Multiple Tracts On, And In Holly Hills Subdivision, Rockmart Rd

CLASS:10900 G E O R G I A HARALSON COUNTY NOTICE OF SALE UNDER POWER Because of defaults under the terms of that certain Fixed Rate Note from ALLSTAR PROPERTIES LLC TO AGSOUTH FARM CREDIT, ACA dated November 30, 2020 in the original amount of $5,095,949.69 (hereinafter the “Note”), as modified by a Note Modification Agreement dated April 28, 2021 and further modified by a Note Modification Agreement dated December 19, 2023, said Note being secured in part by the real property described in that certain Deed to Secure Debt executed by ALLSTAR PROPERTIES I LLC to AGSOUTH FARM CREDIT, ACA, dated June 4, 2016, recorded in Deed Book 1150, Pages 89-101 in the Office of the Clerk of Superior Court of Haralson County, Georgia; said default having been more than thirty (30) days and not having been made good in accordance with the terms and provisions of said Security Deed, AGSOUTH FARM CREDIT, ACA, pursuant to said Deed to Secure Debt, and the Note secured thereby, has declared the entire amount of the indebtedness secured by said Deed to Secure Deed, due, payable, and collectible; and, pursuant to the power of sale contained in said Deed to Secure Debt, will on the first Tuesday in September, 2025, within the legal hours of sale before the Courthouse door in Haralson County, Georgia, sell at public outcry to the highest bidder for cash, the seven tracts of real property described in said Deed to Secure Debt, including with Tract One that portion of Tract One that is located in Polk County pursuant to O.C.G.A.§ 44-14-162(a) and O.C.G.A.§ 44-14-180(3) since Tract One is a single tract of land divided by the county line of Haralson and Polk Counties, to wit: TRACT ONE: All that tract or parcel of land lying and being in Land Lots number 546, 547, 548, 489, 490, 491 and 492, 20th District, 3rd Section of Haralson County, Georgia and all that tract or parcel of land lying and being in Lands Lots 415, 473, 474 and 475, 20th District, 3rd Section of Polk County, Georgia and being more particularly described as follows: Beginning at a point located at the northeast corner of Land Lot 548 Haralson County; thence running south 86 degrees 13 minutes 10 seconds west a distance of 1,312.79 feet to a point located on the west line of land lot 548, thence running south 01 degrees 11 minutes 30 seconds west a distance of 636.13 feet to a point; thence running south 88 degrees 43 minutes 26 seconds east a distance of 94.93 feet to a point; thence running south 61 degrees 03 minutes 41 seconds east a distance of 81.16 feet to a point thence running south 35 degrees 00 minutes 08 seconds east a distance of 178.22 feet to a point; thence running south 66 degrees 04 minutes 05 seconds east a distance of 87.14 feet to a point; thence running south 76 degrees 26 minutes 38 seconds east a distance of 233.04 feet to a point; thence running south 88 degrees 53 minutes 30 second east a distance of 83.52 feet to a point; thence running north 73 degrees 50 minutes 36 seconds east a distance of 118.46 feet to a point; thence running north 58 degrees 18 minutes 54 seconds east a distance of 117.00 feet to a point; thence running north 72 degrees 34 minutes 05 seconds east a distance of 53.47 feet to a point located on the westly right of way of Rockmart Road; thence running along said right of way south 22 degrees 55 minutes 09 seconds west a distance of 485.83 feet to a point located on the south line of Land Lot 548; thence running north 88 degrees 13 minutes 03 seconds west a distance of 723.21 feet to a point; thence running north 88 degrees 13 minutes 03 second west a distance of 1,333.33 feet to point, thence running north 88 degrees 03 minute 39 seconds west a distance of 1,384.87 feet to a point located at the southwest corner of Land Lote 546; thence running north 01 degrees 22 minutes 52 seconds east a distance of 1,424.12 feet to a point; thence running north 88 degrees 50 minutes 48 seconds west a distance of 633.48 feet to a point; thence running north 01 degrees 03 minutes 19 seconds east a distance of 1,285.84 feet to a point located on the north line of Land Lot 492, and the south line of Land Lot 471, Polk County, Georgia and being the line dividing Polk County and Haralson County; thence running south 88 degrees 45 minutes 43 seconds east a distance of 239.25 feet to a point located on the westerly side of a dirt road; thence running south 88 degrees 18 minutes 33 seconds east a distance of 1,848.45 feet to a