Newspaper Page Text
6C
LEGALS from Page 5C
through certificates.
SERIES 2006-HY11. there will
be sold at public outcry to the
highest bidder (or cash before
the County. courthouse Georgia door ot Forsyth
within the legal
hours February. ol sale on the first Tuesday
in 2012. all properly
described in said Security Deed
including but not lignted to the
following described property
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT
1082 AND 1083, 2ND DISTRICT
1ST SECTION FORSYTH
COUNTY. GEORGIA BEING
KNOWN AS LOT 140 GLEN
CREE, PHASE IV, AS PER PLAT
RECORDED AT PLAT BOOK 36.
PAGE 75. FORSYTH COUNTY,
GEORGIA RECORDS SAID
PLAT BEING INCORPORATED
HEREIN BY REFERENCE
THERETO
SUBJECT TO ANY RIGHT OF
WAY DEEDS OR OTHER EASE
MENTS OF
RECORD
Said legal description being con¬
trolling however the property is
more commonly known as 4175
WATERFORD DR SUWANEE.
GA 30024
The indebtedness secured by
said Security Deed has been and
is hereby declared due because
of default under the terms of said
Security Deed and Note, includ¬
ing but not limited to the nonpay¬
ment of the indebtedness as and
when due The indebtedness
remaining in default, this sale will
be made tor the purpose of pay¬
ing the same, all expenses of the
sale, including attorneys fees
(notice to collect same having
been given) and all other pay¬
ments provided for under the
terms of the Security Deed and
Note
Said property will be sold on an
"as-is" basis without any repre¬
sentation. warranty or recourse
against the above-named credi¬
tor or the undersigned The sale
will also be subject to the follow¬
ing Hems which may affect the
title any outstanding ad valorem
taxes (including taxes which are
a lien whether or not now due
and payable) the right of
redemption of any taxing authori¬
ty, matters which would be dis¬
closed by an accurate survey or
by an inspection of the property,
all zoning ordinances, assess¬
ments. liens; encumbrances;
restrictions; covenants, and any
other matters of record superior
to said Security Deed
The entity having full authority to
negotiate, amend or modify all
terms of the loan (although nol
required by law to do so) is
Lender Contact BAC. Loss
Mitigation Dept . PO Box
940070, Simi Valley, CA 93094
0070
Telephone Number 800-720-
3758
To the best of the knowledge and
belief of the undersigned, the
owner and party in possession of
the property is LAURA L
PHILLIPS, LAURA L PHILLIPS,
or tenants(s).
The sale will be conducted sub
|ect (1) to confirmation that the
sale is not prohibited under the
U S Bankruptcy Code and (2) to
final confirmation and audit of
the status of the loan with the
holder of the Security Deed
THE BANK OF NEW YORK MEL
LON FKA THE BANK OF NEW
YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
CWALT, INC ALTERNATIVE
LOAN TRUST 2006-HY11.
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006
HY11
as Attorney in Fact for
LAURA L PHILLIPS
THE BELOW LAW FIRM MAY BE
HELD TO BE ACTING AS A
DEBT COLLECTOR. UNDER
FEDERAL LAW IF SO ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
Attorney Contact Rubin Lublin
Suarez Serrano. LLC 3740
Davinci Court, Suite 400.
Norcross, GA 30092
Telephone Number: (877) 813
0992 Case No. BAC-11-09142-3
Ad Run Dates 01/11/2012,
01/18/2012 01/25/2012,
02 / 01/2012
www rubinlublin com/property
Irstings.php
L827 1/11, 18, 25, 2/1
gpm Notice 1 of Sale Power
Under
Georgia, Forsyth County
Under and by virtue of the Power
of Sale contained in that certain
Security Deed given by Metro
Erosion Leasing. LLC (the
"Grantor") to -Regions Bank (the
"Lender") dated September 21.
2007 and recorded October 2,
2007 in Deed Book 4911. Pages
Georgia 741-748 Forsyth County.
official records (together
with any and all amendments
and modifications, hereinafter
referred to as the "Security
Deed"), conveying the property
described below to secure repay¬
ment of (i) that certain
Promissory Note dated
September 21, 2007 made
payable by Grantor to the order
of Lender in the maximum princi¬
pal amount of $382,500 00,
together with interest thereon as
set forth therein; and (ii) any and
all other obligations, debts and
liabilities, plus interest thereon,
of Grantor to Lender, whether
now existing or hereafter (togeth¬
er with any and all amendments
or modifications, collectively
hereinafter referred to as the
"Secured Indebtedness"), there
will be sold at public outcry to the
highest bidder lor cash before
the Courthouse door ot Forsyth
County. Georgia, within the leg •I
hours of sale on the first Tuesdi ay
in February, 2012 (being
February 7, 2012) the following
described parcel of real property
together fixtures, with all improvements,
easements, heredita¬
ments rights, members, appurte¬
nances, and personalty located
thereon and described in the
Security All Deed
that tract or parcel of land
lying end being in Land Lot 1058.
