Notice Content
NOTICE OF SALE
UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF GWINNETT
Under and by virtue of the Power of Sale contained in the Security Deed from Jin Hwi Kim to Nara Bank dated August 29, 2007 as recorded in Deed Book 48250, Page 856, in the offices of the Clerk of the Superior Court of Gwinnett County, Georgia; as last assigned to Bayview Loan Servicing, LLC (as same may have been further modified from time to time, collectively the Security Deed); the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Gwinnett County, Georgia, during the legal hours of sale, on the first Tuesday in March, 2016, the following described real property, to wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 260 AND 261, 6TH DISTRICT, CITY OF DULUTH, GWINNETT COUNTY, GEORGIA, BEING DESIGNATED AS UNITS 116, 117, 118, AND 119 (ALSO KNOWN AS SUITES 116, 117, 118, AND 119) OF BUILDING B OF THE POINT BERKELEY II RETAIL CONDOMINIUM, AS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DECLARATION OF CONDOMINIUM FOR POINT BERKELEY II RETAIL CONDOMINIUM, RECORDED JUNE 19, 2007, IN DEED BOOK 48001, PAGE 218, ET SEQ., GWINNETT COUNTY, GEORGIA RECORDS, AND DECLARATION OF CONDOMINIUM FOR POINT BERKELEY II MASTER CONDOMINIUM, RECORDED JUNE 19, 2007, IN DEED BOOK 48001, PAGE 152, ET SEQ., AFORESAID RECORDS, AS MORE PARTICULARLY DESCRIBED AND DELINEATED IN (A) THAT CERTAIN CONDOMINIUM PLAT OF POINT BERKELEY II MASTER CONDOMINIUM PREPARED BY SURVEY CONCEPTS, INC., DATED APRIL 12, 2007, FILED IN CONDOMINIUM PLAT BOOK CD4, PAGE 298, AFORESAID RECORDS; (B) FLOOR PLANS FOR POINT BERKELEY II MASTER CONDOMINIUM PREPARED BY PHILLIPS PARTNERSHIP, INC., DATED MAY 15, 2007, AND FILED IN CONDOMINIUM FLOOR PLAN BOOK CDFP, PAGES 4862 THROUGH 4874, AFORESAID RECORDS; (C) THAT CERTAIN CONDOMINIUM PLAT OF POINT BERKELEY II RETAIL CONDOMINIUM PREPARED BY SURVEY CONCEPTS, INC., DATED APRIL 12, 2007, FILED IN CONDOMINIUM PLAT BOOK CD4, PAGE 299, ET SEQ., AFORESAID RECORDS; AND (D) FLOOR PLANS FOR POINT BERKELEY II RETAIL CONDOMINIUM, BUILDING B PREPARED BY PHILLIPS PARTNERSHIP, INC., DATED MARCH 14, 2007, FILED IN CONDOMINIUM FLOOR PLAN BOOK CDFP, PAGES 4875 THROUGH 4899, AFORESAID RECORDS, REFERENCE TO SAID DECLARATIONS, CONDOMINIUM PLATS AND CONDOMINIUM FLOOR PLANS AND THE RECORDS THEREOF ARE INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE SUBJECT PROPERTY. COMMONLY KNOWN AS 2645 NORTH BERKELEY LAKE ROAD, SUITES 116, 117, 118, AND 119, DULUTH, GEORGIA, BY THE PRESENT SYSTEM OF NUMBERING IN GWINNETT COUNTY, GEORGIA.
TOGETHER WITH THE UNDIVIDED COMMON INTERESTS AS SET FORTH IN THE AFORESAID DECLARATION OF CONDOMINIUM FOR POINT BERKELEY II MASTER CONDOMINIUM AND DECLARATION OF CONDOMINIUM FOR POINT BERKELEY II RETAIL CONDOMINIUM.
PROPERTY BEING MORE COMMONLY KNOWN AS: 2645 N. BERKELEY LAKE ROAD, UNITS 116-119, DULUTH, GEORGIA 30096
In addition, under and by virtue of the power of sale contained in the Security Deed, the undersigned will also sell at public outcry to the highest bidder for cash before the door of the Courthouse of Gwinnett County, Georgia, immediately following the sale of the above-described real property, the following described personal property owned by Jin Hwi Kim, or his successors-in-title and secured by the Security Deed, to wit:
All personal property described in and subject to the Security Deed, which is hereby incorporated by this reference.
Less and except any fixtures subject to the security interest on the above-described real property.
The debt secured by the Security Deed is evidenced by a Promissory Note from Jin Hwi Kim (Borrower) to Nara Bank, dated August 29, 2007, in the original principal amount of $720,000.00; as modified by Change in Terms Agreement from Borrower to Nara Bank dated May 11, 2011; as last assigned to to Bayview Loan Servicing, LLC (as same may have been further modified, renewed or amended, the Note), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of Jin Hwi Kim, the proceeds to be applied to the payment of said indebtedness, attorneys fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all other prior assessments, easements, restrictions or matters of record.
To the best of the undersigneds knowledge and belief, the real property is presently owned by Jin Hwi Kim.
To the best of the undersigneds knowledge and belief, the party in possession of the real property is Jin Hwi Kim, and tenants holding under him.
All personal property will be sold in one lot to the highest and best bidder for cash as the property of Jin Hwi Kim, or his successors-in-title, on an as is, where is basis and without representation, warranty or recourse, express or implied, of the undersigned, and subject to all matters of record affecting said personal property, the proceeds to be applied to the payment of said indebtedness, attorneys fees and the lawful expenses of said sale, all as provided in the Security Deed.
Bayview Loan Servicing, LLC, successor in interest to Nara Bank, as Attorney-in-Fact for Jin Hwi Kim.
M. Todd Westfall, Esquire
Howick, Westfall & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
950-310602, 2/4,11,18,25
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