• NOTICE OF SALE UNDER POWER ...

NOTICE OF SALE
UNDER POWER

Under and by virtue of the power of sale contained in that certain Amended, Restated and Consolidated Deed to Secure Debt (Coweta County Property/Approximately 1,389.16 Acres) between Stanley E. Thomas (“Grantor”) and Carole Reed Thomas, both individual residents of the State of Georgia and John D. Phillips, an individual resident of the State of Georgia (“Phillips”), dated August 27, 2008, recorded on September 9, 2008, in Deed Book 3384, Page 482, in the Coweta County, Georgia real property records; as corrected by Corrective Modification to Amended, Restated and Consolidated Deed to Secure Debt (Coweta County) between Fourth Quarter Properties XLV, LLC, a Georgia limited liability company, Grantor and Carole Reed Thomas and Phillips, dated as of December 22, 2008, recorded on December 22, 2008, in Deed Book 3409, Page 140, in the aforesaid records, and securing that certain Amended, Restated and Consolidated Promissory Note dated August 27, 2008, in the original principal amount of $26,310,364.18, with interest therein stated (as modified, renewed or assigned, the “Note”), as subsequently modified from time to time and as assigned by Assignment of Amended, Restated and Consolidated Deed to Secure Debt from Phillips to JDP Land, LLC, a Georgia limited liability company (“Lender”), dated as of August 31, 2017, recorded on or about the date thereof in the aforesaid records (as modified and assigned, the “Security Deed”), and in compliance with O.C.G.A. §44-14-162.1 et seq., there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Coweta County, Georgia, within the legal hours of sale on the first Tuesday in October, 2017, the property described in Exhibit “A” attached hereto and incorporated herein by reference, together with all buildings, structures, fixtures and other improvements as set forth in the Security Deed (the “Property”). The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, nonpayment of the amounts owed by Grantor to Lender. The Property will be sold subject to: All outstanding taxes and assessments, and any additional taxes which might result from a reassessment of the Property (including taxes which are a lien, whether or not due and payable), special assessments, unpaid utility bills constituting liens against the property, and all liens and encumbrances that are superior to the Security Deed; Rights of tenants in possession (if any) and all parties claiming by, through or under said tenants; All valid zoning ordinances; Rights to notice and of redemption, if any, of any taxing authority, including the Internal Revenue Service; All matters that might be disclosed by a current and accurate survey or inspection of the Property; and All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, special assessments, unpaid utility bills constituting liens against the Property, and all liens, claims, or other encumbrances to which the Security Deed is junior and subordinate in terms of priority under the laws of the State of Georgia. The Property will be sold on an “as is, where is” basis without recourse against the undersigned and without representation or warranty of any kind or nature by the undersigned with respect thereto, including no warranty as to the exact acreage of the Property. To the best of Lender’s knowledge and belief, the Property is in the possession of Grantor or third parties claiming under Grantor. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final audit and confirmation of the status of the loan with Lender. JDP LAND, LLC, a Georgia limited liability company as Attorney-in-Fact for Stanley E. Thomas Jeffrey F. Montgomery, Esq. Cushing, Morris, Armbruster and Montgomery, LLP 191 Peachtree Street, N.E., Suite 4500 Atlanta, Georgia 30303 (404) 521-2323 This firm is acting as a debt collector. Any information obtained will be used for that purpose. EXHIBIT “A” Legal Description ALL THAT TRACT OR PARCEL OF LAND lying and being located in Land Lots 145, 146 and 161 Land District 1 Coweta County, Georgia and being more particularly described as follows: Begin at an iron pipe found at the Southwest corner of Land Lot 146, said point being the true point of beginning of the property herein described: Thence North 00 degrees 12 minutes 54 seconds East for a distance of 800.49 feet along the West line of said Land Lot 146 to an iron pin found; Thence North 00 degrees 09 minutes 42 seconds East for a distance of 1185.42 feet along the West line of said Land Lot 146 to an iron pin found; Thence North 00 degrees 27 minutes 57 seconds West for a distance of 520.99 feet along the West line of said Land Lot 146 to an iron pin found; Thence North 00 degrees 14 minutes 37 seconds West for a distance of 538.45 feet along the West line of said Land Lot 146 to an iron rod found at the Northwest corner of said Land Lot 146; Thence North 89 degrees 57 minutes 01 seconds East for a distance of 1572.95 feet along the North line of said Land Lot 146 to