Newspaper Page Text
LEGALS from Page 4B
TRACT 2:
ALL THAT TRACT OR PARCEL OF
LAND tying and being in Land Lots 769
and 816 of the 2nd District, 1st Section,
Forsyth County, Georgia and being
more BEGINNING particularly described as follows:
at a 3/4 inch by 1-1/2 inch
flat bar located at the land lot corner
common to Land Lots 768, 769, 816
and 817, of said District, County and
State; thence running along ht eland lot
line common to Land Lots 768 and 769
North 01 degree, 17 minutes, 32 sec¬
onds East a distance of 706.18 feet to a
point in the centerline of Mill Creek;
thence leaving the land lot line common
to Land Lots 768 and 769 and running
along following the ceSnterline of said Mill Creek
the courses and distances:
South 82 degrees, 36 minutes, 37 sec¬
onds East a distance of 97.80 feet to a
point: South 81 degrees, 18 minutes 59
seconds East a distance of 111.21 feet
to a point; North 35 degrees, 50 min¬
utes, 56 seconds East a distance of
37.82 feet to a point; South 86 degrees,
48 minutes, 45 seconds East a distance
of 77.41 feet to a point; South 70
degrees, 05 minutes, 15 seconds East a
distance of 145.94 feet to a point,
thence leaving said centerline of Mill
Creek and running South 02 degrees,
35 minutes, 52 seconds West a dis¬
tance of 13.96 feet to a 1-inch open top
pipe found; thence running South
degrees, 36 minutes, 20 seconds West
a distance of 779.97 feet to a 3/4-inch
open South top pipe found; thence running
76 degrees, 28 minutes, 25 sec¬
onds East a distance of 755.32 feet to a
1-inch open top pipe found on the
Northwesterly Stoney right-of-way right-of- line of
Point Road (60-foot
way); thence running Southwesterly
along said Northwesterly right-of-way
line of Stoney Point Road the following
courses and distances: South 50
degrees, 09 minutes, 48 seconds West
a distance of 101.09 feet to a point;
thence South 49 degrees, 57 minutes,
57 seconds West a distance of 51.72
feet to a point; thence South 49
degrees, 30 minutes, 09 seconds West
a distance of 53.48 feet to a point;
thence South 45 degrees, 22 minutes,
15 seconds West a distance of 7.63 feet
to a point; thence South 45 degrees, 22
minutes, 15 seconds West a distance of
47.78 feet to a point; thence South 36
degrees, 33 minutes, 12 seconds West
a distance of 54.42 feet to a point;
thence South 28 degrees, 56 minutes,
27 seconds West a distance of 53.29
feet to a point; thence South 24
degrees, 20 minutes, 58 seconds West
a distance of 52.37 feet to a point;
thence south 23 degrees, 14 minutes,
03 seconds West a distance of 51.38
feet to a point; thence South 22
degrees, 43 minutes, 11 seconds West
a distance of 50.76 feet to a point;
thence South 22 degrees, 05 minutes,
51 seconds West a distance of 12.22
feet to a point; thence South 22
degrees, 05 minutes, 51 seconds West
a distance of 32.75 feet to a point;
thence South 20 degrees, 14 minutes,
18 seconds West a distance of 59.91
feet to a point located at the intersection
of the Northwesterly right-of-way line of
Stoney Point Road an the Northerly
right-of-way line of Shiloh Road East
(60-foot right-of-way); thence running
along said right-of-way line of Shiloh
Road East along the arc of a curve to
the left (said curve having a radius of
848.51 feet and being subtended by a
chord bearing South 88 degrees, 49
minutes, 25 seconds West a chord dis¬
tance of 33.33 feet) an arc distance of
33.33 feet to a point; thence continuing
along said right-of-way line of Shiloh
Road East along the arc of a curve to
the left (said curve having a radius of
848.51 feet and being subtended by a
chord bearing South 86 degrees, 37
minutes, 19 seconds West a chord dis¬
tance of 31.88 feet) an arc distance of
31.88 feet to a point; thence continuing
along said-right-of-way line of Shiloh
Road East South 84 degrees, 51 min¬
utes, 11 seconds West a distance of
13.40 feet to a point; thence continuing
along said right-of-way line of Shiloh
Road East South 82 degrees, 47 min¬
utes, 54 seconds a distance of 182.74
feet to a point; thence continuing of Shiloh along
said right-of-way line Road
East along the arc of a curve to the left
(said curve having a radius of 486.48
feet and being subtended by a chord
bearing South 49 degrees, 58 minutes,
37 seconds West a chord distance of
538.70 feet) an arc distance of 570.90
feet to a point; thence continuing along
said right-of-way line of Shiloh Road
East and running alon the
Northeasterly right-of-way line of Shiloh
Road (60-foot right-of-way) along the
arc of a curve to the right (said curve
having a radius of 19.50 feet and being
subtended by a chord bearing South 75
degrees, 10 minutes, 50 seconds feet) West
a chord distance of 33.59 an arc
distance of 40.47 feet to a point; thence
continuing along the Northeasterly right
of-way line of Shiloh Road (said along the arc
of a curve to the right curve hav¬
ing a radius of 220.00 feet and being
. subtended by a chord bearing North 32
degrees, 47 minutes, 52 seconds West
a chord distance of 143.76 feet) an arc
distance of 146.45 feet to a point;
thence continuing along the
Northeasterly right-of-way line of Shiloh
Road North 83 degree^, 27 minutes, 25
seconds East a distance of 11.00 feet to
a point; thence continuing line along Shiloh and
Northeasterly right-of-way of
Road North 07 degrees, 34 minutes, 59
seconds West a distance of 133.96 feet
to a point; thence continuing along said
Northeasterly right-of-way line of Shiloh
Road along the arc of a curve to the left
(said curve having a radius of 643.11
feet and being subtended by a chord
bearing North 14 degrees, 42 minutes,
04 seconds West a chord distance of
131.10 feet) an arc distance of 131.33
feet to a point on the land lot line com¬
mon to Land Lots 816 and 817; thence
running along said land lot line common
to Land Lots 816 and 817 North 01
degree, 21 minutes, 25 seconds East a
distance of 818.30feet to a 1/4 -inch by
1-1/2 inch flat bar located at the land lot
corner common to Land Lots 768, 769,
816, and 817 and the POINT OF
BEGINNING.
