Notice Content
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF RABUN
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Rents and Security Agreement from LAPRADES MARINA, LLC, a Georgia limited liability company (the Grantor) to and in favor of Omni National Bank (Lender), dated December 21, 2006, recorded in Deed Book G31, Pages 446-473, Rabun County, Georgia Records, as modified by that certain First Modification of Promissory Note and Deed to Secure Debt dated January 28, 2008, recorded February 28, 2008 in Deed Book H33, Pages 654-656, aforesaid Records, as further modified by that certain Modification of Security Deed recorded August 9, 2011 in Deed Book M37, Pages 486-488, aforesaid Records and re-recorded in Deed Book O37, Pages 152-154, aforesaid Records, as transferred and assigned to MULTIBANK 2009-1 CRE VENTURE, LLC (Holder) by the FDIC, as receiver for Lender pursuant to that certain Assignment of Deed to Secure Debt recorded March 18, 2010 in Deed Book X35, Pages 323-348, aforesaid Records, (as modified and assigned, the Security Deed), securing that certain Promissory Note executed by Grantor to and in favor of Lender dated December 21, 2006 in the original principal sum of FOUR MILLION, FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($4,500,000.00), as modified by that certain First Modification of Promissory Note and Deed to Secure Debt dated January 29, 2008, as further modified by that certain Loan Modification Agreement dated June 1, 2011 between Grantor and Holder, as transferred and assigned to Holder pursuant to that certain Allonge dated as of January 7, 2010 (collectively, the Note), there will be sold at public outcry by Holder as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Rabun County, Georgia, on September 6, 2016, the following described land, improvements and appurtenances (hereinafter collectively referred to as the Premises) to wit:
PHASE I
Tract #2A
This parcel is part of Phase I of the Laprades Camp plat as mapped by Lovell, Duvall, Miller & Associates Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #2A, it is that tract or parcel of land lying in or being in Land Lots 106 and 107; 5th District and Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lots 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE North 61 degrees 01 minutes West for a distance of 992.41 feet to a point in Lake Burton being the Point of Beginning; THENCE North 19 degrees 52 minutes West for a distance of 170.65 feet to a point in Lake Burton; THENCE South 52 degrees 04 minutes West for a distance of 164.75 feet to a Corner of a Concrete pad at the edge of Lake Burton; THENCE North 42 degrees 49 minutes West for a distance of 32.69 feet to a Corner of a Concrete pad at the edge of Lake Burton; THENCE North 27 degrees 35 minutes West for a distance of 12.84 feet to a point at the edge of Lake Burton; THENCE North 44 degrees 04 minutes West for a distance of 31.58 feet to a point at the edge of Lake Burton; THENCE North 45 degrees 44 minutes West for a distance of 70.26 feet to a point at the edge of Lake Burton and also at the Corner of Concrete pad; THENCE North 43 degrees 58 minutes West for a distance of 3.23 feet to a Corner of Concrete pad at the edge of Lake Burton; THENCE North 00 degrees 02 minutes West for a distance of 15.30 feet to a Corner of Concrete pad at the edge of Lake Burton; THENCE North 06 degrees 46 minutes East for a distance of 42.36 feet to a point at the edge of Lake Burton; THENCE North 03 degrees 32 minutes East for a distance of 25.01 feet to a point at the edge of Lake Burton; THENCE North 00 degrees 05 minutes West for a distance of 34.15 feet to a point at the edge of Lake Burton and corner of deck; THENCE South 87 degrees 09 minutes West for a distance of 88.26 feet to a point at the edge of Lake Burton and corner of concrete wall and lake access easement; THENCE North 29 degrees 54 minutes West for a distance of 94.15 feet to a point at the edge of Lake Burton and corner of concrete wall; THENCE South 65 degrees 45 minutes West for a distance of 38.37 feet to a point along concrete wall and edge of Lake Burton and lake access easement; THENCE North 24 degrees 27 minutes West for a distance of 27.77 feet to a point along concrete wall and edge of Lake Burton; THENCE North 64 degrees 18 minutes East for a distance of 49.29 feet to a point at the edge of Lake Burton and corner of concrete wall; THENCE North 59 degrees 23 minutes East for a distance of 6.45 feet to a point