Notice Content
NOTICE OF POWER OF SALE CONTAINED IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF GWINNETT
Under and by virtue of the power of sale contained in that certain Security Deed from K & H Weiss, LLC (hereinafter referred to as Grantor) to Bank of North Georgia dated June 21, 2006, and recorded in Deed Book 46664, Page 850, and re-recorded in Deed Book 46746, Page 375, Gwinnett County, Georgia records, as amended and modified by that certain Modification Agreement dated June 20, 2013, and recorded in Deed Book 52394, Page 641, aforesaid records, as amended and modified by that certain Cross-Default and Cross-Collateralization Agreement dated June 20, 2013, and recorded in Deed Book 52482, Page 280, aforesaid records, as amended and modified by that certain Modification Agreement effective as of June 20, 2014, and recorded in Deed Book 53072, Page 68, aforesaid records, as amended and modified by that certain Modification Agreement effective as of December 5, 2014, and recorded in Deed Book 53358, Page 771, aforesaid records, as amended and modified by that certain Modification Agreement effective as of December 10, 2015, and recorded in Deed Book 54152, Page 704, aforesaid records (hereinafter referred to as the Security Deed), Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with Bank of North Georgia (hereinafter referred to as the Secured Creditor), the present holder of the Promissory Note and Security Deed defined herein, as attorney in fact for Grantor, will sell at public outcry to the highest and best bidder for cash between the legal hours of sale before the courthouse door of Gwinnett County, Georgia on the first Tuesday in September 2016, September 6, the following (the Property), to-wit:
All that tract or parcel of land lying and being in the City of Lawrenceville and in Land Lot 32 of the 7th District of Gwinnett County, Georgia, being more particularly described as follows:
Commence at a point located at the intersection of the westerly margin of the right of way of Lawrenceville-Suwanee Road and the northerly margin of the right of way of Duluth Highway, also known as Georgia Highway No. 120 (150 right of way); proceed thence in a westerly direction along the northerly margin of the right of way of Duluth Highway a distance of 1347.02 feet to a point marked by a pk nail found, said point being the TRUE POINT OF BEGINNING; thence continue along said right of way margin 131.08 feet along a curve to the left, said curve having a radius of 1984.86 feet and subtended by a chord with a distance of 131.06 feet and a direction of North 82 degrees 49 minutes 09 second West, to a point on the land lot line between land lot 32 and 33 marked by a 1/2 inch rebar found; thence, leaving said right of way margin and along the land lot line, proceed north 29 degrees 49 minutes 14 seconds west a distance of 170.62 feet to a point marked by a 1/2 inch rebar found; thence, leaving said land lot line, proceed north 60 degrees 10 minutes 34 seconds east a distance of 179.54 feet to a point marked by an iron pin found; thence proceed north 19 degrees 15 minutes 58 seconds east a distance of 39.40 feet to a point in the Yellow River; thence proceed south 12 degrees 41 minutes 54 seconds east a distance of 138.53 feet to an iron pin set; thence proceed 57.33 feet along a curve to the right, said curve having a radius of 41.00 feet and subtended by a chord with a distance of 52.77 feet and a direction of South 32 degrees 56 minutes 19 seconds east, to a drill hole set; thence proceed south 01 degrees 52 minutes 31 seconds west a distance of 41.87 feet to a point; thence proceed south 09 degrees 30 minutes 16 seconds west a distance of 70.59 feet to a pk nail found on the northerly right of way margin of Duluth Highway, said point being the TRUE POINT OF BEGINNING.
Said tract of land contains 0.866 acres, more or less, and is described according to a certain record survey for Robert and Kathie Toren dated May 17, 2005 prepared by Schmitt Engineering and Land Surveying, Inc. and bearing the seal of Philip J. Schmitt, Georgia Registered Land Surveyor No. 2387, which survey is incorporated herein by this reference and made a part hereof.
Said Security Deed secures, among other things, that certain promissory note dated June 20, 2013, made by Grantor in favor of Secured Creditor in the original principal amount of One Million Two Hundred Five Thousand Four Hundred Sixty Five and 32/100ths Dollars ($1,205,465.32), as amended and modified (the Promissory Note), with interest thereon, together with any and all other indebtedness owing by Grantor, as Borrower, to Secured Creditor.
The indebtedness arising from the Promissory Note has been and is hereby declared due because of default under the terms of the Promissory Note, including, but not limited to the nonpayment of principal and interest 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 Promissory Note and Security Deed, including attorneys fees as provided in the Promissory 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.
The following information is being provided in accordance with OCGA 44-14-162.2. Synovus Bank is the Secured Creditor under the Security Deed and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Security Deed and associated notes on behalf of the Secured Creditor: Synovus Bank, P.O. Box 120, Columbus, GA 31902; Telephone No.: (205) 868-6134, Attn: Foreclosures. OCGA 44-14-162.2 states in pertinent part that, nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.
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 said Security Deed.
Said property will be sold subject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rightsof-way, and easements 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 by the Secured Creditor.
To the best knowledge and belief of Secured Creditor, the equitable title to the Property is vested in Grantor.
Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger witH BANK OF NORTH GEORGIA, ATTORNEYINFACT FOR K & H WEISS, LLC
Attorney for Attorney-in-Fact
Randolph B. Jones, III
Page, Scrantom, Sprouse, Tucker & Ford, P.C.
1111 Bay Avenue, 3rd Floor
Post Office Box 1199
Columbus, Georgia 31902
(706) 324-0251
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.
950-435985, 8/11,18,25,9/1
Back