Said tract containing 24.675 acres as
shown on that certain survey prepared
for W. R. Orr, Gainesville Bank and
Trust, Layers Title Insurance
Corporation, dated January 26, 1998,
last revised February 7, 2000, by
Advance Survey, Inc., Richard E.
McDaniel, Jr., GRLS No. 2734.
LESS AND EXCEPT from the
described Property as follows: All
Tract or Parcel of Land lying and
in Land Lots 768, 769, 816 and 817
the 2nd District, 1st Section,
County, Georgia follows: being more
described as
BEGINNING at a point on the land
line common to Land Lots 768 and 769,
said point being north 01°17'32"
706.18 feet along said land lot line
the land lot corner common to
Lots768, 769, 816 and 817;
depart said land lot line and run
82°36'37" east 97.80 feet to a point;
thence south 81°18'59" east 111.21
to a point; run feet thence point; north
east 37.82 to a run
south 86°48'45" east 77.41 feet to
point; run thence south 70°05'15”
145.94 feet to a point; run thence
02°35'52" west 13.96 feet to a point;
thence south 02°36'20 west 779.97
to a 3/4 inch Open Top Found;
thence south 87°52'29" west
feet to a point; run thence
37°36'04" west 481.00 feet to a
run thence south 51°46'17" east
feet to a point; run thence
37°04'01“ west 354.64 feet to a point
the Road northeasterly of right-of-way ); of
(80° right way run
along said rignt-of-way the following
(5) North courses and distances: 51.48 feet
1. 07°31 ’59" west to
point; thence the of
2. Run along arc a
to the left an arc distance of 33.85
said arc having a radius of 643.11
and being subtended by a chord
a bearing and distance of north
10°21'33“ west 33.84 feet;
3. Run thence along the arc of a curve
to the left an arc distance of 97.48 feet,
and said being arc having subtended a radius of 643.11 feet
by a chord having
a 16°12’32" bearing and distance of north
west 97.38 feet;
4. Run thence along the arc of a curve
to the left an arc distance of 498.91
feet, said arc having a radius of 643.11
feet and being subtended by a chord
having a bearing and distance of north
43°00'19" west 486.49 feet to a point;
5. North 65°08'H“ west 80.17 feet to a
point.
Thence depart said right-of-way and run
north 0r09'17” west 73.24 feet to a
point; run thence point; north 41°52'56“ west
77.01 feet to a run thence north
37°21'15" east 114.10 feet to a point;
run thenbe north 02°09'30" west 59.10
feet to a point; run thence north
02°09'30" west 22.62 feet to a point; run
thence north 28 0 14 , 38" east 78.39 feet
to a point; run thence north 04°55'59“
east 185.25 feet to a point; run thence
north 30°34'37” east 112.19 feet to a
point; run thence north 10°46’47" east
148.46 feet to a point; run thence north
35°52'46" east 122.27 feet to a point;
run thence north 26°05‘28“ east 165.54
feet to a point; run thence north
55°08'41" east 176.16 feet to a point on
the land lot line common to Land Lots
768 and 769; run thence along said land
lot line south 01°17'32" west 12.80 feet
to POINT a point and the TRUE PLACE OR
OF BEGINNING.
Said property is shown as Tract 3 con¬
taining April 20.580 acres on a survey dated
19, 2005, by Advance Survey, Inc.,
certified by Christopher M. Shannon,
GRLSN 2475, for PCH Development,
LLC.
