Newspaper Page Text
The True Citizen, Wednesday, January 10, 2024 — Page 13
Legal Advertising
Tiger, Inc.
0. Franklin Askin, Sr.
Attorney at Law
2913 Professional Parkway
Augusta, GA 30907
(706) 860-9266
Jan. 10,17, 24,31,2024
10
NOTICE OF SALE UNDER
POWER
GEORGIA, BURKE COUNTY
Under and by virtue of the power
of sale contained in a Deed to
Secure Debt from Sara J. Fail
to Otis F. Askin, now deceased,
dated March 29,2016, recorded in
Deed Book 989, Pages 194-197,
Burke County, Georgia records, as
last transferred by Assignment to
Otis Franklin Askin, Jr. and Kristin
Askin Hutto as Co-Trustees as
shown in the Memorandum of
Trust dated 12/28/12 created
under the Last Will and Testament
of Otis Franklin Askin, Sr. dated
12/28/12 and recorded in Burke
County, Georgia in Book 1052,
Pages 159-183, said Assignment
being recorded in Book 1067,
Pages 186-189, and said Deed to
Secure Debt having been given
to secure a note dated March 29,
2016, said Deed to Secure Debt
having been given to secure a
note dated March 29,2016, in the
original principal sum of Thirty
Five Thousand Nine Hundred and
00/100 ($35,900.00) Dollars 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 at Burke County,
Georgia within the legal hours of
sale on the first Tuesday in Febru
ary, 2024, the property described
in said Deed to Secure Debt, to wit:
All those parcels of land, situ
ate, lying, and being in the 67th
G.M.D., Burke County, Georgia,
containing 5.0 acres, more or less,
and being known and designated
as Lots 19 & 20, Section I, Cheryl
Ann Acres Subdivision, as shown
on a plat thereof prepared by Troy
Smith & Associates, Reg. Land
Surveyor, which plat is of record
in the Office of the Superior Court
Clerk for Burke County, Georgia
in Plat File A-6234; reference be
ing made to said plat for a more
complete and accurate descrip
tion of said property. Property is
commonly known as 711 and 709
Four Points Road, Hephzibah,
Georgia 30815.
The debt secured by said Deed
to Secure Debt has been and is
hereby declared due because
of, among other possible events
of default, the non-payment of
the monthly installments on said
loan. The debt remaining in de
fault, this sale will be made for the
purpose of paying the same and
all expenses of this sale, including
legal fees.
This sale will be held subject to
all unpaid taxes, assessments,
and restrictions of record, if any,
transfer tax and all state and
county taxes.
Said property will be sold as
the property of Sara J. Fail, the
property to the best information,
knowledge, and belief of the
undersigned, being presently in
the possession of Sara J. Fail,
and the proceeds of said sale will
be applied to the payment of said
indebtedness and all the expenses
of said sale, including attorney’s
fees, all as provided in said deed,
and the balance, if any, will be
distributed as provided by law.
Terms of the sale are to be cash,
purchaser paying for papers,
revenue stamps, and all state and
county taxes.
This 14th day of December, 2023.
Sara J. Fail
By and through her attorney-in-fact
Otis Franklin Askin, Jr. and Kristin
Askin Hutto as Co-Trustees
For the Trust of Otis Franklin
Askin, Sr.
O. Franklin Askin, Jr.
Attorney at law
2913 Professional Parkway
Augusta, GA 30907
(706) 860-9266
Jan. 10,17, 24,31,2024
11
NOTICE OF SALE UNDER
POWER
GEORGIA, BURKE COUNTY
By virtue of Power of Sale con
tained in Deed to Secure Debt
from LARRY J.SAGRAVES here
inafter Grantor(s), to SOUTHERN
BANK, dated July 20, 2021, re
corded in Deed Book 1201, Pages
117-121, Burke County records;
said Deed to Secure Debt being
given to secure a Note and Se
curity Agreement in the principal
amount of $140,800.75; there
will be sold by the undersigned at
public outcry to the highest bidder
for cash before the Courthouse
door at Burke County, Georgia,
within the legal hours of sale on
Tuesday, February 6, 2024 the
following described property:
ALL THAT TRACT, lot or parcel
of land, together with all improve
ments thereon, situate, lying and
being in the Town of Sardis, Burke
County, Georgia, known and des
ignated as Lots No. Forty-one (41)
and Forty-two (42) in Section Two
(2) according to a survey made of
the Town of Sardis, by J.E. Twitty,
Surveyor, a plat of said survey be
ing of record in the Clerk’s Office of
the Superior Court, Burke County,
Georgia, in Deed Book 15, page
638; and the southern one-half
(1/2) of Lot Forty (40) described as
follows: being the twenty-five (25)
feet next to Lot No. 41 and being
bounded on the North by the other
twenty-five (25) feet of Lot No. 40;
East by Girard Avenue; South by
property of Sarah H. Jones, same
being Lot No. 41 of said survey and
West by an alley.
