Notice Content
STATE OF GEORGIA
COUNTY OF GWINNETT
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from ACCUITY, LLC to FIRST BANK OF THE SOUTH N/K/A UNITED COMMUNITY BANK, dated February 28, 2006, recorded March 1, 2006, in Deed Book 46206, Page 568 and re-recorded July 18, 2006 in Deed Book 46761, Page 568, Gwinnett County, Georgia records; also that certain Assignment of Leases and Rents dated February 28, 2006, recorded in Deed Book 46206, Page 596, Gwinnett County, Georgia records, said Security Deed being given to secure a Note from ACCUITY, LLC dated February 28, 2006, in the original principal amount of Seven Hundred Fifty Thousand and 00/100 ($750,000.00) Dollars, with interest due thereon per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in June, 2016, the following described property:
TRACT I:
All that tract or parcel of land lying and being in Land Lot 54 of the 7th District of Gwinnett County, Georgia, being shown and designated as Tract A, being 1.5545 acres, more or less, on plat of survey for Franklin Iler & Pat Iler by Norton & Associates dated October 14, 1996, which plat is recorded in Plat Book 77, Page 151, Gwinnett County, Georgia records, which plat is incorporated by reference herein and made a part hereof.
Being the same property as described in that certain Warranty Deed recorded in Deed Book 15978, Page 140, aforesaid records.
TRACT II:
All that tract or parcel of land lying and being in Land Lot No. 54 of the 7th District of Gwinnett County, Georgia, and containing 3.66 acres as per plat made by S. R. Fields, Surveyor, on November 6, 1972, and said land is described as follows:
To find the True Point of Beginning, begin where the center line of Azalea Drive intersects the center line of Hwy No. 124; thence in a northwesterly direction 863 feet to a point; thence North 54 degrees 00 minutes East, 100 feet to a point; thence South 35 degrees 03 minutes East, 298 feet to a point; thence in a northeasterly direction,96 feet to an iron pin corner and the true point of beginning; thence North 34 degrees 20 minutes West, 487.3 feet to an iron pin; thence North 41 degrees 09 minutes East 132.6 feet to an iron pin; thence North 61 degrees 57 minutes East 298.6 feet to an iron pin; thence South 14 degrees 42 minutes East, 119 feet to an iron pin at oak; thence South 5 degrees 20 minutes East, 447.7 feet to an iron pin; thence 61 degrees 07 minutes West 168.8 feet to the Point of Beginning.
The above described property being the same property described in that certain Warranty Deed 10205, Page 97, Gwinnett County, Georgia records.
LESS AND EXCEPT from Tracts I and II, that portion of the property conveyed on those certain Right of Way Deeds recorded in Deed Book 43588, Page 63, Gwinnett County, Georgia records and Deed Book 45646, Page 1, aforesaid records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ACCUITY, LLC or a tenant or tenants.
FIRST BANK OF THE SOUTH N/K/A UNITED COMMUNITY BANK,
as attorney in Fact for ACCUITY, LLC
L. Lou Allen
Stites & Harbison, PLLC
520 West Main Street
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-03789
950-417914, 5/12,19,26,6/2
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