Newspaper Page Text
LEGALS from Page 16 B
tions, covenants, and matters of record
superior to the Security Deed first set
out above.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is LEVERETTE P. INC. or a
tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for LEVERETTE P.
INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00556
L597 8/6,13, 20, 27
ADNUM: L598
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from LEV¬
ERETTE P. INC. to UNITED COMMUNI¬
TY BANK, dated March 22, 2007,
recorded March 26, 2007, in Deed Book
4681, Page 214, Forsyth County,
Georgia records, said Security Deed
being ERETTE given to secure a Note from LEV¬
P. INC. of even date in the
original principal amount of Two
Hundred Forty Five Thousand Seven
Hundred Seven and 75/100
with ($245,707.75) interest Dollars, as amended,
from date at a rate per
cent until per paid; annum on the unpaid balance
there will be sold by the
highest undersigned at public outcry to the
bidder for cash before the
Courthouse door at Forsyth County,
Georgia, within the legal hours of sale
on the first Tuesday in September,
2008, the following described property:
All that tract or parcel of land lying and
being in Land Lot 1181 of the 14th
District, 1st Section, Forsyth County,
Georgia, being Lot 6 , Vanns Tavern
Subdivision, Phase 2, as per plat
recorded in Plat Book 90, Pages 168-
172, Forsyth County Records, said plat
being incorporated herein by reference
thereto.
The debt secured by said Security Deed
has been and is hereby declared due
because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Security Deed. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, as provided in the
Security Deed and by law, including
attorney's fees (notice of intent to col¬
lect attorney's fees having been given).
Said property will be sold subject to any
outstanding which ad valorem taxes but (including due
taxes are a lien, not yet
and payable), any matters which might
be disclosed by an accurate survey and
inspection of the property, any assess¬
ments, liens, easements, encum¬
brances, zoning ordinances, restric¬
tions, covenants, and matters of record
superior to the Security Deed first set
out above.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is LEVERETTE P. INC. or a
tenant or tenants.
UNITED COMMUNITY BANK,
as INC. attorney in Fact for LEVERETTE P.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484a-00561
L598 8/6,13, 20, 27
ADNUM: L599
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from LEV
ERETTE P. INC. to UNITED COMMUNI
TY BANK, dated March 22, 2007,
recorded March 26, 2007, in Deed Book
4681, Page 224, Forsyth County,
Georgia records, said Security Deed
being given to secure a Note from LEV
ERETTE P. INC. of even date in the
original principal amount of Two
Hundred Forty Five Thousand Seven
Hundred Seven and 75/100
($245,707.75) with interest Dollars, as amended,
from date at a rate per
cent per annum on the unpaid balance
until paid; there will be sold by the
undersigned at public outcry to the
highest bidder for cash before the
Courthouse door at Forsyth County,
Georgia, within the legal hours of sale
on the first Tuesday in September,
2008, the following described property:
All that tract or parcel of land lying and
being District, in Land Lot 1181 of the 14th
1st Section, Forsyth County,
Georgia, being Lot 7, Vanns Tavern
Subdivision, Phase 2, as per plat
recorded in Plat Book 90, Pages 168-
172, Forsyth County Records, said plat
being incorporated herein by reference
thereto.
The debt secured by said Security Deed
has been anff is hereby declared due
because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Security default, Deed. The debt remaining in
this sale will be made for the
purpose of the same and all
expenses of this sale, as provided in the
Security Deed and by law, including
attorney’s fees (notice of intent to col¬
lect attorney's fees having been given).
Said property will be sold subject to any
outstanding which ad valorem taxes (including
taxes 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, easements, encum¬
brances, zoning ordinances, restric¬
tions, covenants, and matters of record
superior to the Security Deed first set
out above.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is LEVERETTE P. INC. or a
tenant or tenants.
UNITED COMMUNITY BANK,
as INC. attorney in Fact for LEVERETTE P.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513'
(706) 632-7923
File No. 7484a-00560
L599 8/6,13, 20, 27
ADNUM: L600
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from
SOUTHERN RESIDENTIAL CON¬
STRUCTION, INC. to UNITED COMMU¬
NITY BANK, dated April 14, 2006,
recorded April 18, 2006, in Deed Book
4240, Page 734, Forsyth County,
Georgia Amendment records, as amended .by
March 20, to Security Deed De&d dated
2008, recorded in Book
5082, Page 302, Forsyth County,
Georgia being records, said Security Deed
SOUTHERN given to secure a Note from
RESIDENTIAL CON¬
STRUCTION, INC. of even date, as
amended , with interest from date at a
rate per cent per annum on the unpaid
balance until paid; there will be sold by
the undersigned at public outcry to the
highest bidder for cash before the
Courthouse door at Forsyth County,
Georgia, within the legal hours of sale
on the first Tuesday in September,
• 2008, the following described property:
All that tract or parcel of land lying and
being in Land Lot 1206, 2nd District,
2nd Section, Forsyth County, Georgia,
being Hillside Lots 31, 33, 35, 36, 37 and 38,
Trace, Phase Two, as per plat
recorded in Plat Book 99, Pages 141
through 144, Forsyth County, Georgia
records, which plat is hereby incorporat¬
ed herein by reference.
