Newspaper Page Text
60
LEGALS from Page 5C
COUNTY. Georgia, within the
legal hours for sale on the first
Tuesday in March, 2011 all prop¬
erty Deed described in said Security
including, but not limited to.
declarant's rights, it any. and. with¬
out limitation, the following
described property (or so much
thereof as has not, as of said first
Tuesday, by duly executed and
recorded instrument, previously
been released from the lien of the
Security Deed):
All that tract or parcel of land lying
and being in Land Lot 1272 & 468
of the 1st and 2nd District, 1st
Section Forsyth County, Georgia,
being Lot 857. St. Mario Country
Club, Pod 25. Phase 2 as per plat
recorded in Plat Book 78. page
270, Forsyth County, Georgia
records, said plat is incorporated
herein and made part hereof by
reference
The indebtedness secured by said
Security declared Deed has been and of Is
hereby the due because of
default under terms said
Security Deed and Note, includ¬
ing. but not limited indebtedness to, the nonpay¬
ment of the as and
when due. The indebtedness
remaining in default, this sale will
be made for the purpose of paying
the same, all expenses of the
sale, including attorneys' fees and
other payments provided for under
the terms of the Security Deed
and Note
Said property will be sold subject
to the following Items which may
affect the title to said property: all
zoning ordinances; matters which
would be disclosed by an accurate
survey or by inspection of the
property: including, any outstanding limited taxes,
but not to, ad
valorem taxes, which constitute
liens upon said property, special
assessments: all outstanding bills
for public utilities which constitute
liens upon said property; all
* restrictive covenants, easements,
rights of way and any other mat¬
ters of record superior to said
, Security Deed To the best of the
knowledge and belief of the
undersigned, the party in posses¬
sion Custom ot the property Inc. is Tuscany
Homes, ortenant(s).
The sale will be conducted subiect
(1) to confirmation that the sale is
not prohibited under the United
States Bankruptcy Code and (2)
to final confirmation and audit of
the status of the loan with the
holder of the Security Deed. State
Bank and its counsel are acting as
debt collectors. Any information
obtained will be used for that pur¬
pose
State Bank as Attorney-in-Fact for
Tuscany Contact Custom Guillermo Homes. Inc.
Todd, Esq
Busch, Slipakoff & Schuh. LLP
3350 Riverwood Parkway, Suite
1550
Atlanta. Georgia 30339
Telephone (770) 790-3550
L312 2/2, 9,16,23
gpn11 NOTICE OF SALE
UNDER POWER
By virtue of a power of sale con¬
tained in that certain Real Estate
Deed to Secure Debt from DH
Trading Inc. (“Grantor”) d/b/a Right Stufl
Food Mart to First
National Bank of Forsyth County,
dated April 7. 2006, filed April 13,
2006 and recorded in Deed Book
4234, Page 657, records of the
Superior Court of Forsyth County,
Georgia (the 'Security Deed”); as
affected by Third Party Lender
Agreement National Bank by and between County First
of Forsyth
and Georgia Small Business
Lender, Inc,, dated November 2,
2006, filed November 29, 2006.
and recorded in Deed Book 4539,
Page 465, aforesaid records; as
assigned by Receiver's
Assignment of Note and
Mortgage/Deed Bank Trust of Trust Company, to State
and a
Georgia "Grantee”) corporation (herein after
2010, dated February 25,
tiled March 4, 2010 and
recorded in Deed Book 5639,
page 535, aforesaid records; and
in compliance with O.C.G.A §44-
14-162.1 et seq.. there will be sold
by the undersigned at public out¬
cry 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 March, 2011, all that
tract or parcel of land lying and
being in Land lot 136 of the 2nd
District 1st section, Forsyth
County. Georgia, containing
,1 0334 acres, further being
described as 554 Atlanta
Highway, Cumming, and more
particularly described as follows:
ALL THAT TRACT OF LAND
located in Land Lot 136 of the 2nd
District and 1 st Section of Forsyth
County, Georgia, lying easterly of
Atlanta Highway, and being more
particularly described as follows:
COMMENCING at the intersection
of the easterly right-of-way line of
Atlanta Highway (A K A State
‘ Highway 9 20, 80' R/W)
& with the
south line of Land Lot 136, thence
along the easterly right-of-way line
of said Atlanta Highway N39‘ 56'
15"E, a distance of 63.01 feet to a
5/8” rebar found and the POINT
OF BEGINNING. Thence continu¬
line ing along of the easterly right-of-way
said Atlanta Highway N39
56' 15"E, a distance of 240 33 feet
to a capped nail found in asphalt;
, thence leaving said right-of-way
line, S49’ 48' 50"E along the
southwesterly line of land now or
formerly Properties. owned Inc. (DB by 1408, LGA Pg
779) a distance of 210 08 feet to
a 1/2” rebar found at the south¬
east corner of said LGA
Properties, Inc land, said corner
also being the northwest corner of
land now or formerly owned by Tri
County Plaza (DB 3679, Pg 336);
thence S01 08' 18"E, along the
land, west line distance of said of Tri-County 87 feet Plaza
a 35 to a
1/2” rebar found on the south line
of said Land Lot 136, said corner
being the southwest corner of said
Tri- County Plaza land; thence
along Lot the south line of said Land
136, said line also being the
northerly line of land now or for¬
merly Investments owned by Mimms
S88 (DB 2195, Pg 317).
