Foreclosure 53804
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF LIBERTY Under and by virtue of the power of sale granted by PALATIZE LLC ("Grantor"), a Georgia limited liability company, to THE CLAXTON BANK, ("Grantee") in that certain Deed to Secure Debt and Security Agreement executed on August 7, 2024 and recorded in Deed Book 2361, Pages 84-103, in the Office of the Clerk of the Superior Court of Liberty County, Georgia (the "Security Deed"), THE CLAXTON BANK offers for sale at public outcry before the Courthouse Door, in Hinesville, Liberty County, Georgia, within the legal hours of sale on the First Tuesday in July, being July 7, 2026, for CASH to the highest bidder, the purchaser paying transfer tax, if any, the following-described property, to-wit: All that certain lot, tract or parcel of land situate, lying and being in the 1359th G.M. District of Liberty County, Georgia, containing 12.447 acres, more or less, and shown and designated on that certain map/plat titled Retracement Survey, 12.447 Acre Tract of the Liberty County Industrial Authority Property being Tradeport Industrial Park and known as 528 Sunbury Road, Liberty County, Georgia, prepared for Stewart Real Estate Holdings LLC; The Claxton Bank, Coastal Area District Development Authority and/or the US Small Business Administration and First American Title Insurance Company, prepared by George M. Ferreira, GRLS No. 2607, dated August 9, 2024 and filed of record in Plat Book 27, Page 99, in the Office of the Clerk of the Superior Court, Liberty County, Georgia records. TOGETHER WITH the following rights and easements, all which shall be appurtenant to the above-described real property: (1) Such common right and easement of enjoyment in and to the Common Maintenance Area as may be granted and conditioned under certain Declaration of Protective Covenants, Agreements, Easements, Charges and liens for Tradeport East by Industrial Developments International, Inc., and Liberty County Industrial Authority, dated February 22, 2008, recorded in Deed Book 1519, Page 505, Liberty County, Georgia real estate records, as amended and supplemented by that certain First Amendment of Declaration, dated October 6, 2008, recorded in Deed Book 1583, Page 40 aforesaid records, as now or hereafter amended or supplemented; and (2) A non-exclusive easement in perpetuity in, upon, over, across, and under the Easement Area (as described below) for vehicular and pedestrian access to and ingress and egress to and from the Property and the public right-of-way known as "Sunbury Road", as well as the construction, installation, use, maintenance, repair and replacement of a driveway and subsurface facilities requiring for its proper drainage (the "Driveway Easement"); provided that the foregoing shall not obligate Stewart Real Estate Holdings LLC to improve the Easement Area as contemplated herein. In the event Stewart Real Estate Holdings LLC shall not require the Driveway Easement or if the authorized improvements are not constructed within the Easement Area on or before July 27, 2023, then the Driveway Easement shall terminate immediately upon the recordation by Liberty County Industrial Authority of a statement confirming the same in the Office of the Clerk of Superior Court of Liberty County. As used herein, "Easement Area" shall mean the southwest comer of the adjacent tract owned by Liberty County Industrial Authority which shares the Property's eastern boundary, all as shown on the drawing attached hereto as Exhibit "B" and which by this reference is made a part of this Exhibit "A" for all purposes; provided that the exact location and dimensions of the Driveway Easement shall be confirmed by Liberty County industrial Authority and Stewart Real Estate Holdings LIC in connection with Stewart Real Estate Holdings LLC's construction of the authorized improvements within the Easement Area, all of which must be approved by Liberty County Industrial Authority. At the time, and at the request of either party but at the sole cost of Stewart Real Estate Holdings LLC, a survey and a companion agreement memorializing the exact location of the Easement Area may be recorded in the Office of the Clerk of Superior Court of Liberty County. At all times, Stewart Real Estate Holdings LLC and its successors-in-title shall, at its sole cost and expense, be responsible for the timely and proper maintenance, repair, and replacement of the improvements constructed pursuant to the Easement. Subject to all easements, restrictions and covenants of record. Property is more commonly known as 528 Sunbury Rd., Midway, Georgia 31320-5431 and having Property Identification Number 284 018 and a portion of 284 003. Also to be sold at such sale shall be certain personal property collateral pledged to THE CLAXTON BANK by PALATIZE LLC pursuant to the terms of the Security Deed described above, such personal property collateral being more particularly described as follows: All Inventory, Furniture, Fixtures and Equipment, including any proceeds and products thereof, located on or attached to the Property, whether now owned or hereafter acquired. The security interest granted in the foregoing personal property, as set forth in the Security Deed described above, has been perfected by virtue of a certain UCC Financing Statement recorded in the central indexing system of the State of Georgia. Notice of Sale of these items of personal property which, in part, may be fixtures attached to and used in connection with the Property is provided in accordance with the provisions of O.C.G.A. SS 11-9-601, et seq. The above-referenced Security Deed, to which reference is hereby made, was given to secure indebtedness evidenced by a Promissory Note dated August 7, 2024 in the original principal sum of $3,191,500.00 executed by PALATIZE LLC (the "Note") and any renewals, extensions, or modifications of such indebtedness in whole or in part (including the modification of the Note dated January 7, 2026 decreasing the principal to $3,126,550.69), and also all future advances that were made thereunder by THE CLAXTON BANK, its successors and assigns, to Grantor. The indebtedness secured by said Security Deed has been and is again declared due and payable in full because of, among other events of default, the failure to make payments under the Note when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the said Security Deed, expenses of the sale, attorneys' fees and all other sums secured by the Security Deed, and the remainder, if any, shall be applied as provided by said Security Deed and by law. On December 20, 2024, PALATIZE LLC transferred title to the Property to LIBERTY COUNTY INDUSTRIAL AUTHORITY by virtue of that certain Limited Warranty Deed recorded in Deed Book 2386, Pages 246-249 in the Office of the Clerk of the Superior Court of Liberty County and subject to that certain Recognition and Subordination Agreement by and between PALATIZE LLC, THE CLAXTON BANK and LIBERTY COUNTY INDUSTRIAL AUTHORITY dated December 20, 2024 and recorded in Deed Book 2386, Pages 277-289 in the Office of the Clerk of the Superior Court of Liberty County. To the best of the undersigned's knowledge and belief the Property is in the possession of PALATIZE LLC, and/or a tenant or tenants. Please be further advised that the entity which has full authority to negotiate, amend and modify all terms of the Note, Security Deed and related documents, is: THE CLAXTON BANK ATTN: Grady Marshall 1 Independent Dr., Ste. 1800 Jacksonville, FL 32202 Tel: (904) 717-6412 Please note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of such loan. TERMS: Cash, purchaser paying for transfer tax, if any, ad valorem taxes and all other Assessments or liens due against the property, if any. Said property will be sold as the property of PALATIZE LLC and subject to all liens, encumbrances, easements, restrictions or other matters of record that may have priority over said Security Deed, if any. Publication Dates: June 11, June 18 and June 25 and July 2, 2026. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PALATIZE, LLC BY: THE CLAXTON BANK, AS ITS ATTORNEY-IN-FACT Taylor L. Dove HUNTER, MACLEAN, EXLEY & DUNN, P.C. Post Office Box 9848 Savannah, Georgia 31412 (912) 236-0261 53804 7.2.26 RL