The debt secured by said Security Deed
has been and is hereby declared due
because of, among othw possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Security Deed. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sail e, as provided in the
Security Deed and by law, including
attorney's fees (notice of intent to col
lect attorney's fees having sold been given).
Said property will be subject to any
outstanding ad valorem taxes (including
taxes which are a lien, but not yet due
and , any matters which might
be disclosed by accurate survey and
inspection of the property, any assess¬
ments, liens, easements, encum¬
brances, zoning ordinances, restric¬
tions, covenants, and matters of record
superior above. to the Security Deed first set
out
To undersigned, the best knowledge the and belief of the
party in possession of
the property is SOUTf HERN RESIDEN
TIAL CONS CONSTRUCTION, INC. or a ten¬
ant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for SOUTHERN
RESIDENTIAL CONSTRUCTION, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00519
L600 8/6,13, 20, 27
ADNUM: L601
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained SOUTHERN in a Security Deed from
RESIDENTIAL CON¬
STRUCTION, INC. to FIRST BANK OF
THE SOUTH N/K/A UNITED COMMU¬
NITY BANK, dated June 16, 2006,
recorded June 27, 2006, in Deed Book
4335, Page 189, Forsyth County,
Georgia records, Security as amended by
Amendment to Deed dated
March 20, 2008, recorded in Deed Book
5082, Page 302, Forsyth County,
Georgia records, said Security Deed
being SOUTHERN given to RESIDENTIAL secure a Note from
CON¬
STRUCTION, INC. of even date, as
modified, with interest from date at a
rate per cent per annum on the unpaid
balance until paid; there will be sold by
the undersigned at public outcry to the
highest bidder for cash before the
Courthouse door at Forsyth County,
Georgia, within the legal hours of sale
on the first following Tuesday in September,
2008, the described property:
All that tract or parcel of land lying and
being in Land Lot 1012, 2nd District, 1st
Section, Forsyth County, Run Georgia, being
Lots 6 and 8, Cascade Subdivision,
as per plat recorded in Plat Book 87,
Pages 234 through 243, as recorded in
Plat Book 101, Pages 128 through 133,
Forsyth hereby County, incorporated Georgia records, which
plat is herein by
reference.
The debt secured by said Security Deed
has been and is hereby declared due
because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Security Deed. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, as provided in the
Security Deed and by law, including
attorney's fees (notice of intent to col¬
lect attorney's 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 disclosed payable), by any matters which might
be an accurate survey and
Inspection of the property, any assess
ments, liens, easements, encum
brances, zoning ordinances, restric
tions, covenants, and matters of record
superior to the Security Deed first set
out above.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is SOUTHERN RESIDEN
TIAL CONSTRUCTION, INC. or a ten
ant or tenants.
FIRST BANK OF THE SOUTH N/K/A
UNITED COMMUNITY BANK,
as attorney in Fact for SOUTHERN
RESIDENTIAL CONSTRUCTION, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
, Blue Ridge, Georgia 30513
(706)632-7923
File No. 7484A-00518
L601 8/6,13,20,27
ADNUM; L602
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of the Power of
Sale contained in that certain Security
Deed from Mary Elizabeth Smith
("Grantor") to Delta Employees Credit
Union, now known as Delta Community
Credit Union ("Grantee"), dated May 27,
2005, filed and recorded June 13, 2005,
in Deed Book 3825, Page 249, Forsyth
County, Georgia Records (the "Security
Deed"), conveying the after-described
property to secure that certain
Promissory Note dated May 27, 2005,
from Grantor payable to Grantee in the
original principal amount of One
Hundred Ninety-Eight Thousand and
No/100 Dollars ($198,000.00), with
interest thereon as set forth therein (the
“Note"), there will be sold at public out¬
cry to the highest- bidder for cash before
the courthouse door of Forsyth County,
Georgia, within Tuesday the legal hours of sale
on the first in September,
2008, the following described property:
All that tract or parcel of land lying and
being in Land Lot 1138, 3rd District, 1st
Section, Forsyth County, Georgia, and
being Lot 23, Phase One, Bethwicke
Subdivision, according to plat recorded
in Plat Book 37, Pages 256 and 257,
records of Forsyth County, Georgia,
which plat is incorporated herein by ref¬
erence.
