Newspaper Page Text
Page 92C
The Champion Legal Section, Thursday, August 7, 2014 www.championnewspaper.com
the undersigned, the party in posses
sion of the Premises is Grantor or a
tenant or tenants and said property is
more commonly known as 1428
Vaughn Street, Atlanta, GA 30317.
Verdun Holdings, LLC
as Attorney-in-Fact for
++MANAGEMENT 2000, LLC /1428
VAUGHN STREET++
Jessica Bennett, Esq.
McCalla Raymer, LLC
900 Holcomb Woods Parkway
Roswell, Georgia 30076
(678) 281-6521
430-360024 8/7,8/14,8/21,8/28JH
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
TO SECURE A GUARANTY
UNDER AND BY VIRTUE of the
power of sale contained in that cer
tain Deed to Secure Debt to Secure a
Guaranty executed and delivered by
NORTHLAKE HOTELS, INC., an
Alabama corporation (“Grantor”), to
Nexity Bank (“Nexity”), dated Octo
ber 29, 2001, recorded in Deed Book
12604, Page 674, records of DeKalb
County, Georgia, as modified by that
certain Modification Agreement Re:
Note and Deed to Secure Debt
among Diplomat Risk Services, LLC,
a Georgia limited liability company
(“Borrower”), Grantor and Nexity,
dated November 1, 2006, as further
modified by that certain Second
Modification Agreement Re: Note and
Deed to Secure Debt among Borrow
er, Grantor and Nexity, dated Decem
ber 1, 2006, as further modified by
that certain Modification Agreement
Re: Note and Deed to Secure Debt
among Borrower, Grantor and Nexity,
dated March 1,2007, as further mod
ified by that certain Modification
Agreement Re: Note and Deed to Se
cure Debt among Borrower, Grantor
and Nexity, dated August 1, 2007, as
further modified by that certain Fifth
Modification Agreement Re: Note and
Deed to Secure Debt among Borrow
er, Grantor and Nexity, dated Octo
ber 1, 2007, recorded in Deed Book
21054, Page 117, aforesaid records,
as further modified by that certain
Sixth Modification Agreement Re:
Note and Deed to Secure Debt
among Borrower, Grantor and Nexity,
dated January 1, 2008, as further
modified by that certain Modification
Agreement Re: Note and Deed to Se
cure Debt among Borrower, Grantor
and Nexity, dated July 31, 2008, re
corded in Deed Book 21054, Page
107, aforesaid records, as affected
by that certain Agreement Regarding
Lender’s Option to Reduce Debt
among Borrower, Grantor and Nexity,
dated February 11, 2011, recorded in
Deed Book 22433, Page 506, afore
said records, as affected by that cer
tain Assignment of Notes, Security
Deeds, and Related Documents from
the Federal Deposit Insurance Cor
poration, a corporation organized and
existing under an Act of Congress, as
Receiver of Nexity Bank, in favor of
Alostar Bank of Commerce, an
Alabama banking corporation
(“Alostar”), dated September 14,
2012, recorded in Deed Book 23284,
Page 270, aforesaid records, and as
affected by that certain Assignment
of Notes, Security Deeds, and Re
lated Documents from Alostar to
SHALLOWFORD INVESTORS, LLC,
a Georgia limited liability company
(“Lender”), dated September 14,
2012, recorded in Deed Book 23284,
Page 282, aforesaid records (as so
modified, the “Security Deed”),
Lender, as Attorney-in-Fact for Grant
or, will sell 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 Septem
ber, 2014, the following described
property (hereinafter collectively re
ferred to as the “Premises”):
All that tract or parcel of land lying
and being in Land Lot 245 of the 18th
District of DeKalb County, Georgia,
being as more particularly described
in Exhibit “A”, attached hereto and
made a part hereof (the “Property”);
TOGETHER WITH all and singular,
the improvements, fixtures, ease
ments, hereditaments, rights, mem
bers and appurtenances thereunto
belonging or in anywise appertaining,
including, without limitation: the build
ings and improvements now or here
after erected thereon, and the fix
tures, attachments, appliances,
equipment, machinery, furnishings
and other articles affixed or attached
to said buildings and improvements,
intended to be affixed or attached to
said buildings or improvements, or
otherwise utilized or intended to be
utilized in such buildings or improve
ments, including, without limitation,
all electrical, plumbing, heating and
air conditioning systems (including
