NOTICE OF SALE UNDER POWER STA...
NOTICE OF SALE UNDER POWER STA...
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LOWNDES By virtue of the power of sale contained in that certain Security Deed dated April 21, 2023, from STEVE J. LEE (Grantor) to AMERIS BANK (Grantee), recorded April 24, 2023, in Deed Book 6987, Pages 444-451, Lowndes County, Georgia Superior Court Records (said Security Deed, as may have been modified and assigned from time to time, hereinafter referred to as the Security Deed), said Security Deed being given to secure the payment of that certain Promissory Note dated April 21, 2023 from Lee Auto Sales & Service Inc. (the Borrower) to Grantee, in the original principal amount of FOUR HUNDRED TWENTY-EIGHT THOUSAND FOUR HUNDRED THIRTY-FOUR AND 50/100 DOLLARS ($428,434.50), with interest from the date thereof at the rate specified therein (said Note, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the Note), as guaranteed by that certain Commercial Guaranty dated April 21, 2023 from Grantor to Grantee (said Commercial Guaranty, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the Guaranty), wherein Grantor guaranteed the timely payment of the indebtedness evidenced by the Note, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Lowndes County, Georgia, within the legal hours of sale on the first Tuesday of April, 2024, the following described real property (the Land): ALL THAT TRACT or parcel of land situate, lying and being in the City of Valdosta, Lowndes County, Georgia, described as follows: Beginning at the northwest corner of the intersection of West Hill Avenue and Stevens Street now known as North Oak Street, and running thence north 27 degrees 19 minutes west along the west margin of Stevens Street now known as North Oak Street 142.4 feet to an iron pin in the ground; thence south 65 degrees 12 minutes west 155.9 feet to the east margin of Briggs Street where there is an iron pin in the ground; thence south 4 degrees 21 minutes east along the east margin of Briggs Street 11.1 feet to a iron pin in the ground on the east margin of said street; thence north 66 degrees 30 minutes east 20.7 feet; thence south 26 degrees east 141.8 feet to a point; on the on north margin of West Hill Avenue where there is an iron pin in the ground; thence north 66 degrees 50 minutes east along the north margin of West Hill Avenue 142.3 feet to the point of beginning; less and except any portion thereof which may have been taken for the widening of West Hill Avenue. There is also excepted from the above described property a certain rectangular shaped parcel measuring 20.9 x 11.1 jutting into the property of Valdosta Drug Co., immediately west of the above described property. TOGETHER WITH ANY AND ALL of the following: (i) all buildings, structures and improvements now located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all rents accruing therefrom now due; (iv) all accounts and contract rights now arising in connection with any part or parcel thereof or any buildings, structures or improvements now located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now affecting the Land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now located thereon, or in or on the buildings, structures and improvements thereon, and used in connection with the operation and maintenance thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now located thereon or any part or parcel thereof. All of the foregoing, together with said Land, are hereinafter collectively referred to as the Premises. The Premises are located in Lowndes County, Georgia at 300 West Hill Avenue, Valdosta, GA 31601. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note, Guaranty, and Security Deed including, but not limited, to the failure to make payments thereunder when due. 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 Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys fees as provided in the loan documents, notice of intention to collect attorneys fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. Grantee reserves the right to sell the Premises in one parcel and as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of Grantees knowledge and belief, the parties in possession of the Premises are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor. Ameris Bank is the secured creditor under the Security Deed and the loan being foreclosed. The individual who has full authority to negotiate, amend, and modify all terms of the loan on behalf of Grantee is Patrick Brodmann, SVP, Special Assets Division, for Ameris Bank, 24 Drayton Street, Suite 800, Savannah, GA 31401, Phone: 912.944.2600. Said Premises will be sold as the property of Grantor subject to (1) the right of redemption of any taxing authority; (2) any matters which might be disclosed by an accurate survey and inspection of the Premises, and (3) all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rightsofway, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. AMERIS BANK, ATTORNEY-IN-FACT FOR STEVE J. LEE Taylor English Duma LLP 1600 Parkwood Circle, Suite 200 Atlanta, Georgia 30339 Attn: LaTise Miller, Esq. (678) 336-7148 780040 03/08,15,22,29/2024
