gpn11
538731
NOTICE OF
SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF HART
Under and by virtue of the power of sale (the "Power of Sale") contained in the following: (a) that certain Deed to Secure Debt from Henry J. Rice and Peggy Rice to AgGeorgia Farm Credit, ACA, for itself and as agent/nominee (the "Lender"), dated July 22, 2009, a copy of which is of record in Deed Book 639, Pages 702-708, Clerk's Office, Hart County Superior Court (the "First Security Deed"), said First Security Deed having been given to secure that certain promissory note of even date therewith executed by Henry J. Rice (the "Borrower") in favor of Lender in the original principal amount of Seven Hundred Twenty-Seven Thousand and 00/100 Dollars ($727,000.00), together with interest thereon as set forth therein and together with all renewals, reamortizations, extensions, refinances, modifications, or other rearrangements thereof and all other indebtedness of Borrower to Lender (collectively, the "First Note"); and (b) that certain Deed to Secure Debt from Henry J. Rice and Peggy Rice to AgGeorgia Farm Credit, ACA, for itself and as agent/nominee, dated October 2, 2009, a copy of which is of record in Deed Book 644, Pages 154-160, Clerk's Office, Hart County Superior Court (the "Second Security Deed"), said Second Security Deed having been given to secure that certain promissory note of even date therewith executed by Borrower in favor of Lender in the original principal amount of Three Hundred One Thousand Three Hundred Seventy and 18/100 Dollars ($301,370.18), together with interest thereon as set forth therein and together with all renewals, reamortizations, extensions, refinances, modifications, or other rearrangements thereof and all other indebtedness of Borrower to Lender (collectively, the "Second Note") (The First Note and the Second Note are hereinafter collectively referred to as the "Notes") (the First Security Deed and the Second Security Deed are hereinafter collectively referred to as the "Security Deeds"), there will be a sale at public outcry to the highest bidder for cash before the Courthouse door of Hart County, Georgia, within the legal hours of sale on the first Tuesday of November, 2019 (November 5, 2019), the following described real property (the "Real Property"), together with all trees, timber, shrubbery, fixtures, and improvements located thereon:
PARCEL I: All that tract or parcel of land, with improvements thereon, lying and being in the 1113th G.M. District of Hart County, Georgia, CONTAINING 26.00 ACRES, more or less, and being bounded now or formerly as follows: On the East and Southeast by right-of-way of County Paved Road No. 508 (Vanna Road); on the South and Southwest by lands of Ayers and by lands of Rice; on the North by lands of Rice; and on the East by lands of Rice.
Said lands being more particularly described in a plat of survey for Henry Rice, dated June 25, 2009, prepared by Dean H. Teasley, Registered Land Surveyor, recorded in Plat Book 2K, Page 268, Hart County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
Said property is in the soil conservation use program which expires December 31, 2009.
THIS CONVEYANCE is made subject to all zoning ordinances, easements, rights-of-way for public roads and public utilities and any restrictions of record affecting said described property.
Re:Deed Book 639, Page 700, Hart County Public Records.
Deed Book 537, Page 232, Hart County Public Records.
PARCEL II: All that tract or parcel of land, lying and being in the 1113th G.M. District, within the corporate limits of the City of Royston, Hart County, Georgia, CONTAINING 15.67 Acres, and being bounded, now or formerly, as follows: On the Southwest by right-of-way of Georgia Highway No. 17; on the West by Alexander; on the Northwest by right-of-way of Bennett St.; on the Northeast by Drake, Phillips, Strickland; on the East by Phillips; and on the Southeast by Phillips. Said tract being more fully described and delineated on plat of survey for Guerry Hall by Russell Bartlett, Registered Land Surveyor, dated April 9, 2004, recorded in Plat Book 2-J, Page 41, Hart County Public Records. Said plat and the recordation thereof are by reference incorporated herein as a part of this description.
THIS CONVEYANCE is made subject to all zoning ordinances, easements, rights of way for public roads and public utilities and any restrictions of records affecting said described property.
Re:Deed Book 597, Page 106, Hart County Public Records.
Deed Book 551, Page 80, Hart County Public Records.
Deed Book 502, Page 279, Hart County Public Records.
Deed Book 473, Pages 174-175, Hart County Public Records.
The sale will also include the following personal property (the "Personal Property") (the Real Property and the Personal Property are hereinafter referred to as the "Property"), which secures the Notes and in which Borrower granted a security interest to Lender in that certain Security Agreement dated July 22, 2009 (the "First Security Agreement") and in that certain Security Agreement dated June 12, 2017 (the "Second Security Agreement") (the First Security Agreement and the Second Security Agreement are hereinafter collectively referred to as the "Security Agreements"):
The following fixtures are located in two breeder hen houses:
4 Lines of Automatic Nests
Slats
8 Lines of Chain Feeders
2 Lines of Rooster Feeders
4 Lines of Peck Drinkers
Cool Cells
16 - 48" Fans
6 - 36" Fans
2 - 5 Ton Feed Bins
2 - 20 Ton Feed Bins
2 Sets of Spink Scales
Egg Coolers
Curtains and Curtain Machines
1 - 60 KW Generator Katolight -
Serial # 123543-0106
All poultry equipment and attachments including drinkers, feeders, brooders, feed bins and nests. Also, all property similar to that hereinabove described which may at any time hereafter be acquired by the debtor(s) or any of them.
Together with all increases, substitutions and replacements of the Personal Property and additions and accessions thereto, wherever located, and all products and proceeds thereof.
The debt secured by the Security Deeds and the Security Agreements has been and is hereby declared due because of, among other possible events of default, the failure to pay the indebtedness as and when due and in the manner provided in one or more of the Notes. 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.
The Real Property will be sold as the property of Henry J. Rice and Peggy Rice, subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the Real Property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said Real Property; special assessments; all outstanding bills for public utilities which constitute liens upon said Real Property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deeds.
This sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, (2) the provisions of O.C.G.A. Section 9-13-172.1 which permits the rescission of judicial and nonjudicial sales in the State of Georgia in limited circumstances, and (3) final confirmation and audit of the status of the loans with the holder of the Security Deeds and the Security Agreement.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the Notes secured by said Security Deeds and Security Agreements. Notice has also been given, in writing and by certified mail, return receipt requested, to Grantors, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deeds and the Notes thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).
To the best knowledge and belief of the undersigned, the parties in possession of the Property are Henry J. Rice and Peggy Rice or tenant or tenants and the proceeds of said sale will be applied to the payment of said indebtedness and the expenses of said sale.
Notice is hereby given that the Property may, at the sole discretion of Lender, be sold in whole or in parcels.
There is no warranty relating to title, possession, quiet enjoyment, or the like being made in connection with the sale of the Property.
PLEASE BE ADVISED THAT THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AgGeorgia Farm Credit, ACA, as agent/nominee, as Attorney-in-Fact for Henry J. Rice and Peggy Rice
Jonathan D. Moore, Esq.
Martin Snow, LLP
240 Third Street
P.O. Box 1606
Macon, Georgia 31202-1606
(478) 749-1700
File No: A0178.52562