(b) All of the personal property of any
nature whatsoever in which the Orr has
or acquires any rights now or hereafter
located on said real property described
above, or in the buildings or other
improvements now or hereafter con¬
structed on said real property described
above and including, electric but not limited to (i) all
gas fixtures, radiators,
heaters, engines and machinery, boil¬
ers, ranges, ovens, surface cooking
units, built-in ovens, elevators and
motors, bathtubs, sinks, water closets,
basins, pipes, faucets, and other air
conditioning, plumbing, furnaces and
heating fixtures and equipment, mirrors,
mantles, iceboxes, refrigerating dishwashers, plants, refrigera¬
tors, disposals, trash garbage
furniture, laundry compactors, carpeting,
equipment, cooking (ii)
apparatus and appurtenances; all
building materials and equipment deliv¬
ered to the real property described
above, to be installed thereon; (iii) such
other goods, equipment, chattels, and
personal property furnished to those let¬
ting or using space in the buildings on
the real property described above; and
(iv) all renewals, proceeds or replace¬
ments thereof or articles in substitution
thereof. All of the estate, right, title and
interest of the Orr in and to all property
of any nature whatsoever, now or here¬
after situated on said real property
described above, in connection with the
operation thereof shall be deemed to be
fixtures and an accession to the free¬
hold and a part of the realty as between
the parties hereto, and all persons
claiming by, through or under them, and
shall be deemed to be a portion of the
security for the indebtedness herein
mentioned and secured by this deed.
(c) All rights, title and interest of Orr in
and to the minerals, flowers, shrubs,
crops, trees, timber and other emble¬
ments now or hereafter on said proper¬
ty. All permits, contracts and approvals
associated with the development of
property.
To the extent that the following is not
covered in paragraph A above, or in
conflict with paragraph A above, the
security listed in paragraphs B, C and D
is additionally pledged and granted as
follows:
B. All buildings, structures and
Improvements of every nature whatso¬
ever now hereafter situated on the
Property, and all gas and electric fix¬
tures, radiators, heaters, engines and
machinery, boilers, ranges, elevators
and motors, plumbing and heating fix¬
tures, ings, fire carpeting extinguishers and other floor cover¬
and any other
safety equipment required by govern¬
mental regulation or law, water heaters,
mirrors, mantels, air conditioning appa¬
ratus, refrigerating window plants, and appurte¬
nances, sashes, screens, awnings and
storm which are or shall be
attached to said buildings, structures or
improvements and all other fixtures,
building supplies and materials, books
and records, and personal property of
every kind and nature whatsoever now
or hereafter owned by Orr and located
in, on or about, or used or intended to
be used with or in connection with the
use, operation or enjoyment of the real
tions, property, improvements, including all extensions, addi¬
acquired betterments, after
property, renewals, replace¬
ments and substitutions, or proceeds
from a permitted sale of any of the fore¬
going, Orr and all the right, title and interest
of in any such fixtures covered and personal
property subject to or by any
prior security agreement, conditional
sales contract, chattel mortgage or simi¬
lar lien or claim, together with the bene¬
fit of any deposits or payments now or
hereafter made by Orr or on behalf of
Orr, and all fixtures, and general intan¬
gibles constituting proceeds acquired
with cash proceeds of any of the prop¬
erty described hereinabove, all of which
are hereby declared and shall be
deemed to be fixtures and accessions
to the Land and a part of the real prop¬
erty as between the parties hereto and
all persons claiming by, through or
under them, and which shall be deemed
to be a portion of the security for the
indebtedness herein described and to
be secured by this Deed. The location
of the above-described collateral is also
the location of the Land. It is the intent
of the parties that any personal property
that is not a fixture, not building materi¬
als or supplies, not attached to the
building, nor necessary for the opera¬
tion and maintenance of the building,
shall be excluded herefrom.
C. All easements, rights-of-way, strips
and gores of land, vaults, streets, ways,
alleys, passages, sewer rights, waters,
water minerals courses, flowers, water shrubs, rights and powers,
crops, trees,
timber and other emblements now or
hereafter located on the Land or under
or above the same or any part or parcel
thereof, and all estates, rights, titles,
interests, privileges, liberties, tene¬
ments, hereditaments and appurte¬
nances, reversion and reversions,
remainder and remainders, whatsoever,
in any way belonging, relating or apper¬
taining to the real property or any part
thereof, or which hereafter shall in any
way belong, relate or be app urtenant
thereto, whether now owned or here
after acquired by Orr.
D. All income, rents issues, profits and
revenues of the real Property from time
to time accruing (Including underleases without limi¬
tation all payments or ten¬
ancies, proceeds of insurance, condem¬
nation payments, tenant security
deposits whether held by Orr or In a
trust account and escrow funds), and all
the estate, right, claim title, interest, property,
possession, and demand whatso¬ Orr,
ever at law, as well as in equity, of
in possession, claim and demand what¬
soever at law, as well as in equity, of
Orr, in and to the same. All permits,
contracts and approvals associated with
the development of the property.
TOGETHER with all and singular the
rights, tenements, hereditaments, mem¬
bers and appurtenances whatsoever, in
taining any way belonging, of relating Premises or apper¬
to any trie herein¬
above mentioned or which hereafter
shall in any way belong, relate or be
appurtenant thereto, whether now
owned or hereafter acquired by the Orr,
including, profits, Issues but not and limited to, all of rents, the
revenues
Premises from time to time accruing,
whether under leases or tenancies now
existing or hereafter created, reserving
on the right to the Orr to collect the
same so long as there is no default
hereunder.
The debt secured by said Deed to
Secure Debt has matured and is due.
The debt remaining due and outstand¬
ing, this of sale will be made for the pur¬
pose paying this the same and the all
expenses of sale, as provided in
Deed to Secure Debt and by law.
Said Property will be sold subject to the
following:
1. All taxes and assessments outstand¬
ing, including those which are a lien not
yet due and payable.
2. Laws and regulations of governmen¬
tal including, authorities without applicable limitation, to tne zoning. Property
3. The exact location of boundary lines,
unrecorded easements, possible
encroachments and other facts or con¬
ditions which would be disclosed by an
accurate survey and inspection of the
Property; and in rights, if any, of persons claims
who may be possession under
not appearing of record.
4. Any other matters which might be dis¬
closed by an accurate survey and
inspection of the Property, any assess¬
ments, liens, encumbrances, zoning
ordinances, restrictions, covenants and
matters of record superior to the
Security Rights Deed first set out above. riparian
5. of upper and lower
owners in and to the waters of creeks
and branches, crossing or adjoining the
property, and the natural flow thereof,
free from diminution or pollution.
6. Rights of tenants in possession, as
tenants only, under unrecorded leases
or rental agreements with a term of less
than one (1) year.
THE FOLLOWING ITEMS AFFECT
TRACT #1:
7. Right of Way Easement in favor of
Forsythe County Rural EMC, dated July
16, 1938, recorded in Deed Book 17,
page 6, Forsyth County Records.
8. Right of Way Easement in favor of
Forsythe County Rural EMC, dated July
16, 1938, recorded in Deed Book 17,
page 8, Forsyth County Records.
9. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, dated June 13, 1960, filed
June 18, 1960, recorded in Deed Book
E, page 222, aforesaid records.
10. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, dated August 26, 1963,
filed September 4, 1963, recorded in
Deed Book 46 page 500, aforesaid
records.
11. Sewer Easement in favor of Forsyth
County, dated January 9, 1997, filed
March 7, 1997, recorded in Deed Book
1087, page 329, aforesaid records.
12. Easements as contained in Right of
Way Deed in favor of Forsyth County,
dated December 22, 1997, recorded in
Deed Book 1209, page 346, aforesaid
records.
13. Easements as contained in Right of
Way County, Warranty Deed in favor of Forsyth
dated May 19, 1999, recorded
in Deed Book 1529, page 347, afore¬
said records.
THE FOLLOWING ITEMS AFFECT
TRACT #2:
14. Rights of upper and lower riparian
owners in and to the waters of Mill
Creek, crossing or adjoining the prop er
ty, and the natural flow thereof, free
from diminution or pollution.
15. Bluegrass Business Center
Declaration of Easements, Covenants,
Conditions and Restrictions for
Bluegrass by Meadows Partners,
Declarant, dated January 5, 1989, filed
January 6, 1989, recorded in Deed
Book 434, page 416, aforesaid records,
as may be amended, modified or
assigned (Assignment recorded in Deed
Book 808, page 84, aforesaid records).
16. Declaration of Protective Covenants,
Conditions, Restrictions and Easements
for the Commercial Area at the
Meadows at Bluegrass, filed February
10, 1995, and recorded in Deed Book
828, page 407, aforesaid records, as
may be amended by Amendment dated
April 26, 2005, filed May 2, 2005,
recorded in Deed Book 3767, page 244,
aforesaid records.
17. Notice of Development Restrictions
regarding recorded Big Deed Creek Flood Plain as
in Book 272, page 515,
and Deed Book 272, page 518, all
aforesaid records.
18. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, October dated September 29,
1959, filed 15, 1959, recorded
in Promiscuous Book E, page 95, afore¬
said records.
19. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, dated July 27, 1973, filed
August 4, 1973, recorded in Deed Book
122, page 724, aforesaid records.
20. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, dated July 20, 1964,
recorded in Deed Book 50, page 542,
aforesaid records.
21. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, dated August 22, 1966,
recorded in Deed Book 65, page 158,
aforesaid records.
22. Easements as contained in Right of
Way Deed in favor of Forsyth County,
filed January 12, 1982, recorded in
Deed Book 222, page 537, aforesaid
records.
23. in favor Temporary of Fdrsyth Construction Easement
February 3, 1966, filed County, dated
March 7, 1997,
recorded in Deed Book 1087, page 331,
aforesaid records.
24. Sanitary Sewer Easement in favor of
Forsyth County, dated February 3,
1996, filed March 7, 1997, recorded in
Deed Book 1087, page 333, aforesaid
records.
25. Easements as contained in Right of
Way Deed in favor of Forsyth County,
dated August 23, 1960, filed September
13, 1960, recorded in Promiscuous
Book E, page 269, aforesaid records.
26. Easement in favor of Sawnee
Electric Membership Corporation, dated
October 8, 1968, filed October 30,
1968, recorded in Deed Book 80, page
664, aforesaid records.
27. Temporary Construction Easement
from Meadows Partners, LLC, to
Forsyth County, dated December 9,
1996, filed March 9, 1997, recorded in
Deed Book 1087, page 323, aforesaid
records.
28. Sewer Easement in favor of Forsyth
County, March dated December 9, 1996, filed
9, 1997, recorded in Deed Book
1087, page 325, aforesaid records.
29. Grant of Sewer Line Easement in
favor of Forsyth County, dated February
23, 1998, filed February 27, 1998,
recorded in Deed Book 1239, page 156,
aforesaid records.
