The Lee County Ledger
Lee County

Notice of Sale Under Power
Jan 14, 2013 | 343 views | email to a friend | print

Notice of Sale Under Power

Georgia, Lee County

Under and by virtue of the Power of Sale contained in that certain Construction Security Deed given by Bush Developers, LLP f/k/a Bush-Bacon Developers, LLP f/k/a Bush-Bacon- Lloyd Developers, LLP (the rantor to Regions Bank (the ender dated December 20, 2002 and recorded December 31, 2002 in Deed Book 685, Page 141, Lee County, Georgia official records, as affected by that certain Corrective Deed to Secure Debt and Security Agreement from Grantor to Lender, dated November 3, 2008 and recorded November 4, 2008 in Deed Book 1293, Page 132, aforesaid records, as affected by that Affidavit dated January 30, 2003 and recorded February 10, 2003 in Deed Book 696, Page 154, aforesaid records, as re-recorded on November 5, 2012 in Deed Book 1581, Page 78, aforesaid records, as affected by that Scrivener Affidavit dated November 12, 2012 and recorded November 14, 2012 in Deed Book 1583, Page 154, aforesaid records (collectively, and together with any and all prior security deeds and subsequent amendments, modifications or affidavits, the ecurity Deed , conveying the property described below to secure repayment of (i) that certain Promissory Note dated October 5, 2006, made payable by Grantor in the original principal amount of $255,088.00 (the ote , together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications); and (ii) any and all other obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, whether now existing or hereafter arising (together with any and all amendments, assignments or modifications, collectively hereinafter referred to as the ecured Indebtedness , there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Lee County, Georgia, within the legal hours of sale on the first Tuesday of February 2013 (being February 5, 2013) the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, appurtenances, and personalty located thereon and described in the Security Deed:

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 252 and 253 of the Thirteenth Land District, Lee County; Georgia, and being all of Lot 70 of Southwood Subdivision, Phase 4, according to a map or plat of said subdivision as same is recorded in Plat Cabinet Slide E-29 in the Office of the Clerk of Superior Court of Lee County, Georgia

The above-referenced property is commonly known as 159 Bright Water Drive, Leesburg, Lee County, Georgia 31763, according to the present system of numbering property in Lee County, Georgia.

The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney fees (written notice of intent to collect attorney fees having been given).

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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.

To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it.

REGIONS BANK, Attorney-in-Fact and Agent for Bush Developers, LLP f/k/a Bush-Bacon Developers, LLP f/k/a Bush-Bacon- Lloyd Developers, LLP

Erich N. Durlacher

Burr & Forman LLP

Suite 1100, 171 Seventeenth Street, N.W.

Atlanta, Georgia 30363


(404) 815-3000

(404) 214-7387


Jan. 9, 16, 23, 30 280 pw