The champion newspaper. (Decatur, GA) 19??-current, December 26, 2019, Image 64

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The champion newspaper., December 26, 2019, Image 64

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Newspaper Page TextTHE CHAMPION LEGAL SECTION, THURSDAY, DECEMBER 26, 2019 - JANUARY 1,2020 Page 63 420-430974 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER GEORGIA, DEKALB COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by RV Marks Holdings, LLC to Quantum Merit, LLC, dated November 10, 2017, filed November 15, 2017, and recor ded in Deed Book 26602, Page 593, DeKalb County, Georgia records, conveying the after- described property to secure a Promissory Note in the original principal amount of Five Hun dred Thirty Thousand AND 00/100 Dollars ($530,000.00), with interest thereon as set forth 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 January, 2020, the following described Property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN KIRKWOOD, AT LANTA, GEORGIA, AND IN LAND LOT 206 OF THE 15TH DISTRICT OF DEKALB COUNTY, GEORGIA, BEING LOT 24 OF THE CAMPBELL PROPERTY, AS PER PLAT RECORDED IN DEED BOOK HH, PAGE 17, DEKALB COUNTY RECORDS, AND BE ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTH SIDE OF BIXBY STREET ONE HUNDRED AND FOUR (104) FEET EAST FROM WARREN STREET; RUNNING THENCE EAST ALONG THE SOUTH SIDE OF BIXBY STREET FIFTY-TWO (52) FEET; THENCE SOUTH ONE HUNDRED FORTY THREE (143) FEET; THENCE WEST FIFTY-TWO (52) FEET; THENCE NORTH ONE HUN DRED AND FORTY THREE (143) FEET TO THE POINT OF BEGINNING, BEING KNOWN AS 1889 BIXBY STREET, S.E., FORMERLY 26 BIXBY STREET, KIRKWOOD, AT LANTA, GEORGIA. THAT PROPERTY KNOWN AS 1889 BIXBY STREETM [STREET], S.E. ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOMES AND HAVING TAX PARCEL IDEN TIFICATION NUMBER 15 206 02 146. Said property is known as 1889 Bixby Street SE, Atlanta, GA 30317, together with all fix tures and personal property at tached to and constituting a part of said property, if any. 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 indebtedness as and when due and in the manner provided in the Promissory Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including at torney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of re cord superior to the Deed to Secure Debt first set out above. The entity that has full author ity to negotiate, amend, and modify all terms of the mort gage is Quantum Merit, LLC, 1286 Hawthorne Avenue, Smyrna, GA 30080, Telephone: 678-643-6263 To the best knowledge and be lief of the undersigned, the party in possession of the prop erty is ++RV Marks Holdings, LLC.++ or a tenant or tenants. The sale will be conducted sub ject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Quantum Merit, LLC as Attorney in Fact for RV Marks Holdings, LLC McLain & Merritt, P.C. 3445 Peachtree Road, N.E. Suite 500 Atlanta, GA 30326 404-266-9171 420-430975 12/12,12/19,12/26 1/20 NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT RE: Lender: Marx and Campbell Properties, LLC Borrower: Robert Spurley and Brenda Spurley Promissory Note in favor of Lender dated April 27, 2010 in the original amount of $105,000.00 (hereinafter the “Note”) Maturity Date of Note: May 1, 2013 Encumbered Property: 1732 Camperdown Circle a/k/a Court, Decatur, DeKalb Co., Georgia 30035 Deed to Secure Debt in favor of Lender dated April 27, 2010 re corded in Deed Book 25399, Page 775, DeKalb Co., Geor gia Records (the “Security Deed”) re-recorded in Deed Book 27916, Page 186 afore said records. 120-day Right of Redemption of the Department of the Treasury - Internal Rev enue Service under that cer tain Notice of Federal Tax lien against Robert L. Spurley Re corded October 14, 2019 in Li en Book 2227, Page 522, DeKalb County, Georgia Re cords. Foreclosure Sale Date: Tues day, January 7, 2020 being the first Tuesday in said calendar month. Place of Foreclosure: Before the courthouse doors in DeKalb Co., GA Under and by virtue of the Power of Sale contained in the above described Deed to Se cure Debt (hereinafter the “Se curity Deed”) executed by the above referenced Borrower (hereinafter referred to as the “Grantor”) to and in favor of the above referenced Lender (hereinafter referred to as the “Grantee”) the