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The Champion Legal Section, Thursday, August 28, 2014
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.
430-360027 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
040-362536 8/28jb
DEKALB COUNTY GOVERNMENT
Advertisement for Thursday, August 28,2014
Sealed bids will be received in the Department of Purchasing and Contracting, The Maloof
Center, 1300 Commerce Drive, 2 nd Floor, Decatur, Georgia 30030, for the following until 3:00
P.M. on date(s) designated below:
REQUEST FOR
QUOTATION NO.
ITEM
3003315 ITB Roadway Bulk De-icing Material
CLOSING DATE
September 23,2014
14-100427 ITB South Fork Peachtree Creek Trail Phase IV, PI 0007632 October 9,2014
14-500325 RFP Food Service Operations for the Central DeKalb Senior September 26,2014
Center and/or the Lou Walker Senior Center
Specifications and other details will be available in the Purchasing and Contracting Department,
The Maloof Center, 2 nd Floor, 1300 Commerce Drive, Decatur, Georgia 30030. For additional
information, please view the DeKalb County Website at:
http://www.dekalbcountyga.gov/purchasing/index.html
DeKalb County reserves the right to accept or reject any or all bids or any part thereof, to waive
any technicalities, and to re-advertise.
By: Scott M. Callan, Acting Chief Procurement Officer
DeKalb County Department of Purchasing and Contracting