Newspaper Page Text
LEGALS from Page 6B
right of way line of Westmont Road with
the southerly right of way line of
Montreat Place at the point of beginning;
being known as Lot 2, Cascade Park, as
per plat recorded in Plat Book 2, Page
146, Fulton County records, and being
improved property known as 919
Westmont Road, according to the pre¬
sent system of numbering houses in the
City of Atlanta, Fulton County, Georgia.
The above metes and bounds are in
accordance with an individual Plat of
Survey prepared by Perry E. McC/ung, dated
Registered Land Surveyor,
September 28, 1983, entitled "Property
of John C. Cunningham, Jr."
PROPERTY LOCATED AT: 927 CREW
STREET, ATLANTA, GEORGIA
All that tract or parcel of land lying and
being in Land Lot 74, 14th District,
Fulton County, being more particularly
described as follows:
Beginning on the west side of Crew
Street at a point 300 feet south of the
southwest corner of Crew Street and
Atlanta Avenue (formerly Montgomery
Street) and running south along the west
side of Crew Street fifty (50) feet; thence
west on hundred eighty six and five
tenths (186.50) feet to an alley twenty
(20) feet wide; thence north along said
alley fifty (50) feet; thence east one hun¬
dred eighty six (186) feet to Crew Street
at the point beginning; Being Lot 47 of
the Subdivision of the Washington
Heights Improvement Company and
being part of the property conveyed to
Mrs. Esther S. Carruthers by Gertrude S.
Walker by Deed date February 13, 1911
and recorded in Deed Book 399, Page
63. Aforesaid Records; and being known
as 927 Crew Street, SW according to the
present system of numbering houses in
the City of Atlanta, Fulton County,
Georgia. PROPERTY
LOCATED AT: 411 HOLD
ERNESS STREET, ATLANTA, GA
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
140 OF THE 14TH DISTRICT, FULTON
COUNTY, GEORGIA, BEING MORE
PARTICULARLY DESCRIBED AS FOL
LOWS: BEGINNING AT A POINT ON
THE WEST SIDE OF HOLDERNESS
STREET 210 FEET NORTH FROM THE
NORTHWEST CORNER OF HOLDER
NESS STREET AND LUCILE AVENUE;
RUNNING THENCE NORTH ALONG
HOLDERNESS STREET 55 FEET;
THENCE WEST 160 FEET; THENCE
SOUTH 50 FEET; THENCE EAST 160
FEET TO THE POINT OF BEGINNING,
BEING IMPROVED PROPERTY
KNOWN AS 441 HOLDERNESS
STREET, ACCORDING TO THE PRE¬
SENT SYSTEM OF NUMBERING
HOUSES IN THE CITY OF ATLANTA,
FULTON COUNTY, GEORGIA.
SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD.
PROPERTY LOCATED AT: 718 IRA
STREET, SW, ATLANTA, GEORGIA
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
86 OF THE 14TH DISTRICT OF FUL¬
TON COUNTY, GEORGIA, MORE PAR¬
TICULARLY DESCRIBES AS FOL¬
LOWS:
BEGINNING AT A POINT ON THE EAST
SIDE OF IRA STREET, SIXTY-FOUR
(64) FEET SOUTH OF THE SOUTH
EAST CORNER OF IRA STREET AND
BASS STREET, AND RUNNING
THENCE SOUTH ALONG THE EAST
SIDE OF IRA STREET THIRTY-TWO
(32) FEET: THENCE EAST SEVENTY
(70) FEET; THENCE NORTH THIRTY
TWO (32) FEET; THENCE WEST SEV¬
ENTY (70) FEET TO THE POINT OF
BEGINNING, BEING KNOWN AS 718
IRA STREET, SW, ATLANTA.
PROPERTY LOCATED AT: FRASER
STREET ATLANTA, GEORGIA
All that tract of land located in the city of
Atlanta, in Land Lot 54, 14th District,
Fulton County, Georgia, being all of the
property conveyed to miss Lilly Bloom
and Mrs. Rebecca Bloom Goldman by a
deed dated May 9, 1957, recorded in
Deed book 3223, Page 265, Fulton
County, Georgia Records, to which refer
ence is hereby made for a complete legal
description, and which is Beginning more particular
ly described as follows: at the
Southeast corner of two alleys, said cor¬
ner being situated 153 feet North of
Ormond Street and 202.5 feet West of
Fraser Street; run thence South along
the East side of a 12 foot alley a distance
of 43 feet more or less to another alley;
run thence East along the North side of
said last mentioned alley 100 feet; run
thence North 43 feet more or less to a 10
foot alley; run thence West along the
South side of said 10 foot alley 100 feet
to the point of beginning. Together with
the right to the use of said alleys for alley
purposes in common with the owners of
all the other lots abutting thereon.
The Property consists of different parcels
or tracts of land situate in both Forsyth
County Georgia. Georgia The and Fulton County
Tracts or Parcels situate in
Forsyth County will be individually auc
tioned first before the Courthouse Doors
of Forsyth County Georgia Superior
Court and thereafter the Tracts or
Parcels of land situate in Fulton County
will be individually auctioned first before
the Courthouse Door of Fulton County
Georgia Superior Court. The auction will
cease if and as soon as sufficient
amounts have been received to dis
charge the amount owing pursuant to the
Note
The indebtedness secured by the
Security Deed has been and in full is hereby
declared due and payable because
of default under the terms of the Security
Deed and note, including but not limited
to the nonpayment of the indebtedness
as and when due. The indebtedness
remaining in default, said sale will be
made for the purpose of paying the
same, all expenses of the sale (including
attorney's fees, notice of intent to collect
attorney's fees having been for given), and
other payments provided under the
terms of the Security Security Deed and Note, all
as provided in the Deed, Note
and Said by law.
property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are 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, zoning ordinances, and any liens,
encumbrances, restrictions, covenants,
and matters of record superior to the
Security Deed.
