The champion newspaper. (Decatur, GA) 19??-current, March 07, 2024, Image 73

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The champion newspaper., March 07, 2024, Image 73

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Newspaper Page TextPage 73 THE CHAMPION LEGAL SECTION, THURSDAY, MARCH 7- 13, 2024 30032. This sale will be conducted subject (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. CITIZENS TRUST BANK as attorney in fact for ++NYA HOLDINGS, LLC++ Simpson, Uchitel & Wilson, L.L.P. Attn: A. Christian Wilson, Esq. One Securities Centre, Suite 1100 3490 Piedmont Rd., NE Atlanta, GA 30305 (404) 266-2421 cwilson@suwllp.com THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COL LECT A DEBT. ANY INFORM ATION OBTAINED WILL BE USED FOR THAT PURPOSE. 420-483505 3/7,3/14,3/21,3/28 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 Security Deed from Qiani To- moro Davenport to Renasant Bank, dated July 21, 2022 and recorded in Deed Book 30471 Page 410, in the offices of the Clerk of the Superior Court of DeKalb County, Georgia (as same may have been modified from time to time, collectively the “Security Deed”); the under signed will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of DeKalb County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2024, the following de scribed real property, to wit: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOT 188 OF THE 16TH DISTRICT, DEKALB COUNTY, GEORGIA, BEING LOT 90, OF CREEKSIDE VIL LAGE TOWNHOMES, PHASE 1A, AS PER PLAT RECOR DED IN PLAT BOOK 299. PAGES 41-47, DEKALB COUNTY, GEORGIA RE CORDS, SAID PLAT IS RE FERRED TO FOR A MORE COMPLETE DESCRIPTION. PROPERTY BEING MORE COMMONLY KNOWN AS: 7662 GRAY POINTE DRIVE, LITHONIA, DEKALB COUNTY, GEORGIA 30058. The debt secured by the Secur ity Deed is evidenced by a Note, dated July 21, 2022, ex ecuted by Qiani Tomoro Dav enport to Renasant Bank, in the original principal amount of $285,970.00 (as same may have been further modified, re newed or amended, the "Note"), plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and con tinues under the terms of the Note and Security Deed by reason of, among other pos sible events of default, the non payment when due of the in debtedness evidenced by the Note and secured by the Se curity Deed and the failure to comply with the terms and con ditions of the Note and Secur ity Deed. By reason of this de fault, the Security Deed has been declared foreclosable ac cording to its terms. The above-described real prop erty will be sold to the highest and best bidder for cash as the property of Qiani Tomoro Dav enport, the proceeds to be ap plied to the payment of said in debtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the follow ing: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Ser vice, if any; and all other prior assessments, easements, re strictions or matters of record. To the best of the undersigned's knowledge and belief, the real property is presently owned by Qiani To moro Davenport. To the best of the undersigned's knowledge and belief, the party in possession of the real property is Qiani To moro Davenport, and tenants holding under Qiani Tomoro Davenport. Renasant Bank, as Attorney-in- Fact for ++Qiani Tomoro Dav enport^. M. Todd Westfall, Esquire WESTFALL, LLC 4994 Lower Roswell Rd, Ste 6, Marietta, Georgia 30068 (678) 384-7005 420-483522 3/7,3/14,3/21,3/28 NOTICE OF SALE UNDER POWER THE LAW FIRM IS ACTING AS A DEBT COLLECTOR, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Pursuant to the Power of Sale contained in a Security Deed given by Star Capital Invest ment Group LLC to MMC 318, LLC and Bright Sunny Homes, LLC, as grantee, dated July 22, 2022 and recorded July 27, 2022 in Deed Book 30479 Page 164 DeKalb County, Georgia records, conveying the after-described property to se cure a Note in the original prin cipal amount of $240,000.00, with interest at the rate spe cified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of DeKalb County, Geor gia (or such other area as des ignated by Order of the Superi or Court of said county), within the legal hours of sale on April 2, 2024 (being the first Tues day of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOT 38 OF THE 18TH DISTRICT, DEKALB COUNTY, GEORGIA, BEING LOT 64, BLOCK F OF VILLA NUEVA SUBDIVISION, UNIT FOUR AS PER PLAT RECOR DED IN PLAT BOOK 59, PAGE 115 DEKALB COUNTY RE CORDS WHICH PLAT IS IN CORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. Parcel ID No. 18 038 09 054 Notice has been sent in accord ance with O.C.G.A. Section 44- 14-162.2 and the debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, fail ure to pay the indebtedness as and when due and in the man ner provided in the Note and Security Deed. 