NOTICE OF SALE UNDER POWER
By virtue of the powers of sale contained in that certain Deed to Secure Debt from Eastville Development Corp. to Gainesville Bank & Trust, predecessor in interest to SunTrust Bank, dated November 19, 2003, recorded December 10, 2003, in Deed Book 717 at Page 542, Oconee County, Georgia Records, as modified (hereinafter ecurity Deed , given to secure an indebtedness as evidenced in that certain Promissory Note dated March 10, 2008 (hereinafter ote , with interest from said date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Oconee County, Georgia, within the legal hours of sale on the first Tuesday in February, 2013, the property described in Exhibit attached hereto and incorporated herein by reference. The Note secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note and default in payment of the Note secured by the Security Deed. The Note remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys' fees.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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, easements, covenants, and matters of record superior to the Security Deed first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
Please note that SunTrust Bank is the entity that has full authority to negotiate, amend, and modify all terms of the Note and Security Deed, and that SunTrust Bank can be contacted through the following representative:
Neal J. Quirk, Esq.
6000 Lake Forrest Drive, Suite 300
Atlanta, Georgia 30328
To the best knowledge and belief of the undersigned, the Party in possession of the property is Eastville Development Corp., its heirs or assigns, or a tenant or tenants, and all or a portion of said real property is more commonly known as certain lots in Brookhaven Subdivision, Oconee County, Georgia; however, please rely only on the legal description contained in this Notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion.
SunTrust Bank, Successor In Interest to Gainesville Bank & Trust
Attorney in Fact for
Eastville Development Corp.
NEAL J. QUIRK, ESQ.
QUIRK & QUIRK, LLC
300 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
EXHIBIT LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 239th GMD of Oconee County, Georgia, containing 91.129 acres and shown as ract 1- Eastville Development Corp. on that certain plat of survey certified by Ben McElroy, GRS 1184, dated August 18, 1999, and revised May 29, 2001, and recorded in Plat Book 32, Page 189, Oconee County, Georgia Deed Records; which plat and the recording thereof are incorporated herein by this reference.
LESS AND EXCEPT:
All those tracts or parcels of land lying and being in the 239th G.M.D. of Oconee County, Georgia, and being property shown that plat of survey entitled inal Plat-Brookhaven Subdivision- Phase One dated May 17, 2006, prepared by Dills-Jones & Associates, Inc. and certified by Gerald T. Batchelor, G.R.S. No. 2238, said plat recorded in Plat Book 36, pages 269-272, Oconee County, Georgia records, which plat of survey is incorporated herein by reference.
That parcel identified as uture development recorded at Plat Book 36, Pages 269-272, Oconee County, Georgia Records.