Property will be sold at public auction on May 5, 2026.
Official courthouse record · Indexed in NoticeRegistry archive · AI-enriched for research
- Published
- Category
- Foreclosure
- City
- Albany
Research context
What to do next
- 1
Attend the auction
Be present at the Dougherty County Courthouse on May 5, 2026, for the auction.
- 2
Prepare finances
Ensure you have cash available for bidding at the auction.
- 3
Contact the bank
Reach out to Merchants Bank of Indiana for any inquiries regarding the sale.
Frequently asked questions
- What is the date of the foreclosure sale?
- The foreclosure sale is scheduled for May 5, 2026.
- Where will the property be sold?
- The property will be sold at the Dougherty County Courthouse.
- Who is the holder of the mortgage?
- The holder of the mortgage is Merchants Bank of Indiana.
- What is the address of the property?
- The property address is 2224 Habersham Road, Albany, GA 31701.
The suggestions and answers above are AI-generated for general information only. They can be wrong, and we don't take responsibility for their accuracy. Talk to a qualified professional before acting on them.
Full Notice Text
A-343NOTICE OF SALE UNDER POWERSTATE OF GEORGIACOUNTY OF DOUGHERTYUnder and by virtue of the power of sale contained in that certain Deed to Secure Debt, Security Agreement and Assignment of Rents (Facility A) from The Gables Residential, LLC, a Florida limited liability company (the “Grantor”) to and in favor of Merchants Bank of Indiana (the “Holder”) dated July 29, 2022, and recorded in Deed Book 5005, Page 11 and re-recorded in Deed Book 5030, Page 242, Dougherty County, Georgia records (as assigned, amended and/or modified, the “Security Deed”), securing that certain Promissory Note (Facility A) dated July 29, 2022 in the original principal amount of $8,391,000.00 executed by Grantor payable to Holder (as amended and/or modified, the “Note”), there will be sold at public outcry by Holder, as attorney-in-fact for Grantor, to the highest bidder for cash between the legal hours for sale before the Courthouse door in Dougherty County, Georgia, on May 5, 2026, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:Property Address: 2224 Habersham Road, Albany, GA 31701All that tract or parcel of land and being in Land Lot 360, First Land District, Dougherty County, Georgia and being more particularly described as follows: BEGIN at the intersection of the south right of way of Randolph Avenue and the east right of way of Habersham Road; from this point go south 89 degrees 50 minutes 00 seconds east, a distance of 990.72 feet to a point; thence go north 00 degrees 21 minutes 10 seconds west a distance of 368.88 feet to a point; thence go north 41 degrees 36 minutes 05 seconds east a distance of 54.71 feet to a point; thence go north 01 degrees 19 minutes 00 seconds east a distance of 540.60 feet to a point; thence go north 88 degrees 40 minutes 56 seconds west a distance of 874.93 feet to a point on the east right of way of Habersham Road; thence go south 40 degrees 56 minutes 00 seconds west a distance of 157.66 feet to the P.C. of a curve; thence continue along the east right of way of Habersham Road along a curved right of way, the chord being south 20 degrees 33 minutes 00 seconds west to the P.T. of the curve (the chord distance being 163.10 feet, and the arc distance of the curved right of way being 166.59 feet and the curve having a radius of 234.13 feet); thence continue along the east right of way of Habersham Road south 00 degrees 10 minutes 00 seconds west a distance of 699.45 feet to the POINT OF BEGINNING. Said tract contains 22.062 acres.ALSO BEING DESCRIBED AS:All that tract or parcel of land and being in Land Lot 360, First Land District, Dougherty County, Georgia and being more particularly described as follows:BEGIN at the intersection of the south right of way of Randolph Avenue and the east right of way of Habersham Road; from this point go south 89 degrees 50 minutes 00 seconds east, a distance of 990.80 feet to a point; thence go north 00 degrees 21 minutes 10 seconds west a distance of 368.88 feet to a point; thence go north 41 degrees 36 minutes 05 seconds east a distance of 54.71 feet to a point; then go north 01 degrees 19 minutes 00 seconds east a distance of 540.60 feet to a point; thence go north 88 degrees 40 minutes 56 seconds west a distance of 874.98 feet to a point on the east right of way of Habersham Road; thence go south 40 degrees 56 minutes 00 seconds west a distance of 157.66 feet to the P.C. of a curve; thence continue along the east right of way of Habersham Road along a curved right of way, the chord being south 20 degrees 33 minutes 00 seconds west to the P.T. of the curve (the chord distance being 163.10 feet, and the arc distance of the curved right of way being 166.59 feet and the curve having a radius of 234.15 feet and having a central angle of 40°55'56”); thence continue along the east right of way of Habersham Road south 00 degrees 10 minutes 00 seconds west a distance of 698.65 feet to the POINT OF BEGINNING. Said tract contains 21.97 acres. TOGETHER WITH, All of the present and future estates, interests and rights of Grantor in and to (i) the Real Estate, (ii) all real estate in which Grantor may now or hereafter acquire an interest by reason of any accession or accretion with respect to the Real Estate and (iii) all real estate situated within the rights-of-way of any streets, alleys and roads adjoining the Real Estate;All buildings, structures, improvements and fixtures (including but not limited to all lighting fixtures and mechanical equipment) now or hereafter erected or placed in or upon the Real Estate or now or hereafter attached to or used in connection with the Real Estate to the extent such items may be considered part of the Real Estate under applicable law;All tenements, hereditaments, easements, appurtenances and other rights and privileges thereunto now or hereafter attaching and belonging, or in any way appertaining to the Real Estate, including without limitation (i) all surface and subsurface soils, (ii) all minerals, elements, oil, gas, and other commercially valuable substances which may be in, under or produced from any part of the Real Estate, (iii) all air rights, and (iv) all water and water rights; All rents, issues, profits, income, cash, proceeds, accounts, accounts receivable, instruments, letter of credit rights, insurance proceeds, deposit and other accounts, contract rights and general intangibles arising of or from the Real Estate or the improvements from time to time located thereon, including but not limited to the rents, income and profits arising from the operation of any business and all fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities in any hotel, motel, or other lodging properties located on the Real Estate (funds obtained as such rents, income, profits, fees, charges, accounts or other payments and held in any reserve, account or credit balance shall