Notice Content
NOTICE OF SALE
UNDER POWER
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
By virtue of the power of sale contained in that certain Deed to Secure Debt from BRUCE PENDLETON and JULIE PENDLETON to THE BRAND BANKING COMPANY dated December 9, 1997, filed January 13, 1998, recorded in Deed Book 15302, Page 221, Gwinnett County, Georgia Records, as modified by that Modification Agreement dated July 24, 2001, filed August 1, 2001, recorded in Deed Book 24018, Page 239, Gwinnett County, Georgia Records, as modified by that Modification Agreement dated November 13, 2001, filed November 21, 2001, recorded in Deed Book 25257, Page 144, aforesaid Records, as modified by that Modification Agreement dated June 12, 2002, filed June 25, 2002, recorded in Deed Book 27812, Page 31, aforesaid Records, as modified by that certain Modification Agreement dated August 10, 2005, filed September 2, 2005, recorded in Deed Book 44246, Page 189, aforesaid Records, as modified by that certain Modification Agreement dated May 12, 2007, filed June 14, 2007, recorded in Deed Book 47984, Page 87, aforesaid Records, (the Deed to Secure Debt), there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on December 8, 2015, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 159 of the 5th district, Gwinnett county, Georgia, and being more particularly described on Exhibit A, attached hereto and incorporated herein by this reference.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Deed to Secure Debt and the Note secured by the Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); and matters of record superior to the Deed to Secure Debt first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the debtors debt and the Deed to Secure Debt is: The Brand Banking Company, 141 Hurricane Shoals Road, N.E., Lawrenceville, Georgia 30046-4459. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is The Brand Banking Company, or a tenant or tenants of the same. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
THE BRAND BANKING COMPANY,
Attorney-in-Fact for Bruce Pendleton and
Julie Pendleton
Austen T. Mabe, Esq.
MAHAFFEY PICKENS TUCKER, LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia 30043
(770) 232-0000
Exhibit A
Legal Description
All that tract or parcel of land lying and being in Land Lot 159 of the 5th District of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin located on the Northeasterly side of the right-of-way of U.S. Hwy. No. 78 (S.R. 10) (variable right-of-way, expanded at this point), 719.71 feet Northwesterly, as measured along the Northeasterly side of the right-of-way of U.S. Hwy. No. 78, from the intersection of the Northeasterly side of the right-of-way of U.S. Hwy. No. 78 with the Westerly side of the right-of-way of Brand Road (80-feet right-of-way); thence, run South 19 degrees 42 minutes 29 seconds West, along the Northwesterly side of the expanded right-of-way of U.S. Hwy. No. 78, 40.00 feet to a nail found of the Northeasterly side of the right-of-way of said U.S. Hwy. No. 78; thence, run North 70 degrees 17 minutes 31 seconds West, along the Northeasterly side of the right-of-way of U.S. Hwy. No. 78, 125.00 feet to an iron pin located on the Southeasterly side of the right-of-way of U.S. Hwy. No. 78; thence, run North 19 degrees 42 minutes 29 seconds East, long the Southeasterly side of the right-of-way of U.S. Hwy. No. 78, 40.00 feet to an iron pin located on the Northeasterly side of the expanded right-of-way of U.S. Hwy. No. 78; thence, leaving said right-of-way, continue running North 19 degrees 42 minutes 29 seconds East, 69.98 feet to a point; thence, South 70 degrees 17 minutes 31 seconds East, 125.00 feet to a point; thence, South 19 degrees 42 minutes 29 seconds West, 69.98 feet to the point of beginning; being a 0.316 acre tract of land identified as Tract 1 on a plat of survey prepared for Bruce Pendleton and Julie Pendleton by Von Itter & Associates, Inc., dated 9/15/97, a copy of which said survey is attached hereto as Exhibit B and, by this reference, incorporated herein and made a part of this description.
AND
All that tract or parcel of land lying and being in Land Lot 159 of the 5th District of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin located on the Northeasterly side of the right-of-right of U.S. Hwy. No. 78 (S.R. 10) (variable right-of-way), 694.71 feet Northwesterly, as measured along the Northeasterly side of the right-of-way of U.S. Hwy. No. 78, from the intersection of the Northeasterly side of the right-of-way of U.S. Hwy. No. 78 with the Westerly side of the right-of-way of Brand Road (80-feet right-of-way); thence, run North 70 degrees 17 minutes 31 seconds West, along the Northeasterly side of the right-of-way of U.S. Hwy. No. 78, 25.00 feet to an iron pin; thence, leaving said right-of-way, North 19 degrees 42 minutes 29 seconds East, 69.98 feet to a point; thence, North 70 degrees 17 minutes 31 seconds West, 125.00 feet to a point; thence, North 19 degrees 42 minutes 29 seconds East, 380.46 feet to an iron pin; thence, South 57 degrees 30 minutes 00 seconds East, 238.08 feet to an iron pin; thence, South 31 degrees 22 minutes 53 seconds West, 406.13 feet to the point of beginning; being a 1.684 acre tract of land identified as Tract 2 on a plat of survey prepared for Bruce Pendleton and Julie Pendleton by Von Itter & Associates, Inc., dated 9/15/97, a copy of which said survey is attached hereto as Exhibit B and, by this reference, incorporated herein and made a part of this description.
950-291391, 11/5,12,19,26
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