The Brunswick News
Glynn County

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GLYNN
Nov 10, 2012 | 196 views | email to a friend | print

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GLYNN By virtue of the power of sale contained in that certain Deed to Secure Debt (With Future Advance Clause) from WILLIAM J. HARDMAN, III, an individual (the rantor to OGLETHORPE BANK ( riginal Grantee , dated November 30, 2007, recorded December 3, 2007, in Deed Book 2346, Page 46, Glynn County, Georgia Superior Court Records, as assigned to Bank of the Ozarks by that certain Assignment recorded October 31, 2011 in Deed Book 2920, Page 477, aforesaid records (said Deed to Secure Debt (With Future Advance Clause) as may have been modified and assigned from time to time, hereinafter referred to collectively as the ecurity Deed , said Security Deed being given to secure the payment of a Universal Note dated November 30, 2007, made by Grantor, to the order of Original Grantee in the principal amount SIX HUNDRED FIFTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS ($658,750.00), (said Universal Note, as may have been further renewed, modified and assigned from time to time, hereinafter referred to collectively as the ote , the Federal Deposit Insurance Corporation having been appointed Receiver for Oglethorpe Bank and said Note and Security Deed having been assigned by the Federal Deposit Insurance Corporation, as Receiver for Oglethorpe Bank, to BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO AND ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR OGLETHORPE BANK ( rantee , together with all other amounts payable by Grantor to Grantee, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Glynn County, Georgia, within the legal hours of sale on the first Tuesday of December, 2012 the following described property: All that tract or parcel of land lying, situate and being on St. Simons Island, Glynn County, Georgia and being UNIT FOUR HUNDRED FOUR (404) OF 760 OCEAN BOULEVARD, A CONDOMINIUM HOTEL, as shown on that certain location plat by Joseph C. Keaton, Jr., G.R.L.S. NO. 2233, dated July 8, 2005, and recorded in Cabinet 1, Plat 132B, in the Clerk Office of Glynn Superior Court, Glynn County, Georgia. The Unit is part of the property described in Exhibit to the Declaration of Condominium for 760 Ocean Boulevard, a Condominium Hotel, dated July 25, 2005, and recorded in Deed Book 1727, Page 455, et. seq., aforesaid records, as amended from time to time. The Unit includes an undivided five percent (5.00%) interest in the Common Elements of 760 Ocean Boulevard, a Condominium Hotel (as such Common Elements are defined in said Declaration) together with all of the rights, title, interest of Grantor in said Unit and the appurtenances thereto under said Declaration. The above described location plat, the Declaration of Condominium and any recorded amendments hereto are incorporated herein by reference and made a part hereof. This being the same real property conveyed in that certain Quitclaim Deed in Lieu of Foreclosure, dated September 29, 2007, from Lowell R. Kaul, as Trustee of Steel Provision, Inc. 401(K) Profit Sharing Plan, dated July 12, 2006 to Oglethorpe Bank, recorded in Deed Book 2315, Page 192, aforesaid records. PARCEL #04-13046. 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 improvements, structures, fixtures, and replacements that may be part of the real estate described above (all collectively referred to as the roperty . The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed including, but not limited, to the failure to make payments thereunder when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys fees as provided in the Note and Security Deed, 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. Grantee reserves the right to sell the Property in one parcel and as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of Grantee knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor. Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights-of-way, easements, encumbrances and other matters 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 Grantee. BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO AND ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR OGLETHORPE BANK, ATTORNEY-IN-FACT FOR WILLIAM J. HARDMAN, III. Taylor English Duma LLP 1600 Parkwood Circle, Suite 400 Atlanta, Georgia 30339 Attn: Marc D. Glenn, Esq. (678) 336-7175