Newspaper Page Text
LEGALS from Page 8B
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
L532 8/6,13, 23,30
ADNUM: L533
NOTICE OF SALE UNDER POWER
Pursuant to the power of sale contained
in that certain Deed to Secure Debt,
Assignment Agreement of Rents and Security
executed by Cindy L.
Lesman, Trustee of the Cindy L.
Lesman Living Trust Dated February 11,
2003 in favor of Omni National Bank,
dated January , 2006 and record
ed in Deed Book 4164, Page 444,
Forsyth County, Georgia Records; as
modified by instrument recorded in
Deed Book 4380, Page 768, aforesaid
records; as further modified by
unrecorded instrument dated'August 30,
2007, as further modified by unrecorded
instrument dated March 13, 2008 (the
"Security Deed"), the undersigned highest will
sell at public outcry to the bid¬
der for cash before the Courthouse door
in Forsyth County, Georgia, within the
in legal September, hours of sale on the first following Tuesday
2008, the
described property:
All that tract or parcel of land lying and
being in Land Lots 805 of the 1st
Section, Forsyth County, Georgia, and
being more particularly described as fol¬
lows: ,
Beginning at an 5/8 inch rebar found,
which rebar is located North 07 degrees
17 minutes 16 seconds East 892.30 feet
from the corner common to Land Lots
805, 806, 851 and 852; running thence
South 87 degrees 03 minutes 31 sec¬
onds East 278.66 feet to a 1-inch open
pipe found; running thence South 59
degrees 30 minutes 37 seconds East
134.26 feet to a 1-inch open top pipe
found on the Northwesterly right of way
of Old Atlanta Road (80 foot right of
way); running Northwesterly thence Southwesterly
along Old the right of way of
Atlanta Road and following the cur¬
vature thereof an arc distance of 244.47
feet to a point; thence leaving said right
of way and running thence North 76
degrees 42 minutes 50 seconds West
301,93 feet to a 1-inch crimp top found;
running thence North 01 degrees 08
minutes 38 seconds East 231.91 feet to
a 5/8 inch rebar found at the POINT OF
BEGINNING. Being a tract of 2.02
acres as shown on survey for Cindy and
Mark Lesman by Foster Surveying, Inc.
dated March 17, 2003.
To the undersigned's best knowledge
and belief, the address of the above
described properties is 2630 Old
Alabama Rd Cumming, GA 30041.
The debt secured by the Security Deed
is evidenced by (1) a Promissory Note
dated January 30, 2006, executed by
Mark W. Lesman and Cindy L. Lesman
in favor of Omni National Bank, in the
original $1,295,000.00, principal amount of
as modified by that cer¬
tain instrument dated March 13, 2008;
and (2) a Promissory Note dated July
21, 2006 executed by Mark W. Lesman
and Cindy L. Lesman in favor of Omni
National Bank, in the original principal
amount of $1,210,000.00, as modified
by those certain instruments dated
August 30, 2007 and May 12, 2008
(hereinafter jointly referred to as the
"Note").
The indebtedness secured by the
Security Deed has been declared imme¬
diately due and payable by reason of
default under the provisions of the
Security Deed, the Note. The proceeds
from the sale of the above-described
property will be applied toward expens¬
es of sale, all as provided in the Note
and Security Deed, and any balance
remaining shall be applied as provided
by law.
Said property will be sold as the proper¬
ty of Cindy L. Lesman, Trustee of the
Cindy L. Lesman Living Trust Dated
February 11, 2003 who are believed to
be in possession of the property, SUB¬
JECT TO (1) unpaid taxes and special
assessments, if any; and (2) easements
and prior encumbrances of record, if
any. Omni
National Bank
as Attorney-in-Fact for Cindy L.
Lesman, Trustee of the Cindy L.
Lesman Living Trust Dated February 11,
2003
Janet Litt
Omni National Bank
Legal Six Concourse Department
Parkway
Suite 2300
Atlanta, Georgia 30328 (Tai‘
(404) 250-7739 White, Legal
Assistant)
THIS IS AN ATTEMPT TO COLLECT A
DEBT;-ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
L533 8/6,13, 20, 27
ADNUM: L534
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt, Assignment and Security
Agreement dated January 26, 2007,
238, and recorded Forsyth at County Deed Book 4618, (here¬ Page
Records
inafter, together with all amendments
and modifications thereto, the "Security
Deed”), executed and delivered by R.H.
HOMES DEVELOPMENT, LLC
(“Grantor") in favor of REGIONS BANK
(“Lender") to secure the indebtedness
evidenced by that certain Line of Credit
Note dated January 26, 2007, in the
original $10,000,000 principal amount of
made by Grantor to the
order of Lender (as at any time amend¬
ed, modified or restated, the “Note"),
Lender will sell at public outcry to the
highest bidder for cash on the court¬
house steps of Forsyth County,
Georgia, within the legal hours of sale
on the first Tuesday in September of
2008 (to-wit: September 2, 2008), the
following inafter described property (here¬
collectively referred to as the
"Property"):
(a) All those tracts, pieces or parcels of
land of which Grantor is now seized sit¬
uated in Forsyth County, Georgia, being
more particularly described below
(hereinafter referred to as the "Real
Property"):
All that tract or parcel of land lying and
being in Land Lot 953, 954 & 992 of the
1st section, 2nd Land District, Forsyth
County, Georgia and being more partic¬
ularly described as follows; To find the
TRUE POINT OF BEGINNING com¬
mence at the Land Lot corner common
to Land Lots 952, 953, 992 and 993.
