NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF PICKENS
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt (With Future Advance Clause) from H & S FAMILY GROUP, LLC, a Georgia limited liability company ( rantor to UNITY NATIONAL BANK ( riginal Grantee , dated October 3, 2007, recorded October 10, 2007, in Deed Book 795, Page 93, Pickens County, Georgia Superior Court Records, as re-recorded on March 31, 2008, in Deed Book 816, Page 735, aforesaid records, as modified by that certain Modification Agreement between Grantor and Original Grantee, dated April 10, 2008, recorded on April 16, 2008 in Deed Book 819, Page 157, aforesaid records, as assigned to Bank of the Ozarks by Master Assignment recorded May 10, 2010 in Deed Book 893, Page 717, aforesaid records (said Real Estate Deed to Secure Debt (With Future Advance Clause) as may have been further 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 Note dated April 10, 2008, made by Grantor to the order of Original Grantee in the principal amount of Seventy-Five Thousand Four Hundred Eighty and 31/100 Dollars ($75,480.31), with interest from the date thereof at the rate specified therein (said Note, as 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 Unity National Bank and said Note and Security Deed having been assigned by the Federal Deposit Insurance Corporation, as Receiver for Unity National Bank, to BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO AND ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR UNITY NATIONAL 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 Pickens County, Georgia, within the legal hours of sale on the first Tuesday of September, 2012 the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 310 OF THE 24TH DISTRICT, 2ND SECTION PICKENS COUNTY, GEORGIA, BEING DESIGNATED AS TRACT 3, MARLIN FLATS SUBDIVISION, CONTAINING 1.141 ACRES MORE OR LESS, ACCORDING TO A PLAT RECORDED AT PLAT BOOK GG PAGE 50, (AND BEING A PORTION OF PROPERTY SHOWN ON SURVEY FOR TONY STANLEY, DATED MARCH 5, 1999 AND RECORDED IN PLAT BOOK FF, PAGE 231), PICKENS COUNTY, GEORGIA, RECORDS; SAID PLAT BEING INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION OF THE PROPERTY. THIS BEING A PORTION OF THE PROPERTY CONVEYED BY DEED FROM BENNY BALDRIDGE AND SALLY BALDRIDGE TO TONY STANLEY DATED MARCH 16, 1999, AND RECORDED IN DEED BOOK 327, PAGE 176 AFORESAID RECORDS.
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 referred to as 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's 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 UNITY NATIONAL BANK, ATTORNEY-IN- FACT FOR H & S FAMILY GROUP, LLC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.