To the best knowledge and belief of the
undersigned the party in possession of
the property is AMERICAN INVEST¬
MENT PROPERTIES FUND LP
The sale will be conducted subject to
confirmation that it is not prohibited
under the U.S. Bankruptcy Code.
City & State Factors Inc Pension Trust
As attorney-in-fact for
AMERICAN INVESTMENT PROPER¬
TIES FUND LP
City & State Factors Inc Pension Trust
5064 Roswell Road, Suite D-101
Atlanta, GA 30342
(404) 303-0064
L632 5/7,14,21,28
ADNUM: L633
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale
contained in that certain Deed to Secure
Debt from Gary Starling and Sandra
Scott to Ocean Bank, F.S.B. dated
03/28/2007, and recorded in Deed Book
4702, page 267, Forsyth County records,
as last transferred to sell CitiMortgage, Inc.,
the undersigned will at public outcry
to the highest bidder for cash before the
Courthouse door in said County, during
the Tuesday legal in hours of sale, by CitiMortgage, on the first
June, 2008
Inc., as Attorney-in-Fact for Gary Starling
and Sandra Scott the following described
property:
All that tract or parcel of land lying and
being District, in 1st Land Section, Lot 1275 Forsyth of the County, 14th
Georgia, Cove Shores, and according being Lot 311, plat Crystal
to recorded
in Plat Book 6, page 265, Forsyth County
Records, which plat is incorporated here¬
in by this reference.
Property known as: 7145 Creek
Place, Gainesville, GA 30506
The indebtedness secured by said Deed
to Secure Debt having been declared
due and payable because of default in
the payment of the indebtedness
secured thereby, this sale will be made
for the purposes of paying the same and
all expenses of sale, including attorney's
fees, (notice having been given as pro¬
vided by law).
The property will be sold as the property
of The Aforesaid Grantors subject to the
following:
(1) all prior restrictive covenants, ease¬
ments, (2) all valid rights-of-way or encumbrances;
which zoning ordinances; (3) mat¬
ters would be disclosed by an
accurate survey of the property; (4) the
outstanding ad valorem taxes and
assessments, if any; (5) unpaid water
and sewage bills, that constitute liens
against the property, whether due and
payable or not yet due and payable; and
(6) matters of record superior to the
security deed first set out above.
To the best of the undersigned's knowl
edge and belief, the party in possession
is Gary Starling and Sandra Scott.
CitiMortgage, Gary Starling Inc., as Attorney-in-fact for
and Sandra Scott.
This law firm is acting as a debt collector
attempting to collect a debt, any informa¬
tion obtained will be used for that pur¬
pose.
Pendergast & Jones, PC.
South Terraces. Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
L633 5/7,14, 21,28
ADNUM: L634
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of Power of Sale
contained in Deed to Secure Debt
GROUP, ("Security Deed") from THE RYAN
LLC, a Georgia Limited Liability
Company, SAUNDERS ("Grantor") to CHARLES S.
and CONNIE B. SAUN¬
DERS, ("Grantee"), dated September
28, 2006, recorded October 2, 2006 in
Deed Book 4467, pages 179 - 184,
Forsyth County, Georgia Records, con¬
veying the after-described property to
secure a Note of even date in the original
principal amount of Three Hundred
Eighty-Seven ($ Thousand and 00/100
Dollars 387,000.00), with interest from
date at the rate percent per annum as
provided therein on the unpaid balance
until paid; there will be sold by the under¬
signed at public outcry to the highest bid¬
der for cash before the Courthouse door
of Forsyth County, Georgia, within the
legal hours of sale on the first Tuesday in
June, 2008, the following described prop¬
erty:
All that tract or parcel of land lying and
being in Land Lot 617 of the 2nd District,
1st Sectioh of Forsyth County, Georgia,
being a portion of Lot 12 of the
Grasslands Industrial Park, Phase II, and
being more particularly described as fol¬
lows:
Beginning at a point on the Northeasterly
right-of-way line of Justin Trail (having a
60' R/W), said point being 849.70 feet
Westerly and Southerly along said right
of-way line from its intersection with the
right-of-way line of Brandon Trail (having
a 60' R/W), thence running the following
courses and distances:
North 20 degrees 59 minutes 13 sec¬
onds East a distance of 166.29 feet to a
point; thence run South 89 degrees 08
minutes 28 seconds East a distance of
176.50 feet to a point; thence run South
00 degrees 31 minutes 32 seconds West
a distance of 190.89 feet to a point;
thence run South 77 degrees 47 minutes
41 seconds West a distance of 197.62
feet to a point on the right-of-way line of
Justin Trail, thence Northerly and
Westerly along said right-of-way line
along a curve an arc length of 100.71
feet (said arc being subtended by a
chord bearing of North 27 degrees 11
minutes 53 seconds West, a chord dis¬
tance of 90.00 feet and a radius of 62.00
feet) to the POINT OF BEGINNING; as
per that plat of a survey for Charlie and
Connie Saunders, dated August 1, 2001
by Grant Shepherd & Associates, RLS
#2136, said plat being incorporated by
reference and made a part hereof.
