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HS Foreclosures
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LIBERTY PURSUANT TO AND IN ACCORDANCE WITH and UNDER AND BY VIRTUE of the power of sale and other rights, entitlements, and remedies contained in that Deed to Secure Debt (With Future Advance Clause) between (from) Lewis A. Massey and Bruce E. Bowers (Bruce E. Bowers hereinafter referred to as the "Borrower") and (to) PrimeSouth Bank - Brunswick (hereinafter referred to as the "Lender"), dated the 8th day of August, 2008 ("08-08-2008"), and recorded on or about the 11th day of August, 2008 ("08-11-2008"), in the Office of the Clerk of Superior Court of Liberty County, Georgia at Deed Book 1546, Pages or Folio 766-771, the said PrimeSouth Bank will sell at public outcry, to the highest bidder for cash or certified funds, before the courthouse door of Liberty County, Georgia, within the legal hours of sale on the first Tuesday in December, 2016, the following described property (hereinafter referred to as the "Premises"): All that certain lot, tract or parcel of land situate, lying and being in the 15th G. M. District of Liberty County, Georgia, designated as Lot No. 80, Hampton Island, Phase III, and known as "Bent Oak", as more particularly described upon that certain plat of survey dated October 3, 2004, entitled "A Plat of Hampton Island Phase III" prepared by Thomas & Hutton Engineering Co. and certified by Boyce L. Young, Georgia Registered Land Surveyor No. 2282, which plat of survey (consisting of five (5) pages) is recorded in Plat Slide N-63, Page(s) 1AB, 1CD, 2AB, 2CD AND 3AB, in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which plat of survey is by express reference incorporated herein for descriptive and all other purposes. TOGETHER WITH those certain easement rights more particularly described in Exhibit "A" EASEMENT RIGHTS In addition to the real property more fully described above, the Grantor does hereby transfer and convey unto the Grantee the following easement rights, which shall be appurtenant to said real property: (1) A perpetual, nonexclusive easement in, on, over and across those portions of Grantor's property described as "Existing 80' Right of Way" and the various named 60' Private Rights of Way more particularly shown and delineated upon that certain plat of survey dated September 8, 2004, entitled "A Revised Plat of Hampton Island Phase I" prepared by Thomas & Hutton Engineering Co. and certified by Boyce L. Young, Georgia Registered Land Surveyor No. 2282, which plat of survey (consisting of twelve (12) pages is recorded in Plat Slide N-58, Pages 2AB through 4CD and Plat Slide N-59, Pages 1AB through 2CD in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which plat of survey are by express reference incorporated herein for descriptive and all other purposes (the "General Access Easement"). The General Access Easement is granted for the purpose of ingress and egress to and from the property herein conveyed to Retreat Road (a county maintained public road). Maintenance of the General Access Easement and the Private Streets Easement shall be the obligation of, and at the expense of, the Grantor, its successors and/or assigns. (2) A perpetual easement, exclusive to the property herein conveyed, in, on, over and across the adjoining property of Grantor for the purpose of (a) providing ingress and egress and (b) the construction, installation and maintenance of underground utilities to and from the property herein conveyed to the nearest General Access Easement (the "Personal Access Easement"). The area of the Personal Access Easement shall be no more than twenty-four feet (24') in width and shall extend from the boundary of the property herein conveyed to the nearest Access Easement. The exact location of the area of the Personal Access Easement and the construction thereof shall be subject to review and approval by the Architectural Review Board, as that term is defined in the Declaration. The construction and maintenance of any improvement or utilities within the area of the Personal Access Easement shalt be the sole responsibility of, and at the expense of, the owner of the property herein conveyed. NOTE: A. The foregoing notwithstanding, no rights of ingress, egress and travel (whether vehicular or pedestrian) are granted across that portion of any private right of way or that portion of any Private Street which is within the property boundaries of any other Unit, as that term is defined in the Declaration. B. It is intended that all rights of way which comprise the General Access Easement shall remain private and not be dedicated for public use and maintenance. Without the further agreement and consent