c 30' 00"W, a distance of
261 90 feet to a 5/8” rebar found;
thence leaving 47~'W, said Land Lot line
N50° 15' a distance of
71.13 leet to POINT OF BEGIN¬
NING.
Said described tract of land con¬
tains 45,171 square feet of 1.04
acres more or less
(The foregoing hereinafter referred
to Together as the "Land”)
with all rights, ease¬
ments. appurtenances, royalties,
mineral rights, oil and gas rights,
crops, timber, all diversion pay¬
ments or third party payments
made to crop producers, all water
and riparian rights, wells, ditches,
reservoirs, and water stock and all
existing and future Improvements,
structures, fixtures, and replace¬
ments that may now, or at any
time in the future, be part of the
real estate described above (the
Land and the foregoing, here¬
The inafter Security the "Property").
Deed was granted to
secure that certain promissory
note dated April 7. 2006 In the
original principal amount of SIX
HUNDRED FORTY THOUSAND,
NINE HUNDRED TWENTY-ONE
AND 04/100 DOLLARS
($640,821 04) executed and deliv¬
ered by Grantor to Grantee (the
"Note”). The debt secured by said
Security Deed has been and of. is
hereby declared due because
FORSYTH COUNTY NEWS
among other possible events ot
default, nonpayment of t the
amount owed by Grantor to
Grantee and failure to pay the
Note at maturity The debt
remaining in default and unpaid,
this sale will be made for the pur¬
pose of paying the same and all
expenses of the sale including,
but not limited to. attorneys' fees,
notice of attorneys' fees having
been given
The Property will be sold subject
to
1 All outstanding taxes and
assessments, and any additional
taxes which might result from a
reassessment of the Property
(including taxes which are a lien,
whether or not due and payable),
special assessments unpaid utili¬
ty bills constituting liens against
the property, ana all liens and
encumbrances that are superior to
the Rights Security Deed,
2 of tenants in possession
(if any), that are senior to the
Security Deed:
3. All valid zoning ordinances;
4 Rights of redemption, if any, of
any taxing authority, the including
without limitation Internal
Revenue Service;
5, All matters that might be dis¬
closed by a current and accurate
survey Property; or Inspection of the
6 All other, if any, easements, lim¬
itations. reservations, covenants
restrictions, deeds to secure debt,
special assessments, unpaid utili¬
ty the bills constituting liens against
Property, all liens, claims, or
other encumbrances and matters
of public record to which the
Security Deed is junior and subor¬
dinate in terms of priority under
the laws of the State of Georgia
The Property will be sold on an
"as is, where is” basis without
recourse against the undersigned
and without representation or war¬
ranty of any kind or nature by the
undersigned with respect thereto,
including no warranty as to the
exact acreage of the Property
To the best of Holder's knowledge
and belief the Property is in the
possession of Grantor or third par¬
ties claiming under Grantor.
The sale will be conducted subject
to (1) confirmation that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
audit and confirmation of the sta¬
tus of the loan with State Bank
STATE BANK AND TRUST COM¬
PANY
Lawrence H. Cooper, Esq.
Cushing, Morris, Armbruster and
Montgomery 191 Peachtree LLP Street, N E Suite
,
4500
Atlanta. Georgia 30303
(404)521-2323
This Firm Is Acting As a Debt
Collector.