The indebtedness secured by said
Security declared Deed and has been and is hereby of,
due payable because
among other possible events of default,
failure to pay the indebtedness as and
when due and in the manner provided in
the Note. The debt remaining in default,
this sale will be made for the purpose of
this paying the same provided and all expenses of
sale, as in the Security
Deed and by law, including attorney's
fees (notice of intent to collect attor¬
ney's fees having been given as provid¬
ed by law).
The property will be sold for cash or
certified funds and subject to any and
all matters of record superior to said
Security Deed, outstanding ad valorem
taxes, any matters which might be dis¬
closed by an accurate survey and
inspection of the property, zoning ordi¬
nances, restrictions, covenants, and
easements against the property, if any.
The sale will be conducted as set forth
herein subject to (1) confirmation prior
to the sale that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
final confirmation and audit prior to the
sale of the status of the loan with the
.holder Grantee of the reserves Security the Deeds. right to sell the
property In one parcel or as an entirety,
or in such parcels as Grantee may
elect, as permitted In the Security Deed.
To the best of the undersigned's knowl¬
edge and belief, the property is located
at 3330 Elizabeth Court, C Cummlng,
Forsyth County, Georgia 30040, and
the party in possession of the property
is Mary Elizabeth Smith, or her tenant
or tenants
DELTA COMMUNITY CREDIT UNION
as Attorney-in-Fact for Mary Elizabeth
Smith
Thompson, O’Brien, Kemp 8 Nasuti,
P.C.
40 Technology Parkway South, Suite
300
Norcross, Georgia 30092
o 925-0111 LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. VfILL ANY INFORMA¬
TION OBTAINED BE USED FOR
THAT PURPOSE.
L602 8/6,13, 20, 27
ADNUM: L603
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of
Sale in a certain Security Deed
("Security Deed") from Brian Sweatman
and Tamara Sweatman (“Grantor") to
First Security National Bank, dated April
23, 2003, recorded in Deed Book 2761,
Page Records, 199, Forsyth County, Georgia
and assigned to James
Hammond ("Grantee") by instrument
dated July 17, 2008, and recorded in
the aforesaid Records, said Security
Deed having been given to secure a
revolving line of credit evidenced by a
Credit Agreement of even date with a
$45,000.00 maximum principal amount indebtedness of
and any other
of the Grantor to Grantee, there will be
sold by the undersigned at public outcry,
during the legal Courthouse hours of sale before the
doors of the of Forsyth
County, Georgia on the first Tuesday in
September, 2008, to the 2008, highest to-wit: and best September bidder for 2,
cash the following described property:
All that tract or parcel of land lying and
being in Land Lot 167 of the 14th
District, 1st Section of Forsyth County,
Georgia, and being Lot 298,
Chattahoochee River Club, Phase IX-A,
as per plat recorded Forsyth in Plat Book 56,
Georgia Pages 145-149, County
Records, which plat is incorpo¬
rated herein and made a part hereof by
reference.
A portion of the debt secured by said
Security Deed has been and is hereby
declared due and payable in full
because of a default by Grantor pur¬
suant to the terms of said Security
Deed and the indebtedness it secures.
Notice has been given of intention to
enforce provisions, if any, for collection
of attorney's fees and foreclosure in
accordance with legal requirements and
the terms of the Security Deed and the
indebtedness it secures. The indebted¬
ness remaining in default, the sale will
be made for the purpose of applying the
proceeds thereof to the payment of the
indebtedness secured by the Security
Deed, accrued interest and expenses of
the sale and other sums secured by the
Security Deed, including attorney's fees,
and the remainder, if any, shall be
applied as provided by law.
To the best of the undersigned's knowl¬
edge and belief, the property is in the
possession of Grantor and said property
will be sold as a property of Grantor,
subject of Fleet to a prior Security Deed in favor
Mortgage securing a loan in the
original $198,000.00, principal amount of
outstanding ad valorem
taxes, street improvements and ease¬
ments or restrictions of record, if any.
The undersigned will executed a deed
to the purchaser at said sale as provid¬
ed in the Security Deed.
THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED
IN RESPONSE HERETO MAY BE
USED FOR THAT PURPOSE.
