The champion newspaper. (Decatur, GA) 19??-current, December 26, 2019, Image 65

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The champion newspaper., December 26, 2019, Image 65

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Newspaper Page TextPAGE 64 THE CHAMPION LEGAL SECTION, THURSDAY, DECEMBER 26, 2019 - JANUARY 1,2020 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. WEST COAST CAPITAL GROUP, INC. AND JOHN COONIS., Attorney-in-Fact for ++LEONARD C. MITCHELL AND LYDIA C. MITCHELL ++ Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 420-430979 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER DEKALB COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in that certain First Priority Deed to Secure Debt given by Vakelvi- on K. Holmes ("Borrower") to and in favor of Habitat for Hu- manity-DeKalb, Inc. (“Lender"), its successors and assigns dated September 23, 2010, filed for record on October 4, 2010, and recorded in Deed Book 22160, Page 19, DeKalb County, Georgia records (the “Security Deed"); said Security Deed being given to secure a Promissory Note (herein “Note"), made by Borrower in favor of Lender, in the original principal amount of ONE HUN DRED FIFTEEN THOUSAND DOLLARS ($115,000.00), to gether with interest on the Note from the date thereof at the rate as provided therein 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, the following described property (the “Property”): ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOT 34, 18TH DISTRICT, DEKALB COUNTY, GEORGIA, LOT 9, UNIT SIX, STONEWOOD SUBDIVISON AND MORE PARTICULARY DESCRIBED AS FOLLOWS: TO FIND A POINT OF BEGIN NING COMMENCE FROM THE NORTHERN POINT OF INTERSECTION OF MINCEY COURT (HAVING A 50 FOOT RIGHT-OF-WAY) AND MIN CEY ROAD THENCE 395 FEET ALONG THE EASTERN RIGHT-OF-WAY OF MINCEY COURT TO AN IRON PIN SET AND THE POINT OF BEGIN NING. HAVING ESTABLISHED A POINT OF BEGINNING THENCE ALONG A CURVE TO THE LEFT WITH AN ARC DISCTANCE OF 49.10 FEET, HAVING A RADIUS OF 58.78 FEET, AND A CHORD BEAR ING OF NORTH 00 DEGREES 59 MINUTES 55 SECONDS EAST A DISTANCE OF 47.68 FEET TO AN IRON PIN SET; THENCE NORTH 69 DE- FREES 11 MINUTES 26 SECONDS EAST A DIS TANCE OF 179.80 FEET TO A REBAR FOUND; THENCE SOUTH 07 DEGREES 19 MINUTES 55 SECONDS WEST A DISTANCE OF 183.43 FEET TO AN OPEN TOP FOUND; THENCE NORTH 64 DEGREES 11 MINUTES 15 SECONDS WEST A DISTANCE OF 161.62 FEET TO AN IRON PIN SET AND THE POINT OF BE GINNING. AS SHOWN ON SURVEY FOR HABITAT FOR HUMANITY- DEKALB, BY GADDY SUR VEYING & DESIGN, INC., V.F. GADDY, JR., LICENCE NUM BER 2661, DATED MARCH 25, 2010. SAID PROPERTY CON TAINING APPROXIMATLEY 0.41 ACRES MORE OR LESS. KNOWN AS 615 MINCEY COURT ACCORDING TO THE PRESENT SYSTEM OF NUM BERING HOUSES IN DEKALB COUNTY, GEORGIA. The debt secured by said Se curity Deed has been and is hereby declared due because of, among other possible events of default, failure to comply with the terms of the Note. The debt remaining in de fault, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees (no tice of intent to collect attor neys’ fees having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an “as-is” basis without any rep resentation, warranty or re course against the above- named or the undersigned. The sale will be held subject to the following items which may af fect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an ac curate survey or by an inspec tion of the property; all zoning ordinances; assessments; li ens; encumbrances; restric tions; covenants, and any oth er matters of records superior to said Security Deed. To the best knowledge and be lief of Lender, the described Property is in the possession of Borrower or tenant(s), and said Property is more commonly known as 615 Mincey Court, Stone Mountain, Georgia 30087. The sale will be conducted sub ject 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. Scott B. McMahan, at Poole Huffman, LLC, 3562 Haber sham at Northlake, Building J, Suite 200, Tucker, Georgia 30084, Telephone: 404-373- 4008, a representative for Lender, is the individual who has full authority to negotiate, amend, and modify all terms of the mortgage with you. HABITAT FOR HUMANITY- DEKALB, INC. as Attorney-in-Fact for ++VAKELVION K. HOLMES++ Scott B. McMahan, Esq. Poole Huffman, LLC 3562 Habersham at Northlake Building J, Suite 200 Tucker, Georgia 30084 Telephone: 404-373-4008 Fax: 888-709-5723 THIS COMMUNICATION IS AN EFFORT TO COLLECT A DEBT BY A DEBT COLLECT OR. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 420-430980 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER DEKALB COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in that certain First Priority Deed to Secure Debt given by Amanda Chapman ( “Borrower”) to and in favor of Habitat for Humanity- DeKalb, Inc. (“Lender”), its suc cessors and assigns dated Ju ly 28, 2011, filed for record on July 29, 2011, and recorded in Deed Book 22562, Page 467, DeKalb County, Georgia re cords (the “Security Deed”); said Security Deed being given to secure a Promissory Note (herein “Note”), made by Bor rower in favor of Lender, in the original principal amount of EIGHTY-TWO THOUSAND DOLLARS ($82,000.00), to gether with interest on the Note from the date thereof at the rate as provided therein 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, the following described property (the “Property”): ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOT 186 OF THE 15TH DISTRICT, DEKALB COUNTY, GEORGIA, AND BE ING SHOWN AS LOT 10, BLOCK “B”, PARKHILL, UNIT ONE, ON A PLAT OF SUR VEY OF SAME RECORDED IN PLAT BOOK 95, PAGE 26, PUBLIC RECORDS OF DEKALB COUNTY, GEORGIA, WHICH PLAT IS BY REFER ENCE THERETO INCORPOR ATE HEREIN AND MADE A PART HEREOF FOR A MORE PARTICULAR AND COM PLETE DESCRIPTION. KNOWN AS: 1707 PARKHILL DRIVE, DECATUR, GA 30032 PARCEL ID: 15 186 12 017 The debt secured by said Se curity Deed has been and is hereby declared due because of, among other possible events of default, failure to comply with the terms of the Note. The debt remaining in de fault, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees (no tice of intent to collect attor neys’ fees having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an “as-is” basis without any rep resentation, warranty or re course against the above- named or the undersigned. The sale will be held subject to the following items which may af fect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an ac curate survey or by an inspec tion of the property; all zoning ordinances; assessments; li ens; encumbrances; restric tions; covenants, and any oth er matters of records superior to said Security Deed. To the best knowledge and be lief of Lender, the described Property is in the possession of Borrower or tenant(s), and said Property is more commonly known as 1707 Parkhill Drive, Decatur, Georgia 30032. The sale will be conducted sub ject 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. Scott B. McMahan, at Poole Huffman, LLC, 3562 Haber sham at Northlake, Building J ; Suite 200, Tucker, Georgia 30084, Telephone: 404-373- 4008, a representative for Lender, is the individual who has full authority to negotiate, amend, and modify all terms of the mortgage with you. HABITAT FOR HUMANITY- DEKALB, INC. as Attorney-in-Fact for ++AMANDA CHAPMAN++ Scott B. McMahan, Esq. Poole Huffman, LLC 3562 Habersham at Northlake Building J, Suite 200 Tucker, Georgia 30084 Telephone: 404-373-4008 Fax: 888-709-5723 THIS COMMUNICATION IS AN EFFORT TO COLLECT A DEBT BY A DEBT COLLECT OR. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 420-430981 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER DEKALB COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt given by ++Great Walls Con struction, LLC++ (“Borrower”) to and in favor of Pennylane Funding, LLC, dated August 8, 2019, and recorded in Deed Book 27785, Page 265, et seq., of the DeKalb County, Georgia records; as assigned by Pennylane Funding, LLC to Sit us Funding Solutions, LLC (“Lender"), by that Assignment of Deed to Secure Debt, dated October 24, 2019, filed for re cord on October 28, 2019, and recorded at Deed Book 27885, Page 677, of the DeKalb County, Georgia records (the “Security Deed”); said Security Deed being given to secure a Commercial Note (“Note”) made by Borrower in favor of Lender, dated August 8, 2019, in the original principal