The Jackson Herald 

Publication Name:
The Jackson Herald

Publication URL:

Publication City and State:
Jefferson, GA

Publication County:
Jackson

Notice Popular Keyword Category:

Notice Keywords:
foreclosure foreclosures

Notice Authentication Number:
201512260208305207235
3220054170

Notice URL:

Notice Publish Date:
Wednesday, December 23, 2015

Notice Content

Notice of Sale Notice of Sale Under Power Jackson County, Georgia Under, pursuant to and by virtue of the Power of Sale contained in the Deed to Secure Debt and Security Agreement (“the Deed to Secure Debt”) from Great Skate Realty, LLC in favor of Hometown Community Bank, dated November 16, 2010, recorded in Deed Book 58Z, Pages 787-805, Jackson County Records, said Deed to Secure Debt having been given to secure a Promissory Note from Great Skate Realty, LLC and Great Skate, Inc. to Hometown Community Bank in the original principal amount of $1,650,900.00, dated November 16, 2010, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Jackson County, Georgia, on the first Tuesday in January, 2016, to wit, January 5, 2016, to the highest and best bidder for cash the property described on Exhibit “A” attached hereinbelow and incorporated herein by reference located at 25 Hawkins Lane, Jefferson, Georgia 30549 aka 25 Hawkins Drive, Jefferson, GA 30549, together with all fixtures and personal property attached to and constituting a part of said property, if any (the “Property”). BankUnited, N.A. (“Lender”) is successor in interest to, and assignee of CertusBank, N.A., who was successor in interest to, and assignee of The Federal Deposit Insurance Corporation, as receiver of Hometown Community Bank. The above Deed to Secure Debt and all related documents were first assigned to CertusBank, N.A. in an Assignment of Security Instrument/Deed of Trust/Security Deed or Mortgage dated March 7, 2013, recorded in Deed Book 65E, Pages 779-786 of the Jackson County Records, and then assigned from CertusBank, N.A. to BankUnited, N.A. in Assignments recorded in Deed Book 70-S, page 742, Deed Book 70-Z, pages 309-312 and Deed Book 71-O, pages 615-620 of the aforesaid Records. The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of nonpayment of principal and interest, pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney's fees, and the remainder, if any, shall be applied as provided by law. To the best of Lender's knowledge and belief the property is in the possession of Great Skate, Inc. and/or Great Skate Realty, LLC. The individual who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt is Deadrick Taylor, whose telephone number is 1-317-218-8067. Please note, however, that said individual, on behalf of BankUnited, N.A., is not required to negotiate, amend, or modify the terms of the loan or Deed to Secure Debt. Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Deed to Secure Debt. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. This notice is being published by: BankUnited, N.A., successor in interest to, and assignee of CertusBank, N.A., who was successor in interest to, and assignee of The Federal Deposit Insurance Corporation, as receiver of Hometown Community Bank, as agent and Attorney-in-Fact for Great Skate Realty, LLC and Whelchel, Dunlap, Jarrard & Walker, LLP, Post Office Box 1, Gainesville, Georgia 30503, (770) 535-4001, as attorney for BankUnited, N.A. THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Publication dates: December 9, 16, 23 & 30, 2015. EXHIBIT “A”: All that tract or parcel of land lying in or being in GMD 245, City of Jefferson, Jackson County, Georgia. Being Lot 3, of the Gum Log Group, LLC Subdivision, as shown and delineated on a plat of survey for Gum Log Group, LLC, prepared by Chris M. Patton, Georgia Registered Land Surveyor No. 2647, dated December 28, 2009, and being more particularly described as follows: To locate the TRUE POINT OF BEGINNING commence at a point on the northerly right of way of Panther Drive, (80' right of way), and the westerly right of way U.S. Highway 129-By Pass, a/k/a Damon Gause Parkway N., Thence following along the northern right of way of Panther Drive (80' right of way) the following courses; Thence South 64 degrees 11 minutes 37 seconds West for a distance of 266.11 feet to a point; Thence along a curve to the left having a radius of 612.96 feet, an arc length of 9.98 feet, and being subtended by a chord South 64 degrees 11 minutes 37 seconds West for a distance of 9.98 feet to a point; Thence along a curve to the left having a radius of 612.96 feet, an arc length of 50.01 feet, and being subtended by a chord South 60 degrees 56 minutes 26 seconds West for a distance of 50.00 feet to a 1/2” rebar pin set, and said point being the TRUE POINT OF BEGINNING; Thence along a curve to the left having a radius of 612.96 feet, an arc length of 234.04 feet, and being subtended by a chord of South 47 degrees 39 minutes 52 seconds West for a distance of 232.63 feet, along said right-of-way of Panther Drive to a 1/2” rebar pin set; Thence North 34 degrees 24 minutes 41 seconds West for a distance of 72.96 feet, leaving said right of way to a 1/2” rebar pin set; Thence North 34 degrees 24 minutes 41 seconds West for a distance of 269.72 feet to a 1/2” rebar pin set; Thence South 53 degrees 34 minutes 28 seconds West for a distance of 156.50 feet to a 1/2” rebar pin set; Thence North 06 degrees 16 minutes 03 seconds Fast for a distance of 254.26 feet to a point; Thence North 57 degrees 23 minutes 37 seconds East for a distance of 152.16 feet to a point; Thence North 85 degrees 00 minutes 49 seconds East for a distance of 129.88 feet to a point; Thence North 41 degrees 45 minutes 09 seconds East for a distance of 46.17 feet to a 1/2” rebar pin set; Thence South 29 degrees 22 minutes 47 seconds East for a distance of 228.71 feet to a 1/2” rebar pin set; Thence South 60 degrees 49 minutes 11 seconds West for a distance of 50.00 feet to a 1/2” rebar pin set; Thence South 29 degrees 22 minutes 47 seconds East for a distance of 217.95 feet to a 1/2” rebar pin set; to a point on said right of way of Panther Drive and said point being the TRUE POINT OF BEGINNING, Together with and subject to covenants, easements and restrictions of record. Said property contains 3.40 acres more or less. (DC9,16,23,30B/1016-140T1P)