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The Champion Legal Sec
ion, Thursday, July
7,
2014
Page 77C
162.2, U.S. BANK NATIONAL ASSO
CIATION may be contacted at: U.S.
BANK NATIONAL ASSOCIATION,
4801 FREDERICA ST, OWENS
BORO, KY 42301, 855-698-7627.
Please note that, pursuant to
O.C.G.A. § 44-14-162.2, the secured
creditor is not required to amend or
modify the terms of the loan. To the
best knowledge and belief of the un
dersigned, the party/parties in pos
session of the subject property
known as 656 KILKENNY CIRCLE,
LITHONIA, GEORGIA 30058 is/are:
VANESSA MAJOR or tenant/tenants.
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) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc. The sale will be conducted sub
ject to (1) confirmation that the sale is
not prohibited under the U.S. Bank
ruptcy Code; and (2) final confirma
tion 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation and audit of the status of
the loan as provided in the preceding
paragraph. U.S. BANK NATIONAL
ASSOCIATION as Attorney in Fact
for VANESSA MAJOR. THIS LAW
FIRM IS ACTING AS A DEBT COL
LECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
++20110090100634/ MAJOR++
BARRETT DAFFIN FRAPPIER LEV
INE & BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341-5398.
Foreclosures: Commercial
430-357267 7/10,7/17,7/24,7/31 WG
NOTICE OF POWER OF
SALE CONTAINED IN
GEORGIA SECURITY DEED
AND SECURITY AGREEMENTS
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the power of
sale contained in that certain Geor
gia Security Deed and Security
Agreement dated February 14, 2006
executed by THE KINGDOM
GROUP, INC., a Georgia corporation
(“Borrower”) in favor of BRANCH
BANKING AND TRUST COMPANY
(“Lender”), recorded in Deed Book
18421, Page 113, DeKalb County,
Georgia records, as modified by that
certain Modification Agreement to
Georgia Security Deed and Security
Agreement dated March 22, 2011
and recorded in Deed Book 22409,
Page 199, aforesaid records (as fur
ther amended, supplemented or oth
erwise modified, the “Security Deed”),
the undersigned, as Attorney-in-Fact
for Borrower, will sell at public outcry
to the highest and best bidder for
cash, between the legal hours of sale
before the Courthouse door of
DeKalb County, Georgia, on the first
Tuesday in August, 2014 (August 5,
2014), the following described prop
erty, to wit, which shall include all ap
purtenances thereto (the “Property”):
ALL THAT TRACT or parcel lying and
being in Land Lot 41, 16th District,
DeKalb County, Georgia, and being
more particularly described as fol
lows:
BEGIN at an iron found on the south
ern right of way line of Snapfinger
Woods Drive (80' right of way) 233.35
feet northeasterly as measured along
the southern right of way line of
Snapfinger Woods Drive from the
point formed by the intersection of
the southern right of way line of
Snapfinger Woods Drive with the
eastern right of way line of Easterly
Place; thence run along and coincid
ent with the southern right of way line
of Snapfinger Woods Drive North
89°46'08" East a distance of 474.49
feet to an iron pin. found; thence
leave said right of way and run South
00°10'55" East a distance of 402.18
feet to an iron pin found; thence run
South 81° 16' 53" West a distance of
337.76. feet to an iron pin found;
thence run North 34°27'08" West a
distance of 250.46 feet to an iron pin
found; thence run North 00°03'06"
West a distance of 244.93 feet to an
iron pin found and the POINT OF BE
GINNING.
TOGETHER with those easement
rights arising under that certain Sew
er Easement from Hilti, Inc. to Besse
mer Securities Corporation dated Oc
tober 10, 1979 recorded October 23,
1979 in Deed Book 4160, page 299,
DeKalb County, Georgia Records.
