EXTREMELY EXCESSIVE
NOTICE OF SALE UNDER POWER
GEORGIA, HABERSHAM COUNTY
Under and by virtue of the Power of Sale contained in that certain Security Deed from EXTREMELY EXCESSIVE, LLC ("GRANTOR") TO VALLANT BANK F/K/A PINNACLE BANK S/B/M TO SOUTHERN BANK & TRUST ("GRANTEE") dated March 15, 2019, filed and recorded March 22, 2019, in Deed Book 1187, Page 845, Habersham County Records (hereinafter the "Security Deed"), conveying the after-described property to secure that certain Note dated March 15, 2019, from Borrower payable to Len-der in the original principal amount of One Hundred Thirty Two Thousand Six Hundred Six Dollars and 43/100 ($132,606.43), (hereinafter the "Note"), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Habersham County, Georgia, within the legal hours of sale on the first Tuesday in September, 2026, the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN LAND LOTS 49 AND 68 OF THE 10TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, BEING DESIGNATED AS LOT 15 OF THE HOPE'S LAND SUBDIVISION, CONTAINING 1.00 ACRE, MORE OR LESS, BEING SHOWN ON PLAT OF SURVEY PREPARED FOR HOPE'S LANDING BY RUSSELL BARTLETT, G.R.L.S., DATED OCTOBER 8, 2004, RECORDED IN PLAT BOOK 56, PAGE 193, OF THE HABERSHAM COUNTY, GEORGIA PLAT RE-CORDS, SAID PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS VIA THE COURSE OF EXISTING SUBDIVISION ROADS SHOWN ON THE PLAT REFERRED TO ABOVE.
SUBJECT TO PROTECTIVE COVE-NANTS RECORDED IN DEED BOOK 684, PAGE 163.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RESERVATIONS, SET-BACKS, AND RIGHTS-OF-WAY OF RECORD OR THOSE DELINEATED ON THE ABOVE-REFERENCED PLAT OF SURVEY, IF ANY.
This is the same property conveyed to William T. Goss and Christy D. Goss by virtue of a Joint Tenancy Warranty Deed with Survivorship from Jonathan A. Taylor and Tammie Taylor, dated September, recorded in Deed Book 1095, Page 59.
The property described above (the "Real Property") will be sold together with the following (all of such real property, fixtures and personal property hereinafter being collectively referred to as the Premises):
(a)All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Real Property or under or above the same or any part thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Real Property or any part thereof; or which hereinafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor;
(b)All of the Grantor's right, title and interest in and into all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Real Property, all fittings and fixtures, whether actually or constructively attached to the Real Property and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon, or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor or in which Grantor has interests (hereinafter collectively called "Equipment"), including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards, plumbing, lifting, cleaning, fire prevention, fire extinguishing, and any other safety equipment required by governmental regulation or law, refrigerating, ventilating, and communications apparatus; all gas and electric fixtures, radiators, heaters, boilers, ranges, plumbing and heating fixtures, furnaces, oil burners, or units thereof; appliances; vacuum cleaning systems; elevators; escalators; shades; awn-ings; screens; storm doors and windows; stoves; wall beds; refrigerators or refrigeration apparatus; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors; mantles; drap-eries; carpeting and other floor coverings; furniture and furnishings; all building materials, supplies, and equipment, awning and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles, inventory, accounts, automotive products of every kind and nature whatsoever now or hereafter owned by Grantor and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises, including all extensions, additions, improvements, battlements, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances, inventory, accounts, instruments and chattel paper, general intangibles, documents, farm products and supplies, investment property, deposits, vehicles and other property, existing or hereafter acquired by Grantor, subject to or covered by the Security Deed or any security agreement, conditional sales contract, chattel mortgage or similar lien or claim with the Gran-tee, and replacements, substitutions and proceeds of the property described hereinabove; and
(c)All income, rents, issues, and profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same.
(d)All equipment and fixtures of the debtor used in or useful in the conduct of the debtors operation of a business, now or hereafter acquired, and all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. 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 attorney's fees (notice of intent to collect attorney's fees having been given as provided by law).
The Premises will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, easements against the property, if any, and subject to any unpaid water and waste bills that constitute liens against the property, whether due and payable or not yet due and payable. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the Real Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed
The following information is being provided in accordance with O.C.G.A. § 44-14-162.2. Vallant Bank f/k/a Pinnacle Bank s/b/m to Southern Bank & Trust is the secured creditor under the Security Deed and loan as herein referenced. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated Note on behalf of the secured creditor: Vallant Bank, Attn: Foreclosures, , (706) 526-453. O.C.G.A. § 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument."
To the best of the undersigned's know-ledge and belief, the Real Property is known as: 111 Hopes Circle, Demorest, GA 30535, and the party in possession of the Premises is Extremely Excessive, LLC, or Extremely Excessive, LLC's, tenant or tenants.
Vallant Bank, as Attorney-in-Fact for Extremely Excessive, LLC
Thompson, O'Brien, Kappler & Nasuti, P.C.
2 Sun Court, Suite 400
Peachtree Corners, Georgia 30092
(770) 925-0111
4C-8/5-8/26/26
