Newspaper Page Text
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www.thechampionnewspaper.com
The Champion Legal Section, Thursday, May 14, 2015
The sale will conducted subject to
confirmation that it is not prohibited
under U.S. Bankruptcy Code and to
final confirmation and audit of the
status of the loan with the holder of
the security deed.
To the best knowledge of the under
signed, the party or parties in posses
sion of the subject property is (are):
Delisa Renae Hayes and Joseph
Hayes or tenant(s).
Pac-Perl, LLC, As Attorney in fact for
Delisa Renae Hayes and Joseph
Hayes
Shola Oyekan, Esq.
225 Corporate Center Drive, Ste B
Stockbridge GA 30281
(770) 506-7765
shola@closinglawfirm.com
File # ++Pac-Perl 01-14-113
HAYES++
This Law Firm is acting as a debt col
lector and any information obtained
from you will be used for that pur
pose.
“Exhibit A”
LEGAL DESCRIPTION
All that tract or parcel of land lying
and being in Land Lot 59 of the 16th
District, DeKalb County, Georgia, be
ing Lot 30, Block A, Leisure Valley
Subdivision, Unit I, as per plat recor
ded in Plat Book 79, Page 122,
DeKalb County, Georgia Records,
which plat is incorporated herein by
reference and made a part of this de
scription. Said property being known
as 5515 Mallard Trail according to
the present system of numbering
property in DeKalb County, Georgia.
Property Address: 5515 Mallard Trail
Lithonia, Georgia 30058
Parcel ID Number: 16 059 06 001.
420-370019 5/7,5/14,5/21,5/28wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
By virtue of the power of sale con
tained in that certain Security Deed
from Security Deed made by Yolan
da R. Bryant to MERS, People's
Choice Home Loan, Inc. in the
amount of $113,400.00 dated Au
gust 3, 2006, and filed August 9,
2006, in Deed Book 19023, Page
776, in the Office of the Clerk of the
Superior Court for DeKalb County,
Georgia and last assigned to Pacific
Northwest Investments, LLC, said
Deed to Secure Debt having been
given to secure a Note dated August
3, 2006 in the original principal sum
of One Hundred and Thirteen Thou
sand and Four Hundred Dollars
($113,400.00), with interest from date
at the rate stated in said Note on the
unpaid balance until paid, 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 Tues
day in June 2015 the property de
scribed on Exhibit “A” attached hereto
and incorporated herein by reference.
The debt secured by said Deed to
Secure Debt and subject property
has been and is hereby declared due
because of, among other possible
events of default, non-payment of the
monthly installments on said loan.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorney’s fees.
The Secured Mortgage holder and
the individual or entity that has full
authority to negotiate amend, and
modify all terms of the mortgage is
Pacific Northwest Investments, LLC:
1951 Ferry Street, Suite A, Albany,
OR 97322. Phone (541) 704-0345.
(Brian Wyatt)
Notice has been given of intention to
collect attorney’s fees in accordance
with the terms of the note secured by
said deed and notice has been given
in writing and by certified mail, return
receipt requested, to borrower of
name address, phone number of per
son and entity who shall have author
ity to negotiate and amend all terms
of the security deed and note se
cured in accordance with O.C.G.A.
44-14-162.2(a). Notice of the fore
closure sale has been given to the
owner/debtors at least 30 days be
fore the scheduled foreclosure date
by certified mail, return receipt re
quested.
Said property will be sold as the prop
erty of Estate of Yolanda R. Bryant
and the proceeds of the sale will be
applied to the payment of said in
debtedness, the expense of said
sale, all as provided in said deed,
and the undersigned will execute a
deed to the purchaser as provided in
the aforementioned security deed.
Said property will be sold subject to
the outstanding ad valorem taxes
and/or assessments, all utility bills
and assessments, restrictions, liens,
if any, and all easements and restric
tions of record having priority over
this Deed to Secure Debt.
The sale will conducted subject to
confirmation that it is not prohibited
under U.S. Bankruptcy Code and to
final confirmation and audit of the
status of the loan with the holder of
the security deed.
To the best knowledge of the under
signed, the party or parties in posses
sion of the subject property is (are):
Yolanda R. Bryant or tenant(s).
