Newspaper Page Text
Page 28C
The Champion Legal Section, Thursday, Sep
:ember 18, 2014
www.championnewspaper.com
Kenney & Medina, P.C.
3302 McGinnis Ferry Road, Suite 100
Suwanee, Georgia 30024
(770) 564-1600
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-360574 9/11,9/18,9/25,10/2wg
NOTICE OF FORECLOSURE
OF RIGHT TO REDEEM
Take notice that:
The right to redeem the following de
scribed property, to wit:
All that tract or parcel of land lying
and being in Land Lot 171 of the 15th
District of DeKalb County, Georgia,
and being Lot 4, and part of Lot 3,
Block F, East Lake Terrace, as per
plat recorded in Plat Book 7, Page
80, DeKalb County, Georgia Re
cords, and being more particularly
described as follows:
BEGINNING at an iron pin located on
the South right of way line of
Crestview Avenue 140 feet East as
measured along the South right of
way line of Crestview Avenue, from
the intersection of the South right of
way of Crestview Avenue with the
East right of way line of Hooper
Street; running thence in an Easterly
direction along the South right of way
line of Crestview Avenue 60 feet to
an iron pin; running thence South
along the West line of Lot 5, said
block and subdivision, forming an in
terior angle of 93 degrees 30 minutes
with the preceding course 147.5 feet
to an iron pin; running thence West
along the North line of Lot 35, said
block and subdivision, 60 feet to an
iron pin; running thence North 149.3
feet to an iron pin located on the
South right of way line of Crestview
Avenue, at the point of beginning, be
ing improved property known as
++No. 2427 Crestview Avenue++,
according to the present system of
numbering houses in DeKalb County,
Georgia.
Will expire and be forever foreclosed
and barred on and after the 7th day
of October 2014.
The Tax Deed to which this notice
relates is dated the 2nd day of Au
gust 2011 and is recorded in the Of
fice of the Clerk of the Superior Court
of DeKalb County, Georgia in Deed
Book 22646 at Page 332. The Tax
Deed to which this notice relates con
veyed the subject property to DeKalb
County, a political subdivision of the
State of Georgia, who, conveyed the
subject property to Aubrey Parker by
Quitclaim Deed dated the 21st day of
November 2013 and is recorded in
the Office of the Clerk of the Superi
or Court of DeKalb County, Georgia
in Deed Book 24187 at Page 565.
The property may be redeemed at
any time before the 7th day of Octo
ber 2014 by payment of the redemp
tion price as fixed and provided by
law to the undersigned at the follow
ing address:
Aubrey Parker
5517 Nelson Point Drive
Stone Mountain, GA 30087
Please be governed accordingly.
420-360599 9/11,9/18,9/25,10/2JH
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
from WILLIE L. RAINWATER AND
LOLA G. RAINWATER to UNITY
MORTGAGE CORP. dated Decem
ber 15, 2005, recorded in Deed Book
18262, Page 396, DEKALB County,
Georgia Records, said Security Deed
having been given to secure a Note
of even date in the original principal
amount of TWO HUNDRED SEV
ENTY-SEVEN THOUSAND FIVE
HUNDRED AND 00/100 DOLLARS
(U.S. $277,500.00) with interest
thereon as provided for therein, said
Security Deed having been last sold,
assigned, transferred and conveyed
to James B. Nutter & Company, re
corded in Deed Book 21683, Page
767, DeKalb County, Georgia Re
cords, there will be sold at public out
cry to the highest bidder for cash be
fore the courthouse door of DEKALB
County, Georgia, within the legal
hours of sale on the first Tuesday in
OCTOBER, 2014 the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING
IN LAND LOT 146 OF THE 15TH
DISTRICT, DEKALB COUNTY,
GEORGIA AND BEING LOT 42 OF
THE EASTWOOD MANOR SUBDIVI
SION, AS PER PLAT THEREOF RE
CORDED IN PLAT
BOOK 22, PAGE 150, DEKALB
COUNTY, GEORGIA RECORDS,
ACCORDING TO SURVEY BY
PERRY E. McCLUNG, RE
GISTERED
LAND SURVEYOR, DATED DECEM
BER 3,1975, AND KNOWN AS
2151 CLOVERDALE DRIVE, SE, AC
CORDING TO THE PRESENT
SYSTEM OF NUMBERING HOUSES
IN DEKALB COUNTY,
GEORGIA.