window units), all built-in appliances,
cabinets and lighting fixtures, trade
fixtures, including all extensions, ad
ditions, improvements, betterments,
after-acquired property, renewals, re
placements and substitutions, or pro
ceeds from a permitted sale of, any
of the foregoing (all of the foregoing
is hereinafter collectively referred to
as the “Improvements and Personal
Property”); and all minerals, shrubs,
trees or other emblements now or
hereafter on said Property or under or
above the same or any part or parcel
thereof, and all leasehold estates,
usufructuary interests, and rights of
Grantor in the Property, and all rights
of Grantor as lessor or landlord un
der any lease or sublease letting or
demising all or any portion of the
Property or the Improvements and
Personal Property, including, without
limitation, the interest of Grantor in all
rents and security deposits paid or to
be paid thereunder; and all right of
claim of Grantor with respect to the
proceeds of insurance which Grantor
now has or may hereafter acquire in
the Property and the Improvements
and Personal Property and any and
all awards made for the taking by em
inent domain, by any proceeding or
purchase in lieu thereof, of the whole
or any part of the Property and the
Improvements and Personal Prop
erty, all as more particularly de
scribed as follows:
A. Fixtures. All of Grantor’s interest in
all buildings, structures and improve
ments of every nature whatsoever
now or hereafter situated on the
Property, and all gas and electric fix
tures, radiators, heaters, engines and
machinery, boiler, ranges, elevators
and motors, plumbing and heating
fixtures, carpeting and other floor
coverings, washers, dryers, water
heaters, mirrors, mantels, air condi
tioning apparatus and appurten
ances, window screens, awnings and
storm sashes, which shall be at
tached to said buildings, structures or
improvements and all other furnish
ings and fixtures (whether actually or
intended to be attached to the Prop
erty), work in process, machinery,
equipment, appliances, and materi
als of every kind and nature whatso
ever now or hereafter affixed or at
tached, or intended to be affixed or
attached, to the Property and the im
provements located from time to time
thereon (or otherwise utilized or in
tended to be utilized in the construc
tion of such improvements), includ
ing all extensions, additions, improve
ments, betterments, after-acquired
property, renewals, replacements and
substitutions or proceeds from a per
mitted sale of any of the foregoing;
general intangibles constituting pro
ceeds or products acquired with cash
or non-cash proceeds of any of the
property described hereinabove, all
of which are hereby declared and
shall be deemed to be fixtures and
accessions to the Property as
between the parties hereto and all
persons claiming by, through or un
der them. The location of the above
described collateral is also the loca
tion of the Property.
B. Building Equipment and Materials.
All building materials, fixtures, build
ing machinery and building equip
ment delivered on site to the Prop
erty during the course of, or in con
nection with, construction or repair of
the buildings and improvements upon
the Property and which are now or
may hereafter be hereafter acquired
by Grantor, together with the pro
ceeds of all of the foregoing.
C. Easements, Rights-of-Way and
Other Such Estates. All easements,
rights-of-way, strips and gores of
land, vaults, streets, ways, alleys,
passages, sewer rights waters, water
courses, water rights and powers,
minerals, flowers, shrubs, trees, tim
ber and other emblements now or
hereafter located on the Property or
under or above the same or any part
or parcel thereof or appurtenant to
the title to the Property, and all es
tates, rights, titles, interests, priv
ileges, liberties, tenements, heredite-
mants and appurtenances, reversion
and reversions, remainder and re
mainders, whatsoever in any way be
longing, related or appertaining to the
Property or any part thereof, or which
hereafter shall in any way belong, re
late or be appurtenant thereto,
whether now owned or hereafter ac
quired by Grantor.
