NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF STEPHENS. Under and by virtue of the power of sale contained in a Deed to Secure Debt with Power of Sale, originally dated November 14th , 2011, CRG INVESTMENTS CORP, conveyed the property real property hereinafter described to UNITED COMMUNITY BANK (Lender), recorded at Deed Book 968, Page 499-508, in the Office of the Clerk of the Superior Court of STEPHENS County, Georgia; together with rights under an that certain Assignment of Rents and Leases also dated November 14th, 2011, being recorded at Deed Book 969 Page 1, said County Records; to secure the indebtedness described therein, conveying the after-described property and securing a Note in the original principal amount of ONE MILLION ONE HUNDRED SEVENTY FOUR THOUSAND FOUR HUNDRED SEVENTY THREE AND 00/100 DOLLARS, ($1,174,473.00), with interest thereon as set forth therein; together with and referencing that additional related Note and cross collateralized Security instruments to secure the indebtedness described therein, so referencing that Hazardous Substances Certificate and Indemnity Agreement recorded at Deed Book 969 Page 6; those UCC Financing Statements applicable referenced of record in the Office of the Clerk of Superior Court for Stephens County, Georgia at Deed Book 1035, Page 138; at Deed Book 1031 Page 108; at Deed Book 1031 Page 119, conveying secured rights in equipment and business collateral; by CROWN RESOURCES LLC, in the capacities as Guarantor and Borrower under Notes and instruments so referenced above, with the additional principal balance as of January 1st, 2018 of NINE HUNDRED NINETY TWO THOUSAND NINE HUNDRED SEVENTY SEVEN and 08/100 DOLLARS, ($992,977.08) (hereinafter collectively referred to as the UCB Indebtedness); said UCB Indebtedness having been assigned to PBR, INC, A GEORGIA CORPORATION D/B/A SKAPS INDUSTRIES via instruments dated March 16th, 2018 and in accordance with an Omnibus Agreement between Lender and PBR, INC, A GEORGIA CORPORATION D/B/A SKAPS INDUSTRIES, (Collectively the Assignment), said assignment having been duly recorded of record on or about March 16th, 2018 in the Office of the Clerk of Superior Court for STEPHENS County, Georgia.
Because of default in the payment of the UCB Indebtedness secured by the Deed and loan instruments, and said default not having been made good in accordance with the terms and provisions of the Deed and the Notes secured thereby, The Lender has declared the entire amount of the indebtedness due, payable, and collectible and, pursuant to and in accordance with the power of sale contained in the Deed, will on the first Tuesday of May, 2018, between the legal hours for sale before the Courthouse door in STEPHENS County, Georgia, sell to the highest bidder for cash, the following described land, improvements and appurtenances, to wit:
All that tract or parcel of land situate, lying and being in the 1674 G.M.D Stephens County Georgia containing 6.79 acres lying on the Easterly right-of-way of Hayes-Wilbanks Road (60 R/W) and the Northerly right-of-way of State Route 17 (100 R/W) being more particularly described on a plat of survey for 1998 Augustus Partners prepared by Kenneth V. Cash, Georgia Registered Surveyor #2539, dated January 24th 2011, recorded in Plat Book 17, Page 917A, Stephens County Deed Records, the description contained therein being incorporated herein by reference and being more particularly described as follows: BEGINNING at the intersection of the Southeast Right-of-way of Hayes- Wilbanks Road with the Northeast right-of-way of State Route 17; thence running along the Southeast right-of-way of Hayes Wilbanks Road North 33 degrees 45 minutes 50 seconds east 22.49 feet, North 27 degrees 44 minutes 20 seconds East 50.34 feet, North 23 degrees 27 minutes 00 seconds East 49.25 feet, North 19 degrees 50 minutes 20 seconds East 48.85 feet, North 17 degrees 26 minutes 35 seconds East 50.59 feet: North 14 degrees 43 minutes 45 seconds East 49.27 feet. North 13 degrees 16 minutes 20 seconds East 49.13 feet North 12 degrees 50 minutes 50 seconds East 48.63 feet, North 12 degrees 12 minutes 10 seconds East 48.38 feet, North 12 degrees 05 minutes 15 seconds East 47.63 feet, North 12 degrees 27 minutes 40 seconds East 37.55 feet to an iron pin found; thence leaving said R/W and running South 63 degrees 43 minutes 55 seconds, East 624.50 feet to an iron pin found; thence continuing South 25 degrees 56 minutes 20 seconds West 288.60 feet to a point thence South 25 degrees 56 minutes 20 seconds West 20.83 feet to a point, thence South 25 degrees 56 minutes 20 seconds West 229.30 feet to an iron pin found located on the Northeast right-of-way of State Route 17; thence running along the Northeast right-of-way of State Route 17 136.61 feet along the arc of a circular curve to the left having a radius of 11,409 feet, chord bearing North 59 degrees 30 minutes 50 seconds West in a chord distance of 136.61 feet to a point and continuing along the Northerly right-of way of State Route 17 North 58 degrees 52 minutes 25 seconds West 416.85 feet to the BEGINNING POINT.
Grantor does hereby grant to the grantee, its successors and assigns appurtenant, non-exclusive easement for purposes of surface water drainage from the above described property to the Easement Area, CONTAINING 1.64 Acre as shown on the above described plat of survey. Grantor, its successors and assigns retains a right of ingress and Egress over and across the above described property for access to and from the Easement Area for the purpose of providing access in order to maintain the sediment control area located in the Easement Area as shown on the above described plat of survey. Grantee, its successors and assigns shall adequately maintain the landscaping and vegetation, including grass, on the above described property so as to minimize the surface water run off from the above described property to the Easement Area to the extent reasonably possible.
Subject to all easements and restrictions of record, if any.
The previously described tract or parcel of improved real property is designated according to the present system of numbering in STEPHENS County, Georgia as 2694 Hayes Wilbanks Road, Toccoa , STEPHENS County, Georgia.
The sale of which notice is hereby made will be made for the purposes of paying the Lender for the outstanding UCB Indebtedness, so secured by the Deed and instruments set forth herein, all expenses of sale, taxes, legally recoverable costs of collection including attorney's fees, (notice having been given as provided by law).
The property will be sold subject to and in accordance with applicable Third Party Lender Agreement(s) dated May 7th, 2012 including that recorded of record at Deed Book 982, Page 95, Stephens County, Georgia Records. The property will also be sold subject to (1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) outstanding ad valorem taxes and assessments, if any; (5) unpaid water, storm water, sewage and other utility assessments and or bills that constitute liens against the property, whether due and payable or not yet due and payable; (6) matters of record superior to the Deed first set out above; and (7) any superior rights, orders and or requirements under the United States Bankruptcy Code and or Internal Revenue Code, if any.
The sale noticed herein may also be subject to terms and conditions as required by private contract restrictions that may be of record, and any applicable local, state and federal law, including, but not limited to the Service Members Civil Relief Act.
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: Alec R. Hodson, Esq. on behalf of PBR, INC, a Georgia corporation d/b/a SKAPS INDUSTRIES Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness. To the best of the undersigned's knowledge and belief, the party in possession is CROWN RESOURCES LLC and CRG INVESTMENTS CORP, and/or their successors in interest if any. Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instruments, The Lender, as attorney in fact for CRG INVESTMENTS CORP. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. Quarterman, Hodson & Morang, P.C., By: Alec R. Hodson, 1671 Meriweather Drive, Suite 103, Watkinsville, Georgia 30677, (706) 543-7777.