an iron rod found; Thence North 89 degrees 49 minutes 11 seconds East for a distance of 1599.65 feet along the North line of Land Lot 146 and Land Lot 161 to an iron pipe found on the Westerly right of way (80') of Elders Mill Road; Thence South 23 degrees 47 minutes 04 seconds West for a distance of 634.97 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 25 degrees 19 minutes 02 seconds West for a distance of 143.32 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 28 degrees 57 minutes 16 seconds West for a distance of 94.20 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 33 degrees 39 minutes 39 seconds West for a distance of 96.42 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 37 degrees 43 minutes 18 seconds West for a distance of 140.51 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 39 degrees 24 minutes 32 seconds West for a distance of 247.21 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 38 degrees 41 minutes 54 seconds West for a distance of 334.47 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 36 degrees 28 minutes 14 seconds West for a distance of 150.80 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 33 degrees 40 minutes 05 seconds West for a distance of 150.73 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 32 degrees 33 minutes 04 seconds West for a distance of 150.02 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 31 degrees 50 minutes 17 seconds West for a distance of 331.12 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 29 degrees 27 minutes 08 seconds West for a distance of 147.96 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 27 degrees 23 minutes 22 seconds West for distance of 241.18 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 23 degrees 58 minutes 11 seconds West for a distance of 150.40 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 16 degrees 27 minutes 07 seconds West for a distance of 78.54 feet along the Westerly right of way of Elders Mill Road to a point located on the North right of way (80') of Hall Road; Thence South 88 degrees 17 minutes 19 seconds West for a distance of 69.95 feet along the Northerly right of way of Hall Road to a point; Thence South 87 degrees 21 minutes 36 seconds West for a distance of 67.53 feet along the Northerly right of way of Hall Road to a point; Thence South 86 degrees 55 minutes 37 seconds West for a distance of 143.80 feet along the Northerly right of way of Hall road to a point; Thence South 86 degrees 43 minutes 44 seconds West for a distance of 140.33 feet along the Northerly right of way of Hall Road to a point; Thence South 83 degrees 48 minutes 44 seconds West for a distance of 111.47 feet along the Northerly right of way of Hall Road to a point; Thence South 78 degrees 25 minutes 40 seconds West for a distance of 67.30 feet along the Northerly right of way of Hall Road to a point; Thence South 73 degrees 22 minutes 24 seconds West for a distance of 92.97 feet along the Northerly right of way of Hall Road to a point; Thence South 69 degrees 03 minutes 06 seconds West for a distance of 55.81 feet along the Northerly right of way of Hall road to a point; Thence South 65 degrees 06 minutes 08 seconds West for a distance of 119.08 feet along the Northerly right of way of Hall Road to a point; Thence South 64 degrees 32 minutes 39 seconds West for a distance of 102.35 feet along the Northerly right of way of Hall Road to a point; Thence South 63 degrees 12 minutes 26 seconds West for a distance of 109.37 feet along the Northerly right of way of Hall Road to a point; Thence South 62 degrees 26 minutes 41 seconds West for a distance of 118.72 feet along the Northerly right of way of Hall Road to a point; Thence South 62 degrees 01 minutes 28 seconds West for a distance of 90.22 feet along the Northerly right of way of Hall Road to a point; Thence South 62 degrees 06 minutes 24 seconds West for a distance of 127.32 feet along the Northerly right of way of Hall Road to a point; Thence South 61 degrees 57 minutes 50 seconds West for a distance of 87.51 feet along the Northerly right of way of Hall Road to a point; Thence South 62 degrees 05 minutes 24 seconds West for a distance of 81.13 feet along the Northerly right of way of Hall Road to a point; Thence South 63 degrees 52 minutes 32 seconds West for a distance of 93.73 feet along the Northerly right of way of Hall Road to a point; Thence South 64 degrees 43 minutes 01 seconds West for a distance of 47.73 feet along the Northerly right of way of Hall road to an iron pin set on the West line of land Lot 145; Thence North 01 degrees 05 minutes 13 seconds East for a distance of 128.94 feet along the West line of said Land Lot 145 to an iron pipe found at the Northwest corner of Land Lot 145 same being the Southwest corner of Land Lot 146 and the true point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 151.870 acres. ALSO: ALL THAT TRACT OR PARCEL OF LAND lying and being located in Land Lots 145 and 146 Land District 1 Coweta