About Dawson County news. (Dawsonville, Georgia) 2015-current | View Entire Issue (July 10, 2019)
cm k Wednesday, July 10,2019 |dawsonnews.com | DAWSON COUNTY NEWS 9B Page, Scrantom, Sprouse, Tucker & Ford, P.C. 1111 Bay Avenue, 3rd Floor Post Office Box 1199 Columbus, Georgia 31902 (706)324-0251 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 43761,7/10,17, 24,31 (Lopez-Arcos) NOTICE OF SALE UNDER POWER, DAWSON COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Rodrigo Lopez-Arcos to Mortgage Electronic Registration Systems, Inc. as nominee for Guaranty Mortgage Services LLC dated 12/17/2010 and recorded in Deed Book 972 Page 91 Dawson County, Georgia records; as last transferred to oracquired by JPMorgan Chase Bank, National Association, conveying the after-described property to secure a Note in the original principal amount of $150,259.00, with interest 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 Dawson County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on August 6, 2019 (being the first Tuesday 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 parcel of land lying and being in Land Lot 541 of the South Half of the 13th District, 1st Section of Dawson County, Georgia, and being Lot 115 of Highland Pointe at Oakmont, Phase ll-B, as shown on a subdivision plat recorded in Plat Book 74, Page 217, Dawson County, Georgia Records, which plat is incorporated herein by reference for a more complete description thereof. The debt secured by said Security Deed 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 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, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 139 Northfield Circle, Dawsonville, GA 30534 together with all fixtures and personal property attached 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): Rodrigo Lopez-Arcos or tenant or tenants. JPMorgan Chase Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. JPMorgan Chase Bank, NA Homeowner's Assistance Department 3415 Vision Drive Columbus, Ohio 43219 1-866-550-5705 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 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 payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, 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. Pursuant to O.C.G.A.Section 9-13-172.1, which allows for certain procedures regarding 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 immediately above. JPMorgan Chase Bank, National Association as agent and Attorney in Fact for Rodrigo Lopez-Arcos Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305,(404) 994-7637. 1031-2208A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1031-2208A 43751,7/10,17, 24,31 (Monarch at Dawson Village, LLC) STATE OF GEORGIA COUNTY OF DAWSON NOTICE OF SALE UNDER POWER WHEREAS, Monarch at Dawson Village, LLC, a Delaware limited liability company ("Borrower"), executed and delivered to LSTAR Capital Finance, Inc., a Delaware corporation ("Original Lender"), that certain DeedtoSecureDebt and Security Agreement and UCC Fixture Filing (the "Security Deed"), made as of March 5, 2015, filed March 9, 2015 in Deed Book 1143, beginning at Page 455, with the Clerk of the Superior Court of Dawson County, Georgia (the "Dawson County Records"), as assigned by Original Lender to Relius II, LLC, a Delaware limited liability company ("First Interim Holder"), pursuant to that certain Assignment of Security Instruments, effective as of March 9, 2015, filed March 17, 2015 in Deed Book 1144, beginning at Page 466, in the Dawson County Records, as further assigned, transferred, set over and conveyed by First Interim Holder to Relius Loan Seller, LLC, a Delaware limited liability company ("Second Interim Holder"), pursuant to that certain Assignment of Deed to Secure Debt and Security Agreement and UCC Fixture Filing, effective as of June 1, 2015, filed July 20, 2015 in Deed Book 1160, beginning at Page 581, in the Dawson County Records, and as further assigned, transferred, set over and conveyed by Second Interim Holder to Wilmington Trust, National Association, as Trustee for the registered holders of LSTAR Commercial Mortgage Trust 2015-3, Commercial Mortgage Pass-Through Certificates, Series 2015-3 ("Holder"), pursuant to that certain Assignment of Deed to Secure Debt and Security Agreement and UCC Fixture Filing, effective as of June 1, 2015, filed July 20, 2015 in Deed Book 1160, beginning at Page 587, in the Dawson County Records (said Security Deed, as so assigned, being hereinafter called the "Security Instrument"); and WHEREAS, under and pursuant to the Security Instrument, Borrower did thereby irrevocably grant, bargain, sell, pledge, assign, warrant, transfer and convey to and grant a security interest to Holder (as subsequent successor and assign of Original Lender) and its successors and assigns, WITH POWER OF SALE, in the following property, rights, interests and estates then owned, or thereafter acquired by Borrower (collectively, the "Property"): (a) Land. The real property more particularly described as follows (the "Land"): TRACT 1 (Fee