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Notice of Judicial Foreclosure
STATE OF GEORGIA
Gwinnett COUNTY
Under and by virtue of O.C.G.A. 44-3-109, the Declaration of Condominium Sandalwood Townhomes Unit II, A Condominium, as may be amended (the Declaration), filed of record in the Gwinnett County, Georgia records, and by virtue of the Court Order dated February 18, 2014, there will be sold by the Gwinnett County Sheriffs Office at public outcry to the highest bidder for cash before the Courthouse door of Gwinnett County, Georgia within the legal hours of sale on the first Tuesday in December, to wit, December 1, 2015 the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 147 OF THE 5TH DISTRICT, GWINNETT COUNTY, GEORGIA, AND BEING IDENTIFIED AND DEPICTED AS DWELLING UNIT 257 (HEREINAFTER REFERRED TO AS THE DWELLING) ON THAT CERTAIN AS-BUILT SITE PLAN FOR SANDALWOOD TOWNHOMES UNIT II, A CONDOMINIUM, DATED FEBRUARY 25, 1981, RECORDED IN CONDOMINIUM PLAT BOOK 1, PAGE 56, GWINNETT COUNTY, GEORGIA RECORDS, TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF GRANTOR IN THE DWELLING AND THE APPURTENANCES THERETO UNDER THAT CERTAIN DECLARATION OF CONDOMINIUM FOR SANDALWOOD TOWNHOME UNIT II, A CONDOMINIUM, RECORDED IN DEED BOOK 2288, PAGE 13, AFORESAID RECORDS, AS MAY BE AMENDED FROM TIME TO TIME BY AMENDMENTS THERETO FILED FOR RECORD ON THE AFORESAID RECORDS (SAID DECLARATION INCLUDING ALL EXHIBITS THERETO AND AMENDMENTS THERETO HEREINAFTER BEING REFERRED TO AS THE DECLARATION OF CONDOMINIUM FOR SANDALWOOD TOWNHOMES UNIT II, A CONDOMINIUM). THE INTEREST HEREIN CONVEYED INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE UNDIVIDED PERCENTAGE OF INTEREST IN THE COMMON ELEMENTS OF SANDALWOOD TOWNHOMES UNIT II, A CONDOMINIUM APPURTENANT TO THE DWELLING AS THE SAME IS SPECIFIED IN THE DECLARATION OF CONDOMINIUM FOR SANDALWOOD TOWNHOMES UNIT II, A CONDOMINIUM.
THIS CONVEYANCE IS SUBJECT TO ALL OF THE TERMS, PROVISIONS AND RESTRICTIONS OF THE GEORGIA CONDOMINIUM ACT, AS SUBSEQUENTLY AMENDED, AND SAID DECLARATION, WHICH PROVISION GRANTEE HEREIN ASSUMES AND AGREES TO OBSERVE AND PERFORM.
THIS CONVEYANCE IS FURTHER SUBJECT TO: THE AFORESAID DECLARATION OF CONDOMINIUM FOR SANDALWOOD TOWNHOMES UNIT II, A CONDOMINIUM, WHICH MAY BE AMENDED FROM TIME TO TIME; DECLARATION OF RESERVED EASEMENT RECORDED IN DEED BOOK 1395, PAGE 58; SEWER EASEMENTS TO DEWES ENTERPRISES, INC. RECORDED IN DEED BOOK 555, PAGE 78 AND DEED BOOK 658, PAGE 254,; EASEMENT FROM SANDALWOOD PROPERTIES, LTD. TO SANDALWOOD TOWNHOMES RECREATION ASSOCIATION, INC. RECORDED IN DEED BOOK 2042, PAGE 145; AND DECLARATION OF EASEMENTS BETWEEN SANDALWOOD PROPERTIES AND SANDALWOOD HOMEOWNERS UNIT I ASSOCIATION, INC., DATED NOVEMBER 20, 1981, RECORDED IN DEED BOOK 2288, PAGE 13, GWINNETT COUNTY RECORDS.
The debt secured by the Associations lien, which totals $19,019.53 as of September 2, 2015, has been and is hereby declared due because of failure to pay the indebtedness as and when due and in the manner provided for in the Declaration. The debt remaining in default, this sale will be made for the purpose of paying same and all expenses of the sale, as provided in the Georgia Condominium Act, O.C.G.A. 44-3-70, et seq., and the Declaration (notice of attempt to collect attorneys fees having been given). The excess, if any, will be distributed to the person or persons legally entitled thereto.
To the best knowledge and belief of the undersigned, the party(ies) in possession of the Subject Property known as 257 Mission Walk, Lawrenceville GA 30046 is Don Gravley and Crystal Gravley.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, (c) the Declaration, as amended, and (d) all matters of record superior to the condominium lien first set out above, including but not limited to the Security Deed from Don Gravley & Crystal Gravley to Richard A. Hoovestol & Rachel A Hoovestol as Trustees of The Hoovestol Family Trust, recorded at Deed Book 36877, Page 178 of the aforesaid records, and any encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the condominium lien first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the United States Bankruptcy Code, and (2) final confirmation and audit of the status of the lien with the holder of the Order to foreclose.
931-289316, 11/5,12,19,26
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