NOTICE OF SALE UNDER POWER
County of Lumpkin, State of Georgia
Under and by virtue of the power of sale contained in a Real Estate Deed to Secure Debt from READ RESIDENTIAL, LLC to CHESTATEE STATE BANK, dated June 16, 2009, filed and recorded on July 10, 2009 in Deed Book 1136, Page 698, Lumpkin County, Georgia Records; last modified by agreement recorded in Deed Book 1166, Page 153, Lumpkin County Records; and transferred and assigned by Master Assignment dated February 4, 2011 from the Federal Deposit Insurance Corporation ( FDIC ), as Receiver of CHESTATEE STATE BANK, to BANK OF THE OZARKS, recorded in Deed Book 1181, Page 305, Lumpkin County, Georgia Records; said Deed to Secure Debt, as modified and assigned, given to secure, among other things, a note from READ RESIDENTIAL, LLC to CHESTATEE STATE BANK in the original principal amount of One Hundred and Eighty-Seven Thousand Dollars ($187,000.00), with interest from said date on the unpaid balance until paid, said note having been transferred and assigned by the FDIC, as Receiver of CHESTATEE STATE BANK, to BANK OF THE OZARKS, as successor in interest to and assignee of the FDIC, as Receiver of CHESTATEE STATE BANK; there will be sold by the undersigned (as current holder of said Deed to Secure Debt and the note secured thereby) at public outcry to the highest bidder for cash before the Courthouse door at Lumpkin County, Georgia, within the legal hours of sale on the first Tuesday in March, 2013, the following described property:
All that tract or parcel of land situate, lying and being in Land Lots 313, 314 and 318 of the 12th Land District, Lumpkin County, Georgia, being Lot 78 of Castleberry Ridge Subdivision, as shown on a plat of survey for Castleberry Ridge Subdivision, Unit One, prepared by David L. Ringo, Sr., GRLS No. 2250, dated December 11, 2005, and recorded in Plat Cabinet 1, Slide 128, Pages 147A, 147B, 148, 149, 150 and 151 of the Lumpkin County, Georgia records, which said plat and is incorporated herein by reference for a more complete description.
The debt secured by said Real Estate Deed to Secure Debt has been and 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 note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Real Estate Deed to Secure Debt and by law, including attorney s fees (notice of intent to collect attorney s fees having been given).
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, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Real Estate Deed to Secure Debt first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is READ RESIDENTIAL, LLC or a tenant or tenants.
BANK OF THE OZARKS, as successor in interest to, and assignee of, the Federal Deposit Insurance Corporation, as Receiver of CHESTATEE STATE BANK, as attorney in fact for READ RESIDENTIAL, LLC
Robert A. Weber, Jr.
The Weber Firm, LLC
P.O. Box 74, Gainesville, Georgia 30503