Notice of Sale 24136
"NOTICE OF SALE UNDER POWER" STATE OF GEORGIA, COUNTY OF EFFINGHAM Pursuant to a power of sale contained in that certain Deed to Secure Debt and Security Agreement ("Security Deed") recorded in Deed Book 2951, Page 110, Effingham County, Georgia Records, by BRENNAN CAPITAL INVESTMENTS, LLC to Southern Development Partners, LLC ("Lender"), conveying the after-described property securing an indebtedness in the original amount of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS AND 00/100 ($1,500,000.00), as modified in Deed Book 3023, Page 577 and in Deed Book 3054, Page 117, aforesaid records, with interest thereon as set forth therein, Lender will sell before the door of the courthouse in said County within the legal hours of sale, for cash, to the highest bidder on Tuesday, October 6, 2026 the below described property. All that certain lot, tract or parcel of land, situate, lying and being in the 9th G.M. District, Effingham County, Georgia, containing a total of 29.67 acres, more or less, being described, depicted, and designated as PARCEL "E" 29.67 ACRES on that certain plat titled, "Plat of Subdivision Surveyed for Heman C. Woods," prepared for Herman C. Woods by Wilder Surveying & Mapping, bearing the seal and certification of Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, said plat being dated July 24, 1990 and recorded on October 8, 1990 in Plat Book 26, Page 26 and placed in Cabinet A141, Slide D in the Office of the Clerk of the Superior Court of Effingham County, Georgia, reference to which is hereby made for a more particular description. LESS AND EXCEPT the following described property: All that certain lot, tract or parcel of land, situate, lying and being in the 9th G.M. District, Effingham County, Georgia, being the same property conveyed by Herman C. Woods to Effingham County Board of Commissioners by Quitclaim Deed dated March 19, 2002 and recorded on March 26, 2002 in Deed Book 813, Page 230 in the Office of the Clerk of the Superior Court of Effingham County, Georgia, and being more particularly described as follows: Commencing at a point located at the intersection of the centerline of Hodgeville Road and the north existing right of way line of Blue Jay Road; thence, northward along said north existing right of way line a distance of 7160 feet to the POINT OF BEGINNING; thence, N 34deg 47' 35'' W a distance of 1714.06 feet to a point located on the Grantor's north property line; thence, N 65deg 16' 06" E along said north property line a distance of 30.47 feet to a point located at the intersection of said north property line and the Grantor's east property line; thence, S 34deg 47' 35" E along said east property line a distance of 1696.12 feet to a point located on the north existing right of way line of Blue Jay Road; thence, southward along said north existing right of way line along a curved line an arc distance of 32.55 feet back to said POINT OF BEGINNING. Said area described consists of 1.174 acres and is shown in yellow on plat (Dated October 2, 2001; revised after December 13, 2001) attached to the Quitclaim Deed from Herman C. Woods to Effingham County Board of Commissioners dated March 19, 2002 and recorded on March 26, 2002 in Deed Book 813, Page 230 in the Office of the Clerk of the Superior Court of Effingham County, Georgia. FURTHER LESS AND EXCEPT the following described property: All that certain lot, tract or parcel of land, situate, lying and being in the 9th G.M. District, Effingham County, Georgia, being the same property conveyed by Herman C. Woods to SAVANNAH ELECTRIC AND POWER COMPANY by Warranty Deed dated February 8, 1995 and recorded on February 8, 1995 in Deed Book 376, Page 203 in the Office of the Clerk of the Superior Court of Effingham County, Georgia, and being more particularly described as a .60 acre parcel, more or less, being described, depicted, and designated as Tract 2B on that certain map or plat titled, "Plat of Property of Herman C. Woods Surveyed for Tract 2A - Southern Natural Gas, Tract 2B - Savannah Electric & Power Company," prepared by Wilder Surveying & Mapping, bearing the seal and certification of Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, said plat being dated November 16, 1994 and recorded on February 8, 1995 in Plat Cabinet A, Page 305A in the Office of the Clerk of the Superior Court of Effingham County, Georgia, reference to which is hereby made for a more particular description. FURTHER LESS AND EXCEPT the following described property: All that certain lot, tract or parcel of land, situate, lying and being in the 9th G.M. District, Effingham County, Georgia, being the same property conveyed by Herman C. Woods to SOUTHERN NATUAL GAS COMPANY by Warranty Deed dated February 8, 1995 and recorded on February 8, 1995 in Deed Book 376, Page 205 in the Office of the Clerk of the Superior Court of Effingham County, Georgia, and being more particularly described as a .26 acre parcel, more or less, being described, depicted, and designated as Tract 2A on that certain map or plat titled, "Plat of Property of Herman C. Woods Surveyed for Tract 2A - Southern Natural Gas, Tract 2B - Savannah Electric & Power Company," prepared by Wilder Surveying & Mapping, bearing the seal and certification of Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, said plat being dated November 16, 1994 and recorded on February 8, 1995 in Plat Cabinet A, Page 305A in the Office of the Clerk of the Superior Court of Effingham County, Georgia, reference to which is hereby made for a more particular description. Said property being more commonly known being designated by the Effingham County Board of Assessors as Property Identification Number 04140009. Subject, however, to all restrictive covenants, easements, and rights-of-way of record affecting the subject property, if any. TOGETHER WITH: LEGAL DESCRIPTION OF PIN Nos.: 04150010 (containing approximately 56.91 