Newspaper Page Text
Page 62C
www.thechampionnewspaper.com
The Champion Legal Section, Thursday, May 14, 2015
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). U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR
BEAR STEARNS ASSET BACKED
SECURITIES I TRUST 2006 IM1,
ASSET BACKED CERTIFICATES,
SERIES 2006 IMI holds the duly en
dorsed Note and is the current as
signee of the Security Deed to the
property. AMERICA'S SERVICING
COMPANY, acting on behalf of and,
as necessary, in consultation with
U.S. BANK NATIONAL ASSOCI
ATION, AS TRUSTEE FOR BEAR
STEARNS ASSET BACKED SE
CURITIES I TRUST 2006 IM1, AS
SET BACKED CERTIFICATES,
SERIES 2006 IMI (the current in
vestor on the loan), is the entity with
the full authority to negotiate, amend,
and modify all terms of the loan. Pur
suant to O.C.G.A. § 44 14 162.2,
AMERICA'S SERVICING COM
PANY may be contacted at: AMER
ICA'S SERVICING COMPANY, 3476
STATEVIEW BLVD, FORT MILL, SC
29715, 800 288 3212. Please note
that, pursuant to O.C.G.A. § 44 14
162.2, the secured creditor is not re
quired to amend or modify the terms
of the loan. To the best knowledge
and belief of the undersigned, the
party/parties in possession of the
subject property known as 4525
LATCHWOOD DR, LITHONIA,
GEORGIA 30038 is/are: TENE D
JONES or tenant/tenants. Said prop
erty will be sold subject to (a) any
outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet
due and payable), (b) any matters
which might be disclosed by an ac
curate survey and inspection of the
property, and (c) all matters of record
superior to the Deed to Secure Debt
first set out above, including, but not
limited to, assessments, liens, en
cumbrances, 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 NATIONAL
ASSOCIATION, AS TRUSTEE FOR
BEAR STEARNS ASSET BACKED
SECURITIES I TRUST 2006 IM1,
ASSET BACKED CERTIFICATES,
SERIES 2006 IMI as Attorney in Fact
for TENE D JONES. 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. ++20130134000796
JONES++ BARRETT DAFFIN FRAP-
PIER LEVINE & BLOCK, LLP 15000
Surveyor Boulevard Addison, Texas
75001 Telephone: (972) 341 5398.
420-372248 5/7,5/14,5/21,5/28wg
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 TAMARA RORIE to
MORTGAGE ELECTRONIC REGIS
TRATION SYSTEMS, INC.
("MERS"), AS NOMINEE FOR FRE
MONT INVESTMENT & LOAN ,
dated 12/30/2005, and Recorded on
01/20/2006 as Book No. 18339 and
Page No. 580, AS AFFECTED BY
BOOK 21109 PAGE 488, DEKALB
County, Georgia records, as last as
signed to US BANK NATIONAL AS
SOCIATION, AS TRUSTEE FOR
MASTR ASSET BACKED SECURIT-
IES TRUST 2006 FRE2, MORT
GAGE PASS THROUGH CERTIFIC
ATES, SERIES 2006 FRE2 (the Se
cured Creditor), by assignment, con
veying the after described property to
secure a Note of even date in the ori-
ginal principal amount of
$270,495.00, 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 June, 2015, the following
described property: ALL THAT
TRACT OR PARCEL OF LAND LY-
ING AND BEING IN LAND LOTS
121, 18TH DISTRICT, DEKALB
COUNTY, GEORGIA, BEING
KNOWN AS LOT 9, IDLEWOOD
PARC SUBDIVISION, AS PER PLAT
RECORDED AT PLAT BOOK 146,
PAGES 52 55, DEKALB COUNTY,
GEORGIA RECORDS, AS RE
VISED AT PLAT BOOK 147, PAGES
64 67, AS REVISED AT PLAT BOOK
150, PAGES 62 65, DEKALB
COUNTY, GEORGIA RECORDS,
SAID PLAT BEING INCORPOR
ATED HEREIN BY REFERENCE
THERETO. BEING KNOWN AS 4101
IDLEWOOD PARC COURT, AC
CORDING TO THE PRESENT SYS
TEM OF NUMBERING IN DEKALB
COUNTY, GEORGIA. The debt se-
cured by said Deed to Secure Debt
has been and is hereby declared due
because of, among other possible
events of default, failure to pay the in
debtedness as and when due and in
the manner provided in the Note and
Deed to Secure Debt. Because the
debt remains in default, this sale will
be made for the purpose of paying
the same and all expenses of this
sale, as provided in the Deed to Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
US BANK NATIONAL ASSOCI