Any Information Obtained Will Be
Used for That Purpose
L313 2/2, 9,16,23
gpn11 STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Because of a default in the pay¬
ment of the indebtedness
secured Deed, dated by that December certain Security 2001,
5.
executed by GROVER SMITH and
WANDA SMITH to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., as nominee for
PROVIDENT FUNDING ASSOCI¬
ATES, L P. .nrecorded in Deed
Book 2214, Page 105. Forsyth
County, Georgia Deed Records,
and securing a Note in the original
principal amount of $87,000.00,
said Security Deed and Note hav¬
ing last been assigned to
Provident Funding Associates,
L.P., the current holder thereof,
has declared the entire amount of
said indebtedness evidenced by
the Note immediately due and
payable and, pursuant to the
power of sale contained in said
Security Deed, will, on the first
Tuesday in March, 2011, to-wit:
March 1. 2011, during the legal
hours of sale, before the Forsyth
County Courthouse door, sell at
public outcry to the highest bidder
for cash, the following described
real property:
All that tract or parcel of land lying
and being in Land Lot 343 of the
Third District and first section of
Forsyth County, Georgia, and
for being Wanda 1 acre Neisler as shown dated in a May survey
5,
1987, as prepared by Hilton H.
Hobby, RLS No 2207 Said plat is
recorded in Plat Book 28, Page
102, Clerk's Office, Forsyth
Superior Court and reference is
made thereto for a more complete
description. APN #094-054,
The aforedescribed real property,
is also known as 6630 Whitmire
Road, Cumming, Georgia,
according numbering to the houses present inForsyth system of
County. Georg
This sale will be conducted sub¬
ject (1) to confirmation that
the sale is not prohibited under
the U.S Bankruptcy Code and (2)
to final confirmation and audit as
to the amount and status of the
loan with , the holder of the
Security Deed, including but not
limited to, a determination that the
borrower has not reinstated the
loan prior to the foreclosure sale
Said real property will be sold
subject to any outstanding,ad val¬
orem taxes (including taxes which
are a lien, but not yet due and
of payable), the right of redemption
ters any which taxing might authority, be disclosed any mat¬ by
an accurate survey and inspection
of the real property, any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above
Upon information and belief, said
real property is presently in the
possession or control of Grover
Smith and Wanda Smith and the
proceeds of said sale will be
applied to the payment of said
indebtedness and all the expens¬
es of said sale, Including attor¬
ney's fees, all as provided in said
Security Deed and the excess
proceeds, if any, will be distributed
as provided by law.
PROVIDENT FUNDING ASSOCI¬
ATES. L.P
as GROVER Attorney-in-Fact for
SMITH and WANDA
SMITH
David W Adams, Esquire •
Ellis, Painter, Ratterree & Adams
LLP
2 East Bryan Street, Suite 1001
Savannah. Georgia 31401
(912) 233-9700
599024V1
005679-000562
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT ON
BEHALF OF THE
ABOVE-REFERENCED LENDER
AND ANY INFORMATION WILL
BE USED FOR THAT
PURPOSE.
L315 2/2,9,16 23
gpn11 STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Because of a default in the pay¬
ment of the Indebtedness
secured Deed, by that certain Security
dated June 28. 2005, exe¬
cuted by ZIBI SZLEK to MORT¬
GAGE ELECTRONIC REGISTRA
TON SYSTEMS, INC. as nomine
for Wachovia Mortgage
Corporation, Book 3854, Page recorded 566, in Dead
forsythncws.com
Forsyth Records, County. Georgia Deed
and securing a Note in
the original principal amount of
$595,000 00. said Security Deed
and Note last havln □ been
assigned to U S Bank National
Association, as Trustee for CSFB
2005-9, the current holder thereof,
has declared the entire amount of
said indebtedness evidenced by
the Note immediately due and
payable and. pursuant to the
power of sale contained in said
.Tuesday Security Deed, will, on the first
in March, 2011, to-wlt:
March 1. 2011. during the legal
hours of sale, before the Forsyth
County Courthouse door, sell at
public outcry to the highest bidder
for cash, the following described
real property:
All that tract ot land located in
Land Lots 1088 and 1089 2nd
District, 1st Section, Forsyth
County, Georgia, being Lot 114.
Unit 1. Phase A, Laurel Springs
Subdivision, per Plat Book 59,
Pages Georgia 19-30, Forsyth County.