Said tract containing 4.4016 acres of
land is more particularly shown that
certain As Built/Improvement Survey
prepared for Heller First Capital
Corp., Calloway Title & Escrow, LLC,
Stewart Title Guaranty Company, the
US Small Business Administration
and The Kingdom Group prepared by
Alexander & Associates, bearing the
seal and certification of Yoland Ed
ward Alexander, Georgia RLS #2414,
dated March 10, 1999, and being
known as 5271 Snapfinger Woods
Drive, according to the current sys
tem of numbering in DeKalb County,
Georgia.
The Security Deed was given to se
cure that certain Promissory Note
dated February 14, 2006 in the ori
ginal principal amount of TWO MIL
LION SIX HUNDRED TWENTY
THOUSAND AND 00/100 DOLLARS
($2,620,000.00), as modified by that
certain Note Modification Agreement
dated April 28, 2006 in the modified
principal amount of TWO MILLION
SIX HUNDRED EIGHT THOUSAND
EIGHT HUNDRED FORTY-EIGHT
AND 77/1 00 DOLLARS
($2,608,848.77), as further modified
by that certain Note Modification
Agreement dated May 9, 2006 and
as further modified by that certain
Note Modification Agreement dated
March 22, 2011 made by Borrower to
the order of Lender (as further
amended, supplemented or other
wise modified, the “Note”), with in
terest thereon as provided in the
Note until paid.
On account of defaults in the terms of
the Note, the Security Deed and oth
er loan documents, including Borrow
er’s failure to pay monthly install
ments when due, Lender, the present
holder of said Security Deed and the
Note, has declared the entire unpaid
principal balance of all obligations se
cured by said Security Deed, includ
ing interest to date of sale, to be due
and payable immediately.
The debt remaining in default and un
paid, this sale will be for the purpose
of satisfying the principal and in
terest due, amounts, if any, expen
ded by Lender to protect its interest
in the Property, and all expenses of
this sale, including, without limitation,
attorneys’ fees.
The Property will be sold subject to
outstanding ad valorem taxes and/or
assessments, and superior ease
ments, restrictions and rights-of-way
and other superior matters of record,
if any. The undersigned will execute
a deed to the purchaser at the sale
as provided in the aforesaid Security
Deed.
To the best knowledge and belief of
Lender, the equitable title to the
Property is vested in
Borrower, and the party in posses
sion of the Property is Borrower.
BRANCH BANKING AND TRUST
COMPANY, as Attorney-in-Fact for
++THE KINGDOM GROUP, INC.++
George A. Kurlyandchik, Esq.
Womble, Carlyle, Sandridge & Rice,
LLP
271 17th Street, N.W., Suite 2400
Atlanta, Georgia 30363
(404) 879-2459
430-357270 7/10,7/17,7/24,7/31 wg
NOTICE OF SALE UNDER POWER
DEKALB COUNTY, GEORGIA
By virtue of the Power of Sale con
tained in that certain Deed to Secure
Debt and Security Agreement dated
March 29, 2002, recorded in Deed
Book 13092, Page 182, DeKalb
County, Georgia records (the
“Deed”), from Hilda Levine, indi
vidually, Roy Levine, individually,
and Hilda Levine, as Administrat
rix C.T.A. of the Estate of Mark C.
Levine, to JPMorgan Chase Bank, a
New York banking corporation, as as
signed to Regency Savings Bank,
F.S.B. by that certain Transfer and
Assignment of Deed to Secure Debt
dated July 25, 2003, recorded in
Deed Book 14952, page 54, afore
said records, as assumed by BIG
ROCK REALTY, LLC, a Georgia lim
ited liability company (hereinafter
sometimes referred to as “Borrower”)
pursuant to by that certain Assump
tion Agreement (the “Assumption
Agreement”) dated June 28, 2007,
recorded in Deed Book 20112, page
536, aforesaid records, as further as
signed to U.S. Bank National Associ
ation (hereinafter sometimes referred
to as “Lender”) by Federal Deposit In
surance Corporation, as receiver for
Park National Bank, Oak Park, Illinois
FKA Regency Savings Bank, F.S.B.