The indebtedness secured by said
Security Deed has been and is
hereby declared due because of de
fault under the terms of said Security
Deed and Note, including but not lim
ited to the nonpayment of the in
debtedness as and when due. The
indebtedness remaining in default,
this sale will be made for the pur
pose of paying the same, all ex
penses of the sale, including
attorney's fees and all other pay
ments provided for under the terms of
the Security Deed and Note.
Said property will be sold subject to
the following items which may affect
the title to said property: all zoning or
dinances; matters which would be
disclosed by an accurate survey or
by an inspection of the 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 upon said property; all re
strictive covenants, easements,
rights-of-way and any other matters
of record superior to said Security
Deed.
James B. Nutter & Company, 4153
Broadway, Kansas City, Missouri
64111, telephone number (816)531-
5642 as the secured creditor is the
entity that has full authority to negoti
ate, amend, and modify all terms of
the mortgage with the debtor.
Please understand that the secured
creditor is not required by law to ne
gotiate, amend or modify the terms of
the mortgage instrument. Notice has
been given of intention to collect at
torneys fees in accordance with the
terms of the note secured by said
Deed.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is WILLIE L.
RAINWATER AND LOLA G. RAIN
WATER or a tenant or tenants, and
said property is more commonly
known as:
2151 Cloverdale Drive, SE, Atlanta,
Georgia 30316.
The sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) to final confirmation
and audit of the status of the loan
with the holder of the Security Deed.
JAMES B. NUTTER & COMPANY
as Attorney in Fact for
WILLIE L. RAINWATER AND
LOLA G. RAINWATER
Contact: Bonny Powell
Perrie & Associates, LLC
100 Galleria Pkwy., N.W.
Suite 1170
Atlanta, GA 30339
(678) 501-5777
File No.:
++2014-0099/ RAINWATER++
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT OR TO EN
FORCE THE TERMS AND CONDI
TIONS OF THE SECURITY DEED.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
420-360602 9/11,9/18,9/25,10/2wg
NOTICE OF SALE
DEKALB COUNTY
STATE OF GEORGIA
This Is an Attempt to Collect a Debt.
Any information obtained from this
correspondence or other contact will
be used for that purpose.
Under and by virtue of the power of
sale contained in the deed to secure
debt given by Walter Lee Dixon to
Ralph Parrish dated April 08, 2004,
recorded at deed book 16420, page
93, Dekalb County Records convey
ing the after described property and
secured note in the original amount
of $95,000.00 with interest thereupon
as set forth therein. There will be sold
at public outcry the highest bidder for
cash before the Courthouse door of
Dekalb County, Georgia within the
legal hours of sale on the first Tues
day in October, 2014, the following
described property:
LAND LOT 166 of the 15th District of
DeKalb County, Georgia, Being Lot I,
Block A of the Cindy-Robert Subdivi
sion, Unit I, according to a plat of re
cord in plat book 22, page 134,
DeKalb County, Georgia, and being
more particularly described as fol
lows:
Beginning at a point where the south
side of Glenwood Road would inter
sect the east side of Cindy Drive if
the sides of both said streets were
extended to form an angle rather
than a curve; extending thence south
along the east side of Cindy Drive a
distance of 74.8 feet to a point;
thence running east 150 feet to a
point; extending thence north 70.5
feet to the south side of Glenwood
Road 150.1 feet to the east side of
Cindy Drive, if extended, and the
point being improved property known
as 1830 Cindy Drive, according to the
present system of numbering houses
in DeKalb County, Georgia.
The debt secured by said security
deed has been and is hereby de
clared due because, among possible
events of default, the failure to pay in
debtedness as and when due and in
the manner provided for in the note
and security deed and further the fail
ure to pay installments of ad valorem
taxes, the debt remaining in default.
The sale will be made for the pur
poses of paying the same and all ex
penses of this sale as provided in the
security deed and by law including
Attorney’s fees. Notice to collect At
torney’s fees having been given. The
property will be sold subject to any
outstanding ad valorem taxes includ
ing taxes which are a lien but not yet
due and payable, any matters which
might be disclosed by an accurate
survey and inspection of the property,
any assessments, liens, encum
brances, zoning ordinances, restric
tions, covenance, and matters of re
cord superior to this security deed set
out above. The entity that has full au
thority to amend, negotiate, and
modify all terms of the mortgage with
debtor is Susan Parrish, care of
Douglas R. Daum, Attorney at 3260
Highway 78, Snellville, GA 30078,
770-979-9369. Susan Parrish acting
as Attorney in fact for Ralph Parrish
is not required by law to negotiate,
amend, or modify the terms of mort
gage instrument. To the best know
ledge and belief of the undersigned,
the party in possession of the prop
erty is unknown at the property 1830
Cindy Drive, Decatur, GA. The sale
will be conducted subject to confirma
tion that the sale is not prohibited un
der US Bankruptcy code. Douglas R.
