Wednesday, April 10, 2024
Notice of Sale Under Power
Georgia, Fannin County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Tri-State Outdoors LLC, a Georgia limited liability company to SkyBeam Capital REIT LLC, dated May 20, 2022, and recorded in Deed Book 1507, Page 574, Fannin County, Georgia records, having been reformed by Default Judgment and Order decreed by the Superior Court of Fannin County, Georgia in CAFN SUV2023000234 and recorded in Deed Book 1579, Page 90, Fannin County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $353,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Fannin County, Georgia, within the legal hours of sale on the first Tuesday in May, 2024, to wit: May 7, 2024, the following described property:
All that tract or parcel of land lying and being a part of Land Lot No. 260 & 281 of the 7th District and 1st Section of Fannin County, Georgia, and being more particularly described as Tracts No. 19, 20 and 21, as shown on a plat of survey by E.M. Smith, GRLS No. 923, dated March 16, 1970 and being recorded in Plat Book 4, Page 228, in the Office of the Clerk of Superior Court of Fannin County, Georgia. Reference is hereby made to said recorded plat of survey for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed.
The above-described property is the same property conveyed from Charles Procacci, Jr. and wife, Diane J. Procacci to Billy L. Long by Warranty Deed dated April 24, 1982. Said deed is recorded in Deed Book 76, Page 616, in the Office of the Clerk of Superior Court of Fannin County, Georgia.
TOGETHER WITH:
All that tract or parcel of land lying and being a part of Land Lot No. 260 & 281 of the 7th District and 1st Section of Fannin County, Georgia, and being more particularly described as Tracts No. 22, 23 and 24 as shown on a plat of survey by E.M. Smith, GRLS No. 923, dated March 16, 1970 and being recorded in Plat Book 4, Page 228, in the Office of the Clerk of Superior Court of Fannin County, Georgia. Reference is hereby made to said recorded plat of survey for the purpose of incorporating same herein for a more complete metes and bounds description of the property herein conveyed.
The above-described property is the same property conveyed from Charles Procacci, Jr. and wife, Diane J. Procacci to Billy L. Long by Warranty Deed dated August 28, 1982. Said deed is recorded in Deed Book 81, Page 49, in the Office of the Clerk of Superior Court of Fannin County, Georgia.
This conveyance is made subject to and together with the right of ingress and egress, all covenant, easements, restrictions, rights-of-way, zoning, local ordinances and subdivision regulations as set forth in said plat of survey or as appearing of records.
Tracts No. 19, 20, 21, 22, 23 and 24 are collectively known as 247 Rock Creek Circle, Blue Ridge, Georgia 30513 and are collectively identified as Tax Map & Parcel No. 0019 A 021.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 247 Rock Creek Circle, Blue Ridge, GA 30513, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Tri-State Outdoors LLC, c/o Evanston David Long, Billy Lee Long, Lisa Jane Long, and Laree Brandi Vanorden, as members and/or guarantors or tenant or tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
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.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
SkyBeam Capital, LLC
Attention: Loss Mitigation Department
3225 Cumberland Blvd, Suite 100
Atlanta, GA 30339
404-793-2323
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
SkyBeam Capital REIT LLC
as attorney in fact for
Tri-State Outdoors LLC, a Georgia limited liability company
Richard B. Maner, P.C.
180 Interstate N Parkway, Suite 200
Atlanta, GA 30339
foreclosuresales@rbmlegal.com
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC23-023
April 10-May 1
#809810