dated July 27, 2010, recorded in
Deed Book 22107, page 20, afore
said records, as modified and
amended by that certain Amendment
to Deed to Secure Debt and Security
Agreement dated as of February 1,
2011, recorded in Deed Book 22684,
page 385, aforesaid records, said
Deed having been given to secure a
Fixed Rate Note dated March 29,
2002, made by Hilda Levine, individu
ally, Roy Levine, individually, and
Hilda Levine, as Administratrix C.T.A.
of the Estate of Mark C. Levine, pay
able to JPMorgan Chase Bank, as
assigned to and assumed by Borrow
er pursuant to the Assumption Agree
ment, and as assigned to Lender, as
the same may be further modified
and amended, in the principal
amount of ONE MILLION THREE
HUNDRED THIRTY FIVE THOU
SAND AND N0/100 DOLLARS
($1,335,000), 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 DeKalb County, Georgia, within
the legal hours of sale on the first
Tuesday in August, 2014, the follow
ing described:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 69
of the 18th District, DeKalb County,
Georgia, and being more particularly
described as follows (the “Land”):
Commence at a 5/8 inch rebar loc
ated at the intersection of Land Lots
69 and 70 and the northerly right-of-
way of Memorial Drive (110 foot right-
of-way a/k/a State Route 10); thence
proceed along said right-of-way of
Memorial Drive South 84 degrees 16
minutes 42 seconds West for a dis
tance of 60.05 feet to a point; thence
South 83 degrees 47 minutes 47
seconds West for a distance of 23.66
feet to a 5/8 inch rebar found; thence
North 06 degrees 23 minutes 11
seconds West for a distance of 20.00
feet to a point; thence South 82 de
grees 32 minutes 08 seconds West
for a distance of 65.43 feet to a 5/8
inch rebar set, said point being the
POINT OF BEGINNING; from thus
established point, proceed along said
right-of-way of Memorial Drive South
82 degrees 32 minutes 08 seconds
West for a distance of 50.34 feet to a
1-inch crimp top pipe; thence leaving
said right-of-way North 00 degrees 59
minutes 52 seconds West for a dis
tance of 1,110.17 feet to a 5/8 inch
reinforcing bar; thence South 89 de
grees 41 minutes 32 seconds East
for a distance of 200.00 feet to a %
inch open top pipe; thence South 00
degrees 59 minutes 19 seconds East
for a distance of 672.49 feet to a 1-
inch open top pipe; thence South 89
degrees 17 minutes 57 seconds
West for a distance of 79.96 feet to a
point; thence North 01 degree 20
minutes 26 seconds West for a dis
tance of 26.25 feet to a point; thence
South 89 degrees 01 minute 28
seconds West for a distance of 69.93
feet to a point; thence South 01 de
gree 01 minute 32 seconds East for a
distance of 454.14 feet to the POINT
OF BEGINNING; said property con
taining 3.5463 acres or 154,479
square feet, more or less, and being
shown on that certain plat of survey
prepared for BMT Partnership I,
Stewart Title Guaranty Company and
Berkshire Life Insurance Company by
W. L. Jorden & Co., Inc., bearing the
seal of Phillip S. Curry, Georgia Re
gistered Land Surveyor No. 2242,
dated March 27, 1996.
TOGETHER WITH the appurtenant
easement rights as to signage for the
benefit of the above-described prop
erty as set forth in Exhibit “A” and Ex
hibit “A-1” attached to the Limited
Warranty Deed recorded in Deed
Book 9311, Page 750, DeKalb
County, Georgia records.