THENCE North 89 degrees 45 minutes
45 seconds West for a distance of
243.55 feet to a point, said point being
the TRUE POINT OF BEGINNING.
THENCE North 89 degrees 45 minutes
45 seconds West for a distance of
368.57 feet to a point, said point being
marked by a 1/2 Inch rebar pin with cap;
THENCE South 00 degrees 10 minutes
46 seconds West for a distance of
114.39 feet to a point; THENCE North
90 degrees 00 minutes 00 seconds
West for a distance of 245.76 feet to a
point; THENCE North 00 degrees 00
minutes 00 seconds West for a distance
of 17.74 feet to a point; THENCE North
90 degrees 00 minutes 00 seconds East
for a distance of 12.12 feet to a point;
THENCE North 00 degrees 00 minutes
00 seconds East for a distance of 50.00
feet to a point; THENCE North 90
degrees 00 minutes 00 seconds West
for a distance of 12.12 feet to a point:
THENCE North 00 degrees 00 minutes
00 seconds East for a distance of 89.75
feet to a point; THENCE North 90
degrees 00 minutes 00 seconds West
for a distance of 236.39 feet to a point;
THENCE North 00 degrees 00 minutes
00 seconds East for a distance of 6.63
feet to a point; minutes THENCE North 90
degrees 00 of 00 seconds West
for a distance 174.56 feet to a point;
THENCE South 00 degrees 16 minutes
02 seconds West for a distance of 46.34
feet to a point, said point being marked
by a 1 inch open top pipe; THENCE
North 89 degrees 51 minutes 55 sec¬
onds West for a distance of 292.28 feet
to a point, said point being marked by a
1/2 inch rebar pin set; THENCE North
00 degrees 37 minutes 38 seconds East
tor a distance of 376.81 feet to a point,
said rebar point pin being marked THENCE by South a 1/2 inch 85
set;
degrees 14 minutes 24 seconds East
for a distance of 216.61 feet to 1/2 a point, inch
said point being marked by a
rebar pin set; THENCE South 85
degrees 14 minutes 24 seconds East
for a distance of 15.82 feet to 1/2 a point, inch
said point pin being marked THENCE by South a 86
rebar set;
degrees 00 minutes 40 seconds East
for a distance of 165.83 feet to a point,
said point being marked by a 1/2 inch
rebar pin set; THENCE North 21
degrees 10 minutes 59 seconds East
for a distance of 32.23 feet to a point;
THENCE North 90 degrees 00 minutes
00 seconds East for a distance of
155.00 feet to a point; THENCE along a
curve to the right having a radius of
125.00 feet and an arc length of 182.42
feet, being subtended by a chord of
North 48 degrees 11 minutes 31 sec
onds East for a distance of 166.66 feet
to a point; THENCE South 90 degrees
00 minutes 00 seconds East for a dis¬
tance of 118.00 feet to a point; THENCE
South 00 degrees 00 minutes 00 sec¬
onds East for a distance of 145.94 feet
to a point; THENCE North 90 for degrees dis¬
00 minutes 00 seconds East a
tance of 122.43 feet to a point; THENCE
South 00 degrees 00 minutes 00 sec¬
onds West for a distance of 163.37 feet
to a point; THENCE South 89 degrees dis¬
51 minutes 55 seconds East for a
tance of 302.62 feet to a point; THENCE
along a curve to the left having of a radius
of 75.00 feet and an arc length 17.25
feet, being subtended by a chord of
North 83 degrees 32 minutes 44 see¬
onds East for a distance of 17.21 feet to
a point; THENCE along a curve to the
left having a radius of 15.00 feet and an
arc length of 16.24 feet, being subtend¬
ed by a chord of North 45 degrees 56
minutes 05 seconds East for a distance
of 15.46 feet to a point; THENCE along
a curve to the right having a radius of
50.00 feet and an arc length of 215.78
feet, being subtended by a chord of
South 41 degrees 27 minutes 24 sec¬
onds East for a distance of 83.26 feet to
a point; THENCE South 00 degrees 08
minutes 05 seconds West for a distance
of 132.99 feet to a point, said point
being THE TRUE POINT OF BEGIN¬
NING.
Together with and subject to covenants, of record.
easements, and restrictions
Said property contains 10.336 acres.