at the edge of Lake Burton and corner of concrete wall; THENCE North 49 degrees 02 minutes East for a distance of 4.23 feet to a point at the edge of Lake Burton and corner of concrete wall; THENCE North 40 degrees 16 minutes West for a distance of 10.44 feet to a point at the edge of Lake Burton; THENCE North 02 degrees 37 minutes West for a distance of 9.99 feet to a point at the edge of Lake Burton; THENCE North 23 degrees 57 minutes West for a distance of 13.36 feet to a point at the edge of Lake Burton; THENCE North 23 degrees 55 minutes West for a distance of 61.79 feet to a point at the edge of Lake Burton; THENCE North 26 degrees 50 minutes West for a distance of 91.91 feet to a point at the edge of Lake Burton; THENCE North 38 degrees 31 minutes West for a distance of 19.82 feet to a point at the edge of Lake Burton; THENCE North 44 degrees 33 minutes West for a distance of 27.54 feet to a point at the edge of Lake Burton; THENCE North 49 degrees 00 minutes West for a distance of 29.65 feet to a point at the edge of Lake Burton; THENCE North 67 degrees 16 minutes West for a distance of 28.53 feet to a point at the edge of Lake Burton; THENCE North 76 degrees 48 minutes West for a distance of 54.99 feet to a point at the edge of Lake Burton; THENCE North 57 degrees 48 minutes West for a distance of 30.59 feet to a point at the edge of Lake Burton; THENCE North 49 degrees 35 minutes West for a distance of 40.81 feet to a point at the edge of Lake Burton; THENCE North 44 degrees 52 minutes West for a distance of 45.01 feet to a point at the edge of Lake Burton; THENCE North 41 degrees 10 minutes West for a distance of 121.02 feet to a point at the edge of Lake Burton; THENCE North 49 degrees 31 minutes West for a distance of 39.38 feet to a point at the edge of Lake Burton; THENCE North 34 degrees 49 minutes West for a distance of 14.81 feet to a point at the edge of Lake Burton; THENCE North 21 degrees 30 minutes West for a distance of 10.71 feet to a point at the edge of Lake Burton; THENCE North 14 degrees 01 minute West for a distance of 13.70 feet to the intersection of the edge of Lake Burton and property line; THENCE North 74 degrees 30 minutes East for a distance of 95.03 feet to a point at the C/L of Wildcat Creek; THENCE North 45 degrees 17 minutes East for a distance of 34.42 feet to a point at the edge of Lake Burton; THENCE South 45 degrees 03 minutes East for a distance of 61.31 feet to a point at the edge of Lake Burton; THENCE South 55 degrees 41 minutes East for a distance of 50.79 feet to a point at the edge of Lake Burton; THENCE South 47 degrees 55 minutes East for a distance of 32.85 feet to a point at the edge of Lake Burton; THENCE South 42 degrees 45 minutes East for a distance of 29.66 feet to a point at the edge of Lake Burton; THENCE South 37 degrees 01 minute East for a distance of 41.19 feet to a point at the edge of Lake Burton; THENCE South 54 degrees 07 minutes East for a distance of 5.22 feet to a point at the edge of Lake Burton; THENCE North 31 degrees 48 minutes East for a distance of 38.95 feet to a point at the edge of Lake Burton; THENCE North 44 degrees 33 minutes East for a distance of 55.22 feet to a point at the edge of Lake Burton; THENCE North 38 degrees 39 minutes East for a distance of 84.55 feet to a point at the edge of Lake Burton; THENCE North 82 degrees 50 minutes East for a distance of 37.60 feet to a point at the edge of Lake Burton; THENCE North 84 degrees 02 minutes East for a distance of 12.71 feet to the intersection of the edge of Lake Burton and boathouse construction easement; THENCE North 58 degrees 27 minutes East for a distance of 10.94 feet to a concrete monument at the edge of Lake Burton; THENCE South 54 degrees 25 minutes East for a distance of 5.48 feet to the intersection of the edge of Lake Burton and boathouse construction easement; THENCE South 54 degrees 25 minutes East for a distance of 86.10 feet to a point at the edge of Lake Burton; THENCE South 76 degrees 30 minutes East for a distance of 50.00 feet to the intersection of the edge of Lake Burton and dredging easement; THENCE South 76 degrees 30 minutes East for a distance of 215.02 feet to a point at the edge of Lake Burton; THENCE South 76 degrees 32 minutes East for a distance of 124.39 feet to a point at the edge of Lake Burton; THENCE South 04 degrees 24 minutes West for a distance of 779.15 feet to a point in Lake Burton being the Point of Beginning.
Said property contains 9.070 acres more or less.
Tract #2B
This parcel is part of Phase I of the Laprades Camp plat as mapped by Lovell, Duvall, Miller & Associates Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #2B, it is that tract or parcel of land lying or being in Land Lot 106, 5th District, and Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lots 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement; THENCE North 26 degrees 27 minutes West for a distance of 842.50 feet to a point at the approximate intersection of the C/L of Wildcat Creek and property line in Lake Burton being the Point of Beginning; THENCE South 70 degrees 28 minutes West for a distance of 90.36 feet to a point along the approximate C/L of Wildcat Creek; THENCE South 66 degrees 44 minutes West for a distance of 124.01 feet to a point along the approximate C/L of Wildcat Creek; THENCE South 69 degrees 28 minutes West for a distance of 76.78 feet to a point along the approximate C/L of Wildcat Creek; THENCE South 80 degrees 51 minutes West for a distance of 81.00 feet to a point along the approximate C/L of Wildcat Creek; THENCE South 11 degrees 19 minutes West for a distance of 205.22 feet to a point along the edge of Lake Burton; THENCE North 51 degrees 15 minutes West for a distance of 25.97 feet to a point along the edge of Lake Burton; THENCE North 51 degrees 15 minutes West for a distance of 38.00 feet to a point along the edge of Lake Burton; THENCE North 82 degrees 33 minutes West for a distance of 52.19 feet to a point in Lake Burton; THENCE North 04 degrees 24 minutes East for a distance of 779.15 feet to a point along the edge of Lake Burton; THENCE South 45 degrees 56 minutes East for a distance of 168.08 feet to a point along the edge of Lake Burton; THENCE South 55 degrees 19 minutes East for a distance of 122.38 feet to a point along the edge of Lake Burton; THENCE North 85 degrees 51 minutes East for a distance of 75.18 feet to a point along the edge of Lake Burton; THENCE South 22 degrees 59 minutes East for a distance of 350.11 feet to the approximate intersection of the C/L of Wildcat Creek and property line in Lake Burton being the Point of Beginning.
Said property contains 4.668 acres more or less.
Tract #3
This parcel is part of Phase I of the Laprades Camp plat as mapped by Lovell, Duvall, Miller & Associates Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #3, it is that tract or parcel of land lying in or being in Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lot 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE North 62 degrees 55 minutes West for a distance of 1186.16 feet to a corner of concrete pad at the edge of Lake Burton being the Point of Beginning; THENCE South 41 degrees 36 minutes West for a distance of 98.24 feet to a point of the R/W of Georgia Highway #197; THENCE North 53 degrees 20 minutes West for a distance of 96.42 feet to a point at the R/W of Georgia Highway #197; THENCE North 50 degrees 17 minutes West for a distance of 95.10 feet to a point at the R/W of Georgia Highway #197; THENCE North 32 degrees 36 minutes West for a distance of 47.81 feet to the intersection of the R/W of Georgia Highway #197 and C/L of 16 foot easement road; THENCE North 32 degrees 36 minutes West for a distance of 20.74 feet to a point at the R/W of Georgia Highway #197; THENCE South 60 degrees 00 minutes West for a distance of 10.00 feet to a point at the R/W of Georgia Highway #197; THENCE North 24 degrees 44 minutes West for a distance of 90.22 feet to a point at the R/W of Georgia Highway #197; THENCE North 19 degrees 16 minutes West for a distance of 52.41 feet to the intersection of the R/W of Georgia Highway #197 and lake access easement; THENCE North 19 degrees 16 minutes West for a distance of 31.09 feet to the intersection of the R/W of Georgia Highway #197 and lake access easement; THENCE North 19 degrees 16 minutes West for a distance of 149.59 feet to a point at the R/W of Georgia Highway #197; THENCE South 70 degrees 44 minutes West for a distance of 5.00 feet to a point at the R/W of Georgia Highway #197; THENCE North 19 degrees 16 minutes West for a distance of 50.00 feet to a point at the R/W of Georgia Highway #197; THENCE North 65 degrees 45 minutes East for a distance of 5.00 feet to a point at the R/W of Georgia Highway #197; THENCE North 30 degrees 22 minutes West for a distance of 81.09 feet to a point at the R/W of Georgia Highway #197; THENCE North 42 degrees 26 minutes West for a distance of 234.64 feet to a point at the R/W of Georgia Highway #197; THENCE North 47 degrees 34 minutes East for a distance of 10.00 feet to a point at the R/W of Georgia Highway #197; THENCE North 42 degrees 26 minutes West for a distance of 67.90 feet to a point at the R/W of Georgia Highway #197; THENCE North 39 degrees 07 minutes West for a distance of 46.57 feet to a point at the R/W of Georgia Highway #197; THENCE North 36 degrees 10 minutes West for a distance of 28.90 feet to a point at the R/W of Georgia Highway #197 which is located South 74 degrees 15 minutes East a distance of 2.78 feet from a 30 inch Maple tree; THENCE North 74 degrees 30 minutes East for a distance of 26.05 feet to a point at the edge of Lake Burton; THENCE South 14 degrees 01 minute East for a distance of 13.70 feet to a point at the edge of Lake Burton; THENCE South 21 degrees 30 minutes East for a distance of 10.71 feet to a point at the end of Lake Burton; THENCE South 34 degrees 49 minutes East for a distance of 14.81 feet to a point at the