TOGETHER WITH:
1. Improvements. The buildings,
structures, fixtures, additions, acces
sions, enlargements, extensions,
modifications, repairs, replacements
and improvements now or hereafter
erected or located on the Land (the
"Improvements");
2. Easements. All easements, rights
of way or use, rights, strips and gores
of land, streets, ways, alleys, pas
sages, sewer rights, water, water
courses, water rights and powers, air
rights and development rights, and all
estates, rights, titles, interests, priv
ileges, liberties, servitudes, tene
ments, hereditaments and appurten
ances of any nature whatsoever, in
any way now or hereafter belonging,
relating or pertaining to the Land and
the Improvements and the reversion
and reversions, remainder and re
mainders, and all land lying in the
bed of any street, road or avenue,
opened or proposed, in front of or ad
joining the Land, to the center line
thereof and all the estates, rights,
titles, interests, dower and rights of
dower, curtesy and rights of curtesy,
property, possession claim and de
mand whatsoever, both at law and in
equity, of any Borrower of, in and to
the Land and the Improvements and
every part and parcel thereof, with
the appurtenances thereto;
3. Fixtures and Personal Property. All
machinery, equipment, goods, invent
ory, fixtures (including, but not lim
ited to, all heating, air conditioning,
plumbing, lighting, communications
and elevator fixtures) and other prop
erty of every kind and nature whatso
ever owned by any Borrower, or in
which Borrower has or shall have an
interest, now or hereafter located
upon the Land and the Improve
ments, or appurtenant thereto, and
usable in connection with the present
or future use, maintenance, enjoy
ment, operation and occupancy of
the Land and the Improvements and
all building equipment, materials and
supplies of any nature whatsoever
owned by any Borrower, or in which
any Borrower has or shall have an in
terest, now or hereafter located upon
the Land and the Improvements, or
appurtenant thereto, or usable in con
nection with the present or future op
eration and occupancy of the Land
and the Improvements, and the right,
title and interest of any Borrower in
and to any of the Personal Property
(as defined in the Deed) which may
be subject to any security interests,
as defined in the Uniform Commer
cial Code, as adopted and enacted
by the state or states where any of
the Property is located (the "Uniform
Commercial Code"), superior in lien
to the lien of this Security Instrument
and all proceeds and products of the
above;
4. Leases and Rents. All leases and
other agreements affecting the use,
enjoyment or occupancy of the Land
and the Improvements heretofore or
hereafter entered into, whether be
fore or after the filing by or against
any Borrower of any petition for relief
under 11 U.S.C. §101 et seq., as the
same may be amended from time to
time (the "Bankruptcy Code") (indi
vidually, a "Lease"; collectively, the
"Leases") and all right, title and in
terest of any Borrower, its heirs, ad
ministrators, successors and assigns
therein and thereunder, including,
without limitation, cash or securities
deposited thereunder to secure the
performance by the lessees of their
obligations thereunder and all rents
(including all tenant security and oth
er deposits), additional rents, reven
ues, issues and profits (including all
oil and gas or other mineral royalties
and bonuses) from the Land and the
Improvements whether paid or accru
ing before or after the filing by or
against any Borrower of any petition
for relief under the Bankruptcy Code
(collectively the "Rents") and all pro
ceeds from the sale or other disposi
tion of the Leases and the right to re
ceive and apply the Rents to the pay
ment of the debt;
5. Condemnation Awards. All awards
or payments, including interest there
on, which may heretofore and here
after be made with respect to the
Property, whether from the exercise
of the right of eminent domain (in
cluding but not limited to any transfer
made in lieu of or in anticipation of
the exercise of the right), or for a
change of grade, or for any other in
jury to or decrease in the value of the
Property;
6. Insurance Proceeds. All proceeds
of and any unearned premiums on
any insurance policies covering the
Property, including, without limitation,
the right to receive and apply the pro
ceeds of any insurance, judgments,
or settlements made in lieu thereof,
for damage to the Property;
7. Tax Certiorari. All refunds, rebates
or credits in connection with a reduc
tion in real estate taxes and assess
ments charged against the Property
as a result of tax certiorari or any ap
plications or proceedings for reduc
tion;
8. Conversion. All proceeds of the
conversion, voluntary or involuntary,
of any of the foregoing including,
without limitation, proceeds of insur
ance and condemnation awards, into
cash or liquidation claims;
9. Rights. The right, in the name and
on behalf of any Borrower, to appear
