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The Champion Legal Section, Thursday, November 27, 2014
structively, thereto; (ii) all and singu
lar the tenements, hereditaments,
easements and appurtenances be
longing thereunto or in any wise ap
pertaining thereto and the reversion
and reversions, remainder or remain
ders thereof; (iii) all rents accruing
therefrom, whether now or hereafter
due; (iv) all accounts and contract
rights now or hereafter arising in con
nection with any part or parcel there
of or any buildings, structures or im
provements now or hereafter located
thereon, including without limitation
all accounts and contract rights in
and to all leases or undertakings to
lease now or hereafter affecting the
land or any buildings, structures, or
improvements thereon; (v) all miner
als, flowers, crops, trees, timber,
shrubbery and other emblements
now or hereafter located thereon or
thereunder or on or under any part or
parcel thereof; (vi) all estates, rights,
title and interest therein, or in any
part or parcel thereof; (vii) all equip
ment, machinery, apparatus, fittings,
fixtures, furniture, furnishings, mobile
homes, modular homes and all per
sonal property of every kind or de
scription whatsoever now or here
after located thereon, or in or on the
buildings, structures and improve
ments thereon, and used in connec
tion with the operation and mainten
ance thereof, and all additions
thereto and replacements thereof;
and (viii) all building materials, sup
plies, goods and equipment de
livered thereto and placed thereon for
the purpose of being affixed to or in
stalled or incorporated or otherwise
used in the buildings, structures or
other improvements now or hereafter
located thereon or any part or parcel
thereof.
The debt secured by said Security
Deed has been and is hereby de
clared due and payable because of,
among other possible events of de
fault, failure to make payments owed
under the Note. The debt remaining
in default, this sale will be made for
the purpose of paying the same and
expenses of the sale, including attor
ney’s fees. To the best knowledge
and belief of the Lender, the party in
possession of the Property is the Bor
rower or a tenant or tenants claiming
through it.
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
that might be disclosed by an accur
ate current survey and inspection of
the property, and all assessments, li
ens, encumbrances, restrictions, cov
enants and matters of record superi
or to the Security Deed, if any.
Pursuant to O.C.G.A. § 44-14-
162.2(a), the name, address, and
telephone number of the entity that
has full authority to negotiate, amend
and modify all terms of the Note, Se
curity Deed, and other loan docu
ments is: Lender, Fidelity Bank, 3490
Piedmont Road, Suite 420, Atlanta,
Georgia 30305, (404) 814-8042. The
foregoing notwithstanding, nothing in
OC.G.A. § 44-14-162.2 shall be con
strued to require Lender to negotiate,
amend or modify the terms of the
Note, Security Deed, or other loan
documents described herein.
FIDELITY BANK,
as Attorney-in-Fact for
++PMAG Conglomerate, LLC++
Jared W. Heald, Esq.
Bovis, Kyle, Burch & Medlin, LLC
200 Ashford Center North, Suite 500
Atlanta, GA 30338-2668
Telephone: 770-391-9100
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
430-364875
11/6,11/13,11/20,11/27WG
NOTICE OF
SECURITY DEED
FORECLOSURE SALE
STATE OF GEORGIA
COUNTY OF DEKALB
Default having been made in pay
ment of the indebtedness (including
future advances) in the original prin
cipal amount of SIX HUNDRED
THOUSAND AND no/100 DOLLARS
($600,000.00) (the “Loan”) secured
by that certain Deed to Secure Debt
and Assignment of Rents, dated as of
April 6, 2005, executed by ++Danny
R. Sipsy, an individual, and Lillie
M. Sipsy++, an individual (collect
ively, the “Borrower”) in favor of
Wachovia Bank, National Associ
ation, a national banking association
(“Wachovia”), recorded on April 13,
2005, in O.R. Book 17312, Page 37
in Superior Court Records of DeKalb
County, Georgia (the “Original Secur
ity Deed”); as amended and modified
by that certain Modification of Deed
to Secure Debt and Assignment of
Rents and Leases, dated as of Feb
ruary 5, 2014, executed by and
among Borrower and Wells Fargo
Bank, National Association, a nation
al banking association, successor by
merger with Wachovia Bank, Nation
al Association, a national banking as
sociation (“Wells Fargo” or “Lender”),
recorded on March 5, 2014, in O.R.
Book 24277, Page 315, in the Superi
or Court Records of DeKalb County,
Georgia (the “Modification”). The Ori
ginal Security Deed as amended and
modified by that certain Modification
is referred to as the “Security Deed”.
The undersigned, Lender, under and
by virtue of the power of sale clause
contained in said Security Deed, will
sell at public outcry to the highest
bidder for cash before the Court
house of DeKalb County, Georgia,
during the legal hours of sale on
December 2, 2014, the following de
scribed real property and interests
and estates in said property, land,
permits, easements, licenses, rights,
improvements, personal property, fix
tures, equipment and appurtenances
(hereinafter collectively called the
“Property” or the “Premises”), situ
ated in DeKalb County, Georgia, to-
wit:
A. ALL OF THAT TRACT OR PAR
CEL OF LAND LYING AND BEING
IN LAND LOT 341. 18th DISTRICT,
DEKALB COUNTY, GEORGIA,
CONTAINING 1.27 ACRES AND
BEING MORE PARTICULARLY DE
SCRIBED AS FOLLOWS: BEGIN
NING AT THE SOUTHEASTERLY
RIGHT OF WAY LINE OF
PEACHTREE INDUSTRIAL
BOULEVARD, BEING 125 FEET
FROM CENTERLINE, AND THE
SOUTHWESTERLY RIGHT OF WAY
LINE OF PEACHTREE SQUARE,
BEING 30 FEET FROM CENTER-
LINE; THENCE ALONG THE
SOUTHWESTERLY RIGHT OF WAY
LINE OF PEACHTREE SQUARE;
SOUTH 44 DEGREES 04 MINUTES
EAST A CHORD DISTANCE OF
19.05 FEET TO A POINT, THENCE
CONTINUING ALONG SAID RIGHT
OF WAY LINE SOUTH 47 DE
GRESS 06 MINUTES EAST 140.59
FEET TO A POINT, THENCE CON
TINUING ALONG SAID RIGHT OF
WAY LINE SOUTH 51 DEGRESS 22
MINUTES EAST A CHORD DIS
TANCE OF 57.76 FEET TO AN
IRON PIN; THENCE SOUTH 61 DE
GREES 21 MINUTES WEST 300.03
FEET TO AN IRON PIN; THENCE
NORTH 33 DEGREES 14 MINUTES
WEST 205.67 FEET TO AN IRON
PIN ON THE SOUTHWESTERLY
RIGHT OF WAY LINE OF
PEACHTREE INDUSTRIAL
BOULEVARD, THENCE ALONG
SAID RIGHT OF WAY NORTH 61
DEGREES 21 MINUTES EAST
244.62 FEET TO THE POINT OF
BEGINNING. LESS AND EXCEPT A
PORTION (IF ANY) OF THE ABOVE
PROPERTY CONVEYED TO THE
DEPARTMENT OF TRANSPORTA
TION.
B. TOGETHER WITH, all Rents and
other revenues thereof and all rights
(including riparian rights), privileges,
easements, tenements, interests, im
provements and appurtenances
thereunto belonging or in anywise ap
pertaining, including any after-ac
quired title and easements and all
rights, title and interest now or here
after owned by Borrower in and to all
buildings and improvements, storm
and screen windows and doors, gas,
steam, electric, solar and other heat
ing, lighting, ventilating, air-condition
ing, refrigerating and cooking appar
atus, elevators, plumbing, sprinkling,
smoke, fire and intrusion detection
devices, and other equipment and fix
tures now or hereafter attached or
appertaining to the Premises (collect
ively, the “Fixtures”);
C. TOGETHER WITH, all building
materials, household appliances,
equipment, fixtures and fittings of
every kind or character now owned or
hereafter acquired by Borrower, loc
ated, whether permanently or tempor
arily, on the Mortgaged Property, and
all building materials, household ap
pliances, equipment, fixtures and fit
tings now owned or hereafter ac
quired by Borrower, located or stored
on any other real property, which are
or shall be purchased by Borrower,
for the purpose, or with the intention,
of making improvements on the Mort
gaged Property or to the Premises
located on the Property (collectively,
the “Personal Property”). The Person
al Property includes, without limita
tion, all lumber, bricks, building
stones, building blocks, sand, ce
ment, roofing materials, paint, doors,
windows, storm doors, storm win
dows, nails, wires and wiring, hard
ware, plumbing and plumbing fix
tures, heating and air conditioning
equipment and appliances, electrical
and gas equipment and appliances,
pipes and piping, ornamental and
decorative fixtures, and in general all
building materials, equipment and ap
pliances of every kind and character
used or useful in connection with im
provements to the Property (collect
ively, the “Improvements”);
D. TOGETHER WITH, all present
and future leases of the Property
(hereinafter, the “Leases”), and any
and all guaranties of the lessees’ and
any sublessees' performance under
any of the Leases;
E. TOGETHER WITH, the Rents (as
that term is defined in the Security
Deed, hereinafter collectively, the
“Rents”);
F. TOGETHER WITH, all rights, rem
edies, privileges, options, benefits
and entitlements of every nature
available to and exercisable by the
Borrower with respect to any Leases
and Rents, whether documented in
writing or otherwise available, includ
ing but not limited to the immediate
and continuing right to collect and re
ceive the Rents as and when same
become due;
G. TOGETHER WITH, all proceeds
paid or to be paid by any insurer of
the Land, the Personal Property or
any other part of the Property wheth
er or not Borrower obtained the insur
ance pursuant to Lender’s require
ment;
H. TOGETHER WITH, all awards,
payments and other compensation
made or to be made by any municip
al, state or federal authority with re
spect to the Land, the Improvements,
the Personal Property or any other
part of the Property, including any
awards or settlements resulting from
condemnation proceedings or the
total or partial taking of the Land, the
Improvements, the Personal Prop
erty or any other part of the Property
under the power of eminent domain
or otherwise and including any con
veyance in lieu thereof;
I. TOGETHER WITH, all contracts,
options and other agreements for the
sale of the Land, the Personal Prop
erty or any other part of the Property
entered into by Borrower now or in
the future, including cash or securit
ies deposited to secure performance
by parties of their obligations;
J. TOGETHER WITH, all proceeds
from the conversion, voluntary or in
voluntary, of any of the above into
cash or liquidated claims, and the
right to collect such proceeds;
K. TOGETHER WITH, all earnings,
royalties, accounts receivable, is
sues and profits from the Land, the
Improvements or any other part of
the Property, and all undisbursed pro
ceeds of the loan secured by the
Mortgage and, if Borrower is a co
operative housing corporation, main
tenance charges or assessments
payable by shareholders or residents;
L. TOGETHER WITH, all refunds or
rebates of impositions by any muni
cipal, state or federal authority or in
surance company (other than re
funds applicable to periods before the
Property tax year in which the
Secuirty is dated);
M. TOGETHER WITH, all tenant se
curity deposits which have not been
forfeited by any tenant under any
Lease; and
N. TOGETHER WITH, all names un
der or by which any of the above
Property may be operated or known,
and all trademarks, trade names, and
goodwill relating to any of the Prop
erty.
Said Property is known pursuant to
the legal description provided above.
The full indebtedness secured by
said Security Deed has been and is
hereby declared due and payable be
cause of default under the terms of
the Note (as defined in the Security
Deed) secured by said Security
Deed, including but not limited to,
nonpayment of the indebtedness as
and when due on the Loan. The in
debtedness remains in default, and
this sale will be made for the sole
purpose of paying the same, includ
ing all expenses of the sale,
attorney's fees, and all other pay
ments provided for under and pursu
ant to the terms of the Secuirty Deed.
The Property will be sold subject to
the following items, which would af
fect the legal title to the Property:
1. All taxes, assessments and out
standing bills for public utilities, in
cluding those which are a lien not yet
due and payable.
2. Laws and regulations of govern
mental authorities applicable to the
Property including, without limitation,
zoning ordinances.
3. Any other matters which might be
disclosed by an accurate survey and
inspection of the Property.
4. Rights of upper and lower riparian
owners in and to the waters of creeks
and branches, crossing or adjoining
the Property, and the natural flow
thereof, free from diminution or pollu
tion.
5. Rights of tenants in possession, as
tenants only, under unrecorded
leases.
6. Any prior reservation or convey
ance of minerals of every kind and
character including, but not limited to,
oil, gas, sand and gravel, in, on and
under the Property.
7. Any lien, or right to a lien, for ser
vices, labor or material heretofore or
hereafter furnished, imposed by law
and not shown by the public records.
8. Encroachments, encumbrance, vi
olation, variations in area or in meas
urements, boundary line disputes,
roadways, matters not of record, in
cluding lack of access, and adverse
circumstances affecting the Property
which would be disclosed by accur
ate survey and inspection of the
Property.
9. Easements or other uses of the
Property not visible from the surface,
or easements or claims of ease
ments not shown by the public re
cords.
10. Rights or claims of parties in pos
session not shown by public records.
11. DeKalb County and City of
Doraville ad valorem taxes for 2005
which are liens but are not yet due
payable.
12. General utility easement from
J.E.M. Enterprises to Georgia Power
Company dated June 7, 1982, filed
June 28, 1982, recorded in Deed
Book 4692, Page 200, DeKalb
County Records.
13. Department of Transportation
Construction and Maintenance
Agreement between Marvin Komis-
arow, Sam Ingram, Steve Cochran,
Erika Komisarow, Carolyn Stoner,
Prescott Bowden, Wes Elmer, and
John Knight, and Department of
Transportation, dated July 16, 1990,
filed July 31,1990, recorded in Deed
Book 6758, page 419, DeKalb
County Records.
14. Easements in favor of DeKalb
County as follows:
(A) Dated 5/9/41, recorded in Deed
Book 536, Page 484, aforesaid re
cords;
(B) Dated 4/24/68, recorded in Deed
Book 2303, Page 748, aforesaid re
cords.
15. General utility easement from
Home Owners Co. to Georgia Power
Company, dated 3/29/56, recorded in
Deed Book 1163, Page 73, aforesaid
records.
16. Sewer Easement from Home
Owners Co. to Carway Investment
Corporation, as recorded in Deed
Book 2469, Page 366, aforesaid re
cords.
17. Grant of Easement Without War
ranty in favor of Dunn Properties of
Georgia, Inc. dated 11/15/71, recor
ded in Deed Book 2732, Page 6,
aforesaid records; granting all right,
title and interest in Easement at Deed
Book 2469, Page 366, aforesaid re
cords.
18. Easements as shown on recor
ded map.
19. Statutory right of redemption on
the part of those entitled to redeem
as provided by the laws of the State
of Georgia.
20. Any other assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, rights-of-way
and matters of record superior to the
Security Deed first set out above.
To the best of the knowledge and be
lief of the undersigned, the party in
possession of the Property is Borrow
er, and/or its tenants.
WELLS FARGO BANK, NATIONAL
ASSOCIATION, A NATIONAL BANK
ING ASSOCIATION, SUCCESSOR
BY MERGER WITH WACHOVIA
BANK, NATIONAL ASSOCIATION, A
NATIONAL BANKING ASSOCI
ATION,
as current holder of said Mortgage
Brown & Associates, PLLC
232 19th Street, NW
Suite 7210
Atlanta, Georgia 30363
(404) 835-2729