Notice Content
STATE OF GEORGIA
COUNTY OF GWINNETT
NOTICE OF SALE UNDER POWER
WHEREAS, Carey Norcross, L.L.C., a Delaware limited liability company (Borrower), executed and delivered to PNC Bank, National Association (Original Lender), that certain Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents (the Security Deed), made as of June 1, 2006, filed and recorded June 16, 2006 as Deed Book 46635, beginning at Page 436, with the Clerk of Superior Court of Gwinnett County, Georgia (the Gwinnett County Records), as such Security Deed was amended pursuant to that certain First Amendment to the Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents, dated June 1, 2006, filed and recorded December 29, 2006 in Deed Book 47412, beginning at Page 727, in the Gwinnett County Records, as such Security Deed was sold, assigned, granted, transferred, set over and conveyed by Original Lender to Wells Fargo Bank, N.A., as trustee for the registered holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2006-C3 (Holder), pursuant to that certain Assignment of Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents and Assignment of Leases and Rents, made as of June 6, 2006, filed and recorded December 3, 2008 in Deed Book 49186, Page 533, in the Gwinnett County Records (said Security Deed, as so assigned, being hereinafter called the Security Instrument); and
WHEREAS, under and pursuant to the Security Instrument, Borrower thereby irrevocably granted, bargained, sold, transferred, conveyed, assigned and set over to Holder, its successors and assigns, with the right to entry and possession, all of its estate, right, title and interest in to, and under any and all of the following described property (collectively the Mortgaged Property), whether then owned or held or thereafter acquired:
(a) The real property described as follows (the Premises):
All that tract or parcel of land lying in and being in Land Lots 330, 331, 348 and 349 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:
Commencing at a PK nail set at the common land lot corners of Land Lots 330, 331, 348, and 349; THENCE North 31 degrees 16 minutes 55 seconds West for a distance of 980.64 feet along the westerly land lot line of Land Lot 349 to a 1/2 rebar set, said point being THE POINT OF BEGINNING;
THENCE North 58 degrees 55 minutes 19 seconds East for a distance of 83.12 feet leaving the westerly land lot line of Land Lot 349 to a 1/2 rebar set; THENCE North 31 degrees 04 minutes 41 seconds West for a distance of 110.00 feet to a 1/2 rebar set; THENCE North 59 degrees 04 minutes 27 seconds West for a distance of 155.51 feet to a 1/2 rebar set; THENCE North 31 degrees 16 minutes 55 seconds West for a distance of 322.72 feet to a 1/2 rebar set; THENCE North 87 degrees 43 minutes 28 seconds West for a distance of 13.20 feet to a 1/2 rebar set; THENCE North 31 degrees 16 minutes 55 seconds West for a distance of 294.59 feet to a 1/2 rebar found on the south bank of The Chattahoochee River; THENCE along the south bank of the Chattahoochee River a distance of 2084 feet, more or less, the following courses and distances (to be used as reference points only):
THENCE North 75 degrees 37 minutes 46 seconds East for a distance of 122.14 feet to a point; THENCE North 82 degrees 15 minutes 19 seconds East for a distance of 144.80 feet to a point; THENCE North 81 degrees 47 minutes 25 seconds East for a distance of 119.46 feet to a point; THENCE North 84 degrees 38 minutes 57 seconds East for a distance of 272.96 feet to a point; THENCE South 88 degrees 59 minutes 31 seconds East for a distance of 104.94 feet to a point; THENCE North 85 degrees 50 minutes 42 seconds East for a distance of 117.51 feet to a point; THENCE South 81 degrees 27 minutes 42 seconds East for a distance of 116.05 feet to a point; THENCE South 85 degrees 34 minutes 32 seconds East for a distance of 113.37 feet to a point; THENCE South 76 degrees 00 minutes 19 seconds East for a distance of 77.44 feet to a point; THENCE South 83 degrees 12 minutes 48 seconds East for a distance of 64.79 feet to a point; THENCE South 82 degrees 39 minutes 14 seconds East for a distance of 91.33 feet to a point; THENCE South 78 degrees 00 minutes 05 seconds East for a distance of 107.11 feet to a point; THENCE South 82 degrees 39 minutes 19 seconds East for a distance of 73.15 feet to a point; THENCE South 82 degrees 58 minutes 