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 March 31, 2008 executed by HSB LLC (HSB) in favor of Bank of North GA div Synovus Bank (BNG) recorded in Book 48751, Page 0141, Gwinnett County, Georgia Records, as modified by that certain Loan Modification Agreement dated February 5, 2013 between HSB, 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 0009, aforesaid Records, as further modified by that certain Second Loan Modification Agreement dated August 5, 2014 between Synovus, HSB and Onesimus, recorded in Book 53059, Page 0350, 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 0868, aforesaid Records (as assigned, the Security Deed), securing that certain Universal Note dated September 5, 2011 in the principal amount of EIGHT HUNDRED THIRTEEN THOUSAND, SIX HUNDRED FOURTEEN AND 49/100 DOLLARS ($813,614.49) executed by HSB in favor of BNG, as amended by that certain Loan Modification Agreement dated February 5, 2013 between HSB, Synovus Bank and Onesimus, as further amended by that certain Second Loan Modification Agreement dated August 5, 2014 between Synovus, HSB 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 Buford Hwy., Building R, 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, being Tenant Space R-2, Tenant Space R-3, Tenant Space R-4, Tenant Space R-5, Tenant Space R-6 and Tenant Space R-7, Building R, Magnolia Condominium, a condominium as shown on that certain Condominium Survey for Magnolia, Phase 10, Building R, prepared by Rochester & Associates, Inc., Mark R. Banfield, G.R.L.S. No. 2603, dated August 28, 2003, and recorded in Condominium Plat Book 3, page 106, Gwinnett County Records, said floor plans for Tenant Space R-2, Tenant Space R-3, Tenant Space R-4, Tenant Space R-5, and Tenant Space R-6, Building R (the Plans) being shown on Magnolia Executive Community Plans for Building R, dated January 13, 2003, as last revised September 1, 2003, prepared by Atlanta Design Associates, William D. Still, State of Georgia Registered Architect Certificate No. 006622, said Plans recorded in Condominium Floor Plan No. 2697 through 2711, Gwinnett County Records, together with all the rights, title and interest of Grantor in the aforesaid Tenant Space R-2, Tenant Space R-3, Tenant Space R-4, Tenant Space R-5, and Tenant Space R-6, Building R and the easements, rights-of-way, strips, gores, ways, alleys, passages, sewer rights, waters, water courses, water rights and owners, and all estates, rights, title, interests, privileges, liberties, tenements, hereditaments and appurtenances, Limited Common Elements and appurtenances thereto as set forth in the Declaration of Condominium for Magnolia Condominium recorded in Deed Book 19672, page 137, Gwinnett County, Georgia records, as amended by that certain First Supplementary Declaration to Declaration of Condominium for Magnolia Condominium recorded July 19, 2000, in Deed Book 20931, page 225, aforesaid records, as further amended by that certain Second Supplementary Declaration to Declaration of Condominium for Magnolia Condominium recorded August 15, 2000, in Deed Book 21100, Page 204, aforesaid records, and as further amended by that certain Third Supplementary Declaration to Declaration of Condominium for Magnolia