About Dawson County news. (Dawsonville, Georgia) 2015-current | View Entire Issue (July 10, 2019)
cm k 10B | dawsonnews.com | DAWSON COUNTY NEWS Wednesday, July 10,2019 the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof; for damage to the Property; (i) Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; (j) Conversion. All proceeds oftheconversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims; (k) Rights. The right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Holder in the Property; (l) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, then or thereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the happening of any default thereunder, to receive and collect any sums payable to Borrower thereunder; (m) Intangibles. All trade names, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; (n) Accounts. All Accounts, Account Collateral (each as defined in the Loan Agreement), reserves, escrows and deposit accounts maintained by Borrower with respect to the Property including, without limitation, the Lockbox Account and the Cash Management Account (each as defined in the Loan Agreement), and all complete securities, investments, property and financial assets held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; (o) Causes of Action. All causes of action and claims (including, without limitation, all causes of action or claims arising in tort, by contract, by fraud or by concealment of material fact) against any Person (as defined in the Loan Agreement) for damages or injury to the Property or in connection with any transactions financed in whole or in part by the proceeds of the Loan (as hereinafter defined); and (p) Other Rights. Any and all other rights of Borrower in and to the items set forth in subsections (a) through (o) above. WHEREAS, the Security Instrument secures, in part, that certain loan (the "Loan") to Borrower made by Original Lender, as evidenced by that certain Promissory Note (Mortgage Loan), (the "Note"), dated as of March 5, 2015 in the original principal amount of $10,795,000.00, executed by Borrower and payable to the order of Original Lender, as such Note was subsequently endorsed and assigned to Holder; and WHEREAS, defaults and Events of Default (as defined in the Loan Agreement) have occurred under the Note, the Security Instrument, the Loan Agreement and the other Loan Documents (as defined in the Security Instrument) and are continuing, specifically including, without limitation, the failure of Borrower to pay the payments due under the Note and the other Loan Documents on the dates on which such payments were due; and WHEREAS, by reason of such defaults and Events of Default, the Maturity Date (as defined in the Loan Agreement) has been, and is hereby, accelerated and the entire Debt declared immediately due and payable in its entirety, and the Security Instrument has become, is, and is hereby subject to foreclosure as provided by law, the Note, the Loan Agreement, and the Security Instrument; and WHEREAS, prior to the consummation of the exercise of the power of sale contained in the Security Instrument and the consummation of the foreclosure sale of the Property, any and all funds, cash, letters of credit and other sums, if any, held by Holder for or on behalf of Borrower, in the Accounts, or in any other escrow, any other reserve or in other accounts established under the Note, the Loan Agreement, the Security Instrument and/or any other Loan Document, for payment of taxes, assessments and other similar charges levied against the Property, insurance, capital improvements, replacements, tenant improvements, leasing commissions or otherwise (collectively, the "Funds") have been or shall be applied by Holder toward payment of the Debt, to the extent provided in the Note, the Loan Agreement, the Security Instrument and the other Loan Documents. NOW, THEREFORE, under and pursuant to the power of sale contained in the Security Instrument and according to the terms of the Security Instrument and the laws in such cases made and provided, Holder will expose the Property (less and except the Funds) for sale, at public sale to the highest bidder, for cash on that certain first Tuesday in August, 2019, being August 6, 2019, during the legal hours for sale, before the courthouse door in Dawson County, Georgia. The Property (less and except the Funds) will be sold subject to the following: 1. All outstanding taxes and assessments, and any additional taxes which result from a reassessment of the Property; 2. Rights and obligations of parties in possession, as tenants only, under unrecorded leases or agreements without rights of first refusal or options to purchase; 3. Easements, maintenance rights, release of damages, and the rights to extract sand, clay, or topsoil as contained in Right of Way Deed from ME. Hendrix, J.A. Hendrix to State Highway Board of Georgia, dated November 4, 1927, filed April 19,1928 in Deed Book S, Page 23, Dawson County Records; 4. Easements, maintenance rights, release of damages, and the right to extract sand, clay, or topsoil as contained in Right of Way Deed from M.E. & J.A. Hendrix to State Highway Board of Georgia, dated April 18, 