SHINNSPLINT3 LLC
SHINNSPLINT3 LLC NOTICE OF SALE UNDER POWER GEORGIA, FORSYTH COUNTY By virtue of a Power of Sale contained in that certain Deed to Secure Debt and Security Agreement dated July 26, 2023, filed and recorded August 1, 2023 in Deed Book 11059, Page 46, et. seq., Forsyth County, Georgia records (as amended, modified or revised from time to time, collectively, the "Security Deed"), from Shinnsplint3 LLC, a Georgia limited liability company to Pinnacle Bank, a Tennessee bank ("Pinnacle"), said Security Deed having been given to secure that certain Promissory Note from Shinnsplint3 LLC to Pinnacle dated July 26, 2023 in the original principal amount of THREE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100THS DOLLARS ($3,150,000.00) (as amended, modified or revised from time to time, collectively, the "Note"), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of FORSYTH COUNTY, Georgia, within the legal hours for sale on the first Tuesday in July, 2026 (the "Sale"), all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, been previously released from the lien of the Security Deed by duly executed and recorded instrument): ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 482, 1st Section, 2nd District, Forsyth County, Georgia, being designated as Tract 2, containing 3.213 acres, more or less, as shown on that Minor Subdivision Plat, dated May 26, 2023, prepared by Metro Engineering & Surveying Co., Inc., certified by James R. Green, G.R.L.S. No. 2543, recorded in Plat Book 207, Page 77, Forsyth County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference. The sums due under said Security Deed (the "Indebtedness") have been, and are hereby, declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the Indebtedness as and when due. The Indebtedness remaining in default, this Sale will be made for the purpose of applying the proceeds thereof to the payment of the Indebtedness secured by the Security Deed and the Note, accrued interest and expenses of sale, and all other payments provided for under the Security Deed and the Note, notice of intention to collect attorneys' fees having been given as provided by law, and the remainder, if any, shall be applied by law. The property will be sold as property of the Grantor. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Shinnsplint3 LLC or tenant(s). The property will be sold "as is", without express or implied warranties of any kind, subject to (i) all zoning ordinances and/or regulations; (ii) matters which would be disclosed by an accurate survey or by inspection of the property; (iii) any and all unpaid real and personal property ad valorem taxes, special assessments and governmental assessments, which may constitute liens upon said property; (iv) any and all prior restrictions, rights of way, and assessments of record, if any, appearing of record prior to the date of the Security Deed; (v) any and all restrictions, rights of way, and easements of record appearing of record after the date of the Security Deed and consented to of record by the original lender or holder, as applicable; (vi) all outstanding bills for public utilities that constitute liens upon said property; and (vii) all liens which, under applicable law, would take priority over the Security Deed. The undersigned is not required by law to negotiate, amend, or modify the terms of the Note or the Security Deed. The individual with full authority to negotiate, amend and modify the terms of the Note and the Security Deed is as follows: Ms. Lisa Terry, Pinnacle Bank, 75 Metromont Rd., Hiram, GA 30141; Telephone: (470) 890-5505. The Sale will be conducted subject (1) to confirmation that the Sale is not prohibited under the United States Bankruptcy Code; (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed; and (3) to the provisions of O.C.G.A. SS 9-13-172.1 which permits rescission of judicial and non-judicial sales in the State of Georgia in limited circumstances. PINNACLE BANK AND ITS COUNSEL ARE ACTING AS DEBT COLLECTORS, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PINNACLE BANK as Attorney-in-Fact for SHINNSPLINT3 LLC Contact: Ron C. Bingham, II, Esq. Adams & Reese, LLP 3455 Peachtree Road, NE, Suite 1750 Atlanta, Georgia 30326 (470) 427-3700 160514 6/10, 17, 24, 7/1