The property to be sold includes and
encompasses property that will be
known as Units 4, 5, 41, 42, 43, 44, 45,
46, 47, 48, 49, 50, 51, 52, 53, 54, 55,
56, 57, 58, 59, 60, 61, 88, 89, 90, 91,
92, 93, 94, 95, 96, 100, 101, 103, 104,
105, 106, 107, 118, 119, 120, 121, 122,
123, 124, and 125, Cottages of
Greystone Condominium.
(b) all buildings, structures and improve¬
ments of every nature whatsoever now
or hereafter situated on, under or above
the Land, (the "Improvements"); all
easements, rights-of-way, strips and
gores of land, vaults, streets, ways,
alleys, passages, sewer rights, waters,
water courses, water rights, minerals,
flowers, shrubs, crops, trees, timber and
other elements 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, tene¬
ments, hereditaments and appurtences,
reversions 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 appurtenant
thereto, whether now owned or here¬
after acquired by Borrower; all right, title
and interest of Borrower in all furnish¬
ings, furniture, fixtures, machinery,
apparatus, equipment,,fittings, appli¬
ances, building supplies and materials,
chattels, goods, farm products, war¬
ranties, general intangibles, trade
names, trademarks, servicemarks,
logos (including any names or symbols
by which the Real Property is known)
and goodwill related thereto, and all
other articles of personal property of
every kind and nature whatsoever, tan¬
gible or intangible, arising now heretofore the or
hereafter out of or related to
ownership of the Real Property, or
acquired with proceeds of any loan
secured by this Instrument, or located
in, on or about the Real Property, or
used or intended to be used with or in
connection with the construction, use,
operation or enjoyment of the attached
and/or detached family dwelling lots.
The Property may be sold as an entirety
or in separate parcels, tracts, lots or
bids, with such election to be
announced by Lender at the sale.
Lender may sell that portion of the
Property as under the laws of the State
of Georgia may constitute an estate or
interest in real estate either separately
from that portion of the Property which,
under the laws of the State of Georgia,
may constitute personalty and not an
interest in real estate (the “Personal
Property"), in which case separate bids in
will be taken therefore, or collectively
a single sale and lot and in a single bid.
Lender may elect not to sell the
Personal Property at the same time as
the remainder of the Property. Notice of
intent to sell separately or in a single lot
and notice of Lender's election with
respect to sale of the Personal Property
will be announced at the sale. With
regard to the sale of either the Real
Property or the Personal the right Property, credit or
both, Lender reserves to
bid at the sale all or any portion of its
debt.
To the best knowledge and belief of the
undersigned, the Property is in the pos¬
session of Grantor, or others with the
permission of Grantor, and may have
been known from time to time as
Cottages at Greystone, Lots or Units 4-
5, 41-46, 47-61, 88-96, 100-101, 103-
107,118-125, Forsyth County, Georgia. IS,
The Property will be sold on an “AS
WHERE IS" basis, without recourse
against Lender and without representa¬
tion or warranty of any kind or nature
whatsoever with respect thereto, with no
assurance afforded as to the exact
acreage contained in the Real Property
description and subject to, among other
exceptions, all of the following: (including,
(a) All outstanding taxes
without limitation, taxes that are liens,
but not yet due or payable), valid assess¬
ments and utility bills that are liens
and encumbrances upon any of the
Property and which are prior in right to
the Security Deed; (b) Any and all ease¬
ments, restrictions, covenants, encum¬
brances and other matters that would
be revealed by an inspection or accu¬
rate survey of the Property; (c) All valid
zoning ordinances; (d) Rights of tenants
under recorded and unrecorded leases;
(e) All valid federal tax liens (if any)
affecting any of the Property and the
rights of the United States Government
relative thereto, including, but not limit¬
ed to, the right of redemption of the
United States Government, if any such
rights validly exist; and (f) restrictions, Any and all
easements, limitations,
reservations, covenants and encum¬
brances of record to which the Security
Deed is subordinate in terms of priority.
The indebtedness evidenced by the
Note and secured by the Security Deed
has been, and is hereby, declared
immediately defaults due Grantor and payable because Note,
of by under the
including, but not limited to, defaults
resulting indebtedness from the failure when to pay due the In
as and
accordance with the Note. The pro¬
ceeds of the sale of the Property shall
be applied in accordance with the
Security Deed to the payment of Note the
unpaid Indebtedness under the and
and all fees, costs, charges,
expenses of the sale and of all proceed¬
ings in connection therewith, including,
without limitation, attorneys' fees
incurred by Lender.
REGIONS BANK,
as attorney-in-fact DEVELOPMENT, for
R.H. HOMES LLC
PARKER HUDSON RAINER & DOBBS
LLP
Attorneys for Lender
Tyronia M. Morrison, Esq.
