Because of a default in the payment of the indebtedness secured by that certain Real Estate Deed to Secure Debt, dated on or about January 5, 2009, executed by COMMODORE FORREST HOLDINGS, L.L.C., recorded in Deed Book 454, Page 34, Appling County, Georgia deed or public records, as the same may have been renewed, amended, assigned, modified and/or extended from time to time, (hereinafter, said security deed, as renewed, amended, assigned, modified and/or extended from time to time, is referred to as the "Security Deed"), and securing a Universal Note dated on or about May 25, 2010, in the original principal amount of approximately $1,577,061.25, more or less (hereinafter, said note, as the same may have been renewed, amended, assigned, modified and/or extended from time to time, is referred to collectively as the “Note”), PRIMESOUTH BANK - BLACKSHEAR, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the said note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in April, 2013, to-wit: April 2, 2013, during the legal hours of sale, before the APPLING COUNTY Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All those tracts or parcels of land situate, lying and being in Original Land Lots No. 373, 374, 347, 346, 326, 327, 297, 298, 299, 300 and 279 of the 2"d Land District of Appling County, Georgia, consisting of One Hundred Seventy-Three (173) parcels, which are more particularly described as Lots 237 through 438, inclusive, of that subdivision of lands known as BLACK WATER RESERVE, less and except Lots 248, 251, 256, 273, 276, 280, 281, 283, 290, 293, 294, 298, 309, 318, 329, 332, 337, 338, 339, 343, 344, 345, 346, 355, 356, 369, 370, 388, 391, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 423, 425, 426, and 433 and which are more particularly described on that certain plat of survey prepared by Wayne B. Dukes, Registered Land Surveyor, dated September 20, 2006, and recorded in Plat Book 17, Pages 53-68, in the office of the Clerk of Superior Court of Appling County, Georgia. Said
plat is incorporated herein by reference for a more complete description of the said lots and for all other purposes.
A ONE-THIRD (1/3) UNDIVIDED INTEREST IN AND TO THE FOLLOWING DESCRIBED PARCELS:
All of the roads, rights-of-way, easements for ingress and egress, utility easements and all un-numbered parcels located within the subdivision known as BLACK WATER RESERVE and described on that plat of survey recorded in Plat Book 17, Pages 53-68 in the office of the Clerk of the Superior Court of Appling County, Georgia, including, but not limited to, all of the private roads designated on said plat of survey as Black Creek Lane, Black Creek Drive, Black Creek Trail, Dogwood Way, Black Creek Way, Laurel Court, Dogwood Lane, Dogwood Trail, Maple Terrace, Maple Lane, Laurel Way, Black Creek Run, Dogwood Court, Maple Trail, Black Creek Terrace, Maple Way, Laurel Drive, Black Creek Loop, Laurel Lane, Maple Court, Maple Place, Laurel Run, Black Creek Place and Black Creek Road.
LESS AND EXCEPT that certain lot, tract or parcel of land designated as Lot 259, and being more fully described in that certain Quit Claim Deed, dated July 23, 2010, and recorded in Deed Book 471, Page 409, Appling County, Georgia Deed records.
LESS AND EXCEPT that certain lot, tract or parcel of land designated as Lot 427, and being more fully described in that certain Quit Claim Deed, dated November 8, 2011, and recorded in Deed Book 488, Page 785, Appling County, Georgia Deed records.
This 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 as to the amount and status of the loan with the holder of the said security deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is PrimeSouth Bank - Blackshear, 530 Memorial Drive, Waycross, GA 31501. The telephone number is (912) 283-6685.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and/or inspection of the real property, and all matters of or in the public records and applicable to the said real property, including but not limited to any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and other matters of record, and including but not limited to those superior to the security deed first set out above.
To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the said security deed may determine.
Upon information and belief, said real property is presently in the possession or control of COMMODORE FORREST HOLDINGS, L.L.C. and/or BLACKWATER RESERVE DEVELOPMENT, LLC and/or persons or entities occupying said real property as tenants or lessees thereof and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said security deed and the excess proceeds, if any, will be distributed as provided by law.
PRIMESOUTH BANK - BLACKSHEAR
as Attorney-in-Fact for
COMMODORE FORREST HOLDINGS, L.L.C.
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Tenth Floor
Savannah, Georgia 31401
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF PRIMESOUTH BANK - BLACKSHEAR AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
3-6, 3-13, 3-20 & 3-27ch
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