P. Kevin Walther
Attorney for James Hammond
555 North Point Center East
Suite 175
Alpharetta, Georgia 30022
(770) 777-4778
L603 8/6,13, 23, 30
ADNUM: L643
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 dated as
of July 12, 2006, and recorded at Deed
Book 4364, Page 555, Forsyth County
Records (hereinafter, together with all
amendments and modifications thereto,
the "Security Deed"), executed and
delivered by VAN ESS & CHAPMAN
HOLDINGS, LLC ("Grantor") to UPS
CAPITAL BUSINESS CREDIT ("UPS"),
to secure the indebtedness evidenced
by that certain Commercial Term
Promissory Note dated July 12, 2006, in
the original principal amount of
$769,000.00 (as at any time amended,
modified, restated or replaced, the
"Note") executed and delivered by
Grantor in favor of UPS, which Security
Deed was subsequently assigned by
UPS to ZIONS FIRST NATIONAL BANK
("Lender"), Lender, as attorney-in-tact
for Grantor, will sell at public outcry to
the highest bidder for cash before the
courthouse doors 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 described property (here¬
inafter collectively referred to as the
"Property"): (a)
All that tract or parcel of land (the
"Land," together with interests in the
Land, estates, easements, rights,
improvements, personal property, fix¬
tures, appliances equipment, furniture, furnishings,
and appurtenances, the
"Premises") lying and being in Land
Lots 684 of the 2nd District, 1st Section
of Forsyth County, Georgia and being
Lot 26 of the Nine/McFarland Industrial
Park, and being more particularly
described as follows:
Commencing found at a concrete monument
on the Northwesterly right of way
line of Nine McFarland Drive run thence
South 49 Degrees 09 Minutes 03
Seconds East a distance of 260.08 feet;
said point being the true Point of
Beginning; Minutes thence South 49 Degrees 04
57 Seconds West a distance of
thence 327.99 feet to a Crimp - Top Found;
South 30 Degrees 11 Minutes
19 Seconds West a distance of 184.07
feet to a point; thence North 88 Degrees
07 Minutes 26 Seconds West a distance
of 143.84 feet to a point; thence North
02 Degrees 55 Minutes 18 Seconds
East a distance of 32.05 feet to a point;
thence North 43 Degrees 40 Seconds
27 Minutes West a distance of 233.61
feet to a point; thence along the Arc of a
Curve having, a radius of 70.00 feet
(said Arc being subtended by a Chord
having a bearing North 32 Degrees 03
Minutes 07 Seconds East and a Chord
length of 103.25 feet) a distance of
116.12 feet to a point; thence North 49
Degrees 09 Minutes 03 Seconds Crimp East a
distance of 123.43 feet to a - Top
Found and the Point of Beginning.
Said tract of land contains 82,024
square feet.
(b) All buildings, structures and
improvements of every nature whatso¬
ever now or hereafter situated on the
Land, and all gas and electric fixtures,
radiators, heaters, engines and machin¬
ery, boilers, ranges, elevators and
motors, plumbing and heating fixtures,
carpeting extinguishers and other and floor coverings, other safety fire
any
equipment required by governmental
regulation or law, washers, dryers,
water heaters, mirrors, mantels, air con¬
ditioning refrigerators, apparatus, refrigerating plants,
cooking apparatus and
appurtenances, window screens,
awnings and storm sashes, which are or
shall be attached to said buildings,
structures or improvements and all
other furnishings, furniture, fixtures,
machinery, (excluding equipment, appliances
Borrower's personal automo¬
bile's, if any), building supplies and
materials, books and records, chattels,
inventory, accounts, farm products, con¬
sumer goods, general intangibles and
personal property of every kind and
nature whatsoever nor or hereafter
owned by Borrower and located in, on
or about, or used or intended to be used
with or in connection with the use, oper¬
ation or enjoyment of the Premises,
including all extensions, additions,
improvements, betterments, after
acquired property, substitutions, renewals, replace¬
ments and or proceeds
from a permitted sale of any of the fore
going, and all the right, title furnishings, and interest
of Borrower in any such fur¬
niture, fixtures, machinery, equipment,
appliances, vehicles and personal prop¬
erty subject to or covered conditional by any prior
secuirty agreement, similar sales lien
contract, chattel mortgage or
or claim, together with the benefit of any
deposits or payments nlw or hereafter
made by Borrower or pn behalf of
Borrower; all tradenames, trademarks,
servicemarks, logos and goodwill relat¬
ed thereto which in any way now or
hereafter belong, relate or appertain to
the Premises or any part thereof or are
now or hereafter acquired by Borrower;
and all inventory accounts, chattel
paper, documents, equipment, fixtures,
farm products, consumer goods and
general ceeds acquired intangibles with constituting pro¬
cash proceeds of
any of the described herein
above, all of which are hereby declared
and shall be deemed to be fixtures and
accessions to the Land and a part of
the realty 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.
(c) All easements, rights-of-way, strips
and gores of land, vaults, streets, ways,
alleys, passages, sewer rights, waters,
water courses, water rights and powers,
minerals, 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
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 thereof, to the Premises or any part
or which hereafter shall in any
way thereto, belong, relate or be appurtenant
whether now owned or here¬
after acquired by Borrower.
(d) All income, rents, issues, profits, and
revenues of the Premises from time to
time accruing (including, without limita¬
tion, all payments under leases or ten¬
ancies, proceeds of insurance, condem¬
nation payments, tenant security
deposits whether held by Borrower or in
a trust account, and escrow funds), and
all the estate, right, title, interest, prop¬
erty, possession, claim and demand
whatsoever at law, as well as in equity,
of Borrower of, in and to the same.
