Newspaper Page Text
Public Notices
of survey prepared by Story Surveying
Co., dated March 2,1976, of record 1-
n Plat Book 20, Page 42, Clerk's
Office, Houston Superior Court. Said
plat and the recorded copy thereof are
incorporated herein for all purposes;
together with a 1978 24 x 60 Fleet
wood Doublewide mobile home, serial
number GAFL2AB44OS-1720 and
GAFA2BS44OS-1720, which has been
permanently affixed to the property.
The Debt secured by said Security
Deed has been and is hereby
declared due because of nonpayment
of the indebtedness when due and in
the manner provided in the Note and
Security Deed. The debt remaining in
default, the sale will be made for the
purpose of paying the same and all
expenses of sale, as provided in the
Security Deed and by law, including
attorney's fees, notice of intent to col
lect attorney's fees having been given.
Said property will be sold subject
to any outstanding ad valorem
taxes,any assessments, liens, encum
brances, zoning ordinances, .restric
tions, 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 pos
session of the property is Barbara W.
Forbes or, a tenant or tenants, and
said property was or is commonly
known as 213 Wakefield, Dr., Center
ville, Ga., 31005.
FT Mortgage Companies d. b. a.
Equißanc
Mortgage Corporation
As Attorney in Fact for
Barbara W. Forbes
Matt Naughton
Attorney for Grantee
Post office Box 600
Clarkston. Georgia 30021
(404) 294-4040
This law firm is acting as a debt
collector, attempting to collect a debt
Any information obtained will be used
for that purpose.
11-35 11/10-12/1
State of Georgia
County of Houston
Notice of Sale Under Power
Under and by virtue of the power of
sale contained in a certain Deed to
Secure Debt from Eric Sandborn,
Grantor, to Bradford Partners, a Geor
gia General Partnership Grantee,
dated April 19, 1999 and recorded in
Deed Book 1447, Pages 512-514,
Clerk's Office, Houston Superior
Court, conveying the after described
property to secure a Note dated the
19th day of April, 1999, in the original
principal amount of Fifteen Thousand
and 001/00 ($15000.00) Dollars, with
interest thereon as set forth therein,
there will be sold by the undersigned
at public outcry, during the legal hours
of sale before the Courthouse of
Houston County, Georgia on the first
Tuesday in December, 1999, to-wit:
the 7th day of December, 1999, to the
highest and best bidder for cash, the
following described property:
All that tract or parcel of land situ
ate, lying and being in land lot 59 of
the sth Land District of Houston Coun
ty, Georgia, being known and desig
nated as Lot 5, Block ‘J", Section No.
5, Phase No. 2, Bradford Subdivision,
according to a plat of survey of record
in Plat Book 53, Page 64, Clerk's
Office, Houston Superior Court. Said
plat and the recorded copy thereof are
hereby made a part of this description
by reference thereto for all purposes
Said property being the premises
upon which is situated a dwelling
known as: 247 Bayberry Drive, Byron,
Georgia 31008.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due and payable in full
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. Notice has
been given to enforce provisions for
collection of attorney’s fees and fore
closure in accordance with the legal
requirements and the terms of the
Deed to Secure Debt and Note. The
indebtedness remaining in default, the
sale will be made for the purpose of
applying proceeds thereof to the pay
ment of the indebtedness secured by
the Deed to Secure Debt, accrued
interest and expenses of the sale and
other sums secured by the Deed to
Secure Debt, including the attorney’s
fees, and the remainder, if any, shall
be applied as provided by law.
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 accu
rate survey and inspection of the prop
erty, any assessments, liens, encum
brances, zoning ordinances, restric
tions, covenants, and matters of
record superior to the Security Deed
first set out above.
To the best of the undersigned’s
knowledge and belief, the property is
in the possession of Eric Sandborn
and said property will also be sold as
the property of Eric Sandborn.
Bradford Partners, a Georgia
General Partnership,
as attorney-in-fact for
Eric Sandborn
Harrington & Peacock, P.C.
D. Lee Peacock
Attorney at Law
P.O. Box 7809
Warner Robins, Ga., 31095
( (912) 929-2966
The law firm is acting as a debt col
lector attempting to collect a debt. Any
information obtained will be used for
that purpose.
