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Page 68C The Champion Legal Section, Thursday, December 25, 2014 www.championnewspaper.com
corded at Deed Book 17716, Page
55, aforesaid records,
conveying the after described prop
erty to secure a Multifamily Note,
dated as of July 1,2005, in the origin
al principal amount of THIRTEEN
MILLION FIVE HUNDRED THOU
SAND AND N0/100 DOLLARS
($13,500,000.00) with interest there
on as set forth therein, there will be
sold at public outcry to the highest
bidder for cash before the Court
house door in DeKalb County, Geor
gia, within the legal hours of sale on
the first Tuesday in January, 2015, all
of the following described property
and interests and estates in property,
land, easements, rights, improve
ments, personal property, fixtures,
equipment and appurtenances (here
inafter collectively called the "Prop
erty" or the "Premises"):
Tract 1
Being all that tract or parcel of land
lying in Land Lot 103, Fifteenth Dis
trict, DeKalb County, Georgia and be
ing more particularly described as fol
lows:
COMMENCING at a one half inch re
inforcing rod found at the intersec
tion of the northerly margin of the
right of way of Interstate 285 (vari
able width right of way) with the west
erly line of Land Lot 103; thence leav
ing said northerly margin of the right
of way of Interstate 285 and running
along the westerly line of Land Lot
103, North 00 degrees 30 minutes 00
seconds West, a distance of 765.81
feet to a point on the southerly mar
gin and the termination point of the
right of way of Lumby Drive (60 foot
right of way) and the TRUE POINT
OF BEGINNING.
Thence from said TRUE POINT OF
BEGINNING as previously estab
lished and running across the east
erly end of the right of way of Lumby
Drive and continuing along the west
erly line of Land Lot 103, North 00
degrees 30 minutes 00 seconds
West, a distance of 284.67 feet to a
one half inch reinforcing rod found;
thence leaving said westerly line of
Land Lot 103 and running North 88
degrees 58 minutes 03 seconds
East, a distance of 1543.13 feet to a
point in the center of Shoal Creek;
thence running along the centerline
of Shoal Creek the following courses
and distances: South 23 degrees 52
minutes 30 seconds East, a distance
of 14.22 feet to a point; thence South
10 degrees 41 minutes 33 seconds
East, a distance of 54.35 feet to a
point; thence South 20 degrees 05
minutes 29 seconds East, a distance
of 54.78 feet to a point; thence South
07 degrees 13 minutes 44 seconds
East, a distance of 50.49 feet to a
point; thence South 16 degrees 47
minutes 55 seconds West, a dis
tance of 56.18 feet to a point; thence
South 23 degrees 00 minutes 43
seconds West, a distance of 70.83
feet to a point; thence South 16 de
grees 38 minutes 33 seconds West,
a distance of 69.12 feet to a point;
thence South 05 degrees 26 minutes
32 seconds East, a distance of 54.60
feet to a point; thence South 03 de
grees 10 minutes 55 seconds West,
a distance of 57.31 feet to a point;
thence South 26 degrees 49 minutes
00 seconds West, a distance of 43.47
feet to a point; thence South 28 de
grees 07 minutes 46 seconds West,
a distance of 58.68 feet to a point;
thence South 11 degrees 35 minutes
16 seconds West, a distance of 65.96
feet to a point; thence South 06 de
grees 32 minutes 42 seconds East, a
distance of 18.58 feet to a point;
thence leaving the centerline of Shoal
Creek and running South 81 degrees
24 minutes 42 seconds West, a dis
tance of 92.08 feet to a point; thence
North 70 degrees 15 minutes 07
seconds West, a distance of 386.12
feet to a point; thence South 89 de
grees 41 minutes 32 seconds West,
a distance of 540.21 feet to a point;
thence North 01 degree 21 minutes
07 seconds West, a distance of 82.54
feet to a point; thence South 89 de
grees 58 minutes 49 seconds West,
a distance of 199.51 feet to a point;
thence North 11 degrees 04 minutes
59 seconds West, a distance of 31.39
feet to a point; thence North 65 de
grees 24 minutes 30 seconds West,
a distance of 100.15 feet to a point;
thence South 89 degrees 10 minutes
03 seconds West, a distance of 87.37
feet to a point; thence North 00 de
grees 49 minutes 57 seconds West a
distance of 19.67 feet to a point;
thence running along a curve to the
right an arc distance of 86.95 feet
(said arc being subtended by a chord
with a bearing of North 65 degrees
44 minutes 46 seconds West, a
chord distance of 76.40 feet and hav
ing a radius distance of 50.00 feet) to
a point; thence running along a curve
to the left an arc distance of 13.04
feet (said arc being subtended by a
chord with a bearing of North 53 de
grees 17 minutes 06 seconds West,
a chord distance of 12.14 feet and
having a radius distance of 10.00
feet) to a point; thence North 86 de
grees 41 minutes 31 seconds West,
a distance of 1.02 feet to a point and
the TRUE POINT OF BEGINNING.