point and being the southwest corner of Land Lot 473, Polk County; thence running north 45 degrees 25 minutes 49 seconds east a distance of 721.18 feet to a point; thence running north 46 degrees 28 minutes 12 seconds east a distance of 982.47 feet to a point; thence running north 36 degrees 28 minutes 52 seconds west a distance of 105.40 feet to a point; thence running north 87 degrees 05 minutes 06 seconds west a distance of 205.55 feet to a point; thence running north 16 degrees 18 minutes 18 seconds east a distance of 1,408.46 feet to a point located on the north line of Land Lot 415; thence running south 87 degrees 48 minutes 13 seconds east a distance of 1,347.94 feet to point located at the northeast corner of Land Lot 415, thence running south 01 degrees 40 minutes 53 seconds west a distance of 1,337.94 feet to a point and being the common corner of Land Lot 414, 415, 474 and 475; thence running south 89 degrees 09 minutes 09 seconds east a distance of 1,268.03 feet to a point and the northeast corner of Land Lot 475; thence running south 02 degrees 11 minutes 52 seconds west a distance of 1,315.78 feet to a point and the southeast corner of Land Lot 475 and the county line dividing Polk County and Haralson County; thence running north 87 degrees 29 minutes 01 seconds west a distance of 1,276.24 feet to a point; thence running south 03 degrees 30 minutes 06 seconds west a distance of 1,402.64 feet to a point and the Point of Beginning. Being 383.12 acres as shown on Plat of Survey for Charles and Larry Skinner by Richard E. Nutt, registered surveyor, dated May 26, 1987. LESS AND EXCEPT ALL THAT PROPERTY DESCRIBED AS FOLLOWS: (1) All that tract or parcel of land lying and being in Land Lots 490, 546, 547, 20th District, 3rd Section of Haralson County, Georgia and being Lots 2, 7, 9, 14, 15 and 16 of Holly Hills Subdivision, Phase I, as shown on plat of survey recorded in Plat Book 15, Page 10, Haralson County Records. Said plat is incorporated herein by reference. (2) All that tract or parcel of land lying and being in Land Lot 490, 20th District, 3rd Section of Haralson County, Georgia and being Lot 1-A of Holly Hills Subdivision, Phase III, as shown on plat of survey recorded in Plat book 15, Page 15, Haralson County Records. Said plat is incorporated herein by reference. (3) All that tract or parcel of land lying and being in Land Lot 490, 20th District, 3rd Section of Haralson County, Georgia and being more particularly described as follows: BEGINNING at a point located at the intersection of the eastern line of Land Lot 490 and the southerly right-of-way of Club Drive; thence running along said right-of-way north 60 degrees 0 minutes 27 seconds west a distance of 135.19 feet to a point and the TRUE POINT OF BEGINNING, thence running south 46 degrees 32 minutes 19 seconds west a distance of 127.69 feet to a point; thence running north 86 degrees 58 minutes 13 seconds west a distance of 86.16 feet to a point; thence running south 11 degrees 47 minutes 47 seconds west a distance of 32.15 feet to a point; thence running north 80 degrees 19 minutes 37 seconds west a distance of 106.16 feet to a point; thence running north 14 degrees 30 minutes 11 seconds east a distance of 236.57 feet to a point; thence running south 76 degrees 31 minutes 49 seconds east a distance of 42.10 feet to a point; thence running south 68 degrees 20 minutes 58 seconds east a distance of 256.60 feet to a point; thence running south 46 degrees 32 minutes 19 seconds west a distance of 50.00 feet to a point and the TRUE POINT OF BEGINNING. (4) ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 491, 492, 490 and 546 of the 20th District, 3rd Section of Haralson County, Georgia and being more particularly described as follows: BEGINNING at a point located at the intersection of Land Lots 492, 491, 545 and 546; thence running North 87 degrees 35 minutes, 11 seconds West a distance of 623.45 feet to an iron pin; thence running North 02 degrees, 28 minutes, 02 seconds East a distance of 1,288.48 feet to a painted oak tree located on the Northern line of Land lot 492 and the line separating Polk County and Haralson County; thence running along said county line South 87 degrees, 02 minutes, 41 seconds East a distance of 2,195.33 feet to an iron pin located on the edge of a Lake; thence running along the edge of said lake the following metes and bounds: Line 1 South 04 degrees, 01 minutes, 09 seconds West a distance of 32.93 feet; Line 2 South 03 degrees, 52 minutes, 58 seconds