undersigned will sell at public outcry to the highest bidder for cash at the Place of Foreclosure during the legal hours of sale on the Fore closure Sale Date, the follow ing described real property (hereinafter referred to as the “Encumbered Property”): ALL THAT TRACT OR PAR CEL OF LAND lying and being in Land Lot 189 of the 15th Dis trict, DeKalb County, Georgia, being Lot 4, Block ‘D’, Glen- wood Estates Subdivision, Unit III, Section 2, as per plat recor ded in Plat Book 37, Page 63 of the DeKalb County Clerk of Su perior Court’s records. Subject to all easements, cov enants, and restrictions of re cord, including but not limited to leases, tenant and such ten ants in possession of the above referenced properties. To the best knowledge and be lief of the undersigned, the En cumbered Property is presently in the possession of the Grant or or Grantor’s tenant, or ten ants), successors and/or as signs. The Note having matured but being unpaid and the balance due thereunder having been declared due and payment in full demanded and same still being due and owing, the En cumbered Property will be sold, pursuant to the Lender/Se cured Party’s interest in and to the Encumbered Property un der the Security Deed and the power of sale granted to the Lender/Secured Party thereun der, at the place and during the time set forth above, to the highest bidder for cash, for the purpose of paying the indebted ness due to the Lender/Se cured Party under the Note and secured by the Security Deed, the proceeds of which foreclos ure sale to be applied to the lawful expenses of the foreclos ure sale and then to the pay ment of the Note with accrued and unpaid interest; to sums due the Lender/Secured Party under the terms of the Security Deed or by law; and to attor neys’ fees as allowed under the Note (notice of intent to collect said attorney’s fees having been given) all as provided in the Security Deed. Any bal ance will be distributed as provided by law. In accordance with O.C.G.A. § 44-14-162.2(a), the individual or entity that has full authority to negotiate, amend and modi fy all terms of the Security Deed with the Debtor is: Craig Smith and whose telephone number is 770-713-5980 and email is craig.smith6886@att.net and whose address is P. O. Box 870072, Stone Mountain, GA 30087 is the individual who shall have full authority to ne gotiate, amend and modify all terms of your mortgage loan. This foreclosure sale will be subject to all unpaid ad valor em taxes or assessments (in cluding taxes which are a lien, but not yet due and payable), redemptive rights of the Intern al Revenue Service (if exer cised), the notice required un der 26 USC§ 7425(b)11) hav ing been provided to the IRS 25 days prior to the Foreclosure Sale Date; any matters which might be disclosed by an accur ate survey and inspection of the property, and any liens, en cumbrances, zoning ordin ances, restrictions, covenants, and matters of record which are superior in title to the Security Deed including, but not limited that certain first priority wrapped around security deed in favor of Bank of America, NA recorded on May 29, 2003 in Deed Book 14676, Page 581, aforesaid Records to be paid from the foreclosure sale pur chase price. The foreclosure sale will also be conducted subject to confirmation that the foreclosure sale is not prohib ited under the U.S. Bankruptcy Code and a final confirmation and audit of the status of the in debtedness due under the Note with the Lender above named including pursuant to the provi sions of O.C.G.A. Sec. 9-13- 172.1. Marx and Campbell Properties, LLC Attorney-in-Fact for ++Robert Spurley and Brenda Spurley++ John R. Grimes, Attorney for Grantee above named LEFKOFF, DUNCAN, GRIMES, MCSWAIN & HASS, P.C. 3520 Piedmont Road, N.E., Suite 200 Atlanta, GA 30305 (404) 262-2000 Email: jgrimes@Iefkoff- duncan.com To the extent that the above referenced law firm is deemed to be a debt collector, this law firm is attempting to collect a debt, any information obtained will be used for such purpose. 