1500 Marquis Two Center Tower
285 Peachtree Avenue, NE
Atlanta, Georgia 30303
(404) 523-5300
L534 8/6,13, 20, 27
ADNUM: L535
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con
tained in that certain Construction Deed
to Secure Debt and Security Agreement
from CRI Homes, Inc. to SunTrust Bank
dated June 30, 2006, recorded July 5,
2006, in Deed Book 4345 at Pages 566-
575, Forsyth County, Georgia Records
(hereinafter referred to as "Security
Deed"), given to secure an indebted
ness as evidenced in that certain
Commercial Note dated October 1,
2007, $562,400.00 in the original principal amount of
(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
undersigned at public outcry to the
highest Courthouse bidder for cash before Georgia,
at Forsyth County, first
within the legal hours of sale on the
Tuesday in September, 2008, the prop¬
erty described on Exhibit “A” attached
hereto and incorporated herein by refer¬
ence. 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 remaining by the Security Deed. The will debt be
in default, this sale
made for the purpose of 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
ordinances; restrictions, easements,
covenants, and matters of record supe¬
rior to the including, Security Deed first necessarily set out
above, but not
limited 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 CRI Homes, Inc., its
heirs or assigns, or a tenant or tenants,
and all or a portion of said real property
is more commonly known as Lot County, 219,
Preserve at Fieldstone, Forsyth
Georgia; however, please for refer only to of
the legal description the location
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
Exhibit A
Legal Description lying
ALL THAT tract or parcel of land
and being in Land Lots 1230, 1291 and
1292 of the 3rd District, 1st Section of
Forsyth County, Georgia, being Lot 219,
Preserve at Fieldstone, Phase II, Unit I,
as per plat recorded in Plat Book Georgia 101,
Pages 72-87, Forsyth County,
records, which plat is hereby referred to
and made a part of this description.
L535 8/6,13, 20, 27
ADNUM: L536
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con¬
tained in that certain Construction Deed
to Secure Debt and Security Agreement
from CRI Homes, Inc. to SunTrust Bank
dated June 30, 2006, recorded July 5,
2006, in Deed Book 4345 at Pages 586-
595, Forsyth County, Georgia Records
(hereinafter referred to as “Security
Deed"), given to secure an indebted¬
ness as evidenced in that certain
Commercial-Note dated October 1,
2007, in the original principal amount of
$562,900.00 (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
undersigned at public outcry to the the
highest Courthouse bidder Forsyth for cash County, before Georgia,
at
within the legal hours of sale on the first
Tuesday in September, 2008, the prop¬
erty described on Exhibit "A" attached
hereto and incorporated herein by refer¬
ence. 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 paying 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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above, including, but not necessarily
limited 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 CRI Party in possession of
the property is Homes, Inc., its
heirs or assigns, or a tenant or tenants,
and all or a portion of said real property
is more commonly known as Lot 242,
Preserve at Fieldstone, 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 Drive, West
6000 Lake Forrest N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal THAT Description
ALL tract or parcel of land lying
and being in Land Lots 1230, 1291 and
1292 of the 3rd District, 1st Section of
Forsyth County, Georgia, being Lot 242,
Preserve at Fieldstone, Phase II, Unit I,
as per plat recorded in Plat Book 101,
Pages 72-87, Forsyth County, Georgia
records, which plat is hereby referred to
and made a part of this description.
L536 8/6,13, 20, 27
ADNUM: L537
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con¬
tained in that certain Construction Deed
to Secure Debt and Security Agreement
from CRI Homes, Inc. to SunTrust Bank
dated June 30, 2006, recorded July 5,
2006, in Deed Book 4345 at Pages 606-
615, Forsyth County, Georgia "Security Records
(hereinafter Deed"), referred to as
given to secure in an indebted¬ certain
ness as evidenced that
Commercial Note dated October 1,
2007, In th§ original principal amount of
$547,400.00 (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
undersigned at public outcry to the
highest bidder for cash before the
Courthouse at Forsyth of County, Georgia, fir
within the legal September, hours sale on the rst
Tuesday described in Exhibit 2008, "A" the attached prop¬
erty incorporated on herein by refer¬
hereto and
ence. 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
made remaining in default, this sale will be
for the purpose of the
same and all expenses of this sale,
including Said attorneys' will fees.
property 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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above, including, but not necessarily
limited to, senior encumbrances that will
not be extinguished by the foreclosure
sale contemplated knowledge by this Notice.
To the best and belief of the
undersigned, the CRI Party in possession of
the property is Homes Inc., its heirs
or all assigns, portion or a of tenant said or real tenants, and Is
or a property
more commonly known as Lot County, 250,
Preserve at Fieldstone, Forsyth
Georgia; however, please refer location only to
the legal description for the 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
Exhibit A
ALL Legal Description lying
THAT tract or parcel of land
and being in Land Lots 1230, 1291 and
1292 of the 3rd District, 1st Section of
Forsyth County, Georgia, being Lot 250,
Preserve at Fieldstone, Phase II, Unit I,
as Pages per plat recorded in Plat Book Georgia 101,
72-87, Forsyth County,
records, which plat is hereby referred to
and made a part of this description.
