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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 September 15, 2006, recorded in Deed Book 1422, Page 328, 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 May, 2016, the property described on Exhibit A attached hereto. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND situate, lying and being in the 1458th G.M. District of Liberty County, Georgia, containing Six and Ninety-Four Hundredths (6.94) acres more or less, being bounded now or formerly, on the North by lands of Helms and lands of the D. C. Miller Estate; East by the CSX Railroad; South by lands of Liberty County; and on the West by Hall Street. Said parcel has such metes, bounds and location as shown on that certain plat of survey made and prepared by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated February 18, 1974, revised September 18, 2006, said original plat of survey being recorded in Plat Section E-21, page 3, and the revised plat of survey being recorded in Plat Section O16, Page 1A in the Office of the Clerk of Superior Court of Liberty County, Georgia; said plat by express reference is incorporated herein for descriptive and all other purposes. LESS AND EXCEPT that portion containing 2.05 acres, more or less, and being known as Parcel "A", as shown on that certain revised plat of survey made and prepared by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, being revised on September 18, 2006, with said revised plat of survey being recorded in Plat Section O16, Page 1A in the Office of the Clerk of Superior Court of Liberty County, Georgia. SUBJECT, HOWEVER, to a non-exclusive easement for ingress and egress over and across the parcel being designated as Parcel "C" on that revised plat of survey made and prepared by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, being revised on September 18, 2006, with said revised plat of survey being recorded in Plat Section O16, Page 1A Liberty County, Georgia records, to afford access to that 2.05 acres designated as Parcel "A" on the aforementioned 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 The Waters Group, L.L.C, and the party in possession of the property is The Waters Group, L.L.C or tenants of The Waters Group, L.L.C. 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 40844 4/6,13,20,27
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