Newspaper Page Text
TheTrue Citizen, Wednesday, October 12, 2011 — Page 15
Legal Advertising
Said property is commonly known as 160
Nancy Lane, Blythe, GA 30805 together
with all fixtures and personal property attached
to and constituting a part of said property, if any.
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property is (are):
Thomas Dale Lemacks or tenant or tenants.
Said property will be sold subject to: (a) any
outstanding ad valorem taxes (including taxes
which are a lien, but not yet due and payable),
(b) the right of redemption of any taxing
authority, (c) any matters which might be
disclosed by an accurate survey and inspection
of the property, and (d) any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of record
superior to the Security Deed first set out above.
The sale will be conducted subject 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
for certain procedures regarding the rescission
of judicial and non-judicial sales in the State of
Georgia, the Deed Under Power and other
foreclosure documents may not be provided
until final confirmation and audit of the status
of the loan as provided immediately above.
First American Mortgage Trust, Inc. as
agent and Attorney in Fact for Thomas Dale
Lemacks
Aldridge Connors, LLP, 780 Johnson Ferry
Road, NE, Suite 600, Atlanta, Georgia 30342,
(678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE. 1072-274
Oct. 5,12,19,26
gpn 11
-866-
NOTICE OF SALE UNDER POWER
GEORGIA, BURKE COUNTY
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale
contained in a Security Deed given by
Cameron D. Grunewald and Donna Marie
Grunewald to Mortgage Electronic
Registration Systems, Inc., dated June 19,
2008, recorded in Deed Book 706, Page 229,
Burke County, Georgia Records, as last
transferred to BAC Home Loans Servicing, LP
FKA Countrywide Home Loans Servicing, LP
by assignment recorded in Deed Book 761,
Page 83, Burke County, Georgia
Records,conveying the after-described
property to secure a Note in the original
principal amount of ONE HUNDRED
ELEVEN THOUSAND SIX HUNDRED
FIFTY AND 0/100 DOLLARS ($111,650.00),
with interest thereon as set forth therein, there
will be sold at public outcry to the highest
bidder for cash before the courthouse door of
Burke County, Georgia within the legal hours
of sale on the first Tuesday in November, 2011,
the following described property:
SEE EXHIBIT “A” ATTACHED HERETO
AND MADE A PART HEREOF The debt
secured by said Security Deed has been and
is hereby declared due because of, among
other possible events of default, failure to pay
the indebtedness as and when due and in the
manner provided in the Note and Security
Deed. The debt remaining in default, this sale
will be made for the purpose of paying the
same and all expenses of this sale, as provided
in 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 disclosed by an accurate
survey and inspection of the property, any
assessments, liens, encumbrances, zoning
ordinances, restrictions, covenants, and
matters of record superior to the Security Deed
first set out above. The entity that has full
authority to negotiate, amend, and modify all
terms of the mortgage with the debtor is: Bank
of America, N.A., 177 Countrywide Way, Mail
Stop: CAO-911 -01 -05, Lancaster, CA 93536,
(661 ( 951-5100. Please understand that the
secured creditor is not required by law to
negotiate, amend, or modify the terms of the
mortgage instrument.
To the best knowledge and belief of the
undersigned, the party in possession of the
property is Cameron D. Grunewald and
Donna M. Grunewald or a tenant or tenants
and said property is more commonly known
as 10236 GA Hwy 23 South, Girard, Georgia
30426.
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 confirmation and audit of the status of the
loan with the holder of the security deed. Bank
of America, N. A., successor by merger to BAC
Home Loans Servicing, LP, formerly known
as Countrywide Home Loans Servicing, LP
as Attorney in Fact for Cameron D.
Grunewald and Donna Marie Grunewald
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jec 11/1/11 Our file no. 53522109-FT11
EXHIBIT “A” All that lot or parcel of land, with
improvements thereon, situate, lying and
being in the 68th G.M.D., Town of Girard,
containing 3 acres, more or less, bounded now
or formerly as follows: on the north by lands of
L.S. Royal and lands of J.R. Odom; on the east
by a public road known as Savannah-Augusta
public road and being the main street in the
Town of Girard; on the south by lands of the
estate of Charles Brigham conveyed to
Charles C. Brigham, Thomas D. Brigham,
John C. Brigham and Walter W. Brigham; and
on the west by lands of Evans Heyman’s Estate
and lands of J.R. Odom. Said property is more
fully accurately shown on a plat of property
surveyed for Betty Jones by Warren E.
Poythress dated July 5,1994, copy of said plat
being recorded in said Clerk’s Office in file for
Plats A-7232, reference being made to said
plat for a more complete and accurate
description as to the metes, bounds and
location of said property. This conveyance also
secures future advances and all other present
or future indebtedness of grantor to grantee,
whether direct, indirect or contingent, together
with all extensions or renewals thereon, which
extensions and renewals shall be at the sole
option of the grantee. This instrument
establishes a perpetual or indefinite security
interest in the property hereby conveyed, this
being as authorized by the provisions of
O.C.G.A. Section 44-14-80(a) as amended.
MR/jec 11/1/11 Our file no. 53522109 - FT11
Oct. 5,12,19,26c
gpn 11
-865-
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF Burke
Under and by virtue of the power of sale in
that certain Deed to Secure Debt, Assignment
of Leases and Rents and Security Agreement
from JER/Jameson Properties LLC
(“Borrower”), in favor of Wachovia Bank,
National Association (“Original Lender”) dated
July 27, 2006, recorded in Deed Book 610,
Page 131, as assigned to LaSalle Bank
National Association, as Trustee for the
Registered Holders of Wachovia Bank
Commercial Mortgage Trust, Commercial
Mortgage Pass-Through Certificates, Series
2006-WHALE 7, and solely to the extent set
forth in the applicable Partition Agreement, the
applicable Non-Trust Portion Holder
(“Assignee I”) by that certain Assignment of
Deed to Secure Debt, Assignment of Leases
and Rents and Security Agreement from
Original Lender, effective as of September 28,
2006, recorded in Deed Book 723, Page 223,
being further assigned to Wells Fargo Bank,
N.A., as Trustee for the benefit of The Holders
of Wachovia Bank Commercial Mortgage
Trust, Commercial Mortgage Pass-Through
Certificates, Series 2006-WHALE 7, and
solely to the extent set forth in the applicable
Partition Agreement, the applicable Non-Trust
Portion Holder (“Assignee II”) by that certain
Assignment of Deed to Secure Debt,
Assignment of Leases and Rents and Security
Agreement from Assignee I, effective as of
June 30, 2008, recorded in Deed Book 723,
Page 229, and being further assigned to U.S.
Bank National Association, as Trustee for the
benefit of The Holders of Wachovia Bank
Commercial Mortgage Trust, Commercial
Trust, Commercial Mortgage Pass-Through
Certificates, Series 2006-WHALE 7, and
solely to the extent set forth in the applicable
Partition Agreement, the applicable Non-Trust
Portion Holder (as assigned, the “Holder"’), by
that certain Assignment of Deed to Secure
Debt, Assignment of Leases and Rents and
Security Agreement, from Assignee II, effective
as of March 31,2009, recorded in Deed Book
746, Page 311, all being recorded in the Real
Estate Records of Burke County, Georgia (as
assigned, the “Security Deed”), said Security
Deed having been given to secure a loan in
the original principal amount of
$175,000,000.00 pursuant to that certain Loan
Agreement (as assigned, amended, restated,
replaced, supplemented or otherwise
modified from time to time, the “Loan
Agreement”; all capitalized terms used but not
defined herein shall have the meanings
ascribed to such terms in the Loan Agreement)
dated as of July 27, 2006, among Borrower,
JER/Jameson NC Properties LP (“Other
Borrower”) and Original Lender, and
evidenced by that certain Promissory Note
dated as of July 27, 2006 (as assigned,
amended, restated, replaced, supplemented
or otherwise modified from time to time, the
“Note”), and to secure any and all other
indebtedness, renewals, extensions and
modifications thereof then or thereafter owing
between the parties, with interest from the date
thereof at the rate specified therein on the
unpaid balance until paid, there will be sold by
the Holder at public outcry, during the legal
hours of sale before the door of the courthouse
of Burke County, Georgia, onthefirstTuesday
in November, 2011, to the highest and best
bidder for cash, all of Borrower's interest in
and to the following property, rights, interests
and estates (collectively, the “Property”):
(a) Land. The real property described
below (the “Land”);
All that tract or parcel of land lying in or being
in the City of Waynesboro, 62nd GMD, Burke
County, Georgia, and being more particularly
described as follows:
Beginning where the East right-of-way of
U.S. Highway 25 intersects with the North right-
of-way of Peachtree Street; THENCE North
29 degrees 45 minutes 34 seconds west for a
distance of 250.00 feet along the east right-of-
way of U.S. Highway 25 to a concrete
monument set, and the Point of Beginning.
THENCE North 29 degrees 45 minutes 34
seconds West for a distance of 215.76 feet
along the east right-of-way of U.S. Highway
25 to a right-of-way monument founds;
THENCE North 28 degrees 31 minutes 04
seconds West for a distance of 24.25 feet along
the east right-of-way of U.S. Highway 25 to
concrete monument set; THENCE North 59
degrees 47 minutes 51 seconds East for a
distance of 270.00 feet to a concrete
monument set; THENCE South 29 degrees
45 minutes 34 seconds East for a distance of
240.00 feet to a concrete monument set;
THENCE South 59 degrees 47 minutes 51
seconds West for a distance of 270.53 feet to
the Point of Beginning. Said property contains
1.49 acres, more or less.
TOGETHER with a perpetual easement
for the construction, use, and maintenance for
utilities (including sewer, water, gas, electric,
telephone and cable) over, along, across, and
under that certain 15 foot wide strip of land
running adjacent the northeastern boundary
of property of McDonalds of Hawaii
Development Company from the northern
right-of-way of Peachtree Road in a
northwesterly direction to the intersection with
the Road in a northwesterly directly to the
intersection with the southern boundary of the
above described 1.49 acre tract, said utility
easement being more fully described as
follows:
Beginning at a rebar found where the north
right-of-way of Peachtree Road intersects the
east right-of-way of U.S. Highway 25 (Liberty
Street); THENCE North 42 degrees 41
minutes 07 seconds East for a distance of
244.40 feet along the North right-of-way of
Peachtree Road to a rebar found and the true
POINT OF BEGINNING; THENCE North 29
degrees 34 minutes 39 seconds West for a
distance of 178.09 feet to a concrete
monument found; THENCE North 59 degrees
47 minutes 51 seconds East for a distance of
15.00 feet to a point; THENCE South 29
degrees 34 minutes 39 seconds West for a
distance of 173.46 feet to a point on the north
right-of-way of Peachtree Road; Thence South
42 degrees 41 minutes 07 seconds West for a
distance of 15.75 feet along the north right-of-
way of Peachtree Road to the true POINT OF
BEGINNING.
(b) Additional Land. All additional lands,
estates and development rights hereafter
acquired by Borrower for use in connection
with the Land and the development of the Land
and all additional lands and estates therein
which may, from time to time, by supplemental
deed to secure debt or otherwise, be expressly
made subject to the lien and security title of the
Security Deed;
(c) Improvements. The buildings,
structures, fixtures, additions, enlargements,
extensions, modifications, repairs,
replacements and improvements now or
hereafter erected or located on the Land
(collectively, the “Improvements”);
(d) Easements. All easements, rights-of-
way or use, rights, strips and gores of land,
streets, ways, alleys, passages, sewer rights,
water, water courses, water rights and powers,
air rights and development rights, and all
estates, rights, titles, interests, privileges,
liberties, servitudes, tenements,
hereditaments and appurtenances of any
nature whatsoever, in any way now or hereafter
belonging, relating or pertaining to the Land
and/or the Improvements and the reversions
and remainders, and all land lying in the bed
of any street, road or avenue, opened or
proposed, in 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 curtesy, property,
possession, claim and demand whatsoever,
both at law and in equity, of Borrower of, in and
to the Land and the Improvements and every
part and parcel thereof, with the
appurtenances thereto;
(e) Equipment. All “equipment,” as such
term is defined in Article 9 of the Uniform
Commercial Code, as adopted and enacted
by the state or states where any of the Property
is located (as amended from time to time, the
“Uniform Commercial Code”), now owned or
hereafter acquired by Borrower, which is used
at or in connection with the Improvements and/
or the Land or is located thereon or therein
(including, but not limited to, all machinery,
equipment, furnishings, and electronic data-
processing and other office equipment now
owned or hereafter acquired by Borrower and
any and all additions, substitutions and
replacements of any of the foregoing), together
with all attachments, components, parts,
equipment and accessories installed thereon
or affixed thereto (collectively, the
“Equipment”). Notwithstanding the foregoing,
“Equipment” shall not include any property
belonging to tenants under Leases (as
hereinafter defined) except to the extent that
Borrower shall have any right or interest
therein;
(f) Fixtures. All Equipment now owned, or
the ownership of which is hereafter acquired,
by Borrower which is so related to the Land
and/or the Improvements forming part of the
Property that it is deemed fixtures or real
property under the law of the particular state in
which the Equipment is located, including,
without limitation, all building or construction
materials intended for construction,
reconstruction, alteration or repair of or
installation on the Property, construction
equipment, appliances, machinery, plant
equipment, fittings, apparatuses, fixtures and
other items now or hereafter attached to,
installed in or used in connection with
(temporarily or permanently) any of the
Improvementsand/orthe Land, including, but
not limited to, engines, devices for the
operation of pumps, pipes, plumbing,
cleaning, call and sprinkler systems, fire
extinguishing apparatuses and equipment,
heating, ventilating, laundry, incinerating,
electrical, air conditioning and air cooling
equipment and systems, gas and electric
machinery, appurtenances and equipment,
pollution control equipment, security systems,
disposals, dishwashers, refrigerators and
ranges, recreational equipment and facilities
of all kinds, and water, gas, electrical, storm
and sanitary sewer facilities, utility lines and
equipment (whether owned individually or
jointly with others, and, if owned jointly, to the
extent of Borrower’s interest therein) and all
other utilities whether or not situated in
easements, all water tanks, water supply,
water power sites, fuel stations, fuel tanks, fuel
supply, and all other structures, together with
all, accessions, appurtenances, additions,
replacements, betterments and substitutions
for any of the foregoing and the proceeds
thereof (collectively, the “Fixtures”).
Notwithstanding the foregoing, “Fixtures” shall
not include any property which tenants are
entitled to remove pursuant to Leases, except
to the extent that Borrower shall have any right
or interest therein;
(g) Personal Property. All furniture,
furnishings, objects of art, machinery, goods,
tools, supplies, appliances, general
intangibles, contract rights, accounts, accounts
receivable, open accounts, franchises, licenses
(including all trademark and servicemark
licenses), certificates and permits, inventory
and all other personal property of any kind or
character whatsoever as defined in and
subject to the provisions of the Uniform
Commercial Code, whether tangible or
intangible, other than Fixtures, which are now
or hereafter owned by Borrower, including, but
not limited to, beds, bureaus, chiffoniers,
chests, chairs, desks, lamps, mirrors,
bookcases, tables, rugs, carpeting, drapes,
draperies, curtains, shades, Venetian blinds,
screens, paintings, hangings, pictures, divans,
couches, luggage carts, luggage racks, stools,
sofas, chinaware, linens, pillows, blankets,
glassware, food carts, cookware, dry cleaning
facilities, dining room wagons, keys or other
entry systems, bars, bar fixtures, liquor and
other drink dispensers, icemakers, radios,
television sets, intercom and paging
equipment, electric and electronic equipment,
dictating equipment, private telephone
systems, medical equipment, potted plants,
heating, lighting and plumbing fixtures, fire
prevention and extinguishing apparatus,
cooling and air-conditioning systems,
elevators, escalators, fittings, plants,
apparatus, stoves, ranges, refrigerators,
laundry machines, tools, machinery, engines,
dynamos, motors, boilers, incinerators,
switchboards, conduits, compressors, vacuum
cleaning systems, floor cleaning, waxing and
polishing equipment, call systems, brackets,
electrical signs, bulbs, bells, ash and fuel,
conveyors, cabinets, lockers, shelving,
spotlighting equipment, dishwashers,
garbage disposals, washers and dryers and
other customary hotel equipment, together with
all accessories, replacements and
substitutions thereto or therefor and the
proceeds thereof (collectively, the “Personal
Property”), and the right, title and interest of
Borrower in and to any of the Personal Property
which may be subject to any security interests,
as defined in the Uniform Commercial Code,
superior in lien to the lien of the Security Deed
and all proceeds and products of any of the
above;
(h) Leases and Rents. All leases, subleases
and sub-subleases, lettings, licenses,
concessions, franchise and license
agreements, and other agreements (whether
written or oral and whether now or hereafter
in effect) pursuant to which any Tenant is
granted a possessory interest in, or rightto use
or occupy all or any portion of any space in the
Land and/or the Improvements, and every
modification, amendment or other agreement
relating to such leases, subleases,
subsubleases or other agreements, and every
guarantee of the performance and
observance of the covenants, conditions and
agreements to be performed and observed
by the other party thereto, heretofore or
hereafter entered into (collectively, the
“Leases”), whether before or after the filing by
or against Borrower of any petition for relief
under 11 U.S.C.§101 etseq.,asthesamemay
be amended from time to time (the “Bankruptcy
Code”), and all right, title and interest of
Borrower, its successors and assigns, therein
and thereunder, including, without limitation,
cash or securities deposited thereunder to
secure the performance by the tenants of their
obligations thereunder and all rents (including,
without limitation, percentage rents), rent
equivalents, moneys payable as damages
(including payments by reason of the rejection
of a Lease in a Bankruptcy Action) or in lieu of
rent or rent equivalents, additional rents,
revenues, royalties (including all oil and gas
or other mineral royalties and bonuses),
income, fees, receivables, receipts, deposits
(including, without limitation, security, utility
and other deposits), accounts, cash, issues,
profits, charges for services rendered, and
other payments and consideration of whatever
form or nature received by or paid to or for the
account of or benefit of Borrower from any and
all sources arising from or attributable to the
Land and/or the Improvements, including,
without limitation, all revenues and credit card
receipts from telephone services, laundry,
vending and television, all revenues and credit
card receipts collected from guest rooms,
restaurants, bars, meeting rooms, banquet
rooms and recreational facilities, health club
membership fees, food and beverage
wholesale and retail sales, vending machine
sales, services charges and all receivables,
customer obligations, installment payment
obligations and other obligations now existing
or hereafter arising or created out of the sale,
lease, sublease, license, concession or other
grant of the right of the use and occupancy of
property or rendering of services by Borrower
or any operator or manager of the hotel or
commercial space located in the
Improvements, or any of their respective
agents or employees (including without
limitation, from the rental of any office space,
retail space, guest rooms or other space, halls,
stores and offices, and deposits securing
reservations of such space), and proceeds, if
any, from business interruption or other loss of
income insurance, whether paid or accruing
before or after the filing by or against Borrower
of any petition for relief under the Bankruptcy
Code (collectively, the “Rents”), and all
proceeds from the sale or other disposition of
the Leases and the right to receive and apply
the Rents to the payment of the Debt and the
performance of the Other Obligations;
(i) Condemnation Awards. All Awards
which may heretofore and hereafter be made
with respect to the Property, whether from the
exercise of the right of eminent domain
(including, but not limited to, any transfer made
in lieu of or in anticipation of the exercise of
such right) or for a change of grade, or for any
other injury to or decrease in the value of the
Property;
(j) Insurance Proceeds. All Insurance
Proceeds in respect of the Property under any
Policies covering the Property, including,
without limitation, the right to receive and apply
the proceeds of any insurance, judgments or
settlements made in lieu thereof, in connection
with a Casualty to the Property;
(k) Tax Certiorari. All refunds, rebates or
credits in connection with any reduction in
Taxes or Other Charges charged against the
Property;
(l) Conversion. All proceeds of the
conversion, voluntary or involuntary, of any of
the foregoing, including, without limitation,
Insurance Proceeds and Awards, into cash or
liquidation claims;
(m) Rights. The right, in the name and on
behalf of Borrower, to commence any action
or proceeding to protect the interest of the
Holder in the Property and to appear in and,
while an Event of Default (as hereinafter
defined) remains uncured, defend any action
or proceeding brought with respect to the
Property;
(n) Agreements. All agreements, contracts,
certificates, instruments, franchises, permits,
licenses, plans, specifications and other
documents, now or hereafter entered into, and
all rights therein and thereto, respecting or
pertaining to the use, occupation, construction,
management or operation of the
Improvements and/or the Land or any part
thereof, respecting any business or activity
conducted in the Improvements and/or on the
Land or any part thereof and all right, title and
interest of Borrower therein and thereunder,
including, without limitation, the right, upon the
happening of any default hereunder, to receive
and collect any sums payable to Borrower
thereunder;
(o) Trademarks. All trade names,
trademarks, servicemarks, logos, copyrights,
goodwill, books and records and all other
general intangibles relating to or used in
connection with the operation of the Property;
(p) Accounts. All reserves, escrows and
deposit accounts maintained by Borrower with
respect to the Property, including, without
limitation, all accounts established or
maintained pursuant to the Loan Agreement
or any other Loan Document, together with all
deposits or wire transfers made to such
accounts and all cash, checks, drafts,
certificates, securities, investment property,
financial assets, instruments and other
property held therein from time to time and all
proceeds, products, distributions, dividends
and/or substitutions thereon and thereof;
(q) Credit Card Receipts. All accounts and
accounts receivable, including all present and
future rights to payment from any consumer
credit or charge card organization or entity
(such as those organizations which sponsor
or administer the American Express, Carte
Blanche, Discover Card, Diners Club, Visa,
Master Card and similar charge and credit
cards) arising out of the leasing and operation
of, or the business conducted at or in relation
to, any of the Property;
(r) Hotel Revenue. All revenue and income
received by or on behalf of Borrower or
Manager resulting from the operation of the
Property as a hotel, including all sums (i) paid
by customers for the use of hotel rooms located
within the Property, (ii) derived from food and
beverage operations located within the
Property (including, without limitation, from the
sale of alcoholic beverages), (iii) generated
by other hotel operations, including without
limitation any parking, convention, sports,
banquet facilities and recreational facilities and
(iv) business interruption insurance proceeds;
(s) Hotel Accounts. All deposit, operating or
other accounts including the entire balance
therein (now or hereafter existing) maintained
by or on behalf of Borrower or Manager (to
the extent related to Manager’s management
and operation of the Property) with any other
banking or financial institution, and all money,
instruments, securities, documents, chattel
paper, credits, demands, and any other
property, rights, or interests of Borrower or
Manager related to the Property which at any
time shall come into the possession, custody
or control of any other banking or financial
institution;
(t) Hotel Agreements. All agreements now
or hereafter entered into by or on behalf of
Borrower with any party with respect to the
management, franchising, leasing,
brokerage, promotional, marketing or
consulting services rendered or to be
rendered, with respect to the management,
franchising, leasing, promotion, marketing,
operation or sale of any portion of the Property,
including the Management Agreement and
the Franchise Agreement, and the proceeds
thereof (including distributions and other
payments thereunder) and any license
agreements;
(u) Hotel Books. All books, records and
computer software in which Borrower has an
ownership or licensing interest concerning any
of the foregoing;
(v) Rate Cap. All of Borrower’s interest in
that certain Rate Cap entered into on or about
the date hereof, as amended, modified,
extended or supplemented from time to time,
together with the confirmation thereof and any
other interest rate protection agreement
entered into by Borrower;
(w) Uniform Commercial Code Property.
The Rate Cap and all “accounts”, “chattel
paper”, “general intangibles” and “investment
property” (as such terms are defined in the
Uniform Commercial Code) constituting or
relating to any of the foregoing;
Interest Rate Cap Agreement. Any and all
contracts, instruments and agreements, now
existing or hereafter arising, in connection with
any interest rate protection or hedge
agreement, including any interest rate future,
option, swap, cap or collar agreement in
connection with the Loan, including without
limitation, the Interest Rate Cap Agreement
(as defined in the Collateral Assignment of
(x) Interest Rate Cap (as defined in the
Loan Agreement)) and any and all rights that
Borrower may now or hereafter have to any
and all payments, disbursements, distributions
or proceeds owing, payable or required to be
delivered to Borrower on account of the Interest
Rate Cap Agreement with respect to the
period commencing on the date hereof and
ending upon payment in full and satisfaction
of the Debt, and all proceeds of any or all of the
foregoing and further including any and all
rights that Borrower may now or hereafter
have to terminate the Interest Rate Cap
Agreement;
(y) Management Agreement. The
Management Agreement;
(z) Licenses and Permits. All permits,
license agreements, operating contracts,
licenses (including liquor licenses to the extent
assignable by Borrower) and all
management, service, supply and
maintenance contracts and agreements, and
any other agreements, permits or contracts of
any nature whatsoever now or hereafter
obtained or entered into by Borrower with
respect to the ownership, operation,
maintenance and administration of the
Property;
(aa) Proceeds. All products and proceeds
of any of the foregoing; and
(bb) Other Rights. Any and all other rights
of Borrower in and to the items set forth in
Subsections (a) through (aa) above.
The security interest created by the Security
Deed in and to personal property is further
evidenced by that certain UCC-1 Financing
Statement naming Borrower, as debtor
therein, and Original Lender, as secured party
therein, filed on August 7,2006, and recorded
in Deed Book 610, Page 177, as assigned to
Assignee I, as Trustee, pursuant to that certain
UCC-3 Financing Statement Amendment,
filed on December 15,2008, and recorded in
Deed Book 723, Page 226, as further
assigned to Assignee II, as Trustee, filed on
December 15, 2008, and recorded in Deed
Book 723, Page 232, as further assigned to
the Holder pursuant to that certain UCC-3
Financing Statement Amendment, filed on
July 16,2009, and recorded in Deed Book 746,
Page 314, all being recorded in the Real Estate
Records of Burke County, Georgia.
All of the indebtedness secured by the
Security Deed has matured and remains
unpaid. The indebtedness remaining in
default, the sale will be made for the purpose
of applying proceeds thereof to the payment
of the indebtedness secured by the Security
Deed, accrued interest and expenses of the
sale and other sums secured by the Security
Deed, including attorney’s fees, and the
remainder, if any, shall be applied as provided
by law.
The Property will be sold on an “as is, where
is” basis without recourse against the Holder
and without representation or warranty of any
kind or nature whatsoever with respect thereto.
The Holder reserves the right to sell the real
property portion of the Property as a single
parcel or as several parcels. The Holder also
reserves the right to sell the real property
portion of the Property separately from the
personal property portion and to take separate
bids therefor.
The Property will be sold as the property of
JER/Jameson Properties LLC. The Property
will be sold subject to:
1. The rights of tenants in
possession, if any;
2. Any and all outstanding ad
valorem taxes and assessments for street
improvements; and
3. Other superior matters of record,
if any, including but not limited to easements,
reservations, restrictions and unrecorded
leases.
The Holder will execute a deed to the
purchaser at said sale as provided in the
Security Deed.
U.S. Bank National Association, as
Trustee for the benefit of The Holders of
Wachovia Bank Commercial Mortgage
Trust, Commercial Trust, Commercial
Mortgage Pass-Through Certificates,
Series 2006-WHALE 7, and solely to the
extent set forth in the applicable Partition
Agreement, the applicable Non-Trust
Portion Holder, as attorney-in-fact
forJER/JAMESON PROPERTIES LLC
BY: ALSTON & BIRD, LLP
By:/s/
Stacy E. Smith
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Attn: Stacy E. Smith, Esq.
(404) 881-4794
Oct 5,12,19, 26c
gpn 11
-867-
EXHIBIT “A”
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF BURKE.
Under and by virtue of the Power of Sale
contained in Deed to Secure Debt given by
Robert Belanger and Rhonda Belanger to
American Farm Properties, Inc., dated
December 11,2008, as recorded in the Office
of the Clerk of Superior Court of Burke County,
Georgia, in Deed Book 738, at page 264, in
the original principal amount of $21,100.00,
which conveys the after-described property to
secure a Promissory Note with interest at the
rate specified therein there will be sold by the
undersigned at public outcry to the highest
bidder for cash before the Courthouse door of
Burke County, Georgia, within the legal hours
of sale on the first Tuesday in November, 2011,
to wit: November 1, 2011, the following
described property:
All that tract or parcel of land and all
improvements thereon, lying and being in
Burke County, Georgia; Farm #35 in Keysville
Farms Subdivision as shown on Plat Book B-
140, Clerk’s Office, Burke County Superior
Court, to which reference is hereby made for
a more complete description and containing
4.57 acres.
Being the same property conveyed to
Robert Belanger and Rhonda Belanger by
deed from American Farm Properties, Inc.
dated December 11,2008, recorded in said
Clerk's Office in Deed Book 738, at page 263.
Said property is conveyed subject to any
and all easements and restrictions of record.
The debt secured by said Deed to Secure
Debt 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 Deed to Secure Debt. The debt
remaining in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, as provided in the Deed
to Secure Debt and by law, including attorney’s
fees (notice of intent to collect attorney's fees
having been given).
The individual or entity that has full authority
to negotiate, amend and modify all terms of
this deed with the debtor is: American Farm
Properties, Inc., Post Office Box 788,104 East
College Avenue, Holly Springs, MS 38635,
662-252-4592. Please understand that the
secured creditor is not required to negotiate,
amend or modify the terms of the security
instrument.
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property known as
Lot 35 of Keysville Farms, 439 Bent Knee
Road, Keysville, Georgia 30816 is: Robert
Belanger and Rhonda Belanger, tenant or
tenants.
Said property will be sold subject to (a) any
outstanding ad valorem taxes (including taxes
which are a lien, but not yet due and payable),
(b) any matters which might be disclosed by
an accurate survey and inspection of the
property, and (c) all matters of record superior
to the Deeds to Secure Debt first set out above,
including, but not limited to, assessments,
liens, encumbrances, zoning ordinances,
easements, restrictions, covenants, etc.
American Farm Properties, Inc.
As Attorney in Fact for
Robert Belanger and Rhonda Belanger
Tyler C. Mahaffey
Attorney for American Farm Properties, Inc.
603 Liberty Street
Waynesboro, Georgia 30830
(706) 554-7206
(706) 547-4090
This law firm is acting as a debt collector
attempting to collect a debt. Any information
obtained will be used for that purpose.
Oct. 5,12,19,26c
gpn 11
-869-
STATE OF GEORGIA
COUNTY OF BURKE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the
indebtedness secured by a Security Deed
executed by James R. Seigler to Regions
Mortgage, Inc. dated June 14, 2002, and
recorded in Deed Book 393, Page 315, Burke
County Records, securing a Note in the
original principal amount of $99,000.00, the
holder thereof pursuant to said Deed and 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,
November 1,2011, during the legal hours of
See Legals, Pages13, 14, 16 & 17