Notice Content
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF GWINNETT
UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (as amended, modified, extended, and/or renewed, the Security Deed) dated July 13, 2006, executed and delivered by ATHENS HIGHWAY PROPERTY, LLC (Grantor) to ATLANTA BUSINESS BANK, and recorded on July 20, 2006, in Deed Book 46774, at page 0512, Gwinnett County, Georgia records; as modified by that certain Modification Deed to Secure Debt and Security Agreement, dated July 31, 2007, recorded in Deed Book 48181, Page 0058, Gwinnett County, Georgia records; as further modified by that certain Second Modification Deed to Secure Debt and Security Agreement, dated August 22, 2008, recorded in Deed Book 49047, Page 0025, Gwinnett County, Georgia records; as further modified by that certain Third Modification Deed to Secure Debt and Security Agreement, dated September 25, 2009, recorded in Deed Book 49733, Page 0816, Gwinnett County, Georgia records; as further modified by that certain Fourth Modification Deed to Secure Debt and Security Agreement, dated January 25, 2010, recorded in Deed Book 49931, Page 0286, Gwinnett County, Georgia records; as further modified by that certain Fifth Modification Deed to Secure Debt and Security Agreement, dated October 18, 2012, recorded in Deed Book 51742, Page 0727, Gwinnett County, Georgia records; as further modified by that certain Sixth Modification Deed to Secure Debt and Security Agreement, dated December 8, 2014, recorded in Deed Book 53278, Page 0253, Gwinnett County, Georgia records; conveying the after-described property to secure that certain promissory note (as amended, modified, extended, and/or renewed, the Note) from ATHENS HIGHWAY PROPERTY, LLC to ATLANTA BUSINESS BANK dated July 13, 2006, in the original principal amount of Six Hundred Twenty Thousand and 00/100 Dollars ($620,000.00), Affinity Bank, as successor by name change to Atlanta Business Bank, being the current owner and holder of the Note, with interest thereon as set forth therein, there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Gwinnett County, Georgia during the legal hours of sale on the first Tuesday of June, 2016, of the following described property (the Property):
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 131 of 5th District, Gwinnett County, Georgia, containing 1.400 acres and being designated as Tract 2 according to that certain final plat for Creekside Sport Center prepared by Von Itter & McGee, Inc. by Robert W. Van Itter (GRLS No. 2251) and Mitchell E. McGee (GRE No. 26650), dated March 9, 2004, as last revised April 24, 2006, said plat being recorded at Plat Book 114, Page 197, Gwinnett County, Georgia records and being incorporated herein by reference.
TOGETHER WITH easements and rights contained in that certain Declaration of Reciprocal Easements by Creek Side Venture Partners, LLC, dated July 13, 2006, filed for record July 20, 2006, and recorded at Deed Book 46774, Page 496, aforesaid records.
The indebtedness secured by the Security Deed has been and is hereby declared due and payable by reason of default for, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and the Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying said debt and all expenses of this sale, as provided in the Security Deed and by law, including but not limited to attorneys fees (the statutory notice of intent to collect attorneys fees having been served).
The Property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable); any matters that might be disclosed by an accurate survey and/or inspection of the Property; any assessments, liens, encumbrances, zoning ordinances, restrictions, and covenants; and matters of record superior to the Security Deed. Additionally, this sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and subject to final confirmation and audit of the status of the loans with the holder of the Security Deed.
Notice to the debtor as required by O.C.G.A. 44-14-162.2 has been given. Please note that Affinity Bank, located at the business address of 5660 New Northside Drive, NW, Suite 200, Atlanta, Georgia 30328, is the entity that has the full authority to negotiate, amend or modify the terms of the loan documents. Affinity Bank can be contacted through the following representative, J. William Boone, Esq., James-Bates-Brannan-Groover-LLP, 3399 Peachtree Road, N.E., Suite 1700, Atlanta, Georgia, 30326, Tel: (404) 997-6020.
To the best knowledge and belief of Affinity Bank, the Property is in the possession of ATHENS HIGHWAY PROPERTY, LLC.
AFFINITY BANK, as successor by name change to Atlanta Business Bank, as Attorney-in-Fact for ATHENS HIGHWAY PROPERTY, LLC.
J. William Boone, Esq.
James-Bates-Brannan-Groover-LLP
3399 Peachtree Road N.E.
Suite 1700, Buckhead Tower
Atlanta, Georgia 30326
(404) 997-6020
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-418370, 5/12,19,26,6/2
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