Newspaper Page Text
Page 56C
The Champion Legal Section, Thursday, February 19, 2015 www.championnewspaper.com
on behalf of and, as necessary, in
consultation with U.S. BANK TRUST
NATIONAL ASSOCIATION, NOT IN
ITS INDIVIDUAL CAPACITY BUT
SOLELY AS DELAWARE TRUSTEE
AND U.S. BANK NATIONAL ASSO
CIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS CO
TRUSTEE FOR GOVERNMENT
LOAN SECURITIZATION TRUST
2011 FV1 (the current investor on the
loan), is the entity with the full author
ity to negotiate, amend, and modify
all terms of the loan. Pursuant to
O.C.G.A. § 44 14 162.2, WELLS
FARGO BANK, N.A. may be contac
ted at: WELLS FARGO BANK, N.A.,
3476 STATEVIEW BLVD., FORT
MILL, SC 29715, 803 396 6000.
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 5229 WALNUT COURT,
LITHONIA, GEORGIA 30038 is/are:
TREBBLE JETER 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 payable), (b) any
matters which might be disclosed by
an accurate survey and inspection of
the property, and (c) all matters of re
cord superior to the Deed to Secure
Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances,
easements, restrictions, covenants,
etc. The sale will be conducted sub
ject to (1) confirmation that the sale is
not prohibited under the U.S. Bank
ruptcy Code; and (2) final confirma
tion 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments 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 NA
TIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT
SOLELY AS DELAWARE TRUSTEE
AND U.S. BANK NATIONAL ASSO
CIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS CO
TRUSTEE FOR GOVERNMENT
LOAN SECURITIZATION TRUST
2011 FV1 as Attorney in Fact for
TREBBLE JETER. 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. ++20130010100215
JETER++ BARRETT DAFFIN FRAP-
PIER LEVINE & BLOCK, LLP 15000
Surveyor Boulevard Addison, Texas
75001 Telephone: (972) 341 5398.
420-368402 2/5,2/12,2/19,2/26WG
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 ELSIE MAE
STALLING to URBAN FINANCIAL
GROUP , dated , and Recorded on
12/10/2009 as Book No. 21771 and
Page No. 625, DEKALB County,
Georgia records, as last assigned to
REVERSE MORTGAGE SOLU
TIONS, INC. (the Secured Creditor),
by assignment, conveying the after
described property to secure a Note
of even date in the original principal
amount of $231,000.00, 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 March, 2015, the fol
lowing described property: ALL THAT
TRACT AND PARCEL OF LAND LY
ING AND BEING IN LAND LOT 148
OF THE 15TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING PART OF LOT 17, B. A. HASTY
SUBDIVISION, AS PER PLAT RE
CORDED IN PLAT BOOK 14, PAGE
9, DEKALB COUNTY RECORDS,
AND BEING MORE PARTICU
LARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN ON
THE NORTHEASTERLY SIDE OF
FAY STREET, 413 FEET SOUTH
EASTERLY, AS MEASURED
ALONG THE NORTHEASTERLY
SIDE OF FAY STREET, FROM THE
INTERSECTION OF FAY
ETTEVILLE ROAD AND FAY
STREET; RUNNING THENCE
SOUTHEASTERLY ALONG THE
NORTHEASTERLY SIDE OF FAY
STREET 100 FEET TO AN IRON
PIN; RUNNING THENCE NORTH-
EASTERLY
SO AS TO FORM AN INTERIOR
ANGLE OF 102 DEGREES 28
MINUTES WITH THE FIRST RUN
COURSE, 253 FEET TO AN IRON
PIN; RUNNING THENCE IN A
NORTHWESTERLY DIRECTION
100 FEET TO AN IRON PIN; RUN
NING THENCE SOUTHWESTERLY
301 FEET TO AN IRON PIN ON THE
NORTHEASTERLY SIDE OF FAY
STREET AND THE POINT OF BE
GINNING, AND BEING IMPROVED
PROPERTY WITH A HOUSE
THEREON
KNOWN AS NO. 1788 FAY STREET,
S.E., ACCORDING TO THE
PRESENT SYSTEM OF NUMBER
ING IN DEKALB COUNTY.
