The Coastal Courier 

Publication Name:
The Coastal Courier

Publication URL:

Publication City and State:
Hinesville, GA

Publication County:
Liberty

Notice Popular Keyword Category:

Notice Keywords:
foreclosure foreclosures

Notice Authentication Number:
201605111714083550209
3220054170

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Notice Publish Date:
Wednesday, April 27, 2016

Notice Content

gpn14 HS Foreclosures STATE OF GEORGIA LIBERTY COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from Quinnco Hinesville, LLC to The Heritage Bank dated August 22, 2008, recorded in Deed Book 1553, Pages 16-29 and modified on April 8, 2011, said modification being recorded in Deed Book 1671, pages 12-22. Said Deed to Secure Debt having been given to secure a Note dated November 12, 2010, in the original principal sum of SIX MILLION NINE HUNDRED TWO THOUSAND TWO HUNDRED NINETY THREE and 74/100'ths DOLLARS ($6,902,293.74), with interest from said date at the rate stated in said Note on the unpaid balance until paid, 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 April, 2016 the property described on Exhibit "A" attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Sherrie Struble, 300 S. Main Street, Hinesville, Georgia, (912) 408-6310. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold as the property of Quinnco Hinesville, LLC, subject to the outstanding ad valorem taxes and/or assessments, if any, and all easements and restrictions of record, if any, having priority over this Deed to Secure Debt. Andrew S. Johnson Attorney-in-Fact for Quinnco Hinesville, LLC 300 S. Main Street, Hinesville, Georgia 31313 Exhibit A (1) Parcels E & G Commencing at the point, said point being a Concrete Monument Found at the intersection of West 15th Street (a 100 foot right-of-way) and the Southern right-of-way of Independence Place Drive (right-of-way varies) having Georgia State Plane East Zone Coordinates of Northing 667162.15 and Easting 815363.45; thence along a tie line that crosses West 15th Street S 02014'26" E, a distance of 877.66 feet to an iron Pipe Set having Georgia State Plane East Zone Coordinates of Northing 666285.16 and Easting 815397.77 and also being the POINT OF BEGINNING; thence S 74008'22" W, a distance of 413.91 feet to an Iron Pipe Set; thence S 31053'54" W, a distance of 151.33 feet to an Iron Pipe set; thence S 75032'25" W, a distance of 60.00 feet to an Iron Pipe Set; thence N 70007'03" W, a distance of 109.86 feet to an Iron Pipe Set thence 60037'59" W, a distance of 405.37 feet to an Iron Pipe Set; being the point of curvature of a tangent curve, turning to the right, having a radius of 1,060.00 feet a central angle of 4040'43", and a chord length of 86.53 feet bearing S 62058'20" W; thence proceed along the area of the curve 86.56 feet to an Iron Pipe Set; thence S 22031'33" E, a distance of 25.75 feet to an Iron Pipe Set; thence S 67028'27" W, a distance of 80.00 feet to an Iron Pipe Set; thence N 22031'33" W, a distance of 25.75 feet to an Iron Pipe Set; being the point of curvature of a tangent curve, turning to the right, having a radius of 1,060.00 feet, a central angle of 27052'16", and a chord length of 510.56 feet bearing S 83034'20" W; thence proceed along the arc of said curve 515.63 feet to an Iron Pipe Set; being the curvature of a tangent curve, turning to the right, having a radius 340.00 feet, a central angle of 6023'26", and a chord length 37.90 feet bearing S 13036'21" W; thence proceed along the arc of said curve 37.92 feet to an Iron Pipe Set; thence N 73011'56" W, a distance of 80.00 feet to an Iron Pipe Set; being the point of curvature of a tangent curve, turning to the left, having a radius of 260.00 feet, a central angle of 606'43", and a chord length of 27.72 feet bearing N 13044'42" E; proceed along the curvature of said curve 27.74 feet to an Iron Pipe Set; thence N 79021'47" W, a distance of 52.19 feet to an Iron Pipe Set; thence N 79021'47" W, a distance of 256.67 feet to an Iron Pipe Set; thence N 12012'59" E, a distance