AgGEORGIA FARM CREDIT
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF HABERSHAM
Under and by virtue of the power of sale contained in a Deed to Secure Debt given by Ste-Fam Farms, Incorporated to AgGeorgia Farm Credit, ACA dated March 3, 2009 and filed and recorded March 9, 2009, in Deed Book 878, Pages 1048-1055, Habersham County, Georgia, Superior Court Clerk Office Deed records conveying the after described property to secure a note with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door in Habersham County, Georgia, within the legal hours of sale upon the first Tuesday in December, 2012 (December 4, 2012) and continuing from day to day until sold, the following described property, to-wit:
All that tract or parcel of land together with improvements thereon lying and being in Land Lots 88 and 89 of the 12th Land District, Habersham County, Georgia, containing 14.20 acres, more or less, as shown on plat of survey by Jeff Weshner, RS, dated December 16, 2008 attached hereto as Exhibit and incorporated herein. Said property is part of property shown on plat of survey by Jeff Weshner, RS, dated December 23, 1996 recorded in Plat Book 41, page 82, in the office of the Clerk of Superior Court of Habersham County, Georgia, said plat being incorporated herein for a more full and complete description of the property.
Also conveyed are any and all easement rights held by Grantors to public road access, ingress and egress to and from property described herein.
Also conveyed is a non-exclusive ingress and egress easement over through and across Caribou Lane as shown on the above referenced plat of survey.
Subject to other restrictions, reservations, easements and rights-of-way of record, if any.
Being a portion of the same property conveyed to JAY BRIAN STEPHENS and SARAH L. STEPHENS by virtue of a Limited Warranty Deed from Regions Bank, dated December 22, 2005, recorded in Deed Book 735, page 488.
Including any and all structures or improvements thereon.
The debt secured by said Deed to Secure Debt is evidenced by a Fixed Rate Note dated March 3, 2009, in the original principal amount of Three Hundred Five Thousand Dollars and No Cents ($305,000.00) executed by Ste-Fam Farms, Incorporated in favor of AgGeorgia Farm Credit, ACA, as modified by Note Modification Agreement dated April 1, 2011 in the original principal amount of Two Hundred Eighty-One Thousand Four Hundred Twenty-Three Dollars and 94 Cents ($281,423.94) executed by Ste-Fam Farms, Incorporated in favor of AgGeorgia Farm Credit, ACA, and as further as modified by Fixed Rate Renewal Note dated August 25, 2011 in the original principal amount of Two Hundred Seventy-One Thousand One Hundred Eight Dollars and 35 Cents ($271,108.35) executed by Ste-Fam Farms, Incorporated in favor of AgGeorgia Farm Credit, ACA. The debt secured by the Deed to Secure Debt and evidenced by the Fixed Rate Note and its Modifications and/or Renewals is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Fixed Rate Note and Deed to Secure Debt. The debt remains in default and this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney fees (notice of intent to collect attorney fees having been given).
The property will be sold as the property of Ste-Fam Farms, Incorporated. To the best of knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 223 Caribou Lane, Clarkesville, Georgia 30523 is Ste-Fam Farms, Incorporated, and or its tenant, or present occupant.
Also in accordance with O.C.G.A. 11-9-610, and pursuant to a UCC Financing Statement fixture filing filed and recorded March 9, 2009 in Deed Book 878, Pages 1056-1058, Habersham County, Georgia, Superior Court Clerk Office Deed Records conveying the after-described fixtures and equipment to secure the above-referenced Note with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door in Habersham County, Georgia within the legal hours of sale upon the first Tuesday in December, 2012 (December 4, 2012) and continuing from day to day until sold in conjunction with the above-described real property, the following equipment, improvements, and fixtures included in the aforementioned structures or improvements made up of poultry houses. Such houses bearing the following equipment and fixtures:
18-48 tunnel fans, 12-36 exhaust fans original, some motors have been replaced, 3 Hired Hand 16 stage controllers, 3 static pressure machines, 72 metal baffles, 3 cool pad systems complete, 3 fogger systems complete, 12 circulation fans, Hired Hand alarm radio and computer controlled, 12 lines Ziggity drinkers, 6 lines CT feeders some motors and augers have been replaced, 6-14.7 ton feed bins complete with fill system, 9 Hired Hand furnaces, 3 half house brood curtains, Agri system alarm, inside and outside tunnel curtains, 3 tunnel curtain machines, generator.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Ste-Fam Farms, Incorporated has been notified in accordance with Georgia Law that attorney fees will be collected for the default in payment of said Fixed Rate Note, and has been further notified in accordance with O.C.G.A. 44-14-162 through 44-14-162.4, as well as O.C.G.A. 11-9-611, that foreclosure proceedings have been instigated against this property and the structures, improvements, fixtures, and equipment by sending a copy of the legal advertisement prior to 30 days before the date of sale, by certified mail to the property address or such other address as Ste-Fam Farms, Incorporated may designate by written notice to the secured creditor. The person who shall have full authority to negotiate, amend, and modify all terms of the Deed to Secure Debt with Ste-Fam Farms, Incorporated, and/or the UCC Financing Statement Fixture Filing, together with their telephone number is as follows: AgGeorgia Farm Credit, ACA, 468 Perry Parkway, PO Box 1820, Perry, Georgia 31069-1820; (478) 987-8300.
The property will be sold as the property of the makers of said Deed to Secure Debt and/or the UCC Financing Statement Fixture Filing or their assigns, in bar of all equity or redemption, and will divest all of the right, title and interest of the makers thereof, or their assigns, in and to said property, and shall invest such title in the purchaser.
The proceeds of said sale will be used first to the payment of expenses of said sale, including those attorney fees provided by said Deed to Secure Debt and/or that Note secured thereby; the payment of said Fixed Rate Note, principal and interest; and the balance, if any, will be distributed as provided by law.
THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AgGeorgia Farm Credit, ACA
Attorney in Fact for Ste-Fam Farms, Incorporated
Acting Pursuant To Powers
Contained In Said Deed To Secure Debt
By: R. Shane Lazenby
Forrester & Brim
PO Box 1688
Gainesville, Georgia 30503
Print: November 7, 2012; November 14, 2012; November 21, 2012; November 28, 2012.