Shown as containing 17.548 acres on
that certain tract of survey entitled
“ALTA/ACSM Land Title Survey for
Candler Vista Apartments, LP; Fan
nie Mae; Regions Bank; BCCC, Inc.;
ARCS Commercial Mortgage Co.,
L.P.; Wachovia Bank National Asso
ciation; BCP/Candler Vista, LLC; Title
Insurance Company”, prepared by
Carlton Rakestraw & Associates, be
ing the seal and certification of W.
Carlton Rakestraw, Jr., Georgia Re
gistered Land Surveyor 2238, dated
November 5, 2003, last revised July
21,2005.
The above-described tract(s) or par
cels) are hereinafter referred to as
the "Land."
B. TOGETHER WITH, the Fixtures
(as that term is defined in the Secur
ity Deed);
C. TOGETHER WITH, the Improve
ments (as that term is defined in the
Security Deed);
D. TOGETHER WITH, the Person
alty (as that term is defined in the Se
curity Deed);
E. TOGETHER WITH, all current and
future rights, including air rights, de
velopment rights, zoning rights and
other similar rights or interests, ease
ments, tenements, rights-of-way,
strips and gores of land, streets, al
leys, roads, sewer rights, waters, wa
tercourses, and appurtenances re
lated to or benefitting the Land or the
Improvements, or both, and all rights-
of-way, streets, alleys and roads
which may have been or may in the
future be vacated;
F. TOGETHER WITH, all proceeds
paid or to be paid by any insurer of
the Land, the Improvements, the Fix
tures, the Personalty or any other
part of the Mortgaged Property (as
that term is defined in the Security
Deed) whether or not Borrower ob
tained the insurance pursuant to
Lender’s requirement;
G. 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 Fixtures, the Personalty or any
other part of the Mortgaged Property,
including any awards or settlements
resulting from condemnation pro
ceedings or the total or partial taking
of the Land, the Improvements, the
Fixtures, the Personalty or any other
part of the Mortgaged Property un
der the power of eminent domain or
otherwise and including any convey
ance in lieu thereof;
H. TOGETHER WITH, all contracts,
options and other agreements for the
sale of the Land, the Improvements,
the Fixtures, the Personalty or any
other part of the Mortgaged Property
entered into by Borrower now or in
the future, including cash or securit
ies deposited to secure performance
by parties of their obligations;
I. 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;
J. TOGETHER WITH, all Rents and
Leases (as those terms are defined
in the Security Deed);
K. TOGETHER WITH, all earnings,
royalties, accounts receivable, is
sues and profits from the Land, the
Improvements or any other part of
the Mortgaged Property, and all un
disbursed proceeds of the loan se
cured by the Security Deed and, if
Borrower is a cooperative housing
corporation, maintenance charges or
assessments payable by sharehold
ers or residents;
L. TOGETHER WITH, all Imposition
Deposits (as that term is defined in
the Security Deed);
M. 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
real property tax year in which the
Security Deed is dated);
N. TOGETHER WITH, all tenant se
curity deposits which have not been
forfeited by any tenant under any
Lease; and
O. TOGETHER WITH, all names un
der or by which any of the above
Mortgaged Property may be oper
ated or known, and all trademarks,
trade names, and goodwill relating to
any of the Mortgaged Property.
