View original fileNOTICE OF FORECLOSURE SALE UNDER POWER
BIBB COUNTY, GEORGIA
Under and by virtue of the Power of Sale contained in that certain DEED TO SECURE DEBT, ASSIGNMENT OF LEASES AND RENTS, ASSIGNMENT OF CONTRACTS, SECURITY AGREEMENT, AND FIXTURE FILING (the “Security Deed”) given by TWIN PINE GROUP, LLC, a Georgia limited liability company (“Grantor”) in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association, together with its successors, participants, and assigns (collectively, “Lender”), dated May 25, 2022, and record- ed on May 27, 2022, in Deed Book 11269 at Pages 92-130, in Office of the Clerk of the Superior Court of Bibb County, conveying the after-described real property to secure that certain Promissory Note signed by Grantor dated May 25, 2022 in the original principal amount of SIX MILLION FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($6,048,000.00) (as at any time further assigned, amended, modified or restated, with interest thereon as set forth therein, collectively, the “Note”), there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door of Bibb County, Georgia, within the legal hours of sale on the first Tuesday in November, 2025, all of the following described property (the “Property”):
The real property located in Bibb County, Georgia, as described below (the “Land”):
TRACT 1:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 155 OF THE 8TH DISTRICT OF BIBB COUNTY, GEORGIA, BEING DESIGNATED AS TRACT A-1 CONTAINING 10.0 ACRES, AS MORE PARTICULARLY DEPICTED ON A PLAT RECORDED IN PLAT BOOK 44, PAGE 38, RECORDS OF BIBB COUNTY, GEORGIA, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE HERETO.
TRACT 2:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 155 OF THE 8TH DISTRICT OF BIBB COUNTY, GEORGIA, BEING DESIGNATED AS TRACT A UPON PLAT MADE BY TAMPLIN & SHERRILL, INC., AS MORE PARTICULARLY DEPICTED ON A PLAT RECORDED IN PLAT BOOK 53, PAGE 55, AFORESAID RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE HERETO.
LESS AND EXCEPT FROM THE ABOVE-DESCRIBED PROPERTY THAT CERTAIN TRACT B AS SHOWN ON THAT CERTAIN PLAT RECORDED IN PLAT BOOK 53, PAGE 55, AFORESAID RECORDS.
ALSO BEING DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SIT- UATE, LYING AND BEING IN LAND LOT 155 OF THE 8TH DISTRICT, THE CITY OF MACON, COUNTY OF BIBB, STATE OF GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT ON THE NORTHEASTERLY MARGIN OF GRAHAM ROAD, SAID POINT LYING NORTHWESTERLY 347.8 FEET, MORE OR LESS, FROM THE INTERSECTION OF THE NORTHEASTERLY MARGIN OF GRAHAM ROAD AND THE NORTHWESTERLY MARGIN OF OLD CLINTON ROAD, SAID POINT BEING THE POINT OF BEGINNING AND THE SOUTHERLY CORNER OF THE TRACT HEREIN DESCRIBED.
FROM THE POINT OF BEGINNING, THENCE, ALONG THE NORTHEASTERLY MARGIN OF GRAHAM ROAD, N 37° 18’ 00” W FOR A DISTANCE OF 323.94 FEET TO A POINT; THENCE, N 35° 49’ 00” W FOR A DISTANCE OF 266.50 FEET TO A POINT; THENCE, DEPARTING SAID RIGHT OF WAY, N 52° 26’ 00” E FOR A DISTANCE OF 268.40 FEET TO A POINT; THENCE, N 21° 35’ 30” W FOR A DISTANCE OF 78.70 FEET TO A POINT; THENCE, N 03° 07’ 30” E FOR A DISTANCE OF 131.60 FEET TO A POINT; THENCE, S 86° 52’ 30” E FOR A DISTANCE OF 91.10 FEET TO A POINT; THENCE N 86° 54’ 00” E A DISTANCE OF 205.10 FEET TO A POINT; THENCE, N 86° 54’ 00” E FOR A DISTANCE OF 142.88 FEET TO A POINT; THENCE, S 35° 39’ 00” E FOR A DISTANCE OF 509.40 FEET TO A POINT; THENCE, S 53° 04’ 00” W FOR A DISTANCE OF 197.90 FEET TO A POINT; THENCE, S 48° 15’ 00” W FOR A DISTANCE OF 237.00 FEET TO A POINT; THENCE, S 55° 21’ 00” W FOR A DISTANCE OF 290.55 FEET TO THE POINT OF BEGINNING, CONTAINING 10.598 ACRES, MORE OR LESS.
