STATE OF GEORGIA
COUNTY OF HART
SALE UNDER POWER
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the power of sale granted by OAKVIEW CROSSING OF HARTWELL, LLC ("Grantor"), whose address is 84 SUNDOWN CIRCLE, HARTWELL, GA 30643 to UNITED COMMUNITY BANK ("Grantee"), whose address is 815 N. MAIN STREET, ANDERSON, SC 29621 in that certain Security Deed dated December 15, 2016, and recorded in the Office of the Clerk of the Superior Court of Hart County, Georgia, in Book 809, Page 36-43, Grantee offers for sale at public outcry before the Courthouse Door, in Hart County, Georgia, within the legal hours of sale on the First Tuesday in February, being February 4, 2020, for CASH to the highest bidder, the purchaser paying the transfer tax, all costs of preparing and recording a deed of conveyance, ad valorem taxes and all other assessments or liens against the property, if any, the following-described property, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO.
The above-referenced Security Deed was given to secure an indebtedness evidenced by a Promissory Note dated December 15, 2016 in the original principal amounts of One Million Seven Hundred and Fifty Thousand Dollars ($1,750,000.00) with interest thereon, and also any renewals, extensions, or modifications of any such indebtedness in whole or in part and all future advances that were made by Grantee.
The indebtedness secured by said Security Deed has been and is again declared due and payable in full because of, among other events of default, the failure of Borrower to pay in full by the maturity date listed in the Promissory Note, as extended by any modifications or other agreements between the parties.
The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the said Security Deed, accrued interest thereon, expenses of the sale, attorneys' fees (notice of intention to collect attorneys' fees having been given) and all other sums secured by the Security Deed, and the remainder, if any, shall be applied as provided by said Security Deed and by law.
To the best of the undersigned's knowledge and belief, the property described on Exhibit "A" is in the possession of OAKVIEW CROSSING OF HARTWELL, LLC, or a tenant or tenants. The property is more commonly known as 1246 E. FRANKLIN STREET, HARTWELL, GA 30643.
Said property will be sold as the property of OAKVIEW CROSSING OF HARTWELL, LLC and subject to any outstanding ad valorem taxes (including taxes which are a lien, but are not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, zoning ordinances, covenants, all liens, encumbrances, easements, restrictions or other matters of record that may have priority over said Deed to Secure Debt, if any.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code, and (2) to final confirmation and audit of the status of the Loan with the holder of the Security Deed.
In compliance with Official Code of Georgia Section 44-14-162.2, Grantee hereby states that the person with full authority to negotiate, amend, and modify all terms of the security deed with the debtor is Ms. Kristen Nichols, whose address is 40 Calhoun St. Suite 200, Charleston, SC 29401 and whose phone number is (843) 576-2800. However, this statement does not imply that Grantee will in fact agree to negotiate, amend and modify the terms of the security deed.
/s/ OAKVIEW CROSSING OF HARTWELL, LLC
By: UNITED COMMUNITY BANK, as
Attorney-in-Fact for OAKVIEW CROSSING OF HARTWELL, LLC
James S. Murray
Robert P. Mangum
Turner Padget Graham & Laney, P.A.
Attorneys for United Community Bank
209 Seventh Street, Third Floor
PO Box 1495
Augusta, GA 30903
ALL that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Hartwell, in the 1112th District, G.M., Hart County, Georgia, containing 46.53 acres, more or less, and being more particularly shown on a Plat by Dean H. Teasley, Surveyor, dated July 27, 1979, recorded in Plat Book 2-C, Page 189, in the Office of the Clerk of Superior Court of Hart County, Georgia, which said plat is hereby incorporated into this description by reference and made a part hereof, and being the same property conveyed in the following three conveyances: Warranty Deed from Mary K. Jackson to Mary K. Jackson and E. Allen Jackson as Trustees, or their successors in trust, of the Mary K. Jackson Living Trust dated February 3, 2000 and any amendments thereto, dated August 27, 2001, recorded in Deed Book 388, Pages 440-441, in said Clerk's Office; Warranty Deed from Charles B. Kidd and Mary Eleanor Kidd to C. William Kidd, dated December 1, 1997, recorded in Deed Book 305, Pages 268-269, in said Clerk's Office; and Warranty Deed from Charles B. Kidd and Mary Eleanor Kidd to John Carey Kidd, II, dated December 1, 1997, recorded in Deed Book 305, Pages 282-283, in said Clerk's Office.
Property is conveyed subject to Deed to Secure Debt from Transitions Development Partners-Hartwell, LLC to The Peoples Bank, dated June 15, 2012, field June 19, 2012, and recorded in Deed Book 707, Pages 185-194, Public Records of Hart County, Georgia.
Less and Except:
All that tract or parcel of land, situate, lying and being in the City of Hartwell, in the 1112th District, G.M., Hart County, Georgia, containing 6.65 acres, more or less, and being more particularly shown on a Plat entitled: "Plat for: AnMed Health" by Dean H. Teasley, surveyor, dated September 18, 2012, recorded at Plat Book 2-L, Page 211, in the Office of the Clerk of Superior Court of Hart County, Georgia, which said plat is hereby incorporated into this description by reference and made a part hereof, and subject property being bounded now or formerly and generally as follows: Northeasterly by U.S. Highway 29; Southeasterly by a proposed street as shown on said plat; Southwesterly by land of Transitions Development Partners-Hartwell, LLC; and Northwesterly by land of Nalley Hartwell, LP.