Newspaper Page Text
Page 68C
The Champion Legal Section, Thursday, October 16, 2014 www.championnewspaper.com
ACQUISITION TRUST 2007 CH1,
ASSET BACKED PASS THROUGH
CERTIFICATES, SERIES 2007 CH1
(the current investor on the loan), is
the entity with the full authority to ne
gotiate, amend, and modify all terms
of the loan. Pursuant to O.C.G.A. §
44 14 162.2, JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION
may be contacted at: JPMORGAN
CHASE BANK, NATIONAL ASSOCI
ATION, 3415 VISION DRIVE,
COLUMBUS, OH 43219, 866 550
5705. 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 3313 SAXONY WAY,
LITHONIA, GEORGIA 30038 is/are:
JAMES O GREASON or tenant/ten
ants. Said property will be sold sub
ject to (a) any outstanding ad valor
em taxes (including taxes which are a
lien, but not yet due and payable), (b)
any matters which might be dis
closed by an accurate survey and in
spection of the property, and (c) all
matters of record superior to the
Deed to Secure Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances,
zoning ordinances, easements, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited under the U.S. Bankruptcy Code;
and (2) final confirmation 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 procedures regard
ing the rescission of judicial and non
judicial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not be
provided until final confirmation and
audit of the status of the loan as
provided in the preceding paragraph.
DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS TRUSTEE
FOR J.P. MORGAN MORTGAGE
ACQUISITION TRUST 2007 CH1,
ASSET BACKED PASS THROUGH
CERTIFICATES, SERIES 2007 CH1
as Attorney in Fact for JAMES O
GREASON. THIS LAW FIRM IS
ACTING AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. ++00000004687885
GREASON++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341
5398.
420-364192
10/9,10/16,10/23,10/30WG
Notice of Sale Under Power
State of Georgia, County of DEKALB.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by TERESITA POWELL
AND LINWOOD POWELL to MORT
GAGE ELECTRONIC REGISTRA
TION SYSTEMS, INC. ("MERS") AS
NOMINEE FOR COUNTRYWIDE
HOME LOANS, INC. , dated
09/27/2007, and Recorded on
10/03/2007 as Book No. 20344 and
Page No. 664, DEKALB County,
Georgia records, as last assigned to
BANK OF AMERICA, N.A., SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP, FKA
COUNTRYWIDE HOME LOANS
SERVICING LP (the Secured Credit
or), by assignment, conveying the
after described property to secure a
Note of even date in the original prin
cipal amount of $166,683.00, with in
terest at the rate specified therein,
there will be sold by the undersigned
at public outcry to the highest bidder
for cash at the DEKALB County
Courthouse within the legal hours of
sale on the first Tuesday in Novem
ber, 2014, the following described
property: ALL THAT TRACT OR
PARCEL OF LAND LYING AND BE
ING IN LAND LOT 125 OF THE
18TH DISTRICT OF DEKALB
COUNTY, GEORGIA, AND BEING
MORE PARTICULARLY DE
SCRIBED AS FOLLOWS: CON
DOMINIUM UNIT 508, BUILDING 5
OF STONE MILL CONDOMINIUM, A
CONDOMINIUM, AS MORE PAR
TICULARLY DESCRIBED AND DE
LINEATED IN THE DECLARATION
OF CONDOMINIUM FOR STONE
MILL, RECORDED IN DEED BOOK
19794, PAGE 188, ET SEQ.,
DEKALB COUNTY, GEORGIA RE
CORDS, AS MAY BE AMENDED.