Together with all fixtures and personal
property attached thereto constituting a
part of said property.
To the best knowledge and belief of
Grantee, the above described property is
in the possession of THE RYAN GROUP,
LLC, a Georgia Limited Liability
Company, or a tenant or tenants and
said property is more commonly known
as 2350 Justin Trail, Alpharetta,
Georgia 30004. The debt secured by the
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 pur¬
pose of paying the same and all expens¬
es of this sale, as provided in the
Security Deed and by law, including
attorneys' fees (notice of intent to collect
attorney's Said fees having been given).
property will be sold subject to the
outstanding ad valorem taxes and/or
assessments, if any, including taxes
which are a lien, whether or not now due
and payable), the right of redemption of
any taxing authority, any matters which
might be disclosed by an accurate sur¬
vey and inspection of the property, any
assessments, liens, encumbrances, zon¬
ing ordinances, restrictions, covenants,
and matters of record superior to the
Security Deed first set out above.
The sale will be conducted subject (1) to
confirmation that the said is not prohibit¬
ed 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. Notice has been given of
intention to collect attorney's fees in
accordance with the terms of the Note
secured by said Deed.
Said property will be sold as the property
of The Ryan Group, LLC, a Georgia
Limited Liability Company, the property
to the best information, knowledge and
belief of the undersigned, being present¬
ly in the possession of The Ryan Group
or a tenant or tenants, and the proceeds
of said sale will be applied to the pay¬
ment of said indebtedness and all the
expenses of said sale, including attor¬
ney's fees, all as provided in said Deed
and the balance, if any, will be distributed
as provided by law.
CHARLES S. SAUNDERS and CONNIE
B. SAUNDERS, As Attorney in Fact for
THE RYAN GROUP. LLC, a Georgia
Limited Liability Company
_
Phill Bettis, Attorney at Law’
1815 Lockeway Drive, Suite 106
Alpharetta, Georgia 30004
(770) 475-8041
File no. 1926-002
•THE LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L634 5/7,14, 21,28
ADNUM: L635
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained
in that certain Georgia Security Deed
and Security Agreement from
Champions Banking Ridge, LLC to Branch
& Trust Company, dated
September 1, 2006, and recorded in
Deed Book 4445, Page 446, Forsyth
County, Georgia Records, (hereinafter
referred to as "Deed to Secure Debt"),
said Deed to Secure Debt securing an
Promissory Note ("Note") in the original
principal sum of One Million Five
Hundred Thousand and No/100 Dollars
($1,500,000.00), with interest from said
date at the rate stated in said Note on
the unpaid balance until paid, there will
be sold by the undersigned at public out¬
cry to the highest bidder for cash before
the Courthouse at Forsyth County,
Georgia, within the legal hours of sale on
Tuesday, June 3, 2008, the property
described on Exhibit "A" attached hereto
and incorporated herein by reference.
The debts secured by said Deed to
Secure Debt have bee*> and are hereby
declared due and payable because of,
among other possible events of default,
failure to make payments on said Notes.
The debts remaining in default, this sale
will be made for the purpose of paying
the same and all expenses of this sale,
including attorney's fees.
Said property will be sold subject to any
outstanding ad valorem lien, taxes but (including
taxes which are a 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 ordi¬
nances, restrictions, easements,
covenants, and matters of record superi¬
or to the Deeds to Secure Debt first set
out above, including, but not necessarily
limited to, senior encumbrances that will
not be extinguished by this the foreclosure
sale contemplated by Notice.
To the best knowledge and belief of the
undersigned, the Champions Party in possession of
the property is Ridge, LLC,
or a tenant or tenants, and said property
is more commonly known as 2223 and
2225 Trammel Road, Cumming,
Forsyth County, Georgia 30130, how¬
ever, please refer location only to the legal
description for the of this proper¬
ty. The undersigned reserves the right to
sell the properties separately or together.
Branch Banking & Trust Company
Attorney LLC in Fact for Champions Ridge,
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT "A“
Legal description
Parcel I
All that tract or parcel of land lying and
being in Land Lots 509 and 510 of the
2nd District, 1st Section of Forsyth
County, Georgia, and being more partic¬
ularly described as follows:
TO FIND THE TRUE POINT OF BEGIN¬
NING, begin at an iron pin found at the
intersection of the centerline of Trammel
Road (60 foot right of way shown) and
the being northerly line of Land Lot 510 and
1,141.1 feet easterly from the
northwest corner of Land Lot 510 as
measured along the north line of Land
Lot 510; thence running easterly along
the northerly line of Land Lot 510 a dis¬
tance of 33.15 feet to a point; thence
running southwesterly along the south¬
easterly right of way of Trammel Rod (60
foot right of way) a distance of 78.80 feet
to the point of beginning; thence running
south 82 degrees 42 minutes 50 sec¬
onds east a distance of 292.13 feet to an
iron pin; thence running south 00
degrees 36 minutes 18 seconds west a
distance of 115.00 feet to an iron pin;
thence running north 89 degrees 23 min¬
utes 42 seconds west a distance of
360.77 feet to an iron pin found and
being 33.20 feet easterly to the center
line of Trammel Road (60 foot right of
way) if said line were extended; thence
running north 25 degrees 58 minutes 00
seconds east a distance of 164.88 feet to
an iron pin found and the point of begin¬
ning, and containing 1.00 acres as per
plat of survey for Robert Yarnall and
Sharon Yarnall, dated August 8, 1994 by
A. S. Giometti, Registered Land Surveyor
and being known as 2223 Trammel
Road, Cumming, Georgia of 30130 being
the present system numbering houses
in Forsyth County, Georgia and LESS
AND EXCEPT and portion of the proper¬
ty located within the right of way of
Trammel Road as shown to be a 60 foot
right of II way.