ATION, AS TRUSTEE FOR MASTR
ASSET BACKED SECURITIES
TRUST 2006 FRE2, MORTGAGE
PASS THROUGH CERTIFICATES,
SERIES 2006 FRE2 holds the duly
endorsed Note and is the current as
signee of the Security Deed to the
property. AMERICA'S SERVICING
COMPANY, acting on behalf of and,
as necessary, in consultation with US
BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR MASTR ASSET
BACKED SECURITIES TRUST 2006
FRE2, MORTGAGE PASS
THROUGH CERTIFICATES,
SERIES 2006 FRE2 (the current in
vestor on the loan), is the entity with
the full authority to negotiate, amend,
and modify all terms of the loan. Pur
suant to O.C.G.A. § 44 14 162.2,
AMERICA'S SERVICING COM
PANY may be contacted at: AMER
ICA'S SERVICING COMPANY, 3476
STATEVIEW BLVD, FORT MILL, SC
29715, 800 288 3212. Please note
that, pursuant to O.C.G.A. § 44 14
162.2, the secured creditor is not re
quired to amend or modify the terms
of the loan. To the best knowledge
and belief of the undersigned, the
party/parties in possession of the
subject property known as 4101
IDLEWOOD PARC CT, TUCKER,
GEORGIA 30084 is/are: TAMARA
RORIE or tenant/tenants. Said prop
erty will be sold subject to (a) any
outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet
due and payable), (b) any matters
which might be disclosed by an ac
curate survey and inspection of the
property, and (c) all matters of record
superior to the Deed to Secure Debt
first set out above, including, but not
limited to, assessments, liens, en
cumbrances, 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. US BANK NATIONAL AS
SOCIATION, AS TRUSTEE FOR
MASTR ASSET BACKED SECURIT
IES TRUST 2006 FRE2, MORT
GAGE PASS THROUGH CERTIFIC
ATES, SERIES 2006 FRE2 as Attor
ney in Fact for TAMARA RORIE.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++20120134000890 RORIE++ BAR
RETT DAFFIN FRAPPIER LEVINE &
BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
420-372250 5/7,5/14,5/21,5/28wg
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 HAZEL MAHONE to
WASHINGTON MUTUAL BANK, FA ,
dated 03/29/2006, and Recorded on
06/07/2006 as Book No. 18789 and
Page No. 322, DEKALB County,
Georgia records, as last assigned to
U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF9 MASTER
PARTICIPATION TRUST (the Se
cured Creditor), by assignment, con
veying the after described property to
secure a Note of even date in the ori
ginal principal amount of $80,000.00,
with interest at the rate specified
therein, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash at the
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in June, 2015, the following
described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 168,
15TH DISTRICT DEKALB COUNTY,
GEORGIA BEING PART OF LOT 31,
BLOCK F, GLENDALE ACRES SUB
DIVISION AS SHOWN ON A PLAT
RECORDED IN PLAT BOOK 18,
PAGE 110, DEKALB COUNTY RE
CORDS AD BEING MORE PARTIC
ULARLY DESCRIBED AS FOL
LOWS:
BEGINNING AT AN IRON PIN ON
THE SOUTHWESTERLY SIDE OF
CRESTMORE DRIVE (FORMERLY
CRESTWOOD DRIVE) 310.0 FEET
NORTHWESTERLY FROM THE IN
TERSECTION OF THE SOUTH
WESTERLY SIDE OF CREST-
MOORE DRIVE AND THE NORTH
WESTERLY SIDE OF GLENDALE
DRIVE, AS MEASURED ALONG
THE SOUTHWESTERLY SIDE OF
CRESTMOORE DRIVE; RUNNING
THENCE SOUTHWESTERLY 250.0
FEET TO AN IRON PIN; THENCE
NORTHWESTERLY 167.5 FEET TO
AN IRON PIN; THENCE NORTH
EASTERLY 150.0 FEET TO AN
IRON PIN ON THE SOUTHWEST
ERLY SIDE OF CRESTMOORE
DRIVE, THENCE SOUTHEAST
ERLY ALONG THE SOUTHWEST
ERLY SIDE OF CRESTMOORE
DRIVE AND FOLLOWING THE
CURVATURE THEREOF, 65.0 FEET
TO AN IRON PIN AND THE POINT
OF BEGINNING. The debt secured
by said Deed to Secure Debt 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
Deed to Secure Debt. Because the
debt remains in default, this sale will
be made for the purpose of paying
the same and all expenses of this
sale, as provided in the Deed to Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney's fees having been given).