SAID PROPERTY is subject to
any and all easements and restric
tions of record.
Tax and Parcel: S01 274 (Burke
County)
Pursuant to O.C.G.A. 44-14-
162.2, the entity that has full
authority to negotiate, amend and
modify all terms of the mortgage
with Debtor is: Southern Bank,
PO. Box 927, Waynesboro, Geor
gia 30830. Telephone number 706-
437-7315. Please understand that
the secured creditor is not required
by law to negotiate, amend or
modify the terms of the mortgage
instrument.
To the best of the knowledge and
belief of the undersigned, the party
in possession of the property is
Larry J. Sagraves or others. Said
property commonly known as 913
Girard Avenue, Sardis, GA 30456.
The sale will be conducted subject
to (1) confirmation that the sale
is not prohibited under the U.S.
Bankruptcy Code; and (2) 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 proce
dures regarding the rescission of
judicial and non-judicial sales in
the State of Georgia, the Deed Un
der Power and other foreclosure
documents may not be provided
until final confirmation and audit of
the status of the loan as provided
immediately above.
The debt secured by said Deed
to Secure Debt has been and is
hereby declared due because
of, among other possible events
of default, nonpayment of the
monthly installments 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
attorney's fees. Said property will
be sold subject to any outstanding
ad valorem taxes, special assess
ments, unpaid utility bills consti
tuting liens against the property,
and all Security Deeds, liens and
encumbrances existing when the
above-described Deed to Secure
Debt was filed for record.
Southern Bank, As
Attorney-Fact for the Above-
named Grantor(s)
MARKL.WILHELMI, PC.
By: Mark L. Wilhelmi
3527 Wheeler Road, Suite 401
Augusta, Georgia 30909
Telephone: (706) 868-9646
THIS LAW FIRM IS ATTEMPT
ING TO COLLECT A DEBT, ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Jan. 10,17,24,31,2024
12
NOTICE OF SALE UNDER
POWER
Under and by virtue of the Power
of Sale contained in that certain
Deed to Secure Debt, Assignment
of Rents and Security Agreement
dated October 22, 2021, given
by Waynesboro Farm Land 1,
LLC (hereinafter, “Grantor”) to
KAL Investment Group, Inc., as
recorded on October 25, 2021
in Deed Book 1211, Page 308,
Superior Court of Burke County,
Georgia records (hereinafter the
“Security Deed”), with said Se
curity Deed having been given to
secure that certain Promissory
Note dated October 22, 2021,
made by Hart Dairy Creamery
Corporation, Waynesboro Farm
Land 1, LLC, Hart Dairy Cream
ery Plant Waynesboro Corp.,
Hart Dairy Developments, LLC,
Hart Holdings USA, LLC, Future
Food Ventures, Corp., Hart Dairy
Developments Fund 1, LP, and
Hart Dairy Developments Fund
2, LP in favor of KAL Investment
Group, Inc. in the original principal
amount of Thirteen Million and
00/100 Dollars ($13,000,000.00)
with interest thereon as provided
therein (hereinafter, the “Note”).
There will be sold by the under
signed at public outcry to the
highest bidder for cash before the
Courthouse door at Burke County,
Georgia within the legal hours of
sale onTuesday, February 6,2024,
the following described property
(hereinafter, the “Property”):
PARCEL ONE:
All that tract or parcel of land,
with any improvements thereon,
situate, lying, and being in the 68th
G.M.D., Burke County, Georgia,
containing 171.54 acres, more or
less, and being more particularly
described on a plat of survey en
titled “Plat of Survey for Hart Ac
quisitions, LLC", dated November
15th, 2013, by Steve Bargeron
& Associates, Steve Bargeron,
Georgia R.L.S. No. 1871, said
plat of survey being recorded in
Plat Book B, Page 1054, Burke
County, Georgia, records and
being incorporated herein by refer
ence thereto for a more particular
description
This being the same property con
veyed by Robert E. Gowing, Jr. and
Marjorie Gowing Taylor to Joanne
M. Dixon by Warranty Deed dated
February 12th, 1988, recorded in
Deed Book 161, Page 110, Burke
County, Georgia, records.