420-430977 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from CRC De velopment Holdings, Inc. to Ae gis Asset Backed Securities, LLC dated December 20, 2017 filed for record December 29, 2017 and recorded in Deed Book 26676, Page 246 DeKalb County, Georgia Records as last transferred to 1S REO Op portunity 1, LLC by assignment to be recorded in Dekalb County, Georgia Records. , said Deed to Secure Debt hav ing been given to secure a Note dated DECEMBER 20, 2017 in the original principal sum of Two Hundred Ninety- Two Thousand Five Hundred and 00/100 Dollars (U.S. $292,500.00),, with interest from date at the rate stated in said Note on the unpaid bal ance until paid, there will be sold by the undersigned at pub lic outcry to the highest bidder for cash before the Courthouse door at DEKALB County, Geor gia, within the legal hours of sale on the first Tuesday in JANUARY 7, 2019. (January 7, 2020) the following described property: All that tract or parcel of land ly ing and being in Land Lot No. 171, of the 15th District, of Dekalb County, Georgia, being Lot No. 75, Block F, Buena Vista Heights Subdivision, as per plat recorded in Plat Book 15, Page 32, Dekalb County, Georgia Records, which plat is hereby adopted and made a part hereof by reference thereto for a more complete descrip tion of said property, being im- proved property now or formerly known as 544 Ashbur ton Avenue, according to the present system of numbering in Dekalb County, Georgia. Being the same property as that conveyed by LLC, as re corded October 19, 2017, at Deed Book 26552, Page 462, Dekalb County, Georgia re cords. As corrected by Correct ive Warranty Deed dated Octo ber 3, 2017, from Angela Jordan to DB Stone Consulting, Inc., as recorded December 29, 2017, at Deed Book 26676, Page 242, Dekalb County, Georgia records. Being Tax Parcel ID #15-171- 20-005 The debt secured by said Deed to Secure Debt 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 pay ing the same and all expenses of this sale, as provided in the Note and Security Deed and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). 1 SHARPE OPPORTUNITY IN TERMEDIATE TRUST is the current owner of the loan. Said property is commonly known as 544 ASHBURTON AVENUE, DECATUR, GA 30032 together with all fixtures and personal property attached to and consti tuting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in posses sion of the subject property is (are): ++CRC DEVELOPMENT HOLDINGS, INC .++ or tenant or tenants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: (). Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage in strument. Said property will be sold sub ject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing au thority, (c) any matters which might be disclosed by an accur ate survey and inspection of the property, and (d) any as sessments, liens, encum brances, zoning ordinances, re strictions, covenants, and mat ters of record superior to the Security Deed first set out above. Said property will be sold subject to: (a) any out standing ad valorem taxes (in cluding 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 pay able or not yet due and pay able and which may not be of record, (c) the right of redemp tion of any taxing authority, (d) any matters which might be dis closed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordin ances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be con ducted subject to (1) confirma tion that the sale is not prohib ited under the U.S. Bankruptcy 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 proced ures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other fore closure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. 1 SHARPE OPPORTUNITY IN TERMEDIATE TRUST., Attor- ney-in-Fact for CRC DEVELOPMENT HOLD INGS, INC. Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 420-430978 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from Leonard C. Mitchell and Lydia C. Mitchell to Guaranty Home Equity Corporation d/b/a GB Home Equity, in the principal amount of $51,000,010, as re corded November 14, 2002, at Deed Book 13874, Page 177, Dekalb County, Georgia re- cords.as transferred by assign ment West Coast Capital Group, Inc. a 50% interest and to John Coonis a 50% interest, as recorded June 3, 2019, at Deed Book 27583, Page 564, Dekalb County, Georgia re cords. , said Deed to Secure Debt having been given to se cure a Note dated NOVEM BER 5, 2002 in the original principal sum of Fifty-One Thousand and 00/100 Dollars (U.S. $51,000.00),, with in terest from