Default has occurred and continues
under the terms of the Note and Se
curity Deed by reason of, among oth
er possible events of default, the fail
ure to comply with the terms and con
ditions of the Note and Security
Deed. By reason of this default, the
Security Deed has been declared
foreclosable according to its terms.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, as provided in the Security
Deed and by law, including attorneys’
fees (notice of intent to collect attor
ney’s fees having been given).
The Property will be sold subject to
the following:
1. All taxes and assessments out
standing, including those which are a
lien not yet due and payable.
2. Rights of tenants in possession, as
tenants only, under unrecorded
leases.
3. Laws and regulations of govern
mental authorities applicable to the
Property including, without limitation,
zoning.
4. The exact location of building lines,
unrecorded easements, possible en
croachments and other facts or con
ditions which would be disclosed by
an accurate survey and inspection of
the Property; and rights, if any, of
persons who may be in possession
under claims not appearing of record.
5. Any other matters which might be
disclosed by an accurate survey and
inspection of the Property.
6. 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.
7. Any other assessments, liens, en
cumbrances, zoning ordinances, re
strictions, 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 Candler Vista
Apartments, L.P. or tenants holding
under Candler Vista Apartments,
L.P.. Said property is more com
monly known as Creekside Vista
Apartments, 3100 Lumby Drive,
Decatur, Georgia 30034.
Fannie Mae, a corporation organized
and existing
under the laws of the United States of
America
as attorney-in-fact for
++Candler Vista Apartments, L.P.++
a Georgia limited partnership
Joshua M. Katz, Esquire
Aldridge Connors, LLP
Fifteen Piedmont Center
3575 Piedmont Road, N.E., Suite 500
Atlanta, Georgia 30305
(404) 994-7400
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
430-363913 12/11,12/18,12/25,1/1jh
NOTICE OF SALE UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the Power of
Sale contained in the Deed to Se
cure Debt and Security Agreement
from Esmeralda Orozco to CC Buck
eye Property LLC, dated February
19, 2009, and recorded in Deed Book
21301, Page 212, in the offices of the
Clerk of the Superior Court of DeKalb
County, Georgia (as same may have
been modified from time to time, col
lectively the “Security Deed”), the un
dersigned will sell at public outcry to
the highest and best bidder for cash
before the door of the Courthouse of
DeKalb County, Georgia, during the
legal hours of sale, on the first Tues
day in January, 2015, the following
described real property, to wit:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 284 OF THE 18TH DISTRICT
OF DEKALB COUNTY, GEORGIA,
AND BEING MORE PARTICULAR
LY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN SET
