Stewart Rd

G E O R G I A FLOYD 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 LLC to AGSOUTH FARM CREDIT, ACA, dated June 3, 2013, recorded in Deed Book 2357, Pages 415-425 in the Office of the Clerk of Superior Court of Floyd 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 Floyd County, Georgia, sell at public outcry to the highest bidder for cash, a portion of the real property described in said Deed to Secure Debt to wit: Tract Four: All that tract or parcel of land situated, lying and being in Land Lots 162 and 163 in the 22nd District and 3rd Section of Floyd County, Georgia and being Tract 1 on a survey for John E. Ward, Jean B. Ward and GW and AH Properties, LLC prepared by Home Associates dated April 15, 2003 and recorded in Plat book 28, Page 234, in the Office of the Clerk of the Superior Court of Floyd County, Georgia reference to which plat is hereby made for a more complete description of said property. There is hereby EXCEPTED from the above described property that part of said Tract 1 that lies in Polk County, Georgia as shown on said plat and being 1.496 acres. Together with all easements of record. TRACT FOUR PARCEL ID NO: K20 012 Tract Six: All that tract or parcel of land lying and being in Land Lot 126 of the 22nd District, 3rd Section, Floyd County, Georgia, being 45.910 acres as shown and delineated on a plat of survey prepared for Donald Langley, by Elbert H. Angel, Registered Land Surveyor, dated 11/13/00, and being more particularly described as follows: Begin at an iron pin located at the southwest land lot corner of Land Lot 126; thence North 01 degrees 22 minutes 23 seconds West, 769.19 feet to an iron pin; thence South 88 degrees 58 minutes 00 seconds East, 357.97 feet to a fence corner thence South 01 degrees 02 minutes 00 seconds West , 40.00 feet to a fence corner; thence South 88 degrees 58 minutes 00 seconds East, 475.00 feet to a point; thence North 88 degrees 18 minutes 00 seconds East, 419.20 feet to a point; then an arc distance of 247.05 feet along a radius of 1572.69 feet on a chord bearing North 78 degrees 32 minutes 00 seconds East, 246.80 feet to a point; thence North 15 degrees 58 minutes 00 seconds west, 40.00 feet to a point; thence an arc distance of 1465.54 feet along a radius of 1532.70 feet on a chord bearing North 46 degrees 38 minutes 11 seconds East, 1410.34 feet to an iron pin; thence South 22 degrees 17 minutes 57 seconds East, 121.65 feet to a point located on the westerly right-of-way line of Bird Station Road (60 foot right of way, also known as Byrd Station Road); thence southerly along said westerly right-of-way line of Bird Station Road and following the curvature thereof 1099.92 feet to an iron pin; thence North 72 degrees 09 minutes 46 seconds West, 420.05 feet to an iron pin; thence South 17 degrees 49 minutes 18 seconds West, 220.00 feet to an iron pin; thence South 72 degrees 09 minutes 46 seconds East, 420.05 feet to an iron pin located on the westerly right-of-way line of Bird Station Road; thence southerly along the curvature of said right-of-way line, 470.03 feet to a point located on the southerly land lot line of Land Lot 126; thence South 88 degrees 15 minutes 50 seconds West, 739.09 feet to a point; thence North 02 degrees 42 minutes 27 seconds West, 88.07 feet to a point; thence South 88 degrees 55 minutes 09 seconds West, 1325.42 feet to an iron pin and the Point of Beginning. TRACT SIX PARCEL ID NO: J20 005 Tract Seven Parcel A: All that tract or parcel of land lying and being in Land Lot 126 of the 22nd District, 3rd Section, Floyd County Georgia, and being described as follows: Commencing at a point on the westerly right-of-way of Bird Station Road (a 60 foot right-of-way, also known as Byrd Station Road) at the intersection of the south line of Land Lot 126 of the 22nd District and 3rd Section of Floyd County, Georgia; thence northeasterly along Bird Station road a distance of 470.03 feet to