Gpn11
805240
NOTICE OF SALE
UNDER POWER
GEORGIA,
ELBERT AND HART COUNTY
Under and by virtue of the Power of Sale contained in that certain Commercial Deed to Secure Debt from Jerald R. Bishop, Jr. (the “Grantor”) to Pinnacle Bank (“Grantee”), dated June 16, 2022, filed and recorded June 22, 2022, in Deed Book 713, Page 480, Elbert County, Georgia Records and filed and recorded July 5, 2022 in Deed Book 981, 248, Hart County, Georgia Records, as modified by that certain Modification of Security Deed dated August 11, 2023, filed and recorded September 11, 2023 in Deed Book 740, Page 482, Elbert County, aforesaid records, and filed and recorded August 28, 2023 in Deed Book 1014, Page 703, Hart County, aforesaid records (as modified, the “Security Deed”), conveying the after-described property to secure that certain Promissory Note dated August 11, 2023 from Grantor payable to Pinnacle Bank in the original principal amount of Twenty Seven Thousand Two Hundred Forty Two and 16/100 Dollars ($27,242.16), with interest thereon as set forth therein (the “Note”), there will be sold 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 in April, 2024, the following described property:
All that tract or parcel of land, lying and being in the 1113th G.M. District of Hart County and the 201st G.M. District of Elbert County, State of Georgia, Counties of Hart and Elbert, containing 3.877 acres, more or less, and being more particularly described and delineated according to said plat and survey prepared by Aaron P. Blomberg, Georgia Registered Surveyor Number 3100, dated June 18, 2018, entitled "Survey For: Marvin W. Hanson, Jr. And Teresa J. Hanson", said plat being of record in the Office of the Clerk of Superior Court of Hart County and Elbert County, Georgia, in Plat Book 7318, Page 141 (Hart County); which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
Subject to all easements and restrictions of record.
Being the same property described in a Limited Warranty Deed from Marvin W. Hanson, Jr. And Teresa J. Hanson, dated July 13, 2018, recorded on July 17, 2018, in Deed Book 848 at pages 30-31 in the Office of the Clerk of the Superior Court of Hart County, Georgia, and also recorded on August 3, 2018, in Deed Book 633 at pages 312-313 in the Office of the Clerk of the Superior Court of Elbert County, Georgia.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed
The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. Pinnacle Bank is the secured creditor under the Security Deed and loan as herein referenced. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Pinnacle Bank, Attn: Brittany Brown, 884 Elbert Street, Elberton, Georgia 30635, (706) 213-3358. O.C.G.A. § 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
To the best of the undersigned's knowledge and belief, the property is known as: 3.877 +/- acres, Robert Reid Road, Royston, Hart and Elbert County, GA 30662, and the party in possession of the property is Jerald R. Bishop, Jr., or his tenant or tenants.
Pinnacle Bank, as Attorney-in-Fact
for Jerald R. Bishop, Jr.
Thompson, O'Brien, Kappler
& Nasuti, P.C.
2 Sun Court, Suite 400
Peachtree Corners, Georgia 30092
(770) 925-0111
This is notice that we are attempting to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector.