Newspaper Page Text
6C
LEGALS from Page 5C
BY MERGER TO CHASE HOME
FINANCE ILC, 3415 VISION
DRIVE, Foreclosure, COLUM¬
BUS. OH 43219, 800-848-9136
Please understand that the
secured creditor is not required
to negotiate, amend, or modify
the term* o( the mortgage instru¬
and ment belief To the ol best knowledge
the undersigned,
the party/parties in possession of
the subject property known as
9740 MANOR LANE.
GAINESVILLE, GEORGIA 30506
is/are DANIEL PACE or
tenant/tenants Said property will
be sold subject to (a) any out¬
standing ad valorem taxes
(including taxes which are a lien,
but not yet due and payable), (b)
any matters which might be dis¬
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ¬
ing. but not limited to. assess¬
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc
The sale will be conducted .sub
iect to (1) confirmation that the
sale is not prohibited under the
U S Bankruptcy Code, and (2)
final confirmation and audit of
the status of the loan with the
holder of the security deed
Pursuant to O C G A Section 9-
13-172 1. which allows tor cer¬
tain procedures regarding the
rescission of judicial and noniudi
cial the Deed sales in Under the State Power of and Georgia,
other
foreclosure documents may not
be provided until final confirms
tion and audit of the status of the
loan as provided in the preceding
paragraph JPMORGAN CHASE
BANK. N A SUCCESSOR BY
MERGER TO CHASE HOME
FINANCE, LLC SUCCESSOR
BY MERGER TO CHASE MAN¬
HATTAN MORTGAGE CORPO¬
RATION as Attorney in Fact for
DANIEL PACE THIS LAW FIRM
IS ACTING AS A DEBT COL¬
LECTOR ATTEMPTING TO COL¬
LECT A DEBT, ANY INFORMA¬
TION OBTAINED WILL BE USED
FOR THAT PURPOSE
20110187409033 BARRETT
BAFFIN FRAPPIER LEVINE &
BLOCK. LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone (972)341-5398
L826 1/11, 18, 25, 2/1
gpni Notice 1 of Sale Under Power
Georgia, Forsyth Counly
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
741-748, Forsyth County,
Georgia 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
ot Lender in the maximum princi¬
pal amount ot $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 hereatter (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 Courthouse bidder for cash before
the door ot Forsyth
County. Georgia, within the Tuesday legal
hours of sale on the first
in February, 2012 (being
February 7, 2012) the tollowing
described parcel ot real property
together with all improvements,
fixtures, easements, heredita¬
ments. rights, members, appurte¬
nances. and personalty located
thereon and described in the
Security Deed
All that tract or parcel of land
lying and being in Land Lot 1058.
3rd District, 1st Section, Forsyth
County, Georgia, and being
2 198 acres as shown on a plat
for Metro Erosion Leasing, LWC,
dated August 31, 2007 as sur¬
veyed by Richard J Webb,
Registered Land Surveyor, which
describes the property more par¬
ticularly as follows
To Arrive at the True Point of
Beginning, commence at the
Northeast corner ot Land Lot
1058. thence along the East orig¬
inal tine ot Land Lot 1058 South
01 degrees 00 minutes 00 sec¬
onds West 220 00 teet to a point;
thence leaving said East original
line North 89 degrees 06 minutes
46 seconds West 544 88 teet to a
point within the right of way of
Tower Road, thence South 00
West degrees 49 feet minutes 48 seconds
62.55 to the True Point
of Beginning, thence from said
Point of Beginning, leaving said
right of way North 71 degrees 48
minutes 38 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
seconds East 113 33 feet to a
point; thence South 08 degrees
30 minutes 55 seconds West
163.75 feet to a point, thence
North 89 degrees 15 minutes 39
seconds West 354 48 teet to a
point within the right ol way of
Tower Road, thence along said
right ol way the tollowing courses
and distances North 18 degrees
24 minutes 15 seconds E ast
29 78 feet to a point; North 16
degrees East 47.53 33 minutes 12 seconds
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 teet 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
leet to a point; and North 03
degrees West 73 54 36 minutes feet 29 seconds Point of
to the
Beginning, fully said property being
more described according to
the above referenced plat which
is Incorporated herein by refer¬
ence for a more complete
description The above-described thereof. property is
Tower improved property Road, known Cummlng, as 101
Georgia 30040, according of to the
present system Forsyth numbering County.