TOGETHER WITH ALL AND SINGU
LAR THE RIGHTS, MEMBERS AND
APPURTENANCES THEREOF, TO
THE SAME BEING, BELONGING
OR IN ANY WISE APPERTAINING
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). REVERSE MORT
GAGE SOLUTIONS, INC. holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. REVERSE MORT
GAGE SOLUTIONS, INC, acting on
behalf of and, as necessary, in con
sultation with REVERSE MORT
GAGE SOLUTIONS, INC. (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, REVERSE MORTGAGE
SOLUTIONS, INC may be contacted
at: REVERSE MORTGAGE SOLU
TIONS, INC, 2727 SPRING CREEK
DR, SPRING, TX 77373, 281 404
7800. 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 1788 FAY STREET SE,
ATLANTA, GEORGIA 30316 is/are:
ELSIE MAE STALLING 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.
REVERSE MORTGAGE SOLU
TIONS, INC. as Attorney in Fact for
ELSIE MAE STALLING. THIS LAW
FIRM IS ACTING AS A DEBT COL
LECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
++00000004977567 STALLING++
BARRETT DAFFIN FRAPPIER LEV
INE & BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
Foreclosures: Commercial
430-366187 2/5,2/12,2/19,2/26WG
NOTICE OF SALE UNDER POWER
IN SECURITY DEED
UNDER AND BY VIRTUE of the
power of sale contained in that cer
tain Deed to Secure Debt, Assign
ment of Leases and Rents and Se
curity Agreement, dated April 13,
2006 from Platinum Lodging-North-
lake, LLC, a Georgia limited liabil
ity company (“Borrower”), to Mor
gan Stanley Mortgage Capital Inc.
(“Original Lender”), and recorded in
Deed Book 18612, at pages 449, et
seq., DeKalb County, Georgia Re
cords (the “Security Deed”), as as
signed by Original Lender to HSBC
Bank USA, National Association, as
Trustee for Morgan Stanley Capital I
Inc., Commercial Mortgage Pass-
Through Certificates, Series 2006-
HQ9 (“First Intermediate Lender”),
pursuant to that certain Assignment
of Deed to Secure Debt, Assignment
of Leases and Rents and Security
Agreement, dated August 17, 2006,
and recorded in Deed Book 19202, at
pages 254, et seq., DeKalb County,
Georgia Records, as assigned by
First Intermediate Lender to MSCI
2006-HQ9 - 2060 Crescent Centre
BLVD LLC, a Delaware limited liabil
ity company (“Lender”), pursuant to
that certain Assignment of Deed to
Secure Debt, Assignment of Leases
and Rents and Security Agreement,
Assignment of Assignment of Leases
and Rents and UCC Financing State
ment dated January 22, 2014, and
recorded in Deed Book 24230, Page
233, et seq., DeKalb County, Geor
gia Records, and pursuant to the ap
plicable provisions of the Uniform
Commercial Code, as enacted in
Georgia, including, without limitation,
O.C.G.A § 11-9-604, the under
signed will sell at public outcry, to the
highest bidder for cash, before the
courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in March,
2015, the following described prop
erty being located in DeKalb County,
Georgia (the “Secured Property”):
ALL THAT TRACT OR PARCEL OF
LAND lying and being Land Lot 189
of the 18th District, DeKalb
County, Georgia, being more partic
ularly described as follows:
TO FIND THE TRUE POINT OF BE
GINNING, commence at the point of
the Intersection of the southern
mitered right-of-way line of LaVista
Road (having an apparent 180-foot
right-of- way) with the western right-
of-way line of Northlake Parkway
(formerly known as Coolidge Road ?
