Notice Content
NOTICE OF SALE
UNDER POWER
GEORGIA,
GWINNETT COUNTY
By virtue of the power of sale contained in that certain Security Deed, dated April 8, 2003 (the Security Deed) from Nelson Jagonase and Rizalita Jagonase to Paul Henderson, recorded in Deed Book 31855, Page 135, Gwinnett County, Georgia records (the interest of the Estate of Paul Henderson therein having been transferred and assigned to PHE Properties, LLLP, a Georgia limited liability limited partnership, by transfer and assignment dated as of February 3, 2016, and recorded at Deed Book 54098, Page 488, aforesaid records), said Security Deed having been given to secure a note dated April 8, 2003 in the original face principal amount of $95,750.00 (the Note), there will be sold by the undersigned at public outcry to the highest bidder, for cash, before the Courthouse door in Gwinnett County, Georgia, within the legal hours of sale, on the first Tuesday in April, 2016, the following described property (the Property), to wit:
All that tract or parcel of land lying and being in Land Lot 266 of the 7th District of Gwinnett County, Georgia, being Lot 3 of the Bryant Ferry Subdivision as shown on that certain survey prepared by W. T. Dunahoo and Associates, Inc., dated March 15, 1993, and being more particularly described as follows:
To find the point of beginning commence at an iron pin found in the centerline of an old abandoned road. Said iron pin found being North 11 degrees 16 minutes West a distance of 137.10 feet from the intersection of the centerlines of Bryant Road and Thompson Mill Road. From said iron pin found run thence South 81 degrees 34 minutes 31 seconds East to a point on the right of way of Bryant Road, having a 60 foot right of way; thence run North 17 degrees 44 minutes 20 seconds East a distance of 96.82 feet to a point; thence run North 20 degrees 10 minutes 51 seconds East a distance of 99.89 feet to a point between the property line of Lot 2 and Lot 3 of Bryant Ferry Subdivision. Said point also being known as the POINT OF BEGINNING. From said point of beginning continue thence along said right of way of Bryant Road North 27 degrees 09 minutes 41 seconds East a distance of 95.15 feet to a point between Lot 3 and 4 of Bryant Ferry Subdivision; thence leaving said right of way thence run North 56 degrees 32 minutes 02 seconds West a distance of 202.77 feet along the common property line of Lot 3 and 4 to a point; thence run South 4 degrees 23 minutes 22 seconds West a distance of 162.53 feet to a point between Lot 2 and 3 of Bryant Ferry Subdivision; thence run South 70 degrees 52 minutes 56 seconds East a distance of 257.61 feet along the common property line of Lot 2 and 3 to a point in the right of way of Bryant Road. Said point also being known as the POINT OF BEGINNING.
To the best knowledge and belief of the undersigned, the street address of the Property is 4450 Bryant Road, Buford, Georgia 30518.
The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of the Note and Security Deed, including, but not limited to, nonpayment as and when due of (i) the indebtedness evidenced by the Note and secured by the Security Deed, and (ii) city, state and county ad valorem real estate taxes. The indebtedness remaining in default, this sale will be made for the purpose of paying the same and all expenses of sale, including attorneys fees (notice of the intention to collect attorneys fees having been given), and all other payments provided for under the terms of the Note and Security Deed.
The Property will be sold as the property of Nelson Jagonase and Rizalita Jagonase, subject to (i) all zoning ordinances, (ii) matters which would be disclosed by an accurate and current survey and inspection of said property, (iii) easements, restrictions, restrictive covenants and conditions, and rights-of-way, (iv) all outstanding taxes, including, but not limited to, ad valorem taxes, whether or not the same have become liens against said property, (v) special assessments, and (vi) all other matters of record, if any, superior to the Security Deed. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best knowledge and belief of the undersigned, the Property is occupied by Nelson Jagonase and Rizalita Jagonase, or tenants thereof.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: PHE Properties, LLLP, P. O Box 338, Suwanee, Georgia 30024. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
PHE PROPERTIES, LLLP, a Georgia limited liability limited partnership, As Attorney-In-Fact for Nelson Jagonase and Rizalita Jagonase
Richard F. Livingston, Jr., Esq.
3280 Pointe Parkway, Suite 1500
Norcross, GA 30092
(770) 447-6486
950-405419, 3/10,17,24,31
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