TOGETHER WITH all existing and future easements and rights affording access to the Land (the “Easements and Rights”) (herein- after the Land, together with the Easements and Rights, shall be collectively referred to as the “Premises”);
TOGETHER WITH all buildings, structures, and improvements now located or later to be constructed on the Premises (the “Improve- ments” and, together with the Premises, the “Project”);
TOGETHER WITH all existing and future appurtenances, privileges, easements, franchises, and tenements of the Premises, includ- ing all minerals, oil, gas, other hydrocarbons and associated substances, sulfur, nitrogen, carbon dioxide, helium, and other commer- cially valuable substances that may be in, under or produced from any part of the Premises, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant), and water stock, and any portion of the Premises lying in the streets, roads or avenues currently existing or later constructed;
TOGETHER WITH, subject to, and without in any way limiting the absolute assignment in Section 2 of the Security Deed, all existing and future leases, subleases, subtenancies, licenses, rental agreements, occupancy agreements, and concessions relating to the use and enjoyment of or affecting all or any part of the Premises or Improvements, any and all guaranties, extensions, renewals, replacements and modifications thereof, and all other agreements relating to or made in connection therewith, and any agreement (written or oral) between Grantor or its agents, and any tenant, lessee, occupant, licensee, guest or invitee pursuant to which Grantor, or its agent, agrees to permit such tenant, lessee, occupant, licensee, guest or invitee to park in or at the Project (each a “Lease”, and collectively, the “Leases”);
TOGETHER WITH all real property and improvements on such real property, and all appurtenances and other property and interests of any kind or character, whether described in EXHIBIT A to the Security Deed or not that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Premises or Improvements;
TOGETHER WITH all goods, materials, supplies, chattels, furniture, fixtures, equipment, and machinery now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Premises or Improvements, whether stored on the Premises or elsewhere, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration, and plumbing fixtures and equipment, all of which shall be considered to the fullest extent of the law to be real property for purposes of the Security Deed, and any manufacturer’s warranties with respect thereto;
TOGETHER WITH all building materials, equipment, work in process and other personal property of any kind, whether stored on the Premises or elsewhere, that have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the Premises or Improvements;
TOGETHER WITH all of Grantor’s interest in and to all operating accounts, the Loan (as defined in the Note) funds, whether disbursed or not, all reserve accounts, impound accounts, and any other bank accounts of Grantor relating to the Project or the operation thereof;
TOGETHER WITH all rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all earnest money sales deposits) or deposited by Grantor with third parties (including all utility deposits), chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor of Lender), that arise from or relate to construction on the Premises, leasing of the Premises or Improvements, or to any business now or later to be conducted on it, or to the Premises and Improvements generally; TOGETHER WITH all refunds, rebates, reimbursements, reserves, deferred payments, deposits, cost savings, governmental subsidy payments, governmentally-registered credits, other credits (including development credits), waivers and payments, whether in cash or in kind, allocated to the Premises, the Improvements, or Grantor, or due and payable by (i) any federal, state, municipal or other governmental or quasi-governmental agency, authority or district or (ii) any insurance or utility company relating to any or all of the Premises or Improvements or arising out of the satisfaction of any conditions imposed upon or the obtaining of any approvals for the development or rehabilitation of the Land or Improvements;
TOGETHER WITH all insurance policies and the proceeds thereof pertaining to the Premises, the Improvements, or any other prop- erty described Section 1.1 of the Security Deed, and all proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any property described in Section 1.1 of the Security Deed into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding or any settlement in lieu thereof, and all causes of action and their proceeds for any damage or injury to the Premises, Improvements or the other property described in Section 1.1 of the Security Deed, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact;
TOGETHER WITH all of Grantor’s right, title, and interest in and to any and all units, common elements, declarant rights, development rights, and any other rights relating to the Premises or the Improvements, whether now existing or subsequently arising, under any and all condominium declarations, covenants, conditions, and restrictions, development agreements, or other agreements or decla- rations now existing or later executed relating to the Premises or Improvements, and all laws now existing or later enacted relating to the Premises or Improvements, including those relating to condominiums, and all rights of Grantor in connection with any owner’s association, condominium association, architectural control committee, or similar association or committee, established in connection with the Project, including Grantor’s rights and powers to elect, appoint, and remove officers and directors of any such associations or committees;
