Notice Content
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF Gwinnett
Under and by virtue of the Power of Sale in a certain (collectively the Security Deed) from Emory D. Ozburn and Scott Mozingo, Grantor, to MCINTOSH STATE BANK, Grantee, dated September 18, 2003; recorded in Deed Book 35429, Page(s) 12; as it may have been subsequently modified, AS LAST ASSIGNED TO HAMILTON STATE BANK, said Security Deed having been given to secure a Note dated September 18, 2003, in the original principal amount of One Million Twenty-Four Thousand One Hundred Ninety-One and 51/100 DOLLARS ($1,024,191.51), with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the courthouse door of Gwinnett County, Georgia, during the legal hours of sale on the first Tuesday in MAY, 2016, the following described property to wit:
ALL THAT TRACT or parcel of land lying and being in Land Lots 99 & 100 of the 7th District, Gwinnett County, Georgia containing 3.00 acres as shown on a plat of survey for David Matthew Csuka by Ruppe Engineering, Registered Land Surveyor, dated December 7, 1994 and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at the land lot corner common to Land Lots 99, 100, 137 & 138 of the 7th District; thence proceeding North 87 degrees 28 minutes East a distance of 530.94 feet to an iron pin; thence proceeding North 87 degrees 28 minutes East a distance of 119.6 feet to an iron pin; thence South 25 degrees 26 minutes 00 seconds East a distance of 153 feet to an iron pin; thence South 59 degrees 31 minutes 36 seconds West a distance of 846.67 feet to an iron pin and THE PLACE OR POINT OF BEGINNING; thence South 59 degrees 31 minutes 36 seconds West a distance of 594.3 feet to an iron pin on the northeastern margin of Gravel Springs Road; thence proceeding along the northeastern margin of Gravel Springs Road North 52 degrees 48 minutes 00 seconds West a distance of 221.0 feet to an iron pin; thence North 59 degrees 22 minutes 35 seconds East a distance of 678.26 feet to an iron pin; thence South 30 degrees 28 minutes 24 seconds East a distance of 206.21 feet to an iron pin and THE PLACE OR POINT OF BEGINNING.
TOGETHER WITH:
ALL THAT TRACT or parcel of land lying and being in Land Lots 99 & 100 of the 7th District, Gwinnett County, Georgia containing 4.00 acres as shown on a plat of survey for David Matthew Csuka by Ruppe Engineering, Registered Land Surveyor, dated December 7, 1994 and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at the land lot corner common to Land Lots 99, 100, 137 & 138 of the 7th District; thence proceeding North 87 degrees 28 minutes East a distance of 530.94 feet to an iron pin and THE PLACE OR POINT TO BEGINNING; thence proceeding North 87 degrees 28 minutes East a distance of 119.6 feet to an iron pin; thence South 25 degrees 26 minutes 00 seconds East a distance of 153 feet to an iron pin; thence South 59 degrees 31 minutes 36 seconds West a distance of 846.67 feet to an iron pin; thence North 30 degrees 28 minutes 24 seconds West a distance of 206.21 feet to an iron pin; thence North 59 degrees 22 minutes 35 seconds East a distance of 754.93 feet to an iron pin and THE PLACE OR POINT TO BEGINNING.
ALSO KNOWN AS:
ALL THAT TRACT or parcel of land lying and being in Land Lots 99 & 100 of the 7th District, Gwinnett County, Georgia containing 4.00 acres as shown on a plat of survey for David Matthew Csuka by Ruppe Engineering, Registered Land Surveyor, dated December 7, 1994 and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at the land lot corner common to Land Lots 99, 100, 137 & 138 of the 7th District; thence proceeding North 87 degrees 28 minutes East a distance of 530.94 feet to an iron pin; thence proceeding North 87 degrees 28 minutes East a distance of 119.6 feet to an iron pin; thence South 25 degrees 26 minutes 00 seconds East a distance of 153 feet to an iron pin; thence South 59 degrees 31 minutes 36 seconds West a distance of 846.67 feet to an iron pin; thence North 30 degrees 28 minutes 24 seconds West a distance of 206.21 feet to an iron pin; thence North 59 degrees 22 minutes 35 seconds East a distance of 754.93 feet to an iron pin and THE PLACE OR POINT TO BEGINNING.