30. Grant of Sewer Line Easement in
favor of Forsyth County, dated March 2,
1998, filed April 1, 1998, recorded in
Deed Book 1259, page 194, aforesaid
records.
31. Right of Way Easement in favor of
Sawnee Electric Membership
Corporation, dated January 24, 1939,
recorded in Deed Book 17, page 258,
aforesaid records.
32. Easements as contained in Right of
Way County, Warranty Deed in favor of Forsyth
dated February 2,1999, record¬
ed in Deed Book 1499, page 802, rere¬
corded in Deed Book 1645, page 353,
aforesaid records.
33. Reciprocal Easement Agreement by
and between W.F. Orr a/k/a Wayne F.
Orr and Buckhead Overlook, LLC, dated
March 13, 2007, filed March 13, 2007,
recorded in Deed Book 4667, page 580,
aforesaid records.
To the best knowledge and belief of the
undersigned, Property the W.F. party O in possession of
the is rr a/k/a Wayne F.
Orr.
SPCP GROUP, L.L.C.
As attorney-in-fact for
W.F. Orr a/k/a Wayne F. Orr
Gary Georgia A. Barnes No.
Bar 038575
Baker, Donelson, Bearman, Caldwell &
Berkowitz, P.C.
Monarch Plaza, Suite 1600
3414 Peachtree Road
Atlanta, GA 30326
(404) 22V6509
L487 8/6,13, 20, 27
ADNUM: L488
Notice of Saie Under Power.
State of Georgia, County of FORSYTH.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by KUK JA MOON to
CHASE HOME FINANCE, LLC, dated
10/04/2002, and Recorded on
10/14/2002 as Book No. 2472 and Page
No. 77-95, FORSYTH County, Georgia
records, as last assigned to CHASE
HOME FINANCE, LLC, by assignment,
conveying the after-described property
to secure a Note of even date in the
original $272,000.00, principal with amount of
interest at the rate
specified therein, there will be sold by
the undersigned at public outcry to the
highest bidder for cash at the
FORSYTH County Courthouse within
the legal hours of sale on the first
Tuesday in September, 2008, the follow¬ THAT
ing described property: ALL
TRACT OR PARCEL OF LAND LYING
AND BEING IN LAND LOT 1197 OF
THE 2 DISTRICT, FORSYTH COUNTY,
GEORGIA, BEING LOT 503, UNIT V,
DEER LAKE SUBDIVISION, AS PER
PLAT RECORDED IN PLAT BOOK 46,
PAGE 36-38, FORSYTH COUNTY
RECORDS, WHICH PLAT IS INCOR¬
PORATED HEREIN BY REFERENCE
AND MADE A PART HEREOF. The debt
secured by said Deed to Secure Debt
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 Deed manner Secure provided Debt. in the Note and
to Because the
debt remains in default, this sale will be
made for the purpose of paying the
same and all expenses of this sale, as
provided in the Deed to Secure Debt
and by law, including attorney's fees
(notice of intent to collect attorney's
fees having been given). The entity that
has full authority to negotiate, amend,
and modify debtor all terms is: of CHASE the mortgage HOME
with the
FINANCE, LLC, 3415 VISION DRIVE,
Foreclosure, COLUMBUS, OH 43224,
800-446-8939. Please understand that
the secured creditor is not required to
negotiate, amend, or modify the terms
of the mortgage instrument. To the best
knowledge party/parties and belief of in the under¬
signed, the possession
of the subject property known as 5535
BUCKHOLLOW DR, ALPHARETTA,
GEORGIA 30005 is/are: KUK JA MOON
or tenant/tenants. 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) any matters which might be dis¬
closed by an accurate survey and
inspection of the property, and (c) all
matters of record superior to the Deed
to Secure Debt first set out above,
including, but encumbrances, not limited to, assess¬
ments, liens, zoning
ordinances, easements, restrictions,
covenants, etc. The sale will be
conducted subject to (1) confirmation
that the sale is not Code; prohibited under the
U.S. Bankruptcy 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 pro¬
cedures cial and nonjudicial regarding the sales rescission in the State of judi¬ of
Gedrgia, the Deed documents Under Power and
other foreclosure may not be
provided until final confirmation and
audit of the status of the loan as provid¬
ed in the preceding paragraph. CHASE
HOME FINANCE, LLC as Attorney in
Fact for KUK JA MOON. THIS LAW
FIRM IS ACTING AS A DEBT COLLEC¬
TOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
20080073401379 BARRETT, DAFFIN &
FRAPPIER, L.L.P. 4004 Beltline,
Building 2, Telephone: Suite 100 Addison, (972) Texas
75001-4417 341-5398.