L537 8/6,13, 20, 27
ADNUM: L538
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 &
Security LLC Agreement from Hurt Crossing,
to First Cherokee State Bank,
dated October 14, 2005, and recorded
in Deed Book 4010, Page 497, 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 Eight Million One
Hundred Ninety Eight Thousand and
No/100 Dollars ($8,198,000.00), 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 bidder at public outcry to the highest
for cash before the Courthouse
at Forsyth County, Georgia, within the
legal September hours of sale on Tuesday,
2, 2008, the property
described on Exhibit "A" attached here¬
to 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 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 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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Deeds to Secure Debt first
set out above, including, but not neces¬
sarily limited to, senior encumbrances
that will not be extinguished by the fore¬
closure sale contemplated by this
Notice.
To the best knowledge and belief of the
undersigned, the Party Crossing, in possession LLC, of
the property is Hurt or a
tenant or tenants, and said property is
more commonly known various portions
of and/or lots in Hunter's Walk, Forsyth
County, Georgia; However, please refer
only to the legal description for the loca¬
tion of this property. Please note that
the undersigned reserves the right to
sell the properties separately or togeth
er.
Branch Banking & Trust Company Crossing, LLC
Attorney G. in Quirk, Fact for Hurt
Martin 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 of Lots 707, 708, of 709, Forsyth 733
and 734 the 3rd District
County, Georgia being more particularly
described as follows:
BEGINNING at a "Rock Found" at the
common corner of Land Lots 709, 708,
732 and 733 of the 3rd District of
Forsyth County, Georg ia as shown on
that certain ALTA/AC SM Land Title
Survey for Title Old Mill Realty Company LLC, First and
American Insurance
First Cherokee State Bank, prepared by
Surveying 10/6/05, Solutions, 10/13/05 Inc., dated said
last revised
"Rock Found" also being known as THE
TRUE POINT OF BEGINNING.
From the TRUE POINT OF BEGINNING
as thus being established, THENCE
running along the south line of Land Lot
709 North 89 degrees 46 minutes 13
seconds West a distance of 1,118.36
feet to a point, said point being located
in the approximate centerline of Yellow
Creek (where the centerline of said
creek is the property line);
THENCE running in a northerly direc¬
tion and following the centerline of said
creek a distance of 1,437.2 feet (more
or less) to a point located in the center
line of said creek, said point being on
the south line of a parcel of land now
formally owned by James G. Page (Plat
Book 23, Page 124 of the Forsyth
County, Georgia records), said
having a traverse line running along and
parallel with the following courses and
distances.
THENCE from said point in the center
line of Yellow Creek and on the south
line of Land Lot 709 and northerly leaving direc¬ said
centerline running in a
tion and following a creek traverse
the following courses and distance;
THENCE running North 15 degrees
minutes 19 seconds West a distance
324.53 feet to a point; THENCE
North 06 degrees 26 minutes 21
onds West a distance of 126.90 feet to
point; THENCE running North
degrees 56 minutes 02 seconds East
distance of 146.42 feet to a point;
THENCE running North 05 degrees
minutes 44 seconds West a distance
708.12 feet to a point; THENCE
North 42 degrees 48 minutes 46
onds West a distance, of 55.07 feet to
point; said point being located in
approximate centerline of Yellow
(where the centerline line) of said creek
the property and also on the
line of Land Lot 709; THENCE from
point, leaving the centerline of
Creek running along the north line
Land Lot 709 South 89 degrees 29
utes 19 seconds East a distance
1,259.51 feet to an iron pin found
crimp top pipe), said pin found
being at the 661, corner 708 and common 709 of to the
Lots 660,
District of Forsyth County,
THENCE running along the east side
Land Lot 709, along a line common
"Pheasant Run Subdivision"
in Plat Book 42, Georgia Page 238 of
South Forsyth County, degrees 56 minutes 25
00
onds East a distance of 712.90 feet to
point, said centerline point being of located small at
near the a
said creek being the property line
also being the southwest corner
"Pheasant Run" a residential
sion recorded in Plat Book 42,
238 of Forsyth County, Georgia
FOHSYTH COUNTY NEWS ammonia, Aulu“ 13, 2008 -
THENCE leaving said Land Lot line run¬
ning lowing in a the northeasterly centerline direction of said creek and fol¬
a
distance of 1,780.0 feet (more or less)
to a point located in the centerline of
said creek, said creek having a traverse
line running along and parallel with the
following THENCE courses and distances:
running North 88 degrees 46
minutes 43 seconds East a distance of
310.47 feet to a point, said point being
at or near the centerline of a ina feed
creek; THENCE continue along field tra¬
verse line North 64 degrees 30 minutes
34 seconds East a distance of 75.23
feet to a point;
THENCE continue along field traverse
line North 81 degrees 18 minutes 46
seconds East a distance of 132.55 feet
to a point; THENCE continue along field ’