Daum as Attorney in Fact for ++Ral-
ph Parrish++.
420-360603 9/11,9/18,9/25,10/2wg
NOTICE OF SALE
UNDER POWER
GEORGIA
DEKALB COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
from Vicki A. Parrish a/k/a Vicki
Ann Parrish and Joshway Parrish,
Jr. to Union Planters Bank, National
Association, dated November 15,
2003, recorded December 4,2003, in
Deed Book 15523, Page 220, DeKalb
County, Georgia Records, said Se
curity Deed having been given to se
cure a Note of even date in the prin
cipal amount of ONE HUNDRED
NINETY-NINE THOUSAND DOL
LARS AND NO CENTS
($199,000.00), with interest thereon
as provided for therein, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of DeKalb County, Geor
gia, Georgia, within the legal hours of
sale on the first Tuesday in October
2014 by Regions Bank s/b/m Union
Planters Bank, N.A., as Attorney in
Fact for Vicki A. Parrish a/k/a Vicki
Ann Parrish and Joshway Parrish, Jr.,
all property described in said Secur
ity Deed including but not limited to
the following described property: ALL
THAT TRACT OF PARCEL OF
LAND LYING AND BEING IN LAND
LOTS 6 & 7 OF THE 16TH DIS
TRICT OF DEKALB COUNTY,
GEORGIA, BEING LOT 91, BLOCK
D, OF HIDDEN CREEK, UNIT MB,
AS PER PLAT RECORDED IN PLAT
BOOK 107, PAGES 19-22, DEKALB
COUNTY, GEORGIA RECORDS, TO
WHICH PLAT REFERENCE IS
MADE FOR A MORE DETAILED DE
SCRIPTION. Said property being
known as 4804 HIDDEN CREEK
PLACE, DECATUR, GEORGIA
30035 according to the present num
bering system in DeKalb County. The
indebtedness secured by said Secur
ity Deed has been and is hereby de
clared due because of default under
the terms of said Security Deed and
Note, including but not limited to the
nonpayment of the indebtedness as
and when due. The indebtedness re
maining in default, this sale will be
made for the purpose of paying the
same, all expenses of the sale, in
cluding attorneys' fees and all other
payments provided for under the
terms of the Security Deed and Note.
Said property will be sold subject to
the following items which may affect
the title to said property: any superi
or Security Deeds of record; all zon
ing ordinances; matters which would
be disclosed by an accurate survey
or by an inspection of the 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 upon said property; all re
strictive covenants, easements,
rights-of-way and any other matters
of record superior to said Security
Deed. To the best of the knowledge
and belief of the undersigned, the
party in possession of the property is
++Vicki A. Parrish a/k/a Vicki Ann
Parrish and Joshway Parrish, Jr.++
or tenant(s). The sale will be conduc
ted subject to (1) confirmation that
the sale is not prohibited under the
U.S. Bankruptcy Code, and (2) final
confirmation and audit of the status of
the loan. The name of the person or
entity who has the full authority to ne
gotiate, amend, and modify all terms
of the mortgage is: Regions Bank
d/b/a Regions Mortgage, 215 Forrest
Street, Hattiesburg, MS 39401 TEL
(800) 748-9498. THIS LAW FIRM IS
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. The Geheren Firm, P.C.,
4828 Ashford Dunwoody Road, 2nd
Floor, Atlanta, GA 30338 TEL (678)
587-9500.
