Details for 40267952 Lithia Christian Center, Inc 5/10, 17, 24, 31;

Updated

40267952 Lithia Christian Center, Inc 5/10, 17, 24, 31; 2017

Notice of Sale Under Power Douglas County, Georgia Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement given by Lithia Christian Center, Inc. (“Grantor”) to Hamilton State Bank (“Lender”), as successor in interest to the Federal Deposit Insurance Corporation, in its capacity as Receiver for Douglas County Bank, dated April 26, 2005 and recorded April 27, 2005 in Deed Book 2144, Page 657, Douglas County, Georgia official records, as modified by that certain Modification Agreement dated March 13, 2008 and recorded March 14, 2008 in Deed Book 2680, Page 450, aforesaid records, as modified by that certain Modification Agreement dated July 29, 2011 and recorded August 1, 2011 in Deed Book 2951, Page 291, aforesaid records, as modified by that certain Modification of Deed to Secure Debt dated August 28, 2014 and recorded September 22, 2014 in Deed Book 3244, Page 773, aforesaid records, and as affected by that certain Assignment of Security Instruments and Other Loan Documents given by Federal Deposit Insurance Corporation, in its capacity as Receiver for Douglas County Bank, to Lender effective as of April 26, 2013 and recorded May 21, 2013 in Deed Book 3130, Page 179, aforesaid records (together with any and all amendments or modifications, hereinafter collectively referred to as the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated August 28, 2014 made payable by Grantor and Church at the Well Inc. (the “Borrowers”) to the order of Lender in the maximum principal amount of $459,142.19, together with interest thereon as set forth therein, and that certain Promissory Note dated August 28, 2014 made payable by the Borrowers to the order of Lender in the maximum principal amount of $12,121.46, together with interest thereon as set forth therein (together with any and all prior notes, amendments or modifications, hereinafter collectively referred to as the “Secured Indebtedness”), 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 June, 2017 (being June 6, 2017) the following described property located in Douglas County, Georgia, together with all improvements, personal property, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed (collectively, the “Property”): TRACT I ALL THAT TRACT or parcel of land lying and being in Land Lots 666 and 627 of the 18th District and 2nd Section of Douglas County, Georgia, and being more particularly described as follows: BEGINNING at a rock and iron pin found at the southwest corner of Land Lot 627 (which is the common corner of Land Lots 627, 628, 665 and 666, said District and Section); running thence North 0 degrees 48 minutes East along the west line of said Land Lot 627 a distance of 471.7 feet to an iron pin on the south line of property now or formerly owned by Emily H. Miller, running thence North 86 degrees 38 minutes East along the south line of said Miller property a distance of 147.3 feet to an iron pin at the southwest corner of property now or formerly owned by Clifford S. Berry; running thence North 86 degrees 38 minutes East along the south line of said Berry property a distance of 150 feet to an iron pin; running thence North 81 degrees 13 minutes East along the south line of said Berry property a distance of 124.7 feet to an iron pin at the southwest corner of property now or formerly owned by Hunnicutt; running thence North 78 degrees 41 minutes East long the south line of said Hunnicutt property a distance of 125.9 feet to an iron pin; running thence South 15 degrees 27 minutes East a distance of 189.3 feet to an iron pin; running thence North 88 degrees 58 minutes East a distance of 24.9 feet to an iron pin; running thence South 02 degrees 41 minutes East a distance of 443.8 feet to an iron pin found on the northerly side of the right of way of Vulcan Drive in Land Lot 666, running thence westerly and northwesterly along the northerly and northeasterly side of the right of way of Vulcan Drive and following the curvature thereof, a distance of 672 feet to a point on the west line of Land Lot 666; thence running North 00 degrees 23 minutes East along the west line of Land Lot 666 a distance of 5.0 feet to the point of beginning. TRACT II ALL THAT TRACT or parcel of land lying and being in Land Lot 627 of the 18th District and 2nd Section of Douglas County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the northwest corner of the intersection of Vulcan Road and West Lake Drive; running thence north along the west side of West Lake Drive a distance of 154.3 feet to an iron pin; running thence west and forming an interior angle of 86 degrees 57 minutes with the west side of West Lake Drive a distance of 200 feet to an iron pin; running thence south and forming an interior angle of 89 degrees 24 minutes with the last given line a distance of 146 feet to an iron pin located on the north side of Vulcan Road; running thence east along the north side of Vulcan Road a distance of 190.5 feet to an iron pin located on the west side of West Lake Drive at the point of beginning; said parcel being more particularly shown on plat of survey prepared by B.H. Cox, dated May 14, 1969, for Walter and Katherine Dickinson, which said plat is incorporated herein by reference thereto in order to more fully show the courses and distances, metes and bounds of the said described premises: TRACT IV ALL THAT TRACT or parcel of land lying and being in Land Lot Not. 627 of the 18th District and 2nd Section of Douglas County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southerly side of the right of way of Groover Lake Road, 145 feet easterly along the southerly side of Groover Lake Road from the west line of Land Lot No. 627 and thence running south and parallel with said west line of Land Lot No. 627 a distance of 350 feet to a point and corner; thence running east and parallel with the south side of Groover Lake Road a distance of 150 feet to a point and corner; thence running north and parallel with the west line of Land Lot No. 627 a distance of 350 feet to a point located on the south side of the right of way of Groover Lake Road; thence running west along the south side of the right of way of Groover Lake Road a distance of 150 feet to a point and corner and the point of BEGINNING. The above-described property is real and personal property located at 2548 Vulcan Drive, 3574 Groovers Lake Road, and 7499 Vulcan Drive, Lithia Springs, Douglas County, Georgia 30122, according to the present system of numbering property in Douglas County, Georgia. 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. As the Secured Indebtedness remains in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorneys’ fees (written notice of intent to collect attorneys’ fees having been given). 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, 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 them. HAMILTON STATE BANK, as successor in interest to the Federal Deposit Insurance Corporation, in its capacity as Receiver for Douglas County Bank, Attorney-in-Fact and Agent for Lithia Christian Center, Inc. Erich N. Durlacher Kelly E. Waits Burr & Forman LLP 171 Seventeenth Street, N.W., Suite 1100 Atlanta, Georgia 30363 Email: edurlacher@burr.com kwaits@burr.com Phone: (404) 815-3000 Facsimile: (404) 817-3244 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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