Pacific Northwest Investments, LLC
As Attorney in Fact for
Yolanda R. Bryant
Shola Oyekan, Esq.
The Closing Firm of Shola Oyekan
225 Corporate Center Drive, Ste B
Stockbridge GA 30281
(770) 506-7765
shola@closinglawfirm.com
File # ++PNW113-07 BRYANT++
This Law Firm is acting as a debt col
lector and any information obtained
from you will be used for that pur
pose.
“Exhibit A”
LEGAL DESCRIPTION
All that tract or parcel of land lying
and being in Land Lot 36 of the 16th
District of DeKalb County, State of
Georgia, and being Lot 106, Block B
of Biffle Downs Subdivision, Phase
III, per plat of survey recorded in Plat
Book 84, Page 61, DeKalb County,
Georgia Records, which plat is
hereby incorporated and made a part
hereof by this reference. Said prop
erty being presently or formerly
known as 5400 Biffle Way, Stone
Mountain, Georgia 30088.
Subject Property Address: 5400
Biffle Way, Stone Mountain, Geor
gia 30088
Parcel ID: 16 036 05 026
This Law Firm is acting as a debt col
lector and any information obtained
from you will be used for that pur
pose.
420-370020 5/7,5/14,5/21,5/28WG
NOTICE OF SALE
UNDER POWER
Pursuant to the Power of Sale con
tained in a Security Deed given by
Cydrena Y. Brown to First Atlantic
Mortgage LLC of Georgia, dated May
28, 2004 recorded on June 17, 2004
in Deed Book 16274 Page 236,
Dekalb County, Georgia records; as
last transferred to or acquired by
SMCC Capital LLC, a Georgia Lim
ited Liability Company conveying the
after-described property to secure a
Note in the original principal amount
of Sixty Eight Thousand Two Hun
dred Fifty Dollars and No Cents
($68,250.00), with interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to
the highest bidder for cash before the
Courthouse door of Dekalb County,
Georgia, within the legal hours of
sale on June 2, 2015 (being the first
Tuesday of said month unless said
date falls on a Federal Holiday), the
following described property: ALL
THAT CERTAIN TRACT OR PAR
CEL OF LAND SITUATE, LYING
AND BEING IN LAND LOT 58 OF
THE 15TH DISTRICT, DEKALB
COUNTY, GEORGIA, BEING LOT
87, KINGSWOOD PARK SUBDIVI
SION, AS PER PLAT RECORDED IN
PLAT BOOK 90, PAGE 91, DEAKLB
COUNTY, GEORGIA RECORDS,
WHICH PLAT IS INCOPORATED
HEREIN AND MADE A PART HERE
OF BY REFERNCE FOR A MORE
PARTICULAR AND ACCURATE DE
SCRIPTION OF THE PROPERTY,
BEING IMPROVED PROPERTY
KNOWN AS 3242 KINGSWOOD
GLEN, DECATUR, GEORGIA 30034
ACCORDING TO THE SYSTEM OF
NUMBERING HOUSES IN DEKALB
COUNTY, GEORGIA AND BEING
THE SAME PROPERTY CON
VEYED TO CYDRENA Y. BROWN
BY VIRTUE OF A QUITCLAIM DEED
DATED ON APRIL 16, 1999 AND
RECORDED IN DEED BOOK 10716,
PAGE 432, DEKALB COUNTY,
GEORGIA, RECORDS. The debt se
cured by said Security Deed has
been and is hereby declared due be
cause 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
Security Deed. 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, includ
ing attorney's fees (notice of intent to
collect attorney's fees having been
given). Said property is commonly
known as 3242 Kingswood Glen,
Decatur, Georgia 30034 together
with all fixtures and personal prop
erty attached to and constituting a
part of said property, if any. The fol
lowing information is being provided
in accordance with O.C.G.A. §44-14-
162.2 et seq.: SMCC Capital, LLC is
the secured creditor under the Secur
ity Deed and loan being foreclosed.