THIS CONVEYANCE IS MADE SUB
JECT TO THE DECLARATION AND
ALL MATTERS REFERENCED
THEREIN, AND ALL MATTERS
SHOWN ON THE PLAT RECOR-
DED IN PLAT BOOK 169, PAGE 68,
REVISED AT PLAT BOOK 194,
PAGE 7, DEKALB COUNTY, GEOR-
GIA RECORDS, AS MAY BE
AMENDED AND THE FLOOR
PLANS RECORDED IN PLAT BOOK
185, PAGE(S) 90 134, AFORESAID
RECORDS, AS MAY BE AMENDED.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er possible events of default, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
Because the debt remains in default,
this sale will be made for the pur
pose of paying the same and all ex
penses of this sale, as provided in
the Deed to Secure Debt and by law,
including attorney’s fees (notice of in
tent to collect attorney’s fees having
been given). To the best knowledge
and belief of the undersigned, the
party/parties in possession of the
subject property known as 5130
MADELINE PL, STONE MOUNTAIN,
GEORGIA 30083 is/are: TERESITA
POWELL AND LINWOOD POWELL
or tenant/tenants. Said property will
be sold subject to (a) any outstand
ing 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 record superior to
the Deed to Secure Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances,
zoning ordinances, easements, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited under the U.S. Bankruptcy Code;
and (2) final confirmation 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 procedures regard
ing the rescission of judicial and non
judicial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not be
provided until final confirmation and
audit of the status of the loan as
provided in the preceding paragraph.
BANK OF AMERICA, N.A., SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP, FKA
COUNTRYWIDE HOME LOANS
SERVICING LP as Attorney in Fact
for TERESITA POWELL AND LIN
WOOD POWELL. THIS LAW FIRM
IS ACTING AS A DEBT COLLECT
OR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. ++20120031405425
POWELL++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341
5398.
420-364193
10/9,10/16,10/23,10/30WG
Notice of Sale Under Power
State of Georgia, County of DEKALB.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by JERRY L FLOWERS
to APPALACHIAN MORTGAGE
CORPORATION , dated 06/10/1993,
and , DEKALB County, Georgia re
cords, as last assigned to CALIBER
HOME LOANS, INC (the Secured
Creditor), by assignment, conveying
the after described property to se
cure a Note of even date in the ori
ginal principal amount of $67,500.00,
with interest at the rate specified
therein, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash at the
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in November, 2014, the fol
lowing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 218
OF THE 15TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING LOT 9, BLOCK F, BELVEDERE
GARDENS SUBDIVISION, AC
CORDING TO PLAT RECORDED AT
PLAT BOOK 22, PAGE 71, DEKALB
COUNTY RECORDS, WHICH REF
ERENCE IS MADE FOR THE PUR
POSE OF INCORPORATING THE
SAME AS A PART HEREIN; BEING
IMPROVED PROPERTY KNOWN
AS 1262 TACOMA WAY ACCORD
ING TO THE PRESENT SYSTEM
OF NUMBERING HOUSES IN
DEKALB COUNTY, GEORIGA 30032
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er possible events of default, failure
to pay the indebtedness as and when
due and in the manner provided in
the Note and Deed to Secure Debt.
Because the debt remains in default,
this sale will be made for the pur
pose of paying the same and all ex
penses of this sale, as provided in
the Deed to Secure Debt and by law,
including attorney’s fees (notice of in
tent to collect attorney’s fees having
been given). CALIBER HOME
LOANS, INC holds the duly en
dorsed Note and is the current as
signee of the Security Deed to the
property. CALIBER HOME LOANS,
INC., acting on behalf of and, as ne
cessary, in consultation with FEDER
AL HOME LOAN MORTGAGE COR
PORATION (the current investor on
the loan), is the entity with the full au
thority to negotiate, amend, and
modify all terms of the loan. Pursu
ant to O.C.G.A. § 44 14 162.2,
CALIBER HOME LOANS, INC. may
be contacted at: CALIBER HOME
LOANS, INC., 13801 WIRELESS
WAY, OKLAHOMA CITY, OK 73134,
800 401 6587. Please note that, pur
suant 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 be
lief of the undersigned, the
party/parties in possession of the
subject property known as 1262 TA
COMA WAY, DECATUR, GEORGIA
30032 is/are: JERRY L FLOWERS 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 pay
able), (b) any matters which might be
disclosed by an accurate survey and
inspection of the property, and (c) all
matters of record superior to the
Deed to Secure Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances,
zoning ordinances, easements, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited under the U.S. Bankruptcy Code;
and (2) final confirmation 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 procedures regard
ing the rescission of judicial and non
judicial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not be
provided until final confirmation and
audit of the status of the loan as
provided in the preceding paragraph.