acres) and 04150010A00 (containing approximately 12.79 acres): All that certain tract or parcel of land situate, lying and being in the 9th G.M. District, Effingham County, Georgia, and being particularly shown and described as "Tract l" on that certain map or plat entitled "Minor Subdivision/ Recombination Plat of 169.813 acres, being portions of the lands of J. Stafford Enterprises, LP", dated March 24, 2005 and prepared by Thomas & Hutton Engineering Co. for Slyland Development, LLC. Said map or plat is recorded in the records of the Clerk of the Superior Court of Effingham County, Georgia in Plat Book C, Page 79A-1, and said map or plat is incorporated herein by reference for a particular description of the metes, bounds and dimensions of the property herein described. The above described property is irregular in shape and contains 147.171 acres, has a frontage of 513.52 feet on Blue Jay Road and is bounded as follows: on the North by lands now or formerly of Kessler J. Newell; on the East by lands now or formerly of Herman C. Woods, Olin D. King and Mark A. King; on the West by lands now or formerly of Bobby L. Zipperer and Lois C. Nease; and on the South by Blue Jay Road. LESS AND EXCEPT all those certain lots, tracts or parcels of land lying and being in the 9th G.M. District, Effingham County, Georgia, being known as STAFFORDSHIRE SUBDIVISION, PHASE 1, consisting of numbered and designated as Lots 1 through 50, inclusive, Open Space "A" containing 1.83 Ac., Open Space "B" containing 0.82 Ac., Open Space "C" containing 1.42 Ac., STAFFORDSHIRE EQUESTRIAN CENTER containing 3.96 Ac., STAFFORDSHIRE EQUESTRIAN CENTER containing 0.42 Ac., LIFT STATION SITE containing 0.27 Ac., Oakland Dr. 60' R/W, Oakland Dr. 50' R/W, Meadowlands Dr. 50'R/W, DEL MART CT. 50' R/W and SANTA ANITA WAY 60' R/W, all being shown on that certain plat entitled, "Staffordshire Subdivision, Phase 1, 9th G.M. D., Effingham County, Georgia," dated June 8, 2006, revised on October 24, 2006, and prepared by Hussey, Gay, Bell & DeYoung, Inc., said plat being recorded in Plat Book C145, Pages A-F in the Office of the Clerk of the Superior Court of Effingham County, Georgia, to which map reference is made for a more particular description of the property herein described. FURTHER LESS AND EXCEPT all those certain lots, tracts or parcels of land being known, numbered and designated as OPEN SPACE "E" containing 1.27 acres, and OPEN SPACE "F" containing 10.12 acres, both being shown on that certain plat entitled Staffordshire Subdivision, Phase 1, 9th G.M. District, Effingham County, Georgia, dated June 8, 2006 and prepared by Hussey, Gay, Bell & De Young, Inc., said plat being recorded in the Office of the Clerk of Superior Court of Effingham County, Georgia in Plat Cabinet C140, Page E and revised in Plat Book C145, Page E, to which Plat reference is hereby made for a more particular description of the property herein described. FURTHER LESS AND EXCEPT all those certain lots, tracts or parcels of land lying and being in the 9th G.M. District, Effingham County, Georgia, being known as STAFFORDSHIRE SUBDIVISION, PHASE 2, consisting of lots numbered and designated as Lots 51 through 86, inclusive, SRATOGA DR. - 50' R/W, SANTA ANITA WAY - 60' R/W, and OPEN SPACE AND 25' DRAINAGE EASEMENT, all being shown on that certain plat entitled Staffordshire Subdivision, Phase 2, 9th G.M. D., Effingham County, Georgia, dated April 22, 2010 and prepared by Hussey, Gay, Bell & DeYoung, Inc., said plat being recorded in Plat Book D91, Pages Cl & Dl, in the Office of the Clerk of the Superior Court of Effingham County, Georgia, to which map reference is made for a more particular description of the property herein described. FURTHER LESS AND EXCEPT all those certain lots, tracts or parcels of land lying and being in the 9th G.M. District, Effingham County, Georgia, being known as STAFFORDSHIRE SUBDIVISION, PHASE 3, consisting of lots numbered and designated as Lots 1 through 35, inclusive, Common Area containing 0.91 Ac., AQUADUCT DR. 50' R/W and OPEN SPACE & 25' DRAINAGE EASEMENT, all being shown on that certain plat entitled Staffordshire Subdivision, Phase 3, 9th G.M. District, Effingham County, Georgia, dated July 24, 2015, revised August 11, 2015 and prepared by Hussey Gay Bell & De Young, Inc., said plat being recorded in Plat Book D158, Pages Bl & Cl, In the Office of the Clerk of the Superior Court of Effingham County, Georgia, to which map reference is made for a more particular description of the property herein described. Together with all of Grantor's rights, interests and obligations as Declarant under that certain Declaration of Protective Covenants for Staffordshire Estates, recorded in Deed Record Book 1529, Page 489 in the Office of the Clerk of the Superior Court of Effingham County, Georgia, as amended and/or supplemented. Subject, however, to all recorded covenants, conditions, easements, restrictions and rights of way. The above described property consists of the following PIN Nos.: 04150010 (containing approximately 56.91 acres) and 04150010A00 (containing approximately 12.79 acres). The debt secured by said Security Deed has been accelerated 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 Security Deed. 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 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, and assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Upon information and belief BRENNAN CAPITAL INVESTMENTS, LLC is in possession of said property. Lender is the holder of the Security Deed to the property in accordance with O.C.G.A. SS 44-14-162.2. The entity that has full authority to negotiate, amend and modify all terms of the security deed with the debtor is: Clark Law Group, LLC, 1270 Caroline Street, D120-117, Atlanta, Georgia 30307, (678) 999-8045. Southern Development Partners, LLC as attorney-in-fact for Brennan Capital Investments, LLC 24136 9.30.26 RL