NOTICE OF SALE UNDER POWER
GEORGIA, ELBERT COUNTY
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from Danielle Suzanne Turner a/k/a Danielle S. Turner Bell (hereinafter referred to as "Grantor") to Pinnacle Bank ("Grantee"), dated June 10, 2011, filed and recorded June 10, 2011, in Deed Book 519, Page 350, Elbert County, Georgia Records, as last modified of record by that certain Modification of Security Deed dated January 12, 2018 and recorded January 25, 2018 in Deed Book 624, Page 462, aforesaid records (as modified, the "Security Deed"), conveying the after-described property to secure that certain January 12, 2018 Promissory Note in the amount of Seventy Two Thousand Eight Hundred Seventy-Eight and 42/100 Dollars ($72,878.42) with interest thereon as set forth therein (the "Note") and all other obligations of Borrower to Lender, 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 October, 2020, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the 193rd G.M. District, Elbert County, Georgia, containing 16.87 acres, more or less, and being more particularly described on a Plat of Survey prepared by Charles A. Cecchini, RLS, dated August 15, 2005, and recorded at Plat Book 26, Page 282, 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 conveyed to Susie Turner Bell and Jason Henry Bell by Warranty Deed from Dwayne (Dewayne) Jarvis Reeves, dated February 13, 2009, and recorded at Deed Book 481, Pages 109-110, Elbert Superior Court Records. Jason Henry Bell conveyed his interest to Danielle Suzanne Turner Bell by Quitclaim Deed, dated September 02, 2010, and recorded at Deed Book 508, Pages 089-090, 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, the failure of Grantor to maintain all obligations to Lender. The Grantor 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: 16.87 Acres located on Lexington Hwy, Elberton, Elbert County, Georgia 30635, and the parties in possession of the property is Danielle Suzanne Turner a/k/a Danielle S. Turner Bell or the Estate of Danielle Suzanne Turner, or their tenant or tenants.
as Attorney-in-Fact for
Danielle Suzanne Turner
a/k/a Danielle S. Turner Bell
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