Newspaper Page Text
Page 54C
The Champion Legal Section, Thursday, Apri
21, 2016
www.thechampionnewspaper.com
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).
U.S. BANK TRUST, N.A., AS
TRUSTEE FOR VOLT ASSET
HOLDINGS TRUST XVI 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 VOLT ASSET
HOLDINGS TRUST XVI (the current
investor on the loan), is the entity
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
LESS WAY, 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 4462
PARMALEE PATH, CONLEY,
GEORGIA 30288 is/are: RUBY M.
KISER 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 VOLT ASSET
HOLDINGS TRUST XVI as Attorney
in Fact for RUBY M. KISER. THIS
LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED
FOR THAT PURPOSE.
++00000005932835 KISER++ BAR
RETT DAFFIN FRAPPIER LEVINE &
BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
420-385317 4/7,4/14,4/21,4/28WG
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 BLOSSOM DEAN
AND CARLOS DEAN to MORT
GAGE ELECTRONIC REGISTRA
TION SYSTEMS, INC. ("MERS") AS
NOMINEE FOR COLONIAL BANK,
ITS SUCCESSORS AND ASSIGNS ,
dated 07/31/2008, and Recorded on
08/08/2008 as Book No. 20987 and
Page No. 530, DEKALB County,
Georgia records, as last assigned to
WELLS FARGO BANK, N A (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
$242,166.00, 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 May, 2016, the following
described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 173
OF THE 16TH DISTRICT, DEKALB
COUNTY, GEORGIA, BEING LOT
51, LEGACY AT STONEY CREEK,
AS PER PLAT RECORDED IN PLAT
BOOK 196, PAGES 89 89F, DEKALB
COUNTY RECORDS, SAID PLAT
BEING INCORPORATED HEREIN
BY REFERENCE THERETO. The
debt secured by said Deed to Se
cure 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). WELLS FARGO BANK,
N.A. holds the duly endorsed Note
and is the current assignee of the Se
curity Deed to the property. WELLS
FARGO BANK, N.A., acting on be
half of and, as necessary, in con
sultation with WELLS FARGO BANK,
N. A. (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, 800 288 3212.
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 3538 CRAGSTONE
ROAD, LITHONIA, GEORGIA 30038
is/are: BLOSSOM DEAN AND CAR
LOS DEAN or tenant/tenants. Said
property will be sold subject to (a)
any outstanding ad valorem taxes (in
cluding taxes which are a lien, but not
yet due and payable), (b) any mat
ters which might be disclosed by an
accurate 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. WELLS FARGO BANK,
N.A. as Attorney in Fact for BLOS
SOM DEAN AND CARLOS DEAN.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++20100169812262 DEAN++ BAR
RETT DAFFIN FRAPPIER LEVINE &
BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
420-385318 4/7,4/14,4/21,4/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB. Under and by vir
tue of the Power of Sale contained in
a Deed to Secure Debt given by PA
TRICIA MURPHY to TMS MORT
GAGE INC, DBA THE MONEY
STORE , dated 12/30/1995, and Re
corded on 01/22/1996 as Book No.
8845 and Page No. 513, DEKALB
County, Georgia records, as last as
signed to WELLS FARGO BANK,
N.A. SUCCESSOR BY MERGER TO
WES HOLDING CORP SUC
CESSOR BY MERGER TO
WACHOVIA EQUITY SERVICING
LLC SUCCESSOR BY MERGER
EQUITY SERVICING CORPORA
TION SUCCESSOR BY MERGER
HOMEQ SERVICING CORPORA
TION (the Secured Creditor), by as
signment, conveying the after de
scribed property to secure a Note of
even date in the original principal
amount of $47,700.00, 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 May, 2016, the fol
lowing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 46
OF THE 18TH DISTRICT, DEKALB
COUNTY, GEORGIA, BEING LOT 4,
BLOCK 5, OF ESKIMO HEIGHTS
SUBDIVISION, AS PER PLAT RE
CORDED IN PLAT BOOK 8, PAGE
64, DEKALB COUNTY RECORDS,
WHICH PLAT IS INCORPORATED
HEREIN BY THIS REFERENCE
AND MADE A PART OF THIS 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).
