GEORGIA,
RABUN COUNTY
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement (Future Advances) (Collateral Is or Includes Fixtures) given by KELVIN SLATER and AMANDA SLATER ("Grantor"), to AMERIS BANK ("Grantee"), dated August 6, 2021, as recorded in Deed Book A49, Page 463, Rabun County, Georgia records on August 27, 2021 ("Security Deed"), conveying the after-described property to secure payment of a Promissory Note dated August 8, 2021 conveyed by SLATER WESTSIDE, LLC to AMERIS BANK in the original principal amount of $6,261,000.00, with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder, for cash, before the courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in June, - JUNE 4, 2024 - the following described property:
A LEASEHOLD INTEREST IN AND TO AND ALL IMPROVEMENTS LOCATED ON ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 105 OF THE FIFTH LAND DISTRICT OF RABUN COUNTY, GEORGIA, BEING GEORGIA POWER COMPANY LEASE LOT 2202, AREA 9 OF LAKE BURTON RECREATIONAL DEVELOPMENT CONTAINING 2.43 ACRES AS MORE PARTICULARLY DESCRIBED UPON THAT CERTAIN PLAT OF SURVEY PREPARED BY T. LAMAR EDWARDS, GEORGIA REGISTERED LAND SURVEYOR NO. 1837, DATED OCTOBER 22, 2008 AND RECORDED IN PLAT RECORDS 60-262, CLERKS OFFICE, RABUN SUPERIOR COURT. REFERENCE IS HEREBY HAD AND MADE TO SAID PLAT OF SURVEY FOR THE PURPOSE OF INCORPORATING SAME HEREIN FOR A DESCRIPTION OF THE PROPERTY HEREIN CONVEYED.
THE PROPERTY HEREIN CONVEYED IS SUBJECT TO THAT PORTION OF SAME LYING AND BEING WITHIN THE RIGHT-OF-WAY OF STATE ROAD 197, A PUBLIC ROAD, AND THE RIGHTS OF OTHERS TO USE, MAINTAIN AND REPAIR SAME.
TOGETHER WITH:
LEASE AGREEMENT BY AND BETWEEN KELVIN SLATER AND AMANDA SLATER, AS TENANT, AND GEORGIA POWER COMPANY, AS LANDLORD, DATED JANUARY 17, 2020, RECORDED IN DEED BOOK A47, PAGE 93, RABUN COUNTY, GEORGIA RECORDS.
The debt secured by said Security Deed 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 Security Deed, and breach of that certain Collateral Assignment of Tenants Interest in Lease dated August 6, 2021, conveyed by Slater Westside, LLC to Ameris Bank and U.S. Small Business Administration/Georgia Certified Development Corporation as recorded in Deed Book 67183, Page 539, Fulton County, Georgia records on September 14, 2023. The Note and Security Deed remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
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 all matters of record superior to the Security Deed first set out above.
Ameris Bank is the holder of the Note and Security Deed to the property. In accordance with 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 the debtor is: Ameris Bank, 304 Tribble Gap Road, Suite 200, Cumming, GA 30040; (404) 814-8028.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Kelvin Slater and Amanda Slater, or a tenant or tenants thereof, and said property is more commonly known as 4242 HIGHWAY 197, CLARKESVILLE, GA 30523.
This 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.
AMERIS BANK,
as attorney in fact for
KELVIN SLATER and
AMANDA SLATER
Simpson, Uchitel & Wilson, L.L.P.
Attn: A. Christian Wilson, Esq.
One Securities Centre, Suite 1100
3490 Piedmont Rd., NE
Atlanta, GA 30305
404) 266-2421
cwilson@suwllp.com
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
4P-5/9-5/30/2024