Parcel
All that tract or parcel of land lying and
being in Land Lots 509 and 510 of the
2nd District, 1st Section of Forsyth
County, Georgia and being more particu¬
larly described as follows:
TO FIND THE TRUE POINT OF BEGIN¬
NING, begin at an iron pin found at the
intersection of the centerline of Trammel
Road (60 foot right of way shown) and
the northerly line of Land Lot 510 and
being 1,141.1 feet easterly from the
northwest corner of Land Lot 510 as
measured along the north line of Land
Lot 510; thence running easterly along
the northerly line of Land Lot 510 a dis¬
tance of 33.15 feet to a point and the
POINT OF BEGINNING; thence running
south 89 degrees 12 minutes 37 sec¬
onds east along the northerly line of
Land Lot 510 and Land Lot 509 a dis¬
tance of 743.60 feet to a point located on
the centerline of a branch; thence run¬
ning in a southerly direction along the
centerline of such branch a distance of
270 feet, more or less, to appoint and
being south 05 degrees 28 minutes 57
seconds east a distance of 219.04 feet
as the tie line from the centerline of the
branch; thence running north 89 degrees
23 minutes 42 seconds west a distance
of 510.43 feet to an iron pin found;
thence running north 00 degrees 36 min¬
utes 18 seconds east a distance of
115.00 feet to an iron pin found; thence
running north 82 degrees 42 minutes 40
seconds west a distance of 292.13 feet
to an iron pin found on the southeasterly
side of Trammel Road (60 foot right of
way); thence running north 25 degrees
58 minutes 00 seconds east along the
southeasterly right of way of Trammel
Road a distance of 78.80 feet to the
point of beginning, and containing 2.926
acres as per plat of survey for Robert
Yarnall and Sharon Yarnall dated August
8, 1994 by A. S. Giometti, Registered
Land Surveyor, and being known as
2225 Trammel Road, Cumming, Georgia
30130 according to the present system
of numbering houses in Forsyth County,
Georgia and LESS AND EXCEPT any
portion of the property located within the
right be of way of Trammel Road as shown
to a 60 foot right of way.
L635 5/7,14,21,28
ADNUM: L636
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained
in that certain Georgia Security Deed
and Security Agreement from CSD
Holdings, Inc. to Branch September Banking & Trust
Company, dated 1, 2006,
and recorded in Deed Book 4445, Page
452, (hereinafter Forsyth County, Georgia Records,
referred to as "Deed to
Secure Debt"), said Deed to Secure
Debt securing an Promissory Note
("Note") in the original principal sum of
One Million. Five Hundred Thousand and
No/100 Dollars ($1,500,000.00), with
interest from said date at the rate stated
in said Note on the unpaid balance until
paid, there will be sold by the under¬
signed for at public outcry to the highest bid¬
der cash before the Courthouse at
Forsyth County, Georgia, within the legal
hours of sale on Tuesday, June 3, 2008,
the prdperty described on Exhibit "A"
attached hereto and incorporated herein
by reference. The debts secured by said
Deed to Secure Debt have been and are
hereby declared due and payable
because of, among other possible events
of default, failure to make payments on
said Notes. The debts remaining in
default, this sale will be made for the pur¬
pose of paying the same and all expens¬
es of this sale, including attorney's fees.
Said property will be sold subject 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 ordi¬
nances, restrictions, easements,
covenants, and matters of record superi¬
or to the Deeds to Secure Debt first set
out above, including, encumbrances but not necessarily
limited to, senior that will
not be extinguished by the foreclosure
sale contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is CSD Holdings, Inc., or a
tenant or tenants, and said property IS
more commonly known as 22 71
Trammel Road, Cumming, Forsyth
County, Georgia 30130; however,
please refer only to the legal description
for the location of this property. The
undersigned reserves the right to sell the
properties separately or together.