CALIBER HOME LOANS, INC as At-
torney in Fact for JERRY L
FLOWERS. THIS LAW FIRM IS
ACTING AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. ++00000004575957
FLOWERS++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341
5398.
420-364195
10/9,10/16,10/23,10/30WG
Notice of Sale Under Power
State of Georgia, County of DEKALB.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by TOMMIE CUNNING
HAM AND TWYANNA CUNNING
HAM PETERSON to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. ("MERS") AS NOM
INEE FOR CHOICE CAPITAL FUND
ING INC. , dated 09/07/2004, and
Recorded on 09/22/2004 as Book
No. 16620 and Page No. 516,
DEKALB County, Georgia records, as
last assigned to U.S. BANK TRUST,
N.A., AS TRUSTEE FOR LSF8 MAS
TER PARTICIPATION TRUST (the
Secured Creditor), by assignment,
conveying the after described prop
erty to secure a Note of even date in
the original principal amount of
$121,000.00, with interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to
the highest bidder for cash at the
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in November, 2014, the fol
lowing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 65
OF THE 15TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING LOT 22, BLOCK C, UNIT ONE,
WILLOWCREEK SUBDIVISION, AS
PER PLAT RECORDED IN PLAT
BOOK 61, PAGE 143 DEKALB
COUNTY, GEORGIA RECORDS;
WHICH PLAT IS HEREBY RE
FERRED TO AND MADE A PART
OF THIS DESCRIPTION; BEING IM
PROVED PROPERTY KNOWN AS
4519 JACKYBELL TRAIL, DEKALB
COUNTY, GEORGIA The debt se
cured by said Deed to Secure Debt
has been and is hereby declared due
because of, among other possible
events of default, failure to pay the in
debtedness as and when due and in
the manner provided in the Note and
Deed to Secure Debt. Because the
debt remains in default, this sale will
be made for the purpose of paying
the same and all expenses of this
sale, as provided in the Deed to Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF8 MASTER
PARTICIPATION TRUST holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. CALIBER HOME
LOANS, INC., acting on behalf of
and, as necessary, in consultation
with U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF8 MASTER
PARTICIPATION TRUST (the cur
rent investor on the loan), is the en
tity with the full authority to negotiate,
amend, and modify all terms of the
loan. Pursuant to O.C.G.A. § 44 14
162.2, CALIBER HOME LOANS,
INC. may be contacted at: CALIBER
HOME LOANS, INC., 13801 WIRE
LESS WAY, OKLAHOMA CITY, OK
73134, 800 401 6587. Please note
that, pursuant to O.C.G.A. § 44 14
162.2, the secured creditor is not re
quired to amend or modify the terms
of the loan. To the best knowledge
and belief of the undersigned, the
party/parties in possession of the
subject property known as 4519
JACKYBELL TRAIL, DECATUR,
GEORGIA 30034 is/are: TOMMIE
CUNNINGHAM AND TWYANNA
CUNNINGHAM PETERSON or ten
ant/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 pay
able), (b) any matters which might be
disclosed by an accurate survey and
inspection of the property, and (c) all
matters of record superior to the
Deed to Secure Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances,
zoning ordinances, easements, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited under the U.S. Bankruptcy Code;
and (2) final confirmation 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 procedures regard
ing the rescission of judicial and non
judicial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not be
provided until final confirmation and
audit of the status of the loan as
provided in the preceding paragraph.