edge of Lake Burton; THENCE South 49 degrees 31 minutes East for a distance of 39.38 feet to a point at the edge of Lake Burton; THENCE South 41 degrees 10 minutes East for a distance of 121.02 feet to a point at the edge of Lake Burton; THENCE South 44 degrees 52 minutes East for a distance of 45.01 feet to a point at the edge of Lake Burton; THENCE South 49 degrees 35 minutes East for a distance of 40.81 feet to a point at the edge of Lake Burton; THENCE South 57 degrees 48 minutes East for a distance of 30.59 feet to a point at the end of Lake Burton; THENCE South 76 degrees 48 minutes East for a distance of 54.99 feet to a point at the edge of Lake Burton; THENCE South 67 degrees 16 minutes East for a distance of 28.53 feet to a point at the edge of Lake Burton; THENCE South 49 degrees 00 minutes East for a distance of 29.65 feet to a point at the edge of Lake Burton; THENCE South 44 degrees 33 minutes East for a distance of 27.54 feet to a point at the edge of Lake Burton; THENCE South 38 degrees 31 minutes East for a distance of 19.82 feet to a point at the edge of Lake Burton; THENCE South 26 degrees 50 minutes East for a distance of 91.91 feet to a point at the edge of Lake Burton; THENCE South 23 degrees 55 minutes East for a distance of 61.79 feet to a point at the edge of Lake Burton; THENCE South 23 degrees 57 minutes East for a distance of 13.36 feet to a point at the edge of Lake Burton; THENCE South 02 degrees 37 minutes East for a distance of 9.99 feet to a point at the edge of Lake Burton; THENCE South 40 degrees 16 minutes East for a distance of 10.44 feet to a point at the edge of Lake Burton and corner of concrete wall; THENCE South 49 degrees 02 minutes West for a distance of 4.23 feet to a point at the edge of Lake Burton and along concrete wall; THENCE South 59 degrees 23 minutes West for a distance of 6.45 feet to a point at the edge of lake Burton and along concrete wall; THENCE South 64 degrees 18 minutes West for a distance of 49.29 feet to a point at the edge of Lake Burton and along concrete wall; THENCE South 24 degrees 27 minutes East for a distance of 27.77 feet to a point at the edge of Lake Burton and along concrete wall at lake access easement; THENCE North 65 degrees 45 minutes East for a distance of 38.37 feet to a point at the edge of Lake Burton and corner of concrete wall; THENCE South 29 degrees 54 minutes East for a distance of 94.15 feet to a point at the edge of Lake Burton and corner of concrete wall and lake access easement; THENCE North 87 degrees 09 minutes East for a distance of 88.26 feet to a point at the edge of Lake Burton and corner of deck; THENCE South 00 degrees 05 minutes East for a distance of 34.15 feet to a point at the edge of Lake Burton; THENCE South 03 degrees 32 minutes West for a distance of 25.01 feet to a point at the edge of Lake Burton; THENCE South 06 degrees 46 minutes West for a distance of 42.36 feet to a point at the edge of Lake Burton and corner of concrete; THENCE South 00 degrees 02 minutes East for a distance of 15.30 feet to a point at the edge of Lake Burton and corner of concrete; THENCE South 43 degrees 58 minutes East for a distance of 3.23 feet to a point at the edge of Lake Burton and corner of concrete; THENCE South 45 degrees 44 minutes East for a distance of 70.26 feet to a point at the edge of Lake Burton; THENCE South 44 degrees 04 minutes East for a distance of 31.58 feet to a point at the edge of Lake Burton; THENCE South 27 degrees 35 minutes East for a distance of 12.84 feet to a point at the edge of Lake Burton and corner of concrete pad; THENCE South 42 degrees 49 minutes East for a distance of 32.69 feet to a point at the edge of Lake Burton and corner of concrete pad being the Point of Beginning.
Said property contains 2.226 acres more or less.
Tract #4
This parcel is part of Phase I of the Laprades Camp plat as mapped by Lovell, Duvall, Miller & Associates, Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #4, it is that tract or parcel of land lying in or being in Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lots 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE North 61 degrees 01 minutes West for a distance of 992.41 feet to a point in Lake Burton being the Point of Beginning; THENCE South 13 degrees 15 minutes West for a distance of 20.08 feet to an axel at the edge of Lake Burton; THENCE South 13 degrees 15 minutes West for a distance of 131.95 feet an iron pin found at C/L of a 16 foot easement road; THENCE South 31 degrees 34 minutes East for a distance of 77.30 feet to an iron pin found at the R/W of Georgia Highway #197; THENCE North 52 degrees 27 minutes West for a distance of 120.36 feet to a point along the R/W of Georgia Highway #197 and C/L of a 16 foot easement road; THENCE North 52 degrees 27 minutes West for a distance of 156.20 feet to a point along the R/W of Georgia Highway #197; THENCE North 51 degrees 49 minutes West for a distance of 50.24 feet to a point along the R/W of Georgia Highway #197 and property line; THENCE North 41 degrees 36 minutes East for a distance of 12.02 feet to the C/L of 16 foot gravel easement road; THENCE North 41 degrees 36 minutes East for a distance of 86.22 feet to the edge of Lake Burton and corner of concrete pad; THENCE North 52 degrees 04 minutes East for a distance of 164.75 feet to a point in Lake Burton; THENCE South 19 degrees 52 minutes East for a distance of 170.65 feet to a point in Lake Burton being the point of Beginning.
