Notice Content
NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale granted by MICHAEL D. TOMBERLING HOLDINGS, LLLP AKA MICHAEL D. TOMBERLIN HOLDINGS, LLLP AND MICHAEL D. TOMERLIN ("Grantor") to QUEENSBOROUGH NATIONAL BANK AND TRUST ("Grantee") in that certain Real Estate Deed to Secure Debt dated APRIL 27, 2011, and recorded in the Office of the Clerk of the Superior Court of Columbia County, Georgia, in Deed Book 7811, Page(s) 294, et seq., Grantee offers for sale at public outcry before the Courthouse Door, in Columbia County, Georgia, within the legal hours of sale on the First Tuesday in April, 2016, being April 5, 2016, for CASH to the highest bidder, the purchaser paying the transfer tax, all costs of preparing and recording a deed of conveyance, ad valorem taxes and all other assessments or liens against the property, if any, the following-described properties, to-wit: SEE "EXHIBIT A" ATTACHED HERETO The above-referenced Deed to Secure Debt was given to secure an indebtedness evidenced by an Agreement obligating Power Group International, LLC, Michael D. Tomberlin Holdings, LLLP and Michael D. Tomberlin (jointly and severally "Borrower"), to pay to Grantee the original principal amount of FIVE MILLION TWO HUNDRED FOUR THOUSAND TWO HUNDRED NINETY NINE AND 91/100 DOLLARS ($5,204,299.91) with interest thereon. The indebtedness secured by said Deed to Secure Debt has been and is again declared due and payable in full because of, among other events of default, the failure of Borrower to make payments when due in the manner provided in the Agreement. 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 said Deed to Secure Debt and all other sums secured by the Deed to Secure Debt, and the remainder, if any, shall be applied as provided by said Deed to Secure Debt and by law. To the best of the undersigned's knowledge and belief, the property described on "Exhibit A" is in the possession of MICHAEL D. TOMBERLING HOLDINGS, LLLP AKA MICHAEL D. TOMBERLIN HOLDINGS, LLLP AND MICHAEL D. TOMERLIN, or a tenant or tenants. The property is more commonly known as section of land located off Wrightsboro Road Grovetown, Georgia 30813. Said property will be sold as the property of MICHAEL D. TOMBERLING HOLDINGS, LLLP AKA MICHAEL D. TOMBERLIN HOLDINGS, LLLP AND MICHAEL D. TOMERLIN and subject to any outstanding ad valorem taxes (including taxes which are a lien, but are not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, zoning ordinances, covenants, all liens, encumbrances, easements, restrictions or other matters of record that may have priority over said Deed to Secure Debt, if any. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code, and (2) to final confirmation and audit of the status of the Loan with the holder of the Deed to Secure Debt. In compliance with Official Code of Georgia Section 44-124-162.2, Grantee hereby states that the person with full authority to negotiate, amend, and modify all terms of the security deed with the debtor is Mr. Richard Peacock, whose address is 3617 Walton Way Extension, Augusta, Georgia 30909 and whose telephone number is 706-731-1400. However, this statement does not imply that Grantee will in fact agree to negotiate, amend and modify the terms of the security deed Queensborough National Bank and Trust Company, James C. Overstreet, Jr., KLOSINSKI OVERSTREET, LLP, #7 George C. Wilson Court, Augusta, Georgia 30909, Tel: 706-863-2255. "EXHIBIT A" All that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, City of Grovetown, County of Columbia, in the 1285th G.M.D., containing 7.07 acres, more or less, and fronting 415.18 feet on the Southeast side of Wrightsboro Road, and being more particularly shown on a plat prepared for Vicky M. Tomberlin, by Harbin & Harbin, Surveyors, dated June 1, 1991, a copy of which is recorded in the Office of the Clerk of the Superior Court of Columbia County, Georgia, in PC-B, Slide 170 # 4. Reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Also, all the tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Columbia, City of Grovetown, containing 2.59 acres, more or less, being more particularly described as follows: Beginning at a point on the North side of Robinson Avenue which is 172.2 feet West of the Northwest intersection of Charlotte Avenue and Robinson Avenue; from the point of beginning thus described, continue North 61 degrees 18 minutes 43 seconds West along the Northern Right of Way of Robinson Avenue a distance of 214.50 to a point; thence North 28 degrees 23 minutes 18 seconds East a distance of 398.34 feet to a point; thence 58 degrees 57 minutes 33 seconds West a distance of 5.69 feet to a point; thence North 27 degrees 34 minutes 42 seconds East a distance of 112.08 feet to a point; thence South 65 degrees 29 minutes 59 seconds East a distance of 206.62 feet to a point; thence South 22 degrees 37 minutes 54 seconds West a distance of 334.93 feet to a point; thence North 61 degrees 18 minutes 26 seconds West a distance of 15.86 feet to a point; thence South 29 degrees 01 minutes 01 seconds West a distance of 192.68 feet to the point of beginning. LESS AND EXCEPT: All that lot or parcel of land, with improvements thereon, situate, lying and being in Grovetown, Columbia County, Georgia, in the amount of 7.70 acres, as the same as shown and designated as such on a plat prepared by Harbin & Associates, dated July 10, 1997, a copy of said plat being recorded in the Office of the Clerk of the Superior Court of Columbia County, Georgia, in PC-C, Folio 120, #8, incorporated herein by reference and made a part of this description. LESS AND EXCEPT: All that lot or parcel of land, with improvements thereon, situate, lying and being in Grovetown, Georgia, in the amount of 0.43 acres as the same as shown and designated on a plat by Harbin & Associates, dated July 10, 1997 and recorded in the Office of the Clerk of the Superior Court of Columbia County, Georgia in PC-C, Slide 120 # 8, incorporated herein by reference and made a part of this description. This being the lower tract, bordering on West Robinson Avenue. Map and Parcel No.: G06 010B March 9, 16, 23, 30, 2016 Ad #16839403
Back