Page FCGA_NOS_ForNewspaper.rpt 1 of 1
(06/30/08)/Ver-08
L488 8/6,13, 20, 27
ADNUM: L489
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt and Security Instrument
(the "Security Deed") Corporation executed by
Alexander Trading a/k/a
Alexander “Grantor" ebank Trading "Grantee", Company as
to as dated
April 22, 2002 and recorded at Deed
Book 2287, pages 732-739, Records of
Forsyth County, Georgia, limited as amended.
including but not to amendments
reflected by that certain Modification of
Security Deed dated April 10, 2003 and
recorded at Deed Book 2814, Pages
177-178, Records of Forsyth County,
Georgia; and as further amended by
that certain Modification Agreement to
Deed to Secure Debt dated July 6, 2004
and recorded at Deed Book 3429,
Pages 711-713, Records of Forsyth
County, Georgia (the Security Deed as
amended referred to herein as the
"Security Deed’); Grantee will sell at
public outcry to the highest bidder for
cash, between the legal hours of sale
before the door of the Courthouse at
Forsyth County,-Georgia, September on the first
Tuesday September in 2008, the 2008, following to-wit:
2,
described property:
All that tract or parcel of land lying and
being in Land Lot 1139 of the 14th
District, 1st Section of Forsyth County,
Georgia, being Lot 27, Willow Bend,
Phase II, as per plat of survey recorded
in Plat Book 59, Georgia Pages 224-230,
Forsyth County, Records,
which plat is incorporated herein and
made a part hereof by reference.
TOGETHER with all buildings, struc
tures and other improvements now
hereafter located on the property here
inbefore described, or any part and par
cel thereof; and TOGETHER with all
rights, title and interest of Grantor in
and to the minerals, flowers, shrubs,
crops, trees, timber and other emble
ments now or hereafter on said
or above the same or any part or parcel
thereof; TOGETHER and
with all and singular the
tenements, hereditaments,
and appurtenances thereunto belonging
to in any wise appertaining, and
reversion or reversions, remainder and
remainders, rents, issues and
thereof; and also all the estate, right,
title, interest, claim and demand
soever of Grantor of, in and to the
and of, in and to every part and
thereof; and TOGETHER with
machinery, apparatus, whether actually equipment,
tings, structively fixtures, attached said or
to property
including all trade, domestic and
mental fixtures, and articles of
property of every kind and nature
soever "Equipment") (hereinafter collectively
, now or hereafter
in, upon or under said property or
part thereof ad used or usable in
nection with any present or future
ation of said property and now owned
hereafter acquired limiting by Grantor, the
ing, but without all heating, generality
the foregoing,
ing, freezing, lighting, equipment; laundry,
ing and power tanks;
pipes; pumps; plumbing, motors; lifting,
switchboards;
in ifrigeratlng, g, fire prevention, ventilating fire and
re
cations apparatus; boilers, ranges,
naces, oil burners or units
appliances; air-cooling and cleaning
tioning elevators; apparatus; vacuum escalators,
terns;
awning; screens; storm doors and
dows; stoves; wall beds;
attached cabinets; partitions; ducts
compressors; rugs and
draperies; commercial, furniture institutional and furnishings
and
bulldings; together with all
materials and equipment now or
after delivered to the premises
intended to be installed therein;
FORSYTH COUNTY NEWS -Wednesday, August
er with all additions thereto and replace¬
ments thereof (Grantor hereby agreeing
with respect to all additions ad replace¬
ments to execute and deliver from time
to time such further instruments as may
be requested by Grantee to confirm the
conveyance, transfer and assignment of
any of the foregoing); and
TOGETHER with any and all rents
which are now due or may hereafter
become due by reason of the renting,
leasing improvements and bailment of property
thereon and Equipment;
and TOGETHER with any and all
awards or payments, including interest
thereon, and the right to receive the
same, as a result of the (a) the exercise
of the right of eminent domain, (b) the
alteration of the grade of any street, or
(c) any other injury to taking of, or
decrease in the value of, the premises,
to the extent of all amounts which may
be secured by this deed at the date of
receipt of any such award or payment
by Grantee and of the reasonable attor¬
ney's fees, costs and disbursements
incurred by Grantee in connection with
the collection of such award or pay¬
ment.
To the knowledge and belief of the
undersigned, in the the Property is presently
This possession of Grantor.
sale will be made for the purpose
of paying all or a portion of the debt
secured by the Security Deed, including
without limitation, the indebtedness
under that certain Note issued, by
Grantor to Grantee dated April 22,
2002 in the original principal face
amount of $217,600.00, as amended,
including but not limited to amendment
by issued that certain renewal Promissory Note
April by Grantor to Grantee dated
10, 2003, as further amended by
that certain Modification Agreement to
Deed to Secure Debt dated July 6,
2004, which among other things
increased the principal face amount Of
the Note to $227,548.50, as later
amended and consolidated with another
indebtedness of Grantor in that certain
Note issued by Grantor to Grantee
dated July 6, 2004 in the original princi¬
pal face amount of $455,097.00.
The Property will therefore be sold at
public outcry as aforesaid pursuant to
the terms of the power of sale provided
in the Security Deed, for the purpose of
satisfying in whole or in part the out¬
standing (including, amounts secured thereby
without limitation, all princi¬
pal, interest and other charges due or
owing in connection therewith), and
costs and expenses of this sale and all
proceedings including in connection fees, therewith,
which attorneys' notice of
has been properly given pursuant
to O.C.G.A. §13-1-11.
Said Property will be sold subject to: (1)
outstanding ad valorem taxes and/or
assessments lien, whether (including taxes which are
a or not now due and
payable), if any; (2) the right of redemp¬
tion of any taxing authority; (3) all ease¬
ments, liens, encumbrances, zoning
ordinances, covenants, restrictions and
matters of record superior to the
Security Deed, and (4) all matters as
would be disclosed by a current, accu¬
rate survey of the Property.