U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF8 MASTER
PARTICIPATION TRUST as Attor
ney in Fact for TOMMIE CUNNING
HAM AND TWYANNA CUNNING
HAM PETERSON. THIS LAW FIRM
IS ACTING AS A DEBT COLLECT
OR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. ++00000004668018
CUNNINGHAM++ BARRETT
DAFFIN FRAPPIER LEVINE &
BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
Foreclosures: Commercial
430-362766 10/9,10/16,10/23,10/30jh
STATE OF GEORGIA
COUNTY OF DEKALB
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of
sale contained in a Deed to Secure
Debt and Security Agreement from
PEACHTREE PAVILION PART
NERS, INC. to Bank of North Geor
gia, dated September 6, 2007, filed
for record September 10, 2007 and
recorded in Deed Book 20287, Page
433, DeKalb County, Georgia re
cords, as assigned to Crimson Portfo
lio, LLC by Assignment dated
December 10, 2012, filed for record
March 5, 2013 and recorded in Deed
Book 23615, Page 361, DeKalb
County, Georgia records; as further
assigned to CRIMSON PORTFOLIO
ALPHA, LLC by Assignment dated
July, 2013, filed for record August 13,
2013 and recorded in Deed Book
23957, Page 221, DeKalb County,
Georgia records (“Security Deed”);
also that certain Assignment of
Leases, Rents and Profits dated
September 6, 2007, filed for record
September 10, 2007 and recorded in
Deed Book 20287, Page 464, DeKalb
County, Georgia records, as as
signed to Crimson Portfolio, LLC by
Assignment dated December 10,
2012, filed for record March 5, 2013
and recorded in Deed Book 23615,
Page 361, DeKalb County, Georgia
records; as further assigned to CRIM
SON PORTFOLIO ALPHA, LLC by
Assignment dated July, 2013, filed for
record August 13, 2013 and recor
ded in Deed Book 23957, Page 225,
DeKalb County, Georgia records;
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 November, 2014, the fol
lowing described property:
PARCEL A
All that tract or parcel of land lying
and being in Land Lot 322 of the
18th District, DeKalb County, Geor
gia and being Parcel A containing
13.503 acres as shown and delin
eated on Final Plat of Survey for
Doraville Investors, LLC, 285
Doraville Partners, LLC and Brands-
mart U.S.A. of Doraville, LLC, dated
August 19, 2003, last revised Janu
ary 30, 2007, by Planners & Engin
eers Collaborative, certified by Willi
am Henry Kelly, Jr., Georgia Re
gistered Land Surveyor No. 2489, re
corded in Plat Book 193, Pages 93
and 94, Records of the Clerk of Su
perior Court of DeKalb County, Geor
gia, which plat is incorporated herein
by this reference and made a part
hereof.
Together with easement rights con
tained in the following:
a. Declaration of Covenants, Ease
ments and Restrictions by 285
Doraville Partners, LLC, dated as of
February 19, 2003, filed February 20,
2003, recorded in Deed Book 14156,
Page 603, DeKalb County Records;
as affected by Memorandum of As
signment of Declarant’s Rights under
Declaration of Covenants, Ease
ments, and Restrictions between 285
Doraville Partners, LLC and Doraville
Investors, LLC, dated February 19,
2003, filed February 20, 2003, recor
ded in Deed Book 14156, Page 651,
aforesaid records; as amended by
Amended and Restated Declaration
of Covenants, Easements, and Re
strictions by Doraville Investors, LLC,
dated September 26, 2003, filed Oc
tober 1, 2003, recorded in Deed Book
15108, Page 521, aforesaid records,
as amended by First Amendments to
Amended and Restated Declaration
of Covenant, Easements, and Re
strictions, dated as of August 21,
2007, filed August 23, 2007, recor
ded in Deed Book 20245, Page 493,
aforesaid records.
b. Storm Water Easement Agree
ment by and between General Mo
tors Corporation and 285 Doraville
Partners, LLC, dated February 18,
2003, filed February 19, 2003, recor
ded in Deed Book 14149, Page 504,
aforesaid records.
c. Sanitary Sewer Easement Agree
ment by and between General mo
tors corporation and 285 Doraville
Partners, LLC, dated February 18,
2003, filed February 19, 2003, recor
ded in Deed Book 14149, Page 515,
aforesaid records.
d. Sign Agreement by and between
Tuxedo Real Estate Partners, LLC
and Doraville Investors, LLC, dated
February 19, 2003, filed February 20,
2003, recorded in Deed Book 14156,
Page 670, aforesaid records; and
e. Reciprocal Parking Easement
Agreement by and between Brands-
mart U.S.A. of Doraville, LLC and
Doraville Investors, LLC, dated
September 26, 2003, filed October 1,
2003, recorded in Deed Book 15108,
Page 603, aforesaid records.