WELLS FARGO BANK, N.A. SUC
CESSOR BY MERGER TO WES
HOLDING CORP SUCCESSOR BY
MERGER TO WACHOVIA EQUITY
SERVICING LLC SUCCESSOR BY
MERGER EQUITY SERVICING
CORPORATION SUCCESSOR BY
MERGER HOMEQ SERVICING
CORPORATION holds the duly en
dorsed Note and is the current as
signee of the Security Deed to the
property. WELLS FARGO BANK,
N.A., acting on behalf of and, as ne
cessary, in consultation with WELLS
FARGO BANK, N.A. SUCCESSOR
BY MERGER TO WES HOLDING
CORP SUCCESSOR BY MERGER
TO WACHOVIA EQUITY SERVI
CING LLC SUCCESSOR BY MER
GER EQUITY SERVICING COR
PORATION SUCCESSOR BY MER
GER HOMEQ SERVICING COR
PORATION (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,
WELLS FARGO BANK, N.A. may be
contacted at: WELLS FARGO BANK,
N. A., 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 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 595 GIBBONS DRIVE,
SCOTTDALE, GEORGIA 30079
is/are: PATRICIA MURPHY 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 pay
able), (b) any matters which might be
disclosed by an accurate 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, 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.
WELLS FARGO BANK, N.A. SUC
CESSOR BY MERGER TO WES
HOLDING CORP SUCCESSOR BY
MERGER TO WACHOVIA EQUITY
SERVICING LLC SUCCESSOR BY
MERGER EQUITY SERVICING
CORPORATION SUCCESSOR BY
MERGER HOMEQ SERVICING
CORPORATION as Attorney in Fact
for PATRICIA MURPHY. 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.
++20110169800976 MURPHY++
BARRETT DAFFIN FRAPPIER LEV
INE & BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341 5398.
Foreclosures: Commercial
430-384595 4/7,4/14,4/21,4/28wg
NOTICE OF SALE UNDER POWER
DEKALB COUNTY
Pursuant to the Power of Sale con
tained in a Security Deed given by
Bay County Enterprises LLC to
Ayaz, Inc. filed and recorded on
4/11/2011 in Deed Book 22429 Page
591, DeKalb County Georgia records;
as last transferred to or acquired by
Ayaz, Inc., conveying the after-de
scribed property to secure a Notes in
the original principal amount of
$487,500.00 and $25,000.00, with in
terest 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 May 3,
2016 (being the first Tuesday of said
month unless date falls on a Federal
Holiday), the following described
property:
All that tract or parcel of land lying
and being in Land Lot 21 of the 15th
District, DeKalb County, Georgia, be
ing more particularly described as fol
low:
BEGINNING at a point at the inter
section of the northwest side of Ce
dar Grove Road and the west side of
Clark Drive; thence running southw
est along the northwest side of Ce
dar Grove Road 202.31 feet to an
iron pin; thence running northwest at
an interior angle of 172 degrees 41
minutes with the preceding call, 71.6
feet to an iron pin; thence running
east at an interior angle of 78 de
grees 06 minutes with the preceding
call, 103 feet to an iron pin; thence
running southwest at an interior angle
of 63 degrees 48 minutes with the
preceding call, 11.75 feet to an iron
pin; thence running southeast at an
interior angle of 264 degrees 08
minutes with the preceding call,
195.8 feet to an iron pin on the west
side of Clark Drive; thence running
south along the west side of Clark
Drive at an interior angle of 116 de
grees 23 minutes with the preceding
call, 51.05 feet to the point of begin
ning.
Also known as 2136, 2138, 2140,
and 2142 Cedar Grove Road, Con
ley, Georgia
The debt secured by Security Deed
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
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
2136, 2138, 2140, and 2142 Cedar
Grove Road, Conley, Georgia
30288 together with all fixtures and
personal property attached to and
constituting a part of said property, if
any. To the best knowledge and be
lief of the undersigned, the party (or
parties) in possession of the subject
property is (are): ++Ayaz lnc.++ or
tenant or tenants.
Georgia Asset Capital Holding, Inc. is
the entity or individual designated
who shall have full authority to nego
tiate, amend and modify all terms of
the mortgage.
