NOTICE UNDER POWER OF SALE
STATE OF GEORGIA,
COUNTY OF HABERSHAM.
On November 28, 2017, MONTE R. THOMAS AND JOYCE W. THOMAS executed a Forebearance Agreement in the original principal amount of $749,717.92 payable to DSCH Capital Partners, L.L.C. d/b/a Far West Capital. The Agreement and Security Deed contained provisions for the payment of attorney's fees, if collected by law or through an attorney at law. In order to secure the payment of the note, MONTE R. THOMAS AND JOYCE W. THOMAS executed and delivered to DSCH Capital Partners, L.L.C. d/b/a Far West Capital, a Security Deed dated November 28, 2017, recorded in Deed Book 1155, page 421 of the Habersham County, Georgia Deed Records, conveying the following property:
All that tract or parcel of land, together with all fixtures and other personal property as conveyed by the above-referenced Security Deed, lying and being in Land Lots 115, 116, 123, and 124 of the 13th Land District of Habersham County, Georgia, being designated as Lot 16, containing 1.633 acres, more or less; Lot 17, containing 1.407 acres, more or less; Lot 18, containing 1.161 acres, more or less; Lot 19, containing 1.273 acres, more or less; Lot 20, containing 1.512 acres, more or less, Lot 21, containing 5.985 acres, more or less, and Lot 22, containing 6.749 acres, more or less of Phase 11 of The Orchard Subdivision, being shown on plat of survey for The Orchard, Revision of Phase II, prepared by Davidson Land Surveying, Inc., dated July 23, 1999 and recorded in Plat Book 47, page 174, of the Habersham County, Georgia Plat Records, said plat is incorporated herein by reference for a more complete description. LESS and EXCEPT: a 0.495 acre portion of Lot 22, of Phase 11 of The Orchard Subdivision, being conveyed to Carlos Lovell by deed recorded in Deed Book 915, page 448. SUBJECT to Declaration of Covenants and Restrictions of The Orchard recorded in Deed Book 204, page 419, as amended. Subject to Restrictions for Lady Bush Lake as set forth in Warranty Deed recorded in Deed Book 1041, page 712. Subject to all other easements, restrictions, reservations, set-backs, and rights-of-way of record or those delineated on the above-referenced plat of survey, if any.
Said property is commonly known as 160 Pippen Circle, Clarkesville, Habersham County, GA 30523, being Tax Maps 124 037 and 124 037E.
Because MONTE R. THOMAS AND JOYCE W. THOMAS defaulted in fulfilling the terms of said Agreement and Security Deed, DSCH Capital Partners, L.L.C. d/b/a Far West Capital pursuant to the terms of said Agreement and Security Deed securing the same, has exercised its option and declared the entire balance due and collectible. Notice fixing the liability for attorney's fees has been given as required by law.
The property will be sold as the property of MONTE R. THOMAS AND JOYCE W. THOMAS to the best of the undersigned's knowledge and belief, the party in possession of this property is MONTE R. THOMAS AND JOYCE W. THOMAS.
The Security Deed contain a power of sale authorizing DSCH Capital Partners, L.L.C. d/b/a Far West Capital, as attorney in fact for MONTE R. THOMAS AND JOYCE W. THOMAS to sell the aforesaid property in order to satisfy this debt after advertising the same once a week for four (4) weeks in accordance with said power of sale and by virtue thereof, DSCH Capital Partners, L.L.C. d/b/a Far West Capital will sell such property at public outcry to the highest and best bidder for cash, on the first Tuesday in April, 2018, at the place of public sale before the courthouse door in HABERSHAM COUNTY, Georgia, and within the legal hours of sale. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The 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 above-referenced Security Deed.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed.
The proceeds of this sale will be used (1) to pay the expenses of said sale; (2) to pay the sums secured by said Security Deed; (3) to pay any accrued taxes; and, (4) the balance will be distributed as provided by law and as provided in the above-referenced Security Deed.
The undersigned will execute a deed to the purchaser as provided in the above-referenced Security Deed.
DSCH Capital Partners, L.L.C.
d/b/a Far West Capital
as attorney in fact for
MONTE R. THOMAS
AND JOYCE W. THOMAS
OLIVER & WEIDNER, LLC
Attorneys at Law
854 Washington Street, Suite 300
Clarkesville, GA 30523
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.