TOGETHER WITH:
ALL THAT TRACT or parcel of land lying and being in Land Lots 99 and 100 of the 7th Land District, Gwinnett County, Georgia, containing 10.382 acres and shown as Tract 4 on boundary survey for Gravel Springs Road Tract, prepared by Development Consultants Group, dated August 21, 1995, and being more particularly described according to said survey as follows:
BEGINNING at a point at the intersection of the southern margin of the 60 foot right of way of Crabapple Lane and the western margin of the 60 foot right of way of Crabapple Circle; thence along the southern margin of said Crabapple Lane in a southwesterly direction 210.6 feet to an iron pin found; thence South 70 degrees 09 minutes 53 seconds West, a distance of 96.55 feet to an iron pin founds; thence North 33 degrees 16 minutes 51 seconds West, 160.17 feet to an iron pin found; thence South 56 degrees 44 minutes 48 seconds West, a distance of 1361.26 feet to an iron pin founds on the eastern margin of the 80 foot right of way of Georgia Highway No. 324, a/k/a Gravel Springs Road; thence along said right of way, North 33 degrees 29 minutes 52 seconds West, a distance of 295.17 feet to a point; thence 96.54 feet along the arc of a curve to the left having a radius of 11,499.156 feet, chord bearing of North 33 degrees 44 minutes 18 seconds West, and chord distance of 96.54 feet to a point; thence North 33 degrees 58 minutes 44 seconds West, a distance of 51.43 feet to a point; thence 172.24 feet along the arc of a curve to the left having a radius of 4,623.66 feet, chord bearing of North 35 degrees 02 minutes 46 seconds West and chord distance of 172.23 feet to a point; thence 279.28 feet along the arc of a curve to the left having a radius of 4,623.66 feet, chord bearing of North 37 degrees 50 minutes 37 seconds West, and chord distance of 279.24 feet to a point; thence North 39 degrees 34 minutes 27 seconds West, a distance of 34.89 feet to a point; thence 337.18 feet along the arc of a curve to the left having a radius of 3,859.72 feet, chord bearing of North 42 degrees 04 minutes 36 seconds West and chord distance of 337.07 feet to a point, being the TRUE POINT OF BEGINNING; thence continuing along said right of way North 44 degrees 34 minutes 46 seconds West, a distance of 25.46 feet to a point; thence 433.15 feet along the arc of a curve to the left having a radius of 8,634.37 feet, chord bearing of North 46 degrees 01 minutes 00 seconds West and chord distance of 433.11 feet to a point; thence North 47 degrees 27 minutes 13 seconds West, a distance of 125.46 feet to a point; thence 182.22 feet along the arc of a curve to the left having a radius of 3,859.72 feet, chord bearing of North 48 degrees 48 minutes 22 seconds West and chord distance of 182.00 feet to a point; thence departing said right of way North 60 degrees 13 minutes 55 seconds East, a distance of 1,240.60 feet to a point; thence South 24 degrees 16 minutes 14 seconds West, a distance of 1,242.49 feet to a point; thence South 45 degrees 25 minutes 14 seconds West, a distance of 10.00 feet to a point on the eastern margin of the 80 foot right of way of Georgia Highway No. 324, said point being the TRUE POINT OF BEGINNING.
LESS AND EXCEPT
ALL THAT TRACT OR PARCEL OF LAND BEING DESCRIBED IN QUITCLAIM DEED FROM MCINTOSH STATE BANK TO EMORY D. OZBURN AND SCOTT MOZINGO RECORDED MAY 11, 2007, IN DEED BOOK 47877, PAGE 512, GWINNETT COUNTY RECORDS, CONTAINING 20.649 ACRES.
ALSO, LESS & EXCEPT any portion of the Property conveyed by:
Right of Way Deed from Emory D. Ozburn, Charles C. Ozburn and Scott Mozingo to Gwinnett County, dated February 10, 2006, recorded March 6, 2006, in Deed Book 46226, Page 73, Gwinnett County, Georgia records
The debt secured by said Security Deed and Note has been and is hereby declared due and payable in full because of, among other possible events of default, failure to pay the indebtedness as and when due pursuant to the terms of said Security Deed and Note. Notice has been given of intention to enforce provisions for collection of attorneys fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note.
To the best of the undersigneds knowledge and belief the party in possession of the property is Emory D. Ozburn and Scott Mozingo, or a tenant or tenants thereof, and said property is more commonly known as follows:
Approximately 12.53 Acres +/-, Buford, GA 30519
Said property will be sold as the property of Emory D. Ozburn and Scott Mozingo, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorneys fees, as provided in said Security Deed, and the balance, if any, will be distributed as provided by law. Said property will be sold subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property (including taxes which are a lien but not yet due and payable); all outstanding or unpaid bills and assessments which may be liens upon said property, and any and all matters of record superior to the Security Deed mentioned herein.
HAMILTON STATE BANK
as Attorney-in-Fact for
Emory D. Ozburn and Scott Mozingo
NEEL, ROBINSON & STAFFORD, LLC
Shawn D. Stafford, Esq.
5555 Glenridge Connector
Suite 400
Atlanta, Georgia 30342
(404) 459-9600
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-411015, 4/7,14,21,28
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