The Tifton Gazette
Tift County

NOTICE OF SALE GEORGIA, TIFT COUNTY.
Nov 09, 2012 | 234 views | email to a friend | print

NOTICE OF SALE

GEORGIA, TIFT COUNTY.



By virtue of a power of sale contained in that certain Deed to Secure Debt from DEVELOPMENT PROPERTIES OF TIFTON, LLC to TIFTON BANKING COMPANY, dated February 3, 2010, and recorded in Deed Book 1511, Page 299, et seq., in the Office of the Clerk of Superior Court of Tift County, Georgia, said Deed to Secure Debt having been subsequently assigned to AMERIS BANK, said Deed to Secure Debt having originally been given to secure that certain Promissory Note in the original principal amount of TWO MILLION and NO/100 DOLLARS ($2,000,000.00) of even date therewith, as well as all extensions, renewals and modifications thereof, together with any and all other indebtedness, of any type or description, then or thereafter owing by DEVELOPMENT PROPERTIES OF TIFTON, LLC AND BRYCO FUELING SOLUTIONS, LLC to AMERIS BANK, as assignee of TIFTON BANKING COMPANY, there will be sold by the undersigned, at public outcry, to the highest bidder for cash, before the courthouse door at Tifton, Tift County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, the following described property:



All that tract or parcel of land lying and being in the Land Lot 339 in the 6th Land District of Tift County, Georgia, containing 5.377 acres, more or less, described as follows: To obtain a beginning point, commence at the point of intersection of the north margin of Marshall Drive (50 R/W) with the west margin of Carpenter Road (100 R/W) and run south 89 degrees 10 minutes 20 seconds west 505.00 feet along the north margin of Marshall Drive to the point of beginning of the tract herein described; thence from such beginning point, run south 89 degrees 10 minutes 20 seconds west 395.00 feet along the north margin of Marshall Drive; thence run north 00 degrees 49 minutes 40 seconds west 500.00 feet; thence run north 89 degrees 10 minutes 20 seconds east 50.00 feet; thence run north 00 degrees 49 minutes 39 seconds west 148.85 feet; thence run north 82 degrees 35 minutes 28 seconds east 66.23 feet; thence run north 82 degrees 42 minutes 02 seconds east 199.59 feet; thence run north 89 degrees 05 minutes 59 second east 19.53 feet; thence run south 00 degrees 18 minutes 59 seconds west 150.28 feet; thence run south 87 degrees 28 minutes 09 seconds west 6.27 feet; thence run south 00 degrees 40 minutes 46 seconds east 39.12 feet; thence run north 89 degrees 07 minutes 34 seconds east 5.63 feet; thence run south 00 degrees 12 minutes 44 seconds west 137.98 feet; thence run north 88 degrees 19 minutes 24 seconds east 68.04 feet; thence run south 00 degrees 49 minutes 34 seconds east 353.60 feet to the point of beginning on the north margin of Marshall Drive. Such tract is shown upon a plat entitled Plat for BRYCO FUELING SOLUTIONS dated January 25, 2010, prepared by Hampton & Associates Surveying Co., said plat being recorded in Plat Book 40, page 157-B, public records, Tift County, Georgia, and incorporated herein by reference.



The indebtedness secured by the aforementioned Deed to Secure Debt has been and is hereby declared immediately due and payable in full because of the failure of DEVELOPMENT PROPERTIES OF TIFTON, LLC AND BRYCO FUELING SOLUTIONS, LLC to maintain payments upon said indebtedness owing to AMERIS BANK, as assignee of TIFTON BANKING COMPANY in accordance with its terms. Said indebtedness remaining in default, this sale shall be made for the purpose of paying such indebtedness, as well as all expenses of this sale, including attorneys fees.



The above-described property will be sold as the property of DEVELOPMENT PROPERTIES OF TIFTON, LLC and will be sold subject to the following items which may affect the title to said property: all zoning and subdivision ordinances and/or regulations; matters which would be disclosed by an accurate survey or an inspection of the property; all real property ad valorem taxes or assessments, which may constitute liens upon said property; all liens which, under applicable law, would take priority over the Deed to Secure Debt described above; and all easements, restrictions, rights-of-way, security deeds or other encumbrances of record which have priority over the referenced Deed to Secure Debt.



To the best of the knowledge and belief of the undersigned, the parties presently in possession of said property are DEVELOPMENT PROPERTIES OF TIFTON, LLC, BRYCO FUELING SOLUTIONS, LLC and/or a tenant or tenants.



THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.



AMERIS BANK, as assignee of TIFTON BANKING COMPANY, as Attorney-in-Fact for DEVELOPMENT PROPERTIES OF TIFTON, LLC

MOORE, CLARKE, DuVALL & RODGERS, P.C.

/s/ D. BRADLEY FOLSOM

Attorneys for AMERIS BANK, as assignee of TIFTON BANKING COMPANY

2805 North Oak Street, Suite A

Valdosta, Georgia 31602

(229) 245-7823



00042175

PUBLICATION DATES: November 10th, 17th, 24th & December 1st, 2012.