51 seconds East for a distance of 69.03 feet to a point; THENCE South 85 degrees 26 minutes 05 seconds East for a distance of 100.36 feet to a point; THENCE South 84 degrees 43 minutes 49 seconds East for a distance of 49.10 feet to a point; THENCE South 79 degrees 21 minutes 54 seconds East for a distance of 114.23 feet to a point; THENCE South 84 degrees 33 minutes 53 seconds East for a distance of 130.89 feet to a point; THENCE South 83 degrees 43 minutes 01 seconds East for a distance of 95.67 feet to a 1/2 rebar found; THENCE South 00 degrees 36 minutes 37 seconds East for a distance of 847.17 feet leaving the south bank of The Chattahoochee River to a 3/8 rebar found on the southerly land lot line of Land Lot 349;
THENCE South 58 degrees 41 minutes 33 seconds West for a distance of 479.09 feet along the southerly land lot line of Land Lot 349 to a 3/8 rebar found; THENCE South 39 degrees 32 minutes 52 seconds West for a distance of 900.94 feet leaving the southerly land lot line of Land Lot 349 to a 3/8 rebar found; THENCE South 05 degrees 47 minutes 55 seconds West for a distance of 209.67 feet to a 1/2 rebar found; THENCE South 31 degrees 15 minutes 23 seconds East for a distance of 1134.53 feet to a 1/2 rebar found on the northerly right-of-way of East Jones Bridge Road (having a 80 foot right-of-way);
THENCE along the northerly right-of-way of East Jones Bridge Road the following courses and distances:
THENCE North 72 degrees 03 minutes 25 seconds West for a distance of 77.45 feet to a point; THENCE North 72 degrees 49 minutes 45 seconds West for a distance of 70.00 feet to a point; THENCE North 74 degrees 11 minutes 30 seconds West for a distance of 94.00 feet to a point; THENCE North 73 degrees 52 minutes 00 seconds West for a distance of 95.00 feet to a point; THENCE North 74 degrees 16 minutes 45 seconds West for a distance of 94.00 feet to a point; THENCE North 73 degrees 51 minutes 15 seconds West for a distance of 185.40 feet to a point in the centerline of a creek;
THENCE leaving the northerly right-of-way of East Jones Bridge Road and along the centerline of said creek a distance of 2,368 feet, more or less the following courses and distances(to be used as reference points only):
THENCE North 24 degrees 15 minutes 06 seconds West for a distance of 17.18 feet to a point; THENCE North 36 degrees 54 minutes 03 seconds West for a distance of 48.77 feet to a point; THENCE North 31 degrees 04 minutes 53 seconds West for a distance of 49.76 feet to a point; THENCE North 50 degrees 13 minutes 44 seconds West for a distance of 28.84 feet to a point; THENCE North 39 degrees 04 minutes 34 seconds West for a distance of 24.14 feet to a point; THENCE North 16 degrees 34 minutes 28 seconds West for a distance of 25.89 feet to a point; THENCE North 02 degrees 09 minutes 12 seconds East for a distance of 34.25 feet to a point; THENCE North 34 degrees 27 minutes 16 seconds West for a distance of 8.79 feet to a point; THENCE North 62 degrees 38 minutes 31 seconds West for a distance of 12.55 feet to a point; THENCE North 55 degrees 41 minutes 59 seconds West for a distance of 28.65 feet to a point; THENCE North 20 degrees 47 minutes 49 seconds West for a distance of 58.06 feet to a point; THENCE North 45 degrees 00 minutes 42 seconds West for a distance of 17.64 feet to a point; THENCE North 30 degrees 55 minutes 15 seconds West for a distance of 39.22 feet to a point; THENCE North 39 degrees 22 minutes 17 seconds West for a distance of 61.25 feet to a point; THENCE North 57 degrees 10 minutes 10 seconds West for a distance of 72.28 feet to a point; THENCE North 21 degrees 24 minutes 55 seconds West for a distance of 19.81 feet to a point; THENCE North 36 degrees 17 minutes 01 seconds East for a distance of 40.20 feet to a point; THENCE North 16 degrees 50 minutes 08 seconds West for a distance of 21.93 feet to a point; THENCE North 64 degrees 26 minutes 44 seconds West for a distance of 35.43 feet to a point; THENCE North 38 degrees 03 minutes 31 seconds West for a distance of 52.17 feet to a point; THENCE North 12 degrees 19 minutes 34 seconds West for a distance of 72.06 feet to a point; THENCE North 38 degrees 27 minutes 49 seconds West for a distance of 29.79 feet to a point; THENCE North 13 degrees 19 minutes 21 seconds West for a distance of 50.03 feet to a point; THENCE North 39 degrees 01 minutes 43 seconds