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, as provided in the Security Deed and by law, including attorney's fees which proper notice of intent to collect attorney's fees having been given. Said property is commonly known as 815 San Miguel Drive, Stone Mountain, GA 30083 together with all fix tures 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): Star Capital Investment Group LLC or tenant or tenants. Joshua Rand or Rand & Asso ciates, LLC is the entity or indi vidual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage whose contact in formation is showing below. Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that con stitute a lien against the prop erty whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any mat ters which might be disclosed by an accurate survey and in spection of the property, and (e) any assessments, liens, en cumbrances, 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. MMC 318, LLC and Bright Sunny Homes, LLC as agent and Attorney in Fact for ++Star Capital Investment Group LLC++ by Rand & Asso ciates, LLC 9755 Dogwood Road Suite 250 Roswell, GA 30075 (678) 597-4950 File No. 24-135 THIS LAW FIRM MAY BE ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PUR POSE. 420-483524 3/7,3/14,3/21,3/28 NOTICE OF SALE UNDER POWER COUNTY OF DEKALB STATE OF GEORGIA Under and by virtue of the power of sale contained in that certain Security Deed dated April 4, 2017 from Russell Pat terson (collectively, “Debtor” or “Grantor”) granting Zion Gigas Realty, LLC (“Lender”) a secur ity interest in that certain real property known as 4732 Hunts man Bend, Decatur, GA 30034, as more particularly described therein (the “Property”), recor ded on April 6, 2017 at Deed Book 26178, Page 446, DeKalb County, Georgia records, (the “Security Deed”), which se cures that certain promissory note dated April 4, 2017 from Grantor to Lender in the origin- al principal amount of $150,000.00, with interest from the date thereof at the rate spe cified therein, as previously or subsequently amended, modi fied or replaced (“Note”), there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Court house door in DeKalb County, Georgia, on April 2, 2024 the following described land, im provements and appurten ances (hereinafter collectively referred to as the “Premises”) to wit: All that tract or parcel of land ly ing and being in Land Lot 97 of the 15th District of DeKalb County, Georgia, being Lot 12, Block D, Unit One Addition, Foxchase Subdivision) as per Plat recorded in Plat Book 55, Page 94 of the records of the Clerk of the Superior Court of DeKalb County, Georgia which plat is incorporated herein and made a part hereof by refer ence. All as shown on Plat of Survey for "Julia Francis Azar" dated April 15, 197;7, as pre pared by Alvin B. Vaughan and Associates, Registered Land Surveyors. Tax ID No. 15 097 04 004. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Se curity Deed therefore has be come and is now foreclosable according to its terms. Accord ingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. The Debtor has been notified of the same, pursuant to O.C.G.A. §44-14-162.2. The Premises will be sold on an “as is, where is” basis without recourse against Lin ear or its auctioneer or other agents and without representa tion or warranty of any kind or nature whatsoever by Linear or its auctioneer or other agents with respect thereto. All per sons attending the sale will be given an opportunity to bid on a competitive basis. Linear may offer the Property for sale, may adjourn and withdraw the sale and recommence the sale in its discretion. Linear reserves the right, in its discretion, to reject any and all bids that do not meet its minimum reserve price. The proceeds of the sale are to be applied first to the ex penses of the sale and all pro ceedings in connection there with, including attorneys’ fees (notice of intention to collect at torneys' fees having been giv en), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, sub ject to all restrictions, ease ments and other matters of re cord that are prior to