Tallassee Rd

NOTICE OF SALE UNDER POWER GEORGIA, ATHENS-CLARKE COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed from QUAILWOOD BY RIZ LLC to FLOYD LAKE CEDAR OIL, LLC, dated May 6, 2025, recorded in Deed Book 5702, Page 90, Athens-Clarke County, Georgia records, as modified at Deed Book 5723, Page 385 Athens-Clarke County, Georgia records, said Security Deed being given to secure the performance of obligations under that certain Agreement to Purchase Land dated May 6, 2025 between GATES AT FLOYED LAKE LLC and FLOYD LAKE CEDAR OIL, LLC as consented to by QUAILWOOD BY RIZ LLC, and any amendments thereto, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of ATHENS-CLARKE COUNTY, Georgia, within the legal hours of sale on the first Tuesday in September, 2025, the following described Property: Parcel ID: 064 005K All that tract or parcel of land situate, lying and being the 1347th District, G.M., Athens-Clarke County, Georgia, being known and designated as Tract A containing 47.870 acres, more or less, as shown on a plat entitled "Survey for Mrs. Roy W. Green", dated June 11, 1987, last revised August 19, 1987 by Landmark EngineeringCorporation, said plat being recorded in Plat Book 23, page 354, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, and being incorporated herein by reference for a more particular description. This being the same property described as Tract Three in that certain Warranty Deed dated August 30, 1991, from Seth Gorman to Clifton B. Ashford in his representative capacity as Trustee under Trust Agreement dated July 30, 1991 and recorded in Deed Book 1127, page 88, aforesaid records. This being the same property described as Tract Three in that certain Warranty Deed dated August 30, 1991, from Seth Gorman to Clifton B. Ashford in his representative capacity as Trustee under Trust Agreement dated July 30, 1991 and recorded in Deed Book 1127, Page 88, aforesaid records. Together with: Parcel ID: 064 002 All that tract or parcel of land situate, lying and being in the 1347th District, G.M., Athens-Clarke County, Georgia, containing 35.5 acres, more or less, as shown as "P. H Maynard 35.5 acres" on plat entitled "Plat of L. N. Lester and P. H. Maynard Property" by W. N. Danner, Jr. and W. E. Hudson, Registered Surveyors, dated February, 1946, recorded in Plat Book 3, page 90, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, and being more particularly described as follows: BEGINNING at iron pin A and running thence north 70 degrees west 370 feet to a point in the center of Turkey Creek; running thence along the centerline of said Turkey Creek in a northerly direction to a sweet gum, the surveyor's reference courses and distances along said Turkey Creek being: north 33 1/2 degrees east 300 feet, due north 225 feet, north 30 1/2 degrees east 200 feet, north 3 degrees east 700 feet, north 4 1/2 degrees east 200 feet, north 1 degree west 100 feet, north 5 degrees west 190 feet, north 20 degrees west 100 feet, north 3 degrees east 185 feet, north 8 degrees east 160 feet, north 23 degrees east 115 feet, north 64 degrees east 100 feet, north 36 degrees east 80 feet, north 22 degrees east 163 feet to said sweet gum; running thence north 87 1/2 degrees east 695 feet to a stone corner; running thence south 17 3/4 degrees west 3,134 feet to the beginning iron pin; This tract is conveyed subject to the Middle Oconee River and Turkey Creek interceptor as provided by judgment of court dated January 13, 1977, recorded in Deed Book 397, page 718, in said Clerk's Office, to a 160 foot Transcontinental Pipeline Company easement and to two 100 foot Georgia Power Company easements; This being the same property described as Tract Two in that certain Warranty Deed dated August 30, 1991, from Seth Gorman to Clifton B. Ashford in his representative capacity as Trustee under Trust Agreement dated July 30, 1991 and recorded in Deed Book 1127, page 88, aforesaid records. Together with: Parcel ID: 064 047A All that tract or parcel of