Notice Content
NOTICE OF SALE
UNDER POWER
GEORGIA,
GWINNETT COUNTY:
By virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt executed by Hamilton Mill Child Development Center, Inc. (Grantor) in favor of Main Street Bank (Original Lender), dated August 5, 2005 and recorded August 22, 2005 in Deed Book 44084, Page 82 of the Office of the Clerk of the Superior Court of Gwinnett County, Georgia (the Security Deed), as modified by that certain Modification of Security Deed dated June 23, 2006, recorded July 11, 2006 in Deed Book 46726, Page 575, aforesaid records, as assigned to Summitbridge Credit Investments IV LLC (Summitbridge) by Branch Banking and Trust Company, Successor by Merger to Original Lender, by that certain Assignment Security Instruments, executed on March 28, 2013, effective as of March 27, 2013 and recorded April 15, 2013 in Deed Book 52157, Page 205, aforesaid records, as further assigned to DCR Mortgage VI Sub I, LLC (Holder) by Summitbridge, by that certain Assignment of Security Instruments, executed on or around September 3, 2014, effective as of September 3, 2014, and recorded September 16, 2014 in Deed Book 53131, Page 287, aforesaid records, the Security Deed being given to secure the obligations evidenced by a Promissory Note from Grantor to Original Lender, dated August 5, 2005, in the original principal amount of $600,000.00, with interest from the date thereof at the rate specified therein (together with any and all renewals, replacements, modifications, and extensions thereof, the Note), the undersigned will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Gwinnett County, Georgia, on the first Tuesday in February, 2016 (February 2, 2016), between the legal hours of sale, all or parts of the property, more particularly described as follows (the Property):
All that tract or parcel of land lying and being in Land Lot 262 of the 7th Land District, Gwinnett County, Georgia, being Lot 4 of the Mrs. V. B Berry Subdivision as shown on plat of same prepared by S.R. Fields, Gwinnett County Surveyor, dated 10/29/59, recorded in Plat Book H, Page 126, Gwinnett County records, and being more particularly describs as 4226 Hamilton Mill Road, Buford, Georgia 30519.
The indebtedness secured by the Security Deed has been and is hereby declared due and payable because of default under the terms of the Security Deed and the Note including, but not limited to, the failure to make payments when due under the Note and other non-monetary defaults pursuant to the loan documents. The indebtedness remaining in default, this sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed and the Note, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed and the Note, notice of intention to collect attorneys fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law.
The Property will be sold as the property of Grantor. To the undersigneds best knowledge and information, Grantor is the party in possession of the Property.
The Property will be sold as is, without express or implied warranties of any kind, subject to (i) any and all unpaid real and personal property ad valorem taxes and governmental assessments, (ii) any and all prior restrictions, rights of way, and assessments of record, if any, appearing of record prior to the date of the Security Deed, and (iii) any and all restrictions, rights of way, and assessments of record appearing of record after the date of the Security Deed and consented to of record by Original Lender or Holder, as applicable.
The undersigned is not required by law to negotiate, amend, or modify the terms of the Note or the Security Deed. The individual with full authority to negotiate, amend, and modify the terms of the Note and the Security Deed is as follows: Michael P. McGinn, Directed Capital Resources, LLC, 333 Third Avenue North, Suite 400, St. Petersburg, Florida 33701; (727) 341-8384.
By: DCR Mortgage VI Sub I, LLC, holder of the Note and the Security Deed and attorney-in-fact for Grantor: c/o Brett A. Switzer (GA Bar No. 554141), Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Suite 1600, Monarch Plaza, 3414 Peachtree Road, N.E., Atlanta, GA 30326; (404/577-6000).
950-303695, 1/7,14,21,28
Back