U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF9 MASTER
PARTICIPATION TRUST holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. CALIBER HOME
LOANS, INC., acting on behalf of
and, as necessary, in consultation
with U.S. BANK TRUST, N.A., AS
TRUSTEE FOR LSF9 MASTER
PARTICIPATION TRUST (the cur
rent investor on the loan), is the en
tity with the full authority to negotiate,
amend, and modify all terms of the
loan. Pursuant to O.C.G.A. § 44 14
162.2, CALIBER HOME LOANS,
INC. may be contacted at: CALIBER
HOME LOANS, INC., 13801 WIRE
LESSWAY, OKLAHOMA CITY, OK
73134, 800 401 6587. Please note
that, pursuant to O.C.G.A. § 44 14
162.2, the secured creditor is not re
quired to amend or modify the terms
of the loan. To the best knowledge
and belief of the undersigned, the
party/parties in possession of the
subject property known as 1979
CRESTMOORE DR, DECATUR,
GEORGIA 30032 is/are: HAZEL MA
HONE or tenant/tenants. Said prop
erty will be sold subject to (a) any
outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet
due and payable), (b) any matters
which might be disclosed by an ac
curate survey and inspection of the
property, and (c) all matters of record
superior to the Deed to Secure Debt
first set out above, including, but not
limited to, assessments, liens, en
cumbrances, 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, N.A.,
AS TRUSTEE FOR LSF9 MASTER
PARTICIPATION TRUST as Attor
ney in Fact for HAZEL MAHONE.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++00000005207022 MAHONE++
BARRETT DAFFIN FRAPPIER LEV
INE & BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
420-372251 5/7,5/14,5/21,5/28wg
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 BEVERLEY JEN
NIFER KHATRI AND ABDUS S
KHATRI to MORTGAGE ELEC
TRONIC REGISTRATION SYS
TEMS, INC. ("MERS") AS NOMINEE
FOR FIRST HORIZON HOME
LOANS, A DIVISION OF FIRST TEN-
NESSEE BANK N.A. , dated
04/29/2008, and Recorded on
05/07/2008 as Book No. 20803 and
Page No. 715, DEKALB County,
Georgia records, as last assigned to
JPMORGAN CHASE BANK, NA
TIONAL ASSOCIATION (the Se
cured Creditor), by assignment, con
veying the after described property to
secure a Note of even date in the ori-
ginal principal amount of
$162,400.00, 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 June, 2015, the following
described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 93
OF THE 15TH DISTRICT, DEKALB
COUNTY, GEORGIA, BEING LOT 9,
BLOCK B, MILAM ESTATES, UNIT
VI, AS PER PLAT RECORDED IN
PLAT BOOK 40, PAGE 40, DEKALB
COUNTY RECORDS, WHICH PLAT
REFERENCE IS HEREBY MADE
AND INCORPORATED HEREIN
FOR A MORE COMPLETE DE
SCRIPTION, The debt secured by
said Deed to Secure Debt has been
and is hereby declared due because
of, among other possible events of
default, failure to pay the indebted
ness as and when due and in the
manner provided in the Note and
Deed to Secure Debt. Because the
debt remains in default, this sale will
be made for the purpose of paying
the same and all expenses of this
sale, as provided in the Deed to Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
JPMORGAN CHASE BANK, NA
TIONAL ASSOCIATION holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION,
acting on behalf of and, as neces
sary, in consultation with JPMOR
GAN CHASE BANK, NATIONAL AS
SOCIATION (the current investor on
the loan), is the entity with the full au
thority to negotiate, amend, and
modify all terms of the loan. Pursu
ant to O.C.G.A. § 44 14 162.2, JP
MORGAN CHASE BANK, NATION
AL ASSOCIATION may be contac
ted at: JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, 3415
VISION DRIVE, COLUMBUS, OH
43219, 866 550 5705. Please note
that, pursuant to O.C.G.A. § 44 14
162.2, the secured creditor is not re
quired to amend or modify the terms
of the loan. To the best knowledge
and belief of the undersigned, the
party/parties in possession of the
subject property known as 3021