ON THE NORTHEASTERLY RIGHT-
OF-WAY LINE OF BUCKEYE ROAD
(A 60-FOOT RIGHT-OF-WAY),
WHICH IRON PIN IS LOCATED
235.56 FEET NORTHWESTERLY,
AS MEASURED ALONG THE
NORTHEASTERLY RIGHT-OF-WAY
LINE OF BUCKEYE ROAD, FROM
THE CORNER FORMED BY THE IN
TERSECTION OF THE NORTH
EASTERLY RIGHT-OF-WAY LINE
OF BUCKEYE ROAD WITH THE
NORTHERLY RIGHT-OF-WAY LINE
OF CHAMBLEE-TUCKER ROAD (A
90 FOOT RIGHT-OF-WAY); RUN
NING THENCE NORTH 02° 59’ 25”
WEST ALONG THE NORTHEAST
ERLY RIGHT-OF-WAY LINE OF
BUCKEYE ROAD, A DISTANCE OF
42.44 FEET TO AN IRON PIN SET;
RUNNING THENCE NORTH 02° 47’
58” WEST ALONG THE NORTH
EASTERLY RIGHT-OF-WAY LINE
OF BUCKEYE ROAD, A DISTANCE
OF 158.62 FEET TO AN IRON PIN
SET; THENCE LEAVING THE
NORTHEASTERLY RIGHT-OF-WAY
LINE OF BUCKEYE ROAD AND
RUNNING NORTH 89° 30’ 42”
EAST, A DISTANCE OF 95.19 FEET
TO AN IRON PIN FOUND; RUN
NING THENCE SOUTH 12° 02' 19”
EAST, A DISTANCE OF 88.49 FEET
TO AN IRON PIN FOUND; RUN
NING THENCE SOUTH 42° 10’ 15”
EAST, A DISTANCE OF 110.00
FEET TO AN IRON PIN FOUND;
RUNNING THENCE SOUTH 49° 03’
27” WEST, A DISTANCE OF 39.43
FEET TO AN IRON PIN SET; RUN
NING THENCE SOUTH 87° 00’ 35”
WEST, A DISTANCE OF 147.95
FEET TO THE IRON PIN SET ON
THE NORTHEASTERLY RIGHT-OF-
WAY LINE OF BUCKEYE ROAD,
WHICH IRON PIN MARKS THE
POINT OF BEGINNING; AND BE
ING A TRACT OF LAND CONTAIN
ING, IN THE AGGREGATE, 0.5829
ACRES DESIGNATED AS “PARCEL
1” (CONTAINING 0.5368 ACRES)
AND “PARCEL 2” (CONTAINING
0.0461 ACRES).
TOGETHER WITH: THOSE CER
TAIN EASEMENTS AS CON
TAINED IN THAT CERTAIN DE
CLARATION OF COVENANTS,
EASEMENTS AND RESTRICTIONS
FOR NORTH HILLS SHOPPING
CENTER DATED OCTOBER 8,1979
AND RECORDED ON OCTOBER
18, 1979 AS RECORDED IN DEED
BOOK 4152, PAGE 409, AS
AMENDED BY THAT CERTAIN
FIRST AMENDMENT TO DECLARA
TION OF COVENANTS, EASE
MENTS AND RESTRICTIONS FOR
NORTH HILLS SHOPPING CEN
TER DATED OCTOBER 21, 1981
AND RECORDED ON OCTOBER
22, 1981 IN DEED BOOK 4552,
PAGE 498, AFORESAID RECORDS.
LESS AND EXCEPT: THAT CER
TAIN PROPERTY DESCRIBED IN
THAT CERTAIN QUITCLAIM DEED
DATED JANUARY 6, 1985
BETWEEN WAFFLE HOUSE, INC.
AND FIRST GEORGIA BANK AS
RECORDED IN DEED BOOK 5147,
PAGE 482, AFORESAID RECORDS.
FURTHER LESS AND EXCEPT:
THAT CERTAIN PROPERTY DE
SCRIBED IN THAT CERTAIN
QUITCLAIM DEED DATED NOVEM
BER 23, 1998 BETWEEN WAFFLE
HOUSE, INC. AND DEPARTMENT
OF TRANSPORTATION AS RECOR
DED IN DEED BOOK 10400, PAGE
257, AFORESAID RECORDS.
FURTHER LESS AND EXCEPT:
THAT CERTAIN PROPERTY DE
SCRIBED IN THAT CERTAIN DE
PARTMENT OF TRANSPORTA
TION RIGHT OF WAY DEED DATED
NOVEMBER 23, 1998 BETWEEN
WAFFLE HOUSE, INC. AND DE
PARTMENT OF TRANSPORTA
TION AS RECORDED IN DEED
BOOK 10400, PAGE 261, AFORE
SAID RECORDS.
FURTHER LESS AND EXCEPT:
THAT CERTAIN PROPERTY DE
SCRIBED IN THAT CERTAIN WAR
RANTY DEED DATED OCTOBER
19, 1989 BETWEEN WAFFLE
HOUSE, INC. AND MELVIN A. DAV
IS IN DEED BOOK 6618, PAGE 798,
AFORESAID RECORDS.
Property is more commonly known as
3281 Buckeye Road, Atlanta, GA
30341.
