Detail Back

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GWINNETT By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (With Assignment of Rents) from TRIDENT PARTNERS, LLC, a Georgia limited liability company (Grantor), to BERKSHIRE LIFE INSURANCE COMPANY, a Massachusetts corporation (Original Grantee), dated April 1, 1999, and recorded in Deed Book 18124, Pages 12-45, Gwinnett County, Georgia Superior Court Records; as assigned by Assignment of Deed to Secure Debt and Security Agreement (With Assignment of Rents) from Guardian Life Insurance Company of America (as successor by merger to Berkshire Life Insurance Company) to Berkshire Life Insurance Company of America dated July 1, 2001, recorded July 11, 2001, in Deed Book 23793, Page 126, aforesaid records; as modified by First Consolidated Amendatory Agreement between Grantor and Berkshire Life Insurance Company of America recorded December 6, 2005, in Deed Book 45548, Pages 30-49, aforesaid records; as assigned by Assignment of First Consolidated Amendatory Agreement Modifying and Amending that Certain Deed to Secure Debt and Security Agreement (With Assignment of Rents) from Berkshire Life Insurance Company of America to The Guardian Life Insurance Company of America dated as of February 1, 2015, recorded February 23, 2015, in Deed Book 53392, Pages 454-457, aforesaid records; as further assigned to HANOVER SUWANEE CENTER LLC, a Delaware limited liability company (Grantee) (said Deed to Secure Debt and Security Agreement (With Assignment of Rents), as may have been further modified and assigned from time to time, hereinafter referred to collectively as the Security Deed), said Security Deed being given to secure, inter alia, the payment of a promissory note dated April 1, 1999, made by Grantor to the order of Original Grantee in the original principal amount of ONE MILLION NINE HUNDRED FIFTY THOUSAND and 00/100 Dollars ($1,950,000.00), as modified and restated by Amended and Restated Promissory Note dated November 30, 2005, from Grantor to Berkshire Life Insurance Company of America, which, inter alia, modified the principal amount to $1,900,000.00, with interest from the date thereof at the rate specified therein (said promissory note, as may have been further renewed, modified and assigned from time to time, hereinafter referred to collectively as the Note, and together with the Security Deed and any other documents given to evidence, secure and/or guaranty the loan evidenced by the Note, hereinafter collectively referred to as the Loan Documents), the Loan Documents having been transferred and assigned to Grantee, together with all other amounts payable by Grantor to Grantee, 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 of June, 2016, all of Grantors right, title and interest in and to the real property described in Exhibit A attached hereto and incorporated herein (referred to herein either as the Land or the Exhibit A Property) TOGETHER WITH (1) All of Grantors right, title and interest in and to all buildings and improvements of every kind and description, including paving, erected or placed thereon and all materials placed thereon intended for construction, reconstruction or alteration and repairs of such buildings and improvements, all of which materials shall be deemed to be included as Secured Premises (as hereinafter defined) immediately upon delivery thereof to the Secured Premises. (2) All personal property, equipment or fixtures owned by Grantor and attached to, contained in or used in connection with the Exhibit A Property, and all renewals and replacements thereof, including but not limited to all apparatus, machinery, motors, elevators, fittings and radiators; all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning and sprinkler equipment; all awnings, storm windows and doors; mantels, cabinets, rugs, carpeting, linoleum, stoves, shades, draperies, blinds and water heaters; such other goods and chattels and personal property as are owned by Grantor and are usually furnished by landlords in letting an unfurnished building, or which shall be attached to said buildings and improvements by nails, screws, bolts, pipe connections, masonry or in any other such manner, and, if owned by Grantor, all built-in equipment as may be shown by plans and specifications. (3) All of Grantors right, title and interest (if any) in and to the estates and rights in and to the Exhibit A Property and to all lands lying in streets, alleys, and roads adjoining the real property and all buildings, structures, improvements, fixtures and annexations, access rights, easements, rights-of-way or