Notice Content
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF RABUN
By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from Seasons of Lake Burton, LLC, a Georgia limited liability company and Buckley Land Development Partners, LLC, a Georgia limited liability company to Branch Banking and Trust Company, dated as of January 14, 2002, recorded in Deed Book N-22, Page 172, as re-recorded January 3, 2003, in Deed Book P-23, Page 360, as modified by that certain Modification Agreement by and between Seasons of Lake Burton, LLC, Buckley Land Development Partners, LLC, Charles J. Buckley and Branch Banking and Trust Company, dated as of May 13, 2003, recorded in Deed Book J-24, Page 356, as further modified by that certain Modification Agreement by and between Seasons of Lake Burton, LLC, Buckley Land Development Partners, LLC, Charles J. Buckley and Branch Banking and Trust Company, dated as of April 22, 2004, recorded in Deed Book J-26, Page 606, as further modified by that certain Modification Agreement by and between Seasons of Lake Burton, LLC, Buckley Land Development Partners, LLC, Charles J. Buckley and Branch Banking and Trust Company, dated as of January 28, 2005, recorded in Deed Book Q-27, Page 122, as further modified by that certain Modification Agreement by and between Seasons of Lake Burton, LLC, Buckley Land Development Partners, LLC, Charles J. Buckley, Cowart/Berkow Development, LLC, a Georgia limited liability company and Branch Banking and Trust Company, dated as of June 1, 2007, recorded in Deed Book E-32, Page 117, as further modified by that certain Modification Agreement by and between Seasons of Lake Burton, LLC, Buckley Land Development Partners, LLC, Charles J. Buckley, Cowart/Berkow Development, LLC, and Branch Banking and Trust Company, dated as of March 18, 2008, recorded in Deed Book 0-33, Page 623, as amended by that certain Amendment to Deed to Secure Debt and Security Agreement by and between Seasons of Lake Burton, LLC and Branch Banking and Trust Company, dated as of July 24, 2009, recorded in Deed Book J-35, Page 192, as further amended by that certain Amendment to Deed to Secure Debt and Security Agreement by and between Seasons of Lake Burton, LLC and Branch Banking and Trust Company, dated as of July 9, 2010, recorded in Deed Book J-36, Page 17, as assigned by that certain Assignment of Security Instruments from Branch Banking and Trust Company to LSCG Fund 9, LLC, dated effective as of November 30, 2012, recorded in Deed Book E-39, Page 436, as further modified by that certain Modification of Deed to Secure Debt and Security Agreement by and between Seasons of Lake Burton, LLC, and LSCG Fund 9, LLC, a Delaware limited liability company, dated as of January 15, 2013, recorded in Deed Book L-39, Page 353, as affected by that certain Quit-Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, and Buckley Land Development Partners, LLC, dated October 23, 2003, recorded in Deed Book J-25, Page 181, as further affected by that certain Quit-Claim Deed from Branch Banking and Trust Company to Buckley Land Development Partners, LLC, dated February 1, 2005, recorded in Deed Book S-27, Page 591, as further affected by that certain Quit-Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated January 27, 2006, recorded in Deed Book N-29, Page 202, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated July 7, 2006, recorded in Deed Book I-30, Page 466, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated September 22, 2006, recorded in Deed Book T-30, Page 490, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated November 22, 2006, recorded in Deed Book C-31, Page 470, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated January 16, 2007, recorded in Deed Book J-31, Page 482, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated November 29, 2007, recorded in Deed Book A-33, Page 268, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated January 22, 2008, recorded in Deed Book F-33, Page 414, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated August 21, 2008, recorded in Deed Book D-34, Page 353, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated August 21, 2008, recorded in Deed Book D-34, Page 357, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated July 22, 2010, recorded in Deed Book I-36, Page 126, as further affected by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, dated September 19, 2012, recorded in Deed Book U-38, Page 104, as further affected by that certain Quitclaim Deed from LSCG Fund 9, LLC to Seasons of Lake Burton, LLC, dated February 19, 2015, recorded in Deed Book P-41, Page 673, and as further affected by that certain Quitclaim Deed from LSCG Fund 9, LLC to Seasons of Lake Burton, LLC, dated April ___, 2015, recorded in Deed Book ___, Page ____, Rabun County Records, conveying the after-described property to secure a Note in the original principal amount of One Million Nine Hundred Thousand Dollars and 0/00 ($1,900,000.00) with interest thereon as set forth therein, there will be sold at public outcry before the Courthouse door in said County by LSCG Fund 9, LLC, as assignee of Branch Banking and Trust Company, per that certain Assignment of Security Instruments from Branch Banking and Trust Company to LSCG Fund 9, LLC, dated effective November 30, 2012, recorded in Deed Book E-39, Page 436, Rabun County Records, during the legal hours of sale on the first Tuesday in June, 2015, to the highest bidder for cash, the following described property, as follows:
ALL THAT TRACT or parcel of land lying and being in Land Lot 31 of the 13th District, Rabun County, Georgia, and being shown as Tract 1 containing 1.503 acres and Tract 2 containing 5.065 acres (total of 6.568 acres) as per that certain survey for The Seasons of Lake Burton, LLC, Branch Banking and Trust Company and Old Republic National Title Insurance Company prepared by Rochester & Associates, Inc., James C. Jones, Georgia RLS #2298,dated 03/26/02, last revised 05/06/02, and being more particularly described as follows:
To find the Point of Beginning commence at the intersection of the centerline of Laurel Lodge Road (public right of way} with the centerline of Marina Lane; proceed thence from said centerline intersection south 6102"20" east 916.50 feet to a mound of stones and the POINT OF BEGINNING; and from said POINT OF BEGINNING; proceed thence north 5533'37" east 698.02 feet to a point located in the centerline of Kenny Branch Run, said centerline being the property line; proceed thence along said centerline the following courses and distances: south 291400" east 161.40 feet to a point; south 731400 east 50.0 feet to a point; south 151400 east 219.0 feet to a point; thence leaving said centerline and proceeding south 604600" west 119.81 feet to a point; proceed thence south 3928'53" west 78.40 feet to a point; proceed thence south 7322'56" west 130.44 feet to an iron pin found; proceed thence south 604605 west 129.85 feet to an iron pin found; proceed thence south 3110'52'' west 27.12 feet to an iron pin found; proceed thence north 6246'58 west 90.60 feet to a 24" live oak found; proceed thence north 6633'58 west 90.19 feet to an iron pin found; proceed thence north 663526 west 184.42 feet to an iron pin found; proceed thence south 3004'18 west 267.93 feet to a 24" red oak found; proceed thence south 391719 west 161.22 feet to an iron pin found; proceed thence south 453653 west 417.15 feet to an iron pin found on the northeasterly right of way of Burton Dam Road (100 foot right of way); proceed thence along said right of way north 580016 west 51.45 feet to an iron pin set; thence leaving said right of way and proceeding north 453653" east 426.50 feet to an iron pin set; proceed thence north 391719" east 154.43 feet to an iron pin set; proceed thence north 3004'19" east 309.11 feet to the POINT OF BEGINNING.
LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit-Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company and Buckley Land Development Partners, LLC, a Georgia limited liability company, dated October 23, 2003, recorded November 6, 2003, recorded in Deed Book J-25, Page 181, Records of Rabun County, Georgia.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit-Claim Deed from Branch Banking and Trust Company to Buckley Land Development Partners, LLC, a Georgia limited liability company, dated February 1, 2005, recorded March 1, 2005, recorded in Deed Book S-27, Page 591, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit-Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated January 27, 2006, filed for record January 27, 2006 at 2:52 p.m., recorded in Deed Book N-29, Page 202, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated July 7, 2006, filed for record July 7, 2006 at 4:30 p.m., recorded in Deed Book I-30, Page 466, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated September 22, 2006, filed for record September 22, 2006 at 4:10 p.m., recorded in Deed Book T-30, Page 490, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated November 22, 2006, filed for record November 27, 2006 at 3:00 p.m., recorded in Deed Book C-31, Page 470, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated January 16, 2007, filed for record January 16, 2007 at 12:10 p.m., recorded in Deed Book J-31, Page 482, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated November 29, 2007, filed for record December 17, 2007 at 10:55 a.m., recorded in Deed Book A-33, Page 268, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated January 22, 2008, filed for record February 6, 2008 at 12:05 p.m., recorded in Deed Book F-33, Page 414, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated August 21, 2008, filed for record September 12, 2008 at 2:37 p.m., recorded in Deed Book D-34, Page 353, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated August 21, 2008, filed for record September 12, 2008 at 3:38 p.m., recorded in Deed Book D-34, Page 357, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated July 22, 2010, filed for record July 28, 2010 at 11:46 a.m., recorded in Deed Book I-36, Page 126, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quit Claim Deed from Branch Banking and Trust Company to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated September 19, 2012, filed for record October 1, 2012 at 1:02 p.m., recorded in Deed Book U-38, Page 104, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Quitclaim Deed from LSCG Fund 9, LLC to Seasons of Lake Burton, LLC, dated February 19, 2015, filed for record February 20, 2015 at 2:40 p.m., recorded in Deed Book P-41, Page 673, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Share Deed from Seasons of Lake Burton, LLC, a Georgia limited liability company to Blue Ridge Partners, dated October 23, 2003, recorded November 6,
2003, recorded in Deed Book J-25, Page 184, aforesaid Records; as amended by that certain
Amendment to Share Deed by and between Seasons of Lake Burton, LLC, a Georgia limited
liability company and Blue Ridge Partners, LLC, dated August 31, 2004, recorded September
16, 2004, recorded in Deed Book Y-26, Page 552, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Share Deed from Seasons of Lake Burton, LLC, a Georgia limited liability company to Timothy P. Norris and Robin C. Norris, dated October 31, 2003, recorded November 6, 2003, recorded in Deed Book J-25, Page 186, aforesaid Records; as amended by that certain Amendment to Share Deed by and between Seasons of Lake Burton, LLC, a Georgia limited liability company and Timothy P. Norris and Robin C. Norris, dated August 31,
2004, recorded September 16, 2004, recorded in Deed Book Y-26, Page 551, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Share Deed from Seasons of Lake Burton, LLC, a Georgia limited liability company to Kama Swartz, dated November 18, 2003, filed for record January 3, 2004 at 3:33 p.m., recorded in Deed Book R-25, Page 224, aforesaid Records; as amended by that certain Amendment to Share Deed by and between Seasons of Lake Burton, LLC, a Georgia limited liability company and Kama Swartz, dated September 1, 2004, recorded September 16, 2004, recorded in Deed Book Y-26, Page 550, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Share Deed from Seasons of Lake Burton, LLC, a Georgia limited liability company to Paul A. Young and Sandra S. Harmon, dated January 27, 2006, filed for record January 27, 2006 at 2:52 p.m., recorded in Deed Book N-29, Page 207, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Share Deed from Seasons of Lake Burton, LLC, a Georgia limited liability company to Lawrence Joseph Bracken, II as to an undivided interest, John David Booth, as to an undivided 1/4 interest, Paul Allen Webb, as to an undivided 1/4 interest and Estela Alvarez, as to an undivided 1/4 interest, dated November 22, 2006, filed for record November 27, 2006 at 3:00 p.m., recorded in Deed Book C-31, Page 478, aforesaid Records.
FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Share Deed from Seasons of LSCG Fund 9, LLC to Seasons of Lake Burton, LLC as interest in Shares No. A-22 of the Seasons of Lake Burton, dated the ____ of April, 2015, recorded in Deed Book _____, Page ____, Rabun County Records.
