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Henry County

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HENRY
Dec 14, 2012 | 51 views | email to a friend | print

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HENRY Because of a default in the payment of indebtedness secured by Security Deed given by Whitmore Homes & Amenities, LLC ( Original Grantor ) to High Trust Bank, successor to Southern Horizon Bank, dated April 30, 2007, and recorded on May 3, 2007, in Deed Book 10166, Page 49, Henry County, Georgia records, as modified by that certain Modification of Security Deed executed by Killearn Partners, Inc. ( Subsequent Grantor via that certain Warranty Deed dated April 7, 2008, recorded on April 17, 2008, in Deed Book 10826, Page 350, Henry County, Georgia records, (from Original Grantor to Subsequent Grantor)) and High Trust Bank, dated April 30, 2008, recorded on May 23, 2008, in Deed Book 10884, Page 135, Henry County, Georgia records, as transferred and assigned by High Trust Bank to The First State Bank via that certain Transfer and Assignment dated June 5, 2009, recorded on June 15, 2009, in Deed Book 11364, Page 307, Henry County, Georgia records, as affected by that Cross-Collateralization Agreement among Killearn Partners, Inc., Killearn Properties Inc. of GA, (collectively, the Borrowers ) and The First State Bank, dated as of July 17, 2009, and recorded on August 11, 2009, in Deed Book 11443, Page 191, Henry County, Georgia records (said Security Deed, as may have been modified and assigned from time to time, hereinafter referred to collectively as the Security Deed ), as assigned by the Federal Deposit Insurance Corporation as Receiver for The First State Bank to Hamilton State Bank by that certain Assignment of Loan Documents, effective as of January 20, 2012, to be recorded in the Henry County, Georgia records, said Security Deed being given to secure the payment of a Promissory Note dated April 30, 2008, made by Subsequent Grantor to the order of High Trust Bank, in the original principal amount of $161,250.00, with interest from the date thereof at the rate specified therein (said Promissory Note, as may have been modified, renewed, or assigned from time to time, hereinafter referred to collectively as the Note , also which was assigned by High Trust Bank to The First State Bank via that certain Transfer and Assignment Agreement dated June 5, 2009, recorded on June 15, 2009, at Deed Book 11364, Page 307, Henry County, Georgia records, and which was subsequently assigned by the Federal Deposit Insurance Corporation as Receiver for The First State Bank to Hamilton State Bank), the holder thereof pursuant to said Security Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Security Deed, will on Wednesday, January 2, 2013, during the legal hours of sale, before the Courthouse door at Henry County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Security Deed, to-wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 30 OF THE 7TH DISTRICT OF HENRY COUNTY, GEORGIA, AND BEING LOT 30, BLOCK F, THE SUMMIT AT EAGLE'S LANDING, UNIT 3, PHASE 2, PER PLAT RECORD AT PLAT BOOK 38, PAGES 183-186, HENRY COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF (hereinafter, collectively referred to as the Property ), together with all fixtures or other improvements situated thereon and all rights, titles and interests appurtenant thereto. The indebtedness as shown in the Note and secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, the failure to make payments thereunder when due. The indebtedness remaining in default, the sale will be made pursuant to the Power of Sale provided in the Security Deed for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest, 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. To the best of undersigned's knowledge and belief, the parties in possession of the Property are Subsequent Grantor and/or tenants of Subsequent Grantor or other persons in possession with the consent or acquiescence of Subsequent Grantor. All notices required under the Note, Security Deed, and Georgia law having been made as of this date or to be made. The above-referenced Property was not to be used as a dwelling place by Subsequent Grantor at the time of entry of the Security Deed. Said Property 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. Said Property will be subject to any matters which might be disclosed by an accurate survey and inspection of the property. Said Property will be sold subject to any and all unpaid taxes or assessments relating to the Property, and all liens, encumbrances, easements and other matters of record to which the Security Deed is junior and inferior in terms of priority, including senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice. HAMILTON STATE BANK, ATTORNEY-IN-FACT FOR KILLEARN PARTNERS, INC. Walter E. Jones, Esq. Balch & Bingham LLP 30 Ivan Allen Jr. Blvd., NW Suite 700 Atlanta, Georgia 30308 Telephone: (404) 962-3540 Attorney for Hamilton State Bank *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12:7, 14, 21, 28. Dec-7,14,21,28,2012-H281237