NOTICE OF SALE UNDER POWER
GEORGIA, GILMER COUNTY
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from GARY BILLMYRE, a Florida resident (Borrower), to SARASOTA NAPLES ADVISORY PARTNERS, LLC, a Florida limited liability company (Lender) said Deed to Secure Debt and Security Agreement being dated May 3,2019, filed and recorded June 3, 2019 in Deed Book 2172, Page 50-74, records of Gilmer County Superior Court Clerk (the Security Deed), to secure a Promissory Note in the original principal amount of $250,000.00 (the Note), together with interest from the date thereof at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the court house door at Gilmer County, Georgia, within the legal hours of sale on Tuesday, August 4, 2020, the following described property (the Property):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 11TH DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING PART OF ORIGINAL LAND LOT NO. 3, CONTAINING 2.59 ACRES, AS PER PLAT OF SURVEY FOR VERNER HUGH MCCLAIN, JR. AND ANGELA R. MCCLAIN, MADE BY MARK E. CHASTAIN, GEORGIA REGISTERED LAND SURVEYOR NO. 2718, DATED JANUARY 29, 2003, RECORDED IN PLAT BOOK 40, PAGE 47, GILMER COUNTY, GEORGIA RECORDS; WHICH REFERENCE IS MADE FOR THE PURPOSE OF INCORPORATING THE SAME AS A PART HEREIN.
TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the Property.
AND TOGETHER WITH all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above.
AND TOGETHER WITH all right, title and interest of Grantor in and to all tangible personal property (the Personal Property) owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including machinery and equipment, furniture, furnishings and fixtures, and all inventory, and if this instrument is a construction mortgage, all construction materials and equipment; and all right of claim with respect to the proceeds of insurance which Grantor now or may hereafter acquire in the Property, Improvements, and Personal Property, and any and awards made for the taking by eminent domain, or by proceeding or purchase in lieu thereof, of the whole or any part of the Property and Improvements.
The debt secured by said Security Deed has been and is hereby declared due because of various events of default, including without limitation the failure to make payments when due. The debt remaining in default, this sale will be made for the purpose of applying the proceeds thereof to the payment of the debt secured by said Security Deed, all accrued interest and the expenses of the sale and all other payments provided for under said Security Deed, including attorneys' fees (notice of intent to collect attorneys' fees having been given); and the remainder, if any, shall be applied as provided by law.
Lender hereby reserves the right to sell the Property in one (1) parcel as an entirety, or in several parcels, as Lender may elect.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
James Scott Fox at Sarasota Naples Advisory Partners, LLC, can be contacted at (860) 798-5177 or by writing to 632 Venezia Grande Drive, Naples, FL 34119, to discuss alternatives to foreclosure. Mr. Fox has full authority to negotiate, amend, and modify all terms of the Security Deed with Borrower on behalf of Lender.
PLEASE UNDERSTAND THAT THE SECURED CREDITOR IS NOT REQUIRED BY LAW TO NEGOTIATE, AMEND, OR MODIFY THE TERMS OF THE INSTRUMENTS REFERENCED HEREIN.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is the Borrower, or a tenant or tenants. The sale will be conducted subject to (1) to 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.
SARASOTA NAPLES ADVISORY PARTNERS, LLC
Nathan T. Johns, Esquire Attorney for Sarasota Naples Advisory Partners, LLC
5565 Glenridge Connector NE, Suite 850
Atlanta, Georgia 30342 (770) 559-5592
Our File No. 6101.02
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
JULY 8-29. 584236