retain the character of such rents, income, profits, fees, charges, accounts or other payments); All interests, estates or other rights and claims, arising in law or in equity, which Grantor now has or may hereafter acquire in any of the foregoing, including without limitation any greater estate Granter may hereafter acquire in the Real Estate or improvements located thereon (the interests, estates and other rights and claims described in paragraphs A through F are hereinafter collectively referred to as the "Premises"); All leases, subleases, subtenancies, licenses, occupancy agreements and other agreements for the leasing, use, occupancy or enjoyment of any portion or all of the Premises now or hereafter existing, and all amendments, renewals and extensions thereof (hereinafter collectively referred to as the "Leases");All present and future guaranties of the performance of any lessee under any of the Leases and all letters of credit issued, and all other collateral granted, as security for the obligations of any tenant arising under or in connection with any of the Leases;All monies, deposit accounts, furniture, equipment, inventory, fixtures, accounts, accounts receivable, chattel paper, documents, investment property, trademarks and all trade name agreements, logos, licenses, instruments, contract rights, insurance proceeds, commercial tort claims, franchise agreements, software, letter of credit rights, and general intangibles (including payment intangibles) in which Grantor now or hereafter has an interest, individually or with others, and which are located upon, used in connection with, related to or arising out of the Premises, and all additions, accessions and accretions to, replacements and substitutions for, products of and proceeds from any of the foregoing, and any and all types of personal property in which a security interest may be perfected by filing in the Office of the Recorder of Dougherty County, Georgia;All insurance policies relating to the Premises and all claims and rights to payment of proceeds and other sums payable thereunder or in connection therewith;All awards, compensation and settlements in lieu thereof made as a result of the taking by power of eminent domain of the whole or any part of the Premises, including any awards for damages sustained to the Premises, for a temporary taking, change of grade of streets or taking of access;All present and future deposits and revenues relating to the Premises, including without limitation security deposits, replacement revenue escrows, tax and insurance escrows and working capital reserves or escrows, and all funds of Grantor from time to time on deposit with Lender;All present and future building permits, operating permits, variances, licenses, governmental permits and approvals, utility permits, certificates of occupancy, and other permits, approvals and authorizations now or hereafter issued in connection with and the development, construction, equipping, maintenance or operation of the Premises;All present and future contracts or agreements relating to the design, development, construction, furnishing, equipping, operation, use or maintenance of the Premises, including without limitation all construction contracts and subcontracts, architectural contracts, engineering contracts and other design contracts and purchase agreements;All present and future contractor's, subcontractor's and supplier's warranties, guarantees of performance and undertakings with respect to services or materials furnished in connection with the design, development, construction, equipping, operation, use or maintenance of the Premises;All present and future service and other agreements relating to the operation, management, maintenance and repair of the Premises or the buildings and improvements thereon, whether now owned by Granter or hereafter acquired or arising, including without limitation any present or future management agreement relating to the management or operation of the Premises;All present and future plans and specifications, surveys, site plans, soil reports, drawings and papers relating to the Premises and the development, design, construction and equipping of the improvements on the Premises, whether now owned by Granter or hereafter acquired or arising;All present and future contracts and agreements providing for financial incentives, grants, tax credits, loans, infrastructure development by third parties or other financial support in connection with the design, development, construction, equipping, operation, use or maintenance of the Premises, including without limitation all tax increment financing agreements, bond financing agreements, tax credit allocations and awards, agreements for payment in lieu of taxes and other governmental project agreements;All building supplies and materials ordered or purchased for use in connection with the construction and equipping of the improvements on the Premises, whether now owned by Grantor or hereafter acquired or arising;All proceeds and contract rights and payments payable to Grantor under any loan commitment for financing of the Premises;Any contract or agreement previously or hereafter entered into by Grantor (but specifically excluding any of Grantor's obligations or liabilities arising in connection with in any such contract or agreement) which is an interest rate protection agreement, foreign currency exchange agreement, commodity price protection agreement, or other interest or currency exchange rate or commodity price hedging arrangement, including without limitation any contract or agreement relating to a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap, equity or equity index option, bond option, interest rate option, foreign exchange transaction, cap transaction, floor transaction, collar transaction, forward transaction, currency swap transaction, cross-currency rate swap transaction, currency option or any other similar hedging arrangement or transaction;All present and future purchase and sale agreements for the purchase of any portion of the Premises or other property located on the Premises, including without limitation, security deposits, earnest money deposits, association fees or assessments, and related escrows; andAll additions, accessions and accretions to, replacements and substitutions for, products of and any and all cash and non-cash proceeds from any of the property described above.The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.The Premises will be sold on an “as is, where is” basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto.The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.To the best of the undersigned's knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.MERCHANTS BANK OF INDIANAAs Attorney-in-Fact for THE GABLES RESIDENTIAL, LLC.Lisa Wolgast, Esq.Barnes & Thornburg LLP3340 Peachtree Rd NE Suite 2900Atlanta, GA 30326(470) 832-7535April 4, 11, 18, 25, May 2, 2026
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