Under and by virtue of the power of sale granted by GATOR RESERVE DEVELOPERS, LLC (“Grantor”) to PRIMESOUTH BANK – BLACKSHEAR, (“Grantee”) in that certain Real Estate Deed to Secure Debt, dated on or about January 5, 2009, executed by GATOR RESERVE DEVELOPERS, LLC, recorded in Deed Book 454, Page 4, Appling County, Georgia deed or public records, as the same may have been renewed, amended, assigned, modified and/or extended from time to time, as assigned by PRIMESOUTH – BLACKSHEAR to RLF BLACK WATER RESERVE, LLC, pursuant to that certain Assignment of Deed to Secure Debt and other Loan Documents dated November 5, 2013, (hereinafter, said Real Estate Deed to Secure Debt, 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 $1,583,028.25, 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”), RLF BLACK WATER RESERVE, LLC, as Assignee of 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 January, 2014, to-wit: January 7, 2014, 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 2nd Land District of Appling County, Georgia, consisting of One Hundred Ninety-Three (193) parcels, which are more particularly described as Lots 1 through 236, inclusive, of that subdivision of lands known as BLACK WATER RESERVE, less and except Lots 2, 6, 16, 18, 26, 28, 34, 37, 38, 39, 40, 41, 42, 43, 54, 65, 74, 80, 86, 94, 108, 122, 123, 125, 126, 127, 128, 129, 131, 134, 137, 178, 192, 194, 201, 209, 210, 212, 213, 218, 220, and 221 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 Lots 164, 165, 166, 176, 182, and 199, more particularly described in Plat Book 17, Pages 53-68, aforesaid 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. This sale is conducted pursuant to that certain Order Granting PrimeSouth Bank’s Motion for Relief from Stay entered on October 29, 2013 by the United States Bankruptcy Court for the Northern District of Georgia in Case No. 13-62283-WLH.
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. The property is more commonly known as certain real property located on Zoar Road, in unincorporated Appling County, but having no street address pursuant to the Appling County Board of Assessors and bearing tax identification number 0022 040.
Upon information and belief, said real property is presently in the possession or control of GATOR RESERVE DEVELOPERS, LLC 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.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Published: December 11, 2013, December 18, 2013, December 25, 2013 and January 1, 2013.
GATOR RESERVE DEVELOPERS, LLC
BY: RLF BLACK WATER RESERVE, LLC, As Assignee of PRIMESOUTH BANK-BLACKSHEAR, AS THEIR ATTORNEY-IN-FACT
Edgar M. Smith
HUNTER, MACLEAN, EXLEY & DUNN, P.C.
Post Office Box 9848
Savannah, Georgia 31412
12-11, 12-18, 12-25 & 1-1pd
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