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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- Please see next page