use, servitudes, licenses, tenements, hereditaments and appurtenances belonging or pertaining to the real property. (4) All water, sanitary and storm sewer systems owned by Grantor which are located by, over and upon the real property described in Exhibit A, or any part or parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances, subject to rights of third parties who have been granted rights to use such systems. (5) All of Grantors right, title and interest in and to all unearned premiums of insurance for fire, casualty, extended coverage, liability or rent loss, from time to time existing, relating to or covering the Secured Premises. (6) All of Grantors right, title and interest in and to all rents, issues and profits, contract rights, accounts, and general intangibles now accrued or hereafter accruing from the sale, lease, use, ownership or operation of the Secured Premises, including awards for taking by eminent domain and insurance proceeds and damage awards form loss to the Secured Premises. (7) All of Grantors right, title and interest in and to all awards, or payments, including interest thereon, due or accruing pursuant to exercise of governmental or private right of eminent domain proceedings, alteration of grade of street, or other injury to or decrease in value of the Secured Premises, to the extent of the full amount of the Indebtedness secured hereby and of costs and expenses (including reasonable attorneys fees actually incurred) incurred by Grantee in the collection of such amounts, costs and expenses. (8) All proceeds and replacements of any of the foregoing. All of the above, together with the Land, herein referred to either as the Secured Premises or the Property. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed including, but not limited to, the failure to make payments thereunder when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys fees as provided in the Note and Security Deed, notice of intention to collect attorneys fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. Grantee reserves the right to sell the Property in one parcel and as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of Grantees knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor. Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, covenants, rights?of?way, easements, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to of record by Grantee. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HANOVER SUWANEE CENTER LLC, a Delaware limited liability company, AS ATTORNEY-IN-FACT FOR TRIDENT PARTNERS, LLC, a Georgia limited liability company Taylor English Duma LLP 1600 Parkwood Circle, Suite 400 Atlanta, Georgia 30339 Attn: Wade A. Buser, Esq. (678) 336-7229 EXHIBIT A ALL THAT TRACT or parcel of land lying and being in Land Lot 238 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: Begin at the intersection of the southeasterly margin of the right-of-way of Peachtree Industrial Boulevard (200 foot right-of-way) and the Land Lot Line common to Land Lots 237 and 238, aforesaid District and County, said point being the TRUE POINT OF BEGINNING; proceed thence along said Land Lot Line S 29deg. 45 00 E a distance of 307.80 feet to a point marked by an open top pipe found on the northerly margin of the right-of-way of Eva Kennedy Road (80 foot right-of-way); proceed thence along said right-of-way margin the following courses and distances: (i) S 71deg. 42 36 W a distance of 305.93 feet to a point marked by a concrete monument found, (ii) S 74deg. 41 09 W a distance of 112.40 feet to a point marked by a concrete monument found, and (iii) N 41deg. 40 14 W a distance of 133.23 feet to a point marked by an iron pin set at the intersection of the northeasterly margin of the right-of-way of Eva Kennedy Road and the southeasterly margin of the right-of-way of Peachtree Industrial Boulevard; proceed thence along the southeasterly margin of the right-ofway of Peachtree Industrial Boulevard N 48deg. 45 50 E a distance of 445.12 feet to a point marked by the intersection of said right-of-way margin and the Land Lot Line common to Land Lots 237 and 238, aforesaid District and County, said point being the TRUE POINT OF BEGINNING; containing 2.145 acres, more or less, and being described according to a certain ALTA/ACSM Land Title Survey for Trident Partners, LLC, Berkshire Life Insurance Company and Chicago Title Insurance Company, dated March 15, 1999, prepared by Survey Concepts, Inc., and bearing the seal of O. Eugene Kay, Georgia Registered Land Surveyor No. 1943, which survey is incorporated herein by this reference and made a part hereof. 950-414056, 5/12,19,26,6/2

Back