Parcel): All that tract or parcel of land lying and being in Land Lots 282 and 315 of the South Half of the South Half of the 13th District, Dawson County, Georgia and being more particularly described as follows: To find the True Point of Beginning commence at a concrete right-of- way monument at the intersection of the easterly right-of-way of Georgia Highway 53 (Right-of-Way varies) and the southerly mitered corner of Georgia Highway 400 (160 foot Right-of-Way); thence along the easterly right-of- way of Georgia 53 South 41 degrees 54 minutes 53 seconds East a distance of 128.30 feet to a point and the True Point of Beginning; thence leaving said point and right-of- way North 48 degrees 01 minute 19 seconds East a distance of 50.14 feet to a point; thence along a curve to the right an arc distance of 68.28 feet to a point, said arc having a radius of 514.99 feet and a chord which bears North 51 degrees 56 minutes 04 seconds East a chord distance of 68.23 feet; thence North 55 degrees 50 minutes 48 seconds East a distance of 52.44 feet to a point; thence along a curve to the left an arc distance of 101.63 feet to a point, said arc having a radius of 507.10 feet and a chord which bears North 50 degrees 01 minute 25 seconds East a distance of 101.46 feet; thence North 45 degrees 47 minutes 59 seconds West a distance of 138.68 feet to a point; thence North 89 degrees 09 minutes 52 seconds West a distance of 14.65 feet to a point; thence North 42 degrees 07 minutes 48 seconds East a distance of 224.01 feet to a point; thence South 49 degrees 04 minutes 11 seconds East a distance of 47.73 feet to a point; thence North 40 degrees 38 minutes 38 seconds East a distance of 112.70 feet to a point; thence South 76 degrees 47 minutes 54 seconds East a distance of 173.00 feet to a point; thence North 79 degrees 46 minutes 48 seconds East a distance of 45.50 feet to a point; thence South 76 degrees 40 minutes 43 seconds East a distance of 350.00 feet to a point; thence South 00 degrees 12 minutes 07 seconds West a distance of 456.30 feet to a point; thence North 89 degrees 47 minutes 54 seconds West a distance of 362.51 feet to a point; thence South 48 degrees 05 minutes 07 seconds West a distance of 342.63 feet to a point; thence North 89 degrees 48 minutes 22 seconds West a distance of 96.53 feet to a point on the right-of-way of Georgia Highway 53; thence along said right-of-way North 41 degrees 52 minutes 47 seconds West a distance of 37.85 feet to a point; thence North 47 degrees 26 minutes 10 seconds East a distance of 70.00 feet to a point; thence North 41 degrees 54 minutes 53 seconds West a distance of 255.52 feet to a point; thence South 46 degrees 43 minutes 06 seconds West a distance of 10.00 feet to a point; thence North 41 degrees 54 minutes 53 seconds West a distance of 66.31 feet to a point and the True Point of Beginning; Less and Except that certain tract of land conveyed to Department of Transportation by Declaration of Taking styled Department of Transportation vs. Edens & Avant Financing II Limited Partnership, et al, Superior Court of Dawson County Docket No. 2014-CV-361 -B, dated July 10, 2014, filed September 10, 2014, and recorded in Deed Book 1125, Page 130, Dawson County, Georgia records; TRACT 1 also being described as (Overall Parcel): All that tract or parcel of land lying and being in Land Lots 282 and 315 of the South Half of the South Half of the 13th District, Dawson County, Georgia and being more particularly described as follows: To find the True Point of Beginning commence at a concrete right-of- way monument at the intersection of the easterly right-of-way of Georgia Highway 53 (Right-of-Way varies) and the southerly mitered corner of Georgia Highway 400 (160 foot Right-of-Way); thence along the easterly right-of- way of Georgia 53 South 41 degrees 54 minutes 53 seconds East a distance of 128.30 feet to a point and the True Point of Beginning; thence leaving said point and right-of- way North 48 degrees 01 minute 19 seconds East a distance of 50.14 feet to a point; thence along a curve to the right an arc distance of 68.28 feet to a point, said arc having a radius of 514.99 feet and a chord which bears North 51 degrees 56 minutes 04 seconds East a chord distance of 68.23 feet; thence North 55 degrees 50 minutes 48 seconds East a distance of 52.44 feet to a point; thence along a curve to the left an arc distance of 101.63 feet to a point, said arc having a radius of 507.10 feet and a chord which bears North 50 degrees 01 minute 25 seconds East a distance of 101.46 feet; thence North 45 degrees 47 minutes 59 seconds West a distance of 138.68 feet to a point; thence North 89 degrees 09 minutes 52 seconds West a distance of 14.65 feet to a point; thence North 42 degrees 19 minutes 11 seconds East a distance of 223.88 feet to a 1/2 inch rebar found; thence South 49 degrees 08 minutes 46 seconds East a distance of 47.66 feet to a 1/2 inch rebar found; thence North 40 degrees 44 minutes 21 seconds East a distance of 112.57 feet to a 1/2 inch rebar found; thence South 76 degrees 59 minutes 