11-37 11/10-12/1
Notice of Sale Under Power
WHEREAS, on October 19, 1992,
for value received, David A. Raynor
executed and delivered to the United
States of America, acting through the
United States Department of Agricul
ture, a Deed to Secure Debt convey
ing certain real estate located in
Houston County, Georgia, and said
Seed to Secure Debt was recorded in
e office of the Clerk of the Superior
Court for Houston County, Georgia, in
Book # 989, Page# 414-417; and
WHEREAS, the United States of
America now holds the above
described security deed covering the
said real estate; and
WHEREAS, the Deed to Secure
Debt held by the United States of
America provides that should default
occur, the holder may declare the
entire indebtedness secured by the
Deed to Secure Debt due and payable
and, in compliance with the power of
sale provisions contained in said
security deed proceed to sell the prop
erty at public outcry; and
WHEREAS,after default the United
States of America has declared all of
the indebtedness secured by the
Deed to Secure Debt due and payable
and hereby certifies that it has com
plied with all of its loan servicing regu
lations;
NOW THEREFORE, the said Unit
ed States of America, acting as afore
said, under and in compliance with the
power of sale provision contained in
the Deed to Secure Debt, will proceed
to sell at public outcry, for cash or cer
tified funds to the highest bidder in
front of the Courthouse in Houston
County, during the legal hours of sale,
on the 7th day of December 1999, the
following-described property con
veyed in the Deed to Secure Debt, to
Wit:
All that tract or parcel of land situ
ate, lying and being in Land Lot 120 of
the Tenth Land District of Houston
County, Georgia, and being more par
ticularly described as Lot 8, Block “D",
North Lake Joy Estates Subdivision,
Section 2, Phase 3, as is more partic
ularly shown on a plat of survey pre
pared by Richard L. Jones, Georgia
Registered Land Surveyor, dated
October 29, 1991, a copy of said plat
being of record in Plat Book 41, page
109, 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. Said property is more particularly
described as follows:
STARTING at a point where the
easterly right of way line of Courtney
Lane intersects with the northerly right
of wav line of Village Boulevard and
running thence, north 00 degrees 20
minutes 23 seconds east along the
easterly right of way line of Courtney
Lane a distance of 715 feet to an iron
pin placed, said point being the point
of beginning; continuing thence north
00 degrees 20 minutes 23 seconds
east a distance of 100 feet to a iron
pin placed; running thence south 89
degrees 39 minutes 37 seconds east
a distance of 154.21 feet to an iron pin
placed; running thence south 00
degrees 26 minutes 27 seconds east
a distance of 100.01 feet to an iron pin
placed; running thence north 89
degrees 39 minutes 37 seconds west
a distance of 155.57 feet to the POINT
OF BEGINNING
The above described property will
be sold subject to any and all out
standing real estate taxes that are due
and payable.
The failure of any high bidder to
pay the purchase price and close the
sale shall, at the option of the United
States of America, be cause for rejec
tion of the bid, and, If the bid is reject-,
ed, the United’States of America shaft’
have the option of making the sale to
the next highest bidder who is ready,
willing and able to comply with the
terms thereof. The proceeds of said
sale will first be applied to the pay
ment of the indebtedness to the Unit
ed States of America, other charges,
and the expenses of sale, as provided
in the above-described Deed to
Secure Debt.
This the 13th day of October 1999.
United States of America
By Laura J. Meadows, State
Director
Rural Development, successor in
interest to the Farmers Home Admin
istration and Rural Economic and
Community Development, U.S.
Department of Agriculture
11-38 11/10-12/1
Notice of Sale Under Power
Georgia, Houston County
Because of default in the payment
of the indebtedness, secured by a
Security Deed executed by Frederick
Lionel Grisson and Wendy Howard to
Group Financial Southeast, dated the
27th day of July, 1998, and recorded
in Deed Book 1375, Page 128, Hous
ton County, Georgia Records; and
lastly assigned to United Companies
Lending Corporation by assignment
recorded in Houston County, Georgia
Records; the .undersigned, United
Companies Lending Corporation, pur
suant to said deed and the note there
by 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 December, 1999,
during the legal hours of sale, at the
Courthouse door in Houston County,
sell at public outcry to the highest bid
der for cash, the property described in
said deed to-wit:
All that tract or parcel of land situ
ate, Lying and being in Land Lot 87, of
the Fifth Land District, Houston Coun
ty, Georgia, known and designated as
Lot 6 containing 0.862 acres, The
Plantation at Willow Lake Subdivision,
according to a plat of record in Plat
Book 48, Page 8-9, Houston County
Records. Said Lot has such location,
size, metes, bounds and dimensions
as shown on said plat which by refer
ence thereto is made a part hereof in
aid of a more complete and accurate
description. Deed reference: Deed
Book 1322, Page 138, Houston Coun
ty Records; which has the property
address of 3 Leyland Place, Warner
Robins, Georgia; together with all fix
tures and other personal properly
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 superi
or matters of record which may affect
said property.
Notice has been given of intention
to collect attorneys' fees in accor
dance with the terms of the note
secured by said deed.
Said property will be sold as the
property of Frederick Lionel Grisson
and Wendy Howard and the proceeds
of said sale will be applied to the pay
ment 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 aforementioned Secu
rity Deed.
United Companies Lending Cor
poration,
Attorney in Fact for
Frederick Lionel Grisson and
Wendy Howard
McCurdy & Candler, L.L.C.
Anthony DeMarlo, Attorney
(404) 370-7230
This law firm is acting as a debt
collector and is attempting to collect a
debt. Any information obtained will be
used for that purpose.
11-39 11/10-12/1
Foreclosure Notice
State of Georgia
County of Houston
By virtue of Power of sale con
tained in a deeds to secure debt from
James Hubert Rowland aka Jimmy
Hubert Rowland for himself and as
executor of the Estate of James
Hubert Rowland and Eva Nell Row
land to C B & T Bank of Middle Geor
gia dated July 19, 1990 recorded July
24,1990 in Deed Book 887 Page 500,
Houston County Records, and dated
on July 24, 1998 recorded in Deed
Book 1376 Page 8 said deeds to
secure debt being given to secure a
note executed on July 24, 1998 in the
original principal amount of One Hun
dred eighty seven Thousand Eight
hundred eighty tree Dollars and
87/100- ($187,888.87), with interest
from date as stated therein, there will
be sold to the highest bidder for cash
before the courthouse door at Hous
ton County, Georgia, within the legal
hours of sale on the first Tuesday in
December, 1999, the following
described property:
All that tract or parcel of land lying
and being in Land Lot 113 of the Fifth
Land District of Houston County.
Georgia, being the Western 130.6
Feet of the 1.35 acre tract of land con
veyed to Mr. and Mrs. H. L. Joiner by
E. D. Leverett by deed dated April 7,
1959, recorded in Deed Book 136,
Page 120 Clerk's Office, Houston
Superior Court, as corrected by Quit
Claim deed from E. D. Leverett to Mr.
and Mrs. H. L. Joiner of record in
Clerk’s Office, Houston Superior
Court. This property herein conveyed
fronts 130.6 feet of the northerly line
of Watson Boulevard, formerly known
as Centerville- Warner Robins public
road, and runs back in a northerly
direction with an even width 185 feet.
Said property is bounded on the west
and north by property formerly owned
by E. D. Leverett, on the south by Wat
son Boulevard and on the east by land
conveyed to James E Bryant by deed
dated September 30, 1968, recorded
in Deed Book 314, Page 248, Clerk’s
Office, Houston Superior.
Also
All that tract or parcel of land situ
ate, lying and being in Land Lot 115 of
the Fifth District of Houston County,
Georgia, being known and designated
as parcel “B", containing 7.311 acres,
according to a plat of survey prepared
by Terry, jyt, Scarborough, G.R.L.S.
N 0.2223, dated July 9, 1998 of record
in Plat Book 53, Page 6, Clerk’s
Office, Houston Superior Court. Said
plat and the record thereof are incor
porated herein by reference for all pur
poses.
The above described property will
be conveyed subject to all unpaid
taxes, assessments and restrictions of
record, if any.
The debt secured by said deed to
secure debt has and is hereby
declared due because of, among
other possible events of default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorney’s fees. The
best of the undersigned’s knowledge,
information and belief, the property is
in the possession of James Hubert
Rowland.