County, Georgia and being more particularly described as follows: Begin at an iron pipe found at the Southwest corner of Land Lot 146, same being the Northwest corner of Land Lot 145 and from said point run thence South 01 degrees 05 minutes 13 seconds west along the West line of Land Lot 145 a distance of 217.32 feet to an iron pin set on the southerly right of way (80') of Hall Road and the true point of beginning of the property herein described: Thence North 66 degrees 07 minutes 31 seconds East for a distance of 33.06 feet along the southerly right of way of Hall Road to a point; Thence North 64 degrees 43 minutes 01 seconds East for a distance of 53.94 feet along the Southerly right of way of Hall Road to a point; Thence North 63 degrees 52 minutes 50 seconds East for a distance of 96.15 feet along the Southerly right of way of Hall Road to a point; Thence North 62 degrees 05 minutes 24 seconds East for a distance of 82.47 feet along the Southerly right of way of Hall Road to a point; Thence North 61 degrees 57 minutes 50 seconds East for a distance of 87.49 feet along the Southerly right of way of Hall Road to a point; Thence North 62 degrees 06 minutes 24 seconds East for a distance of 127.28 feet along the Southerly right of way of Hall Road to a point; Thence North 62 degrees 01 minutes 28 seconds East for a distance of 89.98 feet along the Southerly right of way of Hall Road to a point; Thence North 62 degrees 26 minutes 41 seconds East for a distance of 117.89 feet along the Southerly right of way of Hall Road to a point; Thence North 63 degrees 12 minutes 26 seconds East for a distance of 107.90 feet along the Southerly right of way of Hall Road to a point; Thence North 64 degrees 32 minutes 39 seconds East for a distance of 101.02 feet along the Southerly right of way of Hall Road to a point;Thence North 65 degrees 06 minutes 08 seconds East for a distance of 118.69 feet along the Southerly right of way of Hall Road to a point; Thence North 69 degrees 16 minutes 32 seconds East for a distance of 47.21 feet along the Southerly right of way of Hall Road to a point; Thence North 73 degrees 22 minutes 24 seconds East for a distance of 86.49 feet along the Southerly right of way of Hall Road to a point; Thence North 78 degrees 25 minutes 40 seconds East for a distance of 60.01 feet along the Southerly right of way of Hall Road to a point; Thence North 83 degrees 48 minutes 44 seconds East for a distance of 105.67 feet along the Southerly right of way of Hall Road to a point; Thence North 86 degrees 43 minutes 44 seconds East for a distance of 138.15 feet along the Southerly right of way of Hall Road to a point; Thence North 86 degrees 55 minutes 37 seconds East for a distance of 143.36 feet along the Southerly right of way of Hall Road to a point; Thence North 87 degrees 21 minutes 36 seconds East for a distance of 66.58 feet along the Southerly right of way of Hall Road to a point; Thence North 88 degrees 17 minutes 19 seconds East for a distance of 51.91 feet along the Southerly right of way of Hall Road to the Westerly right of way (80') of Elders Mill Road; Thence South 06 degrees 43 minutes 09 seconds West for a distance of 14.83 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 02 degrees 12 minutes 59 seconds East for a distance of 46.68 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 08 degrees 18 minutes 58 seconds East for a distance of 64.23 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 19 degrees 37 minutes 14 seconds East for a distance of 109.97 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 28 degrees 43 minutes 25 seconds East for a distance of 102.11 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 30 degrees 42 minutes 00 seconds East for a distance of 184.99 feet alongthe Westerly right of way of Elders Mill Road to a point; Thence South 30 degrees 48 minutes 21 seconds East for a distance of 689.62 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 30 degrees 44 minutes 17 seconds East for a distance of 661.56 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 31 degrees 05 minutes 34 seconds East for a distance of 142.74 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 31 degrees 06 minutes 52 seconds East for a distance of 87.35 feet along the Westerly right of way of Elders Mill Road to a point; Thence South 29 degrees 46 minutes 30 seconds East for a distance of 129.13 feet along the Westerly right of way of Elders Mill Road to an iron pin set; Thence South 89 degrees 55 minutes 18 seconds West for a distance of 2688.29 feet leaving said right of way of Elders Mill Road to an iron rod found on the west line of Land Lot 145; Thence North 01 degrees 05 minutes 13 seconds East for a distance of 1409.23 feet along the West line of Land Lot 145 to an iron pin set on the Southerly right of way and the true point of beginning. Said property contains 86.013 acres. LESS AND EXCEPT that property known as the Elder Cemetery, which is hereby described as follows: Beginning