Notice Content
Notice of Sale
Under Power
Gwinnett County,
Georgia
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement given by RMN Inc. (the Grantor) to Comerica Bank (the Lender) dated January 14, 2005 and recorded January 20, 2005 in Deed Book 41390, Page 255, Gwinnett County, Georgia official records (together with any and all modifications or amendments thereto, hereinafter collectively referred to as the Security Deed), conveying the property described below to secure repayment of that certain Note dated January 14, 2005 made payable by Grantor and Marli Foods, Inc. to the order of Lender in the stated principal amount of $660,000.00, together with interest thereon as set forth therein, as modified from time to time (together with any and all other modifications thereto, hereinafter 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 parcel of real property together with all improvements, fixtures, easements, hereditaments, rights, members, appurtenances, and personalty located thereon and described in the Security Deed:
ALL that tract or parcel of land lying and being in Land Lot 43 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows:
BEGINNING at a point on the northeast right of way of Rockbridge Road with the intersection of a mitred section of the southeasterly right of way of Stone Drive; thence S 27 degrees 57 56 E a distance of 148.03 feet to a point; thence leaving the right of way of Rockbridge Road N 48 degrees 18 37 E a distance of 303.04 feet to a point; thence S 26 degrees 22 13 E a distance of 351.33 feet to a point; thence S 24 degrees 12 27 E a distance of 115.93 feet to a point; thence S 36 degrees 16 57 W a distance of 160.14 feet to a point on the northeasterly right of way of Rockbridge Road; thence continuing along said right of way N 62 degrees 10 08 W a distance of 40.44 feet to a point; thence leaving the right of way of Rockbridge Road N 36 degrees 16 57 E a distance of 146.14 feet to a point; thence N 53 degrees 43 03 W a distance of 189.52 feet to a point; thence S 36 degrees 16 57 W a distance of 142.67 feet to a point on the northeasterly right of way of Rockbridge Road; thence continuing along said right of way N 37 degrees 17 19 W a distance of 190.28 feet to a point; thence N 27 degrees 57 56 W a distance of 71.14 feet to the TRUE POINT OF BEGINNING; said parcel being shown as Tract 2 containing 2.098 acres, according to a boundary survey by Diversified Technical Services, dated 11/19/97.
Together with and subject to all easements, conditions, covenants and restrictions of record.
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. The Secured Indebtedness remaining 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, Marli Foods, Inc., or a tenant or tenants claiming through the aforementioned.
COMERICA BANK, Attorney-in-Fact and Agent for RMN Inc.
Bryan T. Glover, Esq.
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street, N.W.
Atlanta, Georgia 30363
Email: bglover@burr.com
(404) 815-3000
(404) 214-7387
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-303775, 1/7,14,21,28
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