D. Proceeds and Escrow Sums. All
proceeds of insurance, condemna
tion payments, sale, lease or other
escrow agreements, and tenant se
curity deposits relating to the Prop
erty, whether held by Grantor in a
trust account, and escrow funds to
the full extent of Grantor’s interest
therein.
E. Contract Rights. All contracts,
agreements, permits, contract rights,
and other intangibles now owned or
hereafter acquired by Grantor and re
lating to the Property and the im
provements now or hereafter con
structed thereon, together with all
changes, extensions, revisions, re
newals, modifications and guaran
tees of performance of obligations to
Grantor thereunder, and together
with all changes, extensions, revi
sions, renewals, modifications and
guarantees of performance of obliga
tions to Grantor thereunder, and to
gether with proceeds of all of the
foregoing, including, without limiting
the generality of the foregoing, the
following items:
1. All insurance policies and binders
for insurance and all claims for losses
thereunder and all proceeds and
rights to proceeds thereunder;
2. All fidelity bonds, payment bonds
and performance bonds;
3. All existing permits, licenses and
approvals of any type from state, fed
eral and local authorities (including,
without limiting the generality of the
foregoing any building permits, certi
ficates of occupancy, special use per
mits or the like issued to Grantor con
cerning the occupancy or construc
tion of the improvements on the
Property), together with all permits, li
censes and approvals of any type
hereafter issued from the state, fed
eral and local authorities;
4. All rights of Grantor now or here
after to receive utility water and waste
and sanitary sewer services, includ
ing any tap on or access fees or pay
ments relating thereto;
5. All warranties, guaranties and oth
er assurances, written and oral, relat
ing to the Property;
6. All site plans, drawings, plans,
specifications and studies prepared
by all architects, all reports, surveys
and studies made by all engineers
and surveyors, and all other plans,
soil test reports, specifications, engin
eering plans and reports and any oth
er architectural or engineering data
used or useful in connection with the
construction of any improvements on
the Property, including all changes,
modifications and amendments
thereof;
7. All certificates of occupancy;
8. All termite bonds, reports and ser
vicing contracts;
9. All proceeds and rights to all pro
ceeds in any threatened or pending
condemnation relating to the Prop
erty or proceeds in lieu thereof;
10. All judgments of Grantor relating
to the Property, including all pro
ceeds thereof;
11. All rights and interests of Grantor
under any development, manage
ment, leasing, brokerage, construc
tion, engineering or architectural con
tract relating to the Property to which
Grantor is, or hereafter shall become,
a party;
12. All construction contracts to
which Grantor may be from time to
time a party, if relating to the Prop
erty;
13. All contracts between Grantor
and others relating to the providing of
access roads, sewer and other utility
services or facilities for the benefit of
the Property;
14. All contracts between Grantor
and others relating to the providing of
amenities of any nature whatsoever
for the benefit of the Property;
15. All rights of Grantor under any fin
ancing commitment relating to the
Property in favor of Grantor; and
16. All causes of action of Grantor
against anyone now or hereafter
arising which involve the improve
ments or the Property.
The Premises will be sold as the
property of Grantor. To the best of
the knowledge of Lender, the
Premises is in the possession of
Grantor or those claiming by, through
or under Grantor.
The Premises will be sold subject to
(i) all unpaid taxes and assessments;
(ii) all matters that would be dis
closed by a current and accurate sur
vey and inspection of the Premises;
and (iii) all easements, limitations, re
strictions, reservations, covenants
and encumbrances of record to which
the Security Deed is inferior in terms
of priority.
