The Hartwell Sun
Hart County

No. 9223
Jul 19, 2012 | 57 views | email to a friend | print

No. 9223


UNDER POWER OF SALE

IN DEED TO SECURE DEBT

STATE OF GEORGIA

COUNTY OF HART

Under and by virtue of the power of sale contained in those two certain Deeds to Secure Debt (hereinafter known as the Security Deeds ) from WINE COUNTRY, LLC N/K/A MARINA VILLAS, LLC to NORTHEAST GEORGIA BANK as follows: the first Deed to Secure Debt is dated June 5, 2006 and recorded on June 6, 2006 in Deed Book 556, Pages 772-775, as last amended by Modification dated June 11, 2008 and recorded in Deed Book 615, Pages 322-323, Hart County, Georgia records. The second Deed to Secure Debt is dated February 10, 2006 and recorded on February 14, 2006 in Deed Book 546, Pages 349-352, as last amended by Modification dated July 6, 2010 and recorded in Deed Book 662, Pages 319-320, Hart County, Georgia records.

These two certain Security Deeds secure a Note dated July 6, 2010 in the original principal amount of $1,287,855.72, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Hart County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012, the following described property and improvements, if any; to-wit:

LEGAL DESCRIPTION

First Security Deed:

All that tract or parcel of land, with improvements located thereon, lying and being in the 1112th G.M. District, Hart County, Georgia, containing 0.92 of an acre, more or less, being bounded, now or formerly, substantially as follows: Southeast by the right-of-way of Old Reed Creek Road; Southwest by property of James C. Cox (now Wine Country, LLC); Northwest and Northeast by property of the U.S.A. (Lake Hartwell Dam Reservoir Project). This tract or parcel of land is more particularly shown and delineated by a plat of survey dated November 28, 1978, prepared by A. M. Britt, Georgia Registered Land Surveyor, recorded in Plat Book 22, at Page 855, Hart County, Georgia Deed Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this description.

ALONG WITH:

Second Security Deed

Tract One:

All that tract or parcel of land, with improvements thereon, lying and being in the 1112th G.M. District, Hart County, Georgia, consisting of and being known and designated as Lot No. One (1) and Lot No. Two (2) of a subdivision of lands of James C. Cox. Said lots are contiguous and together are bounded, now or formerly, substantially as follows: Southeast by Old Reed Creek Road ; Southwest by property of Larry Sanders; Northwest by property of the U.S.A. (Lake Hartwell); and Northwest by property of Beilstein. These lots are more particularly shown and delineated as Lot One (1) and Lot Two (2) on a plat of survey dated April 1, 1968, prepared by A. M. Britt, Georgia Registered Land Surveyor, recorded in Plat Book 18, at Page 101, Hart County, Georgia Deed Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this description.

AND

Tract Two:

All that tract or parcel of land, with improvements located thereon, lying and being in the 1112th G.M. District, Hart County, Georgia, containing 1.21 acres, more or less, being bounded, now or formerly, substantially as follows: Southeast by Old Reed Creek Road ; Southwest by property of Avis M. Cox; Northwest by property of the U.S.A. (Lake Hartwell); and Northeast by property of James C. Cox. This tract or parcel of land is more particularly shown and delineated by a plat of survey dated November 28, 1978, prepared by A. M. Britt, Georgia Registered Land Surveyor, recorded in Plat Book 22, at Page 573, Hart County, Georgia Deed Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this description.

The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney s fees. (Notice of intent to collect attorneys fees having been given.)

Said property will be sold as the property of WINE COUNTRY, LLC N/K/A MARINA VILLAS, LLC and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.

The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.

To the best knowledge and belief of the undersigned, equitable title to said property is now held by WINE COUNTRY, LLC N/K/A MARINA VILLAS, LLC

NORTHEAST GEORGIA BANK

By: _____________________________________

As Attorney-in-fact for: WINE COUNTRY, LLC

N/K/A MARINA VILLAS, LLC

Marc S. Kaufman

VANDIVER & KAUFMAN, LLC

Attorneys at Law

5330 Vickery Street

Post Office Box 10

Lavonia, Georgia 30553

(706) 356-2323 office

(706) 356-3427 fax

HS-5-4-2979-8/02
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