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CREATIVE SOURCE PROPERTIES, LLC NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HABERSHAM
Nov 14, 2012 | 185 views | email to a friend | print

CREATIVE SOURCE PROPERTIES, LLC

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF HABERSHAM

By virtue of the Power of Sale contained in the Real Estate Deed to Secure Debt (With Future Advance Clause) dated June 6, 2008, from CREATIVE SOURCE PROPERTIES, LLC, ( ebtor to COMMUNITY BANK & TRUST ( riginal Lender and recorded in Deed Book 852, Pages 225-226, HABERSHAM County, Georgia records, as assigned to ADC VENTURE 2011-2, LLC, pursuant to that certain Assignment of Real Estate Deed to Secure Debt recorded March 19, 2012, in Deed Book 983, Pages 181-184, HABERSHAM County, Georgia deed records which was further assigned to CAL ROCK CREST, LLC( older pursuant to that certain Assignment of Real Estate Deed to Secure Debt dated October 12, 2012, recorded in Deed Book 1004, Pages 911-914, HABERSHAM County, Georgia records, (as said Deed to Secure Debt from time to time may have been or may be assigned, assumed, modified, amended, or amended and restated is hereinafter referred to as the ecurity Deed , said Security Deed being given to secure a note dated June 6, 2008 in the amount of FOUR HUNDRED FIFTY ONE THOUSAND SEVEN HUNDRED FORTY SEVEN AND No/100 Dollars ($451,747.00) (said note, as same from time to time may have been endorsed, renewed, replaced, modified, assigned, amended, or amended and restated, being hereinafter referred to as the ote ; together with any and all indebtedness owing by Debtor to Holder, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in HABERSHAM County, Georgia, within the legal hours of sale on the first Tuesday in DECEMBER, 2012, all of Debtor right, title and interest in and to the following described property (collectively, the roperty :

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 197 OF THE 10TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, DESIGNATED AS LOT 2, CONTAINING 0.50 ACRES, MORE OR LESS; LOT 10, CONTAINING 1.13 ACRES, MORE OR LESS; LOT 13, CONTAINING 0.60 ACRES, MORE OR LESS; LOT 15, CONTAINING 0.51 ACRES, MORE OR LESS; AND LOT 16, CONTAINING 0.51 ACRES, MORE OR LESS; OF THE ROCK CREST TERRACE SUBDIVISION, AS SHOWN ON A PLAT OF SURVEY PREPARED BY JEFF WESHNER, R.S., UNDER DATE OF SEPTEMBER 9, 2003, A COPY OF SAID PLAT BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 54, PAGES 216-218, TO WHICH SAID PLAT AND THE RECORD THEREOF REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS VIA THE COURSE OF EXISTING SUBDIVISION ROADS SHOWN ON THE PLAT REFERRED TO ABOVE.

ALSO ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 197 OF THE 10TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, DESIGNATED AS LOT 11 OF THE ROCK CREST TERRACE SUBDIVISION, CONTAINING 0.52 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY PREPARED BY JEFF WESHNER, R.S., UNDER DATE OF SEPTEMBER 9, 2003, A COPY OF SAID PLAT BEING OF RECORD IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 54, PAGES 216-218, TO WHICH SAID PLAT AND THE RECORD THEREOF REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS VIA THE COURSE OF EXISTING SUBDIVISION ROADS SHOWN ON THE PLAT REFERRED TO ABOVE.

The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of the Note and the Security Deed, including but not limited to, the nonpayment of principal and interest when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys fees as provided in the Note and Security Deed, notice of intention to collect attorneys fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. To the best of Holder knowledge, the party in possession of the Property is Debtor. The Property will be sold as the property of Debtor subject to all unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights-of-way, and easements of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to by the grantee therein.

The entity that has full authority to negotiate, amend, and modify all the terms of the Security Deed with Grantor is the secured creditor: ACORN 6A CAL ROCK CREST, LLC, c/o Sabal Financial Group, L.P., 465 North Halstead Street, Suite 130, Pasadena, California 91107, telephone number 949-517-0801. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.

CAL ROCK CREST, LLC

a Georgia limited liability company

as attorney-in-fact for

CREATIVE SOURCE PROPERTIES, LLC

PERRIE & ASSOCIATES, LLC

100 Galleria Parkway, Suite 1170

Atlanta, Georgia 30339

(770) 579-2700

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT OR ENFORCE THE TERMS AND CONDITIONS OF THE SECURITY DEED AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

4C-11-28-2012