Tax Parcels: 123 060
PARCEL TWO:
All that tract or parcel of land,
with improvements thereon, ly
ing and being in the 68th GMD,
Burke County, Georgia, containing
an aggregate of 345.69 acres,
more or less, and being shown
as TRACT I (342.91 acres) and
TRACT II (2.78 acres) on plat of
survey made by Jerry D. Wood,
Surveyor, dated September 22,
2009, and recorded in File for
Plats No. B-489, Burke County
Records. Reference is made to
said recorded plat for a fuller and
more particular description.
Tax Parcel 099 049; 099 049A
PARCEL THREE:
All that tract or parcel of land,
with improvements thereon, ly
ing and being in the 66th GMD,
Burke County, Georgia, contain
ing 378.84 acres, more or less,
and being as appears on plat of
survey made by Jerry D. Wood,
Surveyor, dated September 22,
2009, and recorded in File for
Plats No. B-582, Burke County
Records. Reference is made to
said recorded plat for a fuller and
more particular description.
Tax Parcel 099 052A
PARCEL FOUR:
All that tract or parcel of land, with
improvements thereon, lying and
being in the 68th GMD, Burke
County, Georgia, containing 245.7
acres, more or less, and being
shown as Parcel 2 on plat of sur
vey by Robert A. Bell, Surveyor,
dated November 7,1977, and re
corded in File for Plats No. A-3881,
Burke County Records. Said prop
erty fronts to the North on State
Highway No. 23, and is bounded
now or formerly as follows: On
the East by lands of Joanne M.
Dixon; on the South by lands of
Marvin Mobley, Jr., and a branch
that separates this property from
lands of C. Dale Heath and Caro
lyn F. Heath; on the West by other
lands of Hart Acquisitions, LLC,
and lands of Arthur H. Mallard;
and on the North by State Highway
No. 23. Reference is made to said
recorded plat for a fuller and more
particular description.
Tax Parcel 117 001
All that tract or parcel of land, with
improvements thereon, lying and
being in the 68th GMD, Burke
County, Georgia, containing 100
acres, more or less, and being
identified as Lot No. 12 in the divi
sion of the lands of the Estate of
Needham A. Buxton, as appears
on plat of survey made by John E.
Twitty, Surveyor, dated May, 1916,
and recorded in Division Book B,
Page 265, Burke County Probate
Records. Said property is bounded
now or formerly as follows: On the
North by lands of Elizabeth C. Hall,
and lands of Arthur H. Mallard; on
the East by other lands of Hart
Acquisitions, LLC; on the South by
a branch that separates this prop
erty from lands of C. Dale Heath
and Carolyn F. Heath; and on the
West by a branch that separates
this property from lands of Ray
mond McCoy and Anna McCoy,
and lands of Willie Mae Bargeron
and Lillie Mae Chandler. Refer
ence is made to said recorded
plat for a fuller and more particular
description.
Tax Parcel 117 002
PARCEL FIVE:
All that lot or parcel of land, con
taining 1.31 acres in the 66th G.M.
District of Burke County, Georgia,
and designated as Lot No. 1 of
Shell Bluff Country Estates, Sec
tion IV, and being more particularly
described as follows: Starting at
an iron pipe located on the East
right-of-way of S.R. 80 and 743.97
feet North of River Road and point
of beginning; proceed North 41
degrees 19 minutes 05 seconds
East a distance of 267.88 feet
along the East right-of-way of S.R.
80 to an iron pipe; thence South 48
degrees 40 minutes 55 seconds
East a distance of 290.4 feet to an
iron pipe; thence South 41 degrees
19 minutes 05 seconds West a
distance of 95.0 feet to iron pipe;
thence North 79 degrees 26 min
utes 25 seconds West a distance
of 338.0 feet to an iron pipe and
point of beginning.
Tax Parcel: 105A003
PARCEL SIX:
All that tract or parcel of land lying
and being in the 66th G.M.D. of
Burke County, Georgia, containing
527.73 +1- Acres, as shown on a
plat of survey for Hart Acquisitions,
LLC, made by Steve Bergeron,
Georgia Registered Surveyor No.
1871, dated August 26, 2013, re
corded in Plat Book B, Page 1016,
Clerk's Office, Burke Superior
Court, which plat, by this reference
thereto, is incorporated herein for
a more particular and accurate
description of said property.
