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HS Foreclosures
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LIBERTY Under and by virtue of the power of sale contained in the Deed to Secure Debt and Security Agreement from HAMPTON ISLAND, LLC ("Grantor") to UNITED COMMUNITY BANK ("United"), dated March 31, 2008, filed April 2, 2008, in Deed Book 1523, Page 210, Liberty County, Georgia records in the amount of One Million Three Hundred Thirty-Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($1,338,750.00), as modified by that certain Modification of Deed to Secure Debt and Security Agreement dated May 27, 2009, filed July 2, 2009, in Deed Book 1595, Page 707, aforesaid records, as assigned to Asset Holding Company 5, LLC, by Assignment of Deed to Secure Debt, recorded in Deed Book 1740, Page 80, aforesaid records, as further assigned to Great Oak Pool I LLC by UCC Financing Statement filed October 9, 2013, recorded in Deed Book 1797, Page 826, aforesaid records, and as further assigned to JARBAI, LLC ("Grantee") by Assignment of Security Instruments dated May 24, 2016, recorded in Deed Book 1906, Page 653, aforesaid records (the "Deed to Secure Debt"), Grantee as attorney-in-fact for Grantor, will sell at public outcry to the highest bidder for cash, between the legal hours of sale before the door of the courthouse in Liberty County, Georgia, on the first (1st) Tuesday in July 2016, the following described land and interests in lands, estates, easements, rights, improvements, personal property, fixtures, furnishings, equipment, appliances and appurtenances (hereinafter the "Property"), to wit: All that certain lot, tract or parcel of land situate, lying and being in the 15th Georgia Militia District , Liberty County, Georgia, known and designated as Lot No. 27, Hampton Island, Phase II, and being more particularly shown and described upon that certain plat of survey dated September 30, 2003 prepared by Thomas & Hutton Engineering Co. and certified by Boyce L. Young, Georgia Registered Land Surveyor No. 2282, and recorded in the Office of the Clerk of Superior Court of Liberty County, Georgia, in Plat Slide N-36, Page 2C&D, which plat is incorporated herein and made a part hereof by reference thereto, together with all easement rights appurtenant thereto. TOGETHER WITH all of Grantor's right, title and interest in and to all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes owned by Grantor and attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, building supplies and materials, books and records, chattels, inventory, accounts, consumer goods, general intangibles and personal property of every kind and nature whatsoever owned by Grantor and now or hereafter located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the land and the improvements located from time to time thereon, including all extensions, additions, improvements, betterments, after acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the land and the improvements located thereon or any part thereof and are now or hereafter acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the land as between the parties hereto and all persons claiming by, through or under them and which shall be deemed to be a portion of the security for the indebtedness herein described and to be secured by the Deed to Secure Debt. The location of the above described collateral is also the location of the land. TOGETHER WITH all building materials, fixtures, building machinery and building equipment delivered on site to the land during the course of, or in connection with, construction of the buildings and improvements upon the land and which are now or hereafter owned by Grantor. TOGETHER WITH all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, trees, timber and other emblements now or hereafter located on the land or under or above the same or any part or parcel thereof or appurtenant to the title to the land; and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the land or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor. TOGETHER WITH all income, rents, issues, profits and revenues of the Property from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor, in and to the same; reserving only the right to Grantor to collect the same so long as Grantor is not in default. TOGETHER WITH all and singular the rights, tenements, hereditaments, members and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Property hereinabove mentioned or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor, including but not limited to, all rents, profits, issues and revenues of the Property from time to time accruing, whether under leases or tenancies now existing or hereafter created, reserving only the right of Grantor to collect the same for its own account so long as Grantor is not in default. The Deed to Secure Debt being given to secure: (a) a Promissory Note from Hampton Island, LLC., to United Community Bank dated