the Secur ity Deed and to which the Se curity Deed is subject and to any unpaid city, county and state ad valorem taxes or as sessments relating to the Premises. The name, address and tele phone number of the individual or entity who has full authority to negotiate, amend and modi fy all terms of the mortgage with the debtors is: Zion Gigas Realty, LLC c/o Victoria Bonitto 12000 SW 87 Avenue Miami, FL 33176 305.903.1350 Nothing herein, however, shall obligate Linear to negotiate, amend or modify the terms of the mortgage or loan. To the best of the undersigned’s knowledge and belief, the owner of the Premises is Russell Patterson and the party or parties in pos session of the Premises are Russell Patterson or tenants of Russell Patterson. Zion Gigas Realty, LLC As Attorney-in-Fact for ++Russell Patterson++ Beth E. Rogers, Esq. ROGERS LAW OFFICES 9040 Roswell Road, Suite 205 Atlanta, GA 30350 (770) 685-6320 phone (678) 990-9959 fax Foreclosures: Commercial 430-483469 3/7,3/14,3/21,3/28 NOTICE OF POWER OF SALE CONTAINED IN DEED TO SECURE DEBT, ASSIGNMENT OF LEASES AND RENTS, FIXTURE FILING, AND SECURITY AGREEMENT STATE OF GEORGIA COUNTY OF DEKALB Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Leases and Rents, Fixture Filing, and Se curity Agreement from HOME- BILT INC., a Georgia corpora tion (hereinafter referred to as “Borrower"), to Arixa Enhanced Income Fund, L.P., a California limited partnership (hereinafter referred to as “Original Lender"), dated March 4, 2022, recorded March 11, 2022, in Deed Book 30187, Page 575, DeKalb County, Georgia Re cords, as assigned from Origin al Lender to ARIXA EN HANCED INCOME FUND SUBSIDIARY III, LLC, a Delaware limited liability com pany (hereinafter referred to as “Lender”), pursuant to that cer tain Assignment of Deed to Se cure Debt dated September 6, 2023, recorded September 7, 2023, in Deed Book 31081, Page 338, DeKalb County, Georgia Records (collectively, the “Security Deed”), the under signed, as Attorney-in-Fact for Borrower, will sell at public out cry to the highest and best bid der for cash, between the legal hours of sale before the Court house door of DeKalb County, Georgia, on the first Tuesday in April, 2024 (April 2, 2024) the following described property, to wit (collectively, the “Property”): ALL that tract or parcel of land lying and being in Land Lot 54 of the18th District of DeKalb County, Georgia, more particu larly described as follows: BEGINNING at the Northwest corner of Briarcliff and North Decatur Roads and running thence in a Northeasterly direc tion along the Northwest side of Briarcliff Road 79 feet; thence Northwesterly 200.8 feet more or less to the middle of a 10 foot alley; thence Southwest erly along the middle of said al ley 60 feet to the North Dec atur Road; thence Southeast erly along the Northern side of the North Decatur Road, 200.8 feet to beginning point; being the same property conveyed from W.W. Causey to Walter B. Phelps, on July 22nd, 1926, and recorded in Book 231, Page 393, DeKalb County Re cords. This Deed carries with it the right to use a 10 foot alley on the Western boundary of the above described property; said alley having been established by virtue of an instrument between W.W. Causey and the Metropolitan Land Company re corded in Deed Book 171, Page 64, DeKalb County Re cords. Said Security Deed was given to secure a Secured Note from Borrower in favor of Original Lender dated March 4, 2022, in the original principal amount of ONE MILLION THREE HUN DRED TWENTY THOUSAND AND NO/HUNDREDTHS DOL LARS ($1,320,000.00), as as signed from Original Lender to Lender pursuant to that certain Allonge to Secured Note dated August 30, 2023 (collectively the “Secured Note”), together with all other indebtedness, whether direct or indirect, ow ing or to be owed by Borrower to Lender. The Secured Note accrues interest as provided therein until paid. On account of defaults in the terms of the Secured Note, the Security Deed and other loan documents, including Borrower’s failure to pay the in debtedness in full at maturity, Lender, the present holder of said Security Deed and Se cured Note, has declared the entire unpaid principal balance of all obligations secured by said Security Deed, including interest to the date of sale, to be due and payable immedi ately. The debt remaining in default and unpaid, this sale will be for the purpose of satisfying the principal and interest