Newspaper Page Text
PAGE 10B
LEGALS from Page 9B
with interest from the date thereof at the
balance rate as provided therein on the unpaid
the until paid; there will be sold by
highest undersigned bidder at public outcry to the
for cash before the court¬
house door at Forsyth County, Georgia,
within the legal hours of sale on the first
Tuesday ing in September, 2008, the follow¬
described
EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF.
The debt secured by said Security Deed
has been and is hereby declared due
because of, among other possible
events of default, failure to comply with
the terms of the Note. The debt remain¬
ing in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, including attor¬
neys’ fees (notice of intent to collect
attorneys’ Said fees having been given).
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, covenants, and
matters of record superior to the
To Security Deed Knowledge set out above. belief of
the best and
Lender, the described property is in the
possession of Borrower, and said prop¬
erty is more commonly known as LOTS
100, 101, 102, 103, 105, 116, 117, 118,
119, 120, 121, 122, 123, AND 124,
HUNTER'S WALK SUBDIVISION,
PHASE I, FORSYTH COUNTY, GEOR¬
GIA.
The sale will be conducted subject to
(1) confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) final confirmation and audit as
to the status of the loan with the holder
of the Security Deed.
Franklin Bank, SSB
As Attorney-in-Fact for R.H. Homes
Development, LLC ,
Mitchell S. Rosen, Esq..
Rosen Law Group, LLC
950 E. Paces Ferry Road
Atlanta Plaza, Suite 3250
Atlanta, Georgia 30326
404-832-8410
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
EXHIBIT ’’A''
Description of Property
(i) All of Borrower's interest in that cer¬
tain real property located at LOTS 100,
101, 102, 103, 105, 116, 117, 118, 119,
120, 121, 122, 123, AND 124,
HUNTER'S WALK SUBDIVISION,
PHASE I, FORSYTH COUNTY, GEOR¬
GIA, and being more particularly
described as follows:
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 100, 101, 102, 103, 105,
116, 117, 118, 119, 120, 121, 122, 123
AND 124, 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
REFERENCE THERETO.
(ii) All buildings, structures and improve¬
ments of every nature whatsoever now
or hereafter situated on the Land, and
all gas and electric fixtures, radiators,
heaters, engines and machinery, boil¬
ers, ranges, elevators and motors,
and plumbing and heating fixtures, carpeting
other floor coverings, fire extin¬
guishers, and any other safety equip¬
tion ment required washers, by governmental regula¬
or law, dryers, water
heaters, mirrors, mantels, air condition¬
ing apparatus, refrigerating plants,
refrigerators, cooking apparatus and
appurtenances, window screens,
shall awnings and storm sashes, which are or
be owned by Borrower and
attached to said buildings, structures or
improvements and all other furnishings,
furniture, fixtures, machinery, equip¬
ment, appliances, vehicles, building
supplies and materials, books and
farm records, chattels, inventory, accounts,
products, consumer goods, gener¬
al intangibles and personal property of
every kind and nature whatsoever pow
or hereafter owned by Borrower and
located in, on or about, or used or
intended to be used with or in connec¬
tion with the use, operation or enjoy¬
ment of the Property, including all
extensions, additions, improvements,
betterments, after-acquired property,
renewals, replacement and substitu¬
tions, or proceeds from a permitted sale
of any of the foregoing and all the right,
title and interest of Borrower in any
such furnishings, furniture, fixtures,
machinery, equipment, appliances, vehi¬
cles and personal property subject to or
conveyed by any prior security agree¬
ment, conditional sales contract, chattel
mortgage or similar lien or claim,
together with the benefit of any deposits
or payments now or hereafter made by
Borrower or on behalf of Borrower, all
tradenames, trademarks, servicemarks,
logos and goodwill related thereto which
in any way now or hereafter belong,
relate or appertain to the Property or
any part thereof or are now or hereafter
acquired by Borrower; and all inventory,
accounts, chattel paper, documents,
equipment, fixtures, farm products, con¬
sumer goods and general intangibles
constituting proceeds acquired with
cash proceeds of any of the property
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 Property as between
the parties hereto and all persons
claiming which by, through or under them, and
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 thb Land.
(iii) All easements, rights-of-way, strips
and gores of land, vaults, streets, ways,
alleys, passages, sewer rights, waters,
water minerals, courses, water rights and powers,
flowers, shrubs, crops, trees,
timber and other emblements now or
hereafter located on the Land or under
or above the same or any part or parcel
therof and all estates, rights, titles, inter¬
est, privileges, liberties, tenements,
hereditaments and appurtenances,
reversion and reversions, remainder
and remainders, whatsoever, in any way
the belonging, Property relating or appertaining to
or any part thereof, or
which hereafter shall in any way belong,
relate or be appurtenant thereto,
whether now owned or hereafter
acquired by Borrower.