East a distance of 112.28 feet; Line 3 South 37 degrees, 20 minutes, 20 seconds West a distance of 190.75 feet; Line 4 South 25 degrees, 45 minutes, 10 seconds West a distance of 153.33 feet; Line 5 South 07 degrees, 57 minutes, 44 seconds West a distance of 191.95 feet; Line 6 South 89 degrees, 54 minutes, 20 seconds West a distance of 99.36 feet; Line 7 South 12 degrees, 41 minutes, 40 seconds West a distance of 209.58 feet; Line 8 South 52 degrees, 00 minutes, 33 seconds West a distance of 199.26 feet; Line 9 South 19 degrees, 02 minutes, 20 seconds West a distance of 152.46 feet; Line 10 South 39 degrees, 47 minutes, 32 seconds West a distance of 212.18 feet; Line 11 South 80 degrees, 27 minutes, 17 seconds West a distance of 146.44 feet; Line 12 South 32 degrees, 08 minutes, 21 seconds East a distance of 203.38 feet; Line 13 South 39 degrees, 58 minutes, 31 seconds West a distance of 233.01 feet; Line 14 South 44 degrees, 11 minutes, 38 seconds West a distance of 171.26 feet; Line 15 South 07 degrees, 04 minutes, 07 seconds West a distance of 186.74 feet to a point; thence running South 08 degrees, 42 minutes, 03 seconds West a distance of 305.99 feet to an iron pin; thence running South 79 degrees, 03 minutes, 31 seconds West a distance of 622.36 feet to an iron pin located on the Western line of Land Lot 546; thence running along said line North 02 degrees, 34 minutes, 21 seconds East a distance of 1,163.72 feet to an iron pin and the POINT OF BEGNINNG. Being 75.00 acres as shown on Plat of Survey for Michael McKinney and Diana McKinney by Douglas C. Crawford, Registered Land Surveyor, dated May 18, 1992. The foregoing Tract One being the same property described in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 71, Haralson County Deed Records and in Deed Book 1455, Page 475, Polk County Deed Records. TRACT ONE: PARCEL ID NO: 0095A 001 Haralson County TRACT ONE: PARCEL IDE NO: 057-009, Polk County TRACT TWO: All that tract or parcel of land lying and being in Land Lots 490, 491, 492 and 546 in the 20th District and 3rd Section of Haralson County, Georgia, containing 75.00 acres, more or less, as shown on a plat prepared for Michael and Diana McKinney by Douglas C. Crawford, RLS #1833. Dated 05/18/92 and recorded in Plat Book 20 page 153, in the Office of the Clerk of Superior Court of Haralson County, Georgia, which said plat is incorporated herein by reference. LESS AND EXCEPT: (1) All that tract or parcel of land lying and being in Land Lot 492 in the 20th District and 3rd Section of Haralson County, Georgia containing 2.01 acres, more or less, as shown on a plat prepared for Earl Hodgin by Donald Earl Long, RLS #2039, dated January 10, 2001 and recorded in Plat Book 30, page 165, in the Office of the Clerk of Superior Court of Haralson County, Georgia, which said plat is incorporated herein by reference. (2) All that tract or parcel of land lying and being in Land Lots 491 and 546 in the 20th District and 3rd Section of Haralson County, Georgia, containing 18.353 acres, more or less, as shown on a plat prepared for James R. Winn by Claude E. Head, RLS #2428, dated September 11, 2002 and recorded in Plat Book 32, page 152, in the Office of the Clerk of Superior Court of Haralson County, Georgia, which said plat is incorporated herein by reference. (3) All that tract or parcel of land lying and being in Land Lots 491, 492 and 546 in the 20th District and 3rd Section of Haralson County, Georgia, containing 5.00 acres, more or less, as shown on a plat prepared for Michael and Diana L. McKinney by Claude E. Head, RLS #2428, dated July 12, 2003 and recorded in Plat book 34, page 25, in the Office of the Clerk of Superior Court of Haralson County, Georgia, which said plat is incorporated herein by reference. The foregoing Tract Two being the same property described in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 76, Haralson County Deed Records. TRACT TWO PARCEL ID NO: 0095 0019C Tract Three: All that tract or parcel of land lying and being in Land Lots 491, 492 and 546 in the 20th District and 3rd Section of Haralson County, Georgia containing 5.00 acres, more or less, as shown on a plat prepared for Michael McKinney and Diana L. McKinney by Claude E. Head, RLS #2428, dated July 12, 2003 and recorded in Plat book 34, page 25, in the Office of the Clerk of Superior Court of Haralson County, Georgia. Said plat together with the boundaries, metes, course and distances thereon are incorporated herein and by reference are made a part of