Notice Content
STATE OF GEORGIA
COUNTY OF GWINNETT
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from TRANS AUTO REPAIR, INC. to FIDELITY BANK, dated July 15, 2008, recorded July 24, 2008, in Deed Book 48987, Page 721, Gwinnett County, Georgia records; also that certain Assignment of Leases and Rents dated July 15, 2008, recorded in Deed Book 48987, Page 748, Gwinnett County, Georgia records, said Security Deed being given to secure a Note from TRANS AUTO REPAIR, INC. dated July 15, 2008 in the original principal amount of One Million Two Hundred Twenty One Thousand and 00/100 ($1,221,000.00) Dollars, with interest thereon on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in March, 2016, the following described property:
TRACT A:
All that tract or parcel of land lying and being in Land Lot 258 of the 6th Land District, Gwinnett County, Georgia, containing 1.24 acres, and being identified as Tract A on a Plat of Survey dated April 25, 2007 prepared for Yoons Investment, Inc. Sterling Bank, Central Funding, Inc., U.S. Small Business Administration c/o Georgia Certified Development Corporation and Commonwealth Land Title Insurance Company, prepared by Solar Land Surveying Company, certified to by John W. Stanzilis, Jr., Georgia Registered Land Surveyor No. 2109, and being more particularly described as follows:
To find the true point of beginning, commence at the intersection of the southwesterly Land Lot line of Land Lot 258 with the northwesterly right of way line of U.S. 23-S.R. 13 (also known as Buford Highway), and run thence northeasterly along said northwesterly right of way line of U.S. 23-S.R. 13 a distance of 375.15 feet to a point located on said right of way, running thence (at a point where said right of way widens) North 34 degrees 33 minutes 26 seconds West a distance of 15.29 feet to concrete right-of-way monument located on the northeasterly right of way line of U.S. 23-S.R. 13, which is the True Point of Beginning; thence from said point of beginning, leaving said northwesterly right of way line, run North 34 degrees 33 minutes 26 seconds West 336.46 feet to an iron pin placed; thence run North 60 degrees 14 minutes 06 seconds East 247.96 feet to an iron pin placed; thence run South 29 degrees 41 minutes 39 seconds East 94.13 feet to an iron pin placed; thence run South 45 degrees 11 minutes 09 seconds West 99.84 feet to an open top pipe found; thence run South 29 degrees 37 minutes 08 seconds East 180.40 feet to an iron pin placed on the northwesterly right of way line of U.S. 23-S.R. 13; running thence with said right-of-way on two courses and distances as follows: following the arc of a curve to the left (said curve having a chord bearing of south 44 degrees 28 minutes 25 seconds West, a chord distance of 86.66 feet and a radius of 11524.16 feet) an arc distance of 86.65 feet to a point; thence running South 44 degrees 15 minutes 29 seconds West a distance of 41.04 feet to the True Point of Beginning.
TRACT B:
All that tract or parcel of land lying and being in Land Lot 258 of the 6th Land District, Gwinnett County, Georgia containing 1.24 acres, and being identified as Tract B on a Plat of Survey dated April 25, 2007 prepared for Yoons Investment, Inc., Sterling Bank, Central Funding, Inc., U.S. Small Business Administration c/o Georgia Certified Development Corporation and Commonwealth Land Title Insurance Company, prepared by Solar Land Surveying Company, certified to by John W. Stanzilis, Jr. Georgia Registered Land Surveyor No. 2109, and being more particularly described as follows:
To Find the True Point of Beginning, commence at the intersection of the southwesterly Land Lot line of Land Lot 258 with the northwesterly right of way line of U.S. 23-S.R. 13 (also known as Buford Highway), and run thence northeasterly along said northwesterly right of way line of U.S. 23-S.R. 13, a distance of 375.15 feet to a point located on said right of way; running thence (at a point where said right of way widens) North 34 degrees 33 minutes 26 seconds West a distance of 15.29 feet to a concrete right of way monument located on the northwesterly right of way line of U.S. 23-S.R. 13; running thence North 34 degrees 33 minutes 26 seconds West 336.46 feet to an iron pin placed, which is the True Point of Beginning; thence from said point of beginning run North 34 degrees 33 minutes 26 seconds West 187.54 feet to rebar found on the southeasterly right of way line of the Southern Railroad; running thence with said right of way line of the Southern Railroad North 49 degrees 58 minutes 08 seconds East 268.21 feet to an iron pin placed; running thence South 29 degrees 41 minutes 39 seconds East 234.69 feet to an iron pin placed; running thence South 60 degrees 14 minutes 06 seconds West 247.96 feet to an iron pin placed and the True Point of Beginning.
Included herewith are all equipment and machinery, furniture, fixtures, inventory, accounts, accounts receivable, instruments, chattel paper and general intangibles.
The debt secured by said Security Deed 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 Note and Security Deed. 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 Security Deed and by law, including attorneys fees (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, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is TRANS AUTO REPAIR, INC. or a tenant or tenants.
FIDELITY BANK,
as attorney in Fact for TRANS AUTO REPAIR, INC.
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 2228A-65081
950-310924, 2/4,11,18,25
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