land situate, lying and being in the 1347th District, G.M., Athens-Clarke County, Georgia, and being located on the northeasterly side of Tallassee Road containing 0.962 acres, more or less, and being more particularly described as follows: BEGINNING at an iron pin on the northeasterly side of Tallassee Road 730.58 feet northwesterly of the right of way of Quailwood Drive as measured along the northeasterly side of Tallassee Road and running thence along the northeasterly side of Tallassee Road north 59 degrees 00 minutes 12 seconds west 481.12 feet to an iron pin; running thence north 79 degrees 16 minutes 1 second east 95.52 feet to an iron pin; running thence south 70 degrees 2 minutes 00 seconds east 377.85 feet to an iron pin (said iron pin being hereinafter referred to as iron pin "A"); running thence south 15 degrees 00 minutes 00 seconds west 141.35 feet to the beginning iron pin. This tract is conveyed subject to the Middle Oconee River and Turkey Creek interceptor as provided by judgment of court dated January 13, 1977, recorded in Deed Book 397, page 718, in said Clerk's Office, to a 160 foot Transcontinental Pipeline Company easement and to two 100 foot Georgia Power Company easements; This being the same property described as Tract Two in that certain Warranty Deed dated August 30, 1991, from Seth Gorman to Clifton B. Ashford in his representative capacity as Trustee under Trust Agreement dated July 30, 1991 and recorded in Deed Book 1127, page 88, aforesaid records. Together with: Parcel ID: 064 003 All that tract or parcel of land situate, lying and being in the 1347th District, G.M., Athens-Clarke County, Georgia, being known and designated as Lots 7, 8 and 9 as shown by survey entitled "Survey for William Lester Fulcher", dated February 16, 1963, prepared by Ben McLeroy, Registered Surveyor & Engineer, said survey being recorded in Plat Book 7, folio 59, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, to which reference is hereby particularly and specifically made. Said tract being more particularly described in a plat of survey entitled "Survey for James Dye", dated January 7, 1985, and prepared by Ben McLeroy & Associates. This being the same property described in Executor's Deed dated May 19, 2003, from Robert W. Trotter in his representative capacity as Executor of the Last Will and Testament of James E. Dye, late of Athens-Clarke County, Georgia to Clinton B. Ashford as Trustee under the Irrevocable Trust Agreement for Sunnymead Trust dated July 30, 1991 and recorded in Deed Book 2419, Page 129, aforesaid records. Said property being one and the same as the following: All that tract or parcel of land, lying and being in the 1347th District G.M. Athens-Clarke County, Georgia, as shown on that certain ALTA/NSPS Land Title Survey for Floyd Lake Cedar Oil, LLC, a Georgia limited liability company, and Chicago Title Insurance Company, prepared by Patrick & Associates, Inc., containing the seal of James S. Hull, Jr., Georgia Registered Land Surveyor No. 2856, dated January 18, 2022, last revised May 2, 2025, and being more particularly described as follows: Commence at the centerline intersection of Tallassee Road and Quailwood Drive thence along a tie line North 47 degrees 51 minutes 52 seconds West a distance of 446.18 feet to an IPF 1/2" RB on the northern right of way of Tallassee Road (80' R/W) said point being the TRUE POINT OF BEGINNING. From the TRUE POINT OF BEGINNING thus established, thence along said right of way of Tallassee Road North 57 degrees 17 minutes 35 seconds West a distance of 311.47 feet to an IPF 1/2" RB; Thence North 58 degrees 10 minutes 10 seconds West a distance of 477.96 feet to a point; Thence leaving said right of way North 76 degrees 04 minutes 38 seconds East a distance of 98.63 feet to a IPS 1/2" RB; Thence South 68 degrees 21 minutes 45 seconds East a distance of 82.16 feet to a point; Thence South 68 degrees 21 minutes 45 seconds East a distance of 28.35 feet to a point in the