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
of Property, Georgia, as under the laws of the State
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 G eorgia,
may constitute personalty and not an
interest in real estate (the "Personal
Property"), in which case separate bids
will be taken therefor, or collectively in 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
shall be announced at the sale. With
regard to the sale of either the Real
Property, or the Personal Property, or
both, Lender reserves the right to credit
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 a court appointed receiver for
the Grantor and may have been known
from time to time as 6450 Industrial
Way, Suite 200, Alpharetta, Georgia
30004.
The Property will be sold on an "AS IS,
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 to the exact
acreage contained in the Rea! Property
description and subject following: to, including, but
not limited to, all of the
(a) All outstanding taxes (including
taxes which are liens, but not yet
payable), assessments and utility bills
which are valid liens and encumbrances
upon prior any of the Property Security and which are
in right to the Deed; (b)
Any and all easements, restrictions,
covenants, encumbrances and other
matters which would be revealed by an
inspection or accurate survey of the
Property; (c) All valid zoning ordi¬
nances; (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 limited to, the
right of redemption of the United States
Government, if any such rights validly
exist, and the right of redemption, if any,
in favor of the U.S. Small Business
Administration; and (f) Any and all ease¬
ments, limitations, restrictions, reserva¬
tions, covenants and encumbrances 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
of immediately due Grantor and payable because
defaults by under the Note,
including, but not limited to, the failure
to pay the indebtedness as and when
due. The proceeds of the sale of the
with Property shall be applied in accordance
the Security Deed to the payment
of the unpaid indebtedness under the
Note and all fees, costs, charges, and
expenses of the sale and of all proceed¬
ings in connection therewith, including,
without limitation, attorneys' fees
incurred by Lender.
ZIONS FIRST NATIONAL BANK,
as CHAPMAN attorney-in-fact HOLDINGS, for LLC VAN ESS &
("Grantor")
PARKER HUDSON RAINER & DOBBS
lLp
Attorneys for Zions First National Bank
Eric W. Anderson, Esq.
1500 Marquis Two Tower
285 Peachtree Center Avenue, NE
Atlanta, Georgia 30303
(404) 523-5300
L643 8/8,13, 20, 27
ADNUM: L644
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
WHEREAS, there has been a default in
the payment of the indebtedness
secured Secure by that Assignment Supplemental Deed to
Debt, and Security
Agreement, dated October 12, 2007,
signed by Comstock James Road, LLC
and Comstock Homes of Atlanta, LLC,
made to Branch Banking and Trust
Company, and recorded in Deed Book
4935, page 279, Forsyth County,
Georgia records, and other supplemen¬
tal recordings or modifications, if any,
filed for record (hereinafter, collectively,
the “Security Deed"); and
WHEREAS, Parker-Chandler Homes,
Inc . merged with PCH Development,
LLC ) on July 26, 2006; and WHEREAS,
PCH Development, LLC changed its
name to Comstock Homes of Atlanta,
LLC on August 1,2006; NOW,
THEREFORE, KNOW ALL MEN BY
THESE PRESENTS: That pursuant to
the terms of the Security Deed, and the
power of sale contained therein and the
laws in such cases made and provided
after proper advertisement, the under¬
signed on the first Tuesday in
September, 2008, the to Courthouse wit, September 2,
2008, before door in
Forsyth County, Georgia, between the
legal hours of sale, will expose for sale
to the highest and best bidder for cash
the following described property, to wit:
All that tract or parcel of land lying and
being in Land Lot 753 of the 2nd
District, 1st Section of Forsyth County,
Georgia, being Lots Road, 4, 26, and 39, The
Bluffs at James as more particu¬
larly depicted on a plat recorded in Plat
Book 114, pages 246 through and
including records, which 257, plat Forsyth hereby County, incorporat¬ Georgia
is
ed by reference for a more complete
description. The
debt secured by said Security Deed
has been and is hereby declared due
because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
FORSYTH COUNTY NEWS — Wednesday, August 13,2008
the manner provided in the Security
Deed. The debt remaining in default,
this sale will be made for the purpose of
paying this sale, the same provided and all expenses of
as in the Security
Deed and by law, including attorney's
fees.
Said property will be sold AS IS,
WHERE IS, 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 assessments, liens,
easements, encumbrances, zoning ordi¬
nances, restrictions, covenants, and
matters of record superior to the
Security Deed first set out above and
the right of redemption of any taxing
authority.
To the best knowledge and belief of the
undersigned, of the party in possession or
control
the property is Comstock Homes of
Atlanta, LLC, f/k/a Parker Chandler
Homes, Inc. and Comstock James
Road, LLC or a tenant or tenants.