Said property contains 1.038 acres more or less.
Tract #5A-1
This parcel is part of Phase I of the Laprades Camp plat as mapped by Lovell, Duvall, Miller & Associates, Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #5A-1, it is that tract or parcel of land lying in or being in land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the corner of Land Lots 27, 28, 69 & 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE North 63 degrees 53 minutes West for a distance of 1595.67 feet to a point where the Creek intersects with R/W of Georgia Highway #197 being the Point of Beginning; THENCE South 68 degrees 58 minutes West for a distance of 11.31 feet to a point in the C/L of creek; THENCE South 75 degrees 53 minutes West for a distance of 13.16 feet to a point in the C/L of creek; THENCE South 86 degrees 41 minutes West for a distance of 14.13 feet to a point in the C/L of creek; THENCE South 48 degrees 05 minutes West for a distance of 39.52 feet to a point in the C/L of creek; THENCE South 75 degrees 05 minutes West for a distance of 17.82 feet to a point in the C/L of creek; THENCE North 77 degrees 55 minutes West for a distance of 76.11 feet to a point in the C/L of creek; THENCE North 68 degrees 08 minutes West for a distance of 51.19 feet to a point in the C/L of creek; THENCE North 65 degrees 34 minutes West for a distance of 43.02 feet to a point in the C/L of creek; THENCE North 71 degrees 51 minutes West for a distance of 9.33 feet to the intersection of the creek and the C/L of Spring Hill Lane; THENCE North 71 degrees 51 minutes West for a distance of 10.34 feet to a point in the C/L of creek; THENCE South 88 degrees 44 minutes West for a distance of 14.59 feet to a point in the C/L of creek; THENCE South 69 degrees 34 minutes West for a distance of 33.81 feet to a point in the C/L of creek; THENCE North 74 degrees 15 minutes West for a distance of 19.67 feet to a point in the C/L of creek; THENCE North 84 degrees 12 minutes West for a distance of 25.51 feet to a point in the C/L of creek; THENCE North 73 degrees 51 minutes West for a distance of 14.91 feet to a point in the C/L of creek; THENCE North 51 degrees 16 minutes West for a distance of 30.51 feet to a point in the C/L of creek; THENCE North 75 degrees 14 minutes West for a distance of 21.88 feet to the intersection of the C/L of creek and the Ginn property line; THENCE North 04 degrees 40 minutes West for a distance of 23.18 feet to an iron pin found; THENCE South 83 degrees 57 minutes West for a distance of 63.42 feet to an iron pin found; THENCE South 83 degrees 57 minutes West for a distance of 92.04 feet to a concrete monument; THENCE South 04 degrees 17 minutes East for a distance of 82.57 feet to the intersection of the Starkey property line and the C/L of creek; THENCE South 64 degrees 45 minutes West for a distance of 6.72 feet to a point in the C/L of creek; THENCE South 39 degrees 52 minutes West for a distance of 9.29 feet to a point in the C/L of creek; THENCE South 79 degrees 41 minutes West for a distance of 9.16 feet to a point in the C/L of creek; THENCE South 56 degrees 12 minutes West for a distance of 17.64 feet to a point in the C/L of creek; THENCE South 22 degrees 43 minutes West for a distance of 13.88 feet to a point in the C/L of creek; THENCE South 29 degrees 11 minutes West for a distance of 30.55 feet to a point in the C/L of creek; THENCE South 39 degrees 19 minutes West for a distance of 9.48 feet to a point in the C/L of creek; THENCE North 53 degrees 01 minutes West for a distance of 9.83 feet to a point in the C/L of creek; THENCE North 17 degrees 54 minutes West for a distance of 10.32 feet to a point in the C/L of creek; THENCE North 84 degrees 37 minutes West for a distance of 20.92 feet to a point in the C/L of creek; THENCE North 59 degrees 06 minutes West for a distance of 39.95 feet to a point in the C/L of creek; THENCE North 83 degrees 18 minutes West for a distance of 36.08 feet to a point in the C/L of creek; THENCE South 60 degrees 55 minutes West for a distance of 25.10 feet to a point in the C/L of creek; THENCE North 87 degrees 12 minutes West for a distance of 14.81 feet to a point in the C/L of creek; THENCE South 63 degrees 09 minutes West for a distance of 13.55 feet to a point in the C/L of creek; THENCE South 72 degrees 36 minutes West for a distance of 46.48 feet to