SILVERLEAF RESORTS
NOTICE OF SALE UNDER POWER OF ASSESSMENT LIENS
STATE OF GEORGIA
COUNTY OF HABERSHAM
Under and by virtue of the power of sale contained in the Amended and Restated Declaration of Restrictions, Covenants and Conditions for Apple Mountain Resort, Habersham County, Georgia recorded in Volume 488, Page 1, in the Superior Court of Habersham County, Georgia (the Declaration), the undersigned will sell at public outcry before the door of the Courthouse of Habersham County, Georgia during the legal hours of sale on the first Tuesday in May, 2024, to the highest and best bidder for cash the properties described in the following:
Deed by Silverleaf Resorts, Inc. (Grantor) to JASON CAREY, KATHY D. CAREY (Grantee) dated 4/30/2000, and recorded in Deed Book 474, Page 907, Habersham County records, conveying Week 39, Unit 0019-E in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to CHARLES B LIGHT AND ANY UNKNOWN BENEFICIARIES OR HEIRS, MARY E LIGHT, ASIA L JAMES (Grantee) dated 9/09/2000, and recorded in Deed Book 484, Page 1167, Habersham County records, conveying Week 34, Unit 0042 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to THOSHOMBIE J JORDAN (Grantee) dated 10/25/2000, and recorded in Deed Book 487, Page 709, Habersham County records, conveying Week 31, Unit 0019-O in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to ERNIE W SANFORD III AND ANY UNKNOWN BENEFICIARIES OR HEIRS, JOAN D SANFORD (Grantee) dated 2/02/2001, and recorded in Deed Book 495, Page 142, Habersham County records, conveying Week 27, Unit 0045 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to REATHA F ROBINSON, TEKEEMA V ROBINSON (Grantee) dated 8/14/2005, and recorded in Deed Book 721, Page 472, Habersham County records, conveying Week 15, Unit 0066 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to CHRISTINE HUNNICUTT (Grantee) dated 5/13/2015, and recorded in Deed Book 1084, Page 488, Habersham County records, conveying Week 30 , Unit 0015 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to SHIRLEY O. KEBBEH AND ANY UNKNOWN BENEFICIARIES OR HEIRS, LEROY WOODLEY (Grantee) dated 6/03/2007, and recorded in Deed Book 813, Page 809, Habersham County records, conveying Week 04 , Unit 0019-O in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to WALID DAMISI, SUZANNE DAMISI (Grantee) dated 8/03/2007, and recorded in Deed Book 820, Page 91, Habersham County records, conveying Week 22 , Unit 0130 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to SHEILA D FOWLER, ANITA PERRYMAN (Grantee) dated 4/27/2008, and recorded in Deed Book 849, Page 366, Habersham County records, conveying Week 49, Unit 0019-E in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to LURLEAN D STEWART, FREDDY L STEWART (Grantee) dated 1/07/2010, and recorded in Deed Book 918, Page 928, Habersham County records, conveying Week 47, Unit 0005 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to JAMIE HELLMAN, JOSEPH WALTERSCHEID JR (Grantee) dated 5/09/2010, and recorded in Deed Book 921, Page 709, Habersham County records, conveying Week 38, Unit 0036-E in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to JAMES M GEBHARDT (Grantee) dated 9/18/2012, and recorded in Deed Book 1002, Page 518, Habersham County records, conveying Week 34, Unit 0058 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to RONNIE RANDOLPH II, JAMIE RANDOLPH (Grantee) dated 10/29/2011, and recorded in Deed Book 973, Page 97, Habersham County records, conveying Week 06, Unit 0004-E in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to KENNYKHIEM NGUYEN, DUNG PHAM (Grantee) dated 11/12/2011, and recorded in Deed Book 973, Page 67, Habersham County records, conveying Week 49, Unit 0038-O in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to LISA KIMBER, FLAVIO RAMIREZ (Grantee) dated 2/26/2012, and recorded in Deed Book 981, Page 577, Habersham County records, conveying Week 13, Unit 0036-E in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to DANIEL NOVA (Grantee) dated 12/29/2012, and recorded in Deed Book 1013, Page 556, Habersham County records, conveying Week 15, Unit 0023 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to CARLEEN CATUSI (Grantee) dated 6/1/2013, and recorded in Deed Book 1065, Page 194, Habersham County records, conveying Week 06, Unit 0135 in the realty described below,.
