The Newnan Times-Herald 

Publication Name:
The Newnan Times-Herald

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Publication City and State:
Newnan, GA

Publication County:
Coweta

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Notice Authentication Number:
201606151025539445301
3220054120

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Notice Publish Date:
Thursday, June 09, 2016

Notice Content

CLASS:007 NOTICE OF SALE UNDER POWER GEORGIA, COWETA COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Beverly J. Searles Foundation, Inc. to JHP Family Investments, L.L.L.P. and Robert B. Davis, Jr. recorded in Deed Book 4215, Page 350-357 Coweta County, Georgia Records to secure a Promissory Note in the original principal amount of Three Million and 00/100's Dollars ($3,000,000.00) there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Coweta County, Georgia within the legal hours of sale on the first Tuesday in July 2016 the following described property: Phase 1B All that tract or parcel of land situated, lying and being in Land Lot 81 of the 5th District, Coweta County, Georgia, the same and being more particularly described as follows: To find the true point of beginning, first, start at an iron rod marking the corner common to Land Lot 79, 80, 81 and 82; thence along a curve to the right having a radius of 4000.00 feet and an arc length of 35.89 feet, being subtended by a chord of North 02 degrees 21 minutes 30 seconds East for a distance of 35.89 feet to a 3/8” iron rebar set; thence Northerly along a curve having a radius of 4000.00 feet and an arc length of 642.28 feet to a point on the center line of a Georgia Power Company and Plantation Pipe Line Co. easement, said arc being subtended by a chord of North 07 degrees 12 minutes 46 seconds East for a distance of 641.58 feet; thence, Northerly along a curve having a radius of 4000.00 feet and an arc length of 395.66 feet, said arc being subtended by a chord of North 14 degrees 38 minutes 07 seconds East for a distance of 395.49 feet said point being the True Point of Beginning of the Property Herein Described. Thence, Northeasterly along a curve having a radius of 4000.00 feet and an arc length of 386.53 feet to a point, said arc being subtended by a chord of North 20 degrees 14 minutes 14 seconds East for a distance of 386.38 feet; Thence, Northeasterly along a curve having a radius of 4500.00 feet and an arc length of 175.98 feet to a 3/8” iron rebar set, said arc being subtended by a chord of North 21 degrees 53 minutes 07 seconds East for a distance of 175.99 feet; Thence South 79 degrees 28 minutes 03 seconds East a distance of 382.98 feet to a 3/8” rebar set; Thence South 66 degrees 46 minutes 35 seconds East for a distance of 209.82 feet to a 3/8” iron rebar set; Thence South 00 degrees 21 minutes 21 seconds West for a distance of 459.70 feet to a 3/8” iron rebar set; Thence North 89 degrees 38 minutes 39 seconds East for a distance of 302.00 feet to a 3/8” iron rebar set; Thence North 79 degrees 38 minutes 39 seconds West for a distance of 471.42 feet to a 3/8” iron rebar set, said point being the True Point of Beginning of the Property Herein Described. Said property contains 8.363 acres more or less. Being designated Phase 1B and more particularly described on that certain Boundary Survey for Beverly J. Searles Foundation, Inc. dated May 6, 2015, made by Christopher Brothers Land Surveying, LLC, John R. Christopher, Registered Professional Land Surveyor No. 1766. Phase 1C All that tract or parcel of land situated, lying and being in Land Lot 81 of the 5th District, Coweta County, Georgia, the same and being more particularly described as follows: To find the true point of beginning, first, start at an iron rod marking the corner common to Land Lot 79, 80, 81 and 82; thence along a curve to the right having a radius of 4000.00 feet and an arc length of 35.89 feet, being subtended by a chord of North 02 degrees 21 minutes 30 seconds East for a distance of 35.89 feet to a 3/8” iron rebar set; thence Northerly along a curve having a radius of 4000.00 feet and an arc distance of 642.28 feet