in and defend any action or proceed
ing brought with respect to the Prop
erty and to commence any action or
proceeding to protect the interests of
Lender in the Property;
10. Agreement. All agreements, con
tracts (including purchase, sale, op
tion; right of first refusal and other
contracts pertaining to the Property),
certificates, instruments, franchises,
permits, licenses, approvals, con
sents, plans, specifications and other
documents, now or hereafter entered
into, and all rights therein and
thereto, respecting or pertaining to
the use, occupation, construction,
management or operation of the
Property (including any Improve
ments or respecting any business or
activity conducted on the Land and
any part thereof) and all right, title
and interest of any Borrower therein
and thereunder, including, without
limitation, the right, upon the happen
ing of any default hereunder, to re
ceive and collect any sums payable
to any Borrower thereunder;
11. Trademarks. All tradenames,
trademarks, servicemarks, logos,
copyrights, goodwill, books and re
cords and all other general intan
gibles relating to or used in connec
tion with the operation of the Prop
erty;
12. Accounts. All accounts, accounts
receivable, escrows (including,
without limitation, all escrows, depos
its, reserves and impounds estab
lished pursuant to the provisions of
the Deed; documents, instruments,
chattel paper, deposit accounts, in
vestment property, claims, reserves
(including deposits) representations,
warranties and general intangibles,
as one or more of the foregoing
terms may be defined in the Uniform
Commercial Code, and all contract
rights, franchises, books, records,
plans, specifications, permits, li
censes (to the extent assignable), ap
provals, actions, choses, commercial
tort claims, suits, proofs of claim in
bankruptcy and causes of action
which now or hereafter relate to, are
derived from or are used in connec
tion with the Property, or the use, op
eration, maintenance, occupancy or
enjoyment thereof or the conduct of
any business or activities thereon;
and
13. Other Rights. Any and all other
rights of any Borrower in and to the
Property and any accessions, renew
als, replacements and substitutions
of all or any portion of the Property
and all proceeds derived from the
sale, transfer, assignment or finan
cing of the Property or any portion
thereof.
(hereinafter, together with the Land
being collectively referred to as the
“Property”).
The indebtedness secured by the
Deed is in default has been and is
hereby declared due in full because
among other possible events of de
fault, non payment of the install
ments due under the note secured by
the Deed. The indebtedness remain
ing in default, the sale will be made
for the purpose of applying the pro
ceeds thereof to the payment of the
indebtedness secured by the Deed,
accrued interest, expenses of the
sale, and all other payments provided
for under the Deed, including attor
neys' fees (notice having been given
pursuant to the Official Code of Geor
gia Annotated Section 13-1-11), and
the remainder, if any, shall be ap
plied as provided by law.
Lender may elect to sell any portion
of the Property by taking separate
bids therefore, or collectively in a
single sale and lot and in a single bid.
Lender may elect not to sell the per
sonal property at the same time as
the remainder of the Property. Notice
of intent to sell separately or in a
single lot and notice of Lender's elec
tion with respect to sale of the per
sonal property will be announced at
the sale. With regard to the sale of
either the real property or the person
al property, or both, Lender reserves
the right to credit bid at the sale all or
any portion of its debt.
To the best of the undersigned's
knowledge and belief, equitable title
to said property is owned by Big Rock
Realty, LLC and may have been
known from time to time as 5470,
5472, 5476 and 5478 Memorial
Drive, Stone Mountain, Georgia
30083.
The Property will be sold on an "AS
IS, WHERE IS" basis, without re
course against Lender and without
representation or warranty of any
kind or nature whatsoever with re
spect thereto, with no assurance af
forded as to the exact acreage con
tained in the land description, sub
ject to the following items that may
affect the title to said property: any
outstanding taxes, including but not
limited to ad valorem taxes, which
constitute liens upon said property;
special assessments, all outstanding
bills for public utilities which consti
tute liens against the property; all re
strictive covenants, easements,
rights-of-way and any other matters
of record superior to the Deed, and
subject to, among other exceptions,
all unpaid ad valorem taxes and oth
er assessments, prior assessments,
prior restrictions, prior rights of way,
and prior easements of record, if any,
including, without limitation, those
matters disclosed by Commonwealth
Land Title Insurance Company Loan
Policy G32-0350869, as endorsed.