Georgia Asset Capital Holding, LLC
Attn: AIRahim Pirani
100 Hillman Court
Alpharetta, Georgia 30022
1-404-786-0761
Note, however, that such entity or in
dividual is not required by law to ne
gotiate, amend or modify the terms of
the loan.
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) unpaid
water or sewage bills that constitute a
lien against the property whether due
and payable or not yet due and pay
able and which may not be of record,
(c) the right of redemption of any tax
ing authority, (d) any matters which
might be disclosed by an accurate
survey and inspection of the property,
and (e) any assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, and matters of
record 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) final confirmation and
audit of the status of the loan with the
holder of the Security Deed. Pursu
ant to O.C.G.A. Section 9-13-172.1,
which allows for certain procedures
regarding the rescission of judicial
and non-judicial sales of 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.
The Gibson Law Firm, LLC, 1708 Bri-
arcliff Road, NE, Atlanta, Georgia
30306, (404) 733-6700.
THIS LAW FIRM MAY BE ACTING
AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
430-384623 4/7,4/14,4/21,4/28WG
NOTICE OF SALE
UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of
sale contained in that certain Deed to
Secure Debt and Security Agree
ment executed by ++MAU SALES,
LLC,++ in favor of VININGS BANK,
dated October 19, 2009, and recor
ded in Deed Book 21697 Page 121,
Dekalb County, Georgia records, and
Deed to Secure Debt and Security
Agreement executed by MAU
SALES, LLC, in favor of VININGS
BANK, dated October 19, 2009, and
recorded in Deed Book 21697 Page
144, Dekalb County, Georgia re
cords, (“Deed to Secure Debt and
Security Agreement”), the under
signed will sell at public outcry to the
highest bidder for cash before the
courthouse doors in Dekalb County,
Georgia during the legal hours of sale
on the first Tuesday in May, 2016, to
wit; May 3, 2016, the property de
scribed in Exhibit "A" attached hereto
and incorporated herein by reference.
Together with all improvements
thereon and fixtures attached thereto.
All of the foregoing referred to collect
ively as the "premises". Said prop
erty being known as 5170 EAST
PONCE DE LEON AVE., STONE
MOUNTAIN, GEORGIA 30083
(DEKALB COUNTY, GEORGIA)
(Tax Parcel # 18-140-01-005), ac
cording to the present system of
numbering in Dekalb County, Geor
gia.
To the best knowledge and belief of
the undersigned, the foregoing de
scribed real property is presently
owned by and in the possession of
MAU SALES, LLC.
By reason of default in the payment
of the principal and interest in accord
ance with the provisions of said Deed
to Secure Debt and Security Agree
ment and the Promissory Note(s) se
cured by the same, the entire in
debtedness together with accrued but
unpaid interest thereon has become
due and payable immediately, and
the sale will be made for the purpose
of paying the same; the said prop
erty will be sold to the highest bidder
for cash, the proceeds to be applied
to the lawful expenses of the sale
and attorney's fees, and then to the
payment of the then outstanding in
debtedness with interest, all as
provided in the aforedescribed Deed
to Secure Debt and Security Agree
ment. Any balance will be distributed
as provided by law.
Said property will be sold as the prop
erty of MAU SALES, LLC, and will be
sold as the property of the aforesaid
grantor subject to the following: all
prior restrictive covenants, ease
ments, rights-of-way, security deeds,
or encumbrances of record; all valid
zoning ordinances; matters which
would be disclosed by an accurate
survey of the property or by any in
spection of the property; all outstand
ing taxes, assessments, unpaid bills,
charges, and expenses that are a li
en against the property whether due
and payable or not yet due and pay
able.
Pursuant to O.C.G.A. Sect. 44-14-
162.2, the name and address and
telephone number of the individual or
entity who shall have the full author
ity to negotiate, amend, and modify
the terms of the Deed to Secure Debt
and Security Agreement with the
Debtor is: Vinings Bank, 4135 At
lanta Road, Smyrna, Ga. 30080, Tel.
770-437-0004.
The foregoing notwithstanding, noth
ing in O.C.G.A. Sect. 44-14-162.2
shall be construed to require Vinings
Bank to negotiate, amend or modify
the terms of the Deed to Secure Debt
and Security Agreement described
herein.