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of loan with the holder of the
The Security Deed.
Property will be sold on an “as-is,
where-is" basis without recourse
against Grantee and without represen¬
tation or warranty of any kind or nature
whatsoever with respect thereto.
Grantee hereby reserves the right to
suspend the foreclosure proceeding at
any time prior to the acceptance of a bid
and to subsequently resume the foreclo¬
sure proceeding at a time of its choos¬
ful ing or to rebid upon failure of a success¬
bidder to consummate the purchase,
ebank, a federal savings bank
As Attorney-in-Fact for
ALEXANDER TRADING CORPORA¬
TION
Chorey, Corporation Taylor & Feil, a Professional
The Lenox Building, Suite 1700
3399 Peachtree Road, N.E.
Atlanta, Georgia 30326
Attn: Lisa F. Harper, Esq.
(404) 841-3200
L489 8/6,13, 20, 27
ADNUM: L490
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt and Security Instrument
(the "Security Deed") executed by
Alexander Trading Corporation a/k/a
Alexander Trading Company as
"Grantor" to ebank as "Grantee”, dated
April 22, 2002 and recorded at Deed
Book 2287, pages 722-729, Records of
Forsyth County, Georgia, as amended.
including but not limited to amendments
reflected by that certain Modification of
Security Deed dated April 10, 2003 and
recorded at Deed Book 2814, Pages
179-180, Records of Forsyth County,
Georgia; and as further amended by
that certain Modification Agreement to
Deed to Secure Debt dated July 6, 2004
and recorded at Deed Book 3429,
County, Pages 714-716, Records of Forsyth
Georgia (the Security Deed as
amended referred to herein as the
"Security Deed'); Grantee highest will sell for at
public outcry to the bidder
cash, between the legal hours of sale
before the door of the Courthouse at
Forsyth County, Georgia, on the first
Tuesday September in September 2008, to-wit:
2, 2008, the following
described property:
All that tract or parcel of land lying and
being District, in Land Section Lot 1139 of the County, 14th
1st of Forsyth
Georgia, Phase II, being Lot 28, Willow recorded Bend,
in Plat Book as per plat of survey
59, Pages 224-230,
Forsyth County, Georgia Records,
which plat is incorporated herein and
made a part hereof by reference,
TOGETHER with all buildings, struc
tures and other improvements now or
hereafter located on the property here
inbefore described, or any part and par
cel thereof; and TOGETHER with all
rights, title and interest of Grantor in
and to the minerals, flowers, shrubs,
crops, trees, timber and other emble
ments now or hereafter on said property
or above the same or any part or parcel
thereof; and TOGETHER with all and
singular the tenements, hereditaments, thereun
easements and appurtenances
to ing, belonging and the to reversion in any wise reversions, appertain
or
remainder and remainders, rents,
issues and profits thereof; and also all
the estate, right, title, interest, claim and
demand whatsoever of Grantor of, in
and to the same and of, in and to every
part and parcel thereof; and TOGETH
ER with all machinery, apparatus,
equipment, fittings, fixtures, attached whether
actually or constructively including to
said property and all trade,
domestic and ornamental fixtures, and
articles of personal property of every
kind and nature whatsoever (hereinafter
collectively called "Equipment"), under now or
hereafter located In, upon or said
property or any part thereof ad used or
usable in connection with any present
or future operation of said property and
now owned or hereafter acquired by
Grantor, including, but without limiting
the generality of the foregoing, all heat
ing, air-conditioning, Incinerating and freezing, lighting, equlp
laundry, pipes; power tanks;
ment; engines; conduits; switchboards; ; plumb
motors;
ing, lifting, cleaning, fire prevention, fire
extinguishing, refrigerating, ventilating boilers,
and communications apparatus;
ranges, furnaces, oil burners or units
thereof; appliances; air-cooling and air
conditioning apparatus; vacuum clean
ing systems; elevators; escalators,
shades; awning; screens; storm doors
and windows; stoves; wall beds; partitions; refrlg
erators; attached cabinets;
ducts and compressors; rugs and car
pets; draperies; furniture and furnish
mgs in commercial, institutional a^d
PAGE 5B
industrial buildings; together with all
building materials and equipment now
or hereafter delivered to the premises
and intended to be installed therein;
together with all additions thereto and
replacements thereof (Grantor hereby
agreeing with respect to all additions ad
replacements to execute and deliver
from time to time such further Instru¬
ments as may be requested by Grantee
to confirm the conveyance, transfer and
assignment of any of the foregoing); and
TOGETHER with any and all rents
which are now due or may hereafter
become due by reason of the renting,
leasing improvements and bailment of property
thereon and Equipment;
and TOGETHER with any and all
awards or payments, including interest
thereon, and the right to receive the
same, as a result of the (a) the exercise
of the right of eminent domain, (b) the
alteration of the grade of any street, or
(c) decrease any other injury to taking of, or
in the value of, the premises,
to the extent of all amounts which may
be secured by this deed at the date of
receipt of any such award or payment
by Grantee and of the reasonable attor¬
ney's incurred fees, Grantee costs and disbursements
by in connection with
the collection of such award or pay¬
ment.