amount of THREE HUNDRED THOU SAND DOLLARS and 00 cents ($300,000.00), together with in terest 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 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 2020, the following de- scribed property (the “Property”): All that tract and parcel of land lying and being in the City of Atlanta (formerly Kirkwood) in Land Lot 206 of the 15th Dis trict of DeKalb County, Geor gia, and more particularly de scribed as follows: Beginning at a point on the West side of Campbell Street three hundred (300) feet South from the Southwest corner of Campbell and Bixby (formerly Clay) Streets; thence South along the West side of Camp bell Street fifty (50) feet; thence West on hundred thirty (130) feet; thence North fifty (50) feet; thence East one hundred thirty (130) feet to beginning point; being Lot 15 of plat of Camp bell Property recorded in Deed Book HH Page 17, DeKalb County Records, and being known as number 163 Camp bell Street, Southeast, accord ing to the present numbering of houses in the City of Atlanta. Tax ID 15 206 02 139 The debt secured by said Se curity Deed has been and is hereby declared due because of, among other possible events of default, failure to comply with the repayment terms of the Note. The debt re maining in default, this sale will be made for the purpose of paying the same and all ex penses of this sale, including attorneys’ fees (notice of intent to collect attorneys’ fees hav ing been given) and all other payments provided for under the terms of the Note. Said property will be sold on an “as-is” basis without any rep resentation, warranty or re course against the above- named or the undersigned. The sale will be held subject to the following items which may af fect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an ac curate survey or by an inspec tion of the property; all zoning ordinances; assessments; li ens; encumbrances; restric tions; covenants, and any oth er matters of records superior to said Security Deed. To the best knowledge and be lief of Lender, the described Property is in the possession of Borrowers or tenant(s), and said Property is more com monly known as 163 Campbell Street, Atlanta, 30317, DeKalb County, Georgia. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bank ruptcy Code and (2) final con firmation and audit as to the status of the amounts owed with the holder of the Security Deed. Daniel A. Greene, at Poole Huffman, LLC, 3562 Haber sham at Northlake, Building J, Suite 200, Tucker, Georgia 30084, Telephone: 404-373- 4008, a representative for Lender, is the individual who has full authority to negotiate, amend, and modify all terms of the Note and Security Deed. 420-430982 12/12,12/19,12/26 1/2jj NOTICE OF SALE UNDER POWER GEORGIA, DEKALB COUNTY By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from CHARLES S, FINCH and ELLEN NIXON FINCH, Georgia residents (“Borrower”), to BINANAT CAP ITAL, LLC, a Georgia limited li ability company (“Lender”) said Deed to Secure Debt and Se curity Agreement being dated February 1, 2019, filed and re corded February 20, 2019 in Deed Book 27395, Page 291, records of DeKalb County Su perior Court Clerk (the “Secur ity Deed”), to secure a Promis sory Note in the original princip al amount of $125,000.00 (the “Note”), together with interest 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 outcry to the highest bidder for cash before the court house door at Fulton County, Georgia, within the legal hours of sale on Tuesday, January 7, 2020, the following described property (the “Property”): All that tract or parcel of land ly ing and being in Land Lot 35 of the 15th District of DeKalb County, Georgia, being Lot 18, Block E, Chapel Hill, Unit V, Section II, Phase II as per plat recorded in Plat Book 60, Page 156, DeKalb County records, which plat is hereby referred to and made a part of this descrip tion, being property known as No. 3831 Valpariso Circle, ac cording to the present system of numbering houses in DeKalb County, Georgia, as more par ticularly shown on that certain plat of survey prepared by J. A. Evans Surveying Co., Inc., dated July 1, 1988. TOGETHER with all the im