Records, which is incor¬
porated herein by reference
The aforedescribed real property
is known as 5675 Buckleigh
Points, Suwanee, Georgia
30024, according to the present
system of numbering houses In
This Forsyth County, Georgia
sale will be conducted sub¬
ject (1) to confirmation that the
sale is not prohibited under the
U S Bankruptcy Code and (2) to
final confirmation and audit as to
the amount and status of the loan
with the holder of the Security
Deed, including but not limited to
a determination that the borrower
has not reinstated the loan prior to
the foreclosure sale.
Said real property will be sold
subject to any outstanding ad val¬
orem lien, taxes but (including due taxes and which
are a not yet
payable), the right of redemption
of any taxing authority, any mat¬
ters which might be disclosed by
an accurate survey and inspection
of the real property, any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above
Upon information and belief, said
real property is presently in the
possession or control of Zibi Szlek
and the proceeds of said sale will
be applied to the payment of said
indebtedness and all the expens¬
es of said sale, including attor¬
Security ney's fees, all as provided in said
Deed and the excess
proceeds, if any, will be distributed
as U provided by law,
S. Bank National Association,
as Trustee for CSFB 2005-9
as Attorney-in-Fact for
ZIBI SZLEK
David W Adams. Esquire
Ellis, Painter, Ratterree & Adams
LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912)233-9700
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT ON
BEHALF OF THE
ABOVE-REFERENCED LENDER
AND ANY INFORMATION WILL
BE USED FOR THAT
PURPOSE.
L316 2/2, 9,16, 23
gpn11 NOTICE OF SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of a Power of Sale con¬
tained in that certain Security
Deed from Timothy D. Frier and
Kelly M Frier to Mortgage
Electronic Registration Systems
as nominee for Regions Bank dba
Regions Mortgage, dated May 7,
2008, recorded June 25, 2008, in
Deed Book 5165. Page 636,
Forsylh County, assigned Georgia Records,
and as last to Regions
Bank by virtue ot assignment
dated January 3, 2011 and
recorded in Deed Book 5885,
Georgia Page 343, Records, Forsyth County,
said Security
Deed having been given to secure
a Note of even date in the princi¬
pal amount of ONE MILLION
FOUR HUNDRED TWENTY
EIGHT THOUSAND DOLLARS
AND NO CENTS ($1,428,000 00).
with interest thereon as provided
tor therein, there will be sold at
public outcry to the highest bidder
tor cash before the courthouse
door of Forsyth County, Georgia,
within the legal hours of sale on
the first Tuesday in March 2011.
all property described in said
Security Deed including but not
limited to the following described
property ALL THAT TRACT OR
PARCEL OF LAND LYING AND
BEING IN LAND LOTS 1217 AND
1218 OF THE 2ND DISTRICT,
1ST SECTION, FORSYTH
COUNTY, GEORGIA, BEING LOT
810, PHASE 2, POD 26, ST.
MARLO COUNTRY CLUB, AS
PER PLAT RECORDED IN PLAT
BOOK 120. PAGES 246-255.
FORSYTH COUNTY RECORDS,
SAID PLAT BEING INCORPO¬
RATED HEREIN BY REFERENCE
THERETO. Said property being
known as 8330 Beth Page Drive,
Duluth, GA 30097 according to
the present numbering system In
Forsyth County The indebtedness
secured by said Security Deed
has been and is hereby declared
due because of default under the
terms ot said Security Deed and
Note, including but not limited to
the nonpayment of the indebted¬
ness as and when due. The
indebtedness remaining in default,
this sale will be made for the pur¬
pose of paying the same, all
expenses of the sale, Including
attorneys' fees and all other pay¬
ments provided for under the
terms of the Security Deed and
Note Said property will be sold
which subject to affect the following the items
may title to said
property all zoning ordinances;
matters which would be disclosed
by an accurate survey or by an
inspection of the property; any
outstanding limited taxes, ad including but
not to valorem taxes,
which constitute liens upon said
property; special for assessments; all
outstanding bills public utilities
which constitute liens upon said
property; all restrictive covenants,
easements, rights-of-way of and any
other matters record superior to
said Security Deed. To the best ol
the knowledge and belief of the
undersigned, the party In posses¬
sion of the property is Timothy D.
Frier and Kelly M. Frier or
tenant(s). The sale will be con¬
ducted subject (1) to confirmation
that the sale is not prohibited
under the U.S Bankruptcy Code
and (2) of to final confirmation and
audit the status ol ihe loan with
the Regions holder of the Attorney Security Deed, Fact
Bank as in
for Timothy D. Frier and Kelly M.
Frier. Contact: The Geheren Firm,
PC., 1535 Mount Vernon Road.
