The Jackson Herald 

Publication Name:
The Jackson Herald

Publication URL:

Publication City and State:
Jefferson, GA

Publication County:
Jackson

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Notice Keywords:

Notice Authentication Number:
201603310121599063473
3220054170

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Notice Publish Date:
Wednesday, March 30, 2016

Notice Content

Notice of Sale Notice of Sale Under Power Jackson County By virtue of a Power of Sale contained in that certain Deed to Secure Debt with Future Advance Clause from INTERNATIONAL HOSPITALITY, LLC to Gwinnett Community Bank, dated July 24, 2006, filed and recorded July 26, 2006 in Deed Book 44U, Page 749, Jackson County, Georgia Records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a Note in the original principal amount of THREE MILLIONS ONE HUNDRED NINETY-FIVE THOUSAND FOUR HUNDRED AND NO/100THS DOLLARS ($3,195,400.00) (as amended, modified, or revised from time to time, the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of JACKSON COUNTY, Georgia, within the legal hours for sale on the first Tuesday in April, 2016, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 428, CITY OF PENDERGRASS, JACKSON COUNTY, GEORGIA, AS SHOWN AND DELINEATED AS TRACT 1, BEING 15.8890 ACRES, MORE OR LESS, ON PLAT OF SURVEY FOR BCM DEVELOPERS, LLC BY TERRAMARK PROFESSIONAL LAND SURVEYING DATED MAY 25, 2006, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN AT A POINT ON THE NORTHEASTERN RIGHT OF WAY OF GAINESVILLE HIGHWAY A/K/A OLD STATE ROUTE 11 (VARIABLE RIGHT OF WAY), SAID PIN BEING 940.90 FEET NORTHWEST, AS MEASURED ALONG SAID RIGHT OF WAY, FROM THE INTERSECTION OF SAID RIGHT OF WAY AND THE WESTERN RIGHT OF WAY OF U.S. HIGHWAY 129; THENCE RUNNING NORTH 60 DEGREES 03 MINUTES 27 SECONDS WEST ALONG THE NORTHEASTERN RIGHT OF WAY OF GAINESVILLE HIGHWAY, A DISTANCE OF 109.90 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 58 DEGREES 33 MINUTES 02 SECONDS WEST ALONG THE NORTHEASTERN RIGHT OF WAY OF GAINESVILLE HIGHWAY, A DISTANCE OF 221.68 FEET, TO AN IRON PIN; THENCE LEAVING SAID RIGHT OF WAY AND RUNNING NORTH 33 DEGREES 33 MINUTES 57 SECONDS EAST ALONG PROPERTY OF, NOW OR FORMERLY, TOLBERT, A DISTANCE OF 154.00 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 58 DEGREES 26 MINUTES 03 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, TOLBERT, A DISTANCE OF 104.00 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 32 DEGREES 09 MINUTES 54 SECONDS EAST ALONG PROPERTY OF, NOW OR FORMERLY, TOLBERT, A DISTANCE OF 55.25 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 58 DEGREES 26 MINUTES 27 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, TOLBERT, A DISTANCE OF 116.80 FEET, TO AN IRON PIN ON THE SOUTHEASTERN RIGHT OF WAY OF ACADEMY STREET (25 FOOT RIGHT OF WAY); THENCE RUNNING NORTH 35 DEGREES 35 MINUTES 08 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 67.78 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 32 DEGREES 28 MINUTES 24 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 267.64 FEET TO AN IRON PIN; THENCE RUNNING NORTH 30 DEGREES 25 MINUTES 37 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 96.27 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 31 DEGREES 58 MINUTES 53 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 104.70 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 33 DEGREES 17 MINUTES 55 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 79.27 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 39 DEGREES 45 MINUTES 55 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 84.94 FEET, TO AN IRON PIN; THENCE RUNNING SOUTH 26 DEGREES 24 MINUTES 24 SECONDS EAST ALONG OTHER PROPERTY OF, NOW OR FORMERLY, TOLBERT, A DISTANCE OF 327.17 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 73 DEGREES 17 MINUTES 04 SECONDS