Branch Banking & Trust Company
Attorney in Fact for CSD Holdings, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT "A"
Legal description of
All that tract or parcel land lying and
being in Land Lots 509 and 510 of the
2nd District, 1st Section of Forsyth
County, Georgia, and being more partic¬
ularly described as follows:
TO FIND THE TRUE POINT OF BEGIN¬
NING, begin at the common intersec¬
tions of Land Lot 509, 510, 571, and
572; thence North 00 degrees 17 min¬
utes 00 seconds West 664.9 feet to a
point marked by a rock and the TRUE
POINT OF BEGINNING; the TRUE
POINT OF BEGINNING thus estab¬
lished, thence South 88 degrees 48 min¬
utes 51 seconds East 582.07 feet to a
point in following the centerline of a stream;
thence the centerline of the
stream in a northeasterly, northwesterly,
northeasterly and northwesterly direction
the following courses and distances;
North 15 degrees 06 minutes 11 sec¬
onds East 120.68 feet to a point; North
19 degrees 53 minutes 59 seconds East
50.13 feet to a point; North 19 degrees
37 minutes 13 seconds East 19.70 feet
to a point; North 51 degrees 47 minutes
59 seconds East 50.93 feet to a point;
North 62 degrees 14 minutes 46 sec¬
onds East 58.57 feet to a point; North 39
degrees 31 minutes 38 seconds West
51.49 feet to a point; North 20 degrees
56 minutes 54 seconds East 62.77 feet
to a point; North 35 degrees 33 minutes
28 seconds East 64.44 feet to point;
North 06 degrees 14 minutes 13 sec¬
onds West 51.06 feet to a point; North 88
degrees 35 minutes 51 seconds West
893.38 feet to a point; said point being
15 feet from the centerline of Trammel
Road; thence South 27 degrees 51 min¬
utes 01 seconds West 71.68 feet to a
point thence South 34 degrees 42 min¬
utes 33 seconds West 51.72 feet to a
point; thence South 42 degrees 17 min¬
utes 24 seconds West 50.54 feet to a
point; thence South 52 degrees 00 min¬
utes 33 seconds West 57.74 feet to a
point; thence South 57 degrees 40 min¬
utes 31 seconds West 112.23 feet to a
point; thence South 49 degrees 05 min¬
utes 33 seconds West 24.44 feet to a
point; thence South 37 degrees 51 min¬
utes 31 seconds West 46.24 feet to a
point; thence South 34 degrees 13 min¬
utes 10 seconds West 106.87 feet to a
point; thence South 36 degrees 22 min¬
utes 18 seconds West 63.31 feet to a
point; thence South 87 degrees 40 min¬
utes 00 seconds East 524.99 feet to the
POINT OF BEGINNING.
This tract of land is more specifically
described by survey and plat for Larry &
Lucy Berryhill, prepared by Clyde N.
Mize, Registered Land Surveyor No.
1625, dated July 9, 1985, and revised
July 25, 1985, and containing 10.32
acres, and recorded in Plat Book 22,
Page 283, Forsyth County, Georgia
records, which Plat is incorporated here¬
in and made a part hereof by reference
for a more detailed description.
L636 5/7,14, 21,28
ADNUM: L637
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained
in that certain Deed to Secure Debt and
Security Agreement J. Michael Doyle,
inc. to Branch Banking 8 Trust Company
dated December 20, 2006 and recorded
in Deed Book 4568, page 108, Forsyth
County, Georgia Records, (hereinafter
referred to as "Deed to Secure Debt"),
said Deed to Secure Debt securing an
Promissory Note ("Note") in the original
principal sum of Two Hundred Fifty Eight
Thousand Seven Hundred Fifty and
No/100 Dollars ($258,750.00), with inter¬
est from said date at the rate stated in
said Note on the unpaid balance until
paid, there will be sold by the under¬
signed at public outcry to the highest bid¬
der for cash before the Courthouse at
Forsyth County, Georgia, within the legal
hours of sale on Tuesday, June 3, 2008,
the property described on Exhibit "A"
attached hereto and incorporated herein
by reference. The debts secured by said
Deed to Secure Debt have been and are
hereby declared due and payable
because of, among other possible events
of default, failure to make payments on
said Notes. The debts remaining in
default, this sale will be made for the pur¬
pose of paying the same and all expens¬
es of this sale, including attorney's fees.
Said property will be sold subject 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 ordi¬
nances, restrictions, easements,
covenants, and matters of record superi¬
or to the Deeds to Secure Debt first set
out above.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is J. Michael Doyle, Inc., or
a tenant or tenants, and said property is
more commonly known 6735 Laurel Oak
Drive, Cumming, Forsyth County,
Georgia However, please rely only on
the legal the description contained in this
notice for location of the property.
Branch Banking & Trust Company
Attorney in Fact for J. Michael Doyle, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT "A"
All that tract or parcel of land lying and
being in Land Lot 1018 of the 2nd
District, 1st Section of Forsyth County,
Georgia, Subdivision, being Lot 501, Laurel Springs
Unit Five, as per plat
recorded in Plat Book 69, Pages 263-
276, Forsyth County, Georgia, Records,
which plat is incorporated herein and
made a part hereof by reference.
L637 5/7,14, 21,28
ADNUM: L638
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale contained
in that certain Deed to Secure Debt,
Assignment of Rents, Security
Agreement and Financing Statement
(hereinafter "Security Deed") from
Kingswood Development, LLC to
SunTrust Bank, successor to National
Bank of Commerce, dated December 22,
2003, recorded January 8. 2004 in Deed
Book 3177 at Pages 127-148, Forsyth
County, Georgia Records, given to
secure an indebtedness as evidenced in
that certain Promissory Note dated June
1, 2007 in the original principal amount
of $888,000.00, as modified (hereinafter
"Note"), with interest from said date at
the rate stated in said Note on the
unpaid balances until paid, there ^ill be
sold by the undersigned at public outcry
to the highest bidder for cash before the
Courthouse at Forsyth County, Georgia,
within the In legal hours of sale on the first
Tuesday June, 2008, the property
described on Exhibit "A" attached hereto
and incorporated herein by reference.