This is a portion of the same
property conveyed to AGGEOR-
GIA FARM CREDIT, ACA, from
ROBERT L. MAPP and KATHERIN
C. MAPP, by and through their
duly appointed Attorney-in-Fact,
AgGeorgia Farm Credit, ACA,
by Corrective Deed Under Power
dated May 7, 2013, recorded in
Deed Book 878, Page 220, Su
perior Court Clerk's Office, Burke
County, Georgia, Deed Records.
Tax Parcel: 099 046; 099 046A;
099 046B; 099 046C; 099 046D
PARCEL SEVEN:
All that tract or parcel of land,
situate, lying and being in the 68th
Militia District of Burke County,
Georgia, being known and des
ignated as 179.82 acres, more or
less, as shown on a plat entitled
“Plat of Survey for Hart Acquisi
tions, LLC”, dated December 13,
2012 by Steve Bargeron & Associ
ates, Register Land Surveyor, said
plat being recorded in Plat Book B,
page 903 in the Office of the Clerk
of Superior Court of Burke County,
Georgia, and being incorporated
herein by reference for a more
particular description.
Map and Parcel No.: 123 028
PARCEL EIGHT:
All that tract or parcel of land,
consisting of 8.9 acres, more
or less, with any improvements
thereon, situate, lying and be
ing in the 66th G.M.D., Burke
County, Georgia, and being more
particularly shown on a plat of
survey, dated October 9th, 2013,
by Steve Bargeron & Associates,
Burke County, Georgia R.L.S,
recorded in Plat File B1041, Burke
County, Georgia records, said plat
being incorporated herein for a
more particular description of the
property conveyed herein., Burke
County, Georgia.
Tax Parcels: 099 052D
Together with all fixtures and
personal property attached to and
constituting a part of said Property
as referred to in the Security Deed
and any exhibits thereto.
The debt secured by the above
Security Deed has been and is
hereby declared due because
of, among other possible events
of defaults, failure to pay the in
debtedness as and when due in
the manner provided in the Note
and Security Deed. The debt
described herein remaining in de
fault, this sale will be made for the
purpose of paying said debt and all
expenses of this sale, as provided
in the Security Deed and by law,
including reasonable attorney’s
fees, as provided for therein.
The above-described Property
will be sold subject to outstand
ing ad valorem taxes (including
taxes which are a lien but not yet
due and payable), matters which
might be disclosed by an accu
rate survey and inspection of the
property, assessments, liens, en
cumbrances, zoning ordinances,
restrictions, covenants, and any
matters of record superior to the
above-referenced Security Deed.
To the best of the undersigned’s
knowledge, information, and be
lief, equitable title to the Property
is held by Grantor and Hart Dairy
Creamery Corporation has pos
session of the Property.
The entity that has full authority
to negotiate, amend, and modify
all terms of the Note and Se
curity Deed is: KAL Investment
Group, Inc., Attention of James
R. MacKenzie du Lieu, c/o Gellis
Law Group, Attn: George A. Gellis,
Esq., 641 Lexington Avenue, 14th
Floor, New York, NY 10022, tele
phone number: (212) 634-6454.
The sale will be conducted sub
ject to (1) confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code; and (2)
final confirmation and audit of the
status of the loan by the holder of
the Security Deed.
KAL Investment Group, Inc.,
as Agent and Attorney in Fact for
Waynesboro Farm Land 1, LLC
Patrick M. Sneed, Esq.
Davis, Pickren, Seydel & Sneed,
LLP
285 Peachtree Center Avenue NE
2300 Marquis Two Tower
Atlanta, Georgia 30303
Telephone: (404) 588-0505
Facsimile: (404) 582-8823
psneed@dpsslegal.com
Jan. 10,17, 24,31,2024
13
NOTICE OF SALE UNDER
POWER
GEORGIA, BURKE COUNTY
By virtue of a Power of Sale
contained in that certain Security
Deed from AMY NUNNALLY and
J TRAVIS NUNNALLY to MORT
GAGE ELECTRONIC REGIS
TRATION SYSTEMS INC. AS
GRANTEE, AS NOMINEE FOR
COUNTRYWIDE HOME LOANS,
INC. DBA AMERICA'S WHOLE
SALE LENDER, dated April 24,
2007, recorded May 7, 2007, in
Deed Book 650, Page 52, Burke
County, Georgia Records, said
Security Deed having been given
to secure a Note of even date in
the original principal amount of
Two Hundred Ninety-Nine Thou
sand Five Hundred and 00/100
dollars ($299,500.00), with interest
thereon as provided for therein,
said Security Deed having been
last sold, assigned and transferred
to DLJ Mortgage Capital, Inc.,
there will be sold at public outcry
to the highest bidder for cash at the
Burke County Courthouse, within
the legal hours of sale on the first
Tuesday in February, 2024, all
property described in said Security
Deed including but not limited to
the following described property:
ALL THAT TRACT, LOT OR PAR
CEL OF LAND, LYING AN BEING
IN THE 62ND G.M.D., BURKE
COUNTY, GEORGIA AND MORE
PARTICULARLY SHOWS AND
DESCRIBED CONTAINING 3.00
ACRES UPON A PLAT OF SUR
VEY ENTITLED SURVEY FOR J.