(iv) All income, rents, issues, profits and
revenues of the Property from time to
time accruing (including without limita¬
tion all payments under leases or tenan¬
cies, proceeds of insurance, condemna¬
tion payments, tenant security deposits
whether held by Borrower or in a trust
account, and escrow funds), and all the
estate, right, title, interest, property,
possession, claim and demand whatso¬
ever at law, as well as in equity, of
Borrower or, in and to the same; reserv¬
ing only the right to Borrower to collect
the same (other than insurance pro¬
ceeds and condemnation payments) so
long under. as Borrower is not in default here¬
L540 8/6,13, 20, 27
ADNUM: L541
NOTICE OF SALE UNDER POWER
FORSYTH COUNTY, GEORGIA
By virtue of the Power of Sale contained
in Deed the Primary Secure Capital Debt Advisors, L.C.
to and Security
Agreement given by R.H. Homes
Development, LLC SSB, ("Borrower") to
Franklin Bank, as assignee of
("Lender"), Primary Capital Advisors, Assignment L.C.
Note and pursuant Security to the Deed dated
of
January 30, 2007, and recorded
February 13, 2007, in Deed Book 4634,
Pages 217-218, Superior Court of
FORSYTH COUNTY NEWS — Wednesday, August 13,2008
Forsyth County, Capital Georgia Records, L.C. Deed the
Primary Advisors, to
Secure Debt and Security Agreement
being recorded dated February January 30, 2007, 2007, in Deed and
13,
Book 4634, Pages 204-216, Georgia Superior
Court of Forsyth County,
Records, as modified by that certain
Modification Agreement to Loan Note
and Deed to Secure Debt and Security
Agreement (03-2008 Borrower Interest
Modification) given by to
Lender, dated March 28, 2008, and
recorded Pages April 7, 2008, Superior in Deed Court Book
5092, 95-100, of
lectively, Forsyth County, the “Security Georgia Records Deed"), (col¬
said
Security Deed being given to secure a
Construction Loan Note made by
Borrower in favor of Lender, dated
January 30, 2007, in the original princi¬
pal amount of TWO MILLION TWO
HUNDRED FORTY-FIVE THOUSAND
SIX HUNDRED AND 00/100 DOLLARS
($2,245,600.00), Modification as modified by that
certain of Promissory Note
given by Borrower to Lender, dated
January iginal 30, 2008, for Lot of 106, NINETY- in the
on VE principal amount
FI THOUSAND THIRTY-TWO AND
16/100 DOLLARS ($95,032.16), and
that certain Modification of Promissory
Note given by Borrower to Lender,
dated January 30, 2008, for Lot 107, in
the FIVE original THOUSAND principal amount ONE HUNDRED of NINETY
TWENTY-FOUR AND 16/100 DOLLARS
($95,124.16), and that certain
Modification of Promissory Note given
by Borrower to Lender, dated January
30, 2008, for Lot 108, in the original
principal amount of NINETY-FIVE
THOUSAND ONE HUNDRED TWENTY
AND 16/100 DOLLARS Modification ($95,120.16),
and that certain of
Promissory Note given by Borrower to
Lender, dated January 30, 2008, for Lot
113, NINETY-FOUR in the original THOUSAND principal amount NINE of
HUNDRED FIFTY-THREE AND 16/100
DOLLARS ($94,953.16), and that cer¬
tain Modification of Promissory Note
given by Borrower to Lender, dated
January 30, 2008, for Lot 114, in the
original THOUS, princip al amount NINE of HUNDRED NINETY
FOUR AND
EIGHTY-ONE AND 16/100 DOLLARS
($94,981.16), and that certain
Modification of Promissory Note given
by Borrower to Lender, dated January
30, 2008, for Lot 115, in the original
principal amount of NINETY-FOUR
THOUSAND NINE HUNDRED EIGHTY
NINE AND 16/100 DOLLARS
($94,989.16) (collectively, the "Note"),
with interest from the date thereof at the
rate as provided therein on the unpaid
balance until paid; there will be sold by
the undersigned at public outcry to the
highest bidder for cash before the court¬
house door at Forsyth County, Georgia,
within the legal hours of sale on the first
Tuesday in September, 2008, the follow¬
ing described property:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF.
The debt secured by said Security Deed
has been and is hereby declared due
because of, among other possible
events of default, failure to comply with
the terms of the Note. The debt remain¬
ing in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, including attor¬
neys' fees (notice of intent to collect
attorneys’ fees having been given).
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, covenants, and
matters of record superior to the
Security Deed set out above.
To the best knowledge and belief of
Lender, the described property is in the
possession of Borrower, and said prop¬
erty is more commonly known as LOTS
106, 107, 108, 113, 114, AND 115,
HUNTER'S WALK SUBDIVISION,
PHASE I, FORSYTH COUNTY, GEOR¬
GIA.
The sale will be conducted subject to
(1) confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) final confirmation and audit as
to the status of the loan with the holder
of the Security Deed.
Franklin Bank, SSB
As Attorney-in-Fact for R.H. Homes
Development, LLC
Mitchell S. Rosen, Esq.
Rosen Law Group, LLC
950 E. Paces Ferry Road
Atlanta Plaza, Suite 3250
Atlanta, Georgia 30326
404-832-8410
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
EXHIBIT "A"
Description (i) of Borrower's of Property
All interest in that cer¬
tain real property located at LOTS 106,
107, 108, 113, 114, AND 115,
HUNTER'S WALK SUBDIVISION,
PHASE }, FORSYTH COUNTY, GEOR¬
GIA, and being more particularly
described as follows:
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 106, 107, 108, 113, 114
AND 115, 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 INCORPROATED HEREIN BY
REFERENCE THERETO.
