• NOTICE OF SALE UNDER POWER ...

NOTICE OF SALE
UNDER POWER

Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (Coweta County Property) between Stanley E. Thomas, an individual resident of the State of Georgia (“Grantor”), Carole Reed Thomas, an individual resident of the State of Georgia, and Fourth Quarter Properties XLV, LLC, a Georgia limited liability company, and John D. Phillips, an individual resident of the State of Georgia (“Phillips”), dated as of December 22, 2008, recorded on December 22, 2008, in Deed Book 3409, Page 149, in the Coweta County, Georgia real property records and securing that certain Promissory Note dated December 22, 2008, in the original principal amount of $420,285.45, with interest therein stated (as modified, renewed or assigned, the “Note”), as subsequently modified from time to time and as assigned by Assignment of 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 situate, lying and being in Land Lots 134 and 135 of the Fifth Land District of Coweta County, Georgia containing 30.843 acres and Lot 11 of Willow Creek Subdivision, Phase 1 containing 4.870 acres according to plat of survey for Francis Guy dated June 16, 1995 made by John R. Christopher, Georgia Registered Land Surveyor of record in Plat Book 74, Page .55 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 perpetual nonexclusive easement for the purpose of ingress, egress and regress for vehicular and pedestrian traffic and utilities, over across and through that certain 30 foot wide strip identified as "Private Road" running in a northeasterly direction from Ga. Highway 70 Roscoe Road (20' paved) to property shown as "Property of Francis Guy" as shown on plat of survey of Celestial Acres, dated April 19, 1995 made by John R. Christopher, Registered Land Surveyor, as recorded in Plat Book 60, Page 104, in the Office of the Clerk of the Superior Court of Coweta County, Georgia to which plat reference is hereby made for a more particular and accurate description of the easement conveyed herein.
No.67332-9-7-14-21-28
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PostedSeptember 07, 2017