Newspaper Page Text
Public Notices
sale on the first Tuesday in September,
1997, the following described property:
All that tract or parcel of land situate,
lying and being in Land Lot 22, 11 th Land
District of Houston County, Georgia,
being known and designated as Lot 34,
Block C, Bonaire Heights Subdivision,
Section 3, Phase 3, according to plat of
survey prepared by Story & Company,
Inc. dated November 3, 1993, of record
in Map Book 45, Page 2, Clerk's Office,
Houston Superior Court. Said plat and the
recorded copy thereof are hereby made a
part of this description by reference there
to.
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 indebt
edness as and when due and in the man
ner provided in the Note and Security
Deea. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorney's fees (notice of
intent to collect attorney's fees having
been given).
Said property will be sold subject to
any outstanding ad valorem taxes (includ
ing 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions,covenants,and matters
of record superior to the Security Deed
first set out above.
To the best knowledge and belief of
the undersigned, the party in possession
of the property is Walter K. Bush or a ten
ant or tenants and said property is more
commonly known as 100 Deluna Drive,
Bonaire, GA 31005.
Federal National Mortgage
Association
as Attorney in Fact for
Walter K. Bush
S. H. McCalla
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
56 Perimeter Center East, N E., Fifth
Floor
Atlanta, Georgia 30346
(770)-729-8875
SHM/nap 9/ 2/97
Our file no. 55671/97-5-17347
This law firm is acting as a debt col
lector Any information obtained will be
used for tnat purpose.
8-6 8/6-8/27
Notice of Sale under Power
Georgia, Houston County
Under and by virtue of the Power of
Sale contained in a Security Deed given
by Carl F. Deitrich to Real Estate
Financing, Inc.,dated Februaryls,l994,
recorded in Deed Book 1081, Page 454,
Houston County,Georgia Records, con
veying the after-described property to
secure a Note in the original principal
amount of Eighty One Thousand Three
Hundred Fifty & No/100
Dollars(sßl,3so.oo),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
Houston County, Georgia, within the legal
hours of sale on the first Tuesday in
September, 1997,the following described
. property: All thqt,tract or parcel of land sit
uate, lying and being in Land Lot 134 of
the Fifth Land District of Houston County,
Georgia, being known and designated as
Lot 15, Block “H", Addition No. 2,
Heritage Subdivision, dated October 10,
1973, a copy of said plat is of record in
Plat Book 16, Page 293, Clerk's Office,
Houston Superior Court. Said Plat and the
recorded copy thereof are incorporated
herein by reference thereto for all purpos
es.
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 indebt
edness as and when due and in the man
ner provided in the Note and Security
Deed. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorney's fees (notice of
intent to collect attorney's fees having
been given).
Said property will be sold subject to
any outstanding ad valorem taxes (includ
ing 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions,covenants,and matters
of record superior to the Security Deed
first set out above.
To the best knowledge and belief of
the undersigned, the party in possession
of the property is Carl F. Deitrich or a ten
ant or tenants and said property is more
commonly known as 105 Stewart Drive,
Warner Robins, GA 31093.
Regions Mortgage, Inc. f/k/a Real
Estate Financing, Inc.
as Attorney in Fact for
Carl F. Deitrich
S. H. McCalla
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
56 Perimeter Center East, N.E., Fifth
Floor
Atlanta, Georgia 30346
(770)-729-8875
SHM/gjb 9/ 2/97
Our file no. 55691/97-1-17481
The law firm is acting as a debt col
lector attempting to collect a debt. Any
information obtained will be used for that
purpose.
8-7 8/6-8/27
Notice of Sale Under Power
Under and by virtue of the Power of
Sale contained in a Security Deed given
by Ronald E. Thompson to Georgia
Federal Bank, FSB, dated June
19,1990,recorded in Deed Book 884,
Page 364, Houston County, Georgia
Records,conveying the after-described
property to secure a Note in the original
principal amount of Eighty Six Thousand
Two Hundred & No/100 Dollars
($86,200.00),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 Houston
County, Georgia,within the legal hours of
sale on the, first Tuesdcy in
September, 1997, the following described
property:
All mat tract or parcel of land situate,
lying and being in Land Lot 196 of the
Tenth (10th) Land District of Houston
County, Georgia, known and designated
as Lot 1, Block "E", Section No. 1, Phase
No. 1 ,of a subdivision known as
Peachtree Estates, according to a plat of
survey of said subdivision prepared by
Scarborough Land Surveys, Surveyor,
dated January 13, 1988, a copy of w nich
said plat and the recorded copy thereof
are hereby made a part of this description
by reference thereto for all purposes. The
above described property is conveyed
subject to Restrictive Covenants of record
in Deed Book 808, Page 82, Clerk's
Office, Houston Superior Court.
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 indebt
edness as and when due and in the man
ner provided in the Note and Security
Deed. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorney's fees (notice of
intent to collect attorney's fees having
been given).
Said property will be sold subject to
any outstanding ad valorem taxes (includ
ing 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions,covenants,and matters
of record superior to the Security Deed
first set out above.
To the best knowledge and belief of
the undersigned, the party in possession
of the property is Ronald E. Thompson or
a tenant or tenants and said property is
more commonly known as 110 Peachtree
Blvd., Bonaire, GA 31005.
First Union National Bank f/k/a First
Union National Bank of North Carolina
s/b/m First Union National Bank of
Georgia s/b/m Georgia Federal Bank,
FSB as Attorney in Fact for Ronald E.
Thompson
S. H. McCalla McCalla, Raymer,
Padrick, Cobb, Nichols & Clark, LLC A
Limited Liability Company
56 Perimeter Center East, N.E., Fifth
Floor
Atlanta, Georgia 30346
|770)-729-8875
SHM/rac 9/ 2/97 Our file no.
51833/97-2-9093
The law firm is acting as a debt col
lector attempting to collect a debt. Any
information obtained will be used for that
purpose.
8-8 8/6-8/27
Notice of Sale Under Power
Georgia, Houston County
Under and by virtue of the Power of
Sale contained in a Security Deed given
by Teressa K. Ott to Liberty Mortgage
Corporation, dated October 25, 1995,
recorded in Deed Book
1177,PagelO,Houston County,Georgia
Records,conveying the after-described
property to secure a Note In the original
principal amount of thirty Eight Thousand
Two Hundred Eighty Four & No/100
Dollars ($38,284.00), with interest there
on as set forth therein, there will be sold at
public outcry to the highest bidder for
cash before the courthouse door of
Houston County ,Georgia, within the legal
hours of sale on the first Tuesday in
September, 1997,the following described
property: All that tract or parcel of land sit
uate lying and being in Land Lot 202 of
the Fifth Land District of Houston County,
Georgia being known and designated as
Lot 8, Block "J", Extension No. 1,
Northview Subdivision, according to a
survey prepared by Rhodes Sewallj dated
July 16, 1954 ana recorded in Plat Book
3, Page 174, Clerk's Office, Houston
Superior Court. Said plat and the record
ed copy thereof are incorporated herein
by reference thereto for all purposes.
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 indebt
edness as and when due and in the man
ner provided in the Note and Security
Deed. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Security Deed and by
law,including attorney's fees (notice of
intent to collect attorney's fees having
been given).
Said property will be sold subject to
any outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet due
and payable), any matters which might be
disclosed by an accurate survey and
inspection of theproperty, any assess
ments, liens, encumbrances, zoning ordi
nances, restrictions,covenants,and matters
of record superior to the Security Deed
first set out above.
To the best knowledge and belief of
the undersigned, the party in possession
of the property is Teressa K. Ott or a ten
ant or tenants and said property is more
commonly known as 225 Crescent Drive,
Warner Robins, GA 31093.
Liberty Mortgage Corporation
as Attorney in Fact for
Teressa K. Ott
S. H. McCalia
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
56 Perimeter Center East N.E., Fifth Floor
Atlanta, Georgia 30346
(770)-729-8875
SHM/dya 9/ 2/97
Our file no. 56110/974-17666
The law firm is acting as a debt col
lector attempting to collect a debt. Any
information obtained will be used for that
purpose.
8-9 8/6-8/27
Notice of Sale under Power
Georgia, Houston County
Under and by virtue of the Power of
Sale contained in the following described
instrument (hereinafter referred to as the
“Security Deed"):
Security Deed from Leneir B. Webb
and Elizabeth E. Webb to Southern
Federal Savings and Loan Association of
Georgia d/b/a Prime Lending, dated
August 26, 1991, filed for record on
August 29, 1991, and recorded in Deed
Book 929, Page 479, Houston County
Records, as last transferred to Allied
Group Mortgage Company by assign
ment recorded in Deed Book 1041, Page
580, conveying the after-describea prop
erty to secure a Note in the original prin
cipal amount of One Hundred Five
Thousand Three Hundred Thirty Eight &
No/100 Dollars ($105,338.00), 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 Houston County, Georgia, within
the legal hours of sale on the first Tuesday
in September, 1997, the following
described property:
All that tract or parcel of land situate,
lying and being in Land Lot 226 of the
Tenth Land District of Houston County,
Georgia, known and designated as Lot
12, Block "C", Section No. 4, Phase No.
4, Beaver Glen Subdivision, according to
a plat of survey of said subdivision pre
pared by Broxton & Associates, dated
September 19, 1983, a copy of which is
of record in Plat Book 27, Page 274,
Clerk's Office, Houston Superior Court.
Said plat and the recorded copy thereof
Wednesday, Aug. 6,1997
are hereby made a part of this description
by reference thereto.
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other possible
events of default, failure to pay the indebt
edness as and when due ana in the man
ner provided in the Note and Security
Deea. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorney's fees (notice of
intent to collect attorney's fees having
been given).
Said property will be sold subject to
any outstanding ad valorem taxes (includ
ing 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions, covenants, and mat
ters of record superior to the Security
Deed first set out above.
To the best knowledge and belief of
the undersigned, the party in possession
of the property is Lenier B. Webb and
Elizabeth E. Webb or a tenant or tenants
and said property is more commonly
known as 117 5. Beaver Run Drive,
Warner Robins, GA 31093.
Allied Group Mortgage Company
Attorney in Fact for
Lenier B. Webb and Elizabeth E. Webb
S.H. McCalla
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
A Limited Liability Company
56 Perimeter Center East, N.E., Fifth
Floor
Atlanta, Georgia 30346
(770)-729 8875
SHM/eag 9/ 2/97
our file no. j 51194-8383
The law firm is acting as a debt col
lector attempting to collect a debt. Any
information obtained will be used for that
purpose.
8-10 8/7-8/26
Notice Of Sale Under Power
Georgia, Houston County
Under and by virtue of fh9 Power of
Sale contained in a Security Deed given
by Cynthia Statham to Liberty Mortgage
Corporation, dated August 14, 1996,
recorded in Deed Book 1232, Page 530,
Houston County, Georgia Records, con
veying the after-described property to
secure a Note in the original principal
amount of One Hundred Seven Thousand
Nine Hundred & No/100 Dollars
($107,900.00),with interest thereon as
set forth therein, there will be sold at pub
lic outcry to the highest bidder for cash
before the courthouse door of Houston
County, Georgia,within the legal hours of
sale on the first Tuesday in
September, 1997,the following described
property: All that tract or parcel of land sit
uate, lying and being in Land Lot 256 of
the Tenth (10th) Lana District of Houston
County, Georgia, being known and des
ignated as Lot 1, Block "F", Section 1,
Phase 4, of a Subdivision known as Cross
Creek, according to a plat of survey of
said subdivision prepared by Walter G.