C B & T Bank of Middle Georgia
as Attorney in Fact for
James Hubert Rowland aka
Jimmy Rowland for himself and for
the Estate of James Hubert Rowland
Eva Nell Rowland
Nikitis Zoumberis Attorney at Law
723 Bernard Drive P.O Box 8097
Warner Robins. Ga. 31095
11-40 11/10-12/1
Foreclosure Notice
State of Georgia
County of Houston
By virtue of Power of Sale con
tained in a deeds to secure debt from
James Hubert Rowland aka Jimmy
Hubert Rowland to C B & T Bank of
Middle Georgia dated July 17, 1991
recorded in Deed Book 925 Page 126,
Houston County Records, to secure a
note executed on November 25, 1997
in the original principal amount of
Twenty eight thousand nine hundred
forty three Dollars and 88/100
($28,943.88), with interest from date
as stated therein, there will be sold to
the highest bidder for cash before the
courthouse door at Houston County,
Georgia, within the legal hours of sale
on the first Tuesday in December,
1999, the following described proper
ty:
All that tract or parcel of land lying
and being in Land Lot 115 of the Fifth
Land District of Houston County,
Georgia, containing 1.125 acres, as
shown on a compiled plat for James
H. Rowland by Clements Surveying
Co., Inc. dated June 18, 1991, and
recorded in Plat Book 40, Page 164,
Clerk’s Office, Houston Superior
Court. Said plat and the recorded
copy thereof are incorporated herein
by reference thereto for all purposes.
The above described property will
be conveyed subject to all unpaid
taxes, assessments and restrictions of
record, if any.
The debt secured by said deed to
secure debt has and is hereby
declared due because of, among
other possible events of default, this
sale will be made for the purpose of
paying the same and all expenses of
this sale, including attorney’s fees. The
best of the undersigned's knowledge,
information and belief, the property is
in the possession of James Hubert
Rowland.
CB&T Bank of Middle Georgia
As Attorney in Fact for
James Hubert Rowland aka
Jimmy Rowland
Nikitis Zoumberis
Wed.. Nov. 24. 1899
Attorney at Law
723 Bernard Drive
P.O. Box 8097
Warner Robins. Ga. 31095
11-41 11/10-12/1
Notice of Sale under Power
State of Georgia
County of Bibb
Under and by virtue of the Power of
Sale in a certain Deed to secure debt
from Eddie Lee Anderson Jr., Grantor
to Edwina Gunn, Grantee, dated April
10,1991, recorded in Deed Book 914,
page 568, Houston County, Georgia
Records; said Deed to Secure Debt
having been given to secure a note
dated April 10, 1991, in the original
principal amount of One Hundred
Ninety Thousand and No/100 Dollars
($190,000.00), there will be sold by
the undersigned at public outcry, dur
ing the legal hours before the door of
the Courthouse of Houston County,
Georgia, on the first Tuesday in
November, 1999, to wit, December 7,
to the highest and best bidder for
cash, the following described proper
ty:
All that tract or parcel of land situ
ate, lying and being in Land Lot 224 of
the Tenth Land District of Houston
County, Georgia, known and designat
ed as Lot 41, Block “A’, Section No. 2,
Phase No. 1, of a subdivision known
as South Oaks, according to a plat of
survey of said subdivision prepared by
John J. Braxton, Surveyor, dated June
24, 1982, a copy of which is of record
in Map Book 25, Page 100, Clerk’s
Office, Houston Superior Court. 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 Protective
Covenants as contained in instrument
of record in Deed Book 544, Pages
338-346, Clerk's Office, Houston
Superior Court; further amended by
instrument of record in Deed Book
619, Pages 367-368, Clerk’s Office,
Houston Superior Court; also subject
to an easement for drainage and utili
ty purposes over, upon and across the
rear thirty (30) feet of said property as
shown on the aforesaid recorded plat
of survey.
The debt secured by said Deed to
Secure Debt and Note has been and
is hereby declared due and payable in
full because of failure to make month
ly installments which resulted in
default pursuant to the terms of said
Deed to Secure Debt and Note. Notice
has been given of intention to enforce
provisions for collection of attorney’s
fees and foreclosure in accordance
with legal requirements and the terms
of the Deed to Secure Debt and Note.
The indebtedness remaining in
default, the sale will be made for the
purpose of applying proceeds thereof
to the payment of the indeDtedness
secured by the Deed to Secure Debt,
accrued interest and expenses of the
sale and other sums secured by the
Deed to Secure Debt including attor
ney’s fees, and the remainder if any
shall be applied as provided by law. ~
To the best of the undersigned’s
knowledge and belief the property is
in the possession of Eddie Lee Ander
son, Jr and said property will be sold
as the property of Eddie Lee Ander
son Jr. is subject to outstanding ad
valorem taxes, street improvements,
and easements or restrictions of
record and prior encumbrances, if any.
The undersigned will execute a deed
to purchaser at said sale as provided
in the Deed to Secure Debt.
David S. Hollingsworth
Smith, Hawkins, Hollingsworth &
Reeves, LLP
Attorney for Edwina Gunn
688 Walnut Street, Suite 100
PO. Box 6495
Macon, Georgia 31208
(912) 743-4436
11-42 11/10-12/1
Notice of Sale
Because of default in payment of
indebtedness secured by a deed to
secure debt by Thomas J Volk to
Regional Properties, Inc., dated
December 6,1997", and recorded in
Deed Book 1326. page 556, Clerk’s
Office, Houston Superior Court; trans
ferred and assigned to Robert Tuggle,
111, Robert T Tuggle, Jr and Michael M
Smith, the undersigned Thomas J.
Volk pursuant to the power of sale
contained in said security deed will,
on the first Tuesday in December,
1999, during the legal hours of sale, at
the courthouse door in Perry, Houston
County, Georgia, sell at public outcry
to the highest and best bidder for cash
the property described in said deed,
to-wit:
All that tract or parcel of land situ
ate, lying and being in Land Lot 14 of
the 12th Land District of Houston
County, Georgia, and being more par
ticularly known and designated as Lot
2, consisting of 15.52 acres, as shown
upon a survey made by Brent Cun
ningham, Georgia Registered Land
Surveyor, dated October 29, 1997,
entitled “Subdivision of Barrett Road
Farm", which plat is recorded in Plat
Book 51, page 184, Clerk’s Office of
Houston Superior Court, to which ref
erence is made for a more complete
and accurate description.
Less and except All that parcel of
land situate, lying and being in Land
Lot 14 of the 12t" Land District of
Houston County, Georgia and being
more particularly known and designat
ed as Lot 2-A, re subdivision of Lots 2
and 3, Barrett Road Farm Subdivision,
containing 10.000 acres as is more
particularly shown on a plat of survey
prepared by Lee R. Jones, Georgia
Registered Land Surveyor, dated
November 11, 1998, and recorded in
Plat Book 53, page 114, Clerk’s
Office, Houston Superior Court. Said
plat and the recorded copy thereof are
hereby made a part of this description
by reference thereto for all purposes.
Said property will be sold subject
to all easements, restrictions and the
outstanding ad valorem taxes and/ or
assessments, if any.
To the best of the undersigned’s
knowledge and belief, Thomas J. Volk
is in possession of the property.
A deed will be made by the under
signed to the purchaser at said sale.
The proceeds of said sale will be
applied as provided in said deed to
Page 4B
Houston Home Journal
secure debt.
Robert T. Tuggle, HI,
Robert T. Tuggle Jr. and
Michael M. Smith as Attorney
In fact for Thomas J Voik
Daniel, Lawson, Tuggle & Jeries, LLP
Post Office Box 89
Perry, Georgia 31069
11-60 11/10-12/1
Notice of Sate Under Power
In Deed to Secure Debt
Under and by virtue of the power of
sale contained in that certain Deed to
Secure Debt dated November 3,
1997, given by CR-One Partnership,
Ltd., a Texas limited partnership
(“Guarantor’), to Franchise Mortgage
Acceptance Company LLC, and
recorded in Deed Book 1316, at page
26, et seq., Houston County, Georgia
Records (said Deed to Secure Debt is
hereinafter referred to as the ‘Security
Deed"), and pursuant to the applicable
provisions of the Uniform Commercial
Code, as enacted in Georgia, includ
ing, without limitation, O.C.G.A. 11 -
9-501, the undersigned will sell at
public outcry, to the highest bidder for
cash, before the courthouse door of
the aforesaid County, within the legal
hours of sale on the first Tuesday in
December, 1999, the following
described property being located at
120 N. Houston Road, Warner Robins,
Georgia 30392 (the “Secured Proper
ty-
All of Guarantor’s right, title and
interest as tenant under a certain
lease agreement in and to the follow
ing described property:
All of the following property to the
extent leased by RENL Associates,
Ltd. to CR-One Partnership, Ltd. pur
suant to a Checkers Drive-In Restau
rant Ground Lease, dated as of June
22, 1992, as amended or modified
from time to time:
All that tract or parcel of land lying
and being in Land Lot 165 of the sth
District of Houston County, Georgia,
being improved property with one
one-story brick and steel building con
taining 48,924 square feet, one one
story brick and steel building contain
ing 10,769 square feet, asphalt paving
for 411 parking spaces located there
on, all as shown on a blueprint of sur
vey to which reference is made, pre
pared by Milton R. Lemon, Registered
Land Surveyor, dated November 30,
1970, revised January 27, 1971, last
revised February 26, 1971, and being
more particularly described as follows:
Beginning at the point of intersec
tion of the north line of the right-of-way
of Watson Boulevard (a 1 00-foot
right-of-way) with the west line of the
right-of-way of Houston Boulevard
(containing the road formerly known
as “County Road” as shown on a sur
vey prepared by Milton R. Lemon
dated September 18, 1969) and run
ning thence north 38 degrees 42 min
utes 30 seconds west along the north
line of said right-of-way of Watson
Boulevard a distance of 342.7 feet to
an iron pin set; running thence north
88. degrees 28 minutes 30 seconds
west along the north line of said right
of-way of Watson Boulevard a dis
tance of 653.55 feet to an iron pin
found; running thence north 0 degrees
06 minutes 30 seconds east a dis
tance of 411.65 feet to an iron pin set;
running thence south 89 degrees 53
minutes 30 seconds east a distance of
996 feet to an iron pin set on the west
line of said right-of-way of Houston
Boulevard; running thence south O
degrees 06 minutes 30 seconds west
along the west line of said right-of-way
of Houston Boulevard a distance of
435 feet to the iron pin at the Point of
Beginning.