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT AND HAS
PLACED THIS ADVERTISEMENT IN
AN EFFORT TO COLLECT SUCH
DEBT. ANY INFORMATION OB
TAINED AS A RESULT OF THIS AD-
VERTISEMENT WILL BE USED
FOR THAT PURPOSE.
VININGS BANK,
As Attorney in Fact for
MAU SALES, LLC
Danny G. Schulman
CUTLER & SCHULMAN, P.C.
1600 South Cobb Drive, Suite 100
Marietta, Ga. 30060
Tel. 770/429-9242
EXHIBIT “A”
Legal Description
Tract 4A& Tract 4 B
All that tract or parcel of land lying
and being in Land Lot 140 of the 18th
District, Dekalb County, Georgia, and
being shown as Tract 4A and Tract
4B, as shown on survey for Melwood
Cemetery, dated September 4, 2009,
by Land Developing Co., Larry R.
Bollinger, GRLS # 2361, which sur
vey is incorporated into and made a
part hereof, and being more particu
larly described as follows:
Beginning at a point located on the
northwesterly right of way of Ponce
De Leon Avenue (variable right of
way), which point is located 1009.88
feet southwesterly from the center-
line of Roadhaven Drive, as meas
ured along the northwesterly right of
way of Ponce De Leon Avenue; run
thence South 52 degrees 57 minutes
27 seconds West 118.82 feet along
the northwesterly right of way of
Ponce De Leon Avenue to a point
located on the northwesterly right of
way Ponce De Leon Avenue; run
thence North 28 degrees 11 minutes
27 seconds West 64.01 feet to a
point; run thence North 29 degrees
34 minutes 31 seconds West 82.14
feet to a point; run thence North 19
degrees 53 minutes 00 seconds East
14.25 feet to a point; run thence
North 63 degrees 14 minutes 13
seconds West 18.97 feet to a point;
run thence North 29 degrees 10
minutes 21 seconds West 49.81 feet
to a point; run thence North 31 de
grees 08 minutes 23 seconds West
56.71 feet to a point and corner loc
ated on the southeasterly right of way
line of DRIVEWAY; run thence along
the right of way line of such DRIVE
WAY the following courses and dis
tances: North 49 degrees 59 minutes
39 seconds East 35.34 feet; North 57
degrees 36 minutes 20 seconds East
23.10 feet; North 80 degrees 06
minutes 12 seconds East 19.50 feet;
South 50 degrees 32 minutes 29
seconds East 10.30 feet to a point;
run thence South 37 degrees 50
minutes 09 seconds East 110.89 feet
to a point; run thence South 38 de
grees 00 minutes 43 seconds East
145.42 feet to a point located on the
northwesterly right of way of Ponce
De Leon Avenue and the point of be
ginning.
Property Address: 5170 East Ponce
de Leon Ave., Stone Mountain, GA
30083
Dekalb Co. Tax Parcel No.: 18-140-
01-005
430-384636 4/7,4/14,4/21,4/28WG
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 SK Real Property Associates,
LLC, a Georgia limited liability com
pany, to Wilshire State Bank dated
the 26th day of July, 2006, and recor
ded in Deed Book 19002, Page 505,
DeKalb County Records, given to se
cure SK Real Property Associates,
LLC’s indebtedness in the original
amount of $2,500,000.00, the under
signed will sell, at public outcry, to
the highest bidder for cash, before
the Courthouse door of DeKalb
County, Georgia, during the legal
hours of sale, on the first Tuesday of
May, 2016, the following described
real property, to wit:
PROPERTY ADDRESS: 5615 Me
morial Drive, Stone Mountain, Geor
gia 30083
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 70
of the 18th District of DeKalb County,
Georgia, and being more particularly
described as follows:
BEGINNING at an iron pin located on
the south side of Memorial Drive
(150-foot right-of-way) 200 feet west
as measured along the south right-of-
way line of Memorial Drive from its in
tersection with the west right-of-way
line of Hambrick Road (80-foot right-
of-way); running thence south 86 de
grees 21 minutes 40 seconds west
along the south right-of-way line of
Memorial Drive a distance of 423.01
feet to a concrete right-of-way monu
ment; continuing south 85 degrees
56 minutes 10 seconds west along
the south right-of-way line of Memori
al Drive a distance of 374.78 feet to
an iron pin; running thence south 04
degrees 03 minutes 50 seconds east
along a line which forms an interior