(ii) All buildings, structures and improve¬
ments of every nature whatsoever now
or hereafter situated bn the Land, and
all gas and electric fixtures, radiators,
heaters, engines and machinery, boil¬
ers, ranges, elevators and motors,
plumbing and heating fixtures, carpeting
and other floor coverings, fire extin¬
guishers, and any other safety equip¬
ment required by governmental regula¬
tion or law, washers, dryers, water
heaters, mirrors, mantels, air condition¬
ing apparatus, refrigerating plants,
refrigerators, cooking apparatus and
appurtenances, window which screens,
awnings be and storm sashes, are or
shall owned by Borrower and
attached to said buildings, structures or
improvements and all machinery, other furnishings,
furniture, fixtures, equip¬
ment, appliances, vehicles, building
supplies and materials, books and
records, chattels, inventory, accounts,
farm products, consumer goods, gener¬
al intangibles and personal property of
every kind and nature whatsoever now
or hereafter owned by Borrower and
located in, on or about, or used,or
intended to be used with or in connec¬
tion with the use, operation or enjoy¬
ment of the Property, including all
extensions, additions, improvements,
betterments, after-acquired property,
renewals, replacement and substitu¬
tions, or proceeds from a permitted sale
of any of the foregoing and all the right,
title and interest of Borrower in any
such furnishings, furniture, fixtures,
machinery, equipment, appliances, vehi¬
cles and personal property subject to or
conveyed conditional by any prior security agree¬
ment, sales contract, chattel
mortgage or similar lien or claim,
together with the benefit of any deposits
or payments now or hereafter made by
Borrower or on behalf of Borrower, all
tradenames, trademarks, servicemarks,
logos and goodwill related thereto which
in any way now or hereafter belong,
relate or appertain to the Property or
any part thereof or are now or hereafter
acquired by Borrower; and all inventory,
accounts, chattel paper, documents,
equipment, fixtures, farm products, ibles con¬
sumer goods and general acquired intang
constituting proceeds with
cash proceeds of any of the which property
described hereinabove, all of are
hereby declared ahd shall be deemed to
be fixtures and accessions to the Land
and a part of the Property 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.
(iii) All easements, rights-of-way, strips
and gores of land, vaults, streets; ways,
alleys, passages, sewer rights, waters,
water minerals, courses, water rights and powers,
flowers, shrubs, crops, trees,
timber and other emblements now or
hereafter located on the Land or under
or above the same or any part or parcel
therof and all estates, rights, titles, inter¬
est, hereditaments privileges, and liberties, tenements,
■ appurtenances,
reversion and reversions, remainder
and remainders, whatsoever, in any way
belonging, relating or appertaining to
the Property or any part thereof, or
which hereafter shall in any way belong,
relate or be appurtenant thereto,
whether now owned or hereafter
acquired by Borrower.
(iv) All income, rents, issues, profits and
revenues of the Property from time to
time accruing (including without limita¬
tion all payments under leases or tenan¬
cies, proceeds ofinsurance, condemna¬
tion payments, tenant security deposits
whether held by Borrower or in a trust
account, and escrow funds), and all the
estate, right, title, interest, property,
possession, claim and demand whatso¬
ever at law, as well as in equity, of
Borrower or, in and to the same; reserv¬
ing only the right to Borrower to collect
the same (other than insurance pro¬
ceeds and condemnation payments) so
long as Borrower is not in default here¬
under.
L541 8/6,13, 20, 27
ADNUM: L542
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt and Assignment of Rents
executed by Hedgewood Properties,
Inc., Silver Creek Development, LLC
and Vickery Land Co., LLC (collectively,
"Borrower") to Wachovia Bank, National
Association ("Lender"), dated June 26,
2003 and recorded in the office of the
Clerk of the Superior Court of Forsyth
County, Georgia in Deed Book 3027,
Page 738, as modified by Modification
of Deed to Secure Debt dated February
4, 2004 and recorded in Deed Book
3209, Page 443, said records, as fur¬
ther modified by Modification of Deed to
Secure Debt executed by Borrower,
VLC Development, Inc., James W.
Donnelly, Jr., Pamela D. Sessions, and
Vickery "Grantor") Village, LLC (collectively,
dated March 19, 2004 and
recorded in Deed Book 3263, Page 524,
said records, as further modified by
Modification of Deed to Secure Debt
executed by Grantor dated April 1,2004
and recorded in Deed Book 3288, Page
76, said records, as further modified by
Modification of Deed to Secure Debt
executed by Grantor dated June 14,
2004 and recorded in Deed Book 3405,
Page 443, said records, as further mod¬
ified by Modification of Deed to Secure
Debt executed by Grantor dated July
27, 2004 and recorded in Deed Book
3546, Page 673, said records, and as
further modified by Modification of Deed
to Secure Debt executed by Grantor
dated March 16, 2007 and recorded in
Deed Book 4675, Page 225, said
records (collectively, the "Security
Deed"), the undersigned Lender will sell
at public outcry to the highest bidder for
cash before the door of the Courthouse
of Forsyth County, Georgia, during the
legal hours of sale, on the first Tuesday
in September, to wit: September 2,
2008, the real property conveyed by the
Security Deed and described in Exhibit
A attached hereto and by reference
made a part hereof (all such real prop¬
erty referred being hereinafter collectively
to as the "Property”).