the intersection of the C/L of creek and property line; THENCE leave C/L of creek North 13 degrees 39 minutes West for a distance of 782.31 feet to a point; THENCE North 72 degrees 45 minutes East for a distance of 303.16 feet to a Hickory tree; THENCE South 74 degrees 16 minutes East for a distance of 291.58 feet to an iron pin at the R/W of Georgia Highway 197; THENCE South 27 degrees 09 minutes East for a distance of 64.38 feet to a point in the R/W of Georgia Highway #197; THENCE South 32 degrees 08 minutes East for a distance of 44.56 feet to a point along the R/W of Georgia Highway #197; THENCE South 36 degrees 17 minutes East for a distance of 34.29 feet to a point in the R/W of Georgia Highway #197; THENCE South 39 degrees 07 minutes East for a distance of 52.01 feet to a point in the R/W of Georgia Highway #197; THENCE South 42 degrees 26 minutes East for a distance of 304.59 feet to a point along the R/W of Georgia Highway #197; THENCE South 30 degrees 22 minutes East for a distance of 53.38 feet to a point along the R/W of Georgia Highway #197; THENCE North 67 degrees 06 minutes East for a distance of 9.49 feet to a point along Georgia Highway #197; THENCE South 19 degrees 16 minutes East for a distance of 155.59 feet to a point along the R/W of Georgia Highway #197 and C/L of 16 foot easement road; THENCE South 19 degrees 16 minutes East for a distance of 111.69 feet to a point where the creek intersects the R/W of Georgia Highway #197 being the Point of Beginning.
LESS AND EXCEPT from the above described Tract #5A-1, the Garrison property consisting of 0.2743 acres more or less, described as follows:
That tract or parcel of land lying in or being in Land lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at a point at the R/W of Georgia Highway #197 and the C/L of Tradition Circle being the Point of Commencement; THENCE going 392.00 feet along the C/L of Tradition Circle and Tall Oak Lane to a point in the C/L of Tall Oak Lane; THENCE North 32 degrees 47 minutes 18 seconds West for a distance of 18.40 feet to an iron pin found being the Point of Beginning; THENCE South 85 degrees 07 minutes West for a distance of 176.17 feet to an iron pin found; THENCE North 15 degrees 08 minutes West for a distance of 65.24 feet to an iron pin found; THENCE North 15 degrees 08 minutes West for a distance of 1.45 feet to an iron pin set; THENCE North 85 degrees 07 minutes East for a distance of 188.03 feet to an iron pin set; THENCE South 04 degrees 53 minutes East for a distance of 65.62 feet to an iron pin found being the Point of Beginning. This parcel is shown on a plat made for Alice Garrison as mapped by Lovell, Duvall, Miller & Associates, Inc., R.L.S. and dated October 13, 2006.
Said property contains 11.979 acres more or less.
Tract #5B-1
This parcel is part of Phase I of the Laprades Camp plat, mapped by Lovell, Duvall, Miller & Associates Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #5B-1, it is the tract or parcel of land lying in or being in Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lots 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE North 74 degrees 46 minutes West for a distance of 2335.93 feet to a point at the C/L of the creek being the Point of Beginning; THENCE South 87 degrees 06 minutes West for a distance of 23.45 feet to a point in the C/L of the creek; THENCE South 28 degrees 19 minutes West for a distance of 24.38 feet to a point in the C/L of the creek; THENCE South 58 degrees 23 minutes West for a distance of 20.31 feet to a point in the C/L of the creek; THENCE North 66 degrees 22 minutes West for a distance of 23.07 feet to a point in the C/L of the creek; THENCE South 83 degrees 37 minutes West for a distance of 15.65 feet to the intersection of the creek and a branch; THENCE South 78 degrees 13 minutes West for a distance of 55.59 feet to a point in the C/L of the creek; THENCE North 69 degrees 14 minutes West for a distance of 40.70 feet to the point in the C/L of the creek; THENCE South 56 degrees 39 minutes West for a distance of 37.26 feet to the point in the C/L of the creek; THENCE South 82 degrees 11 minutes West for a distance of 89.68 feet to a point in the C/L of the creek; THENCE South 73 degrees 22 minutes West for a distance of 81.58 feet to a point in the C/L of the creek; THENCE North 76 degrees 05 minutes West for a distance of 