Atlanta. GA 30338 TEL (678) 587
9500. THIS LAW FIRM tS
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L317 2/2, 9,10, 23
gpn11 NOTICE OF SALE UNDER
POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
of Under and by virtue of the power
eale contained In that certain
Construction Deed to Secure Debt
and Security Agreement from
Bowen Family Homes, Inc. to
Colonial Bank, N A., dated June 3,
2005, and recorded in Deed Book
5395. page 131, In the offices of
the Clerk of the Superior Court of
Forsyth County, Georgia (the
"Security Deed”), the undersigned
will sell at public outcry before the
door of the Courthouse of Forsyth
County, Georgia during the legal
in hours March of sale 2011 on the first Tuesday
to the highest and
best bidder for cash the following
described real property, to wit
(a) All those certain tracts or
parcels of land more particularly
described as follows:
All that tract or parcel ot land lying
and being In Land Lot 273 of the
2nd District, 1st Section, Forsyth
County, Georgia, being known and
designated as Units 51. 53. 55-72
Inclusive, 147-150 inclusive. 362,
and 462 of STONEHAVEN TER¬
RACE. UNITS ONE AND TWO. as
more particularly described on
that certain plat of survey record¬
ed at Plat Book 89. Page 250,
Forsyth County, Georgia records,
reference to said plat of survey
and the record thereof being here¬
by made for a more complete
legal description.
(b) All buildings, structures and
improvements of every nature
whatsoever now or hereafter situ¬
ated on the Land, and all fixtures,
and landscaping building, construction and
of supplies and materi¬
als any kind whatsoever, and
equipment, machinery and appli¬
ances of every kind and nature
whatsoever now or hereafter
located in or on the Land or to be
used on or in connection with the
Land, including, but not limited to,
all gas, electric, solar, oil burning
and wood burning apparatuses,
ranges and other cooking appara¬
tuses. dishwashers, trash com¬
pactors, freezers, disposals, refrigerators,
bathroom fixtures and
fixtures, equipment, carpeting plumbing and heating
and other floor
coverings, curtains and draperies
and related equipment, washers,
dryers, water heaters, elevators
and motors, chandeliers and all
other ceiling, wall, and exterior
lighting conditioning devices, apparatus mirrors, mantels, (includ¬
air
ing humidity control equipment),
attic and ceiling fans, windows
screens and screen doors,
awnings and storm windows and
doors, alarm devices of all types,
garage door openers, sprinkler
systems, central vacuum systems,
cabinets and wall and shelving, of paneling
coverings, declared all which
deemed are hereby fixtures and and accessions shall be
to the freehold and a part of the
Land as between the parties here¬
to ape) all persons claiming by,
through or under them, and which
shall be deemed a portion of the
security for the indebtedness
herein described,
TOGETHER WITH all easements,
rights-of-way, strips and gores of
land, streets, ways, alleys, pas¬
sages, sewer rights, waters, water
courses, water rights and powers,
and all estates, rights, titles, inter¬
ests, minerals, royalties, ease¬
ments, privileges, liberties, tene¬
ments, hereditaments and appur¬
tenances whatsoever, in any way
belong, relating or appertaining to
the Premises of any part thereof,
or which hereafter shall in any way
belong, relate or be appurtenant
thereto, whether now owned or
hereafter acquired by Grantor and
the reversion and reversions,
remainder and remainders, the
rents, issues, profits and revenues
of the Premises from time to time
accruing all (including without limita¬
tion payments under leases or
tenancies, proceeds of insurance,
condemnation payments, tenant
security funds), deposits and escrow
and all the estate, right,
title, interest, property, posses¬
sion, claim and demand whatso¬
ever at law, as well as In equity, of
Grantor of, in. and to the same,
reserving only the right to Grantor
to collect the same so long as
Grantor Is not in default.hereun
der
TO HAVE AND TO HOLD all the
Premises to the use, benefit and
behoof of Lender, its successors
and assigns, IN FEE SIMPLE for¬
ever.
