Notice Content
gpn14
HS Foreclosures
NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF LIBERTY Under and by virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt dated April 24, 2007 from Dennis A. Waters Jr. ("Grantor") in favor of First National Bank and recorded at Deed Book 1464, Page 276, Liberty County, Georgia records (as modified, renewed, restated or otherwise amended from time to time, including without limitation by that certain Affidavit dated April 20, 2015, recorded in Deed Book 1859, page 441, aforesaid records; that certain Amendment and Supplement to Deed to Secure Debt recorded in Deed Book 1876, page 127, aforesaid records; that certain Modification recorded in Deed Book 1876, page 146, aforesaid records; that certain Assignment of Real Estate Security Deed from the Federal Deposit Insurance Corporation as receiver for First National Bank to CADC/RADC Venture 2011-1, LLC, recorded December 27, 2011 in Deed Book 1702, Page 751, aforesaid records and that certain Assignment of Real Estate Security Deed from CADC/RADC Venture 2011-1, LLC to FB Acquisition Property I, LLC, recorded January 21, 2015 in Deed Book 1849, Page 471, aforesaid records (collectively, the "Security Deed"), the undersigned will sell at public outcry before the door of the Courthouse of Liberty County, Georgia during the legal hours of sale on the first Tuesday in June 2017 to the highest and best bidder for cash the following described property, to wit: All that certain tract or parcel of land lying, situate, and being in the 1359th G.M. District of Liberty County, Georgia, containing 104.1477 acres, more or less, and being bounded now or formerly as follow: North by lands of Susie B. Monroe and by an unpaved County Road, East by lands of Mrs. Catherine Jones, and South and West by lands of C.B. Jones Estate. Said tract of land is more fully shown upon a plat of survey prepared by C. E. Williams, Surveyor, dated July 19, 1977, recorded in Plat Section K-52, page 2, Liberty County, Georgia Records, and is the same lands conveyed by Deed dated February 10, 1970, recorded in Deed Book 116, page 338, Liberty County, Georgia Records, Specific reference to said deed and plat are made a part of for this description. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above. TO HAVE AND TO HOLD all the aforesaid property, property rights, contract rights, equipment and claims (all of which are collectively referred to herein as the "Premises") to the use, benefit and behoof of the Grantee, forever, in FEE SIMPLE. The debt secured by the Security Deed is evidenced by a Promissory Note dated April 24, 2007 from Grantor to First National Bank in the original principal amount of $750,000.00 (as modified, amended, restated, or replaced from time to time, the "Note"), plus interest from date on the unpaid balance until paid, and other indebtedness. FB Acquisition Property I, LLC is the present owner and holder of the Note by virtue of the assignment referenced above. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the indebtedness evidenced by the Note has been accelerated and the Security Deed has been declared foreclosable according to its terms. 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 the Security Deed and by law, including attorneys' fees, notice of intent to collect attorneys' fees having been given. Said property will be sold subject to any outstanding ad valorem taxes and/or assessments (including taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any matters which might be disclosed by an accurate survey and inspection of the property, and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed. 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 audit and confirmation of the status of the loan and collateral with the holder of the Security Deed. To the best of the undersigned's knowledge and belief, the Premises are presently owned by The Waters Group, LLC. To the best of the undersigned's knowledge and belief, the parties in possession of the Premises are The Waters Group, LLC, and tenants holding under The Waters Group, LLC. FB Acquisition Property I, LLC, assignee from CADC/RADC Venture 2011-1, LLC, as assignee from Federal Deposit Insurance Corporation as receiver for First National Bank, as Attorney-in-Fact for Dennis A. Waters Jr. Michael R. Wing, Esq. Balch and Bingham, LLP 30 Ivan Allen Jr. Blvd., NW Suite 700 Atlanta, Georgia 30308-3036 (404) 962-3574 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 43489 5/10,17,24,31
Back