The Cordele Dispatch 

Publication Name:
The Cordele Dispatch

Publication URL:

Publication City and State:
Cordele, GA

Publication County:
Crisp

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201506301330145277468
3220054120

Notice URL:

Notice Publish Date:
Friday, June 19, 2015

Notice Content

gpn11STATE OF GEORGIACOUNTY OF CRISP:NOTICE OF SALEUNDER POWER IN DEED TO SECURE DEBT:Under and by virtue of the Power of Sale contained in the Deed to Secure Debt and Security Agreement (the Deed to Secure Debt) from Doctors Hospice of Floyd, LLC to ABP Capital II, LLC, dated the 28th day of March, 2013, filed and recorded April 4, 2013, in Deed Book 933, Page 312, Crisp County, GA records, as modified in that certain Promissory Note and Deed to Secure Debt Modification Agreement, recorded March 2, 2015 at Deed Book 987, Page 163, Crisp County, Georgia records. Said Deed to Secure Debt, given to secure a Promissory Note in the original amount of $1,750,000.00 with interest thereon as set forth therein, the undersigned will sell, at public outcry, to the highest bidder for cash, before the Courthouse door of Crisp County, Georgia, during the legal hours of sale, on the first Tuesday of July, 2015, the following described real property, to wit:All that certain 2.500 acre, more or less, tract or parcel of land situate lying and being part of Land Lot 246 of the 10th Land District, Crisp County, Georgia, identified as "2.500 ACRES" on Plat of Survey by J. B. Faircloth, Georgia Registered Land Surveyor No. 2120, dated January 20, 2009, and recorded in Plat Slide 82-R, Crisp County Records, such plat being incorporated herein by reference and being more particularly described as follows: Commence at the intersection of the East right-of-way line of Second Street with the North right-of-way line of Fifth Street Extension. Thence proceed East along the North right-of-way line of Fifth Street Extension a curved distance of 337.13 feet; thence proceed North 90 degrees 00 minutes 00 seconds East a distance of 182.05 feet along that same right-of-way line to a point and point of beginning. From this point of beginning, proceed North 00 degrees 01 minutes 35 seconds East a distance of 280 feet; thence proceed North 90 degrees 00 minutes 00 seconds East a distance of 388.93 feet; thence proceed South 00 degrees 01 minutes 35 seconds West a distance of 280 feet; thence proceed North 90 degrees 00 minutes 00 seconds West a distance of 388.93 feet along the North right-of-way line of Fifth Street Extension to the point of beginning.The indebtedness secured by said Deed to Secure Debt has been, and is hereby declared to be due and payable in full by reason of default under the provisions of said Deed to Secure Debt and the terms of the Agreement secured thereby, and sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness and interest thereon, attorney's fees and expenses of sale, and balance remaining shall be applied as provided in said Deed to Secure Debt. Notice has been given of intention to collect attorney's fees in accordance with the terms of the Promissory Note and the Deed to Secure Debt.To the best of the knowledge and belief of the Lender, said property will be sold as the property of Doctors Hospice of Floyd, LLC, and is subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 Deed to Secure Debt first set out above, including other Security Deeds. Doctors Hospice of Floyd, LLC was furnished with a copy of this Notice Of Sale Under Power In Deed To Secure Debt not less than thirty (30) days prior to the sale.The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: ABP Capital II, LLC, at 555 North Point Center East, Suite 125, Alpharetta, GA 30022, 678-222-2154. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Doctors Hospice of Floyd, LLC, or, a tenant or tenants, and said property is more commonly known as 1329 N. 5th Street Ext., Cordele, GA 31015. 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 Deed to Secure Debt. This 1st day of June, 2015ABP Capital II, LLC as attorney in fact for Doctors Hospice of Floyd, LLCMozley, Finlayson, and Loggins LLP555 North Point Center East, Suite 125Alpharetta Georgia 30022. 000895996/12,19,26;07/03/15