The debt secured by the Security
Deed Is evidenced by a Non
Consumer Real Estate Note dated
June 3. 2005 executed by Bowen
Family Homes, Inc to the order ot
Colonial Bank, N.A. in the original
principal amount of $5,250,000 00
(as modified and/or amended from
time to time, the "Note"), plus
interest from date on the unpaid
balance until paid, and other
indebtedness
Default has occurred and contin¬
ues under the terms of the Note
and Security Deed by reason of,
among other possible events of
default, the nonpayment when due
of the indebtedness evidenced by
the Note and secured by the
Security Deed and the failure to
comply of with the terms and condi¬
tions the Note and Security
Deed. By reason of this default,
the declared Security foreclosable Deed has been
its terms. according to
The debt remaining in default, this
sale will be made for the purpo sc
of paying the same and i all
expenses of this sale, as provided
in the Security Deed and by law,
including attorneys' fees, notice of
intent to coiled attorneys' fees
having been given Said property
will be sold subject to any out¬
standing ad valorem taxes and/or
assessments which (Including taxes
are a lien but are not yet
due and payable), possible
redemptive Revenue Service, rights if of any, the Internal mat¬
ters which be any
might disclosed by
an accurate survey and inspection
ot the Property, and any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, restrictions, ease¬
ments, covenants, and matters of
record superior to the Security
Deed The sale will be conducted
subject (1) to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code and (2) to
final audit and confirmation of the
status ot the loan with the holder
of To the the Security best Deed
of the undersigned's
knowledge Property is presently and belief, the
Bowen Family owned by
Homes, Inc. To the
best of the undersigned's knowl¬
edge end belief, the parties in
possession Bowen Family of the Homes, Property are
Inc and
tenants holding under Bowen
Family Branch Homes, Inc
Company, Banking by and Trust
successor merger to
Colonial Bank, N.A . as Attorney
In-Fact for Bowen Family Homes,
Inc
Michael R. Wing
Greenberg The Forum Traurlg, LLP
3290 Northslde Parkway. N.W.,
Suite 400
Atlanta, Georgia 30327
(678) 553-2675
LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT, AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
L318 2/2,9,16,23
gpnll NOTICE OF SALE UNDER
POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power
of sale contained In that certain
Real Estate Deed to Secure Debt
from Taylor Brooke Construction,
LLC (“Debtor”) to Main Street
Bank, dated July 12, 2005 and
WEDNESDAY, FEBRUARY 16,2011
recorded in Deed Book 3869,
page 195 in the Office of the Clerk
of the Superior Court of Forsyth
County, Georgia (as modified
and/or amended from time to time
the "Security Deed"), the under¬
signed will sell at public outcry
before the door ol the Courthouse
of Forsylh County, Georgia, during
the legal hours of sale, on the first
Tuesday in March 2011 to the
highest following and best bidder for cash
the described real and
personal property (collectively, the
“Premises"), to wit:
All that certain tract or parcel ot
land more particularly described
below (hereinafter ref< erred to as
the “Land”);
Parcel I:
All that tract or parcel of land lying
and being in Land Lot 742 of the
2nd District. 1st Section. Forsyth
County. Georgia and being desig¬
nated as Tract 3. containing 0 822
acres according Damian to plat of survey
prepared for Kline dated
March 31, 2005, prepared by
Richard Webb & Associates, and
bearing Webb, RLS the seal 2507, of Richard J
No. recorded in
Plat Book 90, Page 44, Clerk's
Office Forsyth County Superior
Court, which plat is Incorporated
herein and made a part hereof by
reference for a more complete
description of said property.
Parcel II:
All that tract or parcel of land lying
and being in Land Lot 742 of the
2nd District, 1st Section, Forsyth
County, Georgia, and being the
open east and space south area boundary bordering the
lines of
Tract 3 on the above referenced
plat, and being more particularly
described as follows:
Begin at the northeastern most
point of Tract 3 as described on
plat of survey recorded at Plat
Book 90. Page 44, Forsyth County
deed records, and proceed North
70 degrees 00 minutes 22 sec¬
onds East 72.15 feet to an iron pin
set; thence South 00 degrees 45
minutes 28 seconds West 290.72
feet to a iron pin; thence South 00
West degrees 38 minutes 07 seconds
13 84 feet to an iron pin;
thence North 85 degrees 00 min¬
utes 17 seconds West 37.95 feet
to a iron pin set; thence North 63
degrees 211.13 43 minutes 54 seconds
West feet to an iron pin
set; thence North 03 degrees 52
minutes 18 seconds West 81 81
feet to a point on the southern
boundary ot said Tract 3; thence
continuing along the southern
boundary of Tract 3 South 49
degrees East 58 minutes 27 seconds
13 68 feet to a point; thence
South 63 degrees 43 minutes 54
seconds East 137.89 feet to a
point, thence following the eastern
boundary of said Tract 3 North 00
degrees East 45 minutes 28 seconds
212.76 feet to a point; thence
North 00 degrees 41 minutes 17
seconds East 99 39 feet to the
point of beginning.