date at the rate stated in said Note on the un paid 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 leg al hours of sale on the first Tuesday in JANUARY, 2020. (January 7, 2020) the following described property: All that tract or parcel of land ly ing and being in Land Lot No. 148, of the 18th District, of Dekalb County, Georgia, being improved property now or formerly known as 2456 Leafg- ate Road, according to the present system of numbering in Dekalb County, Georgia, and being more particularly de scribed as follows: Being Condominium Unit No. 4, Building 12, Leafmore Forest Condominium, as more particu larly described and delineated in that certain Declaration of Condominium for Leafmore Forest Condominium, as recor ded in Deed Book 2810, Pages 305-346, Dekalb County, Geor gia records, as amended at Deed Book 2834, page 389; at deed book 3122, page 31; and, at deed book 3251, page 364; all Dekalb County, Georgia re cords, as the same may be amended, the interest herein includes, without limiting the generality of the foregoing, the undivided 1.000% percentage interest in the common ele ments of Leafmore Forest Con dominium appurtenant to the Unit as the same is specified in the Declaration. This conveyance is made sub ject to the Declaration and all matters referenced therein, all matters shown on the plat re corded in Condominium Plat Book 1, Page 27, Dekalb County, Georgia records, as amended at Condominium Plat Book 1, Page 66; at Condomin ium Plat Book 1, Page 70; at Condominium Plat Book 1, Page 88; at Condominium Plat Book 1, Page 90; and, at Con dominium Plat Book 1, Page 127; all Dekalb County, Geor gia records, as the same may be revised, which Declaration and plat are hereby adopted and made a part hereof by ref erence thereto for a more com plete description of said prop erty. This conveyance is made sub ject to all the provisions in said Declaration and the Georgia Condominium Act, Official Code of Georgia Annotated, Section 44-3-70, et seq. The property herein conveyed is in tended solely for use as provided in said Declaration. Being the same property as that conveyed by Warranty deed dated September 16, 2002, from Leonard C. Mitchell and Lydia C. Mitchell to Le onard C. Mitchell and Lydia C. Mitchell (JTWROS), as recor ded November 1, 2002, at Deed Book 13817, Page 536, Dekalb County, Georgia re cords. Being Tax Parcel ID #18-148- 14-031 This is being given subject to that certain Security Deed from Leonard C. Mitchell and Lydia C. Mitchell to Monticello Bank dated September 16, 2002 filed for record November 1, 2002 and recorded at Deed Book 13817, page 538, DeKalb County, Georgia Records. The debt secured by said Deed to Secure Debt 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 pay ing the same and all expenses of this sale, as provided in the Note and Security Deed and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). WEST COAST CAPITAL GROUP, INC. AND JOHN COONIS is the current owner of the loan. Said property is com monly known as 2456 LEAFG- ATE ROAD, DECATUR, GA 30013 together with all fixtures and personal property at tached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): ES TATE OF LEONARD C. MITCHELL and LYDIA C. MITCHELL or tenant or ten ants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: FCI LENDER SERVICES, INC. PO BOX 27370 ANAHEIM, CA 92809 (714-282-2424). Please understand that the secured creditor is not required to nego tiate, amend, or modify the terms of the mortgage instru ment. Said property will be sold sub ject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing au thority, (c) any matters which might be disclosed by an accur ate survey and inspection of the property, and (d) any as sessments, liens, encum brances, zoning ordinances, re strictions, covenants, and mat ters of record superior to the Security Deed first set out above. Said property will be sold subject to: (a) any out standing ad valorem taxes (in cluding 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 pay able or not yet due and pay able and which may not be of record, (c) the right of redemp tion of any taxing authority, (d) any matters which might be dis closed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordin ances, restrictions, covenants, and matters of record superior