provements now or hereafter erected on the Property, and all easements, rights, appurten ances and rents, all of which shall be deemed to be and re main a part of the Property. AND TOGETHER WITH all rights, easements, appurten ances, royalties, mineral rights, oil and gas rights, crops, tim ber, all diversion payments or third party payments made to crop producers, all water and ri parian rights, wells, ditches, reservoirs, and water stock and all existing and future improve ments, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate de scribed above. AND TOGETHER WITH all right, title and interest of Grant or in and to all tangible person al property (the “Personal Prop erty”) owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including machinery and equip ment, furniture, furnishings and fixtures, and all inventory, and if this instrument is a construc tion mortgage, all construction materials and equipment; and all right of claim with respect to the proceeds of insurance which Grantor now or may hereafter acquire in the Prop erty, Improvements, and Per sonal Property, and any and awards made for the taking by eminent domain, or by pro ceeding or purchase in lieu thereof, of the whole or any part of the Property and Im provements. The debt secured by said Se curity Deed has been and is hereby declared due because of various events of default, in cluding without limitation the failure to make payments when due. The debt remaining in de fault, this sale will be made for the purpose of applying the proceeds thereof to the pay ment of the debt secured by said Security Deed, all accrued interest and the expenses of the sale and all other pay ments provided for under said Security Deed, including attor neys’ fees (notice of intent to collect attorneys’ fees having been given); and the re mainder, if any, shall be ap plied as provided by law. Lender hereby reserves the right to sell the Property in one (1) parcel as an entirety, or in several parcels, as Lender may elect. 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, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of re cord superior to the Security Deed first set out above. Robert Storm at BinaNat Capit al, LLC, can be contacted at 770/714-4554 or by writing to Post Office Box 330538, At lantic Beach, Florida 32233, to discuss alternatives to foreclos ure. Mr. Storm has full author ity to negotiate, amend, and modify all terms of the Security Deed with Borrower on behalf of Lender. PLEASE UNDERSTAND THAT THE SECURED CREDITOR IS NOT REQUIRED BY LAW TO NEGOTIATE, AMEND, OR MODIFY THE TERMS OF THE INSTRUMENTS REFER ENCED HEREIN. To the best of the knowledge and belief of the undersigned, the party in possession of the property is the Borrower, or a tenant or tenants. The sale will be conducted subject to (1) to confirmation that the sale is not prohibited under the U.S. Bank ruptcy Code and (2) to final confirmation and audit of the status of the loan with the hold er of the Security Deed. BINANAT CAPITAL, LLC Nathan T. Johns, Esquire Attorney for BinaNat Capital. LLC MendenFreiman LLP 5565 Glenridge Connector NE, Suite 850 Atlanta, Georgia 30342 (770) 559-5592 + + O u r File No. 3840.1 47/FINCH + + THIS LAW FIRM IS ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 420-430983 12/12,12/19,12/26 1/2jj STATE OF GEORGIA DEKALB COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from Pamela S. Carter and Gary L. Carter, Jr. to Access to Capital for Entre preneurs, Inc. (Original Lender), dated February 10, 2016, filed for record February 29, 2016, and recorded in Deed Book 25419, Pages 246-267, DeKalb County, Georgia Re cords, said Deed to Secure Debt having been given to se cure a Note dated February 10, 2016, in the original principal sum of Two Hundred Forty Eight Thousand Dollars ($248,000.00), 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, Janu ary 7, 2020, the property de scribed on Exhibit “A” attached hereto and incorporated herein by reference. 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, non-payment of the monthly installments on said loan. The debt remaining in de fault, this sale will be made for the purpose of paying the same