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LOWNDES By virtue of the power of sale contained in that certain Security Deed dated April 21, 2023, from STEVE J. LEE (Grantor) to AMERIS BANK (Grantee), recorded April 24, 2023, in Deed Book 6987, Pages 444-451, Lowndes County, Georgia Superior Court Records (said Security Deed, as may have been modified and assigned from time to time, hereinafter referred to as the Security Deed), said Security Deed being given to secure the payment of that certain Promissory Note dated April 21, 2023 from Lee Auto Sales & Service Inc. (the Borrower) to Grantee, in the original principal amount of FOUR HUNDRED TWENTY-EIGHT THOUSAND FOUR HUNDRED THIRTY-FOUR AND 50/100 DOLLARS ($428,434.50), with interest from the date thereof at the rate specified therein (said Note, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the Note), as guaranteed by that certain Commercial Guaranty dated April 21, 2023 from Grantor to Grantee (said Commercial Guaranty, as may have been renewed, modified and assigned from time to time, hereinafter referred to collectively as the Guaranty), wherein Grantor guaranteed the timely payment of the indebtedness evidenced by the Note, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Lowndes County, Georgia, within the legal hours of sale on the first Tuesday of April, 2024, the following described real property (the Land): ALL THAT TRACT or parcel of land situate, lying and being in the City of Valdosta, Lowndes County, Georgia, described as follows: Beginning at the northwest corner of the intersection of West Hill Avenue and Stevens Street now known as North Oak Street, and running thence north 27 degrees 19 minutes west along the west margin of Stevens Street now known as North Oak Street 142.4 feet to an iron pin in the ground; thence south 65 degrees 12 minutes west 155.9 feet to the east margin of Briggs Street where there is an iron pin in the ground; thence south 4 degrees 21 minutes east along the east margin of Briggs Street 11.1 feet to a iron pin in the ground on the east margin of said street; thence north 66 degrees 30 minutes east 20.7 feet; thence south 26 degrees east 141.8 feet to a point; on the on north margin of West Hill Avenue where there is an iron pin in the ground; thence north 66 degrees 50 minutes east along the north margin of West Hill Avenue 142.3 feet to the point of beginning; less and except any portion thereof which may have been taken for the widening of West Hill Avenue. There is also excepted from the above described property a certain rectangular shaped parcel measuring 20.9 x 11.1 jutting into the property of Valdosta Drug Co., immediately west of the above described property. TOGETHER WITH ANY AND ALL of the following: (i) all buildings, structures and improvements now located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all rents accruing therefrom now due; (iv) all accounts and contract rights now arising in connection with any part or parcel thereof or any buildings, structures or improvements now located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now affecting the Land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now located thereon, or in or on the buildings, structures and improvements thereon, and used in connection with the operation and maintenance thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now located thereon or any part or parcel thereof. All of the foregoing, together with said Land, are hereinafter collectively referred to as the Premises. The Premises are located in Lowndes County, Georgia at 300 West Hill Avenue, Valdosta, GA 31601. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note, Guaranty, and Security Deed including, but not limited, to the failure to make payments thereunder when due. 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 Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys fees as provided in the loan documents, notice of intention to collect attorneys fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. Grantee reserves the right to sell the Premises in one parcel and as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of Grantees knowledge and belief, the parties in possession of the Premises are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor. Ameris Bank is the secured creditor under the Security Deed and the loan being foreclosed. The individual who has full authority to negotiate, amend, and modify all terms of the loan on behalf of Grantee is Patrick Brodmann, SVP, Special Assets Division, for Ameris Bank, 24 Drayton Street, Suite 800, Savannah, GA 31401, Phone: 912.944.2600. Said Premises will be sold as the property of Grantor subject to (1) the right of redemption of any taxing authority; (2) any matters which might be disclosed by an accurate survey and inspection of the Premises, and (3) all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rightsofway, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. AMERIS BANK, ATTORNEY-IN-FACT FOR STEVE J. LEE Taylor English Duma LLP 1600 Parkwood Circle, Suite 200 Atlanta, Georgia 30339 Attn: LaTise Miller, Esq. (678) 336-7148 780040 03/08,15,22,29/2024
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