West for a distance of 26.34 feet to a point; THENCE North 79 degrees 45 minutes 55 seconds West for a distance of 23.00 feet to a point; THENCE North 64 degrees 20 minutes 57 seconds West for a distance of 35.47 feet to a point; THENCE North 00 degrees 48 minutes 06 seconds West for a distance of 40.90 feet to a point; THENCE North 16 degrees 16 minutes 54 seconds East for a distance of 26.12 feet to a point; THENCE North 28 degrees 42 minutes 22 seconds West for a distance of 33.02 feet to a point; THENCE North 47 degrees 53 minutes 15 seconds West for a distance of 37.37 feet to a point; THENCE North 22 degrees 04 minutes 23 seconds West for a distance of 46.51 feet to a point; THENCE North 27 degrees 27 minutes 40 seconds West for a distance of 98.72 feet to a point; THENCE North 69 degrees 54 minutes 59 seconds West for a distance of 23.05 feet to a point; THENCE North 40 degrees 59 minutes 00 seconds West for a distance of 22.52 feet to a point; THENCE North 15 degrees 43 minutes 09 seconds West for a distance of 68.96 feet to a point; THENCE North 50 degrees 36 minutes 34 seconds West for a distance of 27.59 feet to a point; THENCE North 69 degrees 50 minutes 08 seconds West for a distance of 49.78 feet to a point; THENCE North 23 degrees 14 minutes 58 seconds West for a distance of 54.96 feet to a point; THENCE North 56 degrees 33 minutes 55 seconds West for a distance of 46.85 feet to a point; THENCE North 44 degrees 14 minutes 45 seconds West for a distance of 39.87 feet to a point; THENCE North 00 degrees 53 minutes 43 seconds East for a distance of 31.43 feet to a point; THENCE North 12 degrees 31 minutes 43 seconds West for a distance of 34.12 feet to a point; THENCE North 43 degrees 20 minutes 45 seconds West for a distance of 18.13 feet to a point; THENCE North 58 degrees 17 minutes 46 seconds West for a distance of 41.09 feet to a point; THENCE North 02 degrees 29 minutes 24 seconds West for a distance of 15.52 feet to a point; THENCE North 58 degrees 03 minutes 20 seconds East for a distance of 38.19 feet to a point; THENCE North 17 degrees 47 minutes 39 seconds East for a distance of 20.03 feet to a point; THENCE North 39 degrees 54 minutes 12 seconds West for a distance of 38.69 feet to a point; THENCE North 72 degrees 31 minutes 21 seconds West for a distance of 60.79 feet to a point; THENCE North 27 degrees 31 minutes 58 seconds West for a distance of 37.80 feet to a point; THENCE North 19 degrees 16 minutes 41 seconds West for a distance of 43.28 feet to a point; THENCE North 07 degrees 05 minutes 51 seconds East for a distance of 69.87 feet to a point; THENCE North 32 degrees 57 minutes 22 seconds East for a distance of 33.62 feet to a point; THENCE North 51 degrees 20 minutes 11 seconds East for a distance of 73.69 feet to a point; THENCE North 18 degrees 45 minutes 26 seconds West for a distance of 44.25 feet to a point; THENCE North 07 degrees 56 minutes 39 seconds West for a distance of 61.32 feet to a point; THENCE North 40 degrees 26 minutes 00 seconds West for a distance of 21.05 feet to a point; THENCE South 63 degrees 45 minutes 57 seconds West for a distance of 27.11 feet to a point; THENCE North 85 degrees 25 minutes 21 seconds West for a distance of 14.49 feet to a point; THENCE North 66 degrees 06 minutes 48 seconds West for a distance of 13.53 feet to a point; THENCE North 43 degrees 41 minutes 23 seconds West for a distance of 17.51 feet to a point; THENCE North 03 degrees 16 minutes 14 seconds West for a distance of 10.28 feet to a point; THENCE North 26 degrees 48 minutes 21 seconds West for a distance of 52.15 feet to a point; THENCE North 18 degrees 33 minutes 48 seconds West for a distance of 91.89 feet leaving the centerline of aforesaid creek to a 1/2 rebar set;
THENCE North 58 degrees 55 minutes 19 seconds East for a distance of 426.88 feet to THE POINT OF BEGINNING;
Said parcel contains 79.581 acres more or less;
Being the same as shown and depicted as Tract 2 on Plat of Subdivision, filed for record April 29, 1999, recorded in Plat Book 80, Page 297, Gwinnett County, Georgia records;
TOGETHER WITH;
Reciprocal Easement and Development Agreement dated April 27, 1999, filed for record April 29, 1999 at 11:43 a.m., recorded in Deed Book 18274, Page 247, Gwinnett County, Georgia records, and Slope Easement and Temporary Construction Easement Agreement, dated April 23, 1999, filed for record April 29, 1999 at 11:43 a.m., recorded in Deed Book 18275, Page 1, Gwinnett County, Georgia records;