The entity or individual designated
who shall have full authority to nego
tiate, amend and modify all terms of
the mortgage and Note is: SMCC
Capital LLC, PO Box 2869, Jackson,
Wyoming, 83001; Tel: (770) 683-
1239, however, SMCC Capital LLC is
not required by law to negotiate,
amend or modify the terms of the
loan. To the best knowledge and be
lief of the undersigned, the party (or
parties) in possession of the subject
property is (are): Cydrena Y. Brown
or tenant or tenants. Said property
will be sold subject to: (a) any out
standing ad valorem taxes (including
taxes which are a lien, but not yet
due and payable), (b) unpaid water or
sewage bills that constitute a lien
against the property whether due and
payable or not yet due and payable
and which may not be of record, (c)
the right of redemption of any taxing
authority, (d) any matters which might
be disclosed by an accurate survey
and inspection of the property, and
(e) any assessments, liens, encum
brances, zoning ordinances, restric
tions, covenants, and matters of re
cord superior to the Security Deed
first set out above. The sale will be
conducted subject to (1) confirmation
that the sale is not prohibited under
the U.S. Bankruptcy Code; and (2) fi
nal 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 immediately above. SMCC
Capital, LLC, a Georgia Limited Liab
ility Company as agent and Attorney
in Fact for Cydrena Y. Brown;
Sanders, Haugen & Sears, P.C., 11
Perry Street, Newnan, Georgia
30263, Tel: (770) 253-3880, SHS File
No. ++24,399 BROWN++ THIS LAW
FIRM MAY BE ACTING AS A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED
FOR THAT PURPOSE.
420-370038 5/7,5/14,5/21,5/28wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. Un
der and by virtue of the Power of
Sale contained in that certain Equity
Reserve Line of Credit Agreement
("Agreement") and Deed to Secure
Debt ("Deed") from JOHN L. ADAMS
("Debtor"), to National City Bank,
dated October 3, 2002 , filed for re
cord October 10, 2002, and recorded
in Deed Book 13727, Page 620,
DeKalb County, Georgia Records,
said Deed having been given to se
cure an Equity Reserve Line of Cred
it Agreement, dated 10/03/2002, with
an original principal amount of ONE
HUNDRED SIXTY FIVE AND ONE
HUNDRED FIFTY and Zero Cent
($165, 150.00), with interest from
date at the rate stated in said Agree
ment of the unpaid balance until paid,
there will be sold by the undersigned
at public outcry to the highest bidder
for cash or certified funds before the
Courthouse door of DeKalb County,
Georgia, located at 556 North Mc
Donough Street, Decatur, Georgia
30030 within the legal hours of sale
on the first Tuesday in June, 2015
(June 2, 2015), the property com
monly known as 130 Glenn Circle
Decatur, Georgia 30030 and more
specifically described as all that tract
or parcel of land lying and being in
Land Lot 247 of the 15th District,
DeKalb County, Georgia, being Lot 2,
Block D, Glenwood Estates, as per
plat recorded in Plat Book 11, Page
14, DeKalb County, Georgia Re
cords said plat is incorporated herein
by reference ("Property").
The debt secured by said Deed has
been and is hereby declared due be
cause of, among other possible
events of default, non-payment of the
monthly installments on said loan.
The debt remaining in default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorney's fees.
(Notice of intent to collect attorney's
fees having been given).
The individual or entity that has full
authority to negotiate, amend, and
modify all terms of the mortgage with
the Debtor is PNC Bank, National As
sociation, S/B/M/T National City Bank
6750 Miller Road, Mail Stop #BR-
YB58-01-3, Brecksville, Ohio 44141,
(866) 622-2657. Please understand
that the secured creditor is not re
quired to negotiate, amend, or modi
fy the terms of the mortgage instru
ment.
This sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) to final confirmation and
audit of the status of the loan with the
holder of the Deed; (3) all outstand
ing taxes (including ad valorem) and
assessments, and any additional
taxes which result from a reassess
ment of the Property; (4) riparian
rights incident to the Property; (5)
rights of tenants in possession, as
tenants only, under unrecorded
leases, without purchase or rights of
first refusal; (6) all valid zoning ordin
ances; and (7) all other, if any, ease
ments, limitations, reservations, cov
enants, restrictions, deeds to secure
debt, liens and other encumbrances
and matters of public records to
which the Deed is junior and subor
dinate in terms of priority under the
laws of the State of Georgia, includ
ing the lien of that Security Deed, ori
ginally to Southeastern Mortgage,
dated October 3, 2002, filed in Deed
Book 13727, Page 603 of the DeKalb
County Records, with an original prin
cipal amount of Three Hundred Ten
Thousand and Zero Cent
($310,000.00). The Property will be
sold on an "as is, where is" basis and
without representation or warranty of
any kind or nature whatsoever with
respect thereto.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is John L. Adams
or a tenant or tenants.
PNC Bank, National Association,
s/b/m/t National City Bank
As Attorney-in-Fact for
++John L. Adams++
HALL BOOTH SMITH, P.C.
191 Peachtree Street, NE.,
Suite 2900
Atlanta, Georgia 30303
(404) 954-5000
420-370039 5/7,5/14,5/21,5/28wg
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY By
virtue of a Power of Sale contained in
that certain Security Deed from Hays
Hall a/k/a Hays C. Hall to Mortgage
Electronic Registration Systems, Inc.,
(“MERS”), as nominee for Liberty
Mortgage Corporation, dated Febru
ary 6, 2009, recorded February 26,
2009, in Deed Book 21288, Page
466, DeKalb County, Georgia Re
cords, and as last assigned to Branch
Banking and Trust Company, by vir
tue of assignment recorded in Deed
Book 24741, Page 293, DeKalb
County, Georgia Records, said Se
curity Deed having been given to se
cure a Note of even date in the prin
cipal amount of ONE HUNDRED
FIFTY THOUSAND NINE HUN
DRED FORTY-ONE DOLLARS AND
NO CENTS ($150,941.00), with in
terest thereon as provided for therein,
there will be sold at public outcry to
the highest bidder for cash before the
courthouse door of DeKalb County,
Georgia, within the legal hours of
sale on the first Tuesday in June
2015 by Branch Banking and Trust
Company, as Attorney in Fact for
Hays Hall a/k/a Hays C. Hall, all prop
erty described in said Security Deed
including but not limited to the follow
ing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 116
OF THE 18TH DISTRICT, DEKALB
COUNTY, GEORGIA, BEING LOT 93
OF VALLEY BROOK ESTATES,
UNIT 1, AS PER PLAT RECORDED
IN PLAT BOOK 24, PAGE 114, RE
CORDS OF DEKALB COUNTY,
GEORGIA, WHICH PLAT IS BY
REFERENCE INCORPORATED
HEREIN AND MADE A PART HERE
OF. Said property being known as
3102 FRANCINE DRIVE, DECATUR,
GEORGIA 30083 according to the
present numbering system in DeKalb
County. The indebtedness secured
by said Security Deed has been and
is hereby declared due because of
default under the terms of said Se
curity Deed and Note, including but
not limited to the nonpayment of the
indebtedness as and when due. The
indebtedness remaining in default,
this sale will be made for the pur
pose of paying the same, all ex
penses of the sale, including attor
neys' fees and all other payments
provided for under the terms of the
Security Deed and Note. Said prop
erty will be sold subject to the follow
ing items which may affect the title to
said property: any superior Security
Deeds of record; all zoning ordin
ances; matters which would be dis
closed by an accurate survey or by
an inspection of the property; any
outstanding taxes, including but not
limited to ad valorem taxes, which
constitute liens upon said property;
special assessments; all outstanding
bills for public utilities which consti
tute liens upon said property; all re
strictive covenants, easements,
rights-of-way and any other matters
of record superior to said Security
Deed. To the best of the knowledge
and belief of the undersigned, the
party in possession of the property is
++Hays Hall a/k/a Hays C. Hall++ or
tenant(s). The sale will be conducted
subject to (1) confirmation that the
sale is not prohibited under the U.S.
Bankruptcy Code, and (2) final con
firmation and audit of the status of
the loan. The name of the person or
entity who has the full authority to ne
gotiate, amend, and modify all terms
of the mortgage is: Branch Banking
and Trust Company, 301 College
Street, 6th Floor, Greenville, South
Carolina 29601 TEL (800) 827-3722,
option 6. THIS LAW FIRM IS AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE. The Geheren Firm, P.C.,
4828 Ashford Dunwoody Road, 2nd
Floor, Atlanta, GA 30338 TEL (678)
587-9500.