Subject to the rights created in the
above described property by virtue of
a Deed of Declaration made by Hous
ton Plaza, Inc. on the first day of May,
1970, and recorded in Deed Book
345, beginning at page 249 in the
Office of the Clerk of the Superior
Court of Houston County, Georgia.
The above described property being
designated ‘Tract I” in said Deed of
Declaration.
Together with all of the rights, title
and interest created by virtue of said
Deed of Declaration in and to the
properly designated Tract II" in said
Deed of Declaration recorded in Deed
Book 345, beginning at page 249 in
said Clerk’s Office, said Tract II" being
described as follows:
All the tract or parcel of land lying
and being in Land Lot 165 of the sth
District, Houston County, Georgia,
being 23.21 acres in area, as shown
on blueprint of survey to which refer
ence is made for all purposes, pre
pared for Houston Plaza, Inc. by Mil
ton Robert Lemon. Georgia Regis
tered Land Surveyor, dated October 8,
1969, said real property being more
particularly described as follows:
Beginning at the point on the west
line of the right-of-way of a road des
ignated “County Road" on said blue
print of survey (an 80-foot right-of
way) which point is 435 feet north of
the intersection of the west line of said
40-foot right-of-way with the north line
of the right-of-way of Watson Boule
vard (a 1 00-foot right-of-way), as
measured along the west line of said
80 foot right-of-way; running thence
north 00 degrees 06 minutes 30 sec
onds east along the west line of said
80-fdbt right-of-way a distance of
1,007.7 feet to a point; running thence
north 89 degrees 31 minutes west a
distance of 1,000 feet to a point, run
ning thence south 00 degrees 06 min
utes 30 seconds west a distance of
1,014.25 feet to a point; running
thence south 89 degrees 53 minutes
30 seconds east a distance of 1,000
feet to the Point of Beginning.
Together with all of Guarantor's
right, title and interest, whether in fee
or in leasehold, in and to all buildings
and improvements now or hereafter
located on such property; all modifica
tions and extensions£nd renewals of
the lease of such property and all
credits, deposits, options, purchase
options, privileges and rights of Guar
antor under the lease of such proper
ty, including, but not limited to, the
right, if any, to renew or extend the
lease of such property for a succeed
ing term or terms or to acquire fee title
to or qther interest in all or any portion
of suchproperty or the improvements
thereon; all of the estate, right, title,
claim or demand of any nature what
soever of Guarantor, either at law or in
equity, in possession or expectancy, in
and to such property or any part
thereof; all easements, rights-of-way,
gores of land, streets, ways, alleys,
sewer rights, waters, water courses,
water rights and powers, and all
estates, rights, titles, interests, privi
leges, liberties, tenements, heridita
ments and appurtenances of any
nature whatsoever, in any way belong
ing, relating or pertaining to the
Secured Property (including, without
limitation, any and all development
rights, air rights or similar or compara
ble rights of any nature whatsoever
now or hereafter appurtenant to such
property or now or hereafter trans
ferred to such property) and all land
lying in the bed of any street, road or
avenue, opened or proposed, in front
of or adjoining such property to the
center line thereof; all machinery,
apparatus, equipment, fittings, fixtures
and other property of every kind and
nature whatsoever owned by Guaran
tor, or in which Guarantor has or shall
have an interest, now or hereafter
located upon such property, or appur
tenant thereto, or usable in connection
with the present or future operation
and occupancy of such property and
all building equipment, materials and
supplies of any nature whatsoever
- owned by Guarantor, or in which
Guarantor has or shall have an inter
est, now or hereafter located upon
such property (collectively, the “Equip
ment") and the right, title and interest
of Guarantor in and to any of the
Equipment which may be subject to
any security agreements superior in
lien to the lien of the Security Deed; all
awards or payments, including inter
est thereon, and the right to receive
the same, which may be made with
respect to the Secured Property,
whether from the exercise of the right
of eminent domain (including any
transfer made in lieu of the exercise of
said right), or for any other injury to or
decrease in the value of the Secured
Property; all leases and other agree
ments affecting the use or occupancy
of the Secured Property; all proceeds
of and any unearned premiums on
any insurance policies covering the
Secured Property, including, without
limitation, the right to receive and
apply the proceeds of any insurance,
judgments or settlements made in lieu
thereof, for damage to the Secured
Property; and all proceeds of the fore
going.