at a point located at the Westerly right of way of Elders Mill Road and the Southerly right of way of Hall Road and from said point run thence South 06 degrees 43 minutes 09 seconds West a distance of 14.83 feet to a point; Thence South 02 degrees 12 minutes 59 seconds East a distance of 46.68 feet to the centerline of a 20 foot access road to the Elder Cemetery; Thence South 32 degrees 36 minutes 42 seconds West a distance of 172.42 feet along said access road to a point; Thence South 03 degrees 54 minutes 02 seconds West a distance of 375.00 feet along said access road to a point;Thence South 32 degrees 21 minutes 42 seconds West a distance of 264.90 feet along said access road to a point; Thence South 23 degrees 57 minutes 22 seconds West a distance of 163.50 feet along said access road to an iron pin found which is the POINT OF BEGINNING OF THE ELDER CEMETERY; Thence South 78 degrees 54 minutes 22 seconds West a distance of 301.52 feet to a point; Thence South 07 degrees 48 minutes 45 seconds West a distance of 147.78 feet to a point; Thence South 78 degrees 35 minutes 40 seconds East a distance of 136.89 feet to a point; Thence North 37 degrees 20 minutes 06 seconds East a distance of 84.10 feet to a point; Thence North 54 degrees 06 minutes 24 seconds East a distance of 119.00 feet to a point; Thence North 36 degrees 56 minutes 22 seconds East a distance of 34.50 feet to a point; Thence North 28 degrees 02 minutes 32 seconds East a distance of 23.20 feet to a point; Thence North 03 seconds 21 minutes 02 seconds East a distance of 46.89 feet to an iron pin found and the POINT OF BEGINNING OF THE ELDER CEMETERY. ALSO: ALL THAT TRACT OF PARCEL OF LAND lying and being in Land Lots 125 and 126 of the 1st District, Coweta County, Georgia, and being more particularly described as follows: BEGINNING at an iron post on the east land lot of Land Lot 126, said iron post being located north 00 degrees 10 minutes 10 seconds west a distance of 1371.84 feet from an iron pin found at the southeast corner of Land Lot 126; running thence south 89 degrees 33 minutes 53 seconds west a distance of 1396.35 feet to an iron pin set on the east right of way of Linch Road (having an 80 foot right of way); running thence along said right of way north 12 degrees 01 minutes 43 seconds west, a distance of 139.52 feet to a point; running thence north 09 degrees 21 minutes 15 seconds west a distance of 100.68 feet; running thence north 06 degrees 59 minutes 21 seconds west a distance of 132.06 feet to a point; running thence 02 degrees 13 minutes 55 seconds west a distance of 105.05 feet to a point; running thence north 04 degrees 42 minutes 37 seconds east a distance of 88.55 feet to a point; running thence north 10 degrees 46 minutes 53 seconds east a distance of 116.64 feet to a point; running thence north 12 degrees 33 minutes 45 seconds east a distance of 166.17 feet to a point; running thence north 12 degrees 39 minutes 07 seconds east a distance of 320.24 feet to a point; running thence north 15 degrees 47 minutes 05 seconds east a distance of 167.47 feet to a point; running thence north 21 degrees 25 minutes 02 seconds east a distance of 155.16 feet to a point; running thence north 23 degrees 30 minutes 12 seconds east a distance of 131.36 feet to a point; running thence north 22 degrees 39 minutes 57 seconds east a distance of 115.70 feet to a point; running thence north 18 degrees 35 minutes 06 seconds east a distance of 116.43 feet to a point; running thence north 12 degrees 30 minutes 00 seconds cast a distance of 133.43 feet to a point; running thence north 09 degrees 07 minutes 09 seconds east a distance of 187.38 feet to a point; running thence north 10 degrees 50 minutes 25 seconds east a distance of 104.46 feet to a point, running thence north 11 degrees 21 minutes 22 seconds east a distance of 284.34 feet to a point; running thence north 14 degrees 03 minutes 12 seconds east a distance of 200.44 feet to a point; running thence north 14 degrees 44 minutes 30 seconds east a distance of 219.97 feet to a point; running thence north 15 degrees 33 minutes 03 seconds east a distance of 191.01 feet to a point; running thence north 15 degrees 48 minutes 03 seconds east a distance of 62.57 feet to an iron pin set; thence leaving the right of way and running north 88 degrees 34 minutes 11 seconds east a distance of 759.85 feet to an iron pin set on the east lot line of Land Lot 125; running thence along the lot line south 00 degrees 39 minutes 20 seconds east a distance of 1660.39 feet to an iron pin set at the corner of Land Lots 125, 126, 146 and 147; running thence along the east lot line of Land Lot 126 south 00 degrees 10 minutes 27 seconds east a distance of 1488.63 feet to the POINT OF BEGINNING, containing 84.069 acres, and being shown as Parcel “B” on a plat of survey for Stanley E. Thomas, made by Christopher Brothers Surveyors, bearing the seal of John R. Christopher, Ga. R.LS. No. 1766, dated June 15, 