Clements, Surveyor, dated March 18,
1994, a copy of which is of record in Plat
Book 45, Page 194, Clerk's Office,
Houston Superior Court. Saifj plat and the
recorded co pythfeTefif 'a ft" hi re by made a
part of this description to reference there
to for all purposes.
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 indebt
edness as and when due and in the man
ner provided in the Note and Security
Deed. The debt remaining in default, this
sale will be made for the purpose of pay
ing the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorney's fees (notice of
intent to collect attorney's fees having
been given).
Said property will be sold subject to
any outstanding ad valorem taxes (includ
ing 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions, covenants, and mat
ters of record superior to the Security
Deed first set out above.
To the best knowledge and belief of
the undersigned, the party in possession
of the property is Cynthia Statham or a
tenant or tenants and said property is
more commonly known as 209 Cross
Creek Way, Warner Robins, GA 31088.
Liberty Mortgage Corporation
as Attorney in Fact for
Cynthia Statham
S. H. McCalla
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
A Limited Liability Company
56 Perimeter Center East, N.E., Fifth
Floor
Atlanta, Georgia 30346
(770)-729-8875
SHM/cao 9/ 2/97
Cur file no. 56204/974-17781
The law firm is acting as a debt col
lector attempting to collects debt. Any
information obtained will re used for that
purpose.
8-11 8/6-8/27
Notice of Sale under Power
Georgia, Houston County
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Terence Lane to
National Mortgage Investments Cos., Inc.,
dated the 17th day of May, 1993, and
recorded in Deed Book 1025, Page 63,
Houston County, Georgia Records, ana
lastly assigned to Source One Mortgage
Services Corporation by assignment
recorded in Deed Book 1083, Page 95,
Houston County, Georgia Records, the
undersigned, Source One Mortgage
Services Corporation, pursuant to said
deed and the note thereby secured, has
declared the entire amount of said indebt
edness due and payable and pursuant to
the power of sale contained in said deed,
will on the first Tuesday in September,
1997, during the legal hours of sale, at
the Courthouse door in Houston County,
sell at public outcry to the highest bidder
for cash, the property described in said
deed fo-wit:
All that tract or parcel of land situate,
lying and being in Land Lot 120 of the
Tenth Land District of Houston County,
Georgia, being known and designated as
Lot 10, Block "A", Lake Joy Village,
Section 1, Phase 2, according to a plat of
survey prepared by Richard L. Jones,
Registered Land Surveyor No. 1591, said
plat of survey dated December 12, 1990,
and recorded in Plat Book 40, Page 9,
Clerk's Office, Houston Superior Court.
Said plat of survey and the recorded copy
thereof are hereby made a part of this
description by reference thereto for all pur-
Page 5B
poses, which has the property address of
119 Village Boulevard, Perry, GA togeth
er with all fixtures and other personal
property conveyed by said deed. The sale
will be held subject to any unpaid taxes,
assessments, rights-of-way, easements,
protective covenants or restrictions, liens,
and other superior matters of record
which may affect said property.
Notice has been given of intention to
collect attorneys' fees in accordance with
the terms of the note secured by said
deed.
Said property will be sold as the prop
erty of Terence Lane and the proceeds of
said sale will be applied to the payment of
said indebtedness, the expense of said
sale, all as provided in said deed, and the
undersigned will execute a deed to the
purchaser as provided in the aforemen
tioned Security Deed.
Source One Mortgage Services
Corporation, Attorney in Fact for
, Terence Lane
McCurdy & Candler, L.L.C.
By: Anthony DeMarlo, Attorney
(404) 370-/230
8-12 8/6-8/27
Notice of Sal* under Power
Georgia, Houston County
By virtue of a Power of Sale contained
in that certain Security Deed from Mark C.