this description as fully as it set out herein. Also, specifically included with the above described property is a thirty (30') foot wide nonexclusive permanent easement for ingress, egress and utilities, which begins on the Eastern right of way of Bollen) Road and runs in an Easterly and Southerly direction to the North side of the above described property. Said easement is more fully shown on the foresaid plat. The foregoing Tract Three being the same property described in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 78, Haralson County Deed Records. TRACT THREE PARCEL ID NO: 0095 0019 Tract Four: All of that tract and parcel of land lying and being in Land Lots 546, 547, and 548 of Haralson County, Georgia, being a 0.90 acre improved tract and a 60 foot ingress/egress easement to Rockmart Road as shown on a plat of survey dated May 16, 1994 prepared by Douglas C. Crawford, RLS #1833, for James R. Winn, which plat is incorporated herein by reference, and being more particularly described as follows: To find the center line of the sixty foot easement conveyed hereby, commence at the point of intersection of the western right of way line of Rockmart Road (100 foot right of way) with the south land lot line of Land Lot 548, and run thence northeasterly along said right of way 443.48 feet to a point which is the beginning point and center line of the ingress/egress easement to and from the Rockmart Road and the improved 0.90 acre tract; run thence the following courses and distances along the center line of said 60 foot wide easement: South 68 degrees 41 minutes 22 seconds west, 37.40 feet; South 36 degrees 06 minutes 26 seconds west, 67.55 feet; South 44 degrees 36 minutes 51 seconds west, 50.02 feet; South 67 degrees 19 minutes 23 seconds west, 61.36 feet; South 86 degrees 55 minutes 01 seconds west, 92.49 feet; North 82 degrees 33 minutes 19 seconds west, 74.00 feet; North 76 degrees 04 minutes 37 seconds west, 231.32 feet; North 62 degrees 51 minutes 34 seconds west, 107.91 feet; North 34 degrees 29 minutes 08 seconds west, 62.31 feet; North 36 degrees 23 minutes 28 seconds west, 116.91 feet; North 72 degrees 10 minutes 49 seconds west, 83.68 feet; South 83 degrees 46 minutes 18 seconds west, 125.04 feet; South 74 degrees 06 minutes 23 seconds west, 194.54 feet; South 64 degrees 24 minutes 01 seconds west, 59.54 feet; South 57 degrees 55 minutes 16 seconds west, 88.13 feet; South 80 degrees 31 minutes 44 second west, 69.18 feet; South 86 degrees 35 minutes 16 seconds west, 177.45 feet; South 64 degrees 19 minutes 22 seconds west, 132.83 feet; South 43 degrees 23 minutes 23 seconds west, 205.18 feet; South 54 minutes 42 minutes 49 seconds west, 95.84 feet; South 71 degrees 20 minutes 41 seconds west, 149.26 feet; Run South 17 degrees 06 minutes 15 seconds east, 34.05 feet along the south boundary line of said easement; North 78 degrees 53 minutes 18 seconds west, 90.95 feet; North 72 degrees 22 minutes 38 seconds west, 71.95 feet; North 44 degrees 09 minutes 00 seconds, west 129.73 feet; North 61 degrees 57 minutes 05 seconds west, 185.48 feet; North 52 degrees 37 minutes 31 seconds west, 115.59 feet; run thence North 37 degrees 22 minutes 29 seconds east along the northwest boundary of said easement 60 feet to an iron pin placed at one of the corners of the .90 acre improved tract, said improved tract being described as follows: run North 03 degrees 50 minutes 29 seconds east, 71.38 feet to an iron pin found; run thence North 69 degrees 44 minutes 55 seconds east, 147.25 feet to an iron pin placed; run thence South 42 degrees 53 minutes 07 seconds east, 107.79 feet to an iron pin found; run thence South 11 degrees 09 minutes 51 seconds east, 203.63 feet to an iron pin found; run thence north 61 degrees 57 minutes 05 seconds west, 190.06 feet to an iron pin placed; North 52 degrees 37 minutes 31 seconds west, 110.70 feet to in iron pin placed, run reverse of 2 preceding calls along boundary common to easement and .90 acre tract, being said easement the following courses and distances: South 52 degrees 37 minutes 31 seconds east, 110.70 feet to an iron pin placed, run thence South 61 degrees 57 minutes 05 seconds east, 190.06 feet to an iron pin found; continue thence along northeast side of the easement South 44 degrees 00 minutes 09 seconds east, 124.04 feet to an iron pin found, run thence South 72 degrees, 22 minutes 38 seconds east, 53.37 feet to an iron pin found; South 78 degrees 53 minutes 18 seconds east 55.34 feet to a point. The foregoing