In addition, under and by virtue of the
power of sale contained in the Secur
ity Deed, the undersigned will also
sell at public outcry to the highest
bidder for cash before the door of the
Courthouse of DeKalb County, Geor
gia, immediately following the sale of
the above-described real property,
the following described personal
property owned by Esmeralda
Orozco, or her successors-in-title and
secured by the Security Deed, to wit:
All personal property described in
and subject to the Security Deed,
which is hereby incorporated by this
reference.
Less and except any fixtures subject
to the security interest on the above-
described real property.
The debt secured by the Security
Deed is evidenced by a Promissory
Note, dated February 19, 2009, from
Esmeralda Orozco to CC Buckeye
Property LLC in the original principal
amount of $280,000.00 (as same
may have been modified, renewed or
amended, collectively the “Note”);
plus interest from date on the unpaid
balance until paid, and other in
debtedness.
Default has occurred and continues
under the terms of the Note and Se
curity Deed by reason of, among oth
er possible events of default, the non
payment when due of the indebted
ness evidenced by the Note and se
cured by the Security Deed and the
failure to comply with the terms and
conditions of the Note and Security
Deed. By reason of this default, the
Security Deed has been declared
foreclosable according to its terms.
The above-described real property
will be sold to the highest and best
bidder for cash as the property of Es
meralda Orozco, the proceeds to be
applied to the payment of said in
debtedness, attorneys' fees, and the
lawful expenses of said sale, all as
provided in the Note and Security
Deed. The sale shall be subject to
the following: all outstanding ad
valorem taxes and/or assessments, if
any; possible redemptive rights of the
Internal Revenue Service, if any; and
all prior assessments, easements, re
strictions or matters of record.
To the best of the undersigned's
knowledge and belief, the real prop
erty is presently owned by Esmer
alda Orozco.
To the best of the undersigned's
knowledge and belief, the party in
possession of the real property is Es
meralda Orozco, and tenants holding
under her.
All personal property will be sold in
one lot to the highest and best bid
der for cash as the property of Es
meralda Orozco, or her successors-
in-title, on an "as is, where is" basis
and without representation, warranty
or recourse, express or implied, of
the undersigned, and subject to all
matters of record affecting said per
sonal property, the proceeds to be
applied to the payment of said in
debtedness, attorneys' fees and the
lawful expenses of said sale, all as
provided in the Security Deed.
CC Buckeye Property LLC,
as Attorney-in-Fact for
++Esmeralda Orozco.++
M. Todd Westfall, Esquire
Howick, Westfall,
McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
430-363915
12/11,12/18,12/25,1/1WG
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
By virtue of the power of sale con
tained in that certain Deed to Secure
Debt and Security Agreement from
EASTWYCK VILLAGE TOWNE
HOUSES, INC., a Georgia non-profit
corporation (“Grantor”) to NCB, FSB,
a federal savings bank (“Original
Grantee”) dated September 30, 2004,
and recorded October 1, 2004, in
Deed Book 16652, Page 642, DeKalb
County, Georgia Superior Court Re
cords (said Security Deed as may
have been modified, amended and
assigned from time to time, herein
after referred to collectively as the
“Security Deed”), as assigned by that
certain Assignment of Deed to Se
cure Debt and Security Agreement
from Original Grantee to LaSalle
Bank National Association, as Trust
ee for Morgan Stanley Capital I Inc.,
Commercial Mortgage Pass-Through
Certificates, Series 2005-IQ9 recor
ded October 31, 2005, in Deed Book
18064, Page 295, aforesaid records;
as further assigned by that certain
Assignment of Deed to Secure Debt
and Security Agreement and Assign
ment of Assignment of Leases and
Rents from Bank of America, N.A., as
Trustee, Successor by Merger to
LaSalle Bank National Association,
as Trustee, for Morgan Stanley Capit
al I Inc., Commercial Mortgage Pass-
Through Certificates, Series 2005-
IQ9, to U.S. Bank National Associ
ation, as Trustee, Successor-in-ln-
terest to Bank of America, N.A., as
Trustee, Successor by Merger to
LaSalle Bank National Association,
as Trustee, for Morgan Stanley Capit
al I Inc., Commercial Mortgage Pass-
Through Certificates, Series 2005-
IQ9 recorded October 10, 2012, in
Deed Book 23314, Page 356, afore
said records; and as further as
signed by that certain Assignment of
Deed to Secure Debt and Security
Agreement and Assignment of As
signment of Leases and Rents and
Other Loan Documents from U.S.