center of Turkey Creek; Thence running along the centerline of said Turkey Creek in a northerly direction for a distance of 3548+/- feet to a point; Thence North 88 degrees 19 minutes 44 seconds East a distance of 622.62 feet to a ROCK FND.; Thence South 12 degrees 27 minutes 51 seconds West a distance of 37.79 feet to an IPF 1/2" RB; Thence South 18 degrees 40 minutes 15 seconds West a distance of 296.78 feet to an IPS 1/2" RB; Thence South 18 degrees 40 minutes 15 seconds West a distance of 453.30 feet to an IPF 1/2" OTP; Thence South 18 degrees 37 minutes 53 seconds West a distance of 19.87 feet to a point; Thence running along the centerline of ditch in a easterly direction for a distance of 1743 +/- feet to an IPS 1/2" RB on the western right of way of Quailwood Drive (80' R/W); Thence along said right of way South 23 degrees 03 minutes 59 seconds West a distance of 243.57 feet to an IPF 1/2" RB; Thence leaving said right of way North 68 degrees 51 minutes 07 seconds West a distance of 400.27 feet to an IPF 1" OTP; Thence South 21 degrees 03 minutes 52 seconds West a distance of 381.18 feet to an IPF 1/2" RB; Thence South 20 degrees 57 minutes 56 seconds West a distance of 299.64 feet to an IPF 1" OTP; Thence South 23 degrees 20 minutes 21 seconds West a distance of 198.33 feet to an IPF 1" OTP; Thence South 21 degrees 20 minutes 58 seconds West a distance of 199.21 feet to an IPF 1" OTP; Thence South 68 degrees 41 minutes 29 seconds East for a distance of 400.37 feet to an IPF 1" OTP on the western right of way of Quailwood Drive (80' R/W); Thence along said right of way South 22 degrees 15 minutes 57 seconds West a distance of 250.17 feet to an IPF 1/2" RB; Thence leaving said right of way North 74 degrees 58 minutes 47 seconds West a distance of 225.86 feet to an IPF 1/2" OTP; Thence North 75 degrees 08 minutes 43 seconds West a distance of 199.68 feet to an IPF 1/2" RB; Thence North 58 degrees 41 minutes 18 seconds West a distance of 90.69 feet to an IPS 1/2" RB; Thence running along the centerline of ditch in a westerly direction for a distance of 961 +/- feet to an IPS 1/2" RB; Thence South 18 degrees 36 minutes 37 seconds West a distance of 346.30 feet to an IPF 1/2" OTP; Thence South 19 degrees 54 minutes 40 seconds West a distance of 279.23 feet to an IPF 1/2" RB; Thence South 56 degrees 59 minutes 20 seconds East a distance of 155.79 feet to an IPF 1/2"RB; Thence South 63 degrees 54 minutes 54 seconds East a distance of 111.04 feet to an IPF 1/2" RB; Thence South 64 degrees 02 minutes 31 seconds East a distance of 109.35 feet to an IPF 1/2" OTP; Thence South 40 degrees 53 minutes 17 seconds West a distance of 161.64 feet to the TRUE POINT OF BEGINNING. Said tract of parcel of land containing 87.01 Acres. The obligations secured by said Security Deed have been and are hereby declared in default due to Grantor's failure to perform in accordance with the terms of said Agreement to Purchase Land, including but not limited to failure to timely pay the Earnest Money as and when due and in the manner provided in said Agreement to Purchase Land and said Security Deed. The default remaining uncured, the sale will be made for the purpose of enforcing the Security Deed and satisfying all obligations secured thereby, including all costs of this sale and attorney's fees (notice of intent to collect attorney's fees having been given as provided by law). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed and Agreement first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage is FLOYD LAKE CEDAR OIL, LLC, 780 Johnson Ferry Rd, Suite 153, Sandy Springs, GA 30342; Telephone: 404-384-7374. To the best knowledge and belief of the undersigned, the party in possession of the property is QUAILWOOD BY RIZ LLC, or a tenant or tenants. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. FLOYD LAKE CEDAR OIL, LLC as Attorney in Fact for QUAILWOOD BY RIZ LLC McLain & Merritt, P.C. 3445 Peachtree Road, N.E. Suite 500 Atlanta, GA 30326 404-266-9171