420-370040 5/7,5/14,5/21,5/28wg
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
Because of a default in the payment
of the indebtedness secured by that
certain Deed to Secure Debt, dated
April 16, 2003, executed by William
Crane, III to Murray M. Van Lear, re
corded in Deed Book 14624, Page
222, DeKalb County, Georgia Deed
Records, and Securing a Promissory
Note in the original principal amount
of $164,000, Murray M. Van Lear, the
current holder thereof, has declared
the entire amount of said indebted
ness evidenced by the Promissory
Note immediately due and payable
and, according to the terms and pur
suant to the power of sale contained
in said Deed to Secure Debt, will, on
the first Tuesday in June, 2015 to-wit:
June 2, 2015, during the legal hours
of sale, before the DeKalb County
Courthouse door, sell at public out
cry to the highest bidder for cash, the
following described real property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 179 OF THE 15TH DISTRICT
OF DEKALB COUNTY, GEORGIA
AND BEING LOT 30, BLOCK D,
PARKVIEW SUBDIVISION, AS PER
PLAT HEREOF RECORDED AT
PLAT BOOK 13, PAGE 151,
DEKALB COUNTY, GEORGIA RE
CORDS, WHICH PLAT IS INCOR
PORATED HEREIN BY THIS REF
ERENCE AND MADE A PART
HEREOF.
MUNICPAL ADDRESS: 286 ELEAN
OR STREET, ATLANTA, GEORGIA
30317
Said real property will be sold sub
ject to the Security Deed recorded in
Deed Book 12605, Page 146 of the
Real Estate Records of DeKalb
County, Georgia and to any outstand
ing ad valorem taxes (including taxes
which are a lien, but not yet due and
payable), the right of redemption of
any taxing authority, any matters
which might be disclosed by an ac
curate survey and inspection of the
real property, and assessments, li
ens, secured interests, encum
brances, zoning ordinances, restric
tions, covenants, and matters of re
cord superior to the Deed to Secure
Debt first set out above.
This sale will be subject (1) to con
firmation that the sale is not prohib
ited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit
as to the amount and status of the
loan with the holder of the Deed to
Secure Debt, including but not lim
ited to, a determination that the bor
rower has not reinstated the loan pri
or to the foreclosure sale.
The name, address, and telephone
number of the individual or entity with
full authority to negotiate, amend,
and modify all terms of the Promis
sory Note and Deed to Secure Debt
is Murray M. Van Lear, c/o Williams
Teusink, LLC, The High House, 309
Sycamore Street, Decatur, Georgia
30030. The telephone number is
(404) 373-9590.
Upon information and belief, said real
property is presently in the posses
sion or control of William Crane, III
and Tsehaynesh G. Bekele and the
proceeds of said sale will be applied
to the payment of said indebtedness
and all the expenses of said sale, in-
cluding attorney’s fees, all as
provided for in said Deed to Secure
Debt and the excess proceeds, if
any, will be distributed as provided by
lay.
Notice has been given of the inten
tion to collect attorney’s fees in ac
cordance with the terms of the
Promissory Note secured by said
deed.
Murray M. Van Lear
As Attorney-in-Fact for
++William Crane, III++
Williams Teusink, LLC
The High House
309 Sycamore Street
Decatur, Georgia 30030
(404) 373-9590
www.williamsteusink.com
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.
420-370041 5/7,5/14,5/21,5/28wg
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”), and
pursuant to that certain Order of Dis
missal entered April 8, 2015 in
Chapter 13 Case No. 15-50303-crm,
United States Bankruptcy Court,
Northern district of Georgia, Atlanta
Division, the undersigned will sell at
public outcry to the highest and best
bidder for cash before the door of the
Courthouse of DeKalb County, Geor
gia, during the legal hours of sale, on
the first Tuesday in June, 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 BEING MORE COM
MONLY KNOWN AS: 3281 BUCK
EYE ROAD, ATLANTA, GEORGIA
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-