a ? inch pin and the Point of Beginning; thence North 70 degrees 10 minutes West a distance of 420.00 feet to a ? inch pin; thence North 19 degrees 50 minutes East a distance of 220.00 feet to a ? inch pin, thence South 70 degrees 10 minutes East a distance of 420.00 feet to a ? inch pin on the westerly right-of-way of Bird Station Road; thence South 19 degrees 50 minutes West a distance of 220.00 feet along Bird Station Road to a ? inch iron pin and the Point of Beginning. The above-described tract contains 2.12 acres. LESS AND EXCEPT all that tract or parcel of land situated, lying and being in Land Lot 126 in the 22nd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: To locate the TRUE POINT OF BEGINNING, commence at the intersection of the western right of way line of Bird Station Road, sometimes referred to as Byrd Station Road (60 foot right of way) and the southern land lot line of said Land Lot 126 and running thence in a northerly direction along the western right of way line of Bird Station Road 516.74 feet to a one half (1/2) inch rebar and the TRUE POINT OF BEGINNING; thence north 17 degrees 49 minutes 18 seconds east along the western right of way line of Bird Station Road 173.29 feet to a one half (1/2) inch rebar; thence north 72 degrees 09 minutes 46 seconds west 296.20 feet to a one half (1/2) inch rebar; thence south 17 degrees 50 minutes 14 seconds west 173.29 feet to a one half (1/2) inch rebar; thence south 72 degrees 09 minutes 46 seconds east 296.25 feet to the true point of beginning. Said description is in accordance with a survey prepared by Elbert H. Angel GRLS No. 1742, dated December 18, 2014. TRACT SEVEN, Parcel A: PARCEL ID NO: J20 004 Parcel B: All that tract or parcel of land situated, lying and being in Land Lot 126 in the 22nd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows: To locate the TRUE POINT OF BEGINNING, commence at the intersection of the western right of way line of Bird Station Road, sometimes referred to as Byrd Station Road (60 foot right of way) and the southern land lot line of said Land Lot 126 and running thence in a northerly direction along the western right of way line of Bird Station Road 516.74 feet to a one half (1/2) inch rebar and the TRUE POINT OF BEGINNING; thence north 17 degrees 49 minutes 18 seconds east along the western right of way line of Bird Station Road 173.29 feet to a one half (1/2) inch rebar; thence north 72 degrees 09 minutes 46 seconds west 296.20 feet to a one half (1/2) inch rebar; thence south 17 degrees 50 minutes 14 seconds west 173.29 feet to a one half (1/2) inch rebar; thence south 72 degrees 09 minutes 46 seconds east 296.25 feet to the true point of beginning. Said description is in accordance with a survey prepared by Elbert H. Angel GRLS No. 1742, dated December 18, 2014. TRACT SEVEN, Parcel B: PARCEL ID NO: J20 004A To the best of the undersigneds information and belief, the addresses of the properties are: Tract Four - 785 Stewart Road, Floyd County, Georgia Tract Six Byrd Station Road, Floyd County, Georgia Tract Seven 530 Byrd Station Road, Floyd County, Georgia Said real properties 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 Daniells 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 as to Tracts 4, 6 and 7, Parcel A is being sold as the property of ALLSTAR PROPERTIES LLC, and Tract 7, Parcel B is being sold as the property of ACH RENTAL PROPERTIES, LLC AS SUCCESSOR IN INTEREST TO ALLSTAR PROPERTIES 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 31st day of July, 2025. AGSOUTH FARM CREDIT, ACA as Attorney-in-fact for ALLSTAR PROPERTIES LLC as to Tracts 4, 6 and 7, Parcel A and as Attorney-in-fact for ALLSTAR PROPERTIES LLC as to Tract 7, Parcel B, whose Successor in Interest to Tract 7, Parcel B is ACH RENTAL PROPERTIES, LLC FORTSON, BENTLEY AND GRIFFIN, P.A. 2500 DANIELLS BRIDGE ROAD BUILDING 200, SUITE 3A ATHENS, GEORGIA 30606 (706) 548-1151 8:8,15,22,29,2025