to a point on the center line of a Georgia Power Company and Plantation Pipe Line Co. easement, said arc being subtended by a chord of North 07 degrees 12 minutes 46 seconds East for a distance of 641.58 feet, said point being the True Point of Beginning of the Property Herein Described. Thence, South 32 degrees 01 minutes 23 seconds East along the center line of said easement, a distance of 528.52 feet to a point; Thence South 90 degrees 00 minutes 00 seconds East for a distance of 241.60 feet to a 3/8” iron rebar set, Thence North 10 degrees 02 minutes 53 seconds East for a distance of 227.19 feet to a 3/8” iron rebar set; Thence North 00 degrees 21 minutes 21 seconds East for a distance of 520.62 feet to a 3/8” iron rebar set; Thence North 79 degrees 38 minutes 39 seconds West for a distance of 471.42 feet to a 3/8” iron rebar set; Thence Southerly along a curve having an arc distance of 395.66 feet to a point on the center line of a Georgia Power Company and Plantation Pipe Line Co. easement, said arc being subtended by a chord of South 14 degrees 38 minutes 07 seconds West for a distance of 395.49 feet, said point being the True Point of Beginning of the Property Herein Described. Said property contains 8.299 acres more or less. Being designated Phase 1C and more particularly described on that certain Boundary Survey for Beverly J. Searles Foundation, Inc. dated May 6, 2015, made by Christopher Brothers Land Surveying, LLC, John R. Christopher, Registered Professional Land Surveyor No. 1766. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 81 of the 5th Land District of Coweta County, Georgia, and being a portion of Phase 1D, as described in Deed Book 4215, Page 283, and a portion of Phase 1C, as described in Deed Book 4215, Page 278 in the Office of the Clerk of the Superior Court of Coweta County, Georgia, and being more particularly described, as follows: Commence at the corner common to Land Lots 79, 80, 81 and 82; Thence along a curve to the right having a radius of 4,000.00 feet, and an arc length of 35.89 feet, being subtended by a chord of North 02 degrees 21 minutes 30 seconds East for a distance of 35.89 feet to the southwest corner of Phase 1D, as described in Deed Book 4215, Page 283, and the Point of Beginning; Thence along the west line of said Phase 1D, along a curve to the right having a radius of 4,000.00 feet, and an arc length of 642.27 feet, being subtended by a chord of North 07 degrees 12 minutes 46 seconds East for a distance of 641.58 feet to the northwest corner of said Phase 1D; Thence along the west line of Phase 1C, as described in Deed Book 4215, Page 278, along a curve to the right having a radius of 4,000.00 feet, and an arc length of 342.97 feet, being subtended by a chord of North 14 degrees 15 minutes 29 seconds East for a distance of 342.87 feet; Thence leaving said west line, along a curve to the left having a radius of 3,950.00 feet, and an arc length of 848.47 feet, being subtended by a chord of South 07 degrees 32 minutes 30 seconds West for a distance of 846.84 feet; Thence South 01 degrees 23 minutes 16 seconds West, a distance of 130.01 feet to the south line of said Phase 1D; Thence along said south line, North 89 degrees 14 minutes 05 seconds West, a distance of 50.71 feet to the Point of Beginning. Containing 25,703 square feet or 0.59 acres, more or less. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will also be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Beverly J. Searles Foundation, Inc. or tenant or tenants. The individual who shall have full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Peter A. Durham, Esq., Glover & Davis, P.A., P. O. Box 1038, Newnan, Georgia 30264 (770) 683-6000. Nothing in O.C.G.A. §44-14-162.2 shall be construed to require this lender to negotiate, amend or modify the terms of the mortgage. JHP FAMILY INVESTMENTS, L.L.L.P. AND ROBERT B. DAVIS, JR., AS ATTORNEYS-IN-FACT FOR BEVERLY J. SEARLES FOUNDATION, INC. GLOVER & DAVIS, P.A. By: Peter A. Durham P.O. Drawer 1038 Newnan, GA 30264 (770) 683-6000 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. No.64932-6-9-16-23-30