10325 Double Bridges Rd

NOTICE OF SALE UNDER POWER GEORGIA, OGLETHORPE COUNTY Under and by virtue of the Power of Sale contained in that certain Security Deed from Joseph Michael Stevens (collectively “Grantor”) to Pinnacle Bank (“Grantee) dated January 16, 2024, filed and recorded January 19, 2024, in Deed Book 190, Page 359, Oglethorpe County Records (the “Security Deed 1”), by virtue of that certain Security Deed dated January 16, 2024, filed and recorded January 19, 2024, in Deed Book 190, Page 370, Oglethorpe County, Georgia Records, (the “Security Deed 2”)(Security Deed 1 and Security Deed 2 hereinafter collectively referred to as the “Security Deed”), conveying the after-described property to secure that certain Note dated January 16, 2024 from Borrower payable to Lender in the original principal amount of One Hundred Twenty Seven Thousand Five Hundred and 00/100 Dollars ($127,500.00), (the “Note 1”), and that certain Note dated January 16, 2024 from Borrower payable to Lender in the original principle amount of Two Hundred Ninety Two Thousand Five Hundred 00/100 Dollars, with interest thereon as set forth therein (the “Note 2”)(Note 1 and Note 2 hereinafter collectively referred to as the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Oglethorpe County, Georgia, within the legal hours of sale on the first Tuesday in June, 2026, the following described property: All that tract or parcel of land lying and being in the 227th District, G.M., Oglethorpe County, Georgia, located on the eastern side of Double Bridges Road, more fully described as follows: Beginning at a point located on the eastern side of Double Bridges Road 8775.4' from its intersection with the southern right-of-way of Highway 78 and thence proceeding in a southeasterly direction S63 degrees 05' E a distance of 564.58 feet to an iron pin; proceeding thence in a southwesterly direction S26 degrees 55' W a distance of 406.44 feet to an iron pin; thence turning in a northwesterly direction and traveling N59 degrees 53' W a distance of 572.78 feet to an iron pin located at the right-of-way of Double Bridges Road; thence turning in a northeasterly direction N35 degrees 18' E a distance of 183.4 feet to a point along the eastern side of the right-of-way of Double Bridges Road; thence proceeding in a northeasterly direction along the eastern side of the right- of-way of Double Bridges Road N21 degrees 10' E a distance of 194.0 feet to the point of beginning. This parcel is sold subject to an easement for utility right-of-way in favor of Rayle EMC recorded in Deed Book 3M, page 276, in the Office of the Clerk of Superior Court of Oglethorpe County, Georgia. This tract is shown more particularly in a plat of survey entitled "Survey for Clara L. Dudley" drawn by Sherald G. Sharp, Registered Land Surveyor, and dated July 23, 1984, a copy of same being recorded in Plat Book 8, page 279, in the said Clerk's Office and made a part hereof by reference. AND: All that tract or parcel of land, situate, lying and being in the 227th G.M.D., Oglethorpe County, Georgia Records, being shown and designated as Tract 2 containing 0.211 acres as shown on a plat of survey entitled "Survey for James D. Shealy", dated November 20, 1996, prepared by Paul & Evans Land Surveying, Inc., said plat being recorded at Plat Book 16, page 688 in the records of the. Clerk of the Superior Court for Oglethorpe County, Georgia and being incorporated herein by reference for a more particular description of the above property. Tax ID: 012 012 All that tract or parcel of land situate, lying and being in the 227th G.M.D., Oglethorpe County, Georgia and being on the eastern side of Double Bridges Road, containing 13.812 acres, more or less, and being more particularly described as follows: Beginning at an iron pin on the easterly side of Double Bridges Road, 8184 feet in a southerly direction from the intersection of U.S. Highway 78 as measured along Double Bridges Road, running thence South 72 degrees 11' West 710.3 feet to an iron pin; running thence South 4 degrees 39' East 193.3 feet to an iron pin; running thence South 6 degrees 56' East 572.6 feet to an iron pin; running thence South 3 degrees 19' East 63.0 feet to an iron pin; running thence N. 63 degrees 05' West 1102.5 feet to an iron pin on the easterly side of Double Bridges Road; running thence along Double Bridges Road the following courses and distances to the beginning point; North 15 degrees 19' East 368.1 feet to an iron pin; running thence North 32 degrees 55' East 223.3 feet. The tract herein conveyed is shown and designated as "Tract 2" on a plat entitled "Survey for A. J. Lord" by James Flanders, Surveyor, dated July 2, 1973, and recorded in Plat Book 8, Page 9, Oglethorpe County, Georgia Records, which plat is incorporated herein by reference thereto. LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in the 227th (Wolfskin) District, G. M., Oglethorpe County, Georgia, containing 1.552 acres, more or less, being bounded, now or formerly, as follows: on the Northwest by Double Bridges Road; and on the Northeast, Southeast and Southwest by Marchette. Said tract is more particularly described as to courses and distances, metes and bounds, by a plat entitled "Survey for Gip Marchette" dated August 24, 1999 by Thomas R. Paul, Registered Land Surveyor, recorded in Plat Book 18 at Page 482, Oglethorpe County, Georgia Records. Said plat is incorporated herein by reference thereto. Said tract is a portion of the property conveyed from Jennie Lucille Lord Argo to Donald E. Marchette and Cathy Lee Marchette by Warranty Deed dated June 12, 1990, recorded in Deed Book 7-T at Page 93, Oglethorpe County, Georgia Records. LESS AND EXCEPT all that tract or parcel of land lying in Land Lot 39 of the 10th Land District of Habersham County, Georgia, shown and designated as Tract 2, containing .06 acres, more or less, as shown on a Plat of Survey prepared by Jeff Weshner, Registered Land Surveyor for Joel B. Freeman, Cindy Franklin and Merle Frye, dated December 14, 2011, recorded in Plat Book 64, Page 143, of the records of the Clerk of Superior Court of Habersham County, Georgia. Said plat and the recorded thereof is hereby made for a more complete description. Tax ID: 012 014A 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 Borrower; (b) All of the Borrower'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 Borrower or in which Borrower 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 Borrower 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 Borrower 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 Borrower, 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 Borrower 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 Borrower 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 Premises 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 property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the 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 property 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 as herein referenced. 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: Foreclosures, 884 Elbert Street, 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: 10325 Double Bridges Road, Winterville, GA 30683, and the party in possession of the property is Joseph Michael Stevens, or his tenant or tenants. Pinnacle Bank, as Attorney-in-Fact for Joseph Michael Stevens Thompson, O'Brien, Kappler & Nasuti, P.C. 2 Sun Court, Suite 400 Peachtree Corners, Georgia 30092 (770) 925-0111