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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GLYNN By virtue of the Power of Sale contained in the Deed to Secure Debt from D & R FINANCIAL GROUP LLC ("Debtor") to THE HERITAGE BANK ("Lender"), dated December 7, 2005, recorded in Deed Book 1831, Page 414, Glynn County, Georgia records (the "Security Deed"), said Security Deed being given to secure: (a)a Promissory Note, dated July 20, 2012, from Debtor to Lender in the original principal amount of $177,492.00, as modified, with interest as specified therein (collectively, the "Note"); and (b)such other indebtedness of Debtor as is defined in the Security Deed. There will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Glynn County, Georgia, within the legal hours of sale on the first Tuesday in April, 2016, the following described property: ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND situate, lying, and being in the 27th GMD, Glynn County, Georgia, and being described according to that certain plat of survey prepared by P. C. Simonton & Associates, Inc., certified by Paul C. Simonton, Georgia Registered Land Surveyor No. 11009, dated October 10, 2005, and being recorded in the Office of the Clerk of Superior Court of Glynn County, Georgia, in Plat Cabinet 2, Map 134, being further identified and shown as ALL OF LOT NUMBERED FIFTY TWO (52) AND FIFTY FOUR (54), FOXCREEK SUBDIVISION, PHASE 2. Reference is hereby made to the aforesaid plat and to the record thereof for all further purposes of description and identification and for all other purposes. The indebtedness secured by the Security Deed has been and is hereby declared due because of the failure to comply with the terms and conditions contained in the Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. To the best of the undersigned's knowledge and belief, the current owner of the property is Debtor, and the party in possession of the property is Debtor or tenants of Debtor. 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. Said property will be sold as the property of the Debtor subject to all unpaid property taxes, assessments, restrictions, restrictive covenants, rights of way, and easements of record, if any. THE HERITAGE BANK As Attorney-in-Fact for D & R FINANCIAL GROUP LLC David B. McAlister, Esq. Arnall Golden Gregory LLP 171 17th Street, NW, Suite 2100 Atlanta, Georgia 30363 (404) 873-8718
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