of 657.22 feet to an Iron Pipe Set; thence N 12012'59" E, a distance of 229.9 feet to an Iron Pipe Set; thence 1049'15" W, a distance of 1,292.26 feet to an Iron Pipe Set; thence 1049'15" W, a distance of 839.9 feet to an Iron Pipe Set; thence N 27003'19" E, a distance of 1,007.88 feet to an Iron Pipe Set; thence N 35022'26" E, a distance of 449.05 feet to an Iron Pipe Set; thence S 81037'53" E, a distance of 203.58 feet to an Iron Pipe Set; thence N 86012'14" E, a distance of 151.21 feet to an Iron Pipe Set; thence S 69033'23" E, a distance of 799.58 feet to an Iron Pipe Set and also a point on the western right-of-way of West 15th Street (a 100 foot right-of-way);thence S 13039'03" W, a distance of 252.45 feet to a Concrete Monument Set; being the point of curvature of a tangent curve, turning to the left, having a radius of 2,924.57 feet, a central angle of 6017'41", and a chord length of 321.15 feet bearing S 10044'29" W thence proceed along the arc of said curve 321.31 fet to a point; being the point of curvature of a tangent curve, turning to the left, having a radius 2,924.57 feet, a central angle of 1057'33", and a chord length of 100.00 feet bearing S 6036'52" W; thence proceed along the arc of said curve 100.00 feet to a point; being the point of curvature of a tangent curve, turning to the left, having a radius of 2,924.57 feet, a central angle of 9026'42", and a chord length of 481.55 feet bearing S 0054'44" W; thence proceed along the arc of said curve 482.10 feet to a Concrete Monument Set; thence S 3048'37" E, a distance of 1,752.47 feet to a Concrete Monument Set; being the point of curvature of a tangent curve, turning to the left, having a radius of 2,398.44 feet, a central angle of 11021'24", and a chord length of 474.62 feet bearing S 9029'19 E, thence proceed along the arc of said curve 475.40 feet to a point; being the point of curvature of a tangent curve, turning to the left, having a radius of 2,398.44 feet, a central angle of 2022'28", and a chord length of 99.39 feet bearing S 16021'15" E; thence proceed along the arc of said curve 99.39 feet to a Concrete Monument Set; thence S 15044'44" E, a distance of 35.62 feet to an Iron Pipe Set and also that POINT OF BEGINNING. Said tract or parcel of land containing 154.37 acres more or less and shown on a Boundary Survey of Parcel E & G being a portion of the Independence Tract #1, 1756th G.M. District, Liberty County, Georgia. Survey dated July 21, 2008prepared for Horse Creek Partners, LLC prepared by Thomas & Hutton Engineering Co. Chad w. Carpenter GA RLS # 2979 and recorded in Plat Section 0-72 Page 2AB-3AB in the Office of the Clerk of Superior Court of Liberty County, Georgia. LESS AND EXCEPT from said tract or parcel of land the portions thereof designated as Wetlands and being: Parcel W30, containing 50.34 acres, more or less; Parcel W31, containing 3.31 acres, more or less; Parcel W38, containing 0.25 acres, more or less; Parcel W70, containing 4.05 acres, more or less; and Parcel W72, containing 1.82 acres, more or less, as shown on a Boundary Survey of Parcel E & G being a portion of the Independence Tract #1, 1756th G.M. District, Liberty County, Georgia. Survey dated July 21, 2008prepared for Horse Creek Partners, LLC prepared by Thomas & Hutton Engineering Co. Chad w. Carpenter GA RLS # 2979 and recorded in Plat Section 0-72 Page 2AB-3AB in the Office of the Clerk of Superior Court of Liberty County, Georgia. (2) TRACT F1-A1 Commencing at a point at the centerline intersection of U.S. Highway 196 (a 100 foot right of way) and West 15th Street (a 100 foot right of way) having Georgia State Plane East Zone Coordinates of Northing 660157.00 and Easting 816499.69; thence along a tie line N 09004'14" W a distance of 6,050.86 feet to an iron pipe set on the eastern right of way line of West 15th Street having Georgia State Plane East Zone Coordinates of Northing 666132.20 and Easting 815545.78 and also being the POINT OF BEGINNING; thence along said right of way line N 16000'07" W a distance of 224.82 feet