TOGETHER WITH those easement rights arising under that certain Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton by Seasons of Lake Burton, LLC, a Georgia limited liability company, dated October 23, 2003, recorded November 6, 2003, recorded in Deed Book J-25, Page 131, Records of Rabun County, Georgia; as amended by that certain Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton by Seasons of Lake Burton, LLC, a Georgia limited liability company, dated May 17, 2004, filed for record May 19, 2004 at 1:33 p.m., recorded in Deed Book I-26, Page 558, aforesaid Records; as further amended by that certain Second Amendment and Restatement of Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton by Seasons of Lake Burton, LLC, a Georgia limited liability company, dated January 27, 2006, filed for record January 27, 2006 at 2:52 p.m., recorded in Deed Book N-29, Page 148, aforesaid Records; as affected by that certain Agreement Regarding the Application of Certain Provisions of The Second Amendment and Restatement of Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton as further amended with Respect to Cottage 1A by and between Seasons of Lake Burton, LLC, a Georgia limited liability company, Seasons of Lake Burton Lodge, Inc., a Georgia non-profit corporation and Lake Burton Cove, LLC, a Georgia limited liability company, dated effective November 22, 2006, filed for record April 26, 2012 at 11:45 a.m., recorded in Deed Book I-38, Page 46, aforesaid Records; as further affected by that certain Agreement Regarding the Application of Certain Provisions of The Second Amendment and Restatement of Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton as further amended with Respect to Cottage 1A by and between Seasons of Lake Burton, LLC, a Georgia limited liability company, Seasons of Lake Burton Lodge, Inc., a Georgia nonprofit corporation and Lake Burton Cove, LLC, a Georgia limited liability company, dated effective January 1, 2009, filed for record April 26, 2012 at 11:45 a.m., recorded in Deed Book I-38, Page 53, aforesaid Records; as further affected by that certain Agreement Regarding the Application of Certain Provisions of The Second Amendment and Restatement of Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton as further amended with Respect to Cottage 1A by and between Seasons of Lake Burton, LLC, a Georgia limited liability company, Seasons of Lake Burton Lodge, Inc., a Georgia non-profit corporation and Lake Burton Cove, LLC, a Georgia limited liability company, dated effective April 1, 2012, filed for record April 26, 2012 at 11:45 a.m., recorded in Deed Book I-38, Page 61, aforesaid Records; as further amended by that certain Third Amendment and Restatement of Declaration of Covenants, Conditions, Restrictions and Easements for The Seasons of Lake Burton by Seasons of Lake Burton, LLC, a Georgia limited liability company, dated May 8, 2008, filed for record May 8, 2008 at 2:50 p.m., recorded in Deed Book Q-33, Page 526, aforesaid Records.
ALSO TOGETHER WITH those easement rights arising under that certain Warranty Deed from M. A. Whitney, Jr. and Cynthia S. Whitney to Seasons of Lake Burton, LLC, a Georgia limited liability company, dated as of May 14, 2002, recorded in Deed Book N-22, Page 58, aforesaid Records.
ALSO TOGETHER WITH those easement rights arising under that certain Easement Agreement by and between Camp Cherokee For Girls, Inc. and Seasons of Lake Burton, LLC, a Georgia limited liability company, dated Mach 1, 2007, recorded in Deed Book P-31, Page 622, aforesaid Records.
The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney's fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of the Borrower or other persons or entities in possession with the consent or acquiescence of Borrower and that the properties are commonly known as Share A-23 and Share A-24, 65 Seasons View Court, Clarkesville, Georgia 30523, and 21, 43 and 49 Seasons View Court, Clarkesville, Georgia 30523, Seasons at Lake Burton, according to the present system of numbering streets in Rabun County, Georgia.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: LS Capital, Inc., as servicer for LSCG Fund 9, LLC, 13949 Ventura Blvd., Suite 300, Sherman Oaks, CA 91423 at 818-922-2200. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of Seasons of Lake Burton, LLC, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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. The sale will be conducted subject to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.
LSCG Fund 9, LLC, as assignee of Branch Banking and Trust Company, as attorney in fact for Seasons of Lake Burton, LLC. Michael D. Payne, Attorney for LSCG Fund 9, LLC, McCullough, Payne & Haan, LLC, 271 17th Street, N.W., Suite 2200, Atlanta, Georgia 30363-6213, (404) 873-1386
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