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Peach County

STATE OF GEORGIA COUNTY OF PEACH NOTICE OF SALE UNDER POWER FILE # 16427
Nov 13, 2012 | 295 views | email to a friend | print

STATE OF GEORGIA COUNTY OF PEACH NOTICE OF SALE UNDER POWER

FILE # 16427 By virtue of the power of sale contained in that certain Deed to Secure Debt from CENTURY LAND DEVELOPMENT, INC., to MAGNOLIA STATE BANK-GRAY BRANCH, a divi- sion of the Bank of Eastman, dated August 1, 2007 and recorded in Deed Book 387, pages 823 through 828, Peach County, Georgia records, said Deed to Secure Debt having been to secure a Note dated August 1, 2007 in the original principal sum of $1,914,300.00, with interest from date at the rate stated in said Note on the unpaid balance until paid together with subsequent

renewals and other advances or extensions of credit. There will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Peach County, Georgia, within the legal hours of sale on the first Tuesday in December 2012, the fol- lowing described property, towit: All that tract or parcel of land situate, lying and being in the Land Lot No. 180, 205 and 206 of the Sixth Land District of Peach County, Georgia and being Parcel B now containing 67.21 acres being the remaining portion of the original Parcel B which con- tained 73.65 acres LESS AND EXCEPT HOWEVER 6.44 acres heretofore con- veyed to Bart Atkinson by Warranty Deed of record in Deed Book 385, pages 30

through 32, Clerk s Office, Peach Superior Court, said plat being of record in Plat

Book 25, page 285, Clerk s Office, Peach Superior Court.

Also: Parcel C containing 34.25 acres, and

Also: Parcel D containing 14.71 acres, all of which are shown on a Plat of

Record made by Robert L. Story, R.L.S. No. 1853, the same being dated September

8, 2006 and revised April 11, 2007, said plat being of record in Plat Book 24, pages

264 and 265, Clerk s Office, Peach County, Superior Court, each of the above Plat

referred to herein by reference there- to for all purposes. The properties herein conveyed are subject to those rights-of-way of record shown

on said plat. Reference is hereby made to the following deeds of record with respect to the property herein conveyed: Warranty Deed from Ms. Joyce Walsh, et.al., to H & H Land Development Corporation of record in Deed Book 354, page 281; Warranty Deed dated December 4, 1990 of record in Deed Book 119, page 175;

Warranty Deed of record in Deed Book 66, pages 117 and 118; and, Also a deed from the heirs at law of Clara C. Newell and J.P. Newell of record in

Deed Book 22 pages 109 through 113. All that tract or parcel of land situate, lying and being in Land Lot 142 of the Sixth Land District of Peach County, Georgia and further being shown as four building lots, Lot 1, Lot 14, Lot 19 and Lot 20, all of Section 3 of Jacob s Landing Subdivision according to a Plat of Survey of record in Plat Book 25, page 252, Clerk s Office, Peach County, Georgia Superior Court, said Plat and the record thereof being incorporated herein by reference thereto for all purposes. The prop- erty herein conveyed is subject to a Covenant for Annexation into the City of Byron in the event said property becomes contiguous to the corporate limits of the City of Byron. The prop- erty herein conveyed is further sub- ject to an Easement for Transmission and Distribution of Electrical Current in favor of Flint Electric Membership Corporation of record in Deed Book 367, page 436, said Clerk s office. The property herein conveyed is a por- tion of that property conveyed to Century Land Development, Inc., by instrument of record in Deed Book 356, page 197, Clerk s

Office, Peach County, Georgia Superior Court. Notice of this fore- closure sale has been made to debtor pursuant to O.C.G.A. section 44-14- 162.2 et. seq.

The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non- payment of the note when due. The debt remaining in default, this sale

will be made for the purpose of pay- ing the same and all expenses of this sale, including attorney s fees. Said property will be sold as the property of Century Land Development, Inc., and/or tenants and subject to the outstanding ad valorem taxes and/or assessments if any.

Magnolia State Bank, a division of the Bank of Eastman as attorney-in- fact for

Century Land Development, Inc. Matthew L. Waters, P.C. Post Office Box 151

Wrightsville, Georgia 31096 (478) 864-9370 715/Magnolia Bank