AND the buildings, structures, additions, enlargements, extensions, modifications, repairs, replacements and improvements then or thereafter located thereon (the Improvements);
(b) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto; and
(c) all other assets of Borrower, of every kind and nature, then existing and thereafter acquired and arising and wherever located, related to the ownership or operation of the Premises, including without limitation, accounts, deposit or reserve accounts, commercial tort claims, letter of credit rights, chattel paper (including electronic chattel paper), documents, instruments, investment property, general intangibles (including payment intangibles), software, goods, inventory, equipment, furniture and fixtures, all supporting obligations of the foregoing, and all cash and noncash proceeds and products (including without limitation insurance proceeds) of the foregoing, and all additions and accessions thereto, substitutions therefor and replacements thereof, and including, without limitation, the following:
(1) all machinery, equipment, fixtures (including but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), building equipment, materials and supplies, and other property of every kind and nature, whether tangible or intangible, owned by Borrower, or in which Borrower then had or thereafter shall have had an interest, then or thereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements (hereinafter collectively called the Equipment), including the proceeds of any sale or transfer of the foregoing, and, without limiting the generality of the foregoing, if any such Equipment is subject to any prior security interest or prior security agreement (as such terms are defined in the Uniform Commercial Code, as adopted and enacted in the state or states in which any of the Mortgaged Property is located), then the Mortgaged Property shall include all of the right, title and interest of Borrower in and to any such Equipment, together with all deposits and payments then or thereafter made by Borrower with respect to such Equipment;
(2) all awards, payments or compensation, including interest thereon, theretofore or thereafter made with respect to the Mortgaged Property for any injury or decrease in the value of the Mortgaged Property related to any exercise of the right of eminent domain or condemnation (including without limitation, any transfer made in lieu of or in anticipation of the exercise of said rights or for a change of grade);
(3) all leases, reciprocal easement agreements, and other agreements and arrangements affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or at the Premises and the Improvements theretofore or thereafter entered into (the Leases), all income, rents (including, without limitation, all percentage rents), issues, profits and revenues (including all oil and gas or other mineral royalties and bonuses) from the Mortgaged Property (the Rents) and all proceeds from the safe or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt (as defined in the Security Instrument);
(4) all proceeds of, and any unearned premiums on, any insurance policies covering the Mortgaged Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Mortgaged Property;
(5) the right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to commence any action or proceeding to protect the interest of Holder in the Mortgaged Property; and
(6) all other property or collateral of any nature whatsoever, then or thereafter given as additional security for the payment of the Debt, including without limitation, property management agreements then or thereafter entered into with any person or entity providing management services to the Mortgaged Property, service contracts, common area agreements, licenses, permits, construction warranties and other contracts, agreements and instruments relating to the Mortgaged Property (including, without limitation, agreements pursuant to which Borrower acquired any of the Mortgaged Property, and including any security or indemnities given in connection therewith), security deposits, royalties, refunds, expense reimbursements, reserve or escrow deposits or accounts related to the Mortgaged Property or any Lease and all documents relating to each of the foregoing.
