Details for 40284979 HSB/Great West Realty Inc 1/10, 17, 24, 31;
40284979 HSB/Great West Realty Inc 1/10, 17, 24, 31; 2018
Notice of Sale Under Power Georgia, Douglas County Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt given by Great West Realty, Inc., a Georgia Corporation ("Grantor") to Douglas County Bank dated November 20, 2007 and recorded in Deed Book 2659, Page 379, Douglas County, Georgia, records; as affected by that certain Hypothecation Agreement by and between Mesa Built, Inc., Great West Realty, Inc. and Douglas County Bank, dated November 20, 2007, and recorded in Deed Book 2659, Page 384, aforesaid Records; as modified by that certain Modification Agreement by and between Great West Realty, Inc. and Douglas County Bank, dated September 8, 2008, and recorded in Deed Book 2733, Page 994, aforesaid Records; as further affected by that certain Hypothecation Agreement by and between Mesa Built, Inc., Great West Realty, Inc. and Douglas County Bank, dated September 8, 2008, and recorded in Deed Book 2733, Page 997, aforesaid Records; as further modified by that certain Modification Agreement by and between Mesa Built, Inc., Great West Realty, Inc. and Douglas County Bank, dated effective July 10, 2012 and recorded in Deed Book 3082, Page 118, aforesaid Records (together with any other amendments or modifications of record, the “Security Deed”), conveying the property described below to secure repayment of that certain indebtedness evidenced by a promissory note signed by Mesa Built Inc. on or about November 20, 2007 in the amount of $325,000.00, as such note may have been modified, renewed, refinanced, increased or replaced from time to time, and such indebtedness being further evidenced by a judgment in the amount of $591,327.35 entered in favor of Hamilton State Bank ("Lender") in civil action number 17cv00962 Superior Court of Douglas County and said judgment being evidenced further by a Writ of Fieri Facias recorded in the general execution docket or lien docket of the Superior Court of Douglas County at Book 213 Page 80 (together with interest thereon as set forth therein collectively hereinafter referred to as the “Secured Indebtedness”), said Security Deed and Secured Indebtedness having been assigned to Lender by the Federal Deposit Insurance Corporation as Receiver for Douglas County Bank as reflected by that certain Assignment of Security Instruments and Other Loan Documents recorded at Deed Book 3130 Page 179 Douglas County Records, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Douglas County, Georgia, within the legal hours of sale on the first Tuesday in February 2018, the following described parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed: All that tract or parcel of land lying and being in Land Lots 913 and 969 of the 18th District, 2nd Section of Douglas County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the northeasterly edge of the right of way of Georgia Highway 92 (100 foot right of way) with the northwesterly edge of the right of way of County Line Road (50 foot right of way); proceeding thence north 71 degrees 56 minutes 35 seconds west along Georgia Highway 92, 53.39 feet to a point; thence north 01 degree 04 minutes 00 seconds east 460.52 feet to an iron pin found; thence south 65 degrees 26 minutes 10 seconds east 382.9 feet to a point on the northwesterly edge of the right of way of County Line Road; thence along said road south 27 degrees 12 minutes 55 seconds west 43.97 feet to a point; thence along said road south 34 degrees 43 minutes 35 seconds west 79.06 feet to a point; thence along said road south 45 degrees 20 minutes 48 seconds west 65.18 feet to a point; thence along said road south 49 degrees 12 minutes 00 seconds west 256.99 feet to the point of beginning. The captioned premises being 2.246 acres as shown per plat of survey for William J. Pilgrim, Jr., prepared January 11, 1985, by Vansant Turner Hughes and Smith, Surveyors, which plat of survey by reference thereto is incorporated in this description. LESS AND EXCEPT from the above-described property that portion of the property conveyed by that certain Right of Way Deed from Great West Rental Center, a partnership to Department of Transportation, undated, filed for record November 28, 1989 in Deed Book 664, Page 729, Douglas County, Georgia records. The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and possible expenses of this sale, as provided in the Security Deed and by law. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through Grantor. HAMILTON STATE BANK, assignee of the FDIC as Receiver for Douglas County Bank and Attorney-in-Fact and Agent for Great West Realty, Inc. Erich N. Durlacher Burr & Forman LLP Suite 1100, 171 17th Street, N.W. Atlanta, Georgia 30363 Email: email@example.com (404) 815-3000 (Phone) (404) 214-7930 (Fax) THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.