3rd District. 1st Section, Forsyth
County, 2 Georgia, and being
198 acres as shown on a plat
for Metro Erosion Leasing, LLC,
dated August 31, 2007 as sur¬
veyed by Richard J Webb.
describes Registered Land Surveyor, which
the property more par¬
ticularly To as follows Point
Arrive at the True ol
Northeast Beginning, commence at the
corner of Land Lot
1058, thence along the East orig¬
inal line of Land Lot 1058 South
01 degrees 00 minutes 00 sec¬
onds West 220 00 feet to a point;
thence leaving said East original
line North 89 degrees 06 minutes
46 seconds West 544 88 feet to a
? oint within the right of way of
ower Road, thence South 00
degrees West 49 minutes 48 seconds
62 55 feet to the True Point
of Beginning; thence from said
Point of Beginning, leaving said
right of way 38 North 71 degrees 48
minutes seconds East 90 86
feet to a point; thence North 88
degrees East 25 minutes 51 seconds
63 31 feet to a point; thence
South 03 degrees 34 minutes 13
seconds East 190 60 feet to a
point; thence South 54 degrees
36 minutes 04 seconds East
72 87 feet to a point, thence
South 80 degrees 37 minutes 09
i
| FORSYTH COUNTY NEWS | forsythnews.com
seconds East 113 33 feet to a
point, thence South 08 degrees
30 minutes 55 seconds W est
163 75 feet to a point, thence
North 89 degrees 15 minutes 39
seconds West 354 48 feet to a
point within the right ot way of
Tower Road, thence along said
right ot way the following courses
and distances North 18 degrees
24 minutes 15 seconds East
29 78 feet to a point. North 16
degrees 33 minutes 12 seconds
East 47 53 feet to a point; North
12 degrees 47 minutes 23 sec¬
onds East 59 29 feet to a point
North 10 degrees 41 minutes 17
seconds East 65 43 feet to a
point North 02 degrees 49 min¬
utes 53 seconds East 51 52 feet
to a point. North 00 degrees 14
minutes 58 seconds East 57 62
feet to a point, and North 03
degrees 54 minutes 29 seconds
West 73 36 feet to the Point of
Beginning, said property being
more fully described according to
the above referenced plat which
is incorporated herein by refer¬
ence for a more complete
description thereof
The above-described property is
improved property known as 101
Tower Road. Cumming.
Georgia 30040, according to the
present system of numbering
property m Forsyth County
Georgia
The Secured Indebtedness has
been and is hereby accelerated
and declared due because of.
among other possible events of
default, failure to pay the
Secured Indebtedness as and
when due and in the manner pro¬
vided in the instruments evidenc¬
ing the Secured Indebtedness
and Security Deed The Secured
Indebtedness remainin in
default, ihe sale will be made tor
purposes of paying the same and
all expenses of this sale, as pro¬
vided in the Security Deed and
by law. including attorney's fees
(written notice ot intent to collect
attorney's fees havinq been *
iven)
aid 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 accu¬
rate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordi¬
nances. restrictions, covenants
and matters of record superior to
the Security Deed.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is the
Grantor or a tenant or tenants
claiming through it
REGIONS BANK. Attorney-in
Fact and Agent for Metro Erosion
Leasing. LLC
Erich N Durlacher
Burr & Forman LLP
Suite 1100, 171 Seventeenth
Street, N W
Atlanta, Georgia 30363
Email edurlach@burr com
(404) 815-3000
(404) 214-7387
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT¬
ING TO COLLECT A DEBT ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
L628 1/11,18,25,2/1
gpn11 NOTICE OF SALE
UNDER POWER
IN DEED TO SECURE DEBT
FORSYTH COUNTY, GEORGIA
UNDER AND BY VIRTUE of the
power of sale contained in that
certain Deed to Secure Debt
Assignment of Rents and
Leases, Security Agreement and
Fixture Filing dated as of June
13, 2008. given by DBSI
SHOPPES AT TRAMMEL LLC. a
Delaware limited liability compa¬
ny ("Original Borrower"), to
KINECTA FEDERAL CREDIT
UNION, a federally chartered
credit union ("Lender"), recorded
on June 17. 2008. in Deed Book
5157 at pages 477 et seq
Forsyth County Georgia
Records, as amended by that
certain Modification of Note,
Deed to Secure Debt and Other
Loan Documents, dated as of
March 9, 2009. recorded
September 1 1, 2009 in Deed
Book 5525 at pages 615, el seq .
aforesaid records (the
Modification"), which
Modification was made by and
among Lender and TRADITION¬
AL INNS SHOPPES AT TRAM¬
MEL LLC, a Delaware limited lia
bility company. ARD - SHOPPES
AT TRAMMEL LLC, a Delaware
limited liability company. CHAN¬
DOK - SHOPPES AT TRAMMEL
LLC. a Delaware limited liability
company, VIROSTEK
SHOPPES AT TRAMMEL LLC, a
Delaware limited liability compa¬
ny. BARTELLS - SHOPPES AT
TRAMMEL LLC. a Delaware hm
ited liability company. KRAJICEK
- SHOPPES AT TRAMMEL LLC.
a Delaware limited liability com¬
pany. COX - SHOPPES AT
TRAMMEL LLC. a Delaware lim¬
ited liability company, MERIN -
SHOPPES AT TRAMMEL LLC. a
Delaware limited liability compa¬
ny. DASARI SHOPPES AT
TRAMMEL LLC, a Delaware lim
ited liability company, W SINK -
SHOPPES AT TRAMMEL LLC, a
Delaware limited liability compa¬
ny E SINK - SHOPPES AT
TRAMMEL LLC, a Delaware lim¬
ited liability company. KAR CO-9
SHOPPES AT TRAMMEL LLC,
a Delaware limited liability com¬
pany. NIOU - SHOPPES AT
TRAMMEL LLC. a Delaware lim¬
ited liability company, RAO -
SHOPPES AT TRAMMEL LLC. a
Delaware limited liability compa¬
ny, DAVIS - SHOPPES AT
TRAMMEL LLC, a Delaware lim
ited liability company, and
ACHARYA - SHOPPES AT
TRAMMEL LLC, a Delaware lim¬
ited liability company (“TIC
Borrowers," and, together with
Original Borrower, collectively.
"Borrower"), and as assumed
pursuant to those certain Loan
Assumption Agreements, each
executed by one or more TIC
Borrowers and recorded in the
aforesaid records as more partic¬
ularly Modification, described in the
and pursuant to the
applicable provisions of the
Uniform Commercial Code, as
enacted in Georgia, the under¬
signed will sell at public outcry,
to the highest bidder for cash,
before the courthouse door of
Forsyth County, Georgia, within
the legal hours of sale on the
first Tuesday in February. 2012,
to wit, February 7, 2012, all ot
Borrower's right, title and interest
in and to the following described GEOR¬
property being located at
GIA HIGHWAY 20 AND TRAM¬
MEL ROAD. CUMMING. GEOR¬
GIA and commonly known as
Shoppes at Trammel Road (the
"Secured Property")
(a) All that tract or parcel of land
situate and being in Land Lot
428 of Ihe 2nd District, 1st
Section, Forsyth County,
Georgia, and being more particu¬
larly described as follows,
together with all estates and
development rights now existing
or hereafter acquired for use in
connection therewith (the
"Land");
Commencing at the point formed
by the intersection ol the south¬
westerly right-of-way (variable of right-of- Georgia
Highway 20 northwesterly
way) of-way and the Road (variable right
of Trammel
right-of-way) Thence South 25
degrees 27 minutes 00 seconds
West a distance of 329 68 feet to
a PK nail set on the northerly
right-of-way of Trammel Road
said PK nail being the TRUE
POINT OF BEGINNING Thence
continuing with said northerly
right-of-way of Trammel Road the
following four courses along a
curve to the right an arc length of
21 23 feet, said curve having a
radius of 188 11 feet, with a
chord distance of 21 22 feet, at
South 79 degrees 06 minutes 42
seconds West, to a PK nail set;
Thence South 76 degrees 49
minutes 50 seconds West, a dis
tance of 75 73 feet to a 5/8 inch
rebar set; Thence North 84
degrees 43 minutes 27 seconds
West, a distance of 81 88 feet to
a 5/8 inch rebar set. thence
along a curve to the left an arc
length of 278.52 feet, said curve
having a radius of 605 00 feet,
with a chord distance of 276.07
feet at South 82 degrees 05
minutes 13 seconds West, to a
5/8 inch rebar set Thence
departing said right-of-way of
way and continuing along the
property now or formerly of
Berryhill Phase I subdivision
(Plat Book 44 / Page 236) North
38 degrees 04 minutes 58 sec¬
onds West, a distance of 308 01
feet to a 5/8 inch rebar set
Thence along the property now
or formerly of Berryhill Phase II
subdivision (Plat Book 46 / Page
138) the following 2 courses
North 63 degrees 04 minutes 49
seconds East, a distance of
24 10 feet to a 5/8 inch rebar set.
Thence North 22 degrees 43
minutes 42 seconds East, a dis¬
tance of 286 95 feet to a 1/2 inch
rebar found. Thence along the
property now or formerly of ECO
Inc (Deed Book 1593 / Page
346) the following 8 courses
South 50 degrees 08 minutes 35
seconds East, a distance ot
157.50 feet to a 1/2 inch rebar
found. Thence North 65 degrees
56 minutes 47 seconds East, a
distance of 124 89 feet to a 5/8
inch rebar set; Thence North 44
degrees 22 minutes 21 seconds
East, a distance ot 84.67 feet to
a PK nail found. Thence North 50
degrees 55 minutes 43 seconds
East, a distance of 37 59 feet to
a 5/8 inch rebar set; Thence
along a curve to the right an arc
length of 6 69 feet, said curve
having a radius of 38 50 feet,
with a chord distance of 6 68
feet, at South 36 degrees 19
minutes 12 seconds West, to a
5/8 inch rebar set; Thence South
41 degrees 17 minutes 42 sec¬
onds West, a distance ot 37.43
feet to a PK nail set. Thence
along a curve to the left an arc
length of 16 39 feet, said curve
having a radius of 216 29 feet,
with a chord distance of 16 39
feet, at South 39 degrees 05
minutes 56 seconds West, to a
PK nail set. Thence South 36
degrees 51 minutes 08 seconds
West, a distance of 96.12 feet to
a PK nail set; Thence continuing
along the property of ECO. Inc.
and continuing with the property
now or formerly of Trammel Road
Partners. LLC (Deed Book 2905 /
Page 499) the following four
courses along a curve to the left
an arc length of 51.21 feet, said
curve having a radius of 86 50
feet, with a chord distance of
50 47 feet, at South 19 degrees
53 minutes 27 seconds West, to
a PK nail set: Thence along a
curve to the left an arc distance
length of 64 30 feet said curve
having a radius of 104.10 feet,
with a chord distance of 63.28
feet, at South 11 degrees 32
minutes 27 seconds East, to a
PK nail set; Thence South 40
degrees 42 minutes 35 seconds
East, a distance of 82 54 feet to
a PK nail set, Thence along a
curve to the left an arc length of
49 20 feet, said curve having a
radius of 53118 feet, with a
chord distance of 49.19 feet, at
South 43 degrees 31 minutes 28
seconds East, to a PK nail set;
Thence continuing along the
property now or formerly of
Sembler Family Partnership #26.
Ltd and Fog Trammel. LLC
(Deed Book 3227 / Page 169)
along a curve to the left an arc
length of 40.51 feet, said curve
having a radius of 350 14 feet,
with a chord distance of 40.48
feet, at South 49 degrees 49
minutes 50 seconds East, to a
PK nail set; Thence South 53
degrees 09 minutes 38 seconds
East, a distance of 196 01 feet to
a PK nail found; Thence South
20 degrees 01 minutes 05 sec¬
onds East a distance of 27 68
feet to a PK nail set; said point
being BEGIN the TRUE POINT OF
NING
Said tract of land contains 3 767
Acres, and being shown on'that
certain ALTA/ACSM Land Title
Survey for DBSI-Discovery Real
Estate Services. LLC and
Lawyers T die Insurance
Corporation dated November 1,
2007, last revised January 24,
2008. prepared by GeoSurvey
Ltd., bearing the certification of
Trenton D Turk . Georgia R L.S
No, 2411.
TOGETHER WITH ingress rights
described within that certain
Easement Agreement dated July
9, 2003, recorded in Deed Book
2905, Page 508, Forsyth County,
Georgia TOGETHER records WITH
ingress that rights
described within certain
Reciprocal Easement Agreement
with Covenants, Conditions and
Restrictions dated February 24,
2004, recorded in Deed Book
3227, Page 175, Forsyth County,
Georgia records
(b) All buildings, structures,
Improvements and fixtures now
or hereafter erected on the Land
(collectively. the
"Improvements");
(c) All easements, rights-of-way
or use, rights, strips and gores of
land, streets, ways, alleys, pas¬
sages, sewer rights, water, water
courses, water and rights and pow¬
ers, air rights development
rights, and all estates, rights,
titles, interests, privileges, liber¬
ties. servitudes, tenements,
hereditaments and appurte¬
nances of any nature whatsoev¬
er, in any way now or hereafter
belonging, Secured relating Property or pertaining
to the and the
reversion and reversions, remain¬
der and remainders, and all land
lying road or in the bed opened of any street,
avenue, or pro
posed, m front of or adjoining the
Land, to the center line thereof,
and all the estates, rights, titles,
interests, dower and rights of
dower, curtesy and rights of cur
tesy, property, possession, claim
and demand whatsoever, both at
law and in equity, of Borrower of.
in and to the Secured Property
and every part and parcel there¬
of. with all appurtenances there
to;
(d) All machinery, equipment, fix¬
tures (including, without limita¬
tion, all heating, air conditioning,
plumbing, lighting, fixtures), communica¬ fur¬
tions and elevator
nishing. building and supplies and
materials, all other personal
property of every kind and nature
whatsoever owned by Borrower
(or in which Borrower has or
hereafter acquires an interest)
and now or hereafter located
upon, or appurtenant to, tha
Secured Property or used or
useable in the present or future
operation and occupancy of the
Secured Property, along with all
accessions replacements, bet
terments, or substitutions ot all
or any portion thereof.
(e) All leases subleases, licens¬
es and other agreements granti¬
ng others the right to use or
occupy all or any part of the
Secured Property together with
all restatements, renewals
extensions, amendments and
supplements thereto ("Leases"),
now into, existing or hereafter entered
and whether entered before
or after the filing by or against
Borrower ol any petition for relief
under the Bankruptcy Code, and
all of Borrower's right, title, and
interest in the Leases, and (i) all
guarantees, letters of credit and
any other credit support given by
any tenant or guarantor in con
nection therewith (“Lease
Guaranties' ), (li) all cash, notes,
or security deposited thereunder
to secure the performance by the
tenants of their obligations there¬
under (" Tenant Security
Deposits ), (lii) all claims and
rights to the payment of dam¬
ages and other claims arising
from any rejection by a tenant of
its Lease under the Bankruptcy
Code ("Bankruptcy Claims").
(iv)all of the landlord's rights in
casualty or condemnation pro¬
ceeds of a tenant in respect of
the leased premises ("Tenant
Claims"), (v) all rents, ground
rents, additional rents, revenues
termination and similar pay¬
ments, issues and profits (Includ¬
ing all oil and gas or other miner¬
al royalties and bonuses) from
the Secured Property (collective¬
ly Tenant with the Lease Guarantees.
Security Deposits.
Bankruptcy Claims and Tenant
Claims, “Rents"), whether paid or
accruing before or after the filing
by or against Borrower ol any
petition for relief under the
Bankruptcy Code, (vi) all pro¬
ceeds or streams of payment
from the sale or other disposition
of the Leases or disposition of
any Rents, and (vu) the right to
receive and apply Ihe Rents to
the payment of the Indebtedness
and to do the other things which
Borrower or a lessor is or may
become entitled to do under the
Leases or with respect to the
Rents.
(f) All awards or payments,
including interest thereon, which
may heretofore and hereafter be
made with respect to the
Secured Property, whether from
the exercise of the right of emi¬
nent domain (including, without
limitation, any transfer made in
lieu of or in anticipation of the
exercise of the right), or for a
change of grade, or for any other
injury to or decrease in the value
of the Secured Property.
(g) All proceeds of, and any
unearned premiums on, any
insurance policies covering the
Secured Property, including,
without limitation, the exclusive
right to receive and apply the
proceeds of any claim awards,
judgments, or settlements made
in lieu thereof, for damage to the
Secured Property.
(h) All refunds, rebates or credits
in connection with a reduction in
Taxes, including, without limita¬
tion, rebates as a result of tax
certiorari or any other applica¬
tions or proceedings for reduc¬
tion,
(i) All contracts (including, with¬
out limitation, service, supply,
maintenance and construction
contracts), registrations, fran¬
chise agreements, permits
licenses (including, without limi¬
tation. liquor licenses, if any. to
the fullest extent assignable by
Borrower), plans and specifica
tions. and other agreements, nor
or hereafter entered into, and all
rights therein and thereto,
respecting or pertaining to the
use. occupation, construction,
management or operation of the
Secured Property, or respecting
any business or activity conduct¬
ed by Borrower from the Secured
Property, and all right, title, and
interest of Borrower therein and
thereunder, including, including
without limitation, the right, while
an Event of Default remains
uncured, to receive and collect
any sums payable to Borrower
thereunder (collectively.
“Operating Agreements");
(j) All accounts, escrows, chattel
paper, claims, deposits, trade
names, trademarks, service
marks, logos, copyrights, books
and records, goodwill and all
other general intangibles relating
to or used in connection with the
operation of the Secured
Property;
(k) All reserves, escrows and
deposit accounts maintained by
Borrower with respect to the
Secured Property (including,
without limitation, all reserves,
escrows, deposit accounts and
lockbox accounts established
pursuant to the Loan Agreement
between Borrower ana Lender
entered into with respect to the
Indebtedness) together with all
cash, checks, drafts, certificates,
securities, investment property
financial assets, instruments and
other property from time to times
held therein and all proceeds,
products, distributions, divi¬
dends, or substitutions thereon
or thereof.
(l) The right, in the name and on
behalf of Borrower, to commence
any action or proceeding to pro¬
tect the interest of Lender in the
Secured Property and to appear
in and defend any action or pro¬
ceeding brought with respect to
the Secured Property;
(m) The water rights and powers
encompassed within the Secured
Property and encumbered by this
Security Instrument shall include
all water and water rights, wells
and well rights, canals and canal
rights, ditches and ditch rights,
spring and spring rights, and
reservoirs and reservoir rights
appurtenant to or associated with
the Land, whether decreed or
undecreed, tributary, non-tribu¬
tary or not non-tributary, surface
or underground, appropriated or
unappropriated, conditional or
unconditional, and together with
any and all shares of stock in
water, ditch, lateral and canal
companies well permits and all
other evidences ol any such
rights All and
(n) proceeds profits aris¬
ing from the conversion, volun¬
tary or involuntary, of any of the
foregoing into cash (whether
made in one payment or a
stream of payments) and any liq¬
uidation claims applicable there
to.
(o) Any and all other rights of
Borrower in and to the items set
forth in the foregoing subsections
(a) through (n), inclusive, and in
and to the Secured Property
To the best of the knowledge of
the undersigned, is the the Secured
Property In possession of
Borrower, Borrower and tenants holding
under
The undersigned of Secured may sell that
portion the Property
as may, under the laws of the
State of Georgia, constitute an
estate or interest in real estate
(the “Real Property") separately
from that portion of the Secured
Property as State constitutes of Georgia under the
laws of the per¬
sonalty and not an interest in
real estate (the ‘Personal
rate Property"), bids will in be which taken case therefor, sepa¬
or
collectively in a single sale and
WEDNESDAY. JANUARY 25.2012
lot in which case a single bid will
be taken therefor Notice of the
undersigned's intent shall be
given by announcement made at
the commencement of the public
sale
The Real Property will be sold on
an “as is. where is" basis without
recourse against the Lender and
without representation or warran¬
ty of any kind or nature whatso¬
ever with respect thereto The
Real Property will be sold sub¬
ject to the following items which
may affect title to said property
all zoning ordinances, matters
which would be disclosed by an
accurate survey or inspection of
said property: any outstanding
taxes including, but not limited
to ad valorem taxes which con
stitute liens upon said property
prior in right to the Security
Deed, special assessments
against said property which are
prior Deed, in right to the Security
all outstanding bills for
public utilities which constitute
liens upon said property prior in
right other to the Security Deed; and
all easements limitations,
restrictions. reservations,
covenants and encumbrances of
record which are pnor in right to
the Security Deed
The Personal Property will be
sold on an "as is. where is" basis
without recourse against the
Lender and without representa¬
tion or warranty of any kind or
nature whatsoever with respect
thereto The Personal Property
will be sold subject to all unpaid
taxes and assessments, if any,
which are liens against Ihe
Personal Properly and which are
prior in right to the Security Deed
and subject to all other encum¬
brances which are prior in right
to the Security Deed.
The Security Deed was given to
secure the Promissory Note
dated June 13. 2008, in the orig¬
inal principal amount ot
$3,280,000.00 and made by
Original Borrower to the order of
Lender (said Promissory Note is
hereinafter referred to as the
Note") The indebtedness evi¬
denced by the Note and secured
by the Security Deed (the
“Indebtedness") has been and is
hereby declared due and imme¬
diately payable because of
default by Borrower in payment
of the Indebtedness in accor¬
dance with the terms of the Note
and the Security Deed and the
failure of Borrower to perform its
obligations under the Security
Deed
The proceeds of the sale of the
Secured Property shall be
applied in accordance with the
Security Deed to the payment of
the Indebtedness (including,
without limitation, advances
made by Lender and enforce¬
ment costs incurred by Lender)
(notice of intent to collect attor¬
neys' fees having been given
pursuant to O C G A §13-1-11)
in such priority and proportion as
Lender determines in its sole dis
cretion. and the excess, it any to
the person or persons legally
entitled to the excess.
KINECTA FEDERAL CREDIT
UNION
As Attorney-in-Fact for
DBSI SHOPPES AT TRAMMEL
LLC
TRADITIONAL INNS
SHOPPES AT TRAMMEL LLC
ARD - SHOPPES AT TRAMMEL
LLC
CHANDOK - SHOPPES AT
TRAMMEL LLC
VIROSTEK - SHOPPES AT
TRAMMEL LLC
BARTELLS - SHOPPES AT
TRAMMEL LLC
KRAJICEK - SHOPPES AT
TRAMMEL LLC
COX - SHOPPES AT TRAMMEL
LLC
MERIN - SHOPPES AT TRAM¬
MEL LLC
DASARI - SHOPPES AT TRAM¬
MEL LLC
W. SINK - SHOPPES AT TRAM¬
MEL LLC
E SINK ■ SHOPPES AT TRAM¬
MEL LLC
KAR CO-9 - SHOPPES AT
TRAMMEL LLC
NIOU - SHOPPES AT TRAMMEL
LLC
RAO - SHOPPES AT TRAMMEL
LLC
DAVIS - SHOPPES AT TRAM¬
MEL LLC and ACHARYA -
SHOPPES AT TRAMMEL LLC
Clyde E Click, Esq
Clyde Click, PC.
3475 Piedmont Road, N.E.
Suite 1910
Atlanta Georgia 30305
(404) 760-2707
L830 1/11, 18, 25, 2/1
pn11
TATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Because of a default in the pay¬
ment of the indebtedness
secured by that certain Security
Deed dated April 18. 2008, exe¬
cuted by Daniel Grentz and
Jonmce Grentz to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC as nominee tor
Pine State Mortgage
Corporation recorded I in Deed
Book 5109, Page 22 Forsyth
County. Georgia Deed Records,
and securing a Note in the origi
nal principal amount of
$416.150 00. said Security Deed
last having been assigned to
GREEN TREE SERVICING LLC,
the current holder thereof, has
declared Ihe entire amount ot
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 February, 2012, to
wit, February 7, 2012, during the
legal hours of Courthouse sale before the
Forsyth County door,
sell at public outcry to the high¬
est bidder for cash, the following
described real property
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 824. 2ND DISTRICT,
FORSYTH COUNTY, GEORGIA,
BEING KNOWN AS LOT 26.
UNIT 1B OF HANOVER PLACE
SUBDIVISION. AS SHOWN ON
A PLAT OF SURVEY RECORD¬
ED IN PLAT BOOK 115. PAGES
97-102, FORSYTH COUNTY,
GEORGIA DEED RECORDS.
WHICH SAID PLAT IS INCOR¬
PORATED HEREIN FOR A
MORE COMPLETE LEGAL
DESCRIPTION
The aforedescribed real property
is also known as 1715 Norwich
Glen Way, Alpharetta, GA 3004,
according to the present system
of numbering houses in Forsyth
County, Georgia
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
valorem taxes (Including taxes due
which are a lien, but not yet
and payable), the right of
redemption of any taxing authori¬
ty. any matters which might be
disclosed by an accurate survey
and inspection of the real proper¬
ty, any assessments liens.
encumbrances zoning ordi¬
nances. restrictions, covenants
and matters ot 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 Daniel
Grentz and Jonmce Grentz 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 tees all as provided in said
Security Deed and the excess
proceeds, if any, will be distrib¬
uted as provided by law
GREEN TREE SERVICING LLC
as Attorney-m-Fact for
DANIEL GRENTZ and JONNICE
GRENTZ
David W Adams. Esquire
Ellis. Paintoi, Ratterree & Adams
LLP
2 East Bryan Street. Suite 1001
Savannah. Georgia 31401
(912) 233-9700
THIS LAW FIRM MAY BE
ATTEMPTING TO COLLECT A
DEBT ON BEHALF OF THE
ABOVE-REFERENCED LENDER
AND ANY INFORMATION WILL
BE USED FOR THAT PURPOSE
L831 1/11, 18, 25, 2/1
gpnf 1 NOTICE OF SALE
UNDER POWER
GEORGIA FORSYTH COUNTY
By virtue ol a Power of Sale con¬
tained in that certain Securit
Deed from MARK H NEDZ A
AND JENNIFER SHAVER
NEDZA. to SUNTRUST BANK,
as successor by merger with
First National Bank of Gwinnett,
dated September 5, 2007. filed
October 4 2007 and recorded in
Deed Book 4915. Page 542.