38.53 feet to a point in the C/L of the creek; THENCE South 81 degrees 07 minutes West for a distance of 55.49 feet to a point in the C/L of the creek; THENCE South 88 degrees 16 minutes West for a distance of 46.44 feet to a point in the C/L of the creek; THENCE North 77 degrees 21 minutes West for a distance of 64.23 feet to a point in the C/L of the creek; THENCE North 61 degrees 00 minutes West for a distance of 48.17 feet to a point in the C/L of the creek; THENCE North 65 degrees 53 minutes West for a distance of 56.04 feet to a point in the C/L of the creek; THENCE North 80 degrees 36 minutes West for a distance of 68.70 feet to a point in the C/L of the creek; THENCE North 48 degrees 28 minutes West for a distance of 66.71 feet to a point in the C/L of the creek; THENCE North 51 degrees 17 minutes West for a distance of 86.37 feet to a point in the C/L of the creek; THENCE North 42 degrees 47 minutes West for a distance of 51.45 feet to the intersection of the C/L of the creek and the property line which is the C/L of an old railroad bed; THENCE North 25 degrees 17 minutes East for a distance of 37.39 feet to a point along the C/L of the old railroad bed; THENCE South 72 degrees 41 minutes East for a distance of 207.34 feet to a point along the C/L of the old railroad bed; THENCE North 59 degrees 03 minutes East for a distance of 128.93 feet to a point along the C/L of the old railroad bed; THENCE North 06 degrees 55 minutes East for a distance of 285.65 feet to a point along the C/L of the old railroad bed; THENCE North 27 degrees 09 minutes East for a distance of 186.18 feet to a point along the C/L of the old railroad bed; THENCE North 03 degrees 04 minutes East for a distance of 18.51 feet to a point along the C/L of the old railroad bed; THENCE North 64 degrees 33 minutes East for a distance of 293.13 feet to a point; THENCE South 13 degrees 39 minutes East for a distance of 782.31 feet to the intersection of the property line and the C/L of the creek being the Point of Beginning.
Said property contains 8.731 acres more or less.
Tract #5C
This parcel is part of Phase I of the Laprades Camp plat, as mapped by Lovell, Duvall, Miller & Associates Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #5C, it is the tract or parcel of land lying in or being in Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lots 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE North 83 degrees 53 minutes West for a distance of 1680.72 feet to an iron pin found (said iron pin found being the southernmost corner of the tract n/f Clark) being the Point of Beginning; THENCE North 23 degrees 40 minutes East for a distance of 212.70 feet to an iron pin found; THENCE South 19 degrees 47 minutes East for a distance of 62.90 feet to a point along the west R/W line of Pope Dickson Drive; THENCE South 56 degrees 46 minutes west for a distance of 58.48 feet to a point along said R/W of Pope Dickson Drive; THENCE South 27 degrees 55 minutes West for a distance of 79.96 feet to a point along said R/W of Pope Dickson Drive; THENCE South 24 degrees, 19 minutes West for a distance of 135.90 feet to a point along said R/W of Pope Dickson Drive; THENCE South 06 degrees 48 minutes West for a distance of 79.76 feet to a point along said R/W of Pope Dickson Drive; THENCE South 19 degrees 51 minutes East for a distance of 75.84 feet to a point along said R/W of Pope Dickson Drive; THENCE South 10 degrees 36 minutes West for a distance of 56.48 feet to a point along said R/W of Pope Dickson Drive; THENCE South 38 degrees 51 minutes West for a distance of 103.64 feet to a point along said R/W of Pope Dickson Drive; THENCE South 07 degrees 36 minutes West for a distance of 79.56 feet to a point along said R/W of Pope Dickson Drive; THENCE leave said R/W North 44 degrees 54 minutes West for a distance of 488.87 feet to an iron pin; THENCE North 76 degrees 35 minutes East for a distance of 244.81 feet to an iron pin; THENCE North 09 degrees 11 minutes East for a distance of 197.51 feet to an iron pin; THENCE South 62 degrees 10 minutes East for a distance of 14.80 feet to a iron pin; THENCE South 09 degrees 19 minutes West for a distance of 30.00 feet to a iron pin; THENCE South 58 degrees 39 minutes East for a distance of 201.87 feet to an iron pin found and the Point of Beginning.
Said property contains 2.756 acres more or less.