of the governing authority of liberty County, Georgia, the same shall not be dedicated to Liberty County nor shall Liberty County have any obligation for the maintenance and upkeep thereof. C. Travel over and across the General Access Easement and any and all other roads within the development known as Hampton Island shall be subject to such reasonable regulations and restrictions as may be imposed from time to time by the Declarant or by the Association, as those terms are defined in the Declaration, for purposes of security and the general welfare of the other residents of Hampton Island. D. Grantor, for itself, its successors or assigns, reserves the right to relocate all or any portion of the easements hereby granted provided that such relocation does not deprive the owner of the property herein described of access to a public road or right of way. attached hereto, which is by express reference incorporated herein. The said Deed to Secure Debt (With Future Advance Clause) secures the indebtedness now evidenced by that certain Promissory Note from Borrower, Bruce Edward Bowers, to the Lender, PrimeSouth Bank, dated 08-08-2008, and all renewals, additions, and extensions thereof, including, but not limited to, that Promissory Note dated 09-26-2014, and also including any other indebtedness of the Borrowers to the Lender that is actually secured by the said Deed to Secure Debt (With Future Advance Clause). The debt and indebtedness secured by the said Deed to Secure Debt (With Future Advance Clause) and as shown in the underlying said Promissory Note, dated 08-08-2008, and all renewals, additions, and extensions thereof, including, but not limited to, that Promissory Note dated 09-26-2014, have been previously and are hereby again declared due and payable in full because of the failure to comply with certain terms and conditions of the said Deed to Secure Debt (With Future Advance Clause) and the said Promissory Note, dated 08-08-2008, and all renewals, additions, and extensions thereof, including, but not limited to, that Promissory Note dated 09-26-2014, and further, as consequence of the nonpayment thereof and the nonpayment of the related ad valorem taxes. Notice has been given of the acceleration of the indebtedness, and the intention to enforce provisions for collection of attorneys' fees and foreclosure in accordance with legal requirements and the terms of the said Deed to Secure Debt (With Future Advance Clause) and the said Promissory Note, dated 08-08-2008, and all renewals, additions, and extensions thereof, including, but not limited to, that Promissory Note dated 09-26-2014. Due to the indebtedness being and remaining in default, the sale will be made for the purpose of applying proceeds thereof for (1) the payment of the expenses of said sale; (2) the payment of the indebtedness secured by the Deed to Secure Debt (With Future Advance Clause), including accrued interest, attorneys' fees and any other sums secured by the said Deed to Secure Debt (With Future Advance Clause); and (3) the remainder, if any, shall be applied as provided by law and/or in accordance with the said Deed to Secure Debt (With Future Advance Clause). To the best of the knowledge of Lender, the Premises are in possession of the Borrowers or those claiming by, through or under the Borrowers. Consequently, the Premises will be sold as the property of the Borrowers. The Lender as Attorney-in-fact for the Borrowers will execute a deed under power of sale, or foreclosure deed, to the purchaser at or following said sale as provided in the Deed to Secure Debt (With Future Advance Clause) or as otherwise required by law. The Premises will be sold subject to (i) all unpaid taxes and assessments, if any; and (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Premises, if any; and (iii) all senior and superior easements, senior liens or senior mortgages, senior limitations, restrictions, reservations, covenants, general subdivision restrictions and any other senior recorded encumbrances of record, if any. The name, address, and telephone number of the individual or entity who has authority to negotiate, amend, and modify all terms of the said Deed to Secure Debt (With Future Advance Clause) and the said Promissory Note, dated 08-08-2008, and all renewals, additions, and extensions thereof, including, but not limited to, that Promissory Note dated 09-26-2014, is as follows: Danny Maddox PrimeSouth Bank 101 Hyde Park Commons Brunswick, Georgia 31523 (912) 264-3301. David Michael Conner, Esq. The Conner Law Group, P.C. 711 East Cherry Street Jesup, Georgia 31546 (877) 283-2745 As Attorney-in-Fact for PrimeSouth Bank. 41868 11/9,16,23,30
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