Forsyth County. Georgia Public
Deed Records (the "Security
Deed"), having been given to
secure a Note in the principal
amount ol Six Hundred
Thousand AND 00/100 U S
DOLLARS ($600,000.00). with
interest theieon as provided for
therein, said Security Deed and
Note having been assigned from
SunTrust Bank to CRM Central
Properties LLC. there will be
sold at public outcry to Ihe high¬
est bidder tor cash before the
courthouse door of Forsyth
County. Georgia, within the legal
hours lor sale on the fust
Tuesday in February, 2012. the
property described in said
Security Deed as follows:
All that tract or parcel ot land
lying and being in Land Lot 36 ot
the 14th District, 1st Section.
Forsyth County, Georgia being
Lots 49 and 50, Sinclair Shores
Subdivision, as per plat recorded
in Plat Book 4, Page 52, Forsyth
County records, and also being
shown on individual survey for
Frank Smith dated May 31, 1979,
surveyed by Davis W Bealle,
RLS No 1872, recorded in Plat
Book 31 Page 173, Forsyth
County records, said plats being
incorporated herein by reference
thereto.
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, includ¬
ing, but not limited to, the non¬
payment of Ihe indebtedness as
and when due The indebtedness
remaining in default, this sale will
be made for the purpose of pay¬
ing 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 accu¬
rate survey or by inspection of
the property, any outstanding
taxes including, but not limited
to, ad valorem taxes, which con¬
stitute liens upon said property
special assessments, all out¬
standing bills tor public utilities
which constitute liens upon said
property all restrictive
covenants easements, rights of
way and any other matters ot
record superior to said Security
Deed To the best of the knowl¬
edge and belief of the under¬
signed, the parties in possession
of the property are Mark H
Nedza and Jennifer Shaver
Nedza, or tenant(s) thereof
The sale will be conducted sub¬
ject (1) to confirmation that the
sale is nol prohibited under the
United Stales Bankruptcy Code,
and (2) to final confirmation and
audit of the status of the loan
with the holder of the Security
Deed
CRM Central Properties LLC, as
Attorney-m-Fact for Mark H
Nedza and Jennifer Shaver
Nedza
Friese Legal. LLC. Attorney for
CRM Central Properties. LLC
ATTN Stephanie Friese Aron
1100 Spring Street NW. Suite
Atlanta. Georgia 30309
(404) 876-4880
FRIESE LEGAL, LLC IS ACTING
AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L833 1/11,18.25,2/1
gpn 11
NOTICE OF SALE
UNDER POWER IN SECURITY
DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Because ol default in the pay¬
ment of the indebtedness
secured by a Security Deed exe¬
cuted by ELAINE M RITCHIE
(a/k/a ELAINE M. RICHIE).
Grantor, to PEOPLES BANK &
TRUST, Grantee, dated MAY 31.
2006 said deed recorded in
Forsyth County Deed Records at
Deed Book 4304, Page 569, the
undersigned, PEOPLES BANK &
TRUST, pursuant to said deed
and the Note thereby secured,
has declared the entire amount
ot said indebtedness due and
payable and pursued! to the
power of sale contained in said
deed will, on the first Tuesday in
hours February. of sale, 2012. at during the courthouse the legal
door in Forsyth County, Georgia,
sell at public outcry, to the high¬
est bidder for cash, the property
described in said deed, to wit
All that tract or parcel of land
lying District a nd being in the 2nd
and 1st Section of
Forsyth County, Georgia, in Land
Lot 897 and being more fully
described as follows
Beginning at the Southeast cor¬
ner of said Land Lot; thence
West along the South original
line 1428 feet to the Southwest
corner of Ihe Land Lot; thence
North along the West original line
763 feet to a corner, thence East
along the line parallel with the
South original fine 1428 feet to
the East original line 763 leet to
the POINT OF BEGINNING
Said tract contains 25 acres,
more or less
Less and Except the following 4
Tracts
Tract 1
Alt that tract or parcel of land
lying and being in the 2nd
District and 1st Section of
Forsyth County, Georgia being in
Land Lot 897 and being more
See LEGALS 17C