1928, filed April 25, 1928 in Deed Book S, Page 47, Dawson County Records; 5. Right-of-Way Easement from Angie Hendrix to Sawnee Electric Membership Corporation, a corporation, filed May 17, 1961 in Deed Book 1, Page 71, Dawson County Records; 6. Right-of-Way Easement from Harold M. Hendrix to Sawnee Electric Membership, dated March 27, 1998, filed April 20, 1978 in Deed Book 43, Page 677, Dawson County Records; 7. Right-of-Way Easement from H.M. Hendrix to Sawnee Electric Membership Corporation, a corporation, filed June 17, 1985 in Deed Book 81, Page 157, Dawson County Records; 8. Right-of-Way Easement from H.M. Hendrix to Sawnee Electric Membership Corporation, a corporation, dated August 28, 1985, filed September 9,1985 in Deed Book 82, Page 696, Dawson County Records; 9. Right-of-Way Easement from H.M. Hendrix to Sawnee Electric Membership Corporation, a corporation, dated May 13,1967, filed May 29,1967 in Deed Book 6, Page 357, Dawson County Records; 10. Right-of-Way Easement from H.M. Hendrix to Sawnee Electric Membership Corporation, a corporation, dated March 27, 1972, filed May 4, 1972 in Deed Book 18, Page 10, Dawson County Records; 11. Right-of-Way Easement from Cutchin Co. LLC to Sawnee Electric Membership Corporation, dated November 9, 1998, filed January 20, 1999 in Deed Book 296, Page 177, Dawson County Records; 12. Conveyance of access rights as contained in that certain Right of Way Deed from Harold M. Hendrix & Mrs. Leon R. Hendrix to Department of Transportation, dated July 28, 1977, and filed in Deed Book 41, Page 206, Dawson County Records; 13. Terms and provisions of that certain Easement Agreement, by and between Cutchin Company, LLC and PHH Investments, dated October 6, 1995, filed October 12, 1995 in Deed Book 206, Page 404, Dawson County Records; as amended by that certain First Amendment to Easement Agreement by and among Cutchin Company, LLC, WB Dawsonville Associates, LLC, and PHH Investments, dated November 27, 1996, filed December 3, 1996 in Deed Book 229, Page 564, Dawson County Records; 14. Terms, Restrictions and provisions, but excluding Section 4.4, of that certain Easement and Restrictive Covenant Agreement, by and between WB Dawsonville Associates, LLC and Cutchin Company, LLC, dated November 27, 1996, filed December 3, 1996 in Deed Book 229, Page 574, Dawson County Records; as amended by that certain First Amendment, dated January 20, 1998, filed January 22, 1998 in Deed Book 260, Page 255, Dawson County Records; as affected by Memorandum of Option filed December 3, 1996 in Deed Book 229, Page 664, Dawson County Records, and as affected by Affidavit (terminating said Option) filed September 13,2002 in Deed Book 463, Page 4, Dawson County Records; 15. Terms and provisions of that certain Utility Easement, by and between Cutchin Company, LLC, Highsmith Marks Company, LLC, WB Dawsonville Associates, LLC, and Etowah Water and Sewer Authority, dated December 13, 1996, filed December 17, 1996 in Deed Book 231, Page 67, Dawson County Records; 16. Terms and provisions of that certain 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 in Deed Book 229, Page 598, Dawson County Records; 17. Terms and provisions of that certain Agreement, by and between Cutchin Company, LLC and WB Dawsonville Associates, LLC, dated November 27, 1996, filed December 3, 1996 in Deed Book 229, Page 655, Dawson County Records; 18. Terms and provisions of that certain Access Easement Agreement, by and between WB Dawsonville Associates, LLC and Department of Transportation, State of Georgia, dated November 27, 1996, filed March 16, 1998 in Deed Book 264, Page 495, Dawson County Records; 19. Easement Agreement from WB Dawsonville Associates, LLC to Atlanta Gas Light Company, dated September 6, 2002, filed September 9,2002 in Deed Book 463, Page 7, Dawson County Records; 20. Easements 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 in Deed Book 1125, Page 130, Dawson County Records; 21. Any facts, rights, interests or claims that may exist or arise by reason of the following matters disclosed by an ALTA/ACSM survey made by Grant Shepherd & Associates, Inc. on January 6, 2015, last revised March 3, 2015, designated Job Number 14-12-0420: (A) Gas lines along the northerly, northwesterly, southerly and southeasterly sides of the Property do not appear to fall within an easement; (B) SS on the southeasterly and easterly sides of the Property does not appear to fall within an easement; (C) Overhead electric on the southerly side of the Property does not appear to fall within an easement; (D) Water easement and gas line (no apparent easement) along the western portion of the Property; 22. All valid zoning ordinances; and 23. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia. The Debt remaining in default and the aforesaid defaults and Events of Default continuing, the sale of the Property (less and except the Funds) under and pursuant to the power of sale contained in the Security Instrument will be made for the purpose of applying the proceeds thereof, as provided for in the Security Instrument and pursuant to applicable law. The Property (less and except the Funds) will be sold on an "as is, where is" basis without recourse against Holderand without representation or warranty of any kind or nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the Land. To the best of Holder's knowledge and belief, the Property (less and except the Funds) is presently owned by Borrower, subject to the aforesaid interests of Holder, and the matters set forth herein, and Borrower is the party in possession of the Property (less and except the Funds), subject to the aforesaid interests. The notice to Borrower, pursuant to O.C.G.A. § 44-14-162.2, has been provided by Holder to Borrower in accordance with said O.C.G.A. § 44-14- 162.2. The undersigned may sell the Property (less and except the Funds) or any part of the Property (less and except the Funds) in such manner and order as Holder may elect and may sell that portion of the Property (less and except the Funds), which, under the laws of the State of Georgia, constitutes an estate or interest in real estate separately from that portion of the Property (less and except the Funds), which, under the laws of the State of Georgia, constitutes personalty and not an interest in the real estate, in which case separate bids will be taken therefor, or collectively in a single sale or lot, in which case a single bid will be taken therefor. Notice of the undersigned's intent shall be given by announcement made at the commencement of the public sale. The recitals set forth hereinabove are hereby incorporated in and made a part of this Notice of Sale Under Power. 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, as agent and attorney-in-fact for MONARCH AT DAWSON VILLAGE, LLC, a Delaware limited liability company By: Hudson Americas L.P., a Delaware limited partnership, solely in its capacity as Special Servicer for Holder By: its attorney-at-law: /Edwin H. Garrison/ Edwin H. Garrison, Esq. Kilpatrick Townsend & Stockton LLP 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309- 4530 404-815-6500 43875, 7/10,17, 24,31 (Payne) NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF DAWSON Under and by virtue of the power of sale contained with that certain Security Deed dated December 29, 2016, from JESSICA MARIE PAYNE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR STEARNS LENDING, LLC, recorded on December 30, 2016 in Deed Book 1225 at Page 66 Dawson County, Georgia records, having been last sold, assigned, transferred and conveyed to Lakeview Loan Servicing, LLC by Assignment and said Security Deed having been given to secure a note dated December 29, 2016, in the amount of $196,377.00, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Dawson County, Georgia, on August 6, 2019 the following described real property (hereinafter referred to as the "Property"): ALL THAT TRACT OR PARCEL OF LAN D LYING AND BEING IN LAND LOTS 128 AND 172 OF THE SOUTH-HALF OF THE 13TH DISTRICT, 1 ST SECTION, DAWSON COUNTY, GEORGIA, CONTAINING 3.9273 ACRES AND BEING MORE FULLY SHOWN ON A PLAT PREPARED FROM A SURVEY FOR JAMES M. TINSLEY AND RHONDA J. STEELE BY JICK A. PAGE, JR. REGISTERED LAND SURVEYOR NO. 1894, DATED NOVEMBER 2, 1985, AND RECORDED IN PLAT BOOK 16, PAGE 99, DAWSON COUNTY, GEORGIA RECORDS, AND BEING INCORPORATED HEREIN BY THIS REFERENCE THERETO AND MADE A PART OF THIS DESCRIPTION. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is JESSICA MARIE PAYNE, BRIAN DEWAYNE PAYNE. The property, being commonly known as 31 Quail Ridge Ct , Dawsonville, GA, 30534 in Dawson County, will be sold as the property of JESSICA MARIE PAYNE, BRIAN DEWAYNE PAYNE., subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14- 162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: LoanCare Servicing Center, Inc., 3637 Sentara Way, Virginia Beach, VA 23452, 800- 274-6600 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44- 14-162.2 shall require the secured creditor to negotiate,amend ormodify the terms of the mortgage instrument.The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Lakeview Loan Servicing, LLC as Attorney in Fact for JESSICA MARIE PAYNE 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: Cory Sims For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, wc - 18-027472 A-4695238 06/05/2019, 06/12/2019, 06/19/2019, 06/26/2019, 07/03/2019, 07/10/2019, 07/17/2019, 07/24/2019, 07/31/2019 43247, 6/5,12,19,26, 7/3,10,17, 24,31 (Puckett) NOTICE OF SALE UNDER POWER GEORGIA, DAWSON COUNTY THIS IS AN ATTEMPT 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 Security Deed given by Steven E Puckett and Gena L Puckett to Mortgage Electronic Registration Systems, Inc., as nominee for Great Plains National Bank, its successors and assigns, dated May 12, 2014, recorded in Deed Book 1113, Page 86, Dawson County, Georgia Records, as last transferred to Freedom Mortgage Corporation by assignment recorded in Deed Book 1309, Page 373, Dawson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDREDTWENTY- FOUR THOUSAND NINE HUNDRED NINETY-ONE AND 0/100 DOLLARS ($124,991.00), with interest thereon asset forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Dawson County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2019, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said