Together with a perpetual, appurten
ant easement on, over and across
and through the tract of land retained
by Grantor (known as Parcel A-1 on
the aforementioned Final Plat) on
Peachtree Road consisting of 1.255
acres for the construction, mainten
ance and use of a parking lot, includ
ing the right to park passenger
vehicles and use the driveways to
serve the shopping center to be con
structed on the Grantee's property
(subject Parcel A).
Included herewith all fixtures, goods,
chattels, construction materials, fur
niture, equipment, machinery, appar
atus, appliances, all other furnish
ings, tools, equipment and ma
chinery, building supplies, materials,
general intangibles, contract rights
and accounts receivable.
The Security Deed secures the pay
ment of all amounts which have be-
come due and payable by
PEACHTREE PAVILION PART
NERS, INC. under certain Promis
sory Notes (“Notes”).
Default has occurred and continues
under the terms of the Notes, the Se
curity Deed and other loan docu
ments because of the default of cer
tain terms of the Notes, Security
Deed and other loan documents and
the failure to pay certain indebted
ness when due.
By reason of the default, the Security
Deed is being foreclosed according
to its terms and this sale will be made
for the purpose of paying the in
debtedness, expenses of this sale,
and reasonable attorneys fees as
provided in the Security Deed and by
law.
The 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 PEACHTREE
PAVILION PARTNERS, INC. or a
tenant or tenants.
CRIMSON PORTFOLIO
ALPHA, LLC,
as attorney in Fact for
PEACHTREE PAVILION
PARTNERS, INC.
L. Lou Allen
Stites & Harbison, PLLC
303 Peachtree Street, N.E.
2800 SunTrust Plaza
Atlanta, GA 30308
(404) 739-8893
+ + File No. CR150-0CR34/
PEACHTREE PAVILION PART
NERS INC++
430-362767 10/9,10/16,10/23,10/30jh
STATE OF GEORGIA
COUNTY OF DEKALB
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of
sale contained in a Deed to Secure
Debt and Security Agreement from
DORAVILLE INVESTORS, LLC to
Bank of North Georgia, dated
September 6, 2007, filed for record
September 10, 2007, in Deed Book
20287, Page 478, DeKalb County,
Georgia records, as assigned to
Crimson Portfolio, LLC by Assign
ment dated December 10,2012, filed
for record March 5, 2013 and recor
ded in Deed Book 23615, Page 361,
DeKalb County, Georgia records; as
further assigned to CRIMSON PORT
FOLIO ALPHA, LLC by Assignment
dated July 10, 2013, filed for record
August 13, 2013 and recorded in
Deed Book 23957, Page 229, DeKalb
County, Georgia records (“Security
Deed”); also that certain Assignment
of Leases, Rents and Profits dated
September 6, 2007, filed for record
September 10, 2007 and recorded in
Deed Book 20287, Page 509, DeKalb
County, Georgia records, as as
signed to Crimson Portfolio, LLC by
Assignment dated December 10,
2012, filed for record March 5, 2013
and recorded in Deed Book 23615,
Page 361, DeKalb County, Georgia
records; as further assigned to CRIM
SON PORTFOLIO ALPHA, LLC by
Assignment dated July, 2013, filed for
record August 13, 2013 and recor
ded in Deed Book 23957, Page 233,
DeKalb County, Georgia records;
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 November, 2014, the fol
lowing described property:
PARCEL A-1
All that tract or parcel of land lying
and being in Land Lot 322 of the
18th District, DeKalb County, Geor
gia and being Parcel A-1, contain
ing 1.255 acres as shown and delin
eated in Final Plat of Survey for
Doraville Investors, LLC, 285
Doraville Partners, LLC and Brands-
mart U.S.A of Doraville, LLC, dated
August 19, 2003, last revised Janu
ary 30, 2007, by Planners & Engin
eers Collaborative, certified by Willi
am Henry Kelly, Jr., Georgia Re
gistered Land Surveyor No. 2489, re
corded in Plat Book 193, Pages 93
and 94, records of the Clerk of Super
ior Court of DeKalb County, Georgia,
which plat is incorporated herein by
this reference and made a part here
of.