traverse line North 65 degrees 56 min
utes 46 seconds East a distance of
110.05 feet to a point; THENCE contin
ue along field traverse line North 83
degrees distance 58 of minutes 58 seconds East a
108.23 feet to an iron pin
found (1" crimp top pipe);
THENCE leaving said field traverse line
running seconds North East 70 degrees distance 41 minutes
18 a of 111.96
feet to a point; THENCE running North
77 degrees 40 minutes 36 seconds East
a distance of 116.50 feet to a point;
THENCE running North 79 degrees 44
minutes 49 seconds East a distance of
125.04 feet to an iron pih found (1"
crimp top pipe);THENCE running North
77 degrees 28 minutes 25 seconds East
a distance of 132.10 feet to a point;
THENCE running North 38 degrees 39
minutes 36 seconds East a distance of
133.21 feet to an iron pin found (1"
crimp top pipe); THENCE running North
53 degrees 28 minutes 02 seconds East
a distance of 118.69 feet to an iron pin
found (1" crimp top pipe);
THENCE running North 81 degrees 10
minutes 15 seconds East a distance of
126.01 feet to a point; THENCE running
North 59 degrees 39 minutes 08 sec
onds East a distance of 40.31 feet to an
iron pin found (1-1/2" angle iron);
THENCE leaving the centerline of said
creek running North 19 degrees 49 min
utes 15 seconds West a distance of
40.57 feet to an iron pin found (1" open
top pipe); THENCE running North 80
degrees 00 minutes 17 seconds East pin a
distance of 306.31 feet to a iron
found (1” open top pipe); THENCE run
ning South 31 degrees 15 minutes 15
seconds East a distance of 59.88 feet to
an iron pin found (1" open top pipe);
THENCE running South 24 degrees 08
minutes 02 seconds East a distance of
15.09 feet to an iron pin found (1“ open
top pipe); THENCE running South 23
degrees 35 of minutes 11 seconds East a
distance 80.00 feet to a point;
THENCE running North 80 degrees 54
minutes 15 seconds East a distance of
275.56 feet to a point, said point being
located on west right of way Hurt Bridge
Road (said road having an apparent 80'
right of way); THENCE southerly along
the west right of way of said road run
ning along a curve to the left an arc dis
tance of 91.29 feet to a point, said curve
being subtended by a chord bearing
South 16 degrees 16 minutes 27 sec
onds East a chord distance of 91.28
feet, said curve having a radius of
2,051.79 feet; THENCE continue along
said right of way running South 19
degrees 30 of minutes 13 seconds East a
distance 169.78 feet to an iron pin
found (1-1/2" open top pipe); THENCE
continue along said right of way running
South 19 degrees 31 minutes 08 sec
onds East a distance of 149.79 feet to
an iron pin found (1" crimp top pipe);
THENCE leave said right of way running
South 84 degrees 43 minutes 18 sec
onds West a distance Of 270.66 feet to
an iron pin found (1-1/2" open top pipe);
THENCE running South 01 degree 18
minutes 22 seconds East a distance of
607.89 feet to an iron pin found (1"
open top pipe), said pin being located
on the south line of Land Lot 707 of the
3rd District of Forsyth County, Georgia;
THENCE running along said Land Lot
line South 89 degrees 19 minutes 37
seconds West a distance of 342.98 feet
to an iron pin found (1" open top pipe);
THENCE leaving said Land Lot line run
ning South 00 degrees 13 minutes 20
seconds East a distance of 569.20 feet
to an iron pin found (1" open top pipe);
THENCE running South 82 degrees 37
minutes 40 seconds West a distance of
262.70 feet to an iron pin set (1/2"
rebar); THENCE running North 86
degrees 14 minutes 20 seconds West a
distance of 163.28 feet to an iron pin set
(1/2" rebar), said pin being located on
the west line of Land Lot 734;
THENCE running along said Land Lot
line North 00 degrees 01 minutes 36
seconds West a distance of 377.81 feet
to an iron pin found (1" crimp top pipe);
THENCE leaving said Land Lot line run
ning South 58 degrees 35 minutes feet 12
seconds West a distance of 279.55
to an iron pin found (1" crimp top pipe);
THENCE running South 05 degrees 40
minutes 58 seconds West a distance of
475.49 feet to an iron pin found (1“
crimp top pipe); THENCE running North
83 degrees 07 minutes 00 seconds
West a distance of 998.05 feet to an
iron pin found (1“ crimp top pipe), said
pin being located on the west line of
Land Lot 733; THENCE running along
said Land Lot line North 00 degrees 07
minutes 23 seconds West a distance of
711.14 feet to a "Rock" found, said
"Rock" being located at the common
corner of Land Lots 708, 709, 732 and
733 of the 3rd District of Forsyth
County, Georgia, said "Rock" found also
being known as the TRUE POINT OF
BEGINNING. Said Overall Parcel of
land is said to contain 4,413,564 Sq. Ft.
or 101.322 Acres (more or less) as
measured to the centerline of "Yellow
Creek". '
Less and Except
All that tract or parcel of land lying and
being in Land Lots 707, 708, 709, 733
and 734 of the 3rd District, 1st Section,
Forsyth County, Georgia, being Lots 1,
2, 3, 100, 101, 102, 103, 104, 105, 106,
107,108,109,110,111,112,113,114,
115, 116, 117, 118, 119, 120, 121, 122,
123, 124, 140, 141, 142, 143, 144, 145,
146,147,148,149,150,151,152,153,
154, 155 and 156 Hunter's Walk, Phase
I, ( a conservation subdivision), as per
plat recorded in Plat Book 108, pages
42-64, Forsyth County Records, said
plat being incorporated herein by refer¬
ence thereto.