The debt secured by the Security Deed
has been and is hereby declared due
and payable because of, among other
possible events of default, failure to
make payments on said Note and default
the in payment Security of Deed. the obligations The debt secured remaining by
in default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, including attor¬
neys' fees. sold subject
Said property will be 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 liens, of the property, any assess¬
ments, encumbrances, zoning ordi¬
nances, restrictions, easements,
covenants, and matters of record siy^eri-
FORSYTH COUNTY NEWS -Wednesday, May 28,2008
or to the Security Deed first set out
above, including, but not necessarily lim¬
ited to, senior encumbrances that will not
be extinguished by the foreclosure sale
contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is Kingswood Development,
LLC, its heirs or assigns, or a tenant or
tenants, and all or a portion of said real
property Is more commonly known as
Lots 1, 2, 3, 4, 5 and 6 of Unit 1, Section
2 of the Kingswood Lot at of Castleberry Unit
Subdivision and 25 1 of the
Kingswood at Castleberry Subdivision
and 5.59 acres of land located in Land
Lot 199 of the 2nd District, 1st Section,
Forsyth County, Georgia; however,
please refer only to the legal description
for the location of the property.
NEAL J. QUIRK. ESQ.
Attorney for SunTrust Bank
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404)252-1425 TRACT OR PARCEL
ALL THAT OF
LAND lying and being in Land Lot 199 of
the 2nd District, 1st Section of Forsyth
County, Georgia shown and being Lots 1, 2, 3,
4, 5 and 6, as on that certain
Final Subdivision Plat: Kingswood at
Castleberry, Unit 1, Section 2, prepared
by George W. Nelson, Jr., G.R.L.S. No.
966 of Shirley, Nelson and Associates,
Inc., dated March 31, 2006, recorded in
Plat Book 108, Pages 92-94, Forsyth
County, Georgia Records, which plat is
incorporated herein by reference thereto.
AND
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 199
and 162 of the 2nd District, 1st Section
of Forsyth County, Georgia, and being
Lot 25, as shown in that certain Final
Subdivision Plat for: Kingswood at
Castleberry, G.R.L.S. Unit 1, prepared by of George Shirley,
Nelson, Jr., No. 966
Nelson and Associates, Inc., dated
August 2, 2004, recorded in Plat Book
86, Pages 1 through 5. inclusive, Forsyth
County Georgia Records, which plat is
incorporated hgrein by reference thereto.
AND
ALL THAT TRACT OR PARCEL OF
LAND lying and being in land lot
199, 2nd district, 1st section, Forsyth
County, Georgia and being more particu¬
larly described as follows: To find the
POINT OF BEGINNING of this tract,
commence at a point
marking the intersection of the west line
of land lot 199 with the southerly edge of
the right-of-way of Castleberry Road,
(80foot right-of-way);" From established the point of
commencement thus run
thence South 00 degrees 46 minutes 52
seconds West, along the west line of
Iand199, a distance of 687.97 feet to a
point; thence leaving said west line of
land lot 199, run North 82 degrees 31
minutes 18 seconds East, a distance of
74.90 feet to a point at the center-line
intersection of two creeks and the POINT
OF BEGINNING of this tract. From the
POINT OF BEGINNING thus estab¬
lished, run along
the center-line 'of a creek the following
courses and distances, thence North 00
degrees 11 minutes 04 seconds West, a
distance of 13.12 feet to a point; thence
North 40 degrees 31 minutes 12 sec¬
onds
East, a distance of 22.03 feet to a point;
thence North 77 degrees 12 minutes 03
seconds East, a distance of 21.40 feet to
a point; thence North 67 degrees 00 min¬
utes 44 seconds East, a distance of
23.45 feet to a point; thence North 05
degrees 56 minutes 00 seconds West, a
distance of 18.17 feet to a point, thence
North 64 degrees 24 minutes 41 sec¬
onds East, a distance of 31.57 feet to a
point; thence North 24 degrees 10 min¬
utes 16 seconds East, a distance of 8.23
feet to a point, thence North 68 degrees
34 minutes 58 seconds West, a distance
of 18.73 feet to a point; thence North 46
degrees 50 minutes 42 seconds West, a
distance of 10.56 feet to a point; thence
North 47 degrees 28 minutes 47 sec¬
onds East, a distance of 10.67 feet to a
point; thence South 80 degrees 48 min¬
utes 14 seconds East, a distance of
13.40 feet to a point; thence North 74
degrees 23 minutes 09 seconds East, a
distance of 22.89 feet to a point; thence
South 69 degrees 00 minutes 54 sec¬
onds East, a distance of 10.35 feet to a
point; thence North 74 degrees 43 of min¬
utes 31 seconds East, a distance 9.88
feet to a point; thence North 26 degrees
45 minutes 48 seconds East, a distance
of 24.13 feet to a point; thence North 35
degrees 35 minutes 41 seconds West, a
distance of 22.92 feet to a point; thence
North 00 degrees 23minutes 39 seconds
West, a distance of 27.23 feet to a point;
thence North 38 degrees 26 minutes feet 15
seconds East, a distance of 14.71 to
a point; thence North 88 degrees 31 min¬
utes 44 seconds East, a distance of
38.26 feet to a point; thence North 28
degrees OOminutes 26 seconds East, a
distance of 29.92 feet to a point; thence
