Notice Content
NOTICE OF POWER OF SALE CONTAINED IN GEORGIA SECURITY DEED AND SECURITY AGREEMENT STATE OF GEORGIA FANNIN COUNTY Under and by virtue of the power of sale contained in that certain Georgia Security Deed and Security Agreement dated March 23, 2011 and recorded in Deed Book 964, Page 226, Fannin County, Georgia records, as modified by Modification Agreement to Georgia Security Deed and Security Agreement dated December 15, 2011, recorded in Deed Book 996, Page 268, aforesaid records (as modified, the "Security Deed"), said Security Deed being executed by RENITA S. TURNER and TROY R. PATTERSON (collectively, "Grantor") in favor of BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation ("BB&T"), as transferred and assigned by BB&T to LSCG FUND 31, LLC, a Delaware limited liability company ("Lender"), pursuant to that certain Assignment of Security Instruments dated June 11, 2015, and recorded in Deed Book 1131, Page 78, aforesaid records, the undersigned, as Attorney-in-Fact for Grantor, will sell at public outcry to the highest and best bidder for cash, between the legal hours of sale before the Courthouse door of Fannin County, Georgia, on the first Tuesday in June, 2017 (June 6, 2017), the following described property (the "Property"), to wit: All that tract or parcel of land lying and being in Land Lot 314, 8th District, 1st Section, Fannin County, Georgia, and being designated as Lot 47 of Enchanting Forest Subdivision, Section 2, containing 1.64 acres, more or less, as shown on plat of survey prepared by Dugger Paul Kiker, dated November 1986, and recorded in Plat Hanger C-207, Pages 69-70 (formerly Plat Book 17, Pages 69-70), Fannin County, Georgia records. Said plat is incorporated herein by reference thereto for a more complete description of the above described property. Subject to all easements, restrictions, and rights of way as shown on above referenced plat or as otherwise appearing of record. Subject to existing easements and right of ways for public roads, if any. This conveyance made together with right of ingress, egress and utility service along existing roads to the subject property. Subject to Fannin County, Georgia Subdivision regulations, Mobile Home regulations and any zoning or other ordinances, if any. Subject to Covenants and Restrictions recorded in Deed Book 130, Pages 86-89, aforesaid records. TOGETHER WITH all appurtenant rights, improvements, fixtures, machinery, equipment, personalty and other personal property located on or used in connection with the aforesaid property. The Security Deed was given to secure those certain Guaranty Agreements dated November 28, 2007 (collectively, the "Guaranty") executed by Grantor to guarantee indebtedness of Nature's Purest Spring Water, Inc. ("Borrower") owed to BB&T and its successors and assigns, including but not limited to that certain Promissory Note dated November 28, 2007 in the original principal amount of TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00) made by Borrower to BB&T (the "Note"), the Note and the Guaranty being transferred and assigned by BB&T to Lender pursuant to, among other things, that certain Bill of Sale and Assignment of Loan Documents dated June 11, 2015. The indebtedness evidenced by the Guaranty and secured by the Security Deed includes interest as provided in the Note until paid. The Security Deed also secures any and all other indebtedness, whether direct or indirect, owing by Grantor to Lender. On account of defaults in the terms of the Note, the Guaranty, the Security Deed and other loan documents, including failure to pay the indebtedness in full upon maturity of the Note, the entire unpaid principal balance of all obligations secured by the Security Deed, including interest to date of sale, is due and payable immediately. The debt remaining in default and unpaid, this sale will be for the purpose of satisfying the principal and interest due, amounts, if any, expended by Lender to protect its interest in the Property, and all expenses of this sale, including, without limitation, attorneys' fees. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the loan documents. Notice has been also given, in writing and by certified mail or statutory overnight delivery, return receipt requested, to Grantor, of 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 Note, the Security Deed and the Guaranty secured thereby in accordance with O.C.G.A. Section 44-14-162.2(a), together with a copy of this Notice of Power of Sale in accordance with O.C.G.A. Section 44-14-162.2(b). The Property will be sold subject to outstanding ad valorem taxes and/or assessments, all zoning ordinances, matters of which would be disclosed by an accurate survey or inspection of the Property, outstanding bills for utilities, easements, restrictions and rights-of-way and any other security deeds or matters of record superior to said Security Deed, if any. The undersigned will execute a deed to the purchaser at the sale as provided in the Security Deed. To the best knowledge and belief of Lender, the equitable title to the Property is vested in Grantor, and the party in possession of the Property is Grantor, and/or tenants claiming under Grantor. LSCG FUND 31, LLC, as Attorney-in-Fact for RENITA S. TURNER and TROY R. PATTERSON Carolyn Saffold Wilson, Attorney at Law Womble, Carlyle, Sandridge & Rice, LLP 271 17th Street, N.W., Suite 2400 Atlanta, Georgia 30363 (404) 888-7487 May 10-31 #338459
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