31 seconds East a distance of 172.34 feet to an iron pin set; thence North 79 degrees 46 minutes 48 seconds East a distance of 45.50 feet to an iron pin set; thence South 76 degrees 26 minutes 15 seconds East a distance of 350.45 feet to a 1/2 inch rebar found along land lot line common to Land Lots 282 and 281; thence along said land lot line and on with land lot line common to Land Lots 315 and 316 South 00 degrees 12 minutes 54 seconds West a distance of 454.76 feet to an iron pin set; thence leaving said Land Lot line North 89 degrees 57 minutes 41 seconds West a distance of 363.18 feet to a 1/2 inch rebar found; thence South 48 degrees 08 minutes 22 seconds West a distance of 341.44 feet to an iron pin set; thence North 89 degrees 48 minutes 22 seconds West a distance of 61.75 feet to an iron pin set on the right-of-way of Georgia Highway 53; thence along said right-of- way North 42 degrees 06 minutes 34 seconds West a distance of 14.44 feet to a point; thence North 11 degrees 47 minutes 06 seconds West a distance of 54.73 feet to a point; thence North 47 degrees 26 minutes 10 seconds East a distance of 16.80 feet to a point; thence North 41 degrees 54 minutes 53 seconds West a distance of 255.52 feet to a point; thence South 46 degrees 43 minutes 06 seconds West a distance of 10.00 feet to a point; thence North 41 degrees 54 minutes 53 seconds West a distance of 66.31 feet to a point and the True Point of Beginning; TRACT II - EASEMENT PARCELS: TOGETHER WITH EASEMENT RIGHTS AND REAL PROPERTY INTERESTS BENEFITTING THE INSURED FEE PROPERTY, CONTAINED IN THE FOLLOWING: A. Easementand Restrictive Covenant Agreement by and between WB Dawsonville Associates, LLC and Cutchin Company, LLC dated November 27, 1996, filed December 3, 1996 and recorded at Deed Book 229, Page 574, aforesaid records, as amended by First Amendment between WB Dawsonville Associates, LLC and Cutchin Company, dated January 20, 1998, filed January 22, 1998 and recorded at Deed Book 260, Page 255, Dawson County, Georgia Records; B. Access, Drainage and Sewer Easement Agreement by and between WB Dawsonville Associates, LLC and Chestatee Capital, LLC, dated November 27, 1996, filed December 3, 1996 and recorded at Deed Book 229, Page 598, aforesaid records; and C. Agreement by and between Cutchin Company, LLC and WB Dawsonville Associates, LLC, dated November 27, 1996, filed December 3, 1996, and recorded in Deed Book 229, Page 655, aforesaid records; Dawson County Map Code: 113 041 001 (b) Additional Land. All additional lands, estates and development rights thereafter acquired by Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument; (c) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements then or thereafter erected or located on the Land (the "Improvements"); (d) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way then or thereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto; (e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures, inventory and goods) and other property ofevery kind and nature whatsoever owned by Borrower, or in which Borrower then or thereafter had an interest, then or thereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower then or thereafter had an interest, then or thereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the State or States where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above; (f) Leases and Rents. All existing and future leases, subleases and/ or subsubleases, lettings, licenses, concessions or other agreements, whether or not in writing, affecting the use, enjoyment or occupancy of all or any part the Land and/or the Improvements theretofore or thereafter entered into and all extensions, amendments and modifications thereto, and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, and the right, title and interest of Borrower, its successors and assigns, therein, whether before or after the filing by or against Borrower of any petition for relief under Title 11 U.S.C.A. § 101 et seq. and the regulations adopted and promulgated thereto (as the same may be amended from time to time, the "Bankruptcy Code") (the "Leases") and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees' obligations thereunder, cashorsecuritiesdeposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, payments in connection with any termination, cancellation or surrender of any Lease, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and/or the Improvements whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code and all proceeds from the sale or other disposition of the Leases (the"Rents") and the right to receive and apply theRentstothe payment of the Debt (as defined in that certain Loan Agreement dated as of March 5, 2015 between Borrower and Original Lender [the "Loan Agreement"]); (g) Condemnation Awards. All awards or payments, including interest thereon, which may have theretofore and thereafter been made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property; (h) Insurance Proceeds. All proceeds of and any unearned premiums on any insurance policies covering