L538 8/6,13, 20, 27
ADNUM: L539
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained
in that certain Real Estate Deed to
Secure Debt from Ridgeview 8888, LLC
to Branch Banking & Trust Company as
successor to Main Street Bank, dated
May 30, 2006, and recorded in Deed
Book 4317, Page 437, Forsyth County,
Georgia "Deed Records, Secure (hereinafter Debt"), referred said
to as to
Deed to Secure Debt securing an
Promissory principal Note ("Note") in Million the original One
sum of Two
Hundred ($2,150,000.06), Fifty Thousand with and interest No/100
Dollars
from said date at the rate stated in said L
Note on the unpaid balance until paid ,
there will be sold by the undersigned at
public outcry to Courthouse the highest bidder for
cash before the at Forsyth
County, of Georgia, within September the legal hours
sale on Tuesday, 2, 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 possi¬
ble 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, s
including attorney's fees.
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes whlcn are a lien, but not yet due
and payable), any matters which might
- PAGE QB
—
be disclosed by the an accurate survey and
inspection of property, any assess¬
ments, liens, encumbrances, zoning
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Deeds to Secure Debt first
set out above, Including, but not neces¬
sarily limited to, senior encumbrances
that will not be extinguished by the fore¬
closure sale contemplated by this
Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property Is Ridgeview 8888, LLC, or
a tenant or tenants, and said property is
more Road commonly Ridgeland known McFarland
& Pkwy, Alpharetta,
Forsyth County, Georgia 30004;
However, please refer only to the legal
description for the location of this prop
erty.
Branch Banking & Trust Company
Attorney LLC in Fact for Ridgeview 8888,
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 821 OF THE 2ND LAND DIS
TRICT, 1ST SECTION, FORSYTH
COUNTY, GEORGIA, CONTAINING
9.3407 ACRES AND BEING MORE
FULLY DESCRIBED AS FOLLOWS:
TO FIND THE TRUE POINT OF BEGIN
NING COMMENCE AT A POINT
LOCATED AT THE INTERSECTION OF
THE WESTERLY RIGHT OF WAY LINE
OF MCFARLAND ROAD (RIGHT OF
WAY WIDTH VARIES) AND THE
NORTHERLY RIGHT OF WAY LINE OF
RIDGELAND PARKWAY (60' RIGHT OF
WAY), SAID POINT BEING THE
NORTHEAST END OF A RIGHT OF
WAY'MITER; THENCE RUN ALONG
THE NORTHERLY RIGHT OF WAY OF
RIDGELAND PARKWAY ALONG SAID
MITER, SOUTH 37 DEGREES 10 MIN
UTES 30 SECONDS WEST FOR A
DISTANCE OF 28.45 FEET TO A
POINT; SAID POINT BEING THE
SOUTHWEST END OF SAID MITER;
THENCE CONTINUING ALONG SAID
RIGHT OF WAY SOUTH 82 DEGREES
31 MINUTES 18 SECONDS WEST
FOR A DISTANCE OF 174.51 FEET TO
A POINT; THENCE CONTINUING
ALONG SAID RIGHT OF WAY ALONG
A CURVE TO THE RIGHT HAVING A
RADIUS OF 590.0 FEET AND AN ARC
LENGTH OF 80.83 FEET, BEING SUB
TENDED BY A CHORD OF SOUTH 86
DEGREES 55 MINUTES 55 SECONDS
WEST FOR A DISTANCE OF 90.74
FEET TO AN IRON PIN SET, SAID
IRON PIN SET BEING THE TRUE
POINT OF BEGINNING; THENCE
FROM THE TRUE POINT OF BEGIN
NING THUS ESTABLISHED AND CON
TINUING ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 590.0 FEET
AND AN ARC LENGTH OF 128.68
FEET, BEING SUBTENDED BY A
CHORD OF NORTH 82 DEGREES 24
MINUTES 35 SECONDS WEST FOR A
DISTANCE OF 128.43 FEET TO AN
IRON PIN SET; THENCE CONTINUING
ALONG SAID RIGHT OF WAY ALONG
A CURVE TO THE RIGHT HAVING A
RADIUS OF 400.00 FEET AND AN
ARC LENGTH OF 91.97 FEET, BEING
SUBTENDED BY A CHORD OF
NORTH 69 DEGREES 34 MINUTES 29
SECONDS WEST FOR A DISTANCE
OF 91.77 FEET TO AN IRON PIN SET;
