NOTICE OF SALE UNDER POWER
County of Lumpkin, State of Georgia
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt executed by Barry Steven Grant ( Grantor ) in favor of Main Street Bank ( Lender ), dated September 28, 2005, filed of record on October 4, 2005, and recorded in Deed Book Q36, Page 13, in the Office of the Clerk of the Superior Court of Lumpkin County, Georgia (the Security Deed ), as modified by Modification of Deed to Secure Debt dated November 29, 2005, filed of record on January 13, 2006, and recorded in Deed Book E37, page 173, aforesaid records, as further modified by Modification Agreement dated October 5, 2008, filed of record on October 23, 2008, and recorded in Deed Book 1111, page 446, aforesaid records, as further modified by Third Modification to Security Deed dated December 23, 2008, filed of record on January 6, 2009, and recorded in Deed Book 1117, page 33, aforesaid records, as assigned to German American Capital Corporation ( Holder ) by Branch Banking and Trust Company, a North Carolina banking corporation, successor by merger to Main Street Bank, by virtue of that certain Assignment of Security Instruments, effective as of March 29, 2011, filed of record on October 18, 2011, and recorded in Deed Book 1196, Page 586, aforesaid records, the Security Deed being given to secure the obligations of Grantor to Lender, including, without limitation, the obligations evidenced by a Note from Grantor dated September 28, 2005 in the original principal amount of $1,400,000.00, with interest from the date thereof at the rate specified therein, payable to the order of Lender and subsequently assigned to Holder (as the same may have been amended, extended, supplemented, or modified from time to time, hereinafter referred to as the Note ), the Holder (or its successor or assign) will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Lumpkin County, Georgia, on the first Tuesday in March, 2013 (March 5, 2013) between the legal hours of sale, all or parts of the property more particularly described as follows (the Property ):
ALL THAT TRACT or parcel of land lying 2nd being in Land Lot 264 of the 15th District, 1st Section, Lumpkin County, Georgia and being more particularly shown as Tract A 4.047 Acres on that certain Plat of Survey for Barry Grant recorded in Cabinet 1, Slide 111, Plat 19, Lumpkin County, Georgia Records.
ALL THAT TRACT or parcel of land lying and being in Land Lot 264 of the 15th District, 1st Section, Lumpkin County, Georgia and being more particularly shown as Tract C 0.069 Acres on that certain Plat of Survey for Barry Grant recorded in Cabinet 1, Slide 111, Plat 19, Lumpkin County, Georgia Records.
The indebtedness secured by the Security Deed has been and is hereby declared due and payable because of default under the terms of the Security Deed and the Note including, but not limited to, failure to make payment of the entire unpaid principal balance of the Note and all accrued and unpaid interest thereon due and payable on the maturity date of the Note. The indebtedness remaining in default, this sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed and the Note, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed and the Note, 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.
The Property will be sold as the property of Grantor. To the undersigned s best knowledge and information, Grantor is the party in possession of the Property.
The Property will be sold as is , without express or implied warranties of any kind, subject to (a) all unpaid real and personal property ad valorem taxes and governmental assessments, and (b) all prior restrictions, rights of way, and assessments 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 of record by Lender or Holder, as applicable.
By: Situs Holdings, LLC, solely in its capacity as Special Servicer for German American Capital Corporation, Holder of the Note and Security Deed and the Attorney in Fact for Grantor: c/o Ashley S. Thompson (GA Bar No. 100109), Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Suite 1600, Monarch Plaza, 3414 Peachtree Road, N.E., Atlanta, GA 30326; (404/577-6000).