Notice Content
gpn14
HS Foreclosures
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LONG By virtue of the Power of Sale contained in the Real Estate Deed to Secure Debt from DENNIS WATERS DEVELOPMENT COMPANY ("Debtor") to THE HERITAGE BANK ("Lender"), dated February 8, 2008, recorded in Deed Book 298, Page 436, Long County, Georgia records, as modified by Modification and Ratification of Security Deed and Other Loan Documents, dated April 30, 2012, between Debtor and Lender, recorded in Deed Book 388, Page 259, aforesaid records (collectively, the "Security Deed"), said Security Deed being given to secure: (a) a Promissory Note, dated April 30, 2012, from Debtor to Lender in the original principal amount of $4,733,838.80, 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 Long 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 1756th G.M. District of Long County, Georgia, containing 74.57 acres, more or less, as shown and represented on that certain plat of survey made and prepared by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated June 26, 2001, and recorded in Plat Book 14, Folio 241, in the Office of the Clerk of Superior court of Long County, Georgia, said plat by specific reference is made a part hereof for descriptive and all other purposes. Said tract of land being bounded, now or formerly, as follows: Northerly by lands of Nina Wingate Estate and by lands of Mae Folker; Northeasterly by lands of Georgia Pacific Corp., by lands of Liberty County Airport, and by lands of Burnt Pines, Phase I; Southerly by the right of way of Dorsey Road; Southwesterly by lands of Louise K. Goodson; and Northwesterly by lands of Russell Smiley, all as shown on the above referred to plat of survey. LESS AND EXCEPT THE FOLLOWING RELEASED PARCELS IN BURNT PINES SUBDIVISION: (i) Lots 3, 4, 5, 6 and 7, released by Quitclaim Deed dated March 28, 2008, recorded in Deed Book 300, Page 593, Long County, Georgia records. (ii) Lots 63, 64, 65, 66, 67, 72, 73, 74, 75 and 76, released by Quitclaim Deed dated March 19, 2008, recorded in Deed Book 300, Page 595, aforesaid records. (iii) Lot 10, released by Quitclaim Deed dated May 14, 2008, recorded in Deed Book 304, Page 317, aforesaid records. (iv) Lot 9, released by Quitclaim Deed dated April 25, 2008, recorded in Deed Book 305, Page 158, aforesaid records. (v) Lot 8, released by Quitclaim Deed dated April 25, 2008, recorded in Deed Book 305, Page 160, aforesaid records. (vi) Lots 12, 13, 14, 68 and 71, released by Quitclaim Deed dated March 11, 2008, recorded in Deed Book 306, Page 524, aforesaid records. (vii)Lot 23, released by Quitclaim Deed dated July 3, 2008, recorded in Deed Book 308, Page 390, aforesaid records. (viii) Lot 11, released by Quitclaim Deed dated July 3, 2008, recorded in Deed Book 308, Page 392, aforesaid records. (ix) Lot 52, released by Quitclaim Deed dated December 11, 2008, recorded in Deed Book 316, Page 419, aforesaid records. (x) Lot 17, released by Quitclaim Deed dated December 11, 2008, recorded in Deed Book 316, Page 421, aforesaid records. (xi) Lots 15, 16, 61 and 62, released by Quitclaim Deed dated December 2, 2008, recorded in Deed Book 317, Page 144, aforesaid records. (xii) Lots 1, 2, 58, 59, 60, 69, 70 and 77, released by Quitclaim Deed dated February 12, 2009, recorded in Deed Book 319, Page 262, aforesaid records. (xiii) Lot 78, released by Quitclaim Deed dated February 6, 2009, recorded in Deed Book 319, Page 266, aforesaid records. (xiv) Lots 53 and 54, released by Quitclaim Deed dated March 6, 2009, recorded in Deed Book 320, Page 491, aforesaid records. (xv) Lots 55, 56 and 57, released by Quitclaim Deed dated March 9, 2009, recorded in Deed Book 320, Page 496, aforesaid records. (xvi) Lots 18 and 19, released by Quitclaim Deed dated May 5, 2009, recorded in Deed Book 325, Page 427, aforesaid records. (xvii) Lot 21, released by Partial Discharge dated November 2, 2009, recorded in Deed Book 335, Page 100, aforesaid records. (xviii) Lot 20, released by Partial Discharge dated October 28, 2009, recorded in Deed Book 335, Page 102, aforesaid records. (xix) Lot 33, released by Partial Discharge dated January 19, 2010, recorded in Deed Book 338, Page 205, aforesaid records. (xx) Lot 34, released by Partial Discharge dated February 26, 2010, recorded in Deed Book 339, Page 545, aforesaid records. (xxi) Lot 49, released by Partial Discharge dated April 22, 2010, recorded in Deed Book 342, Page 376, aforesaid records. (xxii) Lots 22, 24, 25, 26 and 27, released by Partial Discharge dated October 12, 2010, recorded in Deed Book 350, Page 539, aforesaid records. (xxiii) Lot 28, released by Partial Discharge [undated], recorded in Deed Book 351, Page 528, aforesaid records. (xxiv) Lot 28, released by Partial Discharge dated December 17, 2010, recorded in Deed Book 353, Page 588, aforesaid records. (xxv) Lots 30, 31 and 32, released by Partial Discharge dated January 13, 2011, recorded in Deed Book 355, Page 201, aforesaid records. (xxvi) Well Site [3.99 acres], released by Quitclaim Deed dated February 18, 2011, recorded in Deed Book 359, Page 210, aforesaid records. (xxvii) Lot 46, released by Partial Discharge dated April 27, 2011, recorded in Deed Book 361, Page 296, aforesaid records. (xxviii) Lots 38 and 39, released by Partial Discharge dated April 27, 2011, recorded in Deed Book 361, Page 298, aforesaid records. (xxix) Lots 35, 36 and 37, released by Quitclaim Deed dated June 22, 2011, recorded in Deed Book 365, Page 60, aforesaid records. (xxx) Lots 50 and 51, released by Quitclaim Deed dated August 10, 2011, recorded in Deed Book 369, Page 465, aforesaid records. (xxxi) Lots 44 and 45, released by Partial Discharge dated December 20, 2011, recorded in Deed Book 376, Page 454, aforesaid records. (xxxii) Lots 41, 42 and 43, released by Partial Discharge dated March 22, 2012, recorded in Deed Book 385, Page 169, aforesaid records. (xxxiii) Lot 40, released by Partial Discharge dated March 21, 2013, recorded in Deed Book 409, Page 185, aforesaid records. (xxxiv) Lot 48, released by Quitclaim Deed dated November 6, 2013, recorded inDeed Book 426, Page 7, aforesaid records. Said property being known as Lot 47, Burnt Pines Subdivision. 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 DENNIS WATERS DEVELOPMENT COMPANY David B. McAlister, Esq. Arnall Golden Gregory LLP 171 17th Street, NW, Suite 2100 Atlanta, Georgia 30363 (404) 873-8718 40759 3/9,16,23,30
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