The Security Deed secures the in
debtedness now evidenced by that
certain Debtor’s Fourth Amended and
Restated Plan of Organization, dated
April 28, 2014, as confirmed in In re
Northlake, Inc., Case No. 12-80104-
WLH, in the U.S. Bankruptcy Court
for the Northern District of Georgia,
Atlanta Division, pursuant to the Or
der Confirming Fourth Amended and
Restated Plan of Organization, dated
April 30, 2014 (the “Plan”), together
with other indebtedness of Grantor to
Lender as more particularly set forth
in the Plan and the Security Deed.
The entire indebtedness secured by
the Security Deed has matured
and/or is in default and has been de
clared due and immediately payable
under the terms of said Plan and the
Security Deed.
The proceeds of the sale of the
Premises shall be applied first to the
expenses of publication, notice and
sale, including attorney’s fees (notice
of intent to collect attorney’s fees
having been given and hereby given),
and as otherwise provided by the Se
curity Deed.
The undersigned may sell that por
tion of the above-described property
as may, under the laws of the State
of Georgia, constitute an estate or in
terest in real estate separately from
that portion of the above-described
property as may, under the laws of
the State of Georgia, constitute per
sonalty and not an estate or interest
in real estate, in which case separ
ate bids will be taken therefor, or col
lectively in a single sale and lot, in
which case a single bid will be taken
therefor. Notice of the undersigned’s
intent will be given by announcement
made at the commencement of the
public sale.
SHALLOWFORD INVESTORS, LLC
As Attorney-in-Fact for
++NORTHLAKE HOTELS, INC.++
Eugene D. Bryant, Esq.
Smith, Gambrell & Russell, LLP
1230 Peachtree Street
Atlanta, Georgia 30309
(404) 815-3500
EXHIBIT “A”
All that tract or parcel of land lying
and being in Land Lot 245 of the
18th District of DeKalb County,
Georgia, and being more particularly
described as follows:
BEGINNING at a point marked by an
iron pin on the southwesterly side of
Shallowford Road located 359.97 feet
southeasterly, as measured along
said southwesterly side of Shallow
ford Road from the corner formed by
the intersection of the southwesterly
side of Shallowford Road with the
southerly side of the 60 foot right-of-
way of Dresden Drive and running
thence South 11 degrees 40 minutes
10 seconds East along the south
westerly side of Shallowford Road a
distance of 474.27 feet to an iron pin;
thence North 88 degrees 58 minutes
00 seconds West a distance of
485.02 feet to an iron pin; thence
North 01 degrees 10 minutes 00
seconds West a distance of 384.30
feet to an iron pin (which iron pin is
located 450.4 feet southerly from a
concrete monument at Dresden
Drive); thence South 90 degrees 00
minutes 00 seconds East a distance
of 184.70 feet to an iron pin; thence
North 01 degrees 10 minutes 00
seconds West a distance of 67.50
feet to an iron pin, thence North 88
degrees 54 minutes 20 seconds East
a distance of 213.88 feet to the
southwesterly side of Shallowford
Road, and the point of beginning;
said tract of land containing 4.35
acres as more particularly shown on
Boundary Survey for Shallowford As
sociates, Ltd. by EDI Engineers &
Surveyors, Inc. dated March 6,1984.
430-360025 8/7,8/14,8/21,8/28WG
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the power of
sale contained in a Security Deed
from PATTEN & PATTEN, LLC to
SUNTRUST BANK, dated April 16,
2009, recorded April 22, 2009, in
Deed Book 21390, Page 723, DeKalb
County, Georgia records, said Secur
ity Deed being given to secure a Note
from PATTEN & PATTEN, LLC dated
April 16, 2009 in the original principal
amount of Six Hundred Eighty Nine
Thousand Six Hundred and 00/100
($689,600.00) Dollars, with interest
from date at a rate per cent per an
num on the unpaid balance until paid;
there will be sold by the undersigned
at public outcry to the highest bidder
for cash before the Courthouse door
at DeKalb County, Georgia, within
the legal hours of sale on the first
Tuesday in September, 2014, the fol
lowing described property:
3775 North Druid Hills Road, Dec
atur, GA 30033
All that tract or parcel of land lying
and being in Land Lot 100 of the 18th
District, DeKalb County, Georgia, be
ing 1.083 acres, as per that certain
Boundary and Topographic Survey
for S.M. Bishop Company, Inc., dated
August 28, 2008 and prepared by Al-
covy Surveying and Engineering,
Inc., Ronald Calvin Smith, G.R.L.S.