Pursuant to O.C.G.A. Section 44-14-
162.2, the name, address and tele
phone number of the individual with
authority to negotiate, amend and
modify all terms of the note and Deed
on behalf of U.S. Bank, National As
sociation, is Andrew Stredde, 28 W.
Madison, Oak Park, Illinois 60302
Telephone: (708) 386-5436. Consist
ent with the provisions of O.C.G.A.
Section 44-14-162.2, U.S. Bank, Na
tional Association, is not required to
negotiate, amend or modify the terms
of the Loan.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is Big Rock Re
alty, LLC or tenant(s). The sale will
be conducted subject: (i) to confirma
tion that the sale is not prohibited un
der the U.S. Bankruptcy Code and (ii)
to final confirmation and audit of the
status of the loan with the holder of
the deed.
U.S. Bank, National Association, as
Agent and Attorney-in-Fact for
++Big Rock Realty, LLC.++
David A. Weissmann
Weissmann Zucker Euster
Morochnik P.C.
3490 Piedmont Road, Suite 650
Atlanta, Georgia 30305
(404) 364-4620
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
430-357271 7/10,7/17,7/24,7/31 wg
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
Under and by virtue of the power of
sale contained in that certain Deed to
Secure Debt and Security Agree
ment by and between Gazelle Man
ager, L.L.C. VI, a Georgia limited li
ability company, (“Borrower”) and
Branch Banking and Trust Company
dated as of October 31, 2007, filed
for record November 5, 2007 in Deed
Book 20418, Page 235, DeKalb
County, Georgia records and as as
signed to RA Funding, LLC, a Geor
gia limited liability company,
(“Lender”) by Assignment of Security
Instruments by Branch Banking and
Trust Company, dated August 3,
2011, filed for record August 9, 2011
in Deed Book 22579, Page 239,
aforesaid records (collectively, as
amended, the “Security Deed”), said
Security Deed being given to secure
a Promissory Note dated October 31,
2007 in the original principal amount
of THREE MILLION FOUR HUN
DRED EIGHTY THOUSAND AND
NO/100 DOLLARS ($3,480,000.00),
together with interest from the date
thereof at the rate stated in said note
on the unpaid balance until paid;
there will be sold by the undersigned
at public outcry to the highest bidder
for cash before the court house door
at DeKalb County, Georgia, within
the legal hours of sale on Tuesday,
August 5, 2014, the following de
scribed property (the “Premises”):
All that tract or parcel of land lying
and being in Land Lot 223 of the
18th District of DeKalb County,
Georgia and being more particularly
described as follows:
Beginning at a !4 rebar found located
at the intersection of the northerly
right of way line of South Royal At
lanta Drive (having a 60 foot right of
way width) with the centerline of Sea
board Coast Line Railroad right of
way easement (having a 60 foot wide
easement); thence from the Point of
Beginning as thus established; run
ning approximately with the said
centerline of Railroad Easement
North 57 degrees 42 minutes 50
seconds East, a distance of 305.12
feet to a point; thence continuing
North 58 degrees 47 minutes 36
seconds East a distance of 50.00 feet
to a point; thence continuing along
the arc of a curve to the right having
a radius of 480.00 feet subtended by
a chord bearing of North 73 degrees
00 minutes 03 seconds East a chord
distance of 247.56 feet along said arc
an arc distance of 250.39 feet to a
point; thence continuing North 88 de
grees 19 minutes 59 seconds East a
distance of 106.82 feet to a point;
thence continuing South 86 degrees
55 minutes 41 seconds East a dis
tance of 135.95 feet to a 1/2 “ rebar
found; thence continuing South 86
degrees 48 minutes 00 seconds East
a distance of 525.08 feet to a bent
1/2 “ rebar found; thence departing
said railroad easement running along
the centerline of a 100 foot wide
power easement South 18 degrees
32 minutes 30 seconds East a dis
tance of 319.95 feet to a 14 rebar
found; thence departing said center-
line of power easement running along
said northerly right of way line of
South Royal Atlanta Drive North 87
degrees 00 minutes 20 seconds
West a distance of 642.52 feet to a !4
rebar found; thence continuing North
87 degrees 04 minutes 24 seconds
West a distance of 716.95 feet to a
point; thence continuing along the arc
of a curve to the right having a radi
us of 400.00 feet subtended by a
chord bearing of North 83 degrees 37
minutes 32 seconds West a chord
distance of 48.83 feet along said arc
an arc distance of 48.66 feet to said
!4" rebar located at the point of begin
ning.
