12-1225 Linear Properties

12/6.13.20.27

STATE OF GEORGIA, COUNTY OF CARROLL NOTICE OF SALE UNDER POWER IN SECURITY DEED Because of a default in the payment of the indebtedness secured by a Security Deed executed by LINEAR PROPERTIES, LLC to FIRST GEORGIA BANKING COMPANY dated November 4, 2005, and recorded in Deed Book 3336, Page 004, Carroll County, Georgia Records, being last modified by Modification Agreement – Security Deed dated December 30, 2010, and recorded in Deed Book 5019, Page 168, Carroll County, Georgia Records, and being last assigned to CERTUSBANK, NATIONAL ASSOCIATION by Assignment of Loan Documents dated October 15, 2012, securing a Note, the holder thereof pursuant to said Security Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable pursuant to the power of sale contained in said Security Deed, will pursuant to O.C.G.A. Section 9-13-161 on January 2, 2013, during the legal hours of sale, before the Courthouse door in said county, sell at public outcry that normally would occur on the first Tuesday of January, 2013, to the highest bidder for case, the property described in said Deed, to wit: All that tract or parcel of land being more particularly described on the attached Exhibit “A”. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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. Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Security Deed. Said property will be sold as the property of the Linear Properties, LLC. The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Linear Properties, LLC, and the proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale, including attorney’s fees, all as provided in said Security Deed, and the balance, if any will be distributed as provided by law. Pursuant to O.C.G.A. §44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described Deed to Secure Debt is as follows: Lin Reed of CertusBank, National Association, 100 Tom Reeve Drive, Carrollton, Georgia 30117, Telephone number (678) 839-6732. The foregoing notwithstanding, nothing in O.C.G.A. §44-14-162.2 shall be construed to require CertusBank, National Association to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. CertusBank, National Association as Attorney-in-Fact for Linear Properties, LLC. Victor J. Harrison, Esq. Harrison & Horan, P.C. 3150 Golf Ridge Boulevard, Suite 101 Douglasville, Georgia 30135 (770) 942-4758 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A"
PROPERTY DESCRIPTION All that tract or parcel of property lying and being in Land Lots 81, 82, 111 and 112 of the 6th Land District of Carroll County, Georgia and being more particularly described in accordance with a plat of survey entitled "Survey for: LINEAR PROPERTIES, LLC", dated October 7, 2005, as prepared by Pioneer Land Surveying Co. and certified by Jacob Roland Harrison, GRLS #1134 as recorded in Plat Book 88, Page 51, of the Public Land Records of Carroll County, Georgia. Said plat and the record thereof are incorporated herein for a more accurate and detailed description of the Caption Property. LESS AND EXCEPT THE FOLLOWING TWO PARCELS: PARCEL ONE: All that tract or parcel of property lying and being in Land Lot 111 of the 6th Land District of Carroll County, Georgia and being more particularly described in accordance with a plat of survey entitled "Final Plat for: HIS PLACE, LLC CITIZENS BANK & TRUST OF WEST GEORGIA", dated 05/12/06 as revised 10/4/06 prepared by Crawford and Associates, C.H.F., Inc. and certified to by Douglas C. Crawford, GRLS#1833 as recorded in Plat Book 90, Page 121, of the Public Land Records of Carroll County, Georgia. Said plat and the record thereof are incorporated herein for a more accurate and detailed description of the property being excepted from the above described tract of land. PARCEL TWO: All that Tract or Parcel of property lying and being in Land Lot 111 of the 6th Land District of Carroll County, Georgia and being more particularly described in accordance with a plat of survey entitled "Property survey for: LINEAR PROPERTIES, LLC", dated 04/13/06, as prepared by Crawford & Associates, C.H.F., Inc. and certified to by Douglas C. Crawford, GRLS #1833 as recorded in Plat Book 89, Page 121, of the Public Land Records of Carroll County, Georgia. Said plat and the record thereof are incorporated herein for a more accurate and detailed description of the property being excepted from the above described tract of land. CAPTION PROPERTY IS CONVEYED SUBJECT TO THE FOLLOWING EASEMENTS: EASEMENT ONE: That certain twenty (20') foot wide easement titled "20’ Utility Easement" as more particularly described on survey referenced in Parcel One above. Said easement is subject to being released by the holder thereof the same being His Place, LLC, upon the availability of public sewer facilities to the Caption Property. EASEMENT TWO: That certain overhang easement right and right of access easement, granted to Gaston Enterprises Inc. to the "billboard" located on the Caption Property as more particularly described in instrument recorded in Deed Book 3541, Page 226 of the Public Land Records of Carroll County, Georgia. LESS & EXCEPT: All that tract or parcel of land 1ying and being in Land Lots 111 and 112 of the 5th District of Carroll County, Georgia, containing 8.85 acres, more or less, and being the property shown and delineated on a Property Survey for Tanner Medical Center, Inc., dated December 16, 2010, prepared by Georgia and West, Inc., certified by Douglas C. Crawford, Georgia Registered Land Surveyor No. 1833, a copy of which is recorded in Plat Book 96, Page 176, Carroll County, Georgia, Public Real Estate Records, which survey and the record thereof are by reference incorporated herein. Said property is more particularly described as follows: TO FIND THE POINT OF BEGINNING, COMMENCE at the intersection of the south right-of-way of Sandhill-Hickory Level Road and the west right-of-way of Old Ga. Highway 61, and from said point of intersection, running south 25 degrees 52 minutes 18 seconds west a distance of 1000.04 feet to a corner; thence continuing along the west right-of- way of Old Ga. Highway 61 along a curve having a radius of 913.53 feet, a length of 60.05 feet, a chord distance of 60.04 feet on a bearing of south 46 degrees 56 minutes 34 seconds west to a corner; thence leaving said right-of-way of Old Ga. Highway 61 and running north 45 degrees 00 minutes 58 seconds west a distance of 151.04 feet to an iron pin placed at the northeast corner of property now or formerly owned by Citizens Bank and Trust of West Georgia, and the POINT OF BEGINNING; and from said point of beginning, running along the north boundary of property now or formerly owned by Citizens Bank and Trust of West Georgia south 74 degrees 01 minute 32 seconds west a distance of 159.27 feet to an iron pin placed; thence running along the westerly boundary of property now or formerly owned by Citizens Bank and Trust of West Georgia south 02 degrees 53 minutes 10 seconds west a distance of 228.92 feet to an iron pin found on the north right-of-way of Old Ga. Highway 61; thence running along the north right-of-way of Old Ga. Highway 61 along a curve having a radius of 988.78 feet, a length of 55.60 feet, a chord distance of 55.59 feet on a bearing of south 69 degrees 56 minutes 25 seconds west to a corner; thence continuing along said right- of-way south 71 degrees 31 minutes 28 seconds west a distance of 625.50 feet to a wood railroad tie; thence leaving said right-of-way and running north 00 degrees 39 minutes 49 seconds west a distance of 380.98 feet to an iron pin found; thence running north 00 degrees 39 minutes 49 seconds west a distance of 31.59 feet to an iron pin placed; thence running north 89 degrees 54 minutes 02 seconds west a distance of 44 .79 feet to an iron pin placed on the east right-of-way of Ga. Highway 61 (variable right-of-way); thence running along the east right-of-way of Ga. Highway 61 the following courses and distances: north 41 degrees 51 minutes 28 seconds east a distance of 64.89 feet; north 46 degrees 15 minutes 24 seconds east 21.10 feet, and north 46 degrees 20 minutes 10 seconds east 495.39 feet to an iron pin placed; thence leaving said right-of-way and running south 47 degrees 22 minutes 53 seconds east a distance of 41.92 feet to an