NOTICE OF SALE UNDER POWER IN SECURITY DEED
Because of a default in the payment of the indebtedness secured by a Commercial Construction Real Estate Deed To Secure Debt executed by PARTNERS RESOURCE, LLC to FIRST GEORGIA BANKING COMPANY dated April 8, 2009, and recorded in Deed Book 5404, Page 20, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, being last modified by Modification Agreement Security Deed dated July 30, 2010, and recorded in Deed Book 5507, Page 20, in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, and being last assigned to CERTUSBANK, NATIONAL ASSOCIATION by Assignment of Loan Documents dated April 5, 2012, securing a Commercial Promissory Note dated July 30, 2010 in the original principal amount of $3,054,770.72, the holder thereof pursuant to said Deed to Secure Debt and Promissory Note thereby secured has declared the entire amount of said indebtedness due and payable pursuant to the power of sale contained in said Deed To Secure Debt will on the first Tuesday of June, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for case, the property described in said Deed, to wit:
All that tract or parcel of land lying and being in Land Lot 332 in the 12th District and 3rd Section of Whitfield County, Georgia, and more particularly described as follows:
Beginning at the intersection of the west right of way line of Antioch Road (60 R/W) and the north right of way line of the Antioch Cut-Off (40 R/W); thence along the north line of Antioch Cut-Off the following courses and distances, to wit: north 66 degrees 17 minutes 29 seconds west, 64.24 feet; north72 degrees 38 minutes 55 seconds west, 32.31 feet; north 76 degrees 07 minutes 06 seconds west, 58.25 feet; north 75 degrees 32 minutes 45 seconds west, 62.10 feet; north 73 degrees 46 minutes 21 seconds west, 58.16 feet; north 70 degrees 18 minutes 25 seconds west, 62.72 feet to an iron pin; thence leaving Antioch Cut-Off north 12 degrees 43 minutes east 294.54 feet to an iron pin; thence north 88 degrees 47 minutes 54 seconds east 514.48 feet; thence north 88 degrees 47 minutes 54 seconds east 90.15 feet to an iron pin in the west line of Antioch Road; thence south 36 degrees 34 minutes 19 seconds west 227.81 feet; thence south 44 degrees 04 minutes 09 seconds west 305.32 feet to the point of beginning, according to survey by Allied Surveying, Inc. dated October 9, 2002.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said Security Deed.
Said property will be sold as the property of Partners Resource, LLC. The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Partners Resource, LLC, and the proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale, including attorney fees, all as provided in said Security Deed, and the balance, if any will be distributed as provided by law.
Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described Deed to Secure Debt is as follows: Tom Crawford of CertusBank, National Association, 100 Tom Reeve Drive, Carrollton, Georgia 30117, Telephone number (678) 839-6713. The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall be construed to require CertusBank, National Association to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CertusBank, National Association as Attorney-in-Fact for Partners Resource, LLC.
Shawn P. Horan, Esq.
Harrison & Horan, P.C.
3150 Golf Ridge Boulevard, Suite 101
Douglasville, Georgia 30135
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
05/11 05/18 05/25 06/01
STATE OF GEORGIA, COUNTY OF WHITFIELD