North 86 degrees 47 minutes 31 sec¬
onds East, a distance of
20.33feet to a point; thence South 77
degrees 15 minutes 33 seconds East, a
distance of 25.02 feet to a point; thence
North 37 degrees 24 Minutes 45 sec¬
onds East, a distance of 9.51 feet to a
point; thence North 37 degrees 24 min¬
utes 45 seconds East, a distance of 6.08
feet; thence North 75 degrees 14 min¬
utes 42 seconds East, a distance of
11.36 feet to a point; thence South 61
degrees 03 minutes 36 seconds point; East, a
distance of 10.89 feet to a thence
North 57 degrees 26 minutes 11 sec¬
onds East, a distance of 25.26 feet to a
point; thence North 36 degrees 37 min¬
utes 35 seconds East, a distance of
12.80 feet to a point; thence North 16
degrees 45 minutes 23 seconds West, a
distance of 11.14 feet to a point; thence
North 21 degrees 10 minutes 31 sec¬
onds East, a distance of 10.00 feet to a
point; thence North 81 degrees 21 min¬
utes 46 seconds East, a distance of
17.86 feet to a point; thence North 43
degrees 11 minutes 24 seconds East, a
distance of 18.89 feet to a point; thence
North 24 degrees 28 minutes 46 sec¬
onds East, a distance of 11.25 feet to a
point; thence North 24 degrees 28 min¬
utes 46 seconds East, a distance of 8.38
feet; thence North 48 degrees 53 min¬
utes 48 seconds West, a distance of
12.17 feet to a point; thence North 02
degrees 01 minutes 25 seconds West, a
distance of 10.57 feet to a point; thence
North 88 degrees 33 minutes 26 sec¬
onds East, a distance of 8.00 feet to a
point; thence North 69 degrees 55 min¬
utes 18 seconds East, a distance of
11.00 feet to a point; thence North 07
degrees 23 minutes 59 seconds East, a
distance of 12.48 feet to a point; thence
North 28 degrees 04 minutes 29 sec¬
onds East, a distance of 21.11 feet to a
point; thence North 30 degrees 09 min¬
utes 59 seconds East, a distance of
11.41 feet to a point; thence North 30
degrees 09 minutes 59 seconds East, a
distance of 23.08 feet; thence North 42
degrees 21 minutes 00 seconds East, a
distance of 25.99 feet to a point; thence
North 34 degrees 43 minutes 50 sec¬
onds East, a distance of 10.14 feet to a
point; thence North 34 degrees 43 min¬
utes 50 seconds East, a distance of
14.56 feet; thence South 76 degrees 58
minutes 22 seconds East, a distance of
12.20 feet to a point; thence North 36
degrees 54 minutes 06 seconds East, a
distance of 14.29 feet to a point; thence
North 31 degrees 19 minutes 46 sec¬
onds West, a distance of 21.88 feet to a
point; thence North 50 degrees 48 min¬
utes 05 seconds East, a distance of
25.75 feet to a point; thence North 03
degrees 08 minutes 25 seconds East, a
distance of 2.64 feet to a point; thence
North 03 degrees 08 minutes 25 sec¬
onds East, a distance of 10.98 feet;
thence North 46 degrees 03 minutes 56
seconds East, a distance of 29.1 1 feet
to a point; thence North 25 degrees 42
minutes 37 seconds West, a distance of
13.71 feet to a point; thence North 58
degrees 26 minutes 39 seconds East, a
distance of 22.25.feet to a point; thence
North 58 degrees 26 minutes 39 sec¬
onds East, a distance of 17.97 feet;
PAGE 7B
thence North 33 degrees 48 minutes 53
seconds West, a distance of 7.49 feet to
a point; thence North 07 degrees 08 min¬
utes 34 seconds East, a distance of
10.75 feet to a point; thence North 63
degrees 23 minutes 40 seconds East, a
distance of 20.80 feet to a point, thence
North 38 degrees 36 minutes 15 sec¬
onds West, a distance of 20.92 feet to a
point; thence North 45 degrees 08 min¬
utes 28 seconds East, a distance of
22.78 feet to a point; thence South 76
degrees 09 minutes 46 seconds East, a
distance of 14.12 feet to a point; thence
North 54 degrees 58 minutes 01 sec¬
onds East, a distance of 43.75 feet to a
point; thence leaving the center-line of
said creek, run South 22 degrees 30
minutes 00 seconds East, a distance of
163.81 feet to a point, thence South 16
degrees 12 minutes 00 seconds East, a
distance of 99.26 feet to a point, thence
South 08 degrees 13 minutes 44 sec¬
onds East, a distance of 119.15 feet to a
point; thence South 03 degrees 36 min¬
utes 16 seconds East, a distance of
71.83 feet to a point; thence South 02
degrees 32 minutes 28 seconds West, a
distance of 128.87 feet to a point; thence
South 01 degrees 20 minutes 46 sec¬
onds West, a distance of 209.17 feet to a
point in the center-line of a creek; thence
along the center-line of said creek the
following courses, North 68 degrees 06
minutes 56 seconds West, a distance of
17.09 feet to a point; thence North 87
degrees 02 minutes 20 seconds West, a
distance of 16.27 feet to a point; thence
North 84 degrees 10 minutes 17 sec¬
onds West, a distance of 24.77 feet to a
point; thence North 31 degrees 46 min¬
utes 26 seconds West, a distance of
11.99 feet to a point thence North 45
degrees 12 minutes 23 seconds West, a
distance of 12.60 feet to a point; thence
North 77 degrees 23 minutes 55 sec¬
onds West, a distance of 11.83 feet to a ■
point; thence North 71 degrees 26 min¬
utes 52 seconds West, a distance of
30.85 feet to a point, thence North 77
degrees 08 minutes 58 seconds West, a
distance of 22.99 feet to a point, thence
North 70 degrees 02 minutes 37 sec¬