having an 80-foot right-of-way), said
point being located a distance of
60.76 feet south of a point located at
the intersection of the extended
southern right-of-way line of LaVista
Road (if said southern right-of-way
line were extended and not mitered)
and the western right-of-way line of
Northlake Parkway, running thence in
a southerly direction along the west
ern right-of-way line of Northlake
Parkway; a distance of 937.34 feet to
a point; leaving said right-of-way line
running thence South 89 degrees 10
minutes 17 seconds West, along
property now or formerly owned by
Jolly Fisherman Associates, a dis
tance of 445.60 feet to a point;
thence running South 00 degrees 18
minutes 28 seconds East, along the
western boundary line of property
now or formerly owned by Jolly Fish
erman Associates, a distance of
22.10 feet to a 1 /4 inch rebar set at the
TRUE POINT OF BEGINNING; from
said TRUE POINT OF BEGINNING
as thus established, running South
09 degrees 42 minutes 42 seconds
East along the western boundary line
of property now or formerly owned by
Jolly Fisherman Associates a dis
tance of 159.94 feet to a !4 inch re
bar set on the terminus of the north
eastern right-of-way line of West Ex
change Lane (having a 60-foot right-
of-way); continuing thence South 09
degrees 38 minutes 13 seconds East
along the terminus of the right-of-way
line of West Exchange Lane a dis
tance of 65.04 feet to #5 rebar found;
running thence South 89 degrees 10
minutes 04 seconds West along the
northern right-of-way line of Crescent
Centre Boulevard (having a 70-foot
right-of-way) a distance of 174.96
feet to a point; continuing thence in a
southwesterly direction along with the
arc of a curve to the left and along
the northwestern right-of-way line of
Crescent Centre Boulevard, a dis
tance of 50.81 feet to a point (said
arc being subtended by a chord lying
to the southeast thereof bearing
South 81 degrees 48 minutes 28
seconds West having a length of
50.67 feet); leaving the right-of-way
of Crescent Centre Boulevard, run
ning thence South 89 degrees 10
minutes 07 seconds West a distance
of 86.64 feet to a 1 /2 inch rebar set on
the eastern right-of-way line of Inter
state Highway No. 285 (having a vari
able right-of-way); running thence
North 11 degrees 55 minutes 43
seconds East along the southeast
ern right-of-way line of Interstate
Highway No. 285 a distance of
103.94 feet to a concrete right-of-way
monument found; continuing thence
North 14 degrees 49 minutes 08
seconds East along the southeast
ern right-of- way line of Interstate
Highway No. 285 a distance of
140.94 feet to a 14 inch rebar set;
leaving the right-of-way line of Inter
state Highway No. 285, running
thence South 88 degrees 37 minutes
58 seconds East, along property now
or formerly owned by Target Corpora
tion, a distance of 216.39 feet to a 14
inch rebar set, said % inch rebar set
being the TRUE POINT OF BEGIN
NING.
THE ABOVE DESCRIBED PROP
ERTY is shown as containing 1.393
acres of land on and is described ac
cording to plat of survey prepared for
Platinum Lodging-Northlake, LLC,
Morgan Stanley Mortgage Capital
Inc. and its successors and assigns
and Chicago Title Insurance Com
pany prepared by David Barton,
Georgia Registered Land Surveyor
No. 2533, of Barton Surveying, Inc.,
dated March 20, 2006, bearing a cer
tification date of March 20, 2006,
which plat of survey is incorporated
herein and made a part of this de
scription by this reference thereto.
The Secured Property includes any
reversion or remainder interest in the
above-described real property and all
heretofore or hereafter vacated al
leys and streets abutting the real
property, and all easements, rights,
appurtenances, tenements, heredita
ments, rents, royalties, mineral, oil
and gas rights and profits, water, wa
ter rights, and water stock appurten
ant to the Secured Property;
The Secured Property also includes
all of Borrower's estate, right, title and
interest, now owned or hereafter ac
quired, in:
(a) All additional lands, estates and
development rights hereafter ac
quired by Borrower for use in connec
tion with the Secured Property and
the development of the Secured
Property and all additional lands and
estates therein which may, from time
to time, by supplemental mortgage or
otherwise be expressly made subject
to the lien of the Security Deed;
(b) The buildings, structures, fixtures,
additions, enlargements, extensions,
modifications, repairs, replacements
and improvements now or hereafter
erected or located on the Secured
Property (the "Improvements");
(c) All easements, rights-of-way or
use, rights, strips and gores of land,
streets, ways, alleys, passages, sew
er rights, water, water courses, water
rights and powers, air rights and de
velopment rights, and all estates,
rights, titles, interests, privileges,
liberties, servitudes, tenements,
hereditaments and appurtenances of
any nature whatsoever, in any way
now or hereafter belonging, relating
or pertaining to the Secured Property
and the Improvements and the rever