iron pin placed; thence running north 42 degrees 37 minutes 07 seconds east a distance of 17.91 feet to an iron pin placed; thence running south 46 degrees 50 minutes 05 seconds east a distance of 62.87 feet to an iron pin placed; thence running along a curve having a radius of 530.00 feet, a length of 74.84 feet, a chord distance of 74.77 feet on a bearing of south 50 degrees 52 minutes 47 seconds east to an iron pin placed; thence running south 54 degrees 55 minutes 30 seconds east a distance of 260.70 feet to an iron pin placed; thence running along a curve having a radius of 470.00 feet, a length of 81.28 feet, a chord distance of 81.18 feet on a bearing of south 49 degrees 58 minutes 14 seconds east to an iron pin placed; thence running south 45 degrees 00 minutes 58 seconds east 28.87 feet to an iron pin placed and the point of beginning. LESS AND EXCEPT all that tract or parcel of land lying and being in Land Lot 111 of the 5th District of Carroll County, Georgia, being the property identified as the Billboard Tract on that Property Survey for Tanner Medical Center, Inc., dated December 16, 2010, prepared by Georgia and West, Inc., certified by Douglas C. Crawford, Georgia Registered Land Surveyor No. 1833, a copy of which is recorded in Plat Book 96, Page 176, Carroll County, Georgia, Public Real Estate Records, which survey and the record thereof are by reference incorporated herein, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, COMMENCE at the intersection of the south right-of-way of Sandhill-Hickory Level Road and the west right-of-way of Old Ga. Highway 61, and from said point of intersection, running south 25 degrees 52 minutes 18 seconds west a distance of 1000.04 feet to a corner; thence continuing along the west right-of-way of Old Ga. Highway 61 along a curve having a radius of 913.53 feet, a length of 60.05 feet, a chord distance of 60.04 feet on a bearing of south 46 degrees 56 minutes 34 seconds west to a corner; thence leaving said right-of-way of Old Ga. Highway 61 and running north 45 degrees 00 minutes 58 seconds west a distance of 151.04 feet to an iron pin placed; thence running north 45 degrees 00 minutes 58 seconds west 28.87 feet to an iron pin placed; thence running along a curve having a radius of 470.00 feet, a length of 81.28 feet, a chord distance of 81.18 feet on a bearing of north 49 degrees 58 minutes 14 seconds west to an iron pin placed; thence running north 54 degrees 55 minutes 30 seconds west a distance of 260.70 feet to an iron pin placed; thence running along a curve having a radius of 530.00 feet, a length of 74.84 feet, a chord distance of 74.77 feet on a bearing of north 50 degrees 52 minutes 47 seconds west to an iron pin placed; thence running north 46 degrees 50 minutes 05 seconds west a distance of 62.87 feet to an iron pin placed; thence running south 42 degrees 37 minutes 07 seconds west a distance of 17.91 feet to an iron pin placed; thence running north 47 degrees 22 minutes 53 seconds west a distance of 41.92 feet to an iron pin placed on the east right-of-way of Ga. Highway 61 (variable right-of-way); thence running along the east right-of-way of Ga. Highway 61 south 46 degrees 20 minutes 10 seconds west 495.39 feet to a corner; thence leaving said right-of-way and running south 43 degrees 44 minutes 36 seconds east a distance of 24.50 feet to the POINT OF BEGINNING; from said point of beginning, running south 43 degrees 44 minutes 36 seconds east a distance of 10.00 feet to a corner; thence running north 46 degrees 15 minutes 24 seconds east a distance of 10.00 feet to a corner; thence running north 43 degrees 44 minutes 36 seconds west a distance of 10.00 feet to a corner; thence running south 46 degrees 15 minutes 24 seconds west a distance of 10.00 feet to the point of beginning. TOGETHER WITH all easement rights created under that certain Warranty Deed and Access and Utility Easement from Linear Properties, LLC, a Georgia limited liability company, to Tanner Medical Center, Inc., a Georgia non-profit corporation, dated December 30, 2010, recorded in Deed Book 4864, Page 113, Carroll County, Georgia, Public Real Estate Records.