WHEREAS, the Security Instrument secures, in part, that certain loan (the Loan) to Borrower made by Original Lender, as evidenced by that certain Promissory Note (the Note), dated June 1, 2006, in the original principal amount of $30,000,000.00, executed by Borrower and payable to the order of Original Lender, as such Note was endorsed and assigned to Holder; and
WHEREAS, defaults and Events of Default (as defined in the Security Instrument) have occurred and are continuing under the Note and the Security Instrument, specifically including, without limitation, the failure of Borrower to pay the payments due under the Note and the Other Security Documents (as defined in the Security Instrument) on the dates on which such payments were due; and
WHEREAS, by reason of such defaults and Events of Default, the Debt has been, and is hereby, accelerated and declared immediately due and payable, and the Security Instrument has become, is, and is hereby subject to foreclosure as provided by law, the Note and the Security Instrument; and
WHEREAS, prior to the consummation of the exercise of the power of sale contained in the Security Instrument and the consummation of the foreclosure sale of the Mortgaged Property, any and all funds, cash, letters of credit and other sums, if any, held by Holder for or on behalf of Borrower, in escrow, in reserve or in other accounts established under the Note, the Security Instrument and/or any Other Security Document, for payment of taxes, assessments and other similar charges levied against the Mortgaged Property, insurance, capital improvements, replacements, tenant improvements, leasing commissions or otherwise (collectively, the Funds) have been or shall be applied by Holder toward payment of the Debt, to the extent provided in the Note, the Security Instrument and the Other Security Documents.
NOW, THEREFORE, under and pursuant to the power of sale contained in the Security Instrument and according to the terms of the Security Instrument and the laws in such cases made and provided, Holder will expose the Mortgaged Property (less and except the Funds) for sale, at public sale to the highest bidder, for cash on that certain first Tuesday in June, 2016, being June 7, 2016, during the legal hours for sale, before the courthouse door in Gwinnett County, Georgia. The Mortgaged Property (less and except the Funds) will be sold subject to the following:
1. All outstanding taxes and assessments, and any additional taxes which result from a reassessment of the Mortgaged Property;
2. Rights and obligations of tenants in possession under unrecorded Leases, if any, as tenants only, with no option to purchase or right of first refusal;
3. Easement to Georgia Power Company recorded in Deed Book 77, Page 77, Gwinnett County Records;
4. Easement to Georgia Power Company from W. H. Medlock dated July 2, 1945, recorded August 10, 1945, in Deed Book 77, Page 79, Gwinnett County Records;
5. Easement to Georgia Power Company from Stockholder System, Inc., dated March 31, 1988, recorded April 27,1988 in Deed Book 4863, Page 189, Gwinnett County Records;
6. Sewer Easement from James H. Cowart to Gwinnett County, a political subdivision of the State of Georgia, dated February 9, 1984, recorded March 14, 1984 in Deed Book 2740, Page 477, Gwinnett County Records;
7. Sewer Easement from James H. Cowart to Gwinnett County, a political subdivision of the State of Georgia, dated February 28, 1984, recorded March 14, 1984 in Deed Book 2740, Page 480, Gwinnett County Records;
8. Sewer Easement from James H. Cowart to Gwinnett County, a political subdivision of the State of Georgia, dated February 18, 1987, recorded February 23, 1987 in Deed Book 4125, Page 195, Gwinnett County Records;
9. Sewer Easement from Larry A. Dean to Gwinnett County, a political subdivision of the State of Georgia, dated September 22, 1987, recorded February 7, 1991 in Deed Book 6388, Page 342, Gwinnett County Records;
10. Drainage Easement from Larry A. Dean to Jim Cowart, Inc., dated August 19, 1991, recoded August 20, 1991 in Deed Book 6704, Page 278, Gwinnett County Records;
11. Any claim that title to any portion of the present or former bed of any body of water, all or part of which is included within the Premises: (a) is vested in the State of Georgia because said portion: (i) falls below what is either the natural ordinary high water mark or natural mean high water line of navigable water lying adjacent to or within the Premises; or (ii) has been created by other than natural means and/or has accreted to any such portions so created; (b) is subject to the rights of the United States of America under its control of navigation and commerce as to any portion of the Premises; and (c) is, together with the Premises, subject to riparian or littoral rights;
12. Plat of survey for PNC Bank, Checkfree Corporation and Chicago Title Insurance Company by Post, Buckley, Schuh & Jernigan, Inc., certified by Julian D. Grace, GRLS 2679, dated 5/19/06, last revised 5/26/06, reveals the following:
a. south bank of the Chattahoochee River is northern property line;
b. electrical junction box and fire hydrant located in southeasternmost portion of the Mortgaged Property;
c. sanitary sewer line with manholes extend in westerly direction in southeasternmost portion of the Mortgaged Property (and parallel to E. Jones Bridge Road);
d. centerline of creek is southwestern boundary line of the Mortgaged Property;
e. three 24-inch CMPs running under asphalt drive all of which encroach over and onto aforesaid sanitary sewer easement;
f. barbed wire fence inside western boundary line of the Mortgaged Property;
g. power line with power pole encroach over and onto southeasternmost portion of the Mortgaged Property (at E. Jones Bridge Road);
h. sanitary sewer line extends outside boundaries of sanitary sewer easement both of which are located in northwestern portion of the Mortgaged Property; planter and asphalt drive encroach over and onto said sanitary sewer easement (shown as Deed Book 6388, Page 342);
i. sewer easement extends under two-story steel and glass building (next to pool) and located in northwestern portion of the Mortgaged Property; and
j. portion of 3-story frame structure encroach over and onto said sanitary sewer easement (shown as Deed Book 6388, Page 342) in eastern portion of the Mortgaged Property.