The debt secured by said Security Deed
is evidenced by a Promissory Note
made by Hedgewood Properties, Inc.
and Silver Creek Development, LLC
dated June 26, 2003, in the original
principal amount of $15,000,000.00, as
amended and restated pursuant to that
certain Credit Promissory Note Builder Line of
dated June 14, 2004 in the origi¬
nal principal amount of $20,000,000.00,
made by Borrower, as amended and
renewed (the “Note”), payable principal
and interest from the date thereof at the
rate of interest shown on said Note on
the unpaid balance until paid.
Default has occurred in the payment of
the debt evidenced by the Note and
secured by the Security Deed as a
result of the nonpayment by Borrower of
the indebtedness owed thereunder as
and when due. Accordingly, the total
balance of said debt has been and is
hereby declared due and the Security
Deed foreclosable according to its
terms.
The debt remaining in default, the
Property will be sold to the highest bid¬
der for cash, with the proceeds to be
applied to the payment of said indebted¬
ness, attorneys' fees (notice of intention
to collect attorney's fees having been
given), sale, all and provided the lawful in expenses Note of said the
as the and
Security Deed. Lender has elected to
sell the Property in one bulk sale. The
Property will be sold "as is, where is"
without recourse and without represen¬
tation or warranty, express or implied, of
any nature whatsoever with respect
thereto and subject to (i) any and all
unpaid taxes and assessments, (ii) any
matters which would be disclosed by an
accurate survey or by an inspection of
the Property, (iii) any and all zoning
ordinances affecting bills for the Property, utilities (iv)
all outstanding public
which constitute liens upon the
Property, (v) all covenants, restrictions,
easements, liens, encumbrances and
other matters of record, if any, which
are superior to the lien of the Security
Deed, and (vi) existing easements for
utilities and road the right-of-ways that
cross and/or serve Property.
The sale will be conducted subject to (i)
confirmation that the sale is not prohibit¬
ed under the United States Bankruptcy
Code, and (ii) final confirmation and
audit of the status of the loan with
Lender.
The name, address and telephone num¬
ber of the entity which shall have full
authority to negotiate, Security amend, and mod¬ with
ify all terms of the Deed
the Borrower is Wachovia Bank,
National Association, 123 South Broad
Street, PA1246, Philadelphia,
Pennsylvania 19109, Attention: James
D. Brett (215-670-6628).
To the best of the undersigned Lender’s
knowledge and belief, Grantor is now in
the possession of the Property.
WACHOVIA BANK, NATIONAL ASSO¬
CIATION
as Agent and Attorney -in-Fact for
HEDGEWOOD PROPERTIES, INC.,
SILVER CREEK DEVELOPMENT, LLC,
VICKERY LAND CO., LLC, VLC
DEVELOPMENT, INC., JAMES W.
DONNELLY, JR., PAMELA D. SES¬
SIONS and VICKERY VILLAGE, LLC
Robert M. Trusty, Esq.
Seyfarth Shaw LLP
1545 Peachtree Street, N.E.
Suite 700
Atlanta, Georgia 30309
885-6708
LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
Exhibit A
ParpflI Dno
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 189
and 244, 2nd District, 1st Section,
Forsyth County, Georgia, and being
more BEGIN particularly described as follows: of
at Creek a point on the (44 south right-of- side
Vickery South Road foot min¬
way) located 70 degrees 42
utes 09 seconds East, a distance of
257.96 feet from the common corner of
Land Lots 188, 189, 244 and 245;
thence along a curve to the left a dis-
tance of 67.57 feet, having a chord
bearing North 80 degrees 05 minutes
02 seconds East, a distance of 67.11
feet and a radius of 166.00 feet; thence
along a feet, curve to the right a distance of
15.60 having a chord bearing
South 81 degrees 46 minutes 35 sec¬
onds East, a distance of 14.91 feet and
a radius of 15.00 feet; thence South 51
degrees distance 58 minutes 30 seconds East, a
of 35.21 feet; thence along a
curve feet, to the right a distance of 93.47
having a chord bearing South 31
degrees 13 minutes 06 seconds East, a
distance of 91.44 feet and a radius of
129.00 feet; thence South 10 degrees
27 minutes 42 seconds East, a distance
of 25.15 feet; thence North 79 degrees
32 minutes 18 seconds East, a distance
of 49.00 feet; thence North 10 degrees
27 minutes 42 seconds West, a dis¬
tance of 25.15 feet; thence along a
curve to the left a distance of 128.97
feet, having a chord bearing North 31
degrees 13 minutes 06 seconds West, a
distance of 126.17 feet and a radius of
178.00 feet; thence North 51 degrees
58 minutes 30 seconds West, a dis¬
tance of 1.00 feet; thence along a curve
to the right a distance of 26.27 feet,
having a chord bearing North 01
degrees distance 48 minutes 39 seconds radius West, a
of 23.04 feet and a of
15.00 feet; thence North 48 degrees 21
minutes 12 seconds East, a distance of
250.81 feet; thence South 41 degrees
38 minutes 48 seconds East, a distance
of 100.63 feet; thence South 45 degrees
29 minutes 08 seconds West, a dis¬
tance of 23.82 feet; thence South 35
