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NOTICE OF SALE UNDER POWER STATE OF GEORGIA HOUSTON COUNTY
Nov 27, 2012 | 333 views | email to a friend | print

NOTICE OF SALE UNDER POWER STATE OF GEORGIA HOUSTON COUNTY Because of default in the payment of the indebtedness secured by a Real Estate Deed to Secure Debt from Star Gold Properties, LLC to Atlantic Southern Bank September 8, 2006, as amended, modified and/or continued, and recorded on September 12, 2006 in Deed Book 3992, Pages 159-166 in the records of the Office of the Clerk of the Superior Court of Houston County, Georgia, (hereafter referred to as the eed , as last transferred to CertusBank, N.A. by Receiver's Transfer and Assignment filed of record in Deed Book 5806, Pages 131-134 in the records of the Office of the Clerk of the Superior Court of Houston County, Georgia, conveying the herein below described property to secure a Promissory Note dated October 15, 2010 in the original principal amount of $412,245.85 with interest at the rate specified therein, as amended, modified and/or continued, the undersigned, CertusBank, N.A., pursuant to said Deed and Promissory Note thereby secured, has declared the entire amount of said indebtedness due and payable, and pursuant to the powers of sale contained in said Deed, will, on the first Tuesday in December 2012 (Tuesday, December 4, 2012), during the legal hours of sale, at the Courthouse door in Houston County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land situate, lying and being in land lot 97, 5th land district, Houston county, Georgia, and being known as lots 11-24, inclusive, block section no. 4, phase no. 4. Grove Pointe subdivision, according to a plat recorded in plat book 67, page 135, clerk's office, Houston Superior Court. Said lot is subject to such size, shape, metes, bounds and dimensions as shown on said plat which plat is by this reference made a part hereof for all purposes. This is part of the land conveyed by the deed recorded in deed book 3852, page 60, said clerk's office. Said lot is conveyed subject to the applicable restrictive covenants, building setback lines, and easements of record. AND All that tract or parcel of land situate, lying and being in land lot 97, 5th land district, Houston county, Georgia, and being known as lot 25, inclusive, block section no. 3, phase no. 4, Grove Pointe subdivision, according to a plat recorded in plat book 62, page 43, clerk's office, Houston Superior Court. Said lot is subject to such size, shape, metes, bounds and dimensions as shown on said plat which plat is by this reference made a part hereof for all purposes. Said lot is conveyed subject to the applicable restrictive covenants, building setback lines, and easements of record. Less and except: All that tract or parcel of land situate, lying and being in land lot 97 of the fifth (5th) land district of Houston county, Georgia, being known and designated as lot 25, block of a subdivision known as Grove Pointe at eagle springs, phase no. 4, section no. 3, according to a plat of said subdivision of record in plat book 64, pages 42-43, clerk's office, Houston Superior Court. Said plat and the record thereof are incorporated herein by reference for all purposes. All that tract or parcel of land situate, lying and being in land lot 97, 5th land district, Houston county, Georgia, and being known and designated as lot 23, block section no. 4, phase no. 4, Grove Pointe subdivision, according to a plat recorded in plat book 67, page 135, clerk's office, Houston Superior Court. Said lot is subject to such size, shape, metes, bounds and dimensions as shown on said plat which plat is by this reference made a part hereof for all purposes. This part of the land conveyed by the deed recorded in deed book 3852, page 60, said clerk's office. All that tract or parcel of land situate, lying and being in land lot 97, 5th land district, Houston county, Georgia, and being known as lot 12, block section no. 4, phase no. 4 Grove Pointe subdivision, according to a plat recorded in plat book 67, page 135, clerk's office, Houston Superior Court. Said lot is subject to such size, shape, metes, bounds and dimensions as shown on said plat which plat is by this reference made a part hereof for all purposes. All that tract or parcel of land situate, lying and being known as lot 13, inclusive, block section no. 4, phase no. 4, Grove Pointe subdivision, according to a plat recorded in plat book 67, page 135, clerk's office, Houston Superior Court. Said lot is subject to such size, shape, metes, bounds and dimensions as shown on said plat which plat is by this reference made a part hereof for all purposes. The above legal description being controlling, the property consists of multiple lots in Grove Pointe Subdivision, Centerville, Houston County, Georgia, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party in possession of the property is Star Gold Properties, LLC or a tenant(s). The indebtedness secured by said Deed and Promissory Note has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in said Deed and Promissory Note. For the indebtedness remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale as provided in the Deed and by law, including attorneys' fees. Notice of intention to collect attorneys' fees in accordance with the terms of said Deed and Promissory Note has been given. The sale will be held subject to any unpaid taxes (including taxes which are a lien, but not yet due and payable), assessments, rights of redemption, rights of way, easements, covenants or restrictions, liens, zoning ordinances, and all other superior matters of record which may affect said property. The sale will be conducted subject to (i) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, and (ii) final confirmation and audit of the status of the loans with the holder of the Deed. Said property will be sold as the property of Star Gold Properties, LLC and the proceeds of the sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said Deed, and the undersigned will execute a deed to the purchaser as provided in said Deed. Such sale is further subject to O.C.G.A. Section 9-13-172.1 in regard to the rescission of judicial and non-judicial sales in Georgia. The entity who has full authority to negotiate, amend or modify all terms of the mortgage is CertusBank, N.A., Gary Bechtel, 501 Walnut Street, Macon, Georgia 31201; (478) 744-2925. CertusBank, N.A., Attorney-in-Fact for Star Gold Properties, LLC Mark S. Watson, Attorney for CertusBank, N.A. WatsonMcCallum, LLP 111 Arkwright Landing, Suite D Macon, Georgia 31210 (478) 254-6033 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 113483 11/7 - 11/28