The Newnan Times-Herald 

Publication Name:
The Newnan Times-Herald

Publication URL:

Publication City and State:
Newnan, GA

Publication County:
Coweta

Notice Popular Keyword Category:

Notice Keywords:
foreclosure foreclosures

Notice Authentication Number:
201604070119386726713
3220054796

Notice URL:

Notice Publish Date:
Thursday, April 07, 2016

Notice Content

CLASS:007 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF COWETA Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from EDGAR PROPERTIES, LLC (the “Grantor”) to and in favor of First Bank Financial Services (“Lender”), dated May 30, 2008, recorded June 19, 2008 in Book 3360, Page 472-481, Coweta County, Georgia records, as transferred and assigned to MULTIBANK 2009-1 CRE VENTURE, LLC (“Holder”) by the FDIC, as receiver for Lender pursuant to that certain Assignment of Deed to Secure Debt recorded March 8, 2010 in Book 3545, page 540-552, aforesaid records, (as modified and assigned, the “Security Deed”); securing that certain Universal Note executed by Grantor to and in favor of Lender dated May 30, 2008 in the original principal sum of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS ($115,000.00), there will be sold at public outcry by Holder as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Coweta County, Georgia, on May 3, 2016, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit: All that tract or parcel of land lying and being in Land Lot 28 of the 5th District, Coweta County, Georgia, being Lot 55, Phase One of Belmont Park Subdivision, as per plat thereof recorded in Plat Book 79, page 79-82, Coweta County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description. The property is located at 34 Belmont Park Drive, Newnan, Georgia 30263. (The land described in the foregoing legal description is referred to herein as the "Land".) Together with all buildings, structures and other improvements of every kind and nature whatsoever now or hereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and material on or in the Land; Together with all and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way now or hereafter belonging, relating or appertaining to the Land or the improvements located hereon, on any part thereof, whether now owned or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and all right to receive excess payments in any tax sale of the Land and the improvements located hereon, or any part thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; Together with any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of the Land or the improvements located hereon, or any part thereof; Together with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements located thereon. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now subject to foreclosure according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. Notice is hereby given in accordance with O.C.G.A. § 44-14-162.2 that this Notice of Sale Under Power is being published in anticipation of a foreclosure sale on May 3, 2016. The name of the secured creditor is Multibank 2009-1 CRE Venture, LLC and the name, address and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed on behalf of Multibank 2009-1 CRE Venture, LLC is Graciela Burrola, 515 S. Flower Street, 44th Floor, Los Angeles, CA 90071, telephone number 310-552-7206. The Premises will be sold on an “as is, where is” basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto. The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises. To the best of the undersigned's knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor. MULTIBANK 2009-1 CRE VENTURE, LLC, as assignee of the Federal Deposit Insurance Corporation, as Receiver for First Bank Financial Services As Attorney-in-Fact for EDGAR PROPERTIES, LLC David W. Cranshaw, Esq. Morris, Manning & Martin, L.L.P. 1600 Atlanta Financial Center 3343 Peachtree Road, N.E. Atlanta, Georgia 30326 (404) 233-7000 No.64533-4-7-14-21-28