Deed by Silverleaf Resorts, Inc. (Grantor) to BOBBY W LAYTON (Grantee) dated 4/6/2014, and recorded in Deed Book 1055, Page 955, Habersham County records, conveying Week 39, Unit 0129 in the realty described below,.
JASON CAREY, KATHY D. CAREY, CHARLES B LIGHT AND ANY UNKNOWN BENEFICIARIES OR HEIRS, MARY E LIGHT, ASIA L JAMES, THOSHOMBIE J JORDAN, ERNIE W SANFORD III AND ANY UNKNOWN BENEFICIARIES OR HEIRS, JOAN D SANFORD, REATHA F ROBINSON, TEKEEMA V ROBINSON, CHRISTINE HUNNICUTT, SHIRLEY O. KEBBEH AND ANY UNKNOWN BENEFICIARIES OR HEIRS, LEROY WOODLEY, WALID DAMISI, SUZANNE DAMISI, SHEILA D FOWLER, ANITA PERRYMAN, LURLEAN D STEWART, FREDDY L STEWART, JAMIE HELLMAN, JOSEPH WALTERSCHEID JR, JAMES M GEBHARDT, RONNIE RANDOLPH II, JAMIE RANDOLPH, KENNYKHIEM NGUYEN, DUNG PHAM, LISA KIMBER, FLAVIO RAMIREZ, DANIEL NOVA, CARLEEN CATUSI, BOBBY W LAYTON and may hereinafter be referred to individually as a grantor or collectively as the Grantors
The properties described above being further identified as a vacation resort in Habersham County, Georgia, according to the Declaration, and as shown and described in the Plat of Section 1, recorded in Volume 45, Pages 241-242 and Section 3, recorded in Volume 59, Page 92 and Section 4, recorded in Volume 62, Pages 12-13 of the Plat Records of Habersham County, Georgia, together with the exclusive right to occupy the Unit during Use Period Nos. outlined above, as said Use Period is defined in the Declaration, upon and subject to all of the terms, restrictions, covenants and provisions in the Declaration and any amendments thereto.
TO HAVE AND TO HOLD each of the Weeks and Units in the above-described real property to the use, benefit and behoof of Holiday Inn Club Vacations Incorporated, a Delaware corporation, its successors and assigns, IN FEE SIMPLE forever. All capitalized terms not otherwise defined herein shall be as defined in the Declaration.
Default has occurred and continues under the terms of the Declaration by reason of, among other possible events of default, the nonpayment of assessments. By reason of this default, the assessments have been declared foreclosable according to the terms of the Declaration.
The assessments 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 Declaration and by law, including attorneys fees, notice of intent to collect attorneys fees having been given. Said properties will be sold subject to any outstanding ad valorem taxes and/or assessments (including taxes which are a lien but are not yet due and payable), possible redemptive rights of the Internal Revenue Service, if any, any matters which might be disclosed by an accurate survey and inspection of the property, and any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the assessments. The sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code.
THIS NOTICE IS PROVIDED FOR NOTICE PURPOSES ONLY, TO NOTIFY GRANTORS OF THE IN REM REMEDY OF FORECLOSURE BEING PURSUED SOLELY AGAINST THE PROPERTY DESCRIBED HEREIN, AND TO COMPLY WITH THE NOTICE REQUIREMENTS OF APPLICABLE LAW. TO THE EXTENT ANY OF THE FOREGOING GRANTORS ARE CURRENTLY IN OR HAVE BEEN DISCHARGED FROM A BANKRUPTCY PROCEEDING, NOTHING HEREIN SHOULD BE CONSTRUED AS AN ACT TO COLLECT AGAINST SUCH GRANTOR, OR AS A VIOLATION OF ANY ACTION TAKEN UNDER THE UNITED STATES BANKRUPTCY COURT.
To the best of the undersigned's knowledge and belief, the Weeks and Units described above, respectively, are presently owned by the applicable and respective Grantors described above. To the best of the undersigned's knowledge and belief, the party in possession of each of the Weeks and Units described above, respectively, are the respective Grantors described above and tenants holding under such respective Grantors.
Holiday Inn Club Vacations Incorporated as Attorney-in-Fact for the Grantors.
Wilson Title Agency Services, LLC
9271 S. John Young Parkway
Orlando, Florida 32819
4C-4/10-5/1/24