property In
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 l in
default, the sale will be ma tor
purposes of paying the same and
all expenses of this sale, as pro¬
vided In the Security Deed fees and
by law. including attorney's
(written notice ot Intent to collect
attorney's fees having been
given).
FORSYTH COUNTY NEWS | forsythnewscom
Said properly will be sold sublet
to any outstanding ad valorem
taxes lien, ^including but taxes which due and are
a not yet
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 To Security Deed
the best knowledge and beliet
of the undersigned, the party in
possession of the property is the
Grantor or a tenant or tenants
claiming REGIONS through BANK, it
Fact Attorney-in
and Agent for Metro Erosion
leasing, LLC
Erich N Durtacher
Burr & Forman LLP
Suite 1100. 171 Seventeenth
Street. N W
Atlanta. Georgia 30363
Email: edurlachaburr 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
L82B 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 ot sale contained in that
certain Deed to Secure Debt.
Assignment of Rents and
Leases, Security Agreement and
Fixture Filing dated as ot June
13. 2008, given by <DBSI
SHOPPES AT TRAMMEL LLC, a .
Delaware limited liability compa¬
ny KINECTA (“Original Borrower") CREDIT to
FEDERAL
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 11, 2009 in Deed
Book 5525 at pages 615. et 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 lim
ited liability company, KRAJICEK
- SHOPPES AT TRAMMEL LLC,
a Delaware limited liability com¬
pany. COX - SHOPPES AT
TRAMMEL LLC, a Delaware lim¬
ited SHOPPES liability company, MERIN LLC, -
AT TRAMMEL a
Delaware limited liability compa
ny. DASARI SHOPPES AT
TRAMMEL LLC. a Delaware lim
ited SHOPPES liability company, W. SINK LLC, -
AT TRAMMEL a
Delaware limited liability compa¬
TRAMMEL ny, E. SINK - SHOPPES AT
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 TRAMME L LLC. a
Delaware limited liability compa¬
ny, TRAMMEL DAVIS - SHOPPES AT
LLC, a Delaware lim¬
ited liability company, and
AOHARYA - SHOPPES AT
TRAMMEL LLC, a Delaware lim¬
ited liability company (“TIC
Borrowers," and. together with
Original "Borrower"), Borrower, collectively,
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¬
Modmi ularly cation; described in the
and pursuant to the
applicable provisions ot the
Uniform Commercial Code, as
enacted in Georgia, the under¬
signed will sell at public for outcry,
to the highest bidder cash,
before the courthouse door ot
Forsyth County, Georgia, within
the legal hours ot sale on the
first Tuesday in February, 2012,
to wit, February 7, 2012, all of
Borrower’s right title and interest
in and to the following described GEOR¬
property GIA HIGHWAY being located at
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 ot land
situate and being in Land Lot
428 of the 2nd District, 1st
Section, Forsyth County,
Georgia, larly and being more follows, particu¬
described as
together with all estates and
development rights now existing
or hereafter acquired for use in
connection therewith (the
‘Land' 1 ):
Commencing at the point formed
by the intersection of the south¬
westerly right-of-way of Georgia
Highway 20 (variable right-of
way) and the northwesterly right
of-way ot Trammel Road (variable
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
following right-of-way four of Trammel courses: Road along the 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 ot 75.73 feet to a 5/8 inch
rebar set; Thence North 84
degrees 43 minutes 27 seconds
West, a distance of 81 88 leet to
a 5/8 inch rebar set; Thence
along a curve to the left an arc
length of 278.52 feet, said curve
having chord a radius of 605 00 feet,
with a distance ot 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 ol
way property and continuing now formerly along the ol
Berryhill or
Phase I subdivision
(Plat Book 44 / Page 236) North
36 degrees 04 minutes 58 sec¬
onds West, a div-tance ot 308 01
feet to a 5/8 inch rebar set;
Thence along the property now
or subdivision tormerly (Plat of Berryhill Book 46 Phase Page II
/
138) the following 2 courses
North 63 degrees 04 minutes 49
seconds East, a distance of
24 to feet to a 5/8 inch rebar set;
Thence North 22 degrees 43
minutes 42 seconds East, a dis¬
tance ot 286 95 teet to a 1/2 inch
rebar found; Thence along the
properly Inc. (Deed now Book or formerly 1593 ot Page ECC,
/
346) the following 8 courses
South 50 degrees 08 minutes t 35
seconds East, a distance of
157 50 feel to a 1/2 inch rebar