420-360604 9/11,9/18,9/25,10/2wg
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
from Betty C. Wilkins to Regions
Bank d/b/a Regions Mortgage, dated
April 30, 2009, recorded May 13,
2009, in Deed Book 21429, Page
142, DeKalb County, Georgia Re
cords, said Security Deed having
been given to secure a Note of even
date in the principal amount of ONE
HUNDRED THOUSAND DOLLARS
AND NO CENTS ($100,000.00), 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, Georgia, within the
legal hours of sale on the first Tues
day in October 2014 by Regions
Bank d/b/a Regions Mortgage, as At
torney in Fact for Betty C. Wilkins, all
property described in said Security
Deed including but not limited to the
following described property: THAT
CERTAIN CONDOMINIUM UNIT IN
LAND LOT 60 OF THE 18TH DIS
TRICT OF DEKALB COUNTY,
GEORGIA, AND BEING IDENTI
FIED AND DEPICTED AS CON
DOMINIUM UNIT NO. A-625 ON AS-
BUILT SURVEY OF CLAIRMONT
PLACE, A CONDOMINIUM (PHASE
I), PREPARED BY LOO-TURLEY &
ASSOCIATES, P.C., DATED
MARCH 15, 1989, AND RECOR
DED IN CONDOMINIUM PLAT
BOOK 7, AT PAGE 5, DEKALB
COUNTY GEORGIA RECORDS,
AND ON THE ARCHITECTURAL
PLANS APPLICABLE THERETO,
PREPARED BY WILLIAM H. FOLEY,
GEORGIA REGISTERED ARCHI
TECT, AND FILED IN CONDOMINI
UM FOLDER NO. 204, AFORESAID
RECORDS, TOGETHER WITH ITS
.0043 PERCENTAGE OF UNDI
VIDED INTEREST IN THE COM
MON ELEMENTS OF SAID CLAIR
MONT PLACE, A CONDOMINIUM,
AS PROVIDED IN THAT CERTAIN
DECLARATION OF CLAIRMONT
PLACE, A CONDOMINIUM, DATED
MARCH 28, 1989, AND RECOR
DED IN DEED BOOK 6398, PAGES
134, ET AL, DEKALB COUNTY
GEORGIA RECORDS, AS NOW OR
HEREAFTER AMENDED AS
THEREIN PROVIDED. SAID RE
CORDED AS-BUILT SURVEY AND
ARCHITECTURAL PLANS, TO
GETHER WITH SAID RECORDED
DECLARATION, INCLUDING ANY
AND ALL RECORDED AMEND
MENTS THERETO, ARE INCOR
PORATED HEREIN BY REFER
ENCE AS A PART OF THE DE
SCRIPTION OF THE PROPERTY
CONVEYED HEREBY. TOGETHER
WITH EASEMENTS TO USE COM
MON AREA FACILITIES IN COM
MON WITH OTHER CONDOMINI
UM OWNERS. ALSO, TOGETHER
WITH, AND SUBJECT TO THOSE
CERTAIN EASEMENTS, RIGHTS,
BENEFITS AND BURDENS APPER
TAINING TO THE PROPERTY CON
VEYED THEREBY UNDER AND
PURSUANT TO THAT CERTAIN DE
CLARATION OF EASEMENTS AND
RIGHTS DATED MARCH 28, 1989,
AND RECORDED IN DEED BOOK
6398, PAGE 107, DEKALB COUNTY
GEORGIA RECORDS. Said property
being known as 1800 CLAIRMONT
LAKE, UNIT A-625, DECATUR,
GEORGIA 30033 according to the
present numbering system in DeKalb
County. The indebtedness secured
by said Security Deed has been and
is hereby declared due because of
default under the terms of said Se
curity Deed and Note, including but
not limited to the nonpayment of the
indebtedness as and when due. The
indebtedness remaining in default,
this sale will be made for the pur
pose of paying the same, all ex
penses of the sale, including attor
neys' fees and all other payments
provided for under the terms of the
Security Deed and Note. Said prop
erty will be sold subject to the follow
ing items which may affect the title to
said property: any superior Security
Deeds of record; all zoning ordin
ances; matters which would be dis
closed by an accurate survey or by
an inspection of the 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 upon said property; all re
strictive covenants, easements,
rights-of-way and any other matters
of record superior to said Security
Deed. To the best of the knowledge
and belief of the undersigned, the
party in possession of the property is
++Betty C. Wilkins++ or tenant(s).
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code, and (2) final confirmation and
audit of the status of the loan. The
name of the person or entity who has
the full authority to negotiate, amend,
and modify all terms of the mortgage
is: Regions Bank d/b/a Regions Mort
gage, 215 Forrest Street, Hatties
burg, MS 39401 TEL (800) 748-9498.
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. The
Geheren Firm, P.C., 4828 Ashford
Dunwoody Road, 2nd Floor, Atlanta,
GA 30338 TEL (678) 587-9500.