1995. ALSO: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 125 and 126 of the 1st District of Coweta County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin set on the west lot line of Land Lot 125, being located south 00 degrees 23 minutes 50 seconds east a distance of 1490.85 feet from a rock found at the northwest corner of Land Lot l25; running thence south 00 degrees 23 minutes 50 seconds east a distance of 1635.71 feet to an iron pin found at the corner of Land Lots 113, 114, 125 and 126; running thence south 00 degrees 04 minutes 31 seconds west a distance of 771.46 feet to a 1 inch pipe found; running thence south 00 degrees 15 minutes 00 seconds east a distance of 629.00 feet to an angle iron found; running thence south 89 degrees 09 minutes 00 seconds west a distance of 50 feet to an iron pin set; running thence south 01 degrees 38 minutes 00 seconds east a distance of 18.24 feet to an iron pin set; running thence north 89 degrees 44 minutes 35 seconds east a distance of 149.13 feet to an iron pin set on the westerly right of way of Linch Road (having an 80 foot right of way); running thence along the west right of way of Linch Road north 21 degrees 34 minutes 23 seconds west a distance of 74.50 feet to a point; running thence north 09 degrees 21 minutes 15 seconds west a distance of 104.20 feet to a point; running thence north 06 degrees 59 minutes 21 seconds west a distance of 137.03 feet to a point; running thence north 02 degrees 13 minutes 55 seconds west a distance of 113.22 feet to a point; running thence north 04 degrees 42 minutes 37 seconds east a distance of 97.61 feel to a point; running thence north 10 degrees 46 minutes 53 seconds east a distance of 122.12 feet to a point; running thence north 12 degrees 33 minutes 45 seconds east a distance or 167.47 feet to a point; running thence north 12 degrees 39 minutes 07 seconds east a distance of 322.49 feet to a point; running thence north 15 degrees 47 minutes 05 seconds east a distance of 173.59 feel to a point; running thence north 21 degrees 25 minutes 02 seconds east a distance of 160.56 feet to a point; running thence north 23 degrees 30 minutes 12 seconds east a distance of 132.23 feet to a point; running thence north 22 degrees 39 minutes 57 seconds east a distance of 112.26 feet to a point; running thence north 18 degrees 35 minutes 06 seconds east· a distance of 109.33 feet to a point; running thence north 12 degrees 30 minutes 00 seconds east a distance of 126.81 feet to a point; running thence north 09 degrees 07 minutes 09 seconds east a distance of 186.12 feet to a point; running thence north 10 degrees 50 minutes 25 seconds east a distance of 106.02 feet to a point; running thence north 11 degrees 21 minutes 22 seconds east a distance of 286.58 feet to a point; running thence north 14 degrees 03 minutes 12 seconds east distance of 202.80 feet to a point; running thence north 14 degrees 44 minutes 30 seconds east a distance of 221.02 feet to a point; running thence north 15 degrees 33 minutes 03 seconds east a distance of 191.75 feet to a point; running thence north 15 degrees 48 minutes 03 seconds east a distance of 37.93 feet to an iron pin set; thence leaving the right of way and running south 88 degrees 52 minutes 07 seconds west a distance of 2089.63 feet to the POINT OF BEGINNING, containing 119.263 acres, and being shown as Parcel “A” on a plat of survey for Stanley E. Thomas, made by Christopher Brothers Surveyors, bearing the seal of John R. Christopher, Ga. R.L.S. No. 1766, dated June 15, 1995. ALSO: All that tract or parcel of land situate, lying and being in Land Lot 97 of the First Land District of Coweta County, Georgia, being identified as Lot 1 containing 7.283 acres, Lot 2 containing 3.896 acres Lot 3 containing 5.869 acres, Lot 4 containing 5.310 acres, Lot 5 containing 8.187 acres and Lot 6 containing 2.992 acres according to plat of survey for Carl A. Robertson dated April 11, 1984 made by Patton, Patton & Burchfield, Inc., Georgia Registered Land Surveyors of record in Plat Book 33, page 151, in the Office of the Clerk of the Superior Court of Coweta County, Georgia reference to which plat is hereby made for a more particular and accurate description of the property herein conveyed. Also conveyed herewith is a non-exclusive perpetual easement for the purposes of ingress and egress from the above-described property to the right of way of Gordon Road over, through and across that certain tract of land designated as 50 foot easement road as shown on the above-referenced plat of survey and as established by that certain Order entered into the Clerk’s Office of Coweta Superior Court on June 30, 1992 for Civil File No. 90-V-1131, a certified copy of which is of record in Deed Book 1295, page 503, Coweta County, Georgia records, reference to said survey and Order are hereby made for a more particular and accurate description of the easement herein conveyed.
No.67331-9-7-14-21-28
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PostedSeptember 07, 2017