Bank National Association, as Trust
ee, Successor-in-interest to Bank of
America, N.A., as Trustee, Suc
cessor by Merger to LaSalle Bank
National Association, as Trustee, for
Morgan Stanley Capital I Inc., Com
mercial Mortgage Pass-Through Cer
tificates, Series 2005-IQ9 to East-
wyck Village LLC, a Georgia limited
liability company (“Grantee”), recor
ded November 21, 2014, in Deed
Book 24670, Page 115, aforesaid re
cords, said Security Deed being giv
en to secure the payment of a
Promissory Note dated September
30, 2004, made by Grantor to the or
der of Original Grantee in the original
principal amount of SEVEN MILLION
SIX HUNDRED TWENTY-FIVE
THOUSAND AND 00/100 DOLLARS
($7,625,000.00), with interest from
the date thereof at the rate specified
therein, as last assigned to Grantee
(said Promissory Note, as renewed,
modified and assigned from time to
time, hereinafter referred to collect
ively as the “Note”), together with all
other amounts payable by Grantor to
Grantee, there will be sold by the un
dersigned 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 of January
2015, the following described prop
erty (the “Security Property”):
(i) the premises described in Sched
ule A attached hereto including all of
the easements, rights, privileges and
appurtenances thereunto belonging
or in any way appertaining, and all of
the estate, right, title, interest, claim
or demand whatsoever of Grantor
therein and in and to the strips and
gores, streets, ways, alleys, pas
sages, sewer rights, waters, water
courses, water rights and powers ad
jacent thereto, either at law or in
equity, in possession or expectancy
(the “Premises”);
(ii) all improvements, structures or
buildings, and replacements and al
terations thereof, located upon the
Premises including all plant, equip
ment, apparatus, machinery and fix
tures of every kind and nature what
soever forming part of said improve
ments, structures or buildings (the
“Improvements”);
(iii) all supplies, furniture, fixtures, fit
tings, appliances, apparatus, equip
ment, machinery, building materials,
inventory and articles of personal
property and replacements thereof,
other than those owned or rented by
service vendors or by lessees (includ
ing tenant-shareholders under occu
pancy agreements) which may be re
moved by such lessee at the expira
tion of such lease, affixed to, at
tached to, placed upon, or used in
any way in connection with the com
plete and comfortable use, enjoy
ment, occupancy or operation of the
Premises or the Improvements, to
gether with any proceeds realized
from the sale, transfer or conversion
of any of the above (the “Chattels”);
(iv) all proceeds of the conversion,
voluntary or involuntary, of any of the
foregoing into cash or liquidated
claims, including, without limitation,
proceeds of insurance and condem
nation awards and any unearned
premiums accrued, accruing or to ac
crue under any and all insurance
policies obtained by the Grantor and
real estate tax and assessment re
funds and credits at any time accru
ing to the benefit of the Grantor or the
Security Property, even if relating to
taxes and assessments payable for a
period or periods prior to the date of
the Security Deed;
(v) all leases of the Premises or any
part thereof (including, but not lim
ited to, occupancy agreements
between Grantor and its tenant-
shareholders and any leases for
commercial space in the Improve
ments) entered into and all right, title
and interest of the Grantor thereun
der; and including, without limitation,
the Grantor’s right, if any, to cash or
securities deposited thereunder
whether or not same was deposited
to secure performance by the less
ees of their obligations thereunder,
including, further, the right upon the
happening of an Event of Default (as
defined in the Security Deed), to re
ceive and collect the rents and other
charges (including all impositions, as
sessments, occupancy charges, car
rying charges, and other fees and
charges payable by a tenant-share-
holder of Grantor under a occupancy
agreement) thereunder;
(vi) any monies deposited by Grantor
into one or more bank accounts, and
any investments made by Grantor for
the reserve fund or otherwise for the