420-360608 9/11,9/18,9/25,10/2wg
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
By virtue of Power of Sale contained
in Purchase Money Deed to Secure
Debt and Security Agreement (“Se
curity Deed”) from Winfield Tom
(“Grantor”) to Paces Funding, LLC
(“Grantee”), dated July 16, 2013, re
corded in Deed Book 23971, page
170, Dekalb County, Georgia re
cords, said Security Deed being giv
en to secure a Note of even date
therewith in the original principal
amount of One Hundred Twenty-
Three Thousand Five Hundred and
00/100 ($123,500.00) Dollars, with in
terest from date at the rate provided
therein on the unpaid balance until
paid, there will be sold by the under
signed at public outcry to the highest
bidder for cash before the Court
house door at Dekalb County, Geor
gia, within the legal hours of sale on
the first Tuesday in October, 2014
the following described property:
All that tract or parcel of land lying
and being in Land Lot 208 of the 15th
District, Dekalb County, Georgia, be
ing Lot 12, Block C, Moreland
Heights Subdivision, as per plat re
corded in Plat Book 9, Page 11,
Dekalb County, Georgia records,
which recorded plat is incorporated
herein by this reference and made a
part of this description, said property
being known as 1225 Hosea L. Willi
ams Drive, Atlanta, Georgia 30317,
according to the present system of
numbering property in Dekalb
County, Georgia; Tax ID: 15 208 04
105.
The debt secured by the Security
Deed has been and is hereby de
clared due because of default under
the terms of the Security Deed and
Note, including but not limited to the
nonpayment of the debt as and when
due. The debt remaining in default,
this sale will be made for the pur
pose of paying the same, all ex
penses of this sale, including attor
neys’ fees and all other payments
provided for under the terms of the
Security Deed and Note. The attor
ney whose name, address and tele
phone number are shown below has
full authority to negotiate, amend and
modify all terms of the Security Deed
with the debtor.
Said property will be sold subject to
the following items which may affect
the title to said property: all zoning or
dinances; matters which would be
disclosed by an accurate survey or
by an inspection of the 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 upon said property; all re
strictive covenants, easements,
rights-of-way, rights of parties in
bankruptcy proceedings, and any
other matters of record superior to
said Security Deed. To the best of
the knowledge and belief of the un
dersigned, the party in possession of
the property is Grantor or tenant(s).
Paces Funding, LLC
As Attorney in Fact for
++Winfield Tom++
Contact Wm. Boyd Lyons, Esq.
645 Patrick Place
Atlanta, GA 30328
404-252-4325
THIS IS AN ATTEMPT TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
420-360609 9/11,9/18,9/25,10/2wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the power of
sale contained in that certain Deed to
Secure Debt, Assignment of Rents
and Security Agreement from
Oladayo A. Osinuga and Sammie
J. Gardner-Osinuga (collectively, the
“Grantor”) to and in favor of FirstCity
Bank (the “Lender”), dated January
13,2006, and recorded in Deed Book
18357, Page 163, DeKalb County,
Georgia records, as transferred and
assigned by the Federal Deposit In
surance Corporation (“FDIC”), as Re
ceiver for Lender, to MULTIBANK
2009-1 CRE VENTURE, LLC, a
Delaware limited liability company by
that certain Assignment of Deed to
Secure Debt, effective as of January
7, 2010, and recorded in Deed Book
21877, Page 385, aforesaid records,
and as further assigned to WEST
COAST FUND, LLC, an Arizona lim
ited liability company (the “Holder”),
by that certain Assignment of Deed to
Secure Debt, Assignment of Rents
and Security Agreement dated June
27, 2014, and recorded in Deed Book
24480, Page 705, aforesaid records
(as assigned and modified, the “Se
curity Deed”); securing that certain
Universal Note from Grantor to and in
favor of Lender dated January 13,
2006, in the original principal sum of
Three Hundred Thirty Thousand and
No/100 Dollars ($330,000.00), now
held by Holder (as assigned and
modified, the “Note”); there will be
sold at public outcry by Holder as at-
torney-in-fact of Grantor to the
highest bidder for cash between the
legal hours for sale before the court
house door in DeKalb County, Geor
gia, on the first Tuesday in October,
2014, the following described land,
improvements and appurtenances
(hereinafter collectively referred to as
the “Premises”) to wit:
All that tract or parcel of land lying
and being in Land Lot 56 of the 15th
District of DeKalb County, Georgia,
and more particularly described as
follows:
The point of beginning is located on
the easterly side of Panthersville
Road 430 feet in a northerly direction
from the intersection of the easterly
right of way of Panthersville Road
and the northerly right of way of River
Road; thence northerly along the
easterly right of way of Panthersville
Road 397 feet to a point; thence in an
easterly direction 210 feet; thence in
a northerly direction 210 feet; thence
in an easterly direction 231 feet;
thence in a southerly direction 646
feet to a point; thence in a westerly
direction back to the point of begin
ning on the easterly right of way of
Panthersville Road. Said property
containing six acres more or less and
is known as 3682 PANTHERSVILLE
ROAD, DEKALB COUNTY, GEOR
GIA. Said property is the same prop
erty as recorded in Deed Book 2948,
page 101, DeKalb County, Georgia,
Deed Book records (the “Land”).