Brown and Sharon M. Brown to National
Mortgage Investments Cos., Inc., dated
October 11, 1993, recorded in Deed
Book 1052, Page 237, Houston County,
Georgia records, said Security Deed hav
ing been given to secure a Note of even
date in the original principal amount of
One Hundred Sixty Three Thousand Three
Hundred Fifty and no/100 dollars ($
163,350.00) with interest thereon as pro
vided for therein, Security Deed having
been last sold, assigned and transferred
to Federal Home Loan Mortgage
Corporation, there will be sold at public
outcry to the highest bidder for cash
before the courthouse door of Houston
County, Georgia, within the legal hours of
sale on the first Tuesday in September,
1997 the following described property:
All that tract or parcel of land situate,
lying and being in Land Lot 36 of the
Ninth Land District of Houston County,
Georgia, known and designated as Lot
14 in Block "A" of Kings Crest
Subdivision, comprising 1.167 acres, as
more particularly shown on a plat of sur
vey prepared by Richard L. Jones,
Registered Land Surveyor No. 1591, said
plat dated August 9, 1985, a copy of said
plat being of record in Map Book 29,
Page 159, Clerk's Office, Houston
Superior Court Said plat and the record
ed copy thereof are hereby made a part
of this description by reference thereto.
The within property is conveyed subject to
Protective Covenants of record in Deed
book 698, Pages 8-18, Clerk's Office,
Houston Superior Court.
Said property is commonly known as
105 Julie Circle Perry, Georgia 31069
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,
including but not limited to the nonpay
ment of the indebtedness as and when
due. The indebtedness remaining in
default, this sale will be made for the pur
pose of paying (he same, all expenses of
the safe, including attorney's fees, and all
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 ordi
nances, matters which would be disclosed
by an accurate survey or by an inspection
of the property; any outstanding taxes,
including but not limited to ad valorem
taxes, which constitute liens upon said
property; special assessments; all out
standing bills for public utilities which con
stitute liens upon said property; all restric
tive covenants, easements, rights-of-way
and any other matters of record superior
to said Security Deed. To the best of the
knowledge and belief of the undersigned,
the party in possession of the property is
Mark C. Brown and Sharon M. Brown or
tenant(s).
Federal Home Loan Mortgage
Corporation as Attorney in Fact for
Mark C. Brown and Sharon M.
Brown
Deborah Y. Chandler
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 339 974710
This law firm is attempting to collect a
debt. Any information obtained will be
used for that purpose
8-13 8/6-8/27
Notice of Sale Under Power
Georgia, Houston County
By virtue of a Power of Sale contained
in that certain Security Deed from Dustie L
Woodcock to National Mortgage
Investments Cos., Inc., dated March 11,
1994, recorded in Deed Book 1086,
Page 282, Houston County, Georgia
records, said Security Deed having been
given to secure a Note of even date in the
original principal amount of Forty Four
Thousand Five Hundred Fifty and no/100
dollars ($44,550.00) with interest thereon
as provided for therein, Security Deed
having been last sold, assigned and trans
ferrea to Federal Home Loan Mortgage
Corporation, there will be sold at public
outcry to the highest bidder for cash,
before the courthouse door' of Houston
County, Georgia, within the legal hours of
sale on the First Tuesday in September,
1997 the following described property:
All that tract or parcel of land situate,
lying and being in Land Lot 162 of the
Fifth (sth) Land District of Houston County,
Georgia, being known and designated as
Lot 3, Block "F", Villa North Subdivision,
according to a plat of survey of record in
Plat Book 42, page 35, Clerk's Office,
Houston Superior Court. Said plat and the
record thereof are incorporated herein by
reference for all purposes. The above
described property is subject to Restrictive
Covenants of record in Deed Book 625,
pages 787-792, Clerk's Office, Houston
Superior Court. Said property is common
ly known as 120 Villa North Court
Warner Robins, GA 31093
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,
including but not limited to the nonpay
ment of the indebtedness as and when
due. The indebtedness remaining in
default, this sale will be made for the pur
pose of paying the same, all expenses of
the sale, including attorney's fees, and all
other payments provided for under the
terms of tne Security Deed and Note.
Said property will be sold subject to
the following items which may affect the
title to said property: all zoning ordi
nances; matters which would be disclosed
Houston TlmesJournal
by on accurate survey or by an inspection
of the property; any outstanding taxes,
including but not limited to ad valorem
taxes, which constitute liens upon said
property; special assessments; all out
standing bills for public utilities which con
stitute liens upon said property; all restric
tive covenants, easements, rights-of-way
and any other matters or record superior
to said Security Deed. To the best of the
knowledge and belief of the undersigned,
the party in possession of the property is
Dustie L Woodcock or tenant(s).
Federal Home Loan Mortgage
Corporation
as Attorney in Fact for
Dustie L. Woodcock
Deborah Y. Chandler •
Morris, Schneider & Prior, L.L.C.
3300 N.E. Expressway, Suite 8B
Atlanta, Georgia 30341
(770) 234-9181
MSP File No. 339.974709
This law firm is attempting to collect a
debt. Any information obtained will be
used for that purpose.
8-14 8/6-8/27
Notice of Sale Under Power
State of Georgia
County of Houston
Under and by virtue of the power of
sale contained in that certain Construction
Loan Deed to Secure Debt, Assignment of
Rents and Security Agreement ("Security
Deed") from The Bison Group, Inc., an
Arkansas corporation ("Grantor") to and
in favor of Zions First National Bank, a
national banking association ("Grantee")
dated February 28, 1997, recorded in
Deed Book 1267, page 31, Houston
County, Georgia Records; the Security
Deed having been given to secure that
certain Promissory Note of even date
therewith made by Grantor to the order of
Grantee (the "Note") in the original prin
cipal sum of One Million Five Hundred
Thousand and No/100 ($1,500,000.00)
Dollars, together with interest from the
date thereof at the rate specified therein;
there will be sold at public outcry by
Grantee, as attorney-in-fact of Grantor, to
the highest bidder for cash between the
legal hours for sale before the Courthouse
door in Houston County, Georgia, on the
first Tuesday in September, 1997, the fol
lowing described property (hereinafter
collectively the "Premises"):
All that tract or parcel of land lying
and being in Houston County, Georgia
being more particularly described on
Exhibit "A" attached hereto and incorpo
rated herein by reference (the "Property").
Exhibit A
Real Property Description
The real property located in Houston
County, State of Georgia, and more par
ticularly described as follows:
All that tract or parcel of land situate,
lying and being in Land Lots 79 and 80,
of the Tenth Land District of Houston
County, Georgia, and in the City of Perry,
comprising 4.210 acres, as is more par
ticularly shown on a plat of survey for The
Bison Group, Inc. prepared by Lee R.
Jones, Surveyor, on December 31,1996,
a copy of said plat being of record in Plat
Book 50, page 70, Clerk's Office,
Houston Superior Court. Said plat and the
recorded copy thereof are hereby made a
part of this description by reference there
to.
Together with all property described
on Exhibit "B" attached hereto and incor
porated herein by reference.
Exhibit "B" (il Buildings. Improvements
and Interests. All right, title, interest and
estate of Grahtor, now owned or hereafter
acquired, in and to: (a) All buildings,
improvements, works, structures, facilities
and fixtures, including any future addi
tions to, and improvements and better
ments now or hereafter constructed upon,
and all renewals and replacements of,
any of the foregoing, which are now or
hereafter shall be constructed or affixed or
constructively affixed to the Property, or to
any portion of the Property (the
"Improvements"); (bl All easements, licens
es, streets, ways, alleys, roads, passages,
rights-of-way, minerals, oil, gas and other
hydrocarbon substances, development
rights, air rights, water, water courses,
water rights, and water stock (whether
now owned or hereafter acquired by
Grantor and whether arising by virtue of
land ownership, contract or otherwise), of
any kind and nature, relating to or in any
way appurtenant or appertaining to the
Property or any portion of the Property.
(ii) Tenements, Hereditaments. All
right, title, interest and estate of Grantor,
now owned or hereafter acquired, in and
to all of the tenements, hereditaments,
rights, privileges, and appurtenances
belonging, relating, or in any way apper
taining to any of the Property or the
Improvements, or any portion of the
Property or the Improvements, or which
shall hereafter in any way belong, relate,
or in any way appertain thereto, whether
now owned or hereafter acquired, and
the reversion and reversions, remainder
and remainders, and estates, rights, titles,
interests, possessions, claims, and
demands of every nature whatsoever, at
law or in equity, which Grantor may have
or may hereafter acquire in and to the
Property, the Improvements, or any por
tion thereof.
(iii) Leases, Rents, Issues. Etc. All right,
title, interest and estate of Grantor, now
owned or hereafter acquired, in and to all
leases and subleases of all or any portion
of the Property or the Improvements now
or hereafter existing or entered into, and
all lease agreements and documents evi
dencing the same; and all right, title and
interest of Grantor thereunder, including
all accounts as defined in the Uniform
Commercial Code, and including without,
limitation, all rents, subrents, all room
rents and other amounts received for use
of any rooms in the Project and any and
all room rental agreements and arrange
ments now owned or hereafter acquired,
and all proceeds from such room rents,
issues, royalties, security deposits, income
and profits of and from the Property, the
Improvements, or any portion thereof
(iv) Tangible Personal Property. All
right, title, interest, and estate or Grantor,
now owned or hereafter acquired, in and
to, and all proceeds from: (a) All goods,
inventory, specifically including, without
limitation, materials, furnishings and sup
plies, whether stored on or off the
Property, delivered to the Property for
incorporation or use in any construction,
renovation, operation or maintenance of
the Property or Improvements, supplies,
furnishings, construction materials, equip
ment, machinery, appliances, including
attached and unattached appliances, and
other tangible personal property and fix
tures located in or upon the Property or
the Improvements and used or useable in
connection therewith, or to be used in the
construction, reconstruction, remodeling,
or repair of any of the Improvements now
or hereafter located upon the Property; (b)
All furniture, fixtures and equipment as
equipment is defined in the Uniform
Commercial Code, wherever located, and
all related right, title and interest of
Trustor, now owned or hereafter acquired
or created, all proceeds and products of
the foregoing and all additions and acces
sions to, replacements of, insurance or
condemnation proceeds of, and docu
ments covering any of the foregoing, all
leases of any of me foregoing, and all
rents, revenues, issues, profits and pro
ceeds arising from the sale, lease, license,
encumbrance, collection, oi any other
temporary or permanent disposition of
any of the foregoing or any interest there
in, (c) All architectural, development, con
struction and construction cost guarantee
contracts or bonds entered into in connec
tion with the improvement of the Properly,
all plans and specifications, building or
use permits, Subdivision Plats and any
related subdivision development require
ments and specifications prepared by the
Engineer thereunder, relating to the con
struction, development, ownership or
maintenance of the Property or the
Improvements; (and) All engineering reports,
surveys, soil reports ana other documents
relating to the Properly; (e) All modifica
tions, parts, accessories, and accessions
to each and all of the foregoing and all
renewals and replacements thereof; and
(f) All proceeds of each of the foregoing;
(v) Permits, Names. Rights! Etc. All
right, title interest and estate of Grantor,
now owned or hereafter acquired, in and
to: (a) All contracts, permits, franchises,
privileges, grants, consents, licenses,
authorizations, and approvals heretofore
or hereafter granted by the United States,
by the State of Georgia or by any depart
ments or agencies thereof or any other
governmental or public bodies, agencies
or authorities, to or for the benefit of
Grantor and utilized in connection with
the Property and the Improvements there
on or to be constructed thereon, to the
extent the same are transferable and sub
ject to all terms, covenants and conditions
thereof and to applicable law; (b) All
names under or by which the Property or
any of the Improvements may at any time
be operated or known, ana all rights to
carry on business under any such names
or any variant thereof, and all trademarks
and goodwill in any way relating to
Grantor's ownership and operation or the
Property; (c) All contracts, contract rights,
rights to payment, general intangibles,
documents, instruments, accounts, water
stock arising in connection with Grantor's
ownership, general intangibles, legal or
equitable claims, judgments, and awards
now or hereafter accruing to the benefit of
Grantor by reason of Grantor's ownership
or use of the Property and Improvements,
specifically including, without limitation,
all architectural, development and con
struction contracts, and all construction
cost guarantee contracts relating to the
Property or the Improvements; (and) All
shares of stock, partnership interests, or
other evidence of ownership of any part
of the Property or the Improvements that is
owned by Grantor in common with others;
(e) All documents and rights of member
ship in any owners' or members' associa
tion or similar group having responsibility
for managing or operating any part of the
Property; and (f) All amendments, modifi
cations, additions, accessions, substitu
tions, replacements and renewals to any
of the foregoing and all proceeds of the
foregoing, whether voluntary or involun
tary, including without limitation, insur
ance proceeds.
(vi) Awards. All right, title, interest and
estate of Grantor, now owned or hereafter
acquired, in and to: (a) All awards
made for the taking by eminent domain or
by any proceeding
or purchase in lieu thereof of the
Property or any portion of the Property,
the Improvements or
any portion of the Improvements, or of
any other Improvements now or hereafter
situate thereon
or any estate or easement in the
Property (including any awards for
change of grade of streets);
(b) All insurance policies and all pro
ceeds of insurance paid on account of any
partial or total destruction of the
Improvements or any portion thereof; (c)
All causes of action and recoveries for
any loss or diminution in the value of the
Property or the Improvements; and (and) All
proceeds of each of the foregoing
(vii) Plans and Utility Taps. All right,
title, interest and estate of grantor, now
owned or hereafter acquired, in and to:
All Plans and any and all replacements,
modifications, and amendments thereto
and any and all contracts, agreements or
commitments between Grantor and any
utility company, water company, or user
association, or telephone company, to fur
nish electricity, nature gas or oil, tele
phone, sewer, water or other such ser
vices, or to provide hookups, connections,
lines or other necessary taps to the
Property and the Improvements thereon.
(viii) Loan Proceeds All right, title,
interest and estate of Grantor, now owned
or hereafter acquired, in and to all pro
ceeds of the Loan made by Grantee to
Grantor for construction of the
Improvements which proceeds are held by
Grantee, whether or not disbursed, ana
all reserves, deferred payments, deposits,
refunds, cost savings, and payments of
any kind relating to the construction of the
Improvements to secure any and all of
Grantor's obligations to Grantee.
(ix) Contracts. All right, title, interest
and estate of Grantor, now owned or
hereafter acquired, under any other con
tract, subcontract or agreement, for the
construction and completion of the
Improvements and all contracts and
agreements which have been or shall
hereinafter be entered into relating to the
construction, development, sale, lease or
use of all or a portion of the Property or
the Improvements, and all governmental
licenses or permits obtained tor the lawful
construction of the Improvements.
(x) General Intangibles. All general
intangibles of Grantor, presently existing
or hereafter arising, including general
intangibles as defined in the Uniform
Commercial Code, choses in action, pro
ceeds, contracts, distributions, dividends,
refunds, security deposits, judgments,
insurance claims, any right to payment of
any nature, intellectual property rights or
licenses, any other rights or assets of
Grantor customarily or for accounting pur
poses classified as general intangibles,
and all documentation and supporting
information related to any of the forego
ing, all rents, profits ana issues thereof,
and all proceeds thereof.
(xi) Proceeds. All rents and proceeds
of all of the foregoing property and all
additions and accessions to all of the fore
going property.
On account of default under the terms
contained in the Note and the Security
Deed, the entire principal amount of the
indebtedness evidencea by the Note, plus
all accrued interest, late charges and
other amounts which are or may be due
(Please see page 6B)