angle of 90 degrees with the preced
ing course a distance of 800.00 feet
to an iron pin; running thence north
85 degrees 56 minutes 10 seconds
east along a line which forms an in
terior angle of 90 degrees with the
preceding course a distance of
866.90 feet to an iron pin located on
the northwest right-of-way line of
Hambrick Road; running thence
northeasterly along the northwestern
side of Hambrick Road and following
the curvature thereof an arc distance
of 271.0 feet to an iron pin; said last
mentioned arc subtended by a chord
bearing north 15 degrees 03 minutes
30 seconds east a distance of 268.11
feet; running thence north 00 de
grees 29 minutes 30 seconds east
along the west right-of-way line of
Hambrick Road a distance of 341.61
feet to an iron pin; running thence
south 86 degrees 59 minutes 10
seconds west along a line which
forms an interior angle of 86 degrees
29 minutes 40 seconds with the pre
ceding course a distance of 200 feet
to an iron pin; running thence north
00 degrees 29 minutes 30 seconds
east along a line which forms an in
terior angle of 273 degrees 30
minutes 20 seconds with the preced
ing course a distance of 200.00 feet
to an iron pin located on the south
side of Memorial Drive and the
POINT OF BEGINNING; said tract
containing 16.6731 acres, according
to plat of survey by William H, Veal,
Registered Land Surveyor, dated
February 16, 1973, revised February
19,1973, February 21,1973 and fur
ther revised February 22,1973.
TOGETHER WITH rights and ease
ments as contained in that certain
Cross Easement as contained in an
agreement between The Nautilus Re
alty Company, a Delaware corpora
tion, and Developers Diversified Ser
vices, an Ohio Limited Partnership,
dated March 5, 1973, recorded in
Deed Book 2965, Page 175, DeKalb
County Records.
LESS AND EXCEPT THEREFROM
ALL that tract or parcel of land lying
and being in Land Lot 70 of the 18th
District of DeKalb County, Georgia,
and being more fully described as fol
lows:
Beginning at an iron pin located on
the south side of Memorial Drive (150
foot right-of-way) 200 feet west, as
measured along the south right-of-
way of Memorial Drive from its inter
section with the west right-of-way line
of Hambrick Road (80-foot right-of-
way), thence south 86 decrees 21
minutes 40 seconds west along the
arc of a curve deflecting to the left to
a concrete highway marker, said
curve having a radius of 28,572.89
feet, a chord length of 423.01 feet
and arc length of 423.01 feet; thence
continuing along the southerly right-
of-way line of Memorial Drive south
85 degrees 56 minutes 10 seconds
west 174.78 feet to the principal
place of beginning. Thence continu
ing along the southerly right-of-way
line of Memorial Drive south 85 de
grees 56 minutes 10 seconds west
200.0 feet; thence south 04 degrees
03 minutes 50 seconds east 175.00
feet; thence north 85 degrees 56
minutes 10 seconds east 200.00 feet;
thence north 04 degrees 03 minutes
50 seconds west 175.00 feet to the
principal place of beginning. Con
tains 0.8034 acres and is described
according to the plat survey by Veal
Associates, Inc., Registered Land
Surveyors, dated March 29, 1973.
Being the same property conveyed
by Limited Warranty Deed from W &
Z Properties, Ltd., an Ohio limited
partnership formerly known as De
velopers Diversified Services, to De
velopers Diversified Realty Corpora
tion, an Ohio corporation, dated
December 31, 1992, filed for record
February 9, 1993, recorded in Deed
Book 7564, Page 622, in the Office of
the Clerk of the Superior Court of
DeKalb County, Georgia.
The debt secured by said Deed To
Secure Debt and Security Agree
ment has been and is hereby de
clared due because of, among other
possible events of default, failure to
make the payments called for on the
indebtedness secured thereby. The
sale will be made for the purpose of
applying the proceeds thereof to the
payment of the indebtedness and in
terest thereon, attorney's fees and
expenses of sale, and balance re
maining shall be applied as provided
in said Deed To Secure Debt and Se
curity Agreement and as provided by
law. Notice has been given of inten-