To the best of the knowledge of the
undersigned, the Secured Property is
in the possession of the Guarantor,
CR-ONE Partnership, Ltd., a Texas
limited partnership, or other persons
in possession by, through or under
Guarantor.
The undersigned may sell that por
tion of the Secured Property as may,
under the laws of the State of Geor
gia, constitute an estate or interest in
real estate (the “Mortgaged Real
Property") separately from that portion
of the Secured Property as constitutes
under the laws of the State of Georgia
personalty and not an interest in real
estate (the “Mortgaged Personal
.Property"), in which case separate
bids will be taken therefor, or collec
tively in a single sale and lot, in which
case a single bid will be taken there
for. Notice of the undersigned's intent
shall be given by announcement
made at the commencement of the
public sale.
The undersigned, at its option, may
accept a single bid for the Mortgaged
Real Property, the Mortgaged Person
al Property and certain other real and
personal property which is being
offered for sale in various counties in
the State of Georgia concurrently
herewith under certain related docu
ments securing the indebtedness
secured by the Security Deed.
The Mortgaged Real Property will
be sold on an “as is, where is’ basis
without recourse against the under
signed and without representation or
warranty of any kind or nature whatso
ever with respect thereto. The transfer
of the Mortgaged Real Property to any
purchaser will require the written con
sent of the landlord under the lease of
the Mortgaged Real Properly and that
the purchaser assume all obligations
of the tenant under such lease. The
Mortgaged Real Property will be sold
subject to the rights of the landlord
under the lease of the Mortgaged
Real Property and subject to the fol
lowing items which may affect title to
said property: all zoning ordinances;
matters which would be disclosed by
an accurate survey or inspection of
such property; any outstanding taxes,
including, but not limited to ad valorem
taxes, which constitute liens upon said
properly; special assessments; all out
standing bills for public utilities which
constitute liens upon said property
and all other easements, limitations,
restrictions, reservations, covenants
and encumbrances of record which
are prior in right to the Security Deed.
The Mortgaged Personal Property
will be sold on an “as is, where is"
basis without recourse against the
undersigned and without representa
tion or warranty of any kind or nature
whatsoever with respect thereto. The
Mortgaged Pusonal Property will be
sold subject to all unpaid taxes and
assessments, if any, which are liens
against the Mortgaged Personal Prop
erty and which are prior in right to the
Security Deed and subject to all other
encumbrances of record which are
prior in right to the Security Deed.
The Security Deed was given to
secure that certain Affiliate Guaranty,
dated November 3,1997 (“Guaranty"),
pursuant to which Guarantor guaran
teed the payment by Solomon Family
Restaurants, L.L.C. (“Borrower") of its
obligations under certain Secured
Promissory Notes dated November 3,
1997, in the aggregate original princi
pal amount of $18,100,000 and made
by Borrower to the order of Franchise
Mortgage Acceptance Company LLC
(said notes are hereinafter referred to
collectively as the “Note"). The indebt
edness of Guarantor under the Guar
anty and secured by the Security
Deed (the “Indebtedness") has been
and is hereby declared due and imme
diately payable because of default by
Borrower in payment of the indebted
ness under the Note in accordance
with the terms of the Note and the fail-
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