THENCE CONTINUING ALONG SAID
RIGHT OF WAY NORTH 82 DEGREES
59 MINUTES 16 SECONDS WEST
FOR A DISTANCE OF 270.35 FEET TO
AN IRON PIN SET; THENCE CONTIN
UING ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE LEFT HAV
ING A RADIUS OF 410.0 FEET AND
AN ARC LENGTH OF 99.86 FEET,
BEING SUBTENDED BY A CHORD OF
NORTH 69 DEGREES 57 MINUTES 56
SECONDS WEST FOR A DISTANCE
OF 99.62 FEET TO AN IRON PIN SET;
THENCE LEAVING SAID RIGHT OF
WAY NORTH 03 DEGREES 57 MIN
UTES 20 SECONDS EAST FOR A DIS
TANCE OF 477.39 FEET TO AN IRON
PIN SET; THENCE NORTH 89
DEGREES 38 MINUTES 28 SECONDS
EAST FOR A DISTANCE OF 591.32
FEET TO A 3/4 “ CRIMP TOP FOUND;
THENCE NORTH 41 DEGREES 37
MINUTES 28 SECONDS EAST FOR A
DISTANCE OF 86.98 FEET TO AN
IRON PIN SET ON THE AFORESAID
WESTERLY RIGHT OF WAY OF
MCFARLAND ROAD; THENCE RUN
ALONG SAID RIGHT OF WAY OF
MCFARLAND ROAD SOUTH 16
DEGREES 01 SECONDS 07 MINUTES
EAST FOR A DISTANCE OF 29.99
FEET TO AN IRON PIN SET; THENCE
CONTINUING ALONG SAID RIGHT OF
WAY NORTH 64 DEGREES 57 MIN
UTES 00 SECONDS EAST FOR A DIS
TANCE OF 28.66 FEET TO AN IRON
PIN SET; THENCE CONTINUING
ALONG SAID RIGHT OF WAY SOUTH
11 DEGREES 13 MINUTES 45 SEC
ONDS EAST FOR A DISTANCE OF
391.84 FEET TO AN IRON PIN SET;
THENCE CONTINUING ALONG SAID
RIGHT OF WAY SOUTH 78 DEGREES
46 MINUTES 16 SECONDS WEST
FOR A DISTANCE OF 15.00 FEET TO
AN IRON PIN SET; THENCE CONTIN
UING ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 5639.58 FEET
AND AN ARC LENGTH OF 61.17
FEET, BEING SUBTENDED BY A
CHORD OF SOUTH 10 DEGREES 55
MINUTES 06 SECONDS EAST FOR A
DISTANCE OF 61.17 FEET TO AN
IRON PIN SET; THENCE LEAVING
SAID RIGHT OF WAY SOUTH 83
DEGREES 07 MINUTES 22 SECONDS
WEST FOR A DISTANCE OF 285.03
FEET TO AN IRON PIN SET; THENCE
SOUTH 09 DEGREES 16 MINUTES 34
SECONDS EAST FOR A DISTANCE
OF 255.99 FEET TO AN IRON PIN SET
ON THE AFORESAID NORTHERLY
RIGHT OF WAY OF RIDGELAND
PARKWAY, SAID IRON PIN BEING THE
TRUE POINT OF BEGINNING.
L539 8/6,13, 20, 27
ADNUM: L540
NOTICE OF SALE UNDER POWER
FORSYTH COUNTY, GEORGIA
By virtue of the Power of Sale contained
in the Primary Capital Advisors, L.C.
Deed to Secure Debt and Security
Agreement given by R.H. Homes
Development, LLC SSB, (“Borrower") to of
Franklin Bank, as assignee L.C.
Primary Capital Advisors,
("Lender"), pursuant to the Assignment dated
of Note and Security Deed recorded
January 30, 2007, and
February 13, 2007, in Deed Book 4634,
Pages 247-248, Superior Court of
Forsyth County, Georgia Records, the
Primary Capital Advisors, L.C. Deed to
Secure Debt and Security Agreement
being dated January 30, 2007, and
recorded February 13, 2007, in Deed
Book 4634, Pages 233-246, Georgia Superior
Court of Forsyth County, certain
Records, as modified by that
First Modification Agreement Debt to Loan
Note and Deed to Secure and
Security Agreement (04-2008 Extension
Modification) given by 30, Borrower 2008, and to
Lender, dated January
recorded April 14, 2008, in Deed Book
5099, Pages 422-427, Superior Court of
Forsyth County, Georgia Records (col¬
lectively, the "Security Deed"), said
Security Construction Deed being Loan given Note to made secure by a
Borrower in favor of Lender, dated
January 30, 2007, of ONE in the MILLION original SIXTY- princi¬
pal amount THOUSAND AND 00/100 DOL¬
EIGHT
LARS ($1,068,000.00), as modified by
that certain Modification of Promissory
Note given by Borrower to Lender,
dated'January 30, 2008, in the original
R rincipal amount of NINE HUNDRED
INETY-SIX THOUSAND EIGHT HUN
DRED AND 00/100 DOLLARS
($996,800.00) (collectively, the "Note"),
See LEGALS, Page 10B