To the knowledge and belief of the
undersigned, the Property is presently
in the possession of Grantor.
This sale will be made for the purpose
of paying all or a portion of the debt
secured by the Security Deed, including
without limitation, the indebtedness
under that certain Note issued by
Grantor to Grantee dated April 22,
2002 in the original principal face
amount of $217,600.00, as amended,
by including but not limited to amendment
that certain renewal Promissory Note
issued by Grantor to Grantee dated
April 10, 2003, as further amended by
that certain Modification Agreement to
Deed to Secure Debt dated July 6,
2004, which among other things
increased the principal face amount of
the Note to $227,548.50, as later
amended and consolidated with another
indebtedness of Grantor in that certain
Note issued by Grantor to Grantee
dated Juty 6,2004 in the original princi¬
pal face amount of $455,097.00.
The Property will therefore be sold at
public outcry as aforesaid pursuant to
the terms of the power of sale provided
in the Security Deed, for the purpose of
satisfy) standing amounts in whole or secured in part thereby the out
(including, without limitation, all princi¬
pal, interest and other charges due or
owing in connection therewith), and
costs and expenses of this sale and all
proceedings in connection therewith,
which including attorneys' fees, notice of
has been properly given pursuant
to O.C.G.A. §13-1-11.
Said Property will be sold subject to: (1)
outstanding ad valorem taxes and/or
assessments lien, whether (including taxes which are
a or not now due and
payable), if any; (2) the right of redemp¬
tion of any taxing authority; (3) all ease¬
ments, liens, encumbrances, zoning
ordinances, covenants, restrictions and
matters of record superior to the
Security Deed, and (4) all matters as
would be disclosed by a current, accu¬
rate survey of the Property.
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of loan with the holder of the
Security Deed.
The will be sold on an "as-is,
where-is" basis without recourse
against Grantee and without represen¬
tation or warranty of any kind or nature
whatsoever with respect thereto.
Grantee hereby reserves the right to
suspend the foreclosure proceeding at
any time prior to the acceptance of a bid
and to subsequently resume the foreclo¬
sure proceeding at a time of its choos¬
ing or to rebid upon failure of a success¬
ful bidder to consummate the purchase,
ebank, a federal savings bank
As Attorney-in-Fact for
ALEXANDER TRADING CORPORA¬
TION
Chorey, Taylor & Feil, a Professional
Corporation
The Lenox Building, Suite 1700
3399 Peachtree Road, N.E.
Atlanta, Georgia 30326
Attn: Lisa F. Harper, Esq.
(404) 841-3200
L490 8/6,13, 20, 27
ADNUM: L491
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by that
Security Deed, dated January 7, 2008,
executed by ENRIQUE MARTIN
NAPOLES to MORTGAGE ELECTRON¬
IC REGISTRATION SYSTEMS, INC.,
recorded in Deed Book 5008, Page 71,
Forsyth County, Georgia Deed Records,
and securing a Note in the original prin¬
cipal amount of $185,000.00, Mortgage
Electronic Registration Systems, Inc.,
the current holder thereof, has declared
the entire amount of said indebtedness
evidenced by the Note immediately due
and payable and, pursuant to the power
of sale contained in said Security Deed,
will, on the first Tuesday in September,
2008, to-wit: September 2, 2008, during
the legal hours of sale, before the
Forsyth County Courthouse door, sell at
public outcry to the highest bidder for
cash, the following described real prop¬
erty:
All that tract or parcel of land lying and
being in Land Section Lot 273 of the 2nd
District, 1st of Forsyth County,
Georgia, and being of Stonehaven known and desig¬
nated as Lot 38 Terrace,
Unit Two, Tract 1 as recorded at Plat
Book 89, Pages 250-257, Forsyth
County, Georgia of Records, reference to
said plat survey and the record there¬
of being hereby made for a more com¬
plete legal description.
The aforedescribed real property is
also known as 5088 Sherwood Way,
Cumming, Georgia, according to the
present system of numbering houses in
This Forsyth County, will Georgia. subject (1)
sale be conducted
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation of and audit
as to the amount and status the loan
with the holder of the Security determina¬ Deed,
including but not limited to, a reinstated
tion that the borrower has not
the Said loan prior to the foreclosure sold subject sale.
real property will be to
any outstanding ad valorem taxes
(including taxes which are a lien, but not
yet due and payable), the right of
redemption of any taxing disclosed authority, any
matters which might be by an
accurate survey and inspection of the
real property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed
first set out above.
Upon information and belief, said real
property is presently in the possession
or control of ENRIQUE MARTIN
NAPOLES and the proceeds of said
sale will be applied to all the the payment of
said indebtedness and expenses
of said sale, including attorney's fees,
all as provided in said Security Deed
and the excess proceeds, If any, will be
distributed as provided by law.
MORTGAGE ELECTRONIC REGIS¬
TRATION SYSTEMS, INC.
as ENRIQUE Attorney-in-Fact MARTIN for NAPOLES
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
& 233-9700 LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT ON BEHALF OF
THE ABOVE-REFERENCED LENDER
AND ANY INFORMATION WILL BE
USED FOR THAT PURPOSE.
See LEGALS, Page 6B