sion and reversions, remainder and
remainders, and all land lying in the
bed of any street, road or avenue,
opened or proposed, in front of or ad
joining the Secured Property, to the
center line thereof and all the estates,
rights, titles, interests, dower and
rights of dower, curtesy and rights of
curtesy, property, possession, claim
and demand whatsoever, both at law
and in equity, of Borrower of, in and
to the Secured Property and the Im
provements and every part and par
cel thereof, with the appurtenances
thereto;
(d) All machinery, equipment, fix
tures (including, but not limited to, all
heating, air conditioning, plumbing,
lighting, communications, elevator fix
tures, beds, bureaus, chiffoniers,
chests, chairs, desks, lamps, mirrors,
bookcases, tables, rugs, carpeting,
drapes, draperies, curtains, shades,
Venetian blinds, screens, paintings,
hangings, pictures, divans, couches,
luggage carts, luggage racks, stools,
sofas, chinaware, linens, pillows,
blankets, glassware, foodcarts, cook
ware, dry cleaning facilities, dining
room wagons, keys or other entry
systems, bars, bar fixtures, liquor and
other drink dispensers, icemakers, ra
dios, television sets, intercom and
paging equipment, potted plants,
stoves, ranges, refrigerators, laundry
machines, dishwashers, garbage dis
posals, washers and dryers and oth
er customary hotel equipment) and
other property of every kind and
nature whatsoever owned by Borrow
er, or in which Borrower has or shall
have an interest, now or hereafter
located upon the Secured Property
and the Improvements, or appurten
ant thereto, and usable in connection
with the present or future operation
and occupancy of the Secured Prop
erty and the Improvements and all
building equipment, materials and
supplies of any nature whatsoever
owned by Borrower, or in which Bor
rower has or shall have an interest,
now or hereafter located upon the
Secured Property and the Improve
ments, or appurtenant thereto, or us
able in connection with the present or
future operation and occupancy of
the Secured Property and the Im
provements (collectively, the "Per
sonal Property"), and the right, title
and interest of Borrower in and to any
of the Personal Property which may
be subject to any security interests,
as defined in the Uniform Commer
cial Code, as adopted and enacted
by the state or states where any of
the Secured Property is located (the
"Uniform Commercial Code"), and all
proceeds and products of the above;
(e) All leases, subleases and other
agreements affecting the use, enjoy
ment or occupancy of the Secured
Property and/or the Improvements
heretofore or hereafter entered into
and all extensions, amendments and
modifications thereto (collectively, the
"Leases"), whether before or after the
filing by or against Borrower of any
petition for relief under 11 U.S.C.
§101 et seq., as the same may be
amended from time to time (the
"Bankruptcy Code") and all right, title
and interest of Borrower, its suc
cessors and assigns therein and
thereunder, including, without limita
tion, any guaranties of the lessees'
obligations thereunder, cash or se
curities deposited thereunder to se
cure the performance by the lessees
of their obligations thereunder and all
rents, additional rents, early termina
tion fees and payments and other ter
mination fees and payments (any
such early termination fees, pay
ments and other termination fees and
payments, the "Lease Termination
Fees"), revenues, issues and profits
(including all oil and gas or other min
eral royalties and bonuses) from the
Secured Property and the Improve
ments, including, without limitation,
all revenues and credit card receipts
collected from guest rooms, restaur
ants, bars, meeting rooms, banquet
rooms and recreational facilities, all
receivables, customer obligations, in
stallment payment obligations and
other obligations now existing or
hereafter arising or created out of the
sale, lease, sublease, license, con
cession or other grant of the right of
the use and occupancy of property or
rendering of services by Borrower or
any operator or manager of the hotel
or the commercial space located in
the Improvements or acquired from
others (including, without limitation,
from the rental of any office space,
retail space, guest rooms or other
space, halls, stores, and offices, and
deposits securing reservations of
such space), license, lease, sub
lease and concession fees and rent
als, health club membership fees,
food and beverage wholesale and re
tail sales, service charges and vend
ing machine sales, whether paid or
accruing before or after the filing by
or against Borrower of any petition for
relief under the Bankruptcy Code
(collectively, the "Rents") and all pro
ceeds from the sale or other disposi
tion of the Leases and the right to re
ceive and apply the Rents;
(f) All proceeds of and any unearned
premiums on any insurance policies
covering the Secured Property, in
cluding, without limitation, the right to
receive and apply the proceeds of