benefit of Grantor;
(vii) all utility or municipal deposits
made by or on behalf of Grantor or
made in connection with the
Premises;
(viii) all plans, drawings, specifica
tions, site plans, sketches, samples,
contracts and agreements, however
characterized from time to time pre
pared for use in connection with the
construction, repair, renovation or
maintenance of the Improvements;
(ix) all contracts, agreements and un-
derstandings now or hereafter
entered into, relating to or involving
the performance of any work, render
ing of any services, and supply of any
materials or the conduct of opera
tions in and the management of the
Premises including, without limitation,
construction contracts, architect
agreements, management agree
ments, options and other agree
ments, however characterized, affect
ing the Premises and/or the Improve
ments;
(x) any and all permits, certificates,
approvals and authorizations,
however characterized, issued or in
any way furnished whether neces
sary or not, for the operation and use
of the Premises and/or the Improve
ments and/or Chattels, including,
without limitation, building permits,
environmental certificates, certific
ates of operation, warranties and
guarantees; and
(xi) all extensions, improvements,
betterments, renewals, substitutes
and replacements of, and all addi
tions and appurtenances to, any of
the foregoing acquired by, or re
leased to, Grantor or constructed, as
sembled or placed by Grantor on the
Premises and all conversions of the
security constituted thereby, immedi
ately upon such acquisition, release,
construction, assemblage, place
ment or conversion, as the case may
be.
The indebtedness secured by the Se
curity Deed has been and is hereby
declared due because of default un
der the terms of said Note and Secur
ity Deed including, but not limited, to
the failure to make payments there
under when due. The indebtedness
remaining in default, the sale will be
made for the purpose of applying the
proceeds thereof to the payment of
the indebtedness secured by the Se
curity Deed, accrued interest and ex
penses of the sale and all other pay
ments provided for under the Secur
ity Deed, including attorneys’ fees as
provided in the Note and Security
Deed, notice of intention to collect at
torneys’ fees having been given as
provided by law, and the remainder, if
any, shall be applied as provided by
law.
Grantee reserves the right to sell the
Security Property in one parcel and
as an entirety, or in such parcels as
Grantee may elect, as permitted in
the Security Deed.
To the best of Grantee’s knowledge
and belief, the parties in possession
of the Security Property are (1)
Saleem, LLC (“Saleem”) by virtue of
that certain Deed and Protective Cov
enants from Grantor to Saleem, LLC
recorded November 3, 2014, in Deed
Book 24643, Page 262, aforesaid re
cords, (2) Grantor, and/or (3) tenants
or members of Grantor or Saleem, in
cluding tenants under occupancy
agreements, or other persons in pos
session with the consent or acquies
cence of Grantor or Saleem.
Said Security Property will be sold as
the property of Grantor subject to all
unpaid real estate ad valorem taxes,
water and sewer charges, govern
mental assessments and related li
ens and all prior restrictions, reserva
tions, covenants, rights of way, ease
ments, encumbrances and other mat
ters of record, if any, appearing of re
cord prior to the date of the Security
Deed and those appearing after the
date of the Security Deed and con
sented to of record by Grantee.
EASTWYCK VILLAGE LLC, ATTOR
NEY IN FACT FOR EASTWYCK VIL
LAGE TOWNE HOUSES, INC.
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: Marc D. Glenn, Esq.
(678) 336-7175
SCHEDULE A
All that tract or parcel of land lying or
being in Land Lots 136 and 137 of
the 15th District of DeKalb County,
Georgia, and being more particularly
described as follows:
BEGINNING AT A POINT formed by
the common line of Land Lots 120
and 137 and the northeasterly right-
of-way line of Candler Road (variable
R/W, 50 feet to original centerline at
this point); from the POINT OF BE
GINNING thus established, depart
said land lot line and proceed north-
nie Mae, dated July 1, 2005 and re