Notice Content
CLASS:0970
10-49492 Hightower NOTICE OF SALE UNDER POWER GEORGIA, HARALSON COUNTY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Pursuant to the power of sale contained in a certain deed to secure debt executed by RICHARD B. HIGHTOWER, SR. to COMMUNITY BANK OF WEST GEORGIA dated November 26, 2003, fillin "date" \d ""and recorded in Deed Book 708, Page 305fillin "number" \d "" of the HARALSON County, Georgia Deed Records conveying the after-described property to secure a Note in the original principal amount of SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND 00/100 ($750,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of HARALSON County Georgia, within the legal hours of sale on the first Tuesday in November 2016, or November 1, 2016 the following described property: All that tract or parcel of land lying and being Land Lots 198, 199, 210 and 211 of the 7th District, 5th Section of Haralson County and being more particularly described as Lots 34, 38, 39, 45, 46, 47, 48, 59, 60, 61, and 62 of Bush Creek Phase 2, and any common areas or other property in said subdivision not previously conveyed to third parties or otherwise still subject to said Security Deed as shown on that plat and survey prepared April 19, 2004, and recorded in Plat Book 35, Pages 149-152 Haralson County, Georgia Deed Records. Amos Financial, LLC acquired the above-described Security Deed from 2010-1 RADC/CADC Venture LLC by assignment dated June 20, 2016, and recorded in Deed Book 1156, Page 171, in the Haralson County, Georgia deed records. Previously, 2010-1 RADC/CADC Venture had acquired said Security Deed from the former Community Bank of West Georgia, acting by and through the Federal Deposit Insurance Corporation as receiver, under an assignment dated September 1, 2010, recorded in Deed Book 1026, Page 237, Haralson County deed records. Amos Financial, LLC therefore has the right to pursue any and all remedies available under the Security Deed described herein, including, but not limited to, foreclosure on the above-referenced property. The entity with full authority to negotiate, amend, and/or modify all terms of the Security Deed is Amos Financial, LLC, who can be reached at 3330 Skokie Valley Road, Suite 301, Highland Park, IL 60035, phone number (847) 433-2600, extension 113. The debt secured by said Security Deed has matured, and 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 sale and transfer of properties subject to the Security Deed, and other possible events of default. 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 said Security Deed and by law, including attorney's fees (notice of intent to collect attorneys' fees having been given pursuant to O.C.G.A. §13-1-11. Said property will 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 parties in possession of the property are RICHARD B. HIGHTOWER, SR. the HIGHTOWER FAMILY LIMITED PARTNERSHIP, or a tenant or tenants and said property is more commonly known as Lots 34, 38, 39, 45, 46, 47, 48, 59, 60, 61, and 62 of Bush Creek Phase 2 and any common areas or other property in said subdivision not previously conveyed to third parties or otherwise still subject to said Security Deed as designated on the above- referenced plat and survey. 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 security deed. AMOS FINANCIAL, LLC, Attorney in Fact for RICHARD B. HIGHTOWER, SR. ROBERT T. MONROE McRAE, STEGALL, PEEK, HARMAN, SMITH & MONROE, LLP Post Office Box 418 223 South College Street Cedartown, GA 30125 (770) 749-6723
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