found; Thence North 65 degrees
56 minutes 47 seconds East, a
I
distance of 124 89 feet to a 5/8
inch rebar 9et, Thence North 44
degrees 22 minutes 21 seconds
East, a distance of 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 of curve to the right an arc
length 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 of 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 ot 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 ECC. Inc
and continuing with the property
now or formerly of Trammel Hoad
Partners, LLC (Deed Book 2905 /
Page 499) the following the four left
courses; along of a curve 21 to feet, said
an arc length 51 of 50
curve having a radius 86
feet, with a chord distance ot
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 East, 42 minutes 35 seconds
a distance of 82 54 teet to
a PK nail set; Thence along a
curve to the left an arc length of
49.20 teet, said curve having a
radius of 531.18 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 Sembler Family now Partnership or formerly of
#26.
Ltd. and Fog Trammel, LLC
(Deed Book 3227 / Page 169)
along a curve to the tell 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 the TRUE POINT OF
BEGIN NING.
Said tract.of land contains 3.767
Acres, and being shown on that
certain ALTA/AC SM Land Title
Survey for Services, DBSI-Discovery LLC Real
Estate and
Lawyers Title 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,
TOGETHER Georgia records. WITH ingress rights
described within that certain
Reciprocal Easement Agreement
with Covenants, Conditions and
Restrictions dated February 24,
2004, recorded in Deed Book
3227, Georgia Page 175, Forsyth County,
records
(b) All buildings, structures,
improvements and fixtures now
or hereafter erected on the Land
(collectively, the
'Improvements'');
(c) All easements, rights-of-way of
or use, rights, strips and gores
land, streets, ways, alleys, pas¬
sages, sewer rights, water, water
courses, water rights and pow¬
ers. air rights and 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, relating or pertaining
1o the Secured Property and the
reversion and reversions, remain¬
der and remainders, and all land
lying road in the bed of any street,
or avenue, opened or pro¬
posed, in front o1 or adjoining the
Land, to the center line thereof,
and all the estates, rights, titles,
interests, dower ana 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, communica¬
tions and elevator fixtures), fur¬
nishing, building all suppl ies and
materials, and other personal
property ot every kind and nature
whatsoever owned by Borrower
(or in which Borrower has or
hereatter acquires an interest)
and now or hereatter located
upon, or appurtenant to, the
Secured Property or used or
useable in the present or future
operation and occupancy ot the
Secured Property, along with all
accessions, replacements, bet¬
terments, or substitutions of all
or any portion thereof;
( 6 ) All leases subleases, licens¬
es and other agreements granti¬
ng others the right to use of the or
occupy all or any part
Secured Property together with
all restatements, renewals,
extensions, amendments and
supplements thereto ("Leases"),
now existing or hereafter entered
into, and whether entered before
or after the filing by or for against relief
Borrower of any petition
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"), (ii) all cash, notes,
or security deposited thereunder
to secure the performance by the
tenants of their obligations there¬
under ("Tenant Security
Deposits’), (III) all claims and
rights to the payment of dam¬
ages and other claims arising
from any rejection by a tenant ot
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 Claims"), leased premises ("Tenant
(v) all rents, ground
rents, additional rents, revenues,
termination and similar pay¬
ments. issues and profits (includ¬
al ing all oil and gas or other miner¬
royalties and bonuses) from
the Secured Property (collective
ly Tenant with the Lease Guarantees,
Bankruptcy Security Claims and Deposits, Tenant
Claims, "Rents"), whether paid or
accruing before or after the filing
by or against Borrower of any
petition for relief under the
Bankruptcy Code, (vi) all pro¬
ceeds or streams of payment
from the sale or other d isposition
of the Leases or disposition of
any Rents, and (vli) the right to
receive and apply the 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 ot the right ot 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 ot, and any