to a concrete monument set; thence along said right of way line a distance of 552.15 feet along the arc of a curve turning to the right having a radius of 2,298.42 feet, a chord bearing of N 10041'33" W and a chord distance of 550.83 feet to a concrete monument set; thence along said right of way line N 03048'39" W a distance of 273.18 feet to a concrete monument set at the intersection of the southern right of way line of Independence Place Drive; thence departing the eastern right of way line of West 15th Street along the southern right of way line of Independence Place Drive N 86011'21" E a distance of 100.00 feet to a concrete monument set; thence along said right of way line N 03048'39" W a distance of 20.00 feet to a concrete monument set; thence along said right of way line N 86011'21" E a distance of 195.81 feet to a concrete monument set; thence along said right of way line N 81032'50" E a distance of 177.67 feet to a concrete monument set; thence along said right of way line a distance of 369.59 feet along the arc of a curve turning to the left having a radius of 730.00 feet, a chord bearing of N 67003'25" E and a chord distance of 365.65 feet to a concrete monument set; thence along said right of way line a distance of 14.05 feet along the arc of a curve turning to the right having a radius of 83.00 feet, a chord bearing of N 57024'09" E and a chord distance of 14.03 feet to a concrete monument set; thence along said right of wat line N 62015'08" E a distance of 45.96 feet to a concrete monument set; thence departing said right of way line S 30057'36" E a distance of 844.42 feet to an iron rod found; thence S 77048'51" W a distance of 189.42 feet to an iron rod set; thence S 65023'08" W a distance of 523.83 feet to an iron rod set; thence S 57037'53" W a distance of 532.16 feet to an iron rod set on the eastern right of way line of West 15th Street, the POINT OF BEGINNING. Said tract or parcel of land containing 21.37 acres more or less as shown on a subdivision plat of A Portion of Tract #2, being a portion of the Independence Tract, 1756th G.M. District, Liberty County, Georgia. Plat dated January 30, 2008, prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-58 Page 3CS in the Office of the Clerk of Superior Court of Liberty County, Georgia. LESS AND EXCEPT from said tract or parcel of land the portions thereof designated as Wetlands and being: Parcel W-7, containing 5.81 acres, more or less, as shown on a subdivision plat of A Portion of Tract #2, being a portion of the Independence Tract, 1756th G.M. District, Liberty County, Georgia. Plat dated January 30, 2008, prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-58 Page 3CD in the Office of the Clerk of Superior Court of Liberty County, Georgia. (3) TRACT F1-A2 Commencing at a point at the centerline intersection of U.S. Highway 196 (a 100 foot right of way) and West 15th Street (a 100 foot right of way) having Georgia State Plane East Zone Coordinates of Northing 660157.00 and Easting 816499.69; thence along a tie line N 09004'14" W a distance of 6,050.86 feet to an iron pipe set on the eastern right of way line of West 15th Street; thence along said right of way line N 16000'07 W a distance of 224.82 feet to a concrete monument set; thence along said right of way line a distance of 552.15 feet along the arc of a curve turning to the right having a radius of 2,298.42 feet, a chord bearing of N 10041'33" W and a chord distance of 550.83 feet to a concrete monument set; thence along said right of way line N 03048'39" W a distance of 273.18 feet to a concrete monument set at the intersection of the southern right of way Aline of Independence Place Drive; thence along the eastern right of way line of West 15th Street N 03048'39" W a distance of 136.00 feet to a concrete monument set at the intersection of the northern right of way line of Independence Place Drive having Georgia State Plane East Zone Coordinates of Northing 667297.85 and Easting 815354.41 and also being the POINT OF BEGINNING; thence along the eastern right of way line of West 15th Street N 03048'39" W a distance of 473.92 feet to an iron rod set; thence departing said right of way line S 80032'34" E a distance of 451.82 feet to an iron rod set; thence S 27052'36" E a distance of 271.91 feet to an iron rod found; thence S 80050'46" E a distance of 317.81 feet to a point; thence S 30057'36" E a distance of 68.38 feet to a concrete monument set on the northern right of way line of Independence Place Drive; thence along said right of way line S 36051'04" W a distance of 54.33 feet to a concrete monument set; thence along said right of way line a distance of 23.22 feet along the arc of a curve turning to the right having a radius of 82.00 feet, a chord bearing of S 44057'46" W and a chord distance of 23.14 feet to a concrete monument set; thence along said right of way line a distance of 357.37 feet along the arc of a curve turning to the right having a radius of 670.00 feet, a chord bearing of S 68021'18" W and a chord distance of 353.15 feet to a concrete monument set; thence along said right of way line N 84051'09" W a distance of 195.81 feet to a concrete monument set; thence along said right of way line N 03048'39" W a distance of 20.00 feet to a concrete monument set; thence along said right of way line S 86011'29" W a distance of 100.00 feet to a concrete monument set at the intersection of the eastern right of way line of West 15th Street, the POINT OF BEGINNING. Said tract or parcel of land containing 6.42 acres more or less as shown on a subdivision plat of A Portion of Tract #2, being a portion of Independence Tract, 1756th G.M. District, Liberty County, Georgia. Plat dated January 30, 2008, prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-58 Page 3CD in the Office of the Clerk of Superior Court of Liberty County, Georgia. (4) PARCEL I-1 Commencing at the point, said point being a Concrete Monument Found at the intersection of West 15th Street (a 100 foot right-of-way) and the southern right-of-way of Independence Place Drive (right-of-way varies) having Georgia State Plane East Zone Coordinates of Northing 667162.15 and Easting 815363.45; thence along West 15th Street the following courses and distances; S 3048'39" E, a distance of 273.18 feet to an Iron Pipe Found; being the point of curvature of a tangent curve, turning to the left, having a radius of 2,298.42 feet, a central angle of 13045'52", and a chord length of 550.83 feet bearing S 10041'33" E; thence proceed along the arc of said curve 552.15 feet to an Iron Pipe Found; thence S 16000'07" E, a distance of 224.82 feet to an Iron Pipe Found having Georgia State Plane East Zone Coordinates of Northing 666132.23 and Easting 815545.82 and also being the POINT OF BEGINNING; thence leaving said right-of-way and turning along southern property line of Now or Formerly Horse Creek Partners, LLC Tract "F1-A1 N 57037'53" E, a distance of 223.74 feet to an Iron Pipe Set; thence S 43002'01" E, a distance of 162.48 feet to an Iron Pipe Set; thence S 47009'31" E, a distance of 152.00 feet to an Iron Pipe Set and also being on the western right-of way of Curtis Road (a 80 foot right-of-way) and being the point of curvature of a tangent curve, turning to the left, having a radius of 448.33 feet, a central angle of 45027'01", and a chord length of 346.39 feet bearing S 3005'03" E; thence proceed along the arc of said curve 355.64 feet to a Concrete Monument Set; thence S 25048'33 E, a distance of 314.07 feet to a Concrete Monument Set and being the point of curvature of a tangent curve, turning to the right, having a radius of 857.64 feet, a central angel of 15052'27", and a chord length of 236.86 feet bearing S 17052'20" E; thence proceed along the arc of said curve 237.61 feet to a Concrete Monument Set; thence S 9056'06 E, a distance of 334.87 feet to a Concrete Monument Set; being the point of curvature of a tangent curve, turning to the left, having a radius of 2,379.97 feet, a central angle of 7039'30", and a chord length of 317.88 feet bearing S 13045'56" E; thence proceed along the arc of said curve 318.11 feet to an Iron Pipe Set; thence leaving said Curtis Road turning along Now or Formerly Black Bucket Enterprises LLC Tract "B" M 73044'30 W, a distance of 358.48 feet to an Iron Pipe Set and also a point on the eastern right-of-way of West 15th Street (a 100 foot right-of-way); thence along said right-of-way N 16000'07 W, a distance of 1,554.88 feet to an Iron Pipe Found and also that same POINT OF BEGINNING. Said tract or parcel of land containing 12.30 acres more or less and as shown on a Boundary Survey of Parcel I-1 being a portion of the Independence Tract #2, 1756th G.M. District, Liberty County, Georgia. Survey dated June 17, 2008 prepared for Horse Creek Partners, LLC prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-73 Page 1CD in the Office of the Clerk of Superior Court of Liberty County, Georgia. LESS AND EXCEPT from said tract or parcel of land the portions thereof designated as Wetlands and being; Parcel W52, containing 1.62 acres, more or less; and Parcel W53, containing 1.32 acres, more or less, as shown on a Boundary Survey of parcel I-1 being a portion of the Independence Tract #2, 1756th G.M. District, Liberty County, Georgia. Survey dated June 17, 2008 prepared for Horse Creek Partners, LLC prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-73 Page 1CD in the Office of the Clerk of Superior Court of Liberty County, Georgia. (5) PARCEL F-2 Commencing at the point, said point being a Concrete Monument Found at the intersection of West 15th Street (a 100 foot right-of-way) and the Northern right-of-way of Independence Place Drive (right-of-way varies) having Georgia State Plane East Zone Coordinates of Northing 667297.85 and Easting 815354.41; thence along West 15th Street N 3048'39" W, a distance of 473.92 feet to an Iron Pipe Found having Georgia State Plane East Zone Coordinates of Northing 667770.73 and Easting 815322.91 and also being the POINT OF BEGINNING; thence N 3048'39" W, a distance of 869.37 feet to a Concrete Monument Set; being the point of curvature of a tangent curve, turning to the right, having a radius of 2,824.57 feet, a central angle of 17042'28", and a chord length of 869.48 feet bearing N 5002'34" E; thence proceed along the arc of said curve 872.95 feet to a Concrete Monument Set; thence N 13039'03" E, a distance of 862.84 feet to an Iron Rebar Found; thence leaving said right-of-way turning along property of Now or Formerly Charlene S. Goodwin S 06716'15" E, a distance of 186.04 feet to an Iron Pipe Found and also being a point on a Proposed Supply ell and Storage Tank Site; thence along said Proposed Supply Well and Storage Tank Site S 22043'45" W, a distance of 210.00 feet to an Iron Pipe Found; thence S67016'15" E, a distance of 210.00 feet to an Iron Pipe Found; thence N 22043'45" E, a distance of 210.00 feet to an Iron Pipe Found and also a point on the southern boundary line of Now or Formerly Charlene S. Goodwin; thence S 67016'15" E a distance of 345.95 feet to an Iron Pipe Found and also a point on the western boundary line of Now or Formerly Independence Place Fort Stewart LLC Tract "F3-A2"; thence along said tract "F3-A2" S 38043'41" W, a distance of 665.01 feet to an Iron Pipe Found; thence S 25056'13" E, a distance of 511.48 feet to an Iron Pipe Found; thence S 9014'56" W, a distance of 607.81 feet to an Iron Pipe Found and also a point on the western boundary line of Now or Formerly Independence Place Fort Stewart LLC Tract "F3-A1"; thence S 9014'56" W, a distance of 362.44 feet to an Iron Pipe Found; thence continuing along Tract "F3-A1 S 29005'02" W, a distance of 354.87 feet to an Iron Pipe Found; thence S 27052'36" E, a distance of 127.91 feet to an Iron Pipe Found; thence turning along northern property line of Now or Formerly Horse Creek Partners LLC Tract "F1-A2" N 80032'34" W, a distance of 451.82 feet to an Iron Pipe Found and also that same POINT OF BEGINNING. Said tract or parcel of land containing 34.52 acres more or less and as shown on a Boundary Survey of Parcel F-2 being a portion of the Independence Tract #2, 1756th G.M. District, Liberty County, Georgia. Survey dated June 17, 2008 prepared for Horse Creek Partners, LLC prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-73 Page 1AB in the Office of the Clerk of Superior Court of Liberty County, Georgia. LESS AND EXCEPT from said tract or parcel of land the portions thereof designated as Wetlands and being; Parcel W47, containing 2.09 acres, more or less; and Parcel W48, containing 1.50 acres, more or less; Parcel W49, containing 6.54 acres, more or less; and Parcel W50, containing 1.03 acres, more or less, as shown on a Boundary Survey of parcel I-1 being a portion of the Independence Tract #2, 1756th G.M. District, Liberty County, Georgia. Survey dated June 17, 2008 prepared for Horse Creek Partners, LLC prepared by Thomas & Hutton Engineering Co. Chad W. Carpenter GA RLS # 2979 and recorded in Plat Section O-73 Page 1CD in the Office of the Clerk of Superior Court of Liberty County, Georgia. LESS AND EXCEPT FROM THE ABOVE SECURED PROPERTY TRACT 1 All that certain lot, tract or parcel of land situate, lying and being in the 1756th G.M. District of Liberty County, Georgia, and in the City of Hinesville, more particularly shown and designated as Tract f1-A1A (7.60 acres) upon that certain plat of survey entitled "A Subdivision Plat of Tract F1-A1 into Tracts F1-A1A & F1-A1B" prepared for Quinnco Hinesville, LLC, dated March 5, 2009 and prepared by Thomas and Hutton Engineering Co., certified by Chad W. Carpenter, Georgia Registered Land Surveyor No. 2979, which plat of survey is recorded in Plat Section O-82, page 4CD in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which is by express reference incorporated herein. TRACT 2 All that certain lot, tract or parcel of land situate, lying and being in the 1756th G.M. District of Liberty County, Georgia, and in the City of Hinesville, more particularly shown and designated as Tract F-1B1 (5.40 acres) upon that certain plat of survey entitled "A Subdivision Plat of Tract F-2 into Parcels F-1B1, F-1B2, Parcel F-2A & Parcel F-2B Being a Portion of the Independence Tract #2" prepared for Quinnco Hinesville, LLC, dated March 5, 2009 and prepared by Thomas and Hutton Engineering Co., certified by Chad W. Carpenter, Georgia Registered Land Surveyor No. 2979, which plat of survey is recorded in Plat Section O-82, page 4AB in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which is by express reference incorporated herein. TRACT 3 All that certain lot, tract or parcel of land situate, lying and being in the 1756th G.M. District of Liberty County, Georgia, and in the City of Hinesville, more particularly shown and designated as Tract F-1B2 (5.40 acres) upon that certain plat of survey entitled "A Subdivision Plat of Tract F-2 into Parcels F-1B1, F-1B2, Parcel F-2A & Parcel F-2B Being a Portion of the Independence Tract #2" prepared for Quinnco Hinesville, LLC, dated March 5, 2009 and prepared by Thomas and Hutton Engineering Co., certified by Chad W. Carpenter, Georgia Registered Land Surveyor No. 2979, which plat of survey is recorded in Plat Section O-82, page 4AB in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which is by express reference incorporated TRACT 4 All that certain lot, tract or parcel of land situate, lying and being in the 1756th G.M. District of Liberty County, Georgia, and in the City of Hinesville, more particularly shown and designated as Tract 1-1B (2.24 acres) and Parcel 1-1D (3.00 Acres) upon that certain plat of survey entitled "A Subdivision Plat of a 9.36 acre portion of Parcel1-1 Being a portion of the Independence Tract #2" prepared for Quinnco Hinesville, LLC, last revised November 12, 2008 and prepared by Thomas and Hutton Engineering Co., certified by Chad W. Carpenter, Georgia Registered Land Surveyor No. 2979, which plat of survey is recorded in Plat Section O-76, page 4CD in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which is by express reference incorporated herein. 40849 4/6,13,20,27