Detail Back

Notice Content

NOTICE OF SALE UNDER POWER THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By virtue of the power of sale contained in that certain that certain Deed to Secure Debt and Security Agreement from OAKWOOD VILLAGE DEVELOPMENT, LLC to THE BRAND BANKING COMPANY dated May 29, 2003 and recorded in Deed Book 32838 at Page 10, in the Records of the Clerk of Superior Court, Gwinnett County, Georgia, as modified by that certain Modification of Deed to Secure Debt to Add Borrower and Supplemental Deed to Secure Debt dated June 2, 2004 and recorded in Deed Book 38600 at Page 250, aforesaid records, as modified by that certain Modification Agreement to Promissory Note, Deed to Secure Debt and Security Agreement and Master Facility Loan Agreement to Extend Maturity Date dated June 2, 2005 and recorded in Deed Book 43728 at Page 96, aforesaid records, as modified by that certain Modification Agreement to Promissory Note, Deed to Secure Debt and Security Agreement and Master Facility Loan Agreement to Increase Indebtedness and Add Additional Guarantor dated July 25, 2005 and recorded in Deed Book 43728 at Page 108, aforesaid records, as modified by that certain Commercial Debt Modification dated March 27, 2009 and recorded in Deed Book 49498 at Page 1, aforesaid records, as modified by that certain Modification Agreement dated March 27, 2009 and recorded in Deed Book 49498 at Page 10, aforesaid records, as modified by that certain Modification Agreement dated June 18, 2009 and recorded in Deed Book 49555 at Page 808, aforesaid records, and as modified by that certain Modification Agreement dated April 27, 2010 and recorded in Deed Book 50064 at Page 486, aforesaid records (the Security Deed), there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the first Tuesday in July, 2016, the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 7 of the 3rd District, GMD 1749, Gwinnett County, Georgia, being Lots 17, 20, 42, 49, 50, and 51, Block A, Stone Ridge Manor (f/k/a Oakwood Village), as per plat recorded in Plat Book 118, Pages 17-19, Gwinnett County, Georgia Records, which plat is hereby incorporated herein by reference and made a part of this description. The debt secured by said Security Deed has been and is herby 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 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, encumbrances, zoning ordinances, restrictions, covenants, special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: The Brand Banking Company, 141 Hurricane Shoals Road, N.E., Lawrenceville, Georgia 30046-4459. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Oakwood Village Development, LLC, or a tenant or tenants. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. THE BRAND BANKING COMPANY, Attorney-in-Fact for Oakwood Village Development, LLC Christopher D. Holbrook, Esq. MAHAFFEY PICKENS TUCKER, LLP 1550 North Brown Road Suite 125 Lawrenceville, Georgia 30043 (770) 232-0000 PAGE 3 PAGE 3 950-423712, 6/9,16,23,30

Back