Together with easement rights con
tained in the following:
a. Declaration of Covenants, Ease
ments and Restrictions by 285
Doraville Partners, LLC, dated as of
February 19, 2003, filed February 20,
2003, recorded in Deed Book 14156,
Page 603, DeKalb County Records;
as affected by Memorandum of As
signment of Declarant’s Rights under
Declaration of Covenants, Ease
ments, and Restrictions between 285
Doraville Partners, LLC and Doraville
Investors, LLC, dated February 19,
2003, filed February 20, 2003, recor
ded in Deed Book 14156, Page 651,
aforesaid records; as amended by
Amended and Restated Declaration
of Covenants, Easements, and Re
strictions by Doraville Investors, LLC,
dated September 26, 2003, filed Oc
tober 1, 2003, recorded in Deed Book
15108, Page 521, aforesaid records,
as amended by First Amendments to
Amended and Restated Declaration
of Covenant, Easements, and Re
strictions, dated as of August 21,
2007, filed August 23, 2007, recor
ded in Deed Book 20245, Page 493,
aforesaid records.
b. Storm Water Easement Agree
ment by and between General Mo
tors Corporation and 285 Doraville
Partners, LLC, dated February 18,
2003, filed February 19, 2003, recor
ded in Deed Book 14149, Page 504,
aforesaid records.
c. Sanitary Sewer Easement Agree
ment by and between General mo
tors corporation and 285 Doraville
Partners, LLC, dated February 18,
2003, filed February 19, 2003, recor
ded in Deed Book 14149, Page 515,
aforesaid records.
d. Sign Agreement by and between
Tuxedo Real Estate Partners, LLC
and Doraville Investors, LLC, dated
February 19, 2003, filed February 20,
2003, recorded in Deed Book 14156,
Page 670, aforesaid records; and
e. Reciprocal Parking Easement
Agreement by and between Brands-
mart U.S.A. of Doraville, LLC and
Doraville Investors, LLC, dated
September 26, 2003, filed October 1,
2003, recorded in Deed Book 15108,
Page 603, aforesaid records.
Included herewith all fixtures, goods,
chattels, construction materials, fur
niture, equipment, machinery, appar
atus, appliances, all other furnish
ings, tools, equipment and ma
chinery, building supplies, materials,
general intangibles, contract rights
and accounts receivable.
The Security Deed secures the pay
ment of all amounts which have be-
come due and payable by
PEACHTREE PAVILION PART
NERS, INC. under certain Promis
sory Notes (“Notes”).
Default has occurred and continues
under the terms of the Notes, the Se
curity Deed and other loan docu
ments because of the default of cer
tain terms of the Notes, Security
Deed and other loan documents and
the failure to pay certain indebted
ness when due.
By reason of the default, the Security
Deed is being foreclosed according
to its terms and this sale will be made
for the purpose of paying the in
debtedness, expenses of this sale,
and reasonable attorneys fees as
provided in the Security Deed and by
law.
The 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 DORAVILLE
INVESTORS, LLC or a tenant or ten
ants.
CRIMSON PORTFOLIO ALPHA,
LLC,
as attorney in Fact for
DORAVILLE INVESTORS, LLC
L. Lou Allen
Stites & Harbison, PLLC
303 Peachtree Street, N.E.
2800 SunTrust Plaza
Atlanta, GA 30308
(404) 739-8893
+ + F i I e No. CR150-
OCR34/DORAVILLE INVESTORS,
LLC++
430-362768 10/9,10/16,10/23,10/30jh
NOTICE OF FORECLOSURE
UNDER DEED TO SECURE DEBT
WITH POWER OF SALE
STATE OF GEORGIA
COUNTY OF GWINNETT
Because of default in the payment of
the indebtedness evidenced by a
Promissory Note dated March 2,
2012 in the original principal sum of
$64,000.00, said Note being secured
by a Deed to Secure Debt executed
by Bobby Lee Walters as Grantors
to Tucker Car Wash, Inc. as
Grantee, dated March 2, 2012, filed
for record March 8, 2012 at 10:33
a.m. and recorded at Deed Book
22914, Page 749 in the Office of the