NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF STEPHENS
Under and by virtue of the power of sale contained in that certain Commercial Deed to Secure Debt and Security Agreement from C. Danny Mabry, a/k/a Carey Daniel Mabry, an individual, (Grantor) to and in favor of AFB&T, a Georgia State Bank Corporation (the Lender) that is dated December 22, 2006, recorded in Deed Book 791 beginning at Page 333, Stephens County, Georgia records, as last modified by the Modification of Commercial Deed to Secure Debt and Security Agreement from Grantor to Lender that is dated September 25, 2013, and recorded in Deed Book 1025 beginning at Page 79, Stephens County Records, as thereafter assigned to OSK II, LLC by VFC Partners 31 LLC by an Assignment of Loan and Liens dated October 30, 2015, recorded in Deed Book 1077 at Page 459-461, aforesaid records (as modified and assigned the Security Deed), given to secure the debt evidenced by the Promissory Note of Grantor dated December 22, 2006, in the original principal amount of Fifty Thousand and 00/100 ($50,000.00) Dollars (as modified and assigned to OSK II, LLC the Note), there will be sold by the undersigned OSK II, LLC, a Minnesota limited liability company and holder of the Security Deed and Note, by public outcry to the highest bidder for cash before the Courthouse door in Stephens County, Georgia, during the legal hours of sale on the first Tuesday in September, 2017, to wit: September 5, 2017 the following described improved tract of land ( the Property), to wit:
All that tract or parcel of land lying and being in the City of Toccoa, Stephens County, Georgia, on the North side of Skyview Lane and more fully described as follows: BEGINNING at an iron pin corner on the North side of Skyview Lane next to property of Crowe, said iron pin corner being 110 feet Southwest of the intersection of Skyview Lane and Price Street and running thence along the right of way of Skyview Lane South 68 degrees, 28 minutes West 98 feet to an iron pin corner next to property of Gilbert; thence along the line of Gilbert North 07 degrees 14 minutes West 162.5 feet to an iron pin corner next to the property of Loden; thence along the line of Loden and Brackett North 69 degrees 20 minutes East 80 feet to an iron pin corner; thence continuing along the line of Brackett South 08 degrees 32 minutes East 35.3 feet to an iron pin corner; thence along the line of Crowe South 14 degrees 35 minutes East 122.7 feet to the beginning iron pin corner and containing 0.31 acre according to plat and survey by Clelland A. Tyson, Registered Surveyor, dated June 21, 1972.
All that tract or parcel of land situate, lying and being in the City of Toccoa, Stephens County, Georgia, and lying off the North side of Skyview Lane and being a part of Lot E of the Martin and Green Subdivision and being more particularly described as Tract 2 on a plat of survey for C. Darrell Gilbert by Clelland A. Tyson dated June 8, 1977, recorded in Plat Book 9, Page 26, Stephens County Records, said tract containing 0.01 acre.
EXCEPT and not conveyed:
All that tract or parcel of land situate, lying and being in the City of Toccoa, Stephens County, Georgia on the North side of Skyview Lane and being part of Lot D of the Martin and Green Subdivision, containing 0.01 acre, and being more particularly described as Tract 3 on a plat of survey for C. Darrell Gilbert by Clelland A. Tyson, dated June 8, 1977, recorded in Plat Book 9, Page 26, Stephens County Records.
TOGETHER WITH ALL FIXTURES AND PERSONAL PROPERTY ATTACHED TO AND CONSTITUTING A PART OF SAID PROPERTY, IF ANY.
The indebtedness secured by the Security Deed has been and is hereby declared due because of the Grantors default under the terms of the Note and Security Deed, including, among other things, the failure to pay the indebtedness evidenced by the Note, as and when due in the manner provided for in the Note. The indebtedness remaining in default, the Security Deed has therefore become and is now foreclosable according to its terms. Accordingly, the Property will be sold by public outcry pursuant to the power of sale contained in the Security Deed for the purpose of paying all sums evidenced by the Note and secured by the Security Deed and all expenses of the sale, including attorneys fees (notice of intent to collect attorneys fees having been given) and the remainder, if any, will be paid to the person or persons legally entitled thereto as provided by Georgia law. Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who has full authority to negotiate, amend or modify all the terms of the above described Security Deed is as follows: Dwayne Young, c/o AmeriNat, 217 S. Newton Avenue, Albert Lea, MN 56007, (888) 263-7628, ext. 1381. The foregoing notwithstanding, nothing in O.C.G.A. 44-14-162.2 shall be construed to require OSK II, LLC to negotiate, amend, or modify the terms of the Security Deed. Said Property will be sold as the property of C. Danny Mabry a/k/a Carey Daniel Mabry subject to any outstanding ad valorem taxes and/or assessments (including taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any matters which might be disclosed by an accurate survey and inspection of the Property and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed. The sale will be conducted subject to (1) 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 the Security Deed pursuant to O.C.G.A. 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed under Power of Sale and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided for immediately above.
To the best of the undersigneds knowledge and belief, the owner of the Property is C. Danny Mabry a/k/a Carey Daniel Mabry or LTA Properties, LLC and the party or parties in possession of the Property is C. Danny Mabry a/k/a Carey Daniel Mabry or LTA Properties, LLC or tenant or tenants.
OSK II, LLC, a Minnesota limited liability company, as Agent and Attorney-in-Fact for C. Danny Mabry a/k/a Carey Daniel Mabry.
Ira L. Rachelson, Esq.
RACHELSON & WHITE, PC
3350 Riverwood Parkway
Atlanta, GA 30339
Telephone: (678) 990-5220
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.