EAST ALONG PROPERTY OF, NOW OR FORMERLY, TOLBERT, A DISTANCE OF 331.47 FEET, TO A CONCRETE RIGHT OF WAY MONUMENT ON THE SOUTHWESTERN RIGHT OF WAY OF U.S. HIGHWAY 129/STATE ROUTE 11 (VARIABLE RIGHT OF WAY); THENCE RUNNING SOUTHEASTERLY ALONG SAID RIGHT OF WAY, FOLLOWING THE CURVATURE THEREOF, ALONG THE ARC OF A CURVE TO THE RIGHT (HAVING A RADIUS OF 3649.02 FEET) A DISTANCE OF 475.27 FEST, TO A POINT, SAID POINT BEING SOUTH 26 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 474.93 FEET, FROM THE PREVIOUS CONCRETE MONUMENT; THENCE RUNNING SOUTH 23 DEGREES 05 MINUTES 57 SECONDS EAST ALONG SAID RIGHT OF WAY, A DISTANCE OF 154.37 FEET, TO AN IRON PIN; THENCE LEAVING SAID RIGHT OF WAY AND RUNNING SOUTH 16 DEGREES 23 MINUTES 48 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, MUHANNA, A DISTANCE OP 147.93 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 82 DEGREES 46 MINUTES 14 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, DAVIS, A DISTANCE OF 195.47 FEET, TO AN IRON PIN; THENCE RUNNING SOUTH 18 DEGREES 32 MINUTES 44 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, DAVIS, A DISTANCE OF 197.53 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 59 DEGREES 21 MINUTES 46 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, MCEVER, A DISTANCE OF 226.19 FEET, TO AN POINT; THENCE RUNNING NORTH 60 DEGREES 20 MINUTES 06 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, MCEVER, A DISTANCE OF 65.18 FEET, TO AN IRON PIN; THENCE RUNNING NORTH 57 DEGREES 47 MINUTES 35 SECONDS WEST ALONG, PROPERTY OF, NOW OR FORMERLY, MCEVER, A DISTANCE OF 111.48 FEET, TO AN IRON PIN; THENCE RUNNING SOUTH 33 DEGREES 34 MINUTES 33 SECONDS WEST ALONG PROPERTY OF, NOW OR FORMERLY, MCEVER, A DISTANCE OF 219.70 FEET, TO AN IRON PIN ON THE NORTHEASTERN RIGHT OF WAY OF GAINESVILLE HIGHWAY, THE PLACE OR POINT OF BEGINNING. TOGETHER WITH ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 428, CITY OF PENDERGRASS, JACKSON COUNTY, GEORGIA, AS SHOWN AND DELINEATED AS TRACT 2, BEING 0.5713 ACRE, MORE OR LESS, ON PLAT OF SURVEY FOR BCM DEVELOPERS, LLC BY TERRAMARK PROFESSIONAL LAND SURVEYING DATED MAY 25, 2006, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING, BEGIN AT THE NORTHEASTERNMOST CORNER OF THE ABOVE STATED TRACT 1 WHICH ADJOINS U.S. HIGHWAY 129/STATE ROUTE 11 ON THE SOUTHWESTERN RIGHT OF WAY OF U.S. HIGHWAY 129/STATE ROUTE 11; THENCE PROCEED FROM SAID CONCRETE MONUMENT NORTH 74 DEGREES 21 MINUTES 38 SECONDS EAST, A DISTANCE OF 294.64 FEET, TO A CONCRETE MONUMENT ON THE NORTHEASTERN RIGHT OF WAY OF U.S. HIGHWAY 129/STATE ROUTE 11, THE PLACE OR POINT OF BEGINNING; THENCE RUNNING NORTH 74 DEGREES 28 MINUTES 32 SECONDS EAST ALONG PROPERTY OF, NOW OR FORMERLY, MUHANNA, A DISTANCE OF 205.53 FEET, TO AN IRON PIN; THENCE RUNNING SOUTH 16 DEGREES 23 MINUTES 48 SECONDS WEST, A DISTANCE OF 289.16 FEET, TO A CONCRETE RIGHT OF WAY MONUMENT ON THE NORTHEASTERN RIGHT OF WAY OF U.S. HIGHWAY 129/STATE ROUTE 11; THENCE RUNNING NORTHWESTERLY ALONG SAID RIGHT OF WAY, ALONG THE ARC OF A CURVE TO THE LEFT (HAVING A RADIUS OF 3934.45 FEET) A DISTANCE OF 251.06 FEET, TO A CONCRETE RIGHT OF WAY MONUMENT, SAID MONUMENT BEING NORTH 27 DEGREES 37 MINUTES 43 SECONDS WEST, A DISTANCE OF 251.02 FEET, FROM THE PREVIOUS CONCRETE MONUMENT, AND BEING THE PLACE OR POINT OF BEGINNING. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is INTERNATIONAL HOSPITALITY, LLC or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Gwinnett Community Bank and its counsel are acting as debt collectors. Any information obtained will be used for that purpose. Gwinnett Community Bank as Attorney-in-Fact for INTERNATIONAL HOSPITALITY, LLC Contact: Brian Pierce, Esq. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Monarch Plaza, Suite 1600 3414 Peachtree Road, N.E. Atlanta, Georgia 30326 Telephone (404) 577-6000 (MA9,16,23,30P4)