BRANCH BANKING AND TRUST, AS
ATTORNEY-IN-FACT FOR COMSTOCK
HOMES OF ATLANTA, LLC F/K/A
PARKER CHANDLER HOMES, INC.
AND COMSTOCK JAMES ROAD, LLC
By: INGLESBY, FALLIGANT,
HORNE,
COURINGTON & CHISHOLM, P.C.
Attorneys-at-Law
Post Office Box 1368
Savannah, Georgia 31402
(912) 232-7000
L644 8/8,13, 20, 27
ADNUM: L645
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
WHEREAS, there has been a default in
the payment of the indebtedness
secured by that certain Deed to Secure
Debt, Assignment and Security
Agreement, dated March 29, 2006,
recorded March 30, 2006, signed by
Parker Chandler Homes, Inc., and made
to Branch Banking and Trust Company,
recorded in Record Book 4213, page
552, Forsyth County, Georgia records;
and WHEREAS, said Deed to Secure
Debt, Assignment and Security
Agreement was modified by that
Supplemental Deed to Secure Debt,
Assignment and Security Agreement,
dated May 24, 2006, and recorded in
Deed Book 4289, page 42, Forsyth
County, Supplemental Georgia records, that
Deed to Secure Debt,
Assignment and Security Agreement,
dated June 27, 2006, and recorded in
Deed Book 4337, page 317, Forsyth
County, Supplemental Georgia records, that
Deed to Secure Debt,
Assignment and Security Agreement,
dated July 26, 2006, and recorded in
Deed Book 4380, page 633, Forsyth
County, Georgia records, that First
Modification Agreement and
Supplemental Deed to Secure Debt,
Assignment October and Security Agreement,
dated 27, 2006, and recorded
in Deed Book 4505, page 395, Forsyth
County, Georgia records, and other sup¬
plemental recordings or modifications, if
any, filed for record (hereinafter, collec¬
tively, the “Security Deed"); and
WHEREAS, said Security Deed was
given Parker to Chandler secure Homes, indebtedness from
Inc. evidenced
by a Revolving Promissory Note, dated
March 29, 2006, as modified; and
WHEREAS, Parker-Chandler Homes,
Inc. LLC merged with PCH Development,
PCH on Development, July 26, 2006; and WHEREAS,
LLC changed its
name to Comstock Homes of Atlanta,
LLC (hereinafter "Grantor") on August 1,
2006; NOW, THEREFORE, KNOW ALL
MEN BY THESE PRESENTS: That pur¬
suant to the terms of the Security Deed,
and the power of sale contained therein
and the laws in such cases made and
provided after proper advertisement, the
undersigned on the first Tuesday in
September, 2008, to wit, September 2,
2008, before the Courthouse door in
Forsyth County, Georgia, between the
legal hours of sale, will expose for sale
to the highest and best bidder for cash
the following described property, to wit:
All that tract or parcel of land lying and
being in Land Lots 600 and 625 of the
2nd District, 1st Section of Forsyth
County, Georgia and consisting of Lots
86-125 of Maristone Phase Three as
per plat recorded in Plat Book 99,
pages 211-220, Forsyth County,
Georgia records, which plat is hereby
incorporated by reference for a more
complete description.
LESS AND EXCEPT THOSE LOTS
DESCRIBED IN DEEDS OF CON¬
VEYANCE FROM GRANTOR TO THIRD
PARTY PURCHASERS OR IN OTHER
RELEASES OF RECORD FROM THE
SECURITY DEED.
All that tract or parcel of land lying and
being in Land Lots 233 and 234 of the
14th District, Georgia, 1st Section of Forsyth
County, being Lots 15, 16, 17,
18, 19, 20, 21, 22, 23, 29, 30, 31, 32,
33, 34, and 35, Glenn Ivey Subdivision,
Phase 1, as more particularly Plat depicted
on a plat recorded in Book 93,
pages 125 through and including 140,
Forsyth County, Georgia records, which
plat is hereby incorporated by reference
for a more complete description.
LESS AND EXCEPT THOSE LOTS
DESCRIBED IN DEEDS OF CON¬
VEYANCE FROM GRANTOR TO THIRD
PARTY PURCHASERS OR IN OTHER
RELEASES OF RECORD FROM THE
SECURITY DEED.
All that tract or parcel of land lying and
being in Land Lots 678 and 691 of the
2nd District, 1st Section of Forsyth
County, Georgia, being Lots 1 through
and including 22, and Lots 24 through
and including 28, Wyngate Point
Subdivision, as more particularly depict¬
ed on a plat recorded in Plat Book 102,
pages County, 1 through Georgia and including 9,
Forsyth records, which
plat is hereby incorporated by reference
for a more complete description.