unearned premiums on, any
insurance policies covering the
Secured Property, including,
without limitation, the exclusive
right to receive of and apply the
proceeds any claim awards,
judgments, or settlements made
in lieu thereof, for damage to the
Secured Property;
(h) Alt 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
contractsl. registrations, fran¬
chise agreements, permits,
licenses (including, without limi¬
tation, liquor licenses, it 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 ot Borrower therein and
thereunder, including, including,
without limitation, the right, while
an Event ot Default remains
uncured, to receive and collect
any sums payable to Borrower
"Operating thereunder (collectively
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 ot 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 and 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 of to pro¬
tect the interest 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 1 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 of any such
rights.
(n) All proceeds and 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) Borrower Any and all other rights of
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, the Secured
Property is in the possession of
Borrower, and tenants holding
under Borrower
The undersigned may sell that
portion ot the Secured Property
as may, under th,e laws of the
Stale of Georgia, constitute an
estate or interest in real estate
(the “Real Property") separately
from that portion of the Secured
Property as constitutes under the
laws of the State of Georgia per¬
sonalty and not an interest in
real estate (the “Personal
Property"), in which case sepa
rate bids will be taken theretor, or
collectively in a single sale and
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 affect the tollowing items which
may 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 tor
all outstanding bills
public utilities which constitute
liens upon said property prior in
all ii ght to the Security limitations, Deed; and
other easements,
restrictions, reservations.
covenants and encumbrances of
record which are prior in right to
the The Security Personal Deed 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, it any,
which are liens against the
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 the Security Security Deed.
Deed was given to
secure dated June the 13, Promissory 2008, in the Note orig
Inal amount of
$3,280,000.00 and made by
Original Lender (said Borrower Promissory to the order of
Note is
WEDNESDAY, FEBRUARY t, 2012
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
detault 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. § 13-1-111
in such priority and proportion as
Lender determines in its sole dis¬
cretion; and the excess, if 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
pn 11
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, exo
cuted by Daniel Grentz and
Jonnice Grentz to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS. INC as nominee for
Pine State Mortgage
Corporation, recorded in Deed
Book 5109, Georgia Page 22. Forsyth
County. Deed Records,
and securing a Note in the origi¬
nal principal amount ot
$416,150.00, said Security Deed
last having been assigned to
GREEN TREE SERVICING LLC.
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 February, 2012. to
wit, February 7, 2012, during the
legal hours of sale, before the
Forsyth County Courthouse 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
which are a lien, but not yet due
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 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 Daniel
Grentz and Jonnice Grentz and
the proceeds ot said sale will be
applied to the payment ot 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, it any, will be distrib¬
uted as provided by law
GREEN TREE SERVICING LLC
as Attorney-in-Fact for
DANIEL GRENTZ and JONNICE
GRENTZ
David W Adams, Esquire
Ellis. Painter. Ratterree & Adams
LLP
2 East Bryan Street, Suite 1001
Savannah. Georgia 31401
THIS (912) 233-9700 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
gpntl NOTICE OF SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of a Power of Sale con¬
tained in that certain Securit X
Deed from MARK H NEDZ
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 Deed County, Georgia “Security Public
Records (the been
Deed"), having given to
secure a Note In the principal
amount of Six Hundred
Thousand AND 00/100 U S.
DOLLARS ($600,000.00). with
Interest thereon as provided for
4
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 the high¬
est bidder for cash before the
courthouse door of Forsyth
County. Georgia, within the legal
hours for sale on the first
Tuesday in February. 2012, the
property described in said
Security Deed as follows
Alt that tract or parcel of land
lying and being District, In Land Lot 36 of
the 14th 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 tor
Frank Smith dated May 31, 1979.
surveyed by Davis W. Bealle.
RLS No. 1872, recorded in Plat
County Book 31. Page 173, Forsyth
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 of said
Security Deed and Note, includ¬
ing. but not limited to, the non¬
payment of the 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 ol the
sale, including attorneys fees
and other payments provided for
under the terms of the Security
Deed and Note
Said pioperty 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 ot
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 for public utilities
which constitute liens upon said
property; all restrictive
covenants, easements, rights of
way and any other matters of
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 not prohibited under the
United States Bankruptcy Code,
and (2) to final confirmation and
audit of the status ot the loan
with the holder of the Security
Deed
CRM Central Properties, LLC, as
Attorney-in-Fact for Mark H
Nedza and Jennifer Shaver
Nedza
Fnose Legal, LLC. Attorney for
CRM Central Properties. LLC
ATTN Stephanie Fnese Aron
1100 Spring Street, NW. Suite
730
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
gpnt 1 NOTICE OF SALE
UNDER POWER IN SECURITY
DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Because of 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
of said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed will, on the first Tuesday in
February, 2012, during the legal
hours ot sale at the courthouse
door in Forsyth County, Georgia,
sell at public outcry, lo the high¬
est bidder for cash, the property
described in said deed, to wit
All that tract or parcel of land
lying and being in the 2nd
District 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 teet to the Southwest
corner of the Land Lot. thence
North along the West original line
763 teet to a corner ; thence East
along South the line parallel with the
original line 1428 feet to
the East original line 763 feet to
the POINT OF BEGINNING
Said tract contains 25 acres,
more or less.
Less and Except the following 4
Tracts
Tract 1
All that tract or parcel of land
lying and being In the 2nd
District and 1st Section of
Forsylh County, Georgia being in
Land Lot 897 and being more
fully described as follows:
West Beginning original at line a corner of said on Land the
Lot which beginning corner is
located 190.75 feet North 1
degrees 30 minutes West from
the Southwest corner of said
Land Lot. thence from said
beginning corner North 1 deg ree
30 minutes West along W est
Land Lot line 190.75 feet to cor¬
ner thereon, thence North 89
degrees 24 minutes East 685 08
feet to corner, thence South 1
degree 30 minutes East 190 75
teet to corner, thence South 89
degrees 24 minutes West 685 08
teet to the beginning corner of
the West original line of said
Land Lot
Said described tract contains 3
acres and is more fully shown
along with other property on a
plat prepared by J. Paul Bates.
Registered Surveyor No 936,
dated June 6. 1968, revised
December 8. 1978, entitled sur¬
vey for Margaret S Martin
There is also conveyed hereby a
non exclusive easement tor
access lo said described proper¬
ty fifteen feet wide from public
road beginning at a point 685 08
teet North 89 degrees 24 min¬
utes East from the Southwest
corner of said Land Lot and pro¬
ceeding thence North 1 degree
30 minutes West to the property
hereinbefore described.
Tract 2
All that tract or parcel of land
lying District and being in the 2nd
and 1st Section of
Forsyth Land County. 897 Georgia being in
Lot and being more
fully described as follows:
Beginning at the Southwest cor¬
ner ol said Land Lot; thence
North 1 degree 30 minutes West
along the West Land Lot line
190 75 feet to a corner thereon;
thence North 89 degrees 24 min¬
utes East 685 08 teet to corner;
thence South 1 degree 30 min¬
utes East 190.75 feel to corner
on the South original line of said
Land Lot at public road; thence
See LEGALS 17 C
4