degrees 20 minutes 20 seconds West, a
distance of 13.80 feet; thence North 54
degrees 39 minutes 40 seconds West, a
distance of 9.00 feet; thence South 35
degrees 20 minutes 20 seconds West, a
distance of 14.20 feet; thence South 51
degrees 10 minutes 03 seconds West, a
distance of 33.00 feet; thence South 35
degrees 20 minutes 20 seconds West, a
distance of 31.26 feet; thence North 54
degrees 39 minutes 40 seconds West, a
distance of 5.00 feet; thence South 34
degrees 51 minutes 50 seconds West, a
distance of 24.97 feet; thence South 55
degrees 05 minutes 08 seconds East, a
distance of 45.96 feet; thence South 34
degrees 54 minutes 52 seconds West, a
distance of 18.00 feet; thence South 55
degrees 05 minutes 08 seconds East, a
distance of 32.28 feet; thence along a
curve to the right a distance of 84.58
feet, having a chord bearing South 10
degrees 24 minutes 56 seconds West, a
distance of 82.78 feet and a radius of
118.00 feet; thence South 10 degrees
07 minutes 07 seconds East, a distance
of 65.26 feet; thence South 58 degrees
24 minutes 27 seconds East, a distance
of 25.26 feet; thence South 55 degrees
05 minutes 08 seconds East, a distance
of 68.52 feet; thence North 34 degrees
54 minutes 52 seconds East, a distance
of 18.00 feet; thence along a curve to
the left a distance of 41.99 feet, having
a chord bearing South 89 degrees 27
minutes 28 seconds East, a distance of
39.52 feet and a radius of 35.00 feet;
thence North 56 degrees 10 minutes 12
seconds East, a distance of 149.25 feet;
thence South 33 degrees 49 minutes 48
seconds East, a distance of 2.00 feet;
thence along a curve to the right a dis¬
tance of 44.08 feet, having a chord
bearing North 70 degrees 31 minutes
06 seconds East, a distance of 43.62
feet and a radius of 88.00 feet; thence
along a curve to the left a distance of
15.82 feet, having a chord bearing
North 80 degrees 49 minutes 15 sec¬
onds East, a distance of 15.80 feet and
a radius of 112.00 feet; thence South 33
degrees 49 minutes 48 seconds South East, a
distance of 90.41 feet; thence 15
degrees 01 minutes 44 seconds West, a
distance of 33.94 feet; thence South 45
degrees 05 minutes 17 seconds West, a
distance of 13.67 feet; thence along a
curve to the right a distance of 37.01
feet, having a chord bearing South 59
degrees 07 minutes 52 seconds West, a
distance of 36.64 feet and a radius of
75.50 feet; thence South 36 degrees 09
minutes 25 seconds East, a distance of
54.56 feet; thence along a curve to the
right a distance of 19.82 feet, having a
chord bearing South 37 degrees 14
minutes 32 seconds East, a distance of
19.82 feet and a radius of 525.00 feet;
thence South 39 degrees 48 minutes 10
seconds West, a distance of 45.06 feet;
thence South 46 degrees 04 minutes 31
seconds West, a distance of 35.14 feet;
thence South 46 degrees 22 minutes 01
seconds West, a distance of 66.02 feet;
thence South 45 degrees 58 minutes 06
seconds West, a distance of 61.17 feet;
thence South 53 degrees 24 minutes 41
seconds West, a distance of 76.43 feet;
thence South 56 degrees 23 minutes 06
seconds West, a distance of 40.02 feet;
thence South 56 degrees 11 minutes 52
seconds West, a distance of 42.12 feet;
thence South 49 degrees 19 minutes 23
seconds West, a distance of 15.86 feet;
thence South 84 degrees 45 minutes 37
seconds West, a distance of 41.29 feet;
thence North 83 degrees 08 minutes 14
seconds West, a distance of 63.86 feet;
thence North 70 degrees 39 minutes 03
seconds West, a distance of 61.49 feet;
thence North 58 degrees 09 minutes 52
seconds West, a distance of 61.49 feet;
thence North 45 degrees 40 minutes 41
seconds West, a distance of 61.35 feet;
thence North 36 degrees 18 minutes 32
seconds West, a distance of 68.71 feet;
thence along a curve to the right a dis¬
tance of 22.75 feet, having a chord
bearing North 24 degrees 27 minutes
25 seconds West, a distance of 22.59
feet and a radius of 55.00 feet; thence
North 12 degrees 36 minutes 18 sec¬
onds West, a distance of 129.26 feet;
thence along a curve to the right a dis¬
tance of 8.25 feet, having a chord bear¬
ing North 08 degrees 18 minutes 26
seconds West, a distance of 8.24 feet
and a radius of 55.00 feet; thence North
12 degrees 36 minutes 18 seconds
West, a distance of 129.26 feet; thence
along a curve having to the right bearing a distance of
8.25 feet, a chord North
08 degrees 18 minutes 26 seconds
West, a distance of 8.24 feet and a
radius of 55.00 feet; thence North 04
degrees 00 minutes feet; 34 seconds West, a
distance of 124.91 thence along a
curve to the left a distance of 17.07
feet, having a chord bearing North 52
degrees 54 minutes 14 seconds West, a
distance of 15.07 feet and a radius of
10.00 feet; thence South 78 degrees 12
minutes 05 seconds West, a distance of
24.69 feet; thence North 11 degrees 47
minutes 55 seconds West, a distance of
110.06 feet to the POINT OF BEGIN¬
NING. Said property being further
described as 5.93 acres, 258,313
square feet, on plat of survey for Vickery
Land Company of Vickery Residential
Townhomes, dated March 30, 2004, by
Rochester & Associates, Inc.
