Notice Content
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF GWINNETT
By virtue of the power of sale contained in that certain Security Deed from JACK DENNIS KILGORE (Grantor) to EASTSIDE COMMERCIAL BANK (Original Grantee), dated May 11, 2012, recorded on June 5, 2012, in Deed Book 51402, Page 1, Gwinnett County, Georgia Superior Court Records; as assigned to Gulf Coast Bank and Trust Company by Assignment recorded on March 10, 2015, in Deed Book 53420, Page 577, aforesaid records (said Security Deed 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 the payment of a Promissory Note dated July 18, 2008, made by JO-JEN, INC. (Borrower) to the order of Original Grantee in the original principal amount of TWO HUNDRED TWENTY-ONE THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($221,150.00), with interest from the date thereof at the rate specified therein, as last modified by that certain Change in Terms Agreement dated April 4, 2013, which, inter alia, modified the principal amount to $183,896.99 (said Promissory Note, as may have been further renewed, modified and assigned from time to time, hereinafter referred to collectively as the Note), the Federal Deposit Insurance Corporation having been appointed Receiver for Eastside Commercial Bank and said Note and Security Deed having been assigned by the Federal Deposit Insurance Corporation, as Receiver for Eastside Commercial Bank, to GULF COAST BANK AND TRUST COMPANY (Grantee) together with all other amounts payable 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 August, 2016, the following described real property:
All those certain tract or parcel of land lying and being in Land Lot 11 of the 7th Land District of Gwinnett County, Georgia, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference.
TOGETHER WITH ANY AND ALL of the following: (i) all buildings, structures and improvements located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all Rents accruing therefrom; (iv) all accounts and contract rights arising in connection with any part or parcel thereof or any buildings, structures, or improvements located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease affecting the land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements located thereon or thereunder or on or under any part of parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever located thereon, or in or on the buildings, structures and improvements thereon, and used in connection with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements located thereon or any part or parcel thereof.
All of the foregoing are hereinafter referred to collectively as the Premises.
The Real Property or its address is commonly known as 282 Lendon Lane, Lawrenceville, Georgia 30043.
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 Premises 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 Premises are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor.
Said Premises 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.
GULF COAST BANK AND TRUST COMPANY, ATTORNEY-IN-FACT FOR
JACK DENNIS KILGORE
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn: John J. Richard, Esq.
(678) 336-7172
EXHIBIT ?A?
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 11 OF THE 7TH LAND DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT NO THREE (3), BLOCK A, SECTION ONE (1) OF THE ED HARRIS SUBDIVISION AS SHOWN ON A PLAT OF SURVEY BY S.R. FIELDS, SURVEYOR, PREPARED MAY 6, 1964, REVISED SEPTEMBER 18, 1964, RECORDED IN PLAT BOOK L, PAGE 293, PLAT RECORDS OF GWINNETT COUNTY, AND DESCRIBED MORE PARTICULARLY ACCORDING TO SAID PLAT OF SURVEY AS FOLLOWS: BEGINNING AT AN IRON PIN CORNER ON THE SOUTHERLY RIGHT OF WAY OF LENDON LANE AT A COMMON CORNER WITH LOT NO. TWO (2), SAID BLOCK, SECTION AND SUBDIVISION, WHICH POINT IS 556.8 FEET WESTERLY, AS MEASURED ALONG THE SOUTHERLY RIGHT OF WAY LINE OF LENDON LANE FROM THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY OF LENDON LANE WITH THE CENTER LINE OF STATE HIGHWAY NO. 20, RUNNING THENCE IN A SOUTHERLY DIRECTION AND ALONG THE LINE OF LOT NO. TWO (2), A DISTANCE OF 144.3 FEET TO AN IRON PIN ON THE LINE OF PROPERTY NOW OR FORMERLY OWNED BY MARTIN; RUNNING THENCE NORTH 88 DEGREES 44 MINUTES WEST ALONG SAID MARTIN PROPERTY 100 FEET TO AN IRON PIN CORNER WITH LOT NO. FOUR (4), SAID BLOCK, SECTION AND SUBDIVISION; RUNNING THENCE NORTHERLY ALONG THE LINE OF LOT NO. FOUR (4), A DISTANCE OF 153 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LENDON LANE; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY OF LENDON LANE 100 FEET TO THE POINT OR PLACE OF BEGINNING. TAX ID: R7011 026.
950-429102, 7/7,14,21,28
Back