due, amounts, if any, expended by Lender to protect its interest in the Property, and all expenses of this sale, including, without limitation, attorneys’ fees. The Property will be sold sub ject to outstanding ad valorem taxes and/or assessments, and superior easements, restric tions and rights-of-way and oth er superior matters of record, if any. The undersigned will ex ecute a deed to the purchaser at the sale as provided in the aforesaid Security Deed. To the best knowledge and be lief of Lender, the equitable title to the Property is vested in Bor rower, and the party in posses sion of the Property is either Borrower or a tenant or tenants claiming under Borrower. ARIXA ENHANCED INCOME FUND SUBSIDIARY III, LLC, as Attorney-in-Fact for + + HOMEBILT INC + + . Laura L. Seidel, Esq. Ballard Spahr LLP 999 Peachtree Street, Suite 1600 Atlanta, Georgia 30309 678.420.9312 430-483470 3/7,3/14,3/21,3/28 STATE OF GEORGIA COUNTY OF DEKALB NOTICE OF SALE UNDER POWER WHEREAS, Albany Road-Ash- wood LLC, a Delaware limited liability company (“Borrower"), executed and delivered to JP- Morgan Chase Bank, National Association, a banking associ ation chartered under the laws of the United States of Amer ica (“Original Lender*), that cer tain Deed to Secure Debt, As signment of Leases and Rents, Security Agreement and Fix ture Filing, dated as of May 28, 2015, filed and recorded June 23, 2015, in Deed Book 25009, Page 75, with the Clerk of the Superior Court of DeKalb County, Georgia (the “DeKalb County Records”), as en dorsed, assigned, sold, trans ferred and delivered by Origin al Lender to Wilmington Trust, National Association, as Trust ee for the benefit of the Re gistered Holders of JPMBB Commercial Mortgage Securit ies Trust 2015-C30, Commer cial Mortgage Pass-Through Certificates, Series 2015-C30 (“Interim Holder”) pursuant to that certain Assignment of Deed to Secure Debt, Assign ment of Leases and Rents, Se curity Agreement and Fixture Filing, dated effective as of Ju ly 28, 2015, filed and recorded September 28, 2015, in Deed Book 25178, Page 689, in the DeKalb County Records, as modified by that certain Modi fication to Deed to Secure Debt, Assignment of Leases and Rents, Security Agree ment and Fixture Filing dated as of November 26, 2019, filed and recorded January 28, 2020, in Deed Book 28072, Page 640, in the DeKalb County Records, as further en dorsed, assigned, sold, trans ferred and delivered by Interim Holder to JPMBB 2015-C30 Ashwood Parkway, LLC, a Georgia limited liability com pany (“Holder”) pursuant to that certain Assignment of Deed to Secure Debt, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated effective as of February 23, 2024, filed and recorded in the DeKalb County Records (said Deed to Secure Debt, As signment of Leases and Rents, Security Agreement and Fix ture Filing as so assigned and modified being hereinafter called the “Security Instrument”); and WHEREAS, under and pursu ant to the Security Instrument, Borrower did thereby irrevoc ably grant, bargain, sell, pledge, assign, warrant, trans fer and convey to Holder (as subsequent successor and as sign of Original Lender), and to its successors and assigns, as security for the Debt (as defined in that certain Loan Agreement, dated as of May 28, 2015, between Borrower and Original Lender, as amended and modified, the “Loan Agreement”), with power of sale, the following property, rights, interests and estates, then owned or thereafter ac quired by Borrower (collect ively, the “Property”): (a) Land. The real property de scribed as follows (the “Land”): Tract I: All that tract or parcel of land ly ing and being in Land Lot 349 of the 18th District of DeKalb County, Georgia and being more particularly described as follows: To find the point of beginning, commence at the intersection of the westerly right-of-way of Ashford Dunwoody Road (hav ing a right-of-way width of 107 feet) and the northerly curved right-of-way of Ashwood Park way (having a variable width right-of-way) and from this point of commencement thus estab lished, run along the said north erly right-of-way line of Ash wood Parkway along a curve to the right for an arc distance of 64.74 feet, said curve having a radius of 39.88 feet, a chord bearing of South 38 degrees 35 minutes 40 seconds West and a chord length of 57.86 feet to a point; thence continuing along the said northerly right-of-way line of Ashwood Parkway, run