Said tract or parcel of land contains
337,658 square feet, being 7.751
acres, including all easements
As shown on that ALTA/ACSM Land
Title Survey prepared for Gazelle
Commercial Real Estate Company
and Chicago Title Insurance Com
pany, dated July 31, 2006, prepared
by Tammy A. Potter, GRLS #2764, In
the Field, Inc.
The debt secured by said Security
Deed has been and is hereby de
clared due because of various events
of default, including the failure to
make payments when due. The debt
remaining in default, this sale will be
made for the purpose of applying the
proceeds thereof to the payment of
the debt secured by said Security
Deed, all accrued interest and the ex
penses of the sale and all other pay
ments provided for under said Secur
ity Deed, and the remainder, if any,
shall be applied as provided by law.
Lender hereby reserves the right to
sell the Premises in one (1) parcel as
an entirety, or in several parcels, as
Lender may elect.
Said Premises will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, but not
yet due and payable), any matters
which might be disclosed by an ac
curate survey and inspection of the
Premises, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters
of record superior to the Security
Deed first set out above.
Jimmy Luke can be contacted at
(404) 467-5867 or by writing to RA
Funding, LLC, c/o Martin Bagwell
Luke, P.C., 400 Northridge Road,
Suite 1225, Atlanta, Georgia 30350,
to discuss alternatives to foreclosure.
Jimmy Luke has full authority to ne
gotiate, amend, and modify all terms
of the Security Deed with Borrower.
RA Funding, LLC, as attorney in fact
for Gazelle Manager, L.L.C., VI
Jimmy C. Luke, Esq.
Martin Bagwell Luke, P.C.
Attorney for RA Funding, LLC
400 Northridge Road, Suite 1225
Atlanta, Georgia 30350
404-467-5867
Our File No.:++29123.005
Gazelle Manager LLC VI++
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
430-357272 7/10,7/17,7/24,7/31 wg
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
UNDER AND BY VIRTUE of the
power of sale contained in that cer
tain Security Deed (“Security Deed”)
dated November 14, 2007, executed
and delivered by CAYPA JO ENTER
PRISES, LLC (“Grantor”) to LEH
MAN BROTHERS BANK, FSB, and
recorded on January 7, 2008, in
Deed Book 20550, at page 639,
Dekalb County, Georgia records; as
assigned by LEHMAN BROTHERS
BANK, FSB to BAYVIEW LOAN
SERVICING, LLC by that certain As
signment of Security Deed, recorded
in Deed Book 21257, Page 585,
Dekalb County, Georgia records; as
assigned by BAYVIEW LOAN SER
VICING, LLC to COMMUNITY CAP
ITAL BANK by that certain Assign
ment of Security Deed, dated Febru
ary 12, 2010, and recorded on April
16, 2010, in Deed Book 21933, Page
152, Dekalb County, Georgia re
cords; as transferred and assigned
by the FEDERAL DEPOSIT INSUR
ANCE CORPORATION, AS RECEIV-