TOGETHER WITH all of Grantor’s right, title, and interest in and to any swap transaction or interest rate agreement or interest rate hedging program through the purchase by Grantor of an interest rate swap, cap, or such other interest rate protection product (an agreement evidencing any such arrangement, an “Interest Rate Agreement”), all whether now or hereafter entered into by Grantor with respect to the Loan (as defined in the Note), including any and all amounts payable to Grantor, any deposit account or accounts with Lender in the name of Grantor for deposit of payments to Grantor in connection with any Interest Rate Agreement or swap transaction, and any and all funds now or hereafter on deposit therein;
TOGETHER WITH all of Grantor’s right, title, and interest in: (i) all agreements (except for Leases), commitments, and options now or hereafter existing with respect to the construction, ownership, maintenance, operation, management, or use of the Premises or Improvements, including that certain management agreement for the Project between Grantor and the property manager, dated as of May 20, 2022 (as amended, modified, supplemented, restated, or renewed, from time to time, the “Property Management Agreement”); (ii) all plans, specifications, drawings, and reports now existing or hereafter prepared with respect to the Premises or Improvements, including architectural and engineering plans, specifications and drawings, soils reports, environmental reports, and all other property reports; (iii) the Project Licenses (hereinafter defined); (iv) any and all present and future amendments, modifica- tions, supplements, and addenda to any of the items described in clauses (i) through (iii) of Section 1.1.14 of the Security Deed; and (v) any and all guarantees, warranties (including building or manufacturer’s warranties) and other undertakings (including payment and performance bonds) now existing or hereafter entered into or provided with respect to any of the items described in clauses (i) through (iv) of Section 1.1.14 of the Security Deed (collectively, the “Contracts”);
TOGETHER WITH all of Grantor’s right, title, and interest in and to all trade names, trademarks, logos and other materials used to identify or advertise, or otherwise relating to the Premises or Improvements;
TOGETHER WITH, and to the fullest extent not prohibited by applicable laws, all of Grantor’s rights in all building permits, governmen- tal permits, licenses, variances, applications, conditional or special use permits, and other authorizations now or hereafter issued in connection with the construction, development, ownership, operation, management, leasing or use of the Premises or Improvements (the “Project Licenses”);
TOGETHER WITH all books, records, and data pertaining to any and all of the property described above, however recorded, stored, or maintained, including digital, electronic, and computer-readable data and any computer hardware or software necessary to access and process such data (“Books and Records”); and
TOGETHER WITH all products, profits, rents, proceeds of, additions and accretions to, substitutions, and replacements for, and changes in any of the property described in Section 1.1.1 through Section 1.1.18 of the Security Deed;
The debt secured by said Security Deed has been and is hereby declared due 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 and Security Deed. 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 Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Lender is the secured creditor under the Security Deed and Loan (as defined in the Note) being foreclosed. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the loan on behalf of the Lender (although not required by law to do so) is: Thompson Hine LLP, Atten- tion: Curtis Tuggle, who can be contacted at (216) 566-5904, or by writing to 3900 Key Center, 127 Public Square, Cleveland, Ohio 44114, to discuss possible alternatives to avoid foreclosure. Please be advised that the secured creditor is not required by law to negotiate, amend or modify the terms of the Security Deed.
Said Property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water and sewage bills that constitute a lien against the Property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the Property, and (e) all matters of record superior to the Security Deed first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and/or covenants. Lend- er reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Lender may elect, as permitted in the Security Deed.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the deed under power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
To the best knowledge and belief of the undersigned, the party in possession of the Property is or may be TWIN PINE GROUP, LLC and the Property is commonly known as 1737 GRAHAM ROAD, MACON, GEORGIA 31211.
Present holder of said Security Deed, KEYBANK NATIONAL ASSOCIATION, a national banking association, as Attorney-in-Fact for TWIN PINE GROUP, LLC
By its attorneys: THOMPSON HINE LLP Curtis Tuggle, Esq. Thompson Hine LLP 3900 Key Center, 127 Public Square Cleveland, Ohio 44114-1291 Telephone: (216) 566-5904 curtis.tuggle@thompsonhine.com
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT THE DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.