any insurance, judgments, or settle
ments made in lieu thereof, for dam
age to the Secured Property;
(g) All awards or payments, including
interest thereon, which may hereto
fore and hereafter be made with re
spect to the Secured Property,
whether from the exercise of the right
of eminent domain (including but not
limited to any transfer made in lieu of
or in anticipation of the exercise of
the right), or for a change of grade, or
for any other injury to or decrease in
the value of the Secured Property;
(h) All refunds, rebates or credits in
connection with a reduction in real
estate taxes and assessments
charged against the Secured Prop
erty as a result of tax certiorari or any
applications or proceedings for reduc
tion;
(i) All proceeds of the conversion, vol
untary or involuntary, of any of the
foregoing including, without limitation,
proceeds of insurance and condem
nation awards, into cash or liquida
tion claims;
(j) The right, in the name and on be
half of Borrower, to appear in and de
fend any action or proceeding
brought with respect to the Secured
Property;
(k) All agreements, contracts, certific
ates, instruments, franchises, per
mits, licenses, plans, specifications
and other documents, now or here
after entered into, and all rights
therein and thereto, respecting or
pertaining to the use, occupation,
construction, management or opera
tion of the Secured Property and any
part thereof and any Improvements
or respecting any business or activity
conducted on the Secured Property
and any part thereof and all right, title
and interest of Borrower therein and
thereunder, including, without limita
tion, the right to receive and collect
any sums payable to Borrower there
under and including further, without
limitation, all right, title and interest of
Borrower in and to that certain
Choice Hotels International, Inc.
Franchise Agreement dated April 12,
2004 made by and between Borrow
er and Choice Hotels International,
Inc. (together with any amendments,
replacements or substitutions there
for, the "Franchise Agreement");
(l) All trade names, trademarks, ser
vicemarks, logos, copyrights, good
will, books and records and all other
general intangibles relating to or used
in connection with the operation of
the Secured Property; and
(m) Any and all other rights of Bor
rower in and to the items set forth in
Subsections (a) through (I) above.
The Secured Property does not in
clude any furniture, furnishings or
trade fixtures owned and supplied by
tenants of the above-described real
property and any inventory of any
tenant held for resale on the above-
described real property and not used
in the operations of the real property.
To the best of the knowledge of
Lender, the Secured Property is in
the possession of the Borrower or
other persons in possession by,
through or under Borrower, or a re
ceiver for the Secured Property ap
pointed by the superior court.
The undersigned may sell that por
tion of the Secured Property as may,
under the laws of the State of Geor
gia, constitute an estate or interest in
real estate (the “Real Property”) sep
arately from that portion of the Se
cured Property as constitutes under
the laws of the State of Georgia per
sonalty and not an interest in real es
tate (the “Foreclosure Personal Prop
erty”), in which case separate bids
will be taken therefor, or collectively
in a single sale and lot, in which case
a single bid will be taken therefor. Un
less otherwise set forth in an an
nouncement by the undersigned
made at the commencement of the
public sale, the Real Property and
Foreclosure Personal Property shall
be sold collectively in a single sale
and lot, in which case a single bid will
be taken therefor.
The Real Property will be sold on an
“AS IS, WHERE IS” basis without re
course against Lender and without
representation or warranty of any
kind or nature whatsoever with re
spect thereto. The Real Property will
be sold subject to (1) all unpaid taxes
and assessments and sanitary
charges which are liens against the
Real Property and which are prior in
right to the Security Deed, including
taxes that are liens, but not yet due
or payable, any additional taxes, in
terest and/or penalties which may be
assessed for prior tax years by virtue
of adjustment, re-appraisal, re-as-
sessment, appeal or other amend
ment to the tax records of the city or
county of the Real Property; (2) all
matters affecting the Real Property
as shown on that certain survey pre
pared by Lewis R. Shelton, Georgia
Registered Land Surveyor No. 2971,
of LRS Surveying, field work com
pleted on February 1, 2014; (3) all
valid zoning ordinances; (4) rights of
tenants in possession of the Secured
Property under all leases and sub
leases granting the right to use or oc
cupy all or any part of the Secured
Property; and (5) any and all other
easements, limitations, restrictions,
reservations, covenants and encum
brances of record to which the Secur
ity Deed is junior and subordinate in
terms of priority under the laws of the
State of Georgia.
