1187 Old Middleton Rd

875482 NOTICE OF SALE UNDER POWER GEORGIA, ELBERT COUNTY Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Global Values GA LLC (the “Grantor”) to Northeast Georgia Bank (“Grantee”), dated December 27, 2012, filed and recorded December 28, 2012, in Deed Book 545, Page 435, Elbert County, Georgia records, as modified by that certain Modification of Deed to Secure Debt dated May 10, 2013, filed and recorded June 3, 2013 in Deed Book 552, Page 594, aforesaid records, as modified by that certain Modification of Deed to Secure Debt dated July 1, 2013, filed and recorded July 17, 2013 in Deed Book 555, Page 525, aforesaid records, as modified by that certain Modification of Deed to Secure Debt dated October 18, 2013, filed and recorded November 18, 2013 in Deed Book 561, Page 1, aforesaid records, (as modified, the “Security Deed”), conveying the after-described property to secure that certain Universal Note dated November 18, 2013, from Borrower payable to Lender in the original principal amount of Four Hundred Sixty-Eight Thousand Five Hundred and 00/100 Dollars ($468,500.00), 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 September, 2025, the following described property (the “Property”): All that tract or parcel of land, with improvements thereon, lying and being in the 189th G.M. District of Elbert County, Georgia, on the Southern side of Old Middleton Road, containing 2.63 acres, more or less, and being more particularly described as TRACT 3 in a plat of survey prepared by Clelland A. Tyson, Registered Land Surveyor, dated October 20, 1992, recorded in Plat Book 17, at Page 148, in the Office of the Clerk of the Superior Court of Elbert County, Georgia, said plat and the recording thereof being expressly by reference incorporated into and made a part of this description. This property is bounded now or formerly as follows, as shown on said plat: On the North by Old Middleton Road; on the East by Tract 4 of said plat; on the South by a 100-feet-wide right-of-way for the Seaboard Airline Railroad; and on the West by Tract 2 of said plat. ALSO INCLUDED IN THIS CONVEYANCE are all of Grantor's easements, rights, title and interest under that certain Easement Agreement between Kenneth S. Worley and HGM Granite, L.L.C., dated September 28, 1998, recorded in Deed Book 248 at pages 130-143 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, and said Agreement is expressly by reference incorporated into and made a part of this description. ALSO INCLUDED IN THIS CONVEYANCE are all of Grantor's right of first refusal, if any, and any other right, title and interest under that certain Right of First Refusal Agreement between Kenneth S. Worley and HGM Granite, L.L.C., dated September 28, 1998, and further evidenced by a Short Form Right of First Refusal Agreement dated September 28, 1998, recorded in Deed Book 248 at pages 126-129 in the Office of the Clerk of the Superior Court of Elbert County, Georgia, and said Agreement is expressly by reference incorporated into and made a part of this description. This is the same property conveyed to Robert F. Martin by virtue of Warranty Deed from HGM Granite, L.L.C., dated May 17, 2002, recorded on May 21, 2002 in Deed Book 316 at pages 497499 in the Office of the Clerk of the Superior Court of Elbert County, Georgia. 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 default and 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 other 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 Real 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. Northeast Georgia 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: Northeast Georgia Bank, Attn: Henry Kesler, 916 Elbert Street, Elberton, GA 30635, 706-213-9999. 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: 1187 Old Middleton Road, Elberton, Georgia 30635, and the parties in possession of the property Global Values GA LLC, or its tenant or tenants. Northeast Georgia Bank as Attorney-in-Fact for Global Values GA LLC THOMPSON, O'BRIEN, KAPPLER & NASUTI, PC 2 Sun Court, Suite 400 Peachtree Corners, Georgia 30092 770-925-0111 8-6,13,20,27