CRABAPPLE CIRCLE, DECATUR,
GEORGIA 30034 is/are: BEVERLEY
JENNIFER KHATRI AND ABDUS S
KHATRI or tenant/tenants. Said prop
erty will be sold subject to (a) any
outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet
due and payable), (b) any matters
which might be disclosed by an ac
curate survey and inspection of the
property, and (c) all matters of record
superior to the Deed to Secure Debt
first set out above, including, but not
limited to, assessments, liens, en
cumbrances, 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. JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION as
Attorney in Fact for BEVERLEY JEN-
NIFER KHATRI AND ABDUS S
KHATRI. THIS LAW FIRM IS ACT
ING AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE. ++00000005224662
KHATRI++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341
5398.
Foreclosures: Commercial
430-367967 5/7,5/14,5/21,5/28wg
NOTICE OF SALE UNDER POWER
DEKALB COUNTY, GEORGIA
By virtue of the Power of Sale con
tained in that certain Second Deed
To Secure Debt given by C.H.S.,
Inc., a Georgia corporation ("Borrow
er"), in favor of High Trust Bank
(“HTB”), dated December 17, 2009,
filed December 21, 2009 and recor
ded in Deed Book 21784, Pages 92 -
99, Superior Court of DeKalb County,
Georgia Records (the “Security
Deed”), being given to secure a Note
made by Borrower in favor of HTB,
dated December 17, 2009 in the prin
cipal amount of ONE HUNDRED
FIFTY THOUSAND AND 00/100ths
DOLLARS ($150,000.00) (the
“Note”), said Security Deed having
been transferred and assigned by the
Federal Deposit Insurance Corpora
tion (“FDIC”), as Receiver for High
Trust Bank, to Ameris Bank
("Lender") pursuant to that certain
Transfer and Assignment of Deed To
Secure Debt and Security Agree
ment and Absolute Assignment of
Lessor's Interest in Leases and Rents
made by Lender as attorney in fact
for the FDIC, dated March 31, 2015,
filed April 3, 2015 and recorded
in Deed Book 24862, Pages 106-109,
Superior Court of DeKalb County,
Georgia Records (the "Assignment"),
with interest on the Note from the
date thereof at the rate as provided
therein on the unpaid balance until
paid; there will be sold by the under
signed at public outcry to the
highest bidder before the courthouse
door at DeKalb County, Georgia,
within the legal hours of sale on the
first Tuesday in June 2015, the fol
lowing described real property (the
“Property”):
All that tract or parcel of land lying
and being in Land Lot 297 of the 18th
District of DeKalb County, Georgia,
and being a 0.195 acre tract of land
as per plat of survey by Virgil Gaddy
for C.H.S., Inc., dated June 27,1979
and being more particularly de
scribed as follows:
BEGINNING at an iron pin on the
southeasterly side of Stone Highway
Number 13 (Buford Highway a 100
foot right-of-way) at a point 100 feet
(measured along said side of said
highway) northeasterly from the inter
section of said side of said highway
with the northeasterly side of Old
State Mountain Road; running thence
South 61 degrees 20 minutes East
124.2 feet to an iron pin on the south
westerly side of Shallowford Road a
sixty foot right-of-way; thence north
westerly along the southwesterly side
of said road along an arc having
chord direction North 15 degrees 43
minutes West (radius equals
1879.896 feet, chord equals 161.28
feet) 161.37 feet to a point; running
thence North 18 degrees 23 minutes
30 seconds West 34.51 feet along
the southwesterly side of Shallow-
ford Road to the intersection of the
southeasterly side of State Highway
Number 13; thence southwesterly
along the southeasterly side of State
Highway Number 13; South 22 de
grees 58 minutes West a distance of
139.40 feet to the point of beginning;
excepting, however, approximately
3017 feet square feet of land deeded
to the State Highway Department of
Georgia, by Georgia S. Abney for the
widening of Buford Highway.