Tract #5D
This parcel is part of Phase I of the Laprades Camp plat, mapped by Lovell, Duvall, Miller & Associates Inc., bearing the seal of Kenyon L. Miller, Georgia R.L.S. No. 2595, with a final revision date of November 18, 2002. It is designated as Tract #5D, it is the tract or parcel of land lying in or being in Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the Corner of Land Lots 27, 28, 69 and 70, 13th District, said corner being a Stone and being the Point of Commencement, THENCE South 81 degrees 08 minutes West for a distance of 1797.90 feet to a point along the west R/W line of Pope Dickson Drive being the Point of Beginning; THENCE South 07 degrees 36 minutes West for a distance of 37.12 feet to a point along said R/W of Pope Dickson Drive; THENCE South 36 degrees 38 minutes West for a distance of 76.89 feet to a point along said R/W of Pope Dickson Drive; THENCE South 37 degrees 25 minutes West for a distance of 53.48 feet to a point along said R/W of Pope Dickson Drive; THENCE South 37 degrees 25 minutes West for a distance of 33.33 feet to a point along said R/W of Pope Dickson Drive; THENCE leave said R/W North 44 degrees 54 minutes West for a distance of 534.41 feet to a point; THENCE North 45 degrees 06 minutes East for a distance of 191.52 feet to an iron pin found; THENCE South 44 degrees 54 minutes East for a distance of 488.87 feet to a point on said R/W of Pope Dickson drive being the Point of Beginning.
Said property contains 2.285 acres more or less.
LESS AND EXCEPT:
That tract or parcel of land lying in or being in Land Lot 27, 13th District, Rabun County, Georgia, and being more particularly described as follows:
Beginning at the northeast corner of the described tract at a 5/8th inch rebar which is referenced by the center line of the intersection of State Route 197 and Traditions Circle which bears North 84 degrees 9 minutes East for a distance of 411.3 feet being the Point of Beginning; THENCE South 04 degrees 43 minutes West for a distance of 152.8 feet to a 5/8th inch rebar; THENCE South 83 degrees 41 minutes West for a distance of 50.0 feet to a 5/8th inch rebar; THENCE North 04 degrees 35 minutes West for a distance of 17.6 feet to a 3/8th inch rebar; THENCE North 04 degrees 42 minutes West for a distance of 132.4 feet to a 1 inch pipe; THENCE North 83 degrees 41 minutes East for a distance of 63.3 feet to a 1 inch pipe; THENCE North 83 degrees 41 minutes East for a distance of 11.7 feet being the Point of Beginning.
Said property contains 0.22 acres more or less.
This parcel is shown on a plat made for Julie S. Fraser and Donald S. Fraser as mapped by Lamar Edwards & Associates, Inc., dated March 1, 2006, revised March 27, 2006.
(Fraser Parcel)
(The land described in the foregoing legal description is referred to herein as the "Land".)
Together with all and singular, the improvements, fixtures, easements, hereditaments, rights, members and appurtenances thereunto belonging or in anywise appertaining, including, without limitation: the buildings and improvements erected thereon, and the fixtures, attachments, appliances, equipment, machinery, furnishings and other articles affixed or attached to said buildings and improvements or used or intended to be used with or in connection with the use, operation or enjoyment of the Land, including, without limitation, all building materials, electrical, plumbing, heating and air conditioning systems (including window units), all built-in appliances, cabinets and lighting fixtures, 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 of the foregoing is hereinafter collectively referred to as the Improvements and Personal Property); and all minerals, shrubs, trees or other emblements on said Land or under or above the same or any part or parcel thereof; and all leasehold estates, usufructuary interests, and rights of Grantor in the Land, and all rights of Grantor as lessor or landlord under any lease or sublease letting or demising all or any portion of the Land or the Improvements and Personal Property, including, without limitation, the interest of Grantor in all rents and security deposits paid thereunder; and all right of claim of Grantor with respect to the proceeds of insurance which Grantor has in the Land and the Improvement and Personal Property and any and all awards made for the taking by eminent domain of the whole or any part of the Land and Improvements and Personal Property.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now subject to foreclosure according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. Notice is hereby given in accordance with O.C.G.A. 44-14-162.2 that this Notice of Sale Under Power is being published in anticipation of a foreclosure sale on September 6, 2016. The name of the secured creditor is Multibank 2009-1 CRE Venture, LLC and the name, address and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed on behalf of Multibank 2009-1 CRE Venture, LLC is Jason Horn, Asset Manager, Colony AMC, 515 S. Flower Street, 44th Floor, Los Angeles, CA 90071, telephone number: 310-552-7243.
The Premises will be sold on an as is, where is basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys fees (notice of intention to collect attorneys fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigneds knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
MULTIBANK 2009-1 CRE VENTURE, LLC, as assignee of the Federal Deposit Insurance Corporation, as Receiver for Omni National Bank As Attorney-in-Fact for LAPRADES MARINA, LLC, a Georgia limited liability company
David W. Cranshaw, Esq., Morris, Manning & Martin, L.L.P., 1600 Atlanta Financial Center, 3343 Peachtree Road, N.E., Atlanta, Georgia 30326
(404) 233-7000
8-11,18,25, 9-1
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