Notice Content
Notice of Sale
Under Power
Gwinnett County,
Georgia
Under and by virtue of the Power of Sale contained in that certain Georgia Deed to Secure Debt and Security Agreement given by Ejison & Company, Inc. (Grantor) to Branch Banking and Trust Company (Lender), dated March 12, 2008 and recorded March 13, 2008 in Deed Book 48704, Page 254, Gwinnett County, Georgia official records (together with any and all amendments or modifications, hereinafter collectively referred to as the Security Deed), conveying the property described below to secure repayment of that certain Promissory Note and Prepayment Fee Addendum to Promissory Note dated March 12, 2008 and made payable by Grantor to the order of Lender in the maximum principal amount of $1,200,000.00, together with interest thereon as set forth therein, as modified by certain Note Modification Agreement dated November 20, 2008 by and between Grantor and Lender, and as further modified by that certain Note Modification Agreement and Prepayment Fee Addendum to Promissory Note dated December 15, 2009 by and between Grantor and Lender (together with any and all prior notes, amendments or modifications, hereinafter collectively referred to as the Secured Indebtedness), there will be sold 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 February 2016 (being February 2, 2016) the following described property located in Gwinnett County, Georgia, together with all improvements, personalty, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed (collectively, the Property):
All that tract or parcel of land lying and being in Land Lot 31 of the 7th District, Gwinnett County, Georgia, containing 5.03 acres more or less, according to a Survey for Ken Taylor, dated September 6, 2007, prepared by Frontline Surveying & Mapping, Inc., certified by Thomas Edward Peay, Jr., Georgia Registered Land Surveyor No. 2402, and being more particularly described according to said survey as follows:
To find the TRUE POINT OF BEGINNING, commence at a point located on the northeasterly right of way line of Lawrenceville Suwanee Road (a variable right of way), said point being located 190.50 feet in a generally southeasterly direction along said right of way line from its intersection with the southwesterly right of way line of Watercrest Circle (a 50 right of way) if extended; run thence North 82 degrees 30 minutes 00 seconds East a distance of 285.54 feet to a point marked by an iron pin found, and said point being the TRUE POINT OF BEGINNING.
From the TRUE POINT OF BEGINNING as thus established, run thence South 57 degrees 05 minutes 25 seconds East a distance of 256.38 feet to an iron pin found; run thence South 72 degrees 59 minutes 40 seconds East a distance of 311.17 feet to a point located on the centerline of the Yellow River; run thence along the aforesaid centerline of the Yellow River the following courses and distances:
South 00 degrees 06 minutes 15 seconds West a distance of 52.15 feet to a point;
South 29 degrees 04 minutes 05 seconds West a distance of 62.75 feet to a point;
South 66 degrees 33 minutes 21 seconds West a distance of 118.10 feet to a point;
North 88 degrees 00 minutes 14 seconds West a distance of 96.58 feet to a point;
South 81 degrees 36 minutes 42 seconds West a distance of 84.53 feet to a point;
South 78 degrees 46 minutes 53 seconds West a distance of 89.50 feet to a point;
South 69 degrees 31 minutes 37 seconds West a distance of 69.46 feet to a point;
South 63 degrees 13 minutes 46 seconds West a distance of 70.61 feet to a point;
South 68 degrees 57 minutes 41 seconds West a distance of 86.74 feet to a point;
South 82 degrees 05 minutes 14 seconds West a distance of 67.37 feet to a point;
South 68 degrees 20 minutes 51 seconds West a distance of 65.82 feet to a point located on the northeasterly right of way line of the aforesaid Lawrenceville Suwanee Road;
Leaving the aforesaid centerline, run thence along the aforesaid right of way line North 04 degrees 57 minutes 20 seconds West a distance of 170.97 feet to a point; leaving the aforesaid right of way line, run thence North 82 degrees 30 minutes 00 seconds East a distance of 285.25 feet to an iron pin set; run thence North 07 degrees 27 minutes 49 seconds West a distance of 114.14 feet to a point marked by an iron pin set, and said point being the TRUE POINT OF BEGINNING.
TOGETHER WITH all easements and rights contained in that certain Easement Agreement by and between JSA, Inc. and Riverside Center Condominium Association, Inc. dated August 25, 2005 and recorded in Deed Book 44311, Page 8, Gwinnett County, Georgia records.
The above-described property is real and personal property located at 1155 Lawrenceville Suwanee Road, Lawrenceville, Georgia 30043, according to the present system of numbering property in Gwinnett County, Georgia.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. As the Secured Indebtedness remains in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorneys fees (written notice of intent to collect attorneys fees having been given).
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 and matters of record superior to the Security Deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through them.
BRANCH BANKING AND TRUST COMPANY, Attorney-in-Fact and Agent for Ejison & Company, Inc.
Erich N. Durlacher
Kelly E. Waits
Burr & Forman LLP
171 Seventeenth Street, N.W., Suite 1100
Atlanta, Georgia 30363
Email: edurlacher@burr.com
kwaits@burr.com
Phone: (404) 815-3000
Facsimile: (404) 817-3244
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-303771, 1/7,14,21,28
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