NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF GREENE
Under and by virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt from David Stewart ( Grantor ), to and in favor of State Bank & Trust Company, a Georgia banking corporation, as assignee from the Federal Deposit Insurance Corporation as Receiver for Piedmont Community Bank ( Lender ), dated as of June 8, 2011, filed for record August 18, 2011, and recorded in Deed Book 1030, Page 198, Greene County, Georgia records (the Security Deed ), as last assigned to Lender by that certain Assignment of Loan Documents to be recorded securing that certain Universal Note and Security Agreement from Dean Edwards, LLC, a Georgia limited liability company ( Borrower ), to and in favor of Lender dated June 8, 2011, in the original principal amount of ONE MILLION EIGHTY SEVEN THOUSAND TWO HUNDRED EIGHTY-SIX AND 89/100 DOLLARS ($1,087,286.89) (the Note ); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Greene County, Georgia, on the first Tuesday in August, 2012, the following described land, buildings, improvements, fixtures, furniture and appliances and other personal property (hereinafter collectively referred to as the Premises ) to wit:
A.ALL THAT CERTAIN LOT OR PARCEL OF LAND LYING AND BEING IN THE 161ST DISTRICT, G.M. OF GREENE COUNTY, GEORGIA, WITHIN REYNOLDS PLANTATION, BEING KNOWN AND DESIGNATED AS LOT 4, CONTAINING 1.07 ACRES, MORE OR LESS, AND HAVING SUCH SHAPE, COURSES, METES AND DISTANCES AS WILL MORE FULLY APPEAR BY REFERENCE TO THAT CERTAIN PLAT OF SURVEY OF REYNOLDS PLANTATION, PHASE I, SECTION 2, CEDAR RIDGE, PREPARED BY OGLETREE, SMITH & ASSOCIATES, CERTIFIED BY JAMES E. SMITH, JR., REGISTERED SURVEYOR NO. 1895, DATED MAY 6, 1987, RECORDED IN PLAT BOOK 15, PAGES 25-34, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GREENE COUNTY, GEORGIA, WHICH SAID PLAT AND THE RECORD THEREOF ARE INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. DEED REFERENCE: DEED BOOK 877, PAGE 332. MAP AND PARCEL NO. 058A000410; AND B.TOGETHER WITH ALL RIGHTS, EASEMENTS, APPURTENANCES, ROYALTIES, MINERAL RIGHTS, OIL AND GAS RIGHTS, CROPS, TIMBER, ALL DIVERSION PAYMENTS OR THIRD PARTY PAYMENTS MADE TO CROP PRODUCERS, ALL WATER AND RIPARIAN RIGHTS, WELLS, DITCHES, RESERVOIRS, AND WATER STOCK AND ALL EXISTING AND FUTURE IMPROVEMENTS, STRUCTURES, FIXTURES, AND REPLACEMENTS THAT MAY NOW, OR AT ANY TIME IN THE FUTURE, BE PART OF THE REAL ESTATE DESCRIBED ABOVE. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. The Premises will be sold on an as is, where is basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto. The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys fees (notice of intention to collect attorneys fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises. To the best of the undersigned s knowledge and belief, the owner of the Premises is the Grantor, and the party or parties in possession of the Premises are the Grantor or tenants of the Grantor. STATE BANK & TRUST COMPANY
as Attorney-in-Fact for
David Stewart
Bryan S. Gershkowitz, Esq.
McCalla Raymer, LLC
Six Concourse Parkway, Suite 3200
Atlanta, Georgia 30328
(678) 281-6531
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