ADVERTISEMENT OF SALE UNDER POWER OF SALE IN DEED TO SECURE DEBT STATE OF GEORGIA, COUNTY OF ELBERT
ADVERTISEMENT OF SALE UNDER POWER OF SALE IN DEED TO SECURE DEBT
STATE OF GEORGIA, COUNTY OF ELBERT
Under and by virtue of the powers contained in that certain Deed to Secure Debt, executed by Kevin Long and Jennifer Long (collectively referred to as rantors to Pinnacle Bank ( rantee , dated September 21, 2008, which deed is recorded in Deed Book 427, at Pages 211-214, in the Office of the Clerk of the Superior Court of Elbert County, Georgia, subsequently re-recorded in Deed Book 511, at Pages 11-15, in said Clerk Office; as modified by that certain Modification of Deed to Secure Debt between Grantors and Grantee, dated November 28, 2008, recorded in Deed Book 477, at Pages 376-378, in said Clerk Office; as further modified by that certain Modification of Deed to Secure Debt between Grantors and Grantee, dated January 13, 2010, recorded in Deed Book 498, at Pages 413-415, in said Clerk Office; as further modified by that certain Modification of Deed to Secure Debt between Grantors and Grantee, dated October 1, 2010, recorded in Deed Book 511, at Pages 16-18, in said Clerk Office; as further modified by that certain Modification of Deed to Secure Debt between Kevin S. Long and Grantee, dated September 26, 2011, recorded in Deed Book 524, at Pages 500-502, in said Clerk Office (collectively referred to as the ecurity Deed ; which Security Deed secures that certain Universal Note, dated September 26, 2011, executed by Kevin S. Long, payable to the order of Grantee, in the original principal amount of $161,290.43 (the ote , with interest from the date thereof at the rate specified in the Note, together with any other indebtedness owing by Grantors to Grantee, there will be sold at auction at public outcry to the highest bidder for cash at the appointed place for conducting public sales in Elbert County, Georgia (the front door of the Elbert County Courthouse), by the undersigned, acting as Attorney-in-Fact for the said Kevin S. Long, between the hours of 10:00 a.m. and 4:00 p.m. on the first Wednesday in January, 2013, to-wit: January 2, 2013, the following described land, buildings, improvements, fixtures, appurtenances, easements and rights (collectively, the roperty , to-wit:
All that tract or parcel of land, with improvements thereon, situate, lying and being in the City of Elberton, Elbert County, Georgia, known as 190 S. McIntosh Street; said property being described more particularly in plat of survey by R.W. Cleveland, C.S.E.C., dated March 27, 1899, recorded in Deed Book SS, Page 79, Elbert County, Georgia Records, said plat being incorporated herein by reference.
Less and except from said survey: (1) a parcel as described in plat of survey by A.P. Stevens Jr., R.S. dated October 21, 1968, and recorded in Plat Book 9, Page 291; and (2) a parcel as described in plat of survey by C.M. Rucker, R.S., dated June 9, 1992, recorded in Plat Book 16, Page 640, Elbert County, Georgia Records, which plats are by reference made a part of this description.
Default has occurred under the Security Deed and continues by reason of the non-payment, when due, of the indebtedness evidenced by the Note, in accordance with the terms thereof, and by reason of Grantors failure to perform other terms, covenants and conditions contained in the Security Deed. By reason of such defaults, the Grantee being the present holder of the Security Deed and of the Note and of all other obligations secured by the Security Deed, the debt secured by the Security Deed has been, and is hereby, declared due and the Security Deed has become, is, and is hereby declared to be, foreclosable in accordance with its terms. The debt and the Security Deed remaining in default, this sale will be made for the purpose of applying the proceeds thereof, as provided for in the Security Deed and pursuant to applicable law, first to payment of the indebtedness secured by the Security Deed, accrued interest thereon, late charges, expenses of the sale and all proceedings in connection therewith, including attorney fees (notice of intent to collect attorney fees having given pursuant to O.C.G.A. 13-1-11), and the remainder, if any, shall be paid to the Grantors or to the party or parties entitled thereto as provided by law.
Notice to Kevin S. Long, the debtor, pursuant to O.C.G.A. 44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Deed was given by letter dated November 5, 2012.
The Property will be sold on an s is, where is basis without recourse against the undersigned and without representation or warranty of any kind or nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the Property. The Property will be sold as the property of the Grantors, subject to the following: (i) all unpaid taxes and assessments, if any, including, but not limited to, unpaid real property taxes and assessments for 2012 and subsequent years; (ii) such matters as would be revealed by an accurate survey and inspection of the Property; (iii) rights of tenants, if any, in possession of the Property or any portion thereof; (iv) all valid zoning ordinances; (v) all other deeds to secure debt, liens and other encumbrances, if any, to which the Security Deed is inferior in terms of priority; and (vi) all other restrictions, limitations, reservations, covenants, easements, rights-of-way, and other matters, if any, of record to which the Security Deed is inferior in terms of priority.
Said power will be exercised, and said land will be sold as the property of Grantors, by the undersigned as Attorney-in-Fact for Grantors. To the best of the knowledge and belief of Grantee, the Property is presently owned by Kevin S. Long, and is in the possession of Kevin S. Long.
This 7th day of November, 2012.
Pinnacle Bank, Attorney-in-Fact for Kevin S. Long
ROBERT F. LEVERETT, LLC
25 Thomas Street, P. O. Drawer 399, Elberton, Georgia 30635-0399
TEL: 706-283-2651, FAX: 706-283-2670
The Law Firm is attempting to collect the debt described in this advertisement, and any information obtained will be used for that purpose.