Notice Content
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF GWINNETT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement dated January 8, 2008 executed by Building G LLC (Building G) in favor of Bank of North GA div Synovus Bank (BNG) recorded in Book 48561, Page 0680, Gwinnett County, Georgia Records, as modified by that certain Loan Modification Agreement dated February 5, 2013 between Building G, Synovus Bank, formerly known as Columbus Bank & Trust, successor-in-interest through name change and by merger with Bank of North Georgia (Synovus) and Onesimus Holdings, LLC (Onesimus), recorded March 5, 2013 in Book 52059, Page 0021, aforesaid Records, as further modified by that certain Second Loan Modification Agreement dated August 5, 2014 between Synovus, Building G and Onesimus, recorded in Book 53059, Page 0356, aforesaid Records, as further modified by that certain Master Security Deed Modification Agreement dated April 5, 2014, recorded May 18, 2015 in Book 53563, Page 0157, aforesaid Records, as assigned to NWE16, LLC (Holder) pursuant to that certain Assignment of Note and Other Loan Documents recorded July 14, 2015 in Deed Book 53687, Page 0862, aforesaid Records (as assigned, the Security Deed), securing that certain Universal Note dated August 1, 2011 in the principal amount of SEVEN HUNDRED TWENTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-NINE AND 62/100 DOLLARS ($728,989.62) executed by Building G in favor of BNG, as amended by that certain Loan Modification Agreement dated February 5, 2013 between Building G, Synovus Bank and Onesimus, as further amended by that certain Second Loan Modification Agreement dated August 5, 2014 between Synovus, Building G and Onesimus, as assigned to Holder (the Note), there will be sold at public outcry by Holder as attorney-in-fact of Grantors to the highest bidder for cash between the legal hours for sale before the Courthouse door in Gwinnett County, Georgia, on September 6, 2016, the following described land, improvements and appurtenances located at 1400-G Buford Hwy., Sugar Hill, Georgia 30518 (hereinafter collectively referred to as the Premises) to wit:
All that tract or parcel of land lying and being in Land Lot 258 of the 7th District, City of Sugar Hill, Gwinnett County, Georgia, designated as Future Building Site G according to a Boundary Survey for Magnolia Condominium, Buildings A, C, D & E; Future Building Sites B, F, G, H, J, K, L, M, N, R, S, T & W, and the Tennis Courts Tract for Herman & Jones, Inc., Magnolia Club, Inc., Blazer Ridge, Inc., Dean Reeves, Georgia First Bank and Lawyers Title Insurance Corporation, prepared by Civil Design, Inc., Scott VanWebb Parker, G.R.L.S. No. 2611, dated September 9, 1999, as last revised December 8, 1999, said tract being more particularly described according to said survey as follows:
TO LOCATE THE TRUE PLACE OR POINT OF BEGINNING, commence at the intersection of the centerline of Georgia Highway 20 with the northwesterly right of way line of Buford Highway (a/k/a S.R. 13) (200 foot right of way), and run thence along said northwesterly right of way line of Buford Highway in a generally southwesterly direction a distance of 1,387.00 feet to a point marked by a 1 inch open top pipe found; leaving said right of way line, run thence North 45 degrees 43 minutes 46 seconds West a distance of 663.27 feet to a point, said point being the TRUE PLACE OR POINT OF BEGINNING.
FROM THE TRUE PLACE OR POINT OF BEGINNING AS THUS ESTABLISHED, run thence North 38 degrees 05 minutes 06 seconds East a distance of 57.31 feet to a point; run thence South 51 degrees 54 minutes 54 seconds East a distance of 107.22 feet to a point; run thence South 38 degrees 05 minutes 06 seconds West a distance of 57.31 feet to a point; run thence North 51 degrees 54 minutes 54 seconds West a distance of 107.22 feet to a point, said point being the TRUE PLACE OR POINT OF BEGINNING.
THE ABOVE DESCRIBED PROPERTY is conveyed subject to the terms and conditions which apply to Additional Property as that term is defined and set forth in that certain Declaration of Condominium for Magnolia Condominium dated December 6, 1999, and recorded on December 6, 1999, at Deed Book 19672, page 137, Gwinnett County, Georgia records (the Declaration), including without limitation, the obligation to submit said real property to the Declaration at such time as improvements are completed in accordance with the terms of the Declaration.
FURTHER, THE ABOVE-DESCRIBED PROPERTY is conveyed together with the following easements:
A non-exclusive perpetual easement to access and connect to utilities located within those portions of the Additional Property and the Submitted Property (as said terms are defined in the Declaration) which are not Future Building Sites, Buildings, or Units (as said terms are defined in the Declaration) for the purpose of providing utility service to the above-described property;
A non-exclusive perpetual easement for vehicular and pedestrian ingress and egress to and from Buford Highway, and a non-exclusive perpetual easement for parking over those portions of the Additional Property and the Submitted Property, which are currently paved. A plat showing said driveways and parking areas is recorded in Condominium Plat Book 2, page 82, Gwinnett County, Georgia, records.
THE EASEMENTS DESCRIBED ABOVE SHALL TERMINATE AUTOMATICALLY AT SUCH TIME THAT THE ABOVE-DESCRIBED PROPERTY IS SUBMITTED TO THE DECLARATION.
(The land described in the foregoing legal description is referred to herein as the Land.)
TOGETHER with all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awnings and storm sashes attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, building supplies and materials, books and records, chattels, inventory, accounts, consumer goods, general intangibles and personal property of every kind and nature whatsoever, located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Land and the improvements located from time to time thereon, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions or proceeds from a permitted sale of any of the foregoing, all tradenames, trademarks, servicemarks, logos, and goodwill related thereto which in any way belong, relate or appertain to the Land and the improvements located thereon or any part thereof; and all inventory, accounts, chattel paper, documents, equipment, fixtures, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land.
TOGETHER with all building materials, fixtures, building machinery and building equipment delivered on site to the Land.
TOGETHER with all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, trees, timber and other emblements located on the Land or under or above the same or any part of parcel thereof or appurtenant to the title to the Land, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Land or any part thereof.
TOGETHER with all income, rents, issues, profits and revenues of the Property (including, without limitation, all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Building G or in a trust account and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now subject to foreclosure according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. Notice is hereby given in accordance with O.C.G.A. 44-14-162.2 that this Notice of Sale Under Power is being published in anticipation of a foreclosure sale on September 6, 2016. The name of the secured creditor is NWE16, LLC and the name, address and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed on behalf of NWE16, LLC is Kevin Kidd, 2250 NW Flanders St. Suite G02, Portland, OR 97210, telephone number 503-719-4931.
The Premises will be sold on an as is, where is basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys fees (notice of intention to collect attorneys fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantors, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigneds knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
NWE16, LLC, an Oregon limited liability company, as assignee of Synovus Bank, formerly known as Columbus Bank & Trust, successor-in-interest through name change and by merger with Bank of North Georgia
As Attorney-in-Fact for
BUILDING G, LLC
David W. Cranshaw, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
950-434583, 8/11,18,25,9/1
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