March 31, 2008, in the original principal amount of One Million Three Hundred Thirty-Eight Thousand Seven Hundred Fifty and No/100ths Dollars ($1,338,750.00) (the "Note"); and (b) such other indebtedness of Grantor to Grantee as is described in the Deed to Secure Debt (the "Secured Indebtedness"). The proceeds of said sale of all or any portion of the Property shall be applied first to the payment of expenses of the sale and of all proceedings in connection therewith, including attorneys' fees actually incurred, to insurance premiums, liens, assessments, taxes and charges including utility charges advanced by Grantee, to all other advances made by Grantee pursuant to the Deed to Secure Debt, then to the accrued interest on the principal indebtedness , then to payment of the outstanding principal balance of the Secured Indebtedness; and the remainder if any, shall be paid to Grantor, or to the person or entity lawfully entitled thereto. To the best of the undersigned's knowledge and belief, the current owner of the Property is Grantor, and the party in possession of the Property is Grantor. Due to the occurrence of the default under the Note and Deed to Secure Debt, the payment of the entire indebtedness evidenced by the Note and secured by the Deed to Secure Debt has been accelerated and has been declared due and payable in full. However, such payment not having been made, the Deed to Secure Debt became and is now foreclosable, and the Property shall be sold at public outcry pursuant to the terms of the power of sale provided in the Deed to Secure Debt, for the purposes of satisfying the amount due upon said Note and all sums secured by said Deed to Secure Debt. Said Property will be sold as the property of the Grantor subject to all unpaid property taxes, liens, assessments, restrictions, restrictive covenants, rights of way, and easements of record which have priority over the Deed to Secure Debt, if any, including, without limitation, the following ("Permitted Encumbrances"): 1. All taxes for the years 2014 and 2015, and all taxes for 2016 and subsequent years, not yet due and payable. 2. Any regulation promulgated by or administered by the United States Army Corps of Engineers or by the State of Georgia Department of Natural Resources. 3. That certain Declaration of Covenants, Conditions and Restrictions of Hampton Island dated as of April 15, 2003, as recorded in Deed Book 1143, Page 33, in the Office of the Clerk of Superior Court of Liberty County, Georgia, as amended by: First Amendment to Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1143, Page 104; Second Amendment to Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1214, Page 658; Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1214, Page 661; Second Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1224, Page 573; Third Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1265, Page 649; Fourth Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1274, Page 115; Fifth Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1287, Page 405; Sixth Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1303, Page 779; Seventh Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1313, Page 112; Eighth Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1342, Page 206; Ninth Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1384, Page 459; Tenth Supplemental Declaration to the Declaration of Covenants, Conditions and Restrictions of Hampton Island as recorded in Deed Book 1446, Page 185; by Eleventh Supplemental Declaration as recorded in Deed Book 1498, Page 79; by Twelfth Supplemental Declaration recorded in Deed Book 1505, Page 1087; by Thirteenth Supplemental Declaration recorded in Deed Book 1511, Page 463; by Corrective Third Amendment recorded in Deed Book 1519, Page 670; by Fourteenth Supplemental Declaration recorded in Deed Book 1586, Page 664; and by Fourth Amendment recorded in Deed Book 1847, Page 113, aforesaid records. 4. Reciprocal Easement Agreement and Declaration among Hampton Island, LLC, Hampton Island Club, LLC and Blue Heron Investments, Inc., dated November 30, 2007, recorded in Deed Book 1508, Page 615, aforesaid records. 5. Such state of facts as shown upon the plat of survey recorded in Plat Slide N-36, Page 2CD, aforesaid records. 6. Obligations, if any, under unrecorded agreement regarding construction of docks, between Morgan Timber, LLC and Cordelia Jones Browning and the Estate of M.F. Martin, Jr., dated December 22, 1998, a Memorandum of which is recorded in Deed Book 891, Page 385, aforesaid records. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. JARBAI, LLC, a Delaware limited liability company as Attorney-in-Fact for Hampton Island, LLC. Eric L. Weiss, Esq. Schulten, Ward Turner & Weiss, LLP 260 Peachtree Street, #2700 Atlanta, Georgia 30303 (404) 688-6800 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 41052 6/8,15,22,29
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