AND
ALL THAT TRACT or parcel of land
lying and being in Land Lot 297 of the
18th District, DeKalb County, Geor
gia, and being more particularly de
scribed as follows:
BEGINNING at an iron pin on the
southeastern right-of-way of Buford
Highway (having a 100’ right-of-way)
one hundred thirty-nine and four
tenths (139.4) feet southwesterly
from the intersection of the south
eastern side of Buford Highway with
the southwestern side of Shallowford
Road, if extended to form an angle;
said point of beginning is also loc
ated at the southwest corner of prop
erty owned by Grantee herein; run
ning thence south 61°20’ east along
the south line of said other property
of Grantee herein one hundred
twenty four and two tenths (124.2)
feet to an iron pin on the southwest
ern side of Shallowford Road; run
ning thence southeasterly along the
southwestern side of Shallowford
Road one hundred four and fifty three
hundreds (104.53) feet to an iron pin;
thence continuing southeasterly
south 11° 38’ east twenty five (25)
feet to a P.K. nail set at the intersec
tion of the southwestern right-of-way
of Shallowford Road with the north
eastern right-of-way of Old Stone
Mountain Road, if said intersection
were extended to form an angle in
stead of a curve; running thence
north 61° 33’ west along the north
eastern side of Old Stone Mountain
Road one hundred ninety-eight
and one tenth feet to an iron pin
placed at the intersection of the
southeastern right-of-way of Buford
Highway with the northeastern side of
Old Stone Mountain Road; running
thence north 22° 58’ east along the
southeastern right-of-way of Buford
Highway one hundred (100) feet to
the point of beginning; being im
proved property containing a one-
story concrete block building known
as 5033 Buford Highway as per plat
of survey prepared by Virgil F. Gaddy
& Associates, Registered Land Sur
veyors, dated June 27,1979, revised
October 6,1979.
LESS & EXCEPT property described
in Right of Way Deed in favor of
DeKalb County, Georgia, dated May
3, 2005, recorded in Deed Book
17434, page 90; corrected by Cor
rective Right of Way Deed dated
September 27, 2005, recorded in
Deed Book 17973, page 666, DeKalb
County records; Right of Way Deed
dated August 13, 1970, filed August
21, 1970, recorded in Deed Book
2563, page 451; and Right of Way
Deed dated February 19, 1969, filed
March 3, 1969, recorded in Deed
Book 2398, page 810.
The debt secured by said Security
Deed, which includes the debt evid
enced by the Note and by the Prior
Note (as defined below), has been
and is hereby declared due because
of, among other possible events of
default, failure to comply with the
terms of the Note and the Prior
Note. The debt remaining in default
and having been accelerated, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorneys’ fees
(notice of intent to collect attorneys’
fees having been given).
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, but not
yet due and payable), and to any as
sessments, liens, encumbrances,
zoning ordinances, restrictions, cov
enants, or other matters of record
which are superior to the Security
Deed set out above, including without
limitation, that certain Deed To Se
cure Debt given by Borrower in favor
of HTB, dated December 17, 2009,
filed December 21, 2009 and recor
ded in Deed Book 21784, Pages 72-
78, Superior Court of DeKalb County,
Georgia Records, being given to se
cure a Note made by Borrower in fa
vor of HTB, dated December 17,
2009 in the principal amount of FIVE
HUNDRED FIFTY-FOUR THOU
SAND AND 00/1 OOths DOLLARS
($554,000.00) (“Prior Note”), as
transferred and assigned to Lender
by the Assignment.