TRAVIS NUNNALLY AND MALAN-
NA B. NUNNALLY PREPARED BY
STEVE BARGERON AND ASSO
CIATES, SURVEYOR, GA.
REG. NO. 1871, DATED JUNE 30,
1999. SAID PLAT OF SURVEY
WAS RECORDED IN THE OF
FICE OFTHE CLERK OF
SUPERIOR COURT OF BURKE
COUNTY, GEORGIA IN PLAT
FILE NO. A-8401 ON 7/9/1999.
SAID PLAT OF SURVEY IS BE
REFERENCE INCORPORATED
HEREIN AND MADE A PART
HEREOF.
Said legal description being con
trolling, however the property is
more commonly known as 335
COHEN RD, WAYNESBORO,
GA 30830.
The indebtedness secured by
said Security Deed has been and
is hereby declared due because
of default under the terms of said
Security Deed. The indebtedness
remaining in default, this sale will
be made for the purpose of paying
the same, all expenses of the sale,
including attorneys’fees (notice to
collect same having been given)
and all other payments provided
for under the terms of the Security
Deed.
Said property will be sold on an
“as-is” basis without any repre
sentation, 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 out
standing ad valorem taxes (includ
ing 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 Security
Deed.
To the best of the knowledge and
belief of the undersigned, the
owner and party in possession of
the property is AMY NUNNALLY, J
TRAVIS NUNNALLY, ortenants(s).
The sale will be conducted sub
ject (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.
The entity having full authority to
negotiate, amend or modify all
terms of the loan (although not
required by law to do so) is: Se
lect Portfolio Servicing, Inc., Loss
Mitigation Dept., 3217 S. Decker
Lake Dr., Salt Lake City, UT 84119,
Telephone Number: 888-818-
6032. Nothing in O.C.G.A. Section
44-14-162.2 shall be construed
to require a secured creditor to
negotiate, amend, or modify the
terms of the mortgage instrument.
DLJ MORTGAGE CAPITAL, INC.
as Attorney in Fact for
AMY NUNNALLY, J TRAVIS NUN
NALLY
THE BELOW LAW FIRM MAY BE
HELDTOBEACTINGASADEBT
COLLECTOR, UNDER FEDERAL
LAW. IF SO, ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
Attorney Contact: Rubin Lublin,
LLC, 3145 Avalon Ridge Place,
Suite 100, Peachtree Corners,
GA 30071
Telephone Number: (877) 813-
0992 Case No. SPS-23-04453-1
Ad Run Dates 01/10/2024,
01/17/2024, 01/24/2024,
01/31/2024
rlselaw.com/property-listing
Jan. 10,17, 24,31,2024
14
NOTICE OF SALE UNDER
POWER
GEORGIA, EMANUEL COUNTY
Under and by virtue of the Power
of Sale contained in a Deed to
Secure Debt given by SHARNI-
SHA BAUGH and CORY WARD
to CHARLES BRANNEN and
PATRICIA BRANNEN, 120 St.
Galilee Road, Midville, GA 30441,
dated February 14, 2020 and re
corded in Deed Book 1133, pages
122-123, Burke County, Georgia
Records and under and by virtue
of the Power of Sale contained in
a Modification Agreement as to
Security Deed given by SHARNI-
SHA BAUGH and CORY WARD to
CHARLES BRANNEN and PATRI
CIA BRANNEN, 120 St. Galilee
Road, Midville, GA 30441, dated
July 30, 2020 and recorded in
Deed Book 1153, pages 123-126,
Burke County, Georgia Records,
conveying the after-described
property, there will be sold by the
undersigned at public outcry to the
highest bidder for cash before the
Courthouse door of Burke County,
Georgia, within the legal hours of
sale on the first Tuesday in Febru
ary, 2024, to wit: February 6,2024,