LESS AND EXCEPT THE FOLLOWING
DESCRIBED PROPERTY;
ALL THAT TRACT OR PARCEL OF
LAND lying and District, being in Land Section, Lots 189
and 244, 2nd 1st
Forsyth particularly County, described Georgia, and (i) being Units
more as
449, 450, 451 and 452, Building 3 of
Vickery Phase 3C, as per Plat Book 83,
Page 171, Forsyth Units County, 507, Georgia
records, (ii) Building 12 505, of 506, Vickery Phase 508
and 509,
3C and Units 510, 511, 512, 513 and
514, Building 13 of Vickery Phase 3C as
per Plat Book 95, Page 269, aforesaid
records, and (iii) Units 515, 516, 517,
518, 519 and 520, Building 2 of Vickery
Phase 3C and Units 521, 522, 523, 524
and 525, Building 1 of Vickery Phase
3C as per Plat Book 83, Page 171,
aforesaid records.
ALSO LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 244,
2nd Land District, 1st Section, Forsyth
County, Exhibit Georgia, according to Boundary
for Vickery, Phase 3,
Condominium Building A dated 12-19
06 prepared by Jason T. Lourie, RLS
No. 3029, of Rochester & Associates,
Inc., which property is more particularly
described as follows:
BEGINNING at a point lying South 68
degrees 21 minutes 40 seconds East, a
distance of 767.73 feet from the north¬
west corner of Land Lot 244; thence
North 56 degrees 09 minutes 10 sec¬
onds East, a distance of 78.01 feet to a
point; thence South 33 degrees 49 min¬
utes 48 seconds East, a distance of
21.33 feet to a point; thence South 58
degrees 54 minutes 24 seconds East, a
distance of 23.82 feet to a point; thence
South 33 degrees 49 minutes 48 sec¬
onds East, a distance of 81.06 feet to a
point Street, on the northern right-of-way of
Bond said Bond Street having a
49 foot right-of-way; thence along said
right-of-way 51.50 feet along of a curve,
said curve having a chord South 54
degrees feet 47 minutes 31 seconds West,
51.32 and a radius of 174.50 feet to
a point; thence South 46 degrees 20
minutes 11 seconds West, a distance of
37.35 feet to a point; thence leavin
said right-of-way North 33 degrees 4
minutes 48 seconds. West, a distance of
131.56 feet to the POINT OF BEGIN¬
NING.
Said tract contains 0.246 acres or
10,727 square feet as shown on said
Boundary Exhibit and encompasses a
condominium building known as
Condominium Building A of Vickery
Village, Phase 3, as per Condominium
Plat for Vickery Village Residential II,
Buildings A and B, recorded in
Condominium Plat Book 3, Page 133,
Forsyth County, Georgi la records.
ALSO LESS AND EXC EPT:
ALL THAT TRACT OR PARCEL OF
LAND Ivi and being in Land Lot 244
of the 2nd Land District, 1st Section,
Forsyth County, Georgia, according to
Boundary Condominium Exhibit for Vickery, Phase 3,
06 prepared by Building B T. dated 12-19
Jason Lourie, RLS
No. 3029, of Rochester & Associates,
Inc., which property is more particularly
described as follows:
BEGINNING at a point lying South 63
degrees 48 minutes 47 seconds East, a
distance of 730.21 feet from the north¬
west corner of Land Lot 244; thence
North 56 degrees 09 minutes 10 sec¬
onds East, a distance of 70.27 feet to a
point; thence South 33 degrees 49 min¬
utes 48 seconds East, a distance of
131.56 feet to a point on the northern
right-of-way Street of Bond Street, said Bond
having a 49 foot right-of-way;
thence along said right-of-way South 46
degrees 20 minutes 11 seconds West, a
distance of 28.10 feet to a point; thence
55.94 feet along a curve, said curve
having minutes a chord of South 50 degrees 36
16 seconds West, 55.89 feet
and a radius of 375.50 feet to a point;
thence leaving said right-of-way North
28 degrees 34 minutes 18 seconds
West, a distance of 142.35 feet to the
POINT OF BEGINNING.
Said tract contains 0.242 acres or
10,559 square feet as shown on said
Boundary Exhibit and encompasses a
condominium building known as
Condominium Building B of Vickery
Village, Phase 3, as per Condominium
Plat for Vickery Village Residential II,
Condominium Buildings A and B, recorded in
Plat Book 3, Page 133,
Forsyth LESS County, Georgia records.
ALSO AND EXCEPT:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 244,
2nd District, 1st Section, Forsyth
County, Georgia and being more partic¬
ularly BEGINNING described as follows:
at the southwestern right
of-way intersection of Vickery Creek (44
foot right-of-way) and Bgnd Street (49
foot right-of-way); thence South 30
degrees 14 minutes 52 seconds East, a
distance of 282.93 feet to the TRUE
POINT OF BEGINNING; thence South
04 degrees 51 minutes 27 seconds
East, a distance of 50.20 feet to a point;
thence South 89 degrees 58 minutes 08
seconds East, a distance of 43.40 feet
to a point; thence South 59 degrees 44
minutes 25 seconds East, a distance of
111.67 feet to a point; thence South 29
degrees 33 minutes 01 seconds East, a
distance of 67.71 feet to a point; thence
North 63 degrees 33 minutes 17 sec¬
onds East, a distance of 52.14 feet to a
point; thence North 05 degrees 04 min¬
utes 44 seconds East, a distance of
16.61 feet to a point; thence North 28
degrees 32 minutes 09 seconds West, a
distance of 68.48 feet to a point; thence
North 58 degrees 14 minutes 11 sec-'
onds West, a distance of 124.83 feet to
a point; thence South 89 degrees 43
minutes 17 seconds West, a distance of
86.81 feet to the TRUE POINT OF
BEGINNING.
Said tract contains 0.348 acres or
15,176 square feet (Building 11).
Parppl T\A/n
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 53,
14th District, 1st Section, Forsyth
County, Georgia, being Lot 579,
Chattahoochee River Club, Unit IIB, as
shown at Plat Book 55, Pages 276-280,
Forsyth Three County, Georgia records.
Parcel
ALL THAT TRACT OR PARCEL OF
and LAND 188, lying 2nd and District, being in Land 1st Section, Lots 173
Forsyth County, Georgia, being Lots
379, 380, 381, 382, 385, 386 and 388,
Vickery plat Land Company, Phase 2A, as
per recorded in Plat Book 79,
Georgia Pages 146-160, Forsyth County,
records, .which plat is incorpo¬
rated herein for a more complete
description.
Parcel Four
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 428
of the 14th District, 1st Section, Forsyth
County, Georgia, being I Lot 77,
Hampton, being Parkway Pod B-1, as
per plat recorded in Plat Book 71,
pages 275-281, Forsyth County,
Georgia records, said plat being incor¬
porated herein by reference thereto.
Parcel Five
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lots 498
and 499 of the 14th District, 1st Section,
Forsyth County, Georgia, being Lots 91,
162 and 164, Hampton, being Pod B-2,
as per plat recorded Forsyth in Plat Book County, 64,
pages 181-185,
Georgia records, said plat being incor¬
porated Six herein by reference thereto.
Parcel
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land 1st Lots Section, 500
and 517 of 14th District,
Forsyth and County, Hampton, Georgia, being being Pod Lots C-2,
241 259,
as per plat recorded in Plat Book County, 73,
pages 152-161, Forsyth
Georgia records, said plat being thereto. incor¬
porated herein by reference
Parcel Seven
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 499
of the 14th District, 1st Section, Forsyth
County, Georgia, being Lot 108,
Hampton, being Pod B-3, as per plat
recorded in Plat Book 61, pages 255-
258, Forsyth County, Georgia records,
said plat being incorporated herein by
reference thereto.
Parcel Eight
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 519
of the 14th District, 1st Section, Forsyth
County, 133, Georgia, Hampton, being Lots Pod 131, B-4, 132
and being as
per plat recorded in Plat Book 91,
pages 56-66, Forsyth County, incorporated Georgia
records, said plat being
herein by reference thereto.
TOGETHER WITH (a) all buildings and
improvements now or hereafter erected
on the Property; (b) all fixtures attached
to the Property or any buildings (c) or
improvements situated thereon; heredita¬ all
estates, rights, tenements,
ments, privileges, rents, issues, profits,
easements, and appurtenances of any
kind benefiting the Property; (d) all
means of access to and from the
Property, whether public or private; and
(e) all water and mineral rights.
L542 8/6,13,20,27
ADNUM: L543
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt and Assignment of Rents
executed by Olde Highland Properties,
L.L.C. ("Borrower") to Wachovia Bank,
National Association (“Lender"), dated
November 14, 2005 and recorded in the
office of the Clerk of the Superior Court
of Forsyth County, Georgia in Deed
Book 4060, Page 464, as modified by
First Amendment to Deed to Secure
Debt and Assignment ot Rents dated
January 24, 2008 and recorded in Deed
Book 5021, Page 678, said records (col¬
lectively, the “Security Deed”), the
undersigned Lender will sell at public
outcry to the highest bidder for cash
before the door of the Courthouse of
Forsyth County, Georgia, during the
legal hours of sale, on the first Tuesday
in September, to wit: September 2,
2008, the following real property con¬
veyed by the Security Deed and
described as follows:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 189
of the 2nd District, 1st Section, Forsyth
County, Georgia, being designated as
Unit Number 120 of Vickery Village
Office Park, a Condominium, as more
particularly described in that certain
Declaration of Condominium, dated
September 30, 2004, filed October 4,
2004, and recorded in Deed Book 3516,
Page 688, and as may be amended,
Forsyth shown County, Georgia records, as
on that certain Condominium
Plat for Vickery Village Office Park,
Building L, Phase 1, a Condominium,
recorded in Condominium Plat Book 1,
Pagfes 149 and 150, aforesaid records;
and as shown on that certain
Condominium Floor Plans for The
Vickery Condominium, Village Office Park, a
recorded in
Condominium Cabinet No. BKFP1,
Pages 58-60, et seq., aforesaid records,
and Plat for The Vickery Village Office
Park, Building L, Phase 1, recorded in
Condominium Floor Plan Book C01,
Pages 149-150, aforesaid records; ref¬
erence to said Declaration,
Condominium Plat and Condominium
Floor Plans and the record thereof are
incorporated herein by reference there¬
to for a more complete description of
subject property.
TOGETHER WITH (a) all buildings and
improvements now or hereafter erected
on said property; (b) all fixtures
attached to said property or any build¬
ings (c) or improvements situated thereon;
all estates, rights, tenements, hered¬
itaments, privileges, rents, issues, prof¬
its, easements, and appurtenances of
any kind benefiting said property; (d) all
means of access to and from said prop¬
erty, whether public or private; and (e)
all water and mineral rights.
The debt secured by said Security Deed
is evidenced by a Promissory Note
made by Borrower in favor of Lender
dated November 14, 2005 in the original
principal amount of $338,000.00 (the
"Note”), payable principal and interest
from the date thereof at the rate of inter¬
est shown on said Note on the unpaid
balance until paid.
Default has occurred in the payment of
the debt evidenced by the Note and
secured by the Security Deed as a
result of the nonpayment of the indebt¬
edness owed thereunder as and when
due. Accordingly, the total balance of
said debt has been and is hereby
declared due and the Security Deed
foreclosable according to its terms.
The debt remaining in default, the prop¬
erty will be sold to the highest bidder for
cash, with the proceeds to be applied to
the payment of said indebtedness, attor¬
neys' fees (notice of intention to collect
the attorney's fees having been given), and
lawful expenses of said sale, all as
provided in the Note and the Security
Deed. The property will be sold "as is,
where is" without recourse and without
representation or warranty, express or
implied, of any nature whatsoever with
respect thereto and subject to (i) any
and all unpaid taxes and assessments,
(ii) any matters which would be dis¬
closed by an accurate survey or by an
inspection of the property, (iii) any and
all zoning ordinances affecting the prop¬
erty, (iv) all outstanding bills for public
utilities which constitute liens upon the
property, (v) all covenants, restrictions,
easements, liens, encumbrances and
other matters of record, if any, which
are superior to the lien of the Security
Deed, and (vi) existing easements for
utilities and road right-of-ways that
cross and/or serve the property.
The sale will be conducted subject to (i)
confirmation that the sale is not prohibit¬
ed under the United States Bankruptcy
Code, and (ii) final confirmation and
audit of the status of the loan with
Lender.
The name, address and telephone num¬
ber of the entity which shall have full
authority ify to negotiate, Security amend, and mod¬
all terms of the Deed with
the Borrower is Wachovia Bank,
National Association, 123 South Broad
Street, PA 1246, Philadelphia,
Pennsylvania D. 19109, Attention: James
Brett (215-670-6628).
To the best of the undersigned Lender's
knowledge Properties, and belief, Olde Highland
L.L.C. is now in the posses¬
sion of the property.
WACHOVIA BANK, NATIONAL ASSO¬
CIATION
as Agent and Attorney-in-Fact for
OLDE HIGHLAND PROPERTIES,
L.L.C.
Robert M. Trusty, Esq.
Seyfarth Shaw LLP
1545 Peachtree Street, N.E.
Suite 700
Atlanta, (404) Georgia 30309
885-6708
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE..
AT1 32487143.1 / 32899-000001
Forsyth/5021-678
L543 8/6,13,20,27
ADNUM: L544
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt, Assignment of Rents,
Security Statement Agreement and Financing
executed by Vickery Land
Co., LLC, VLC Development, Inc.,
James W. Donnelly, Jr. and Pamela D.
Sessions (collectively, “Vickery") to
Wachovia Bank, National Association
("Lender"), dated June 17, 2002 and
recorded in the office of the Clerk of the
Superior Court of Forsyth County,
Georgia in Deed Modification Book 2341, Page 542,
as modified by Agreement
to Deed to Secure Debt, Assignment of
Rents, Security Agreement and
Financing recorded Statement in dated Deed October Book 2551, 29,
2002 and
Page 719, said records, as further mod¬
ified by Modification Agreement and
Supplemental Deed to Secure Debt
executed by Vickery, Hedgewood
Properties, Inc. and Silver Creek
Development, LLC (collectively, 2003
"Hedgewood") dated Deed Book March 2696, 14, Page
and recorded in
679, said records, as further modified
by Modification of Deed to Secure Debt
and Supplemental Deed to Secure Debt
to Add Property executed by
Hedgewood dated June 13, 2003 and
recorded in Deed Book 2896, Page 492,
said records, as further modified by
Modification of Deed to Secure Debt
and Supplemental Deed to Secure Debt
to Add Property executed LLC by
Hedgewood (collectively, "Grantor") and Vickery dated Village, November
17, 2003 and recorded in Deed Book
3135, Page 411, said records, as fur
ther modified by Modification of Deed to
Secure Debt executed by Hedgewood
dated April 1, 2004 and recorded in
Deed Book 3383, Page 3, said records,
as further modified by Modification of
Deed to Secure Debt and Supplemental
Deed to Secure Debt to Add Property
executed by Grantor dated January 3638, 6,
2005 and recorded in Deed Book
Page 306, said records, as further mod¬
ified by Modification of Deed to Secure
Debt executed by Grantor dated
September 22, 2006 and recorded in
Deed Book 4472, Page 103, said
See LEGALS, Page 11B