The Foreclosure Personal Property
will be sold on an “AS IS, WHERE IS”
basis without recourse against
Lender and without representation or
warranty of any kind or nature what
soever with respect thereto. The
Foreclosure Personal Property will be
sold subject to all unpaid taxes and
assessments, if any, which are liens
against the Foreclosure Personal
Property and which are prior in right
to the Security Deed.
The Security Deed was originally giv
en to secure (1) the payment of the
indebtedness evidenced by that cer
tain Promissory Note dated April 13,
2006, made by Borrower to the order
of Original Lender (the “Note”) in the
original principal amount of
$7,000,000.00 (the “Indebtedness”)
and (2) the performance of all of Bor
rower’s covenants and obligations
under any and all other documents
evidencing or securing the Indebted
ness (said documents, together with
the Note and the Security Deed, are
herein collectively referred to as the
“Loan Documents”). The Indebted
ness has been and is hereby de
clared due and immediately payable
because of default by Borrower in
payment of the Indebtedness in ac
cordance with the terms of the Loan
Documents and the failure of Borrow
er to perform its obligations under the
Loan Documents.
The proceeds of the sale of the Se
cured Property shall be applied in ac
cordance with the Security Deed to (i)
the payment of the costs and ex
penses of this sale, including the ex
penses of protecting the Secured
Property and attorneys' fees (notice
of intent to collect attorneys' fees
having been given pursuant to
O.C.G.A. § 13-1-11), (ii) payment of
the Indebtedness and any other
amounts secured by the Security
Deed, and (iii) the surplus, if any, to
the person or persons legally entitled
thereto.
MSCI 2006-HQ9 - 2060 Crescent
Centre BLVD LLC, a Delaware lim
ited liability company, as attorney-in-
fact for ++Platinum Lodging-North
lake, LLC++, a Georgia limited liabil
ity company
William G. Rothschild, Esq.
Sutherland Asbill & Brennan LLP
999 Peachtree Street, N.E.,
Suite 2300
Atlanta, Georgia 30309
william.rothschild@sutherland.com
(404) 853-8000
430-366190 2/5,2/12,2/19,2/26WG
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
Under and by virtue of the Power of
Sale contained in that certain Com
mercial Deed to Secure Debt and Se
curity Agreement from Universal
Cabinet Solutions, Inc. (“Grantor”)
to Bank of North Georgia, a division
of Synovus Bank (“Grantee”), dated
August 20, 2011, filed and recorded
November 9, 2011, in Deed Book
22720, Page 491, DeKalb County,
Georgia Records, as re-recorded
March 20, 2012, in Deed Book
22934, Page 295, aforesaid records
(the “Security Deed”), conveying the
after-described property to secure
that certain Universal Note dated Au
gust 20, 2011, from Grantor to
Grantee, in the original principal
amount of Two Hundred Twenty
Thousand Two Hundred Sixty Three
and 83/100 Dollars ($220,263.83),
with interest thereon as set forth
therein (the “Note”), there will be sold
at public outcry to the highest bidder
for cash before the courthouse door
of DeKalb County, Georgia, within
the legal hours of sale on the first
Tuesday in March 2015, the follow
ing described property:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot
121 of the 16th Land District of
DeKalb County, Georgia, being
shown as Tract A in accordance with
that Plat of Survey for Horace J.
Pendley, Sr. recorded at Plat Book
49, Page 39, Public Records of
DeKalb County, Georgia, said plat by
reference thereto being incorporated
herein and made a part hereof for a
more particular description of said
property, and said property being
more particularly described as fol
lows:
BEGINNING at an iron pin on the
northwesterly side of Lithonia Indus
trial Boulevard four hundred eighty
four and fifty one hundredths
(484.51) feet North of the Southwest
corner of Land Lot 121; running
thence northeasterly along the north
westerly side of Lithonia Boulevard
one hundred seventy one and thirty
five hundredths (171.35) feet to an