10111 City Pond Rd

NOTICE OF SALE UNDER POWER State of Georgia County of Newton Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Dukk, LLC (the Debtor) to and in favor of Farmers and Merchants Bank (the Lender) dated April 21, 2020, filed for record April 23, 2020, and recorded at Deed Book 3994, page 50, Newton County, Georgia Public Deed Records, as modified by that Modification of Security Deed dated April 19, 2023, filed for record April 21, 2023, and recorded in Deed Book 4500, page 187, Newton County, Georgia Public Deed Records, said Deed to Secure Debt having been given to secure a Note dated April 19, 2023 in the original principal sum of One Million Eight Hundred Five Thousand Eighty-Eight and 80/100 Dollars ($1,805,088.80), and all extensions, renewals, and modifications thereof, with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Newton County, Georgia, between the legal hours for sale on the first Tuesday in October, 2026, the following property, to wit: Tract 1: All that tract or parcel of land, with improvements thereon, situate, lying and being in the City of Covington, Newton County, Georgia and being located to the South of City Pond Road, containing 1.596 acres, and being more particularly described as follows; Commencing at a point on the southern right-of-way of City Pond Road a distance of 225 feet along the southern right of way of City Pond Road from the point of intersection of City Pond Road and the western right-of-way of Alcovy Road; thence proceeding South 5 degrees 18 minutes 57 seconds West a distance of 200.15 feet to a point; thence proceeding North 86 degrees 59 minutes 55 seconds West a distance of 344.96 feet to a point; thence proceeding North 3 degrees 52 minutes 21 seconds East a distance of 200 feet to a point on the southern right-of-way of City Pond Road: thence proceeding South 86 degrees 59 minutes 58 seconds East a distance of 350 feet to the point of beginning. Also a permanent non-exclusive easement for ingress and egress located between the southeastern corner of the above-described property and Alcovy Road being more particularly described as follows: Beginning at the southeastern most corner of the above described parcel thence proceeding South 03 degrees 00 minutes 05 seconds West a distance of 4.83 feet to a point; thence proceeding South 43 degrees 58 minutes 10 seconds East a distance of 83.83 feet to a point located on the northwestern right-of-way of Alcovy Road; thence proceeding in a southwesterly direction along the northwestern right-of-way of Alcovy Road a distance of 40 feet to a point thence proceeding North 43 degrees 58 minutes 10 seconds West a distance of 101.21 feet to a point; thence proceeding North 3 degrees 00 minutes 05 seconds East a distance of 22.21 feet to a point located on the southern boundary of the above described parcel; thence proceeding South 86 degrees 59 minutes 55 seconds East a distance of 40 feet to the point of beginning. Tract 2: All that tract or parcel of land lying and being in the City of Covington, Land Lot 273 of the 9th Land District of Newton County, Georgia and being more particularly described as follows: To find the true point of beginning, commence at the intersection of the centerline of Alcovy Road and City Pond Road (were said centerline extended); thence South 65 degrees 25 minutes 08 seconds West 383.88 feet to a point; thence South 86 degrees 59 minutes 55 seconds East 30.00 feet to the iron pin marking the true point of beginning: and from the true point of beginning, thence North 86 degrees 59 minutes 55 seconds West 40.67 feet to a point; thence South 43 degrees 58 minutes 10 seconds East 54.73 feet to a point; thence North 46 degrees 01 minute 50 seconds East 27.75 feet to a point; thence North 43 degrees 58 minutes 10 seconds West 24 feet more or less to the true point of beginning. Less and except from the above described Tract 1 and Tract 2 is as follows: All that tract or parcel of land lying and being in Land Lot 273 of the 9th Land District and/or 462nd G.M.D, of Newton County, Georgia and being more particularly described as follows: Beginning at a point 20.78 feet right of and opposite Station 750+42.03 an the construction centerline of Holiday Inn Drive on Georgia Highway Project No. NH-20-2(167); running thence S 88?1554.5 B a distance of 45.78 feet to a point 25.00 feet left of and opposite station 750+41.97 ?n said construction centerline laid out for Holiday Inn Drive; thence S1?48'10.7" W a distance of 200.03 feet to a point 25.00 feet left of and opposite station 752+42.01 on said construction centerline laid out for Holiday Inn Drive; thence N 88?1551.2" W a distance of 47.26 feet to a point 22.26 feet right of and opposite station 752+42.07 on said construction centerline laid out for Holiday Inn Drive; thence N 2?1408.8 B a distance of 200.04 feet back to the point of beginning, Containing 0.214 acres more or less. Also granted is the right to construct and maintain any required slopes within the easement area shown colored orange on the attached plat. Also, granted is the right to an easement for the construction of a driveway as shown colored pink on the attached plat. Said easement expires upon completion end final acceptance of said project by the Department of Transportation. This less and excepted property being that same property described in that Georgia Department of Transportation Right of Way Deed dated April 6, 2006 and recorded at Deed Book 2159, pages 1-7, Public Records of Newton County, Georgia. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the installments due on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Farmers and Merchants Bank, Attn: Gid Samples, 2140 Old Covington Road, Conyers, GA 30013, (770) 761-5846. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold as the property of Debtor subject to the outstanding ad valorem taxes and/or assessments, if any, any matters which might be disclosed by an accurate survey and inspection of the property, and all easements, restrictions, or other matters of record, if any, having priority over this Deed to Secure Debt. Said property will be sold on an as-is, where-is basis without recourse against Lender and without representation and warranty of any kind or nature whatsoever with respect thereto. To the best knowledge and believe of the undersigned, the party in possession of the property is Debtor of tenant or tenants of Debtor. This sale will be conducted subject (a) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, (b) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt and (c) the right of redemption of any taxing authority. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Farmers and Merchants Bank, Attorney in fact for Dukk, LLC Matthew P. Smith 701 North Patterson Street Valdosta, GA 31601 Attorney for: Farmers and Merchants Bank 2140 Old Covington Road Conyers, GA 30013 September 12, 19, 26, and October 3, 2026 9:12,19,26,10:3,2026