onds West, a distance of 27.82 feet to a
point; thence North 65 degrees 54 min¬
utes 00 seconds West, a distance of
25.26 feet to a point; thence North 03
degrees 39 minutes 30 seconds West, a
distance of 20.76 feet to a point; thence
North 59 degrees 37 minutes 04 sec¬
onds West, a distance of 20.55 feet to a
point: thence South 79 degrees 13 min¬
utes 07 seconds West, a distance of
34.56 feet to a point; thence North 61
degrees 16 minutes 19 seconds West, a
distance of 26.15 feet to a point; thence
North 65 degrees 10 minutes 34 sec¬
onds West, a distance of 22.62 feet to a
point; thence North 70 degrees 25 min¬
utes 15 seconds West, a distance of
25.74 feet a point; thence North 82
degrees 17 minutes 04 seconds West, a
distance of 24.62 feet to a point; thence
South 81 degrees 43 minutes 50 sec¬
onds West, a distance of 43.45 feet to a
point; thence North 48 degrees 00 min¬
utes 20 seconds West, a distance, of
23.15 feet to a point; thence North 67
degrees 40 minutes 40 seconds West, a
distance of 25.34 feet to a point; thence
North 86 degrees 03 minutes 12 sec¬
onds West, a distance of 36.09 feet to a
point; thence North 12 degrees 03 min¬
utes 01 seconds West, a distance of
24.07 feet to a point; thence North 62
degrees 25 minutes 17 seconds West, a
distance of 5.12 feet to a point; thence
South 86 degrees 27 minutes 23 sec¬
onds West, a distance of 30.09 feet to a
point; thence North 81 degrees 28 min¬
utes 49 seconds West, a distance of
14,05 feet to a point; thence North 79
degrees 55 minutes 05 seconds West, a
distance of 25.52 feet to a point; thence
South 79 degrees 04 minutes 59 sec¬
onds West, a distance of 9.48 feet to a
point; thence South 70 degrees 10 min¬
utes 39 seconds West, a distance of
22.51 feet to a point; thence South 89
degrees 42 minutes 02 seconds West, a
distance of 11.74 feet to a point; thence
North 81 degrees 06 minutes 52 sec¬
onds West, a distance of 24.16 feet to a
point; thence South 88 degrees 33 min¬
utes 18 seconds West, a distance of
10.19 feet to a point; thence South 78
degrees 03 minutes 25 seconds West, a
distance of 39.20 feet to a point at the
center-line intersection of two creeks and
the POINT OF BEGINNING of this tract.
Containing 242,486 square feet or 5.57
acres, more or less, as disclosed on that
ALTA/ACSM Land Title Plat of Survey .
prepared LLC, National for Kingswood Bank of Commerce Development, and
First American Title Insurance Company,
dated 11-12-2004 bearing the stamp
and seal of Stephen B. Nelson, GRLS
2924, said survey being incorporated
herein by reference.
L638 5/7,14,21,28
ADNUM: L639
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale contained
in that certain Construction Deed to
Secure Debt and Security Agreement
(hereinafter "Security Deed") from R.H.
Homes Development. LLC. to SunTrust
Bank dated January 10, 2007, recorded
January 17, 2007 in Deed Book 4602 at
Pages 674-684, Forsyth County, Georgia
Records, given to secure an indebted¬
ness as evidenced in that certain
Promissory Note dated January 10. 2007
in the original principal amount of
$1,765,492.00 (hereinafter "Note"), with
interest from said date at the rate stated
in said Note on the unpaid balances until
paid, there will be sold by the under¬
signed at public outcry to the highest bid¬
der for cash before the Courthouse at
Forsyth County, Georgia, within the legai
hours of sale on the first Tuesday in
June, 2008, the property described on
Exhibit “A" attached hereto and incorpo¬
rated herein by reference. The debt
secured by the Security Deed has been
and is hereby declared due and payable
because of, among other possible events
of default, failure to make payments on
said Note and default in payment of the
obligations secured by the Security
Deed. The debt remaining in default, this
sale will be made for the purpose of pay¬
ing the same and all expenses of this
sale, including attorneys' fees.
Said property will be sold subject 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 ordi¬
nances, restrictions, easements,
covenants, and matters of record superi¬
or to the Security Deed first set out
above, including, but not necessarily will lim¬
ited to, senior encumbrances that not
be extinguished by the foreclosure sale
contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is R.H. Homes
Development, LLC, its heirs or assigns,
or a tenant or tenants, and all or a por¬
tion of said real property is more com¬
monly known as Lot Forsyth 57, Greystone
Manor Subdivision, County,
Georgia; however, please for the refer location only to of
the legal description
the property.
NEAL J. QUIRK, ESQ.
Attorney for SunTrust Bank
QUIRK & QUIRK, LLC
325 Centur inqs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All those tracts or parcels of land lying
and being in Land Lot 952 of the 2nd
District, 1st Section of Forsyth County,
Georgia, being of Lots Greystone 2, 7, 8 and Manor 59 on
that final Plat as
recorded in Plat Book 102, pages 12
through 34, Office of the Clerk of the
Superior Court of Forsyth County,
Georgia said plat thereto. being incorporated
herein by reference TOGETHER
WITH: As an appurtenance, an ease
See LEGALS, Page 8B