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HS Foreclosures
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LIBERTY By virtue of the Power of Sale contained in the Deed to Secure Debt from DENNIS A. WATERS, JR. ("Debtor") to THE HERITAGE BANK ("Lender"), dated April 18, 2005, recorded in Deed Book 1308, Page 529, Liberty 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 1723, Page 609, 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 $5,363,600.67, 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 Liberty County, Georgia, within the legal hours of sale on the first Tuesday in Mayl, 2016, the following described property: TRACT ONE: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND situate, lying and being in the 17th G.M. District of Liberty County, Georgia, and being in the City of Hinesville, containing 1.849 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 November 16, 1995, and recorded in Plat Section K-16, page 2, in the Office of the Clerk of Superior Court of Liberty 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: Northeasterly by the right of way of Memorial Drive; Southeasterly by lands of Robert A. and Lisa R. Wells; Southwesterly by lands of Dennis A. Waters, Jr.; and Northwesterly by lands of Georgia Power Company, all as shown on the above referred to plat of survey. TRACT TWO: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND situate, lying and being in the 17th G.M. District of Liberty County, Georgia, and being in the City of Hinesville, containing 1.0062 acres, more or less, as shown and represented on that certain plat of survey made and prepared by A. G. Wells, Jr., Georgia Registered Land Surveyor No. 1656, dated April 10, 1991, and recorded in Plat Section F-89, page 4, in the Office of the Clerk of Superior Court of Liberty County, Georgia,said plat by specific reference is made a part hereof for descriptive and all other purposes. Said lot of land being bounded, now or formerly, as follows: Northeasterly by the right of way of Memorial Drive and by lands of Domino's Pizza; Southeasterly by lands of Domino's Pizza and by lands of Jack Parker; Southwesterly by lands of Stewart Pines; and Northwesterly by lands of Carl R. Dykes, all as shown on the above referred to plat of survey. 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 A. WATERS, JR. David B. McAlister, Esq. Arnall Golden Gregory LLP 171 17th Street, NW, Suite 2100 Atlanta, Georgia 30363 (404) 873-8718 40857 4/6,13,20,27
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