13. Reciprocal Easement and Development Agreement, dated April 27, 1999, recorded April 29, 1999 in Deed Book 18274, Page 247, Gwinnett County Records;
14. Plat of Subdivision, recorded April 29, 1999 in Plat Book 80, Page 297, Gwinnett County Records;
15. Slope Easement and Temporary Construction Easement Agreement between Checkfree Corporation, a Delaware corporation, and Carlyle Norcross, L.L.C., a Delaware limited liability company, dated April 23, 1999, recorded April 29, 1999 in Deed Book 18275, Page 1, Gwinnett County Records;
16. Easement from Carlyle Norcross, LLC to Gwinnett County Water and Sewerage Authority, dated May 3, 1999, recorded May 24, 1999 in Deed Book 18440, Page 179, Gwinnett County Records;
17. Collateral Assignment of Deed, by Carey Norcross, L.L.C., a Delaware limited liability company, to PNC Bank, National Association, dated July 1, 2006, recorded June 16, 2006 in Deed Book 46635, Page 501, Gwinnett County Records, as assigned to Wells Fargo Bank, N.A., as trustee for the registered holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2006-C3 pursuant to that certain Assignment of Collateral Assignment of Deed, effective as of June 6, 2006, recorded January 21, 2016 in Deed Book 54057, Page 854, in the Gwinnett County Records;
18. All valid zoning ordinances; and
19. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The Debt remaining in default and the aforesaid defaults and Events of Default continuing, the sale of the Mortgaged Property (less and except the Funds) under and pursuant to the power of sale contained in the Security Instrument will be made for the purpose of applying the proceeds thereof, as provided for in the Security Instrument and pursuant to applicable law.
The Mortgaged Property (less and except the Funds) 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 with respect thereto, with no assurance afforded as to the exact acreage of the Premises.
To the best of Holders knowledge and belief, the Mortgaged Property (less and except the Funds) is presently owned by Borrower, subject to the aforesaid interests of Holder and the matters set forth herein, and Borrower is the party in possession of the Mortgaged Property (less and except the Funds), subject to the aforesaid interests.
The notice to Borrower, pursuant to O.C.G.A. 44-14-162.2, has been provided by Holder to Borrower in accordance with said O.C.G.A. 44-14-162.2.
The undersigned may sell the Mortgaged Property (less and except the Funds) or any part of the Mortgaged Property (less and except the Funds) in such manner and order as Holder may elect and may sell that portion of the Mortgaged Property (less and except the Funds), which, under the laws of the State of Georgia, constitutes an estate or interest in real estate separately from that portion of the Mortgaged Property (less and except the Funds), which, under the laws of the State of Georgia, constitutes personalty and not an interest in the real estate, in which case separate bids will be taken therefor, or collectively in a single sale or lot, in which case a single bid will be taken therefor. Notice of the undersigneds intent shall be given by announcement made at the commencement of the public sale.
The recitals set forth hereinabove are hereby incorporated in and made a part of this Notice of Sale Under Power.
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C3, as agent and attorney-in-fact for CAREY NORCROSS, L.L.C., a Delaware limited liability company
By: C-III Asset Management LLC, a Delaware limited liability company, solely in its capacity as Special Servicer to Holder pursuant to that certain Pooling and Servicing Agreement dated as of June 1, 2006
By: its attorney-at-law:
/S. Bob Stupar/
S. Bob Stupar, Esq.
Kilpatrick Townsend & Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
950-418436, 5/12,19,26,6/2
Back