Also conveyed herewith is a twen¬
ty (20) foot non-exclusive perpetu¬
al easement for ingress, egress,
and the installation and mainte¬
nance of utilities, the centerline of
said easement forming the west
efn boundary of Tract 2 as reflect¬
ed on Plat Book 90, page 44 of
Grantee Forsyth County deed records.
shall have easement
rights over and across said twenty
(20) foot right-of-way as well as
the cul de sac shown on the
above referenced plat, which is
incorporated herein by reference
for a more complete description ot
said property.
Together with all rights, ease¬
ments, appurtenances, royalties,
mineral rights, oil and gas rights,
crops, timber, all diversion pay¬
ments or third party payments
made to crop producers, all water
and riparian rights, wells, ditches,
reservoirs, ana water stock and all
existing and future improvements,
structures, fixtures, and replace¬
ments that may now, or at any
time in the future be part of the
real estate described above (all
referred to as the “Property")
The debt secured by the Security
Deed is evidenced by a
Promissory Note dated July 12,
2005 executed by Debtor to the
order of Main Street Bank in the
original $431,250 principal amount of
00 (as modified and/or
amended from time to time, the
"Note"), plus interest from date on
the unpaid balance until paid, and
other indebtedness
Default has occurred and contin¬
ues under the terms of the Note
and Security Deed by reason ot,
among other possible events of
default, the nonpayment when due
of the indebtedness evidenced by
the Note and secured by the
Security Deed and the failure to
comply with the terms and condi¬
tions of the Note and Security
Deed By reason of this default,
the Security foreclosable Deed has been
declared according to
Its terms.
The debt remaining in default, this
sale will be made Tor the purpose
of paying the same and all
expenses of this sale, as p rovided
in the Security Deed and by law,
intent including attorneys' fees, notice of
to collect attorneys' fees
having been given Said property
will be sold subject to any out¬
standing ad valorem taxes and/or
assessments which (including taxes
are a lien but are not yet
due and payable), possible
redemptive rights of the Internal
Revenue Service, if any, any mat¬
ters which might be disclosed by
an accurate survey and inspection
of the property, and any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed. The
sale will be conducted subject to
(1) confirmation that the sale is
not Bankruptcy prohibited under the U S.
Code and (2) final
audit and confirmation of the sta¬
tus of the loan with the holder of
the Security Deed.
To the best of the undersigned's
knowledge and belief, the real
property Taylor is presently Construction, owned by
Brooke LLC.
To the best of the undersigned’s
knowledge possession and of the belief, real the property party in is
Taylor Brooke Construction, LLC
and tenants holding under Taylor
Brooke Construction, LLC.
Branch Banking and Trust
Company, Main Street successor Bank, by merger to
Fact for as Attorney-in
Construction, LLC. Taylor Brooke
Michael R. Wing
Greenberg The Forum Traurlg, LLP
3290 Northslde Parkway, N W .
Suite 400
Atlanta, (678) 553-2675 Georgia 30327
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT, AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
L319 2/2,9,18,23
*
gpnll NOTICE OF SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT¬
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Under and by virtue of the Power
of Sale contained in that certain
Security Deed given by Debbie
Sue Savage to RBC Centura Bank
nka RBC Bank (USA), dated
February 25, 2008 and filed March
6. 2008. recorded in Deed Book
5057, Page Georgia 263-281. Records, Forsyth
County. after-described convey¬
ing the property to
secure a Note In the original prin¬
cipal amount of One Hundred
Ninety Five Thousand Dollars and
No Cents ($195,000.00), with
interest thereon as set forth there¬
in, there will be sold at public out
cry to the highest bidder tor cash
before the courthouse door of
Forsyth County, Georgia, within
the March legal 1, hours 2011, of sale the on following Tuesday
described property:
All that tract or parcel of land lying
and being in Land Lots 412. 453.
and 454 of the 2nd District. 1st
Section. Forsyth County, Georgia,
being Unit 158, Pinnacle Glen,
Phase 1A, being more particularly
shown in that Declaration of
Condominium for Pinnacle Glen, a
Condominium, recorded in Deed
Book 3993. Page 679, Forsyth
County records, being incorporat¬
ed herein by reference thereto
Parcel ID: 084 142
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 including in the Security Deed and
by law, attorney’s fees
(notice of intent to collect attor¬
Said ney's property fees having will been be sold given). subject
to any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
any matters which might be dis¬
closed by an accurate survey and
Inspection of the property, any
assessments, liens encum
brances zoning ordinances,
restrictions, covenants, and mat¬
ters 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
Debbie Sue Savage or a tenant or
tenants and said property is more
commonly known as 2891 Cross
Creek Drive, Unit 158,
Cumming, GA 30040.
