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Floyd County

RN8165 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FLOYD UNDER AND BY VIRTUE
Jan 17, 2013 | 250 views | email to a friend | print

RN8165

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF FLOYD

UNDER AND BY VIRTUE of the power of sale contained in that certain Security Deed ( Security Deed ) dated September 4, 2009, executed and delivered by STAN STEPHENS ENTERPRISES, LLC ( Grantor ) to THE BUCKHEAD COMMUNITY BANK ( Buckhead Bank ), and recorded on September 14, 2009, in Deed Book 2202, at page 281, Floyd County, Georgia records; as transferred and assigned to STATE BANK AND TRUST COMPANY ( State Bank ), AS ASSIGNEE OF BUCKHEAD BANK S RIGHTS to the Security Deed and all other related loan documents by that certain Assignment of Loan Documents, executed and delivered by the Federal Deposit Insurance Corporation (as Receiver for Buckhead Bank) to State Bank, and recorded on November 2, 2012, in Deed Book 2326, at page 1254, Floyd County, Georgia records, conveying the after-described property to secure that certain promissory note (the Note ) from STAN STEPHENS ENTERPRISES, LLC to BUCKHEAD BANK D/B/A THE ALPHARETTA COMMUNITY BANK dated September 4, 2009, in the original principal amount of One Hundred Sixteen Thousand and NO/100 Dollars ($116,000.00), State Bank being the current owner and holder of the Note, with interest thereon as set forth therein, there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Floyd County, Georgia during the legal hours of sale on the first Tuesday of February, 2013, of the following described property (the Property ):

All that tract or parcel of land lying and being in Land Lot 134 of the 22nd District, 3rd Section, Floyd County, Georgia, being Lots 21 through 30 and parts of Tract 1 and 2 of Claud Cox Estate and being more particularly described on survey for Mark Brownlow and Lisa L. Brownlow by Gaskins & Baker Surveyors dated September 28, 1995.

Beginning at a point found on the westerly right-of-way of Rome Rockmart Highway (having a 100 foot right-of-way) which point is 1,273 feet North of the northerly right-of-way of Center Road. From said point of beginning running thence South 89 degrees 52 minutes 01 seconds West a distance of 1,034.41 feet to a point. Running thence North 06 degrees 28 minutes 25 seconds West a distance of 251.49 feet to a point. Running thence North 89 degrees 52 minutes 01 seconds East a distance of 1057.16 feet to a rebar set on the westerly right-of-way of Rome-Rockmart Highway (having a 100 foot right-of-way). Running thence South 1 degree 17 minutes 06 seconds East a distance of 250.00 feet to a point. Said point also being the true point of beginning. Said property being the same property shown on Deed Book 458, Page 463. Said tract also being a part of the property shown at Deed Book 370, Page 64, in the Office of the Clerk of Superior Court of Floyd County, Georgia. Map reference # K18-006.

The indebtedness secured by the Security Deed has been and is hereby declared due and payable by reason of default for, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying said debt and all expenses of this sale, as provided in the Security Deed and by law, including but not limited to attorneys fees (the statutory notice of intent to collect attorneys fees having been served).

The Property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable); any matters that might be disclosed by an accurate survey and/or inspection of the Premises; any assessments, liens, encumbrances, zoning ordinances, restrictions, and covenants; and matters of record superior to the Security Deed. Additionally, this sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and subject to final confirmation and audit of the status of the loans with the holder of the Security Deed.

Notice to the debtor as required by O.C.G.A. 44-14-162.2 has been given, and the individual or entity who has full authority to negotiate, amend, and modify the terms of the Security Deed and all related loan documents is Ross Mynatt, State Bank s Portfolio Manager. Mr. Mynatt may be contacted at 3399 Peachtree Road, N.E., Suite 2040, Atlanta, Georgia, 30326, Tel: (404) 266-4633.

To the best knowledge and belief of State Bank, the Property is in the possession of STAN STEPHENS ENTERPRISES, LLC.

STATE BANK AND TRUST COMPANY, as Attorney-in-Fact for STAN STEPHENS ENTERPRISES, LLC.

Vivian B. Fisher, Esq.

James-Bates-Brannan-Groover-LLP

3399 Peachtree Road N.E.

Suite 1700, The Lenox Building

Atlanta, Georgia 30326

(404) 997-6020

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.

Jan 10, 17, 24, 31, 2013