To the best knowledge and belief of
Lender, the described Property is in
the possession of Borrower. Said
Property is more commonly known as
5039 Buford Highway, Atlanta,
DeKalb County, Georgia 30341.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code, and (2) final confirmation and
audit as to the status of the loan with
the holder of the Security Deed.
Ameris Bank,
as Attorney-in-Fact for
++C.H.S, lnc.++
Mitchell S. Rosen, Esq.
Kitchens Kelley Gaynes, P.C.
5555 Glenridge Connector, Suite 800
Atlanta, Georgia 30342
404-237-4100
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Kelly Moore
Paralegal
Kitchens Kelley Gaynes, P.C.
Glenridge Highlands One
5555 Glenridge Connector
Suite 800
Atlanta, Georgia 30342
kcmoore@kkgpc.com
(404) 237-4100 (phone)
(404) 364-0126 (fax)
430-368045 5/7,5/14,5/21,5/28wg
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
Under and by virtue of the power of
sale contained in that certain Deed to
Secure Debt and Security Agree
ment dated September 12, 2008,
filed September 22, 2008, from The
Panola Oil Company (the “Borrow
er”) to Cornerstone Bank “Lender”,
recorded in Deed Book 21055, Page
367, Official records of DeKalb
County, Georgia (“Lender”) (the “Se
curity Deed”), said Security Deed be
ing given to secure a Promissory
Note dated September 22, 2008 in
the original principal amount of ONE
MILLION TWO HUNDRED FORTY-
SIX THOUSAND 00/100 DOLLARS
($1,246,000.00), together with in
terest from the date thereof at the
rate stated in said note on the un
paid balance until paid; there will be
sold by the undersigned at public out
cry to the highest bidder for cash be
fore the court house door at DeKalb
County, Georgia, within the legal
hours of sale on Tuesday, June 2,
2015 the following described prop
erty (the “Premises”):
ALL THAT TRACT OF PARCEL OF
LAND lying and being in Land Lot 41
of the 16th District, DeKalb
County, Georgia being more particu
larly described as follows:
To find the true point of beginning,
commence at a point at the mitered
intersection of the southerly right of
way line of Hillandale Drive (r/w var
ies) and the easterly right of way line
of Panola Road (r/w varies); thence
run along said easterly right of way
line of Panola Road in a southwest
erly direction a distance of 437.75
feet to an iron pin found at the true
point of beginning.
Thence from the true point of begin
ning as thus established and leaving
said easterly right of way line of Pan
ola Road south 75 degrees 58
minutes 05 seconds east a distance
of 246.33 feet to an iron pin found;
thence south 09 degrees 53 minutes
01 seconds west a distance of
102.97 feet to a point; thence north
75 degrees 34 minutes 11 seconds
west a distance of 44.08 feet to a
point; thence south 10 degrees 04
minutes 15 seconds west a distance
of 20.04 feet to a point; thence north
75 degrees 58 minutes 05 seconds
west a distance of 215.00 feet to a
point located on the easterly right of
way line of Panola Road; thence
along said easterly right of way line of
Panola Road and along the arc of a
curve having a radius of 7,586.44
feet (said arc being subtended by a
chord having a bearing of north 15
degrees 51 minutes 43 seconds east
and a chord length of 122.45 feet) an
arc distance of 122.45 feet to the-
true point of beginning. Said tract of
land contains 30,076 square feet,
Said property being more particularly
shown on that certain plat of survey
dated August 6, 2008, last revised
August 20, 2008, prepared for The
Panola Oil Company, Cornerstone
Bank, Commonwealth Land Title In
surance Company, prepared by Sol
ar Land Surveying Company, certi
fied to by John W. Stanzilis, Jr.,
Georgia Registered Land Surveyor
No. 2109.
Together with the non-exclusive right
to use access easements in favor of
the above-described property cre
ated by that certain reciprocal ease
ment agreement by and between
Quiktrip corporation, an Oklahoma
corporation, and Hospitality-Panola
Associates, LP, a Georgia limited
partnership, dated February 6,1996,
recorded in Deed Book 8870, Page
650, records of DeKalb County,
Georgia.
And together with the non-exclusive
right to use the “access easement” in
favor of the above-described prop
erty created by that certain limited