Foreclosure Notice
NOTICE OF SALE UNDER POWER STATE OF GEORGIA NEWTON COUNTY UNDER AND BY VIRTUE of the power of sale contained in that certain Deed To Secure Debt (With Future Advance Clause) dated October 24, 2019, executed and delivered by SUMMA IRU LLC to THE COMMERCIAL BANK, and recorded October 30, 2019 in Book 3915, Pages 245-257 in the Office of the Superior Court of Newton County, Georgia records (the "Deed to Secure Debt"), conveying the after-described property to secure that certain promissory note (as amended, modified, extended, and/or renewed, the "Note") from SUMMA IRU LCC to THE COMMERCIAL BANK dated February 14, 2023, in the original principal amount of Four Hundred Thirty-One Thousand Two Hundred Forty and 06/100ths Dollars ($431,240.06), THE COMMERCIAL BANK being the current owner and holder of the Note, with interest thereon as set forth therein, there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Newton County, Georgia, within the legal hours of sale on November 4, 2025 (being the first Tuesday of said month), the following described property commonly known as 100 Wilson Road, Covington, Georgia 30016, Parcel Number: 0015000000060A00 (the "Property"): All that tract or parcel of land lying and being in Land Lot 75 of the 10th Land District, of Newton County, Georgia and being shown on a plat of survey prepared for Dale E. and Sandra C. Brown by Hannon, Meeks and Bagwell, surveyors and engineers, Inc., and certified by Miles Hannon, Georgia R.L.S. #1528 and Mack L. Meeks, Georgia R.L.S. #1497, dated August 15, 1972 and recorded in Plat Book 16, Page 31, public records of Newton County, Georgia, which plat is by reference thereto incorporated herein and made a part hereof and being more particularly described as follows: Beginning at the northwest corner of Land Lot 75 of the 10th Land District (said point being the point of intersection of Land Lots 75, 76, 85 and 86); thence running south 1deg 9' west along the west land lot line of Land Lot 75 a distance of 513.5 feet to a point marked by a rock; thence continuing to run south 1deg 9' west along the west land lot line of said Land Lot 75 a distance of 1,481.0 feet to an iron pin located on the centerline of a county road easement having a 30 foot right of way; thence running north 55deg 12' east along the centerline of said county road easement a distance of 120.3 feet to a point; thence running north 64deg 55' east along the centerline of said county road easement a distance of 100.8 feet to a point; thence running north 54deg 18' east along the centerline of said county road easement a distance of 107.1 feet to a point; thence running north 63deg 14' east along the centerline of said county road easement a distance of 100.1 feet to a point; thence running north 68deg 36' east along the centerline of said county road easement a distance of 115 feet to a point; thence running north 87deg 04' east along the centerline of said county road easement a distance of 116.2 feet to a point; thence running south 72deg 04' east along the centerline of said county road easement a distance of 123.5 feet to a point; thence running south 62deg 45' east along the centerline of said county road easement a distance of 211.9 feet to a point; thence running south 66deg 21' east along the centerline of said county road easement a distance of 200.1 feet to a point; thence running south 66deg 47' east a distance of 226.5 feet to an iron pin; thence running north 4deg 31' east a distance of 397.5 feet to an iron pin; thence running south 88deg 45' east a distance of 1,413.6 feet to the centerline of Snapping Shoals Creek (said point at the centerline of Snapping Shoals Creek is hereinafter referred to as Point "A"); thence running northeasterly, northerly, and northwesterly along the centerline of Snapping Shoals Creek and following the meandering thereof a distance of 1,935 feet, more or less, to the point of intersection of said centerline of Snapping Shoals Creek and the north land lot line of Land Lot 75 of the 10th District (said point of intersection hereinafter referred to as Point "B"); Point B can be more definitely located by following the following traverse line as measured from Point A. From Point A thus established, thence running north 50deg 23' east a distance of 134.3 feet to a point; thence running north 19deg 45' east a distance of 266 feet to a point; thence running north 6deg 3' east a distance of 249.7 feet to a point; thence running north 2deg 57' east a distance of 376.6 feet to a point; thence running north 36deg 18' west a distance of 252.9 feet to a point; thence running north 40deg 8' west a distance of 187.9 feet to a point; thence running north 56deg 30' west a distance of 280.0 feet to a point; thence running north 57deg 33' west a distance of 190.9 feet to a point; thence running north 11deg 39' east a distance of 33.9 feet to Point B; From Point B thus established thence running north 88deg 18' west along the north land lot line of said Land Lot 75 a distance of 2,272.4 feet, more or less, to the Point of Beginning; said property being more fully shown and delineated on plat of survey for Byron W. Hall prepared by Hannon, Meeks and Bagwell, Surveyors, dated August 15, 1972. LESS AND EXCEPT: That 17.866-acre tract as shown on survey for I.H.A. Brown Bridge Road Ltd. recorded in Plat Book 14, page 10, Newton County Records. LESS AND EXCEPT: That 14.07-acre tract, including the cemetery, as shown on survey for Dale E. Brown and Sandra C. Brown recorded in Plat Book 21, page 31, Newton County Records. LESS AND EXCEPT: That 3.08-acre tract and that 1.56-acre tract as shown on survey for Dale E. Brown and Sandra C. Brown recorded in Plat Book 22, page 173, Newton County Records. LESS AND EXCEPT: Any Right-of-Way of Wilson Road. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber including timber to be cut now or at any time in the future, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the Property, as more fully described in the Deed to Secure Debt. The debt secured by said Deed to Secure Debt 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, Deed to Secure Debt, and related loan documents. The debt remaining in default, this sale will be made for the purpose of paying same and, additionally, all expenses of this sale, as provided in the Deed to Secure Debt and by law, including without limitation attorney fees (the statutory notice of intent to collect attorney fees having been served). The Property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable); any matters that might be disclosed by an accurate survey and/or inspection of the Property; any assessments, liens, encumbrances, zoning ordinances, restrictions, and covenants; and matters of record superior to the Deed to Secure Debt. Additionally, this 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 Deed to Secure Debt. Notice to the debtor as required by O.C.G.A. SS 44-14-162.2 has been given. THE COMMERCIAL BANK, located at the business address of 1357 Oconee Connector, Building 200, Watkinsville, Georgia 30677, is the entity that has the full authority to negotiate, amend or modify the terms of the Deed to Secure Debt and related loan documents and may be contacted through the following representative: Robert Cook The Commercial Bank 1357 Oconee Connector Building 200 Watkinsville, Georgia 30677 Tel: (706) 227-6117 THE COMMERCIAL BANK, as Attorney-in-Fact for SUMMA IRU LLC Erin S. Woodside, Esq. James-Bates-Brannan-Groover-LLP 1 Press Place Suite 200 Athens, Georgia 30601 (706) 215-8325 PUBLIC NOTICE #703032 10/12,19,26,11/2