NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF COLUMBIA
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Security Agreement and Assignment of Rents and Leases, from Bell Investment Company (“Grantor”), to and in favor of Velocity Commercial Capital, LLC (“Original Lender”), dated March 12, 2024, recorded March 15, 2024 at Deed Book 15078, Page 67, Columbia County, Georgia records; as assigned to U.S. Bank Trust Company, National Association as Trustee for Velocity Commercial Capital Loan Trust 2024-3 (“Lender”) by that certain Assignment of Deed to Secure Debt, recorded August 20, 2024 at Deed Book 15281, Page 201, aforesaid Georgia records (the “Security Deed”); securing that certain Term Note, dated March 12, 2024 in the original principal amount of $500,000.00 (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door or any other officially designated area for such foreclosure sales in Columbia County, Georgia, on the first Tuesday, in October, 2025, the following described property (the “Premises”) to wit:
All that lot, tract or parcel of land, with improvements thereon, lying situate and being in the 125th G.M.D. of Columbia County, Georgia and containing 0.080 acres, more or less, and being shown and designated at Parcel "A" on a plat prepared for Bell Investment Co. by G.F. "Bo" Slaughter, GA RLS #2614, dated February 6, 2006 and recorded 4/26/06 in the Office of the Clerk of Superior Court of Columbia County, Georgia in PC E, Slide 184 #6.
And
All that tract or parcel of land, situate, lying and being in the State of Georgia, County of Columbia, containing 1.47 acres as shown on a plat prepared for EVCC Lumber & Building Supply by Bobby G. Price, Consulting Engineering dated March 18, 1986, and recorded in the Office of the Clerk of Superior Court of Columbia County, Georgia, in P.C. "A", Slide 183 #5; reference hereby made to said plat for a more complete and accurate description as to metes, bounds and location of said property.
Said property is conveyed along with and subject to a certain Joint Driveway Easement Agreement between James M. Dawkins, Sr. and John William Marshall dated June 26, 1986, and recorded in said Clerk's Office in Deed Book 493, pages 324-327.
Deed Type: Warranty Deed
Grantors: John William Marshall
Grantees: Bell Investment Co. a Georgia corporation
Dated: February 9, 2006
Recorded Date: April 26, 2006
Consideration: $10.00
BOOK: 5395
PAGE: 239
Instrument: 036200600101
Parcel ID: 072 204 and 072 043Y
Commonly known as 702 North Belair Road, Evans, GA 30809
FURTHER LESS AND EXCEPT that property, if any, released of record.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
The entity that has full authority to negotiate, amend, and modify all terms of the Note with the Borrower is: Velocity Commercial Capital, LLC, agent for Lender, Ivan Lopez, 2945 Townsgate Road, Ste. 110, Westlake Village, CA 91361; (818) 532-3724, ilopez@velocitycommercial.com. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the Deed instrument.
To the best knowledge and belief of the undersigned, the party in possession of the Premises is Grantor, Bell Investment Company, or a tenant or tenants and said property is more commonly known as 702 North Belair Road, Evans, GA 30809
U.S. Bank Trust Company, National Association as Trustee for Velocity Commercial Capital Loan Trust 2024-3
as Attorney-in-Fact for
Bell Investment Company
Lisa A. Frank
McCalla Raymer Leibert, Pierce, LLP
1544 Old Alabama Road
Roswell, Georgia 30076
(678) 281-6503
Lisa.Frank@mccalla.com
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