Together with (a) all buildings, struc
tures and improvements of every
nature whatsoever now or hereafter
situated on the Land, and all gas and
electric fixtures, radiators, heaters,
engines and machinery boilers,
ranges, elevators and motors, plumb
ing and heating fixtures, carpeting
and other floor coverings, fire extin
guishers and any other safety equip
ment required by governmental regu
lation or law, washers, dryers, water
heaters, mirrors, mantels, air condi
tioning apparatus, refrigerating
plants, refrigerators, cooking apparat
us and appurtenances, window
screens, awnings and storm sashes,
which are or shall be attached to said
buildings, structures or improve
ments and all other furnishings, fur
niture, fixtures, machinery, equip
ment, appliances, vehicles (exclud
ing Grantor’s and Guarantors’ per
sonal automobiles, if any), building
supplies and materials, books and re
cords, chattels, inventory, accounts,
farm products, consumer goods, gen
eral intangibles and personal prop
erty of every kind and nature whatso
ever, now or hereafter owned by
Grantor and located in, on or about or
used or intended to be used with or in
connection with the use, operation or
enjoyment of the Premises (including
any furnishings, furniture, fixtures,
machinery, equipment, appliances,
vehicles and personal property that
Grantor stores off of the Land), in
cluding all extensions, additions, im
provements, betterments, after-ac
quired property, renewals, replace
ments and substitutions, or proceeds
from a permitted sale of any of the
foregoing, and all the right, title and
interest of Grantor in and to any such
furnishings, furniture, fixtures, ma
chinery, equipment, appliances,
vehicles and personal property sub
ject to or covered by any prior secur
ity agreement, conditional sales con
tract, chattel Deed to Secure Debt or
similar lien or claim, together with the
benefit of any deposits or payments
now or hereafter made by Grantor or
on behalf of Grantor; all tradenames,
trademarks, servicemarks, logos and
goodwill related thereto which in any
way now or hereafter belong, relate
or appertain to the Premises or any
part thereof, now or hereafter ac
quired by Grantor; and all inventory,
accounts, chattel paper, documents,
equipment, fixtures, farm products,
consumer goods and general intan
gibles constituting proceeds ac
quired with 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 Land and a part of
the Premises and between the
parties hereto and all persons claim
ing by, through or under them, and
which shall be deemed to be a por
tion of the security for the indebted
ness herein described and to be se
cured by this Deed to Secure Debt.
The location of the above-described
collateral is also the location of the
Land; (b) all easements, rights-of-
way, strips and gores of land, vaults,
streets, ways, alleys, passages, sew
er rights, waters, water courses, wa
ter rights and powers, minerals,
flowers, shrubs, crops, trees, timber
and other emblements now or here
after located on, under or above the
Land or any part or parcel thereof,
and all estates, rights, titles, interests,
privileges, liberties, tenements,
hereditaments and appurtenances,
reversion and reversions, remainder
and remainders, whatsoever, in any
way belonging, relating or appertain
ing to the Premises or any part there
of, or which hereafter shall in any way
belong, relate or be appurtenant
thereto, whether now owned or here
after acquired by Grantor; and (c) all
income, rents, issues, profits and rev
enues of the Premises from time to
time accruing (including without limit
ation all payments under leases or
tenancies, proceeds of insurance,
condemnation payments, tenant se
curity deposits whether held by
Grantor or in a trust account, and es
crow funds), and all the estate, right,
title, interest, property, possession,
claim and demand whatsoever at
law, as well as in equity, of Grantor
of, in and to the same.
Together with all and any unexpired
warranties, guarantees, and indem
nities with respect to any or all of the
foregoing.
Together with the proceeds of all of
the foregoing.
The indebtedness evidenced by the
Note is due and payable in full 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 represent
ation or warranty of any kind or
nature whatsoever by Holder with re
spect thereto.
The proceeds of the sale are to be
applied first to the expenses of the
sale and all proceedings in connec
tion therewith, including attorneys’
fees (notice of intention to collect at
torneys’ fees having been given),
then to the payment of all sums se
cured by the Security Deed, and the
remainder, if any, will be paid to the