NOTICE OF SALE UNDER POWER GEO...

NOTICE OF SALE UNDER POWER GEORGIA, COLQUITT COUNTY WHEREAS, CAS CONSTRUCTION ENTERPRISES, LLC (Borrower) did execute to FIRST NATIONAL BANK OF DECATUR COUNTY (Lender) the Deeds to Secure Debt described hereinbelow to the following lands: TRACT 1 All that certain piece, parcel or tract of land situate, lying and being in Land Lot 301 of the 9th Land District of Colquitt County, Georgia, being particularly described as follows: Commence at the point where the East margin of the right of way of China Grove Church Road intersects the South margin of the right of way of Georgia State Highway No. 37 and from said POINT OF BEGINNING, proceed along the South margin of the right of way of Georgia State Highway No. 37 a distance of 316.13 feet (said arc having a chord bearing of South 57 degrees 52 minutes 28 seconds East and a chord distance of 316.12 feet and a radius of 11,429.40 feet) to a point; thence run South 57 degrees 5 minutes 12 seconds East along the South margin of the right of way of Georgia State Highway No. 37 a distance of 327.44 feet to a point; thence proceed North 82 degrees 59 minutes 11 seconds West a distance of 327.44 feet to a point; thence proceed North 82 degrees 59 minutes 23 seconds West a distance of 259.59 feet to a point located on the East margin of the right of way of China Grove Church Road; thence proceed North 4 degrees 28 minutes 37 seconds East along the eastern margin of China Grove Church Road a distance of 491.38 feet to the point of beginning. Said tract containing 3.0 acres according to a plat entitled Property of Ann Marie Conger prepared by Hurley J. Griffin, RLS, dated July 12, 1993, which said plat is incorporated herein by reference. TRACT 2 33.05 acres in Land Lot 301 in the 9th Land District of Colquitt County, Georgia, being more particularly shown as Tract 1 on a survey prepared by Larry W. Grogan, GRLS No. 1649, dated December 17, 2029, and entitled Division of Parent Tract Survey for Tract 1 CAS Construction Enterprises, LLC Tract 2 Malcolm R. Rainey and Lisa G. Rainey Tract 3 Linda W. Rehberg recorded in Plat Book 46, Page 103, Colquitt County records, which said plat and the record thereof are by reference incorporated herein and made a part hereof. The aforesaid lands are referred to herein as the Property. To secure the following indebtednesses : (a) that certain promissory note dated August 10, 2022 in the principal sum of $55,100.00; and (b) all renewals and extensions thereof, and all additional loans and advances that might subsequently be made to Borrower by Lender, and all other indebtedness of Borrower to Lender, all as is more particularly shown by the following described Deeds to Secure Debt: (a) that certain Deed to Secure Debt from Borrower to Lender dated August 10, 2022 and recorded in Deed Book 1512, Pages 0028-0038 in the Land Records of Colquitt County, Georgia [33.05 acres/Colquitt County Tax Parcel C070 032D]; and (b) that certain Deed to Secure Debt from Borrower to Lender dated August 10, 2022 and recorded in Deed Book 1512, Pages 0039-0050 in the Land Records of Colquitt County, Georgia [3.0 acres/Colquitt County Tax Parcel C070 057] (the Deeds to Secure Debt); Whereas, the aforesaid Deeds to Secure Debt and the indebtednesses secured thereby are owned and held by Lender. Whereas, the Borrower defaulted by failing to pay the indebtednesses secured by said Deeds to Secure Debt and in accordance with the provisions of the notes and said Deeds to Secure Debt, the undersigned has exercised its option to declare the remainder of said indebtednesses immediately due and collectible. Now, therefore, according to the terms of the said Deeds to Secure Debt and the law in such cases made and provided, the undersigned will expose the Property for sale to the highest and best bidder for cash, after proper advertisement, on THE FIRST TUESDAY IN NOVEMBER, 2023 (November 7, 2023) BETWEEN THE LEGAL HOURS OF SALE BEFORE THE COURTHOUSE DOOR IN MOULTRIE, COLQUITT COUNTY, GEORGIA. The proceeds from said sale will be used first for the payment of the total indebtednesses now owed Lender, including principal, interest, attorneys fees and expenses, and the balance, if any, will be delivered to the persons legally entitled thereto. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is: Stephen Whittaker First National Bank of Decatur County 819 E. Shotwell Street P.O. 10 Bainbridge, Georgia 39818 (229) 246-3131 (229) 246-3299 (fax) The secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Notice of the initiation of proceedings to exercise the power of sale contained in said Deeds to Secure Debt has been provided to Borrower in accordance with O.C.G.A. Section 44-14-162.2. 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, deeds to secure debt and all other matters of record superior to said Deeds to Secure Debt first set out above, including, but not limited to, the following Security Deed presently of record: that certain Security Deed from CAS Construction Enterprises, LLC to Southwest Georgia Bank dated January 16, 2020 in the original principal sum of $205,870.72 recorded January 17, 2020 in Deed Book 1396, Page 86 in the Land Records of Colquitt County, Georgia, as modified by that Modification of Security Deed recorded May 17, 2023 in Deed Book 1540 Page 195 of the aforesaid records. To the best knowledge and belief of the undersigned, the party in possession of the Property is CAS CONSTRUCTION ENTERPRISES, LLC, the grantor of said Deeds to Secure Debt or any tenants claiming, by through, or under said grantor and the street addresses of said Property is: (i) 33.05 acres adjacent to Roberts Road, Land Lot 301 of the 19th District, Colquitt County, Georgia; and (ii) 5490 GA HWY 37 E, Moultrie, Georgia. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of said Deed to Secure Debt. This 5th day of October 2023. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FIRST NATIONAL BANK OF DECATUR COUNTY By: /s/ David A. Kendrick David A. Kendrick of Kendrick Law Firm LLC as Attorneys for First National Bank of Decatur County Attorney-in-fact for CAS CONSTRUCTION ENTERPRISES, LLC 744623 10/11,18,25;11/01/2023