In compliance with Georgia law,
please find below the contact
information for the entity who has
authority to negotiate, amend, and
modify the terms of the loan docu¬
ments which may include a note,
mortgage, security deed or deed
to secure debt
Loss Mitigation Specialist
RBC Bank-MC 000-001-0309
Mortgage P O Box 700 Loan Servicing
Rocky Mount, NC 27804
1-888-404-2265
The sale will be conducted subject
(1) to confirmation undef thatjhe sale is
not prohibited the U.S
Bankruptcy Code and (2) to final
confirmation and audit of the sta¬
tus of the loan with the holder of
the RBC Security (USA), Deed
Bank as Attorney in
Fact for Debbie Sue Savage
By: Andrew for D. RBC Gleason Bank
Attorney (USA)
Lefkoff, Rubin & Gleason, PC
5555 Glenridge Connector
Suite 900
Atlanta, Georgia 30342
(404)869-6900
(404)869-6909 (fax)
L322 2/2.9,16. 23
gpn11 NOTICE OF SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of the power
of sale contained in that certain
Deed To Secure Debt And
Security Agreement LRF dated April
18, 2008, from Enterprises,
LLC (the "Grantor") to Bank Ot
North Georgia (the “Lender"),
recorded in Deed Book 5123,
Pages 89-107. Forsyth County,
Georgia Deed’'), records assigned (the to “Security Cannon
Place, LLC by assignment dated
December__, 2010, recorded in
Deed Book 5884, Pages 479-482,
aforesaid records, conveying the
after-described property as secu¬
rity tor the indebtedness evi¬
denced by a Real Estate Note
dated April 18. 2008, from Grantor
to Lender in the original principal
amount of Two Million Five
Hundred Thousand And No100
Dollars ($2,500,000.00) (the
“Note"), there will be sold at public
outcry cash before to the highest bidder for
the courthouse door
In Forsyth County, Georgia within
the legal hours ot sale on the first
Tuesday in March, 2011, the fol¬
All lowing described property
that tract or parcel of land
more particularly described in
EXHIBIT A attached hereto and
forming The debt a part hereof.
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
according and Security to the terms of the Note
Deed. The debt
remaining in default, the sale will
be made tor the purpose ot apply¬
ing the proceeds thereof to the
payment of the indebtedness
secured by the Security Deed,
accrued interest, expenses of the
sale and all other payments pro¬
vided for under the Security Deed
and by law, including attorney's
fees (notice of intent to collect
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 payable),
any matters which might be dis¬
closed by an accurate survey and
Inspection of the property, any
assessments, liens, encum¬
brances, zoning ordinances,
restrictions, covenants, ease¬
ments and matters ot record supe¬
rior to the Security Deed
To the best knowledge and ballet
of the undersigned, the party in
possession of the property is LRF
Enterprises, LLC
Cannon Place, LLC
as LRF Attorney in Fact tor
Enterprises, Dailey, LLC
L. Lee
Lipscomb, Johnson * Sleister,
Dailey 112 $ Smith, LLP
North Main Street
Cumming, Georgia 30040
770-887-7761
EXHIBIT A
All that tract or parcel ot land lying
and being In Land Lots 310. 311
and 312 of the. 14 District, 1st
Section. Forsyth County, Georgia
and being more particularly
described as follows:
(axle) Beginning at the at Southeast an Iron pin found ol
corner
Land Lot 312 (corner common to
Land Lots 311, 312, 337 and 338)
and running thence South 03
degrees 35 minutes 17 seconds
West 281 64 feet to a rebar tound,
07 running thence North 09 degr rees
minutes 47 seconds W est
288 09 teet to an iron pin set; run¬
ning thence South 00 degrees 13
minutes 01 seconds West 842.45
leet to an Iron pin set on the
Northwesterly right-ot-way of
Settingdown Southwesterly Rd.: running thence
Northwesterly right-of-way along the
of
Settingdown Rd. the following
courses and distances: South 55
West degrees 28 minutes 10 seconds
30.82 feet; South 55
See LEGALS 17 C