No. 2921, Job #08-085, and being
more particularly described as fol
lows:
To find the True Point of Beginning,
begin at an iron pin located at the
southwest corner of the intersection
of the southerly side of the right-of-
way of North Druid Hills Road (being
a 100 foot right-of-way) and the
Westerly side of the right-of-way of
Birch Road (being an apparent 60
foot right-of-way) and run thence
South 18 degrees 10 minutes 42
seconds West along the Westerly
side of the right-of-way of Birch Road
for a distance of 11.94 feet to a point
which is the True Point of Beginning;
from said True Point of Beginning,
running thence South 18 degrees 10
minutes 42 seconds West along the
westerly side of the right-of-way of
Birch Road for a distance of 177.58
feet to a nail; running thence South
18 degrees 14 minutes 15 seconds
West along the westerly side of the
right-of-way of Burch Road for a dis
tance of 74.93 feet to a point; run
ning thence South 03 degrees 32
minutes 59 seconds West for a dis
tance of 6.95 feet to a A inch rebar
and corner; running thence North 72
degrees 13 minutes 18 seconds
West for a distance of 196.18 feet to
a 'A inch rebar and corner located on
the western land lot line of Land Lot
100; running thence North 00 de
grees 34 minutes 45 seconds East
along the western land lot line of
Land Lot 100 for a distance of 92.22
feet to a A inch crimp top pipe and
corner; running thence South 68 de
grees 24 minutes 48 seconds East
for a distance of 20.56 feet to a !4
inch open top pipe and corner; run
ning thence North 43 degrees 12
minutes 00 seconds East for a dis
tance of 207.38 feet to a !4 inch re
bar and corner located on the south
erly side of the right-of-way of North
Druid Hills Road; running thence
South 70 degrees 47 minutes 38
seconds East along the southerly
side of the right-of-way of North Druid
Hills Road for a distance of 86.98 feet
to a point and corner; running thence
South 19 degrees 02 minutes 22
seconds West for a distance of 11.94
feet to a point and corner; running
thence South 70 degrees 47 minutes
38 seconds East for a distance of
27.36 feet to the True Point of Begin
ning.
The debt secured by said Security
Deed has been and is hereby de
clared 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 pay
ing the same and all expenses of this
sale, as provided in the Security
Deed and by law, including attorney's
fees (notice of intent to collect attor
ney's fees having been given).
Said property 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
property, any assessments, liens,
easements, encumbrances, zoning
ordinances, restrictions, covenants,
and matters of record superior to the
Security Deed first set out above.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is PATTEN &
PATTEN, LLC or a tenant or tenants.
SUNTRUST BANK,
as attorney in Fact for PATTEN &
PATTEN, LLC
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No.
++SU111-0SU80 PATTEN++
430-360027 8/7,8/14,8/21,8/28JH
NOTICE OF POWER OF SALE
CONTAINED IN GEORGIA SECUR
ITY DEED AND SECURITY AGREE
MENTS
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 September, 2014
(September 2, 2014), the following
described property, to wit, which shall
include all appurtenances 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. In addition, the Property will be
sold subject to subject to any right of
The United States of America to re
deem the hereinabove described
Property, within One Hundred Twenty
(120) days from the aforesaid sale
date, in order to satisfy certain out
standing Federal Tax Liens. The un
dersigned 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