Tract Four being the same property described in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 80, Haralson County Deed Records. TRACT FOUR PARCEL ID NO: 0095A 0010 Tract Five: All that tract or parcel of land lying and being in Land Lots 546 and 547 in the 20th District and 3rd Section of Haralson County, Georgia and being Lot 2 of Holly Hills Subdivision, Phase I, as shown on plat of survey dated 5/10/88, and recorded in Plat Book 15, page 10, Haralson County Records. Said plat is incorporated herein by reference. Above being the same property from ZASP, Inc., to C. Vernon Spence, Sam Baxter & Dennis Alsobrook, dated 1/10/89 and recorded in Book 323, page 781 Haralson County Records, dated 6/10/92. The foregoing Tract Five being the same property described in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 84, Haralson County Deed Records. TRACT FIVE PARCEL ID NO: 0095A 0009 Tract Six: All that tract or parcel of land lying and being in Land Lots 491 and 546 in the 20th District and 3rd Section of Haralson County, Georgia containing 18.353 acres, more or less, as shown on a plat prepared for James R. Winn by Claude E. Head, RLS #2428, dated September 9, 2002 and recorded in Plat Book 32, page 152, in the Office of the clerk of Superior Court of Haralson County, Georgia. Said plat together with the boundaries, metes, course and distances thereon are incorporated herein and by reference are made a part of this description as fully as if set out herein. Specifically included with the above described property is a thirty (30) foot wide, nonexclusive permanent easement for ingress and egress and utilities, over, under and through an existing roadbed, which begins at the North line of the above described property and runs Northerly through property now or formerly owned by Diana L. McKinney and Michael McKinney (being the grantors named in that certain Warranty Deed dated September 18, 2002, recorded in Deed Book 596, Page 253, in the Office of the Clerk of Superior Court of Haralson County, Georgia) to Bollen Road. The foregoing Tract Six being the same property described as “Tract One” in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 86, Haralson County Deed Records. TRACT SIX PARCEL ID NO: 0095 0019B Tract Seven: All that tract or parcel of land lying and being in Land Lot 547 in the 20th District and 3rd Section of Haralson County, Georgia and being Lot 9, Holly Hills Subdivision as show on that certain plat of survey of Holly Hills Subdivision, Phase I, dated May 10, 1988, and recorded in Plat Book 15, page 10, Haralson County Deed Records, said plat of survey being incorporated herein by reference thereto. The foregoing Tract Seven being the same property described as “Tract Two” in a deed to Winn's Lake Properties, LP dated December 12, 2012 and recorded in Deed Book 1072, Page 86, Haralson County Deed Records. TRACT SEVEN PARCEL ID NO: 0095A 0003 To the best of the undersigned's information and belief, the address of the property is: TRACT ONE: Approximately 300 acres comprising of 143.74 +/- acres on Rockmart Road, Haralson County, Georgia and 142 +/- acres located on Rockmart Road, Polk County, Georgia TRACT TWO: Approximately 50 acres in Haralson County, Georgia TRACT THREE: Approximately 5 acres at 755 Bollen Road, Haralson County, Georgia TRACT FOUR: Approximately 0.9 acres off Rockmart Road, Haralson County, Georgia TRACT FIVE: Lot 2, Holly Hills Subdivision, Phase I, Haralson County, Georgia TRACT SIX: 18.353 +/- acres off of Rockmart Road, Haralson County, Georgia TRACT SEVEN: Lot 9, Holly Hills Subdivision, Haralson County, Georgia Said real property will be sold, a deed executed by the undersigned to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt containing said power. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: AgSouth Farm Credit ACA, c/o Fortson, Bentley and Griffin, P.A., 2500 Daniell's Bridge Road, Building 200, Suite 3A, Athens, Georgia, 706-548-1151. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property is being sold as the property of ALLSTAR PROPERTIES I LLC, and will be sold on an "as is" basis without any representation, warranty or recourse against the above named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Deed to Secure Debt. This 24th day of July, 2025. AGSOUTH FARM CREDIT, ACA as Attorney-in-fact for ALLSTAR PROPERTIES I LLC FORTSON, BENTLEY AND GRIFFIN, P.A. 2500 DANIELL'S BRIDGE ROAD BUILDING 200, SUITE 3A ATHENS, GEORGIA 30606 (706) 548-1151 08/07, 08/14, 08/21, 08/28