LESS AND EXCEPT THOSE LOTS
DESCRIBED IN DEEDS OF CON¬
VEYANCE FROM GRANTOR TO THIRD
PARTY PURCHASERS OR IN OTHER
RELEASES OF RECORD FROM THE
SECURITY DEED.
All that tract or parcel of land lying and
being in Land Lots 233, 234 and 317 of
the 14th District, 1st Section of Forsyth
County, Georgia, being Lots 24, 26
through and Subdivision, including 28, and 106,
Glenn Ivey Phase 1, as
more particularly Plat depicted on a plat
recorded in Book 93, pages 125
through Georgia and including 140, Forsyth
County, records, which plat is
hereby incorporated by reference for a
more complete description.
All that tract or parcel of land lying and
being in Land Lots 233, 234 and 317 of
the 14th Georgia, District, 1st Section of Forsyth
County, being Lots 48 through
and including 65, Glenn Ivey
Subdivision, Phase 2, as more particu¬
larly depicted on a plat recorded in Plat
Book 103, pages 34 through and includ¬
ing 42, Forsyth County, Georgia
records, which plat is hereby incorporat¬
ed by reference for a more complete
description.
LESS AND EXCEPT THOSE LOTS
DESCRIBED IN DEEDS OF CON¬
VEYANCE FROM GRANTOR TO THIRD
PARTY PURCHASERS OR IN OTHER
RELEASES OF RECORD FROM THE
SECURITY DEED.
All that tract or parcel of land lying of and
being District, in Land Lots Section 233 and 234 Forsyth the
14th 1st of
County, Georgia, being Lots 1, 3, 4, 5,
6, 7, 37, 38, 39, 40, 41, 111, 112, 113,
114, 115, 116 and 117, Glenn Ivey
Subdivision, Phase 1, as more particu¬
larly depicted on a plat recorded in Plat
Book 93, pages 125 through and includ¬
ing 140, Forsyth County, Georgia
records, which plat is hereby incorporat¬
ed by reference for a more complete
description. THOSE LOTS
LESS AND EXCEPT
DESCRIBED IN DEEDS OF CON¬
VEYANCE FROM GRANTOR TO THIRD
PARTY PURCHASERS OR IN OTHER T*E
RELEASES OF RECORD FROM
PAGE 17B
SECURITY DEED.
The debt secured by saijd Security Deed
has been and is hereby declared due
because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Security
Deed. The debt remaining in default,
this sale will be made for the purpose of
this paying the same and all expenses of
sale, as provided jn the Security
Deed and by law, including attorney's
fees.
Said property will.be sold AS IS,
WHERE IS, subject to any outstanding
ad valorem taxes (including taxes which
are a lien, but not yet due and payable),
any by matters which might be disclosed
an accurate survey and inspection of
the property, any assessments, liens,
easements, encumbrances, zoning ordi¬
nances, restrictions,, covenants, and
matters of record superior to the
the Security Deed redemption first set out above and
authority. right of of any taxing
To the best knowledge and belief of the
undersigned, the party )n possession or
control of
the property is Corhstpck Homes of
Atlanta, LLC, f/k/a Parker Chandler
Homes, Inc. or a tenant AKlD or tenants.
BRANCH BANKING TRUST, AS
ATTORNEY-IN-FACT FOR COMSTOCK
HOMES OF ATLANTA, LLC F/K/A
PARKER CHANDLER HOMES, INC.
By: INGLESBY, FALLIGANT
HORNE, CHISHOLM,
COURINGTON & P.C.
Attorneys-at-Law Post Office
Box 1368i
Savannah, Georgia 31402
(912) 232-7000
L645 8/8,13, 20, 27
ADNUM: L646
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
WHEREAS, there has been a default in
the payment of thp indebtedness
secured by that certain Deed to Secure
Debt, Assignment and Security
Agreement, dated- April 12, 2006,
recorded April 14, 2006, signed by PCH
Development, Banking LLC, and made to Branch
in Record and Trust Company, recorded
Book 4236, page 734,
Forsyth County, Georgia records, and
other supplemental recordings or modi¬
fications, if any, PCH .filed for record; and
WHEREAS, Development, LLC
changed of its name to August Comstock Homes
Atlanta, LLC on 1, 2006;
NOW, THEREFORE, KNOW ALL MEN
BY THESE PRESENTS: That pursuant
to the terms of the Deed to Secure
Debt, Assignment and Security
Agreement, and the power of sale con¬
tained therein and the laws in such
cases advertisement, made and provided after proper
first the undersigned on the
September Tuesday in September, 2008, to wit,
2, 2008, before the
Courthouse Georgia, door in Fprsyth County,
between therlegal hours of
sale, will expose for sale to the highest
and best bidder for cash the following
described property, to wjt:
All that tract or parcel of land lying and
being in Land Lots 131, 132, 212, 213,
and 238 of the 14th District, 1st Section,
Forsyth County, described Georgia, and being
more particularly as follows:
Beginning the at a 3/4 inch crimp-top pipe
at land lot corner common to Land
Lots 212, 213, 238, and 239, being the
true point of beginning; "thence south 00
degrees 15 minutes 03,seconds east, a
distance of 1306.14 feet to a point on
the northerly right of way margin of
Church Road; thence along said right of
way south 89 degrees 12 minutes 00
seconds west, a distance of 230.08 feet
to a point; thence north 89 degrees 36
minutes 33 seconds west, a distance of
322.95 feet to a point; thence north 89
degrees 15 minutes 25 feet seconds west, a
distance of 141.38 to a 1/2 inch
open right top pipe; thence departing said
of way north 19 .degrees 09 min¬
utes 06 seconds west, a distance of
1057.28 feet to a point; thence north 29
degrees 44 minutes 13 fdet seconds west, a
distance of 579.03 to a point;
thence north 63 degrees 28 minutes 21
seconds east, a distanee of 61.41 feet
to a point; thence north 66 degrees 20
minutes 22 seconds east, a distance of
38.59 feet to a point; thence north 59
degrees 44 minutes 39 seconds east, a
distance of 104.10, feet to a point;
thence north 46 degrees 44 minutes 13
seconds east, a distance of 96.60 feet
to a point; thence north 43 degrees 03
minutes 04 seconds east, a distance of
105.23 feet to a point; thence north 43
degrees 38 minutes 33 seconds east, a
distance of 154.29 feet to a point;
thence north 39 degrees 29 minutes 59
seconds east, a distance of 112.78 feet
to a point; thence south 89 degrees 06
minutes 28 seconds east, a distance of
72.92 feet to a point; thence south 88
degrees 56 minutes 13 seconds east, a
distance of 203.85 feet to a point;
thence north 88 degrees 33 minutes 25
seconds east, a distance of 181.38 feet
to a point; thence north 83 degrees 45
minutes 18 seconds east, a distance of
103.67 feet to a point; thence north 82
degrees 09 minutes 28 seconds east, a
distance of 115.99 feet to a point;
thence north 81 degrees 22 minutes 44
seconds east, a distance of 118.17 feet
to a point; thence north 79 degrees 28
minutes 15 seconds east, a distance of
47.94 feet to a 1 inch open top pipe;
thence north 00 degrees 41 minutes 11
seconds east, a distance of 581.70 feet
to a point; thence south 88 degrees 01
minutes 44 seconds east, a distance of
94.95 feet to a point; thence south 02
degrees 11 minutes 31 seconds east, a
distance of 269.85 feet to a point;
thence south 17 degrees 39 minutes 12
seconds east, a distance of 451.00 feet
to a 3/4" pipe; thence north 53 degrees
53 minutes 48 seconds east, a distance
of 152.70 feet to a 3/4" pipe; thence
north 59 degrees 02 minutes 39 sec¬
onds east, a distance.of,186.43 feet to a
point on the southwesterly right of way
of Settingdown Circle (f/k/a Smith Drive;
60' right of way); thence along said right
of way 17.62 feet along the arc of a
curve to the left haying a radius of
143.00 feet and a chord distance and
bearing degrees of 17.61 feet seconds and south 24
08 minutes 23 east to
a point; thence south -27 degrees 40
minutes 11 seconds east, a distance of
819.62 feet to a point;-thence south 89
degrees 10 minutes 32 seconds west, a
distance of 934.91 feet to the true point
of beginning. Containing 57.457 acres,
more or less. ^
The debt secured by said Deed to
Secure Debt, Assignment and Security
Agreement has beep and is hereby
declared due because- pf, among other
possible events of default, failure to pay
the indebtedness as and when due and
in the manner provided- ip the Deed to
Secure Debt, Assignment and Security
Agreement. The debt remaining for in
default, this sale wiU be made the
purpose of paying the .same and all
expenses of this sale, Debt, as Assignment provided in the
Deed to Secure and
Security ing Agreement and by law, includ¬
Said attorney's fees. will sold AS IS,
property be
WHERE IS, subject to any outstanding
ad valorem taxes (including taxes which
are a lien, but not yet due and payable),
any by matters which might be inspection disclosed of
an accurate survey and
the property, any assessments, liens,
easements, encumbrances, zoning ordi¬
nances, restrictions,,,covenants, and
matters of record superjor to the Deed
to Secure Debt, Assignment and
Security and the right Agreement of redemption first, set of out above tax¬
any
ing authority.
To the best knowledge and belief of the
undersigned, the party in possession or
control of
the property is Comstock Homes of
Atlanta, LLC, f/k/a PCH Development,
LLC or a tenant or tenants.
BRANCH BANKING AND TRUST, AS
ATTORNEY-IN-FACT FQR COMSTOCK
See LECALS, Page 18B •