NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in that certain Security Deed Danielle Suzanne Turner (hereinafter referred to as "Grantor") to Pinnacle Bank ("Grantee"), dated June 28, 2016, filed and recorded June 29, 2016, in Deed Book 599, Page 326, Elbert County, Georgia Records, as last modified of record by that certain Modification of Security Deed dated December 2, 2016 and recorded December 13, 2016, in Deed Book 606, Page 441, aforesaid records (as modified, the "Security Deed"), conveying the after-described property to secure that certain Promissory Note dated July 11, 2017 from Grantor to Grantee in the original principal amount of Three Hundred Sixteen Thousand Nine Hundred Thirteen and 65/100 Dollars ($316,913.65), with interest thereon as set forth therein (the "Note"), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Elbert County, Georgia, within the legal hours of sale on the first Tuesday in August, 2020, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the City of Elberton, 189th G.M. District, Elbert County, Georgia, and being more particularly described on a Plat of Survey prepared by A.P. Stevens, Jr., RLS, dated March 24, 1986, and recorded at Plat Book 15, Page 029, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described. This property is bounded now or formerly as follows: On the North by Daniel Turner; on the East by O'Neal, Bond and Garrett; on the South by a public road known as Elbert Street; and on the West by a public road known as Tusten Street Extension.
All that tract or parcel of land, with improvements thereon, lying and being in the City of Elberton, 189th G.M. District, Elbert County, Georgia, and being better known and described as Lot No. 2 on a Plat of Survey prepared by A.P. Stevens, Jr., RLS, dated March 21, 1986, and recorded at Plat Book 18, Page 359, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described. This property is bounded now or formerly as follows: On the Northeast by Seaboard Coastline Railroad; on the Southeast by Garrett and Barnes, et al.; on the Southwest by Lot No. 1; and on the Northwest by Tusten Street Extension.
These are those same tracts or parcels of land conveyed to Daniel Justin Turner, Individually and as Trustee of the Trust under Item II of the Last Will and Testament of Daniel Harrison Turner, deceased, dated May 08, 2007, and recorded on May 09, 2007, at Deed Book 442, Pages 253-254; subsequently conveyed by Daniel Justin Turner (Individually) by Warranty Deed to Danielle Suzanne Turner, dated March 24, 2016, and recorded at Deed Book 594, Pages 316-317; and subsequently conveyed by Daniel Justin Turner, as Trustee of the Trust under Item II of the Last Will and Testament of Daniel Harrison Turner, deceased, to Danielle Suzanne Turner, dated June 23, 2016, and recorded on June 24, 2016, at Deed Book 599, Pages 245-246, Elbert Superior Court Records.
All that tract or parcel of land, with improvements thereon, lying and being in the City of Elberton, Elbert County, Georgia, known as the Northern portion of Lot 3-3H, Elbert Street Urban Renewal Area; said property being bounded now or formerly as follows: On the Northeast by the Seaboard Railroad right-of-way; on the Southeast by Bartlett Street; on the Southwest by the Southern portion of said Lot 3-3H, property of Ozie L. Garrett, et al; and on the Northwest by lands of Daniel H. Turner; said property being described more particularly in a Plat of Survey prepared by Clelland A. Tyson, RS, dated February 23, 1976, and recorded at Plat Book 10, Page 060, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described.
This is that same tract or parcel of land designated as Tract One conveyed to Daniel Justin Turner and Danielle Suzanne Turner by Assent of Executor to Devise from Daniel Justin Turner, Executor of the Estate of Daniel Harrison Turner, deceased, dated March 24, 2016, and recorded at Deed Book 594, Pages 318-319; and conveyed by Daniel Justin Turner by Quitclaim Deed to Danielle Suzanne Turner, dated March 24, 2016, and recorded Deed Book 594, Pages 320-321, Elbert Superior Court Records.
The property described above (the "Real Property") will be sold together with the following (all of such real property, fixtures and personal property hereinafter being collectively referred to as the "Premises");
(a) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Real Property or under or above the same or any part thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Real Property or any part thereof; or which hereinafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor;
(b) All of the Grantor's right, title and interest in and into all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Property, all fittings and fixtures, whether actually or constructively attached to the Real Property and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon, or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor or in which Grantor has interests (hereinafter collectively called "Equipment"), including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, and any other safety equipment required by governmental regulation or law, refrigerating, ventilating, and communications apparatus; all gas and electric fixtures, radiators, heaters, boilers, ranges, plumbing and heating fixtures, furnaces, oil burners, or units thereof; appliances; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators or refrigeration apparatus; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors; mantles; draperies; carpeting and other floor coverings; furniture and furnishings; all building materials, supplies, and equipment, awning and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles, inventory, accounts, automotive products of every kind and nature whatsoever now or hereafter owned by Grantor and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises, including all extensions, additions, improvements, battlements, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, inventory, accounts, instruments and chattel pa per, general intangibles, documents, farm products and supplies, investment property, deposits, vehicles and other property, existing or hereafter acquired by Grantor, subject to or covered by the Security Deed or any security agreement, conditional sales contract, chattel mortgage or similar lien or claim with the Grantee, and replacements, substitutions and proceeds of the property described hereinabove; and
(c) All income, rents, issues, and profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same.
(d) All equipment and fixtures of the debtor used in or useful in the conduct of the debtor's operation of a business, now or hereafter acquired, and all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the Real Property, zoning ordinances, restrictions, covenants, easements against the Real Property, if any, and subject to any unpaid water and waste bills that constitute liens against the Real Property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the Premises in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
The following information is being provided in accordance with O.C.G.A. 44-14-162.2. Pinnacle Bank is the secured creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Pinnacle Bank, Attn: Amanda Miller, P.O. Box 430, 100 Pinnacle Place, Elberton, Georgia 30635, 706-213-3358. O.C.G.A. 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
To the best of the undersigned's knowledge and belief, the property is known as: 204 Martin Luther King Jr Blvd, .43 Acres on Martin Luther King Jr Blvd and .32 Acres on Bartlett Street, Elberton, Georgia 30635, and the parties in possession of the property is Danielle Suzanne Turner or the Estate of Danielle Suzanne Turner, or their tenant or tenants.
as Attorney-in-Fact for
Danielle Suzanne Turner
THOMPSON, O'BRIEN, KEMP
& NASUTI, PC
40 Technology Parkway South,
Peachtree Corners, Georgia 30092
This is notice that we are attempting
to collect a debt and any information obtained will be used for that purpose. This communication is from a debt