The Newnan Times-Herald 

Publication Name:
The Newnan Times-Herald

Publication URL:

Publication City and State:
Newnan, GA

Publication County:
Coweta

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201605130211565431694
3220054796

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Notice Publish Date:
Thursday, May 12, 2016

Notice Content

CLASS:007 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF COWETA Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt & Security Agreement from Strickland Builders, Inc. (hereinafter, “Grantor”) to Bank of Coweta predecessor-in-interest to Bank of North Georgia, a division of Synovus Bank (“Lender”), dated June 6, 2005, and recorded on May 10, 2006, in Deed Book 2964, Page 173, in the Office of the Clerk of Superior Court of Coweta County, Georgia, as affected by that certain Commercial Deed to Secure Debt and Security Agreement from Grantor to Lender, dated September 8, 2010, and recorded on September 9, 2010, in Deed Book 3598, Page 663, in the aforesaid records, as affected by that certain Modification of Deed to Secure Debt dated September 21, 2011, executed by and between Grantor and Lender and recorded on October 11, 2011 in Deed Book 3710, Page 788, aforesaid records, and as affected by that certain Quitclaim Deed of Release dated February 25, 2014, executed by Lender and recorded on February 28, 2014 in Deed Book 4061, Page 565, aforesaid records (hereinafter, collectively, the “Security Deed”), the undersigned Lender will sell at public outcry to the highest bidder for cash before the door of the courthouse of Coweta County, Georgia, during the legal hours of sale, on the first Tuesday of June, 2016, being June 7, 2016, the following described property (the “Property”), to wit: All that tract or parcel of land situate, lying and being in Land Lot 15 of the Second Land District, Coweta County, Georgia, containing 35.276 acres and being more particularly identified on plat of property prepared for Strickland Builders, Inc. by John R. Christopher, Georgia Registered Land Surveyor dated 2/3/06, said plat of record in Plat Book 90, Page 175, Office of the Clerk, Coweta County Superior Court, reference to which plat is hereby made for a more particular description of said 35.279 acres herein conveyed. Said property is subject to any right of way in favor of Coweta County as to the County Maintained Gravel Road known as Strickland Pond Road as shown on the above-referenced plat prepared for Strickland Builders, Inc. by John R. Christopher, Georgia Registered Land Surveyor dated 2/3/06, said plat of record in Plat Book 90, Page 175, Office of the Clerk, Coweta County Superior Court. Said property is the same as that conveyed by John C. Dunn to Strickland Builders, Inc. by Warranty Deed recorded May 10, 2006 in Deed Book 2964, Page 171, Office of the Clerk, Coweta County Superior Court, less and except the County right of way for Strickland Pond Road, a County Maintained Gravel Road. Also together with Grantor's rights, title, and interest in and to all buildings, structures, and other improvements located on the property hereinbefore described, or any part and parcel thereof. Less and except all that tract of or parcel of land lying and being in Land Lot 15 of the 2nd Land District of Coweta County, Georgia containing 5.00 acres and being more particularly identified on plat of property prepared for Strickland Builders, Inc. by John R. Christopher, Georgia Registered Land Surveyor dated 2/18/04, said plat of record in Plat Book 92, Page 179, Office of the Clerk of Superior Court, Coweta County, Georgia records, reference to which plat is hereby made for a more particular description of said 5.00 acres. Said Security Deed secures performance of the terms and provisions of a certain Universal Note dated January 27, 2015, from Grantor in favor of Lender, in the original principal face amount of $162,677.45 (the “Note”), with interest due thereon as set forth therein. Default(s) have occurred under the terms and provisions of the Security Deed and in the payment of the debt evidenced by the Loan Agreement and secured by the Security Deed. As a result of such default(s), the total balance of said debt as evidenced by the Loan Agreement has been and is hereby declared due and the Security Deed foreclosable according to its terms and applicable law. The debt remaining in default, the Property will be sold to the highest bidder for cash as the property of Grantor, the proceeds to be applied to the payment of said indebtedness, attorneys' fees (notice of intention to collect attorneys' fees having been given), and the lawful expenses of said sale, all as provided in the Loan Agreement and the Security Deed and all other related documents evidencing indebtedness owed to Lender. Said sale to be subject to any and all unpaid taxes and assessments (including taxes which are a lien, but not yet due and payable), any matters which would be disclosed by an accurate survey or by an inspection of the Property, any zoning ordinances, all outstanding bills for public utilities which constitute liens upon the Property, any governmental rights of redemption, and all restrictions, easements, liens, security deeds, security interests, claims, and encumbrances of record, if any, that are prior to the Security Deed and to which the Security Deed is subject. To the best of the undersigned Lender's knowledge and belief, Grantor or one or more tenants claiming under Grantor, is in possession of the Property, and the Property is more commonly known as 209 Strickland Pond Road, Newnan, Coweta County, Georgia 30263. The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code. Bank of North Georgia, a division of Synovus Bank, As agent and attorney-in-fact for Strickland Builders, Inc. Paul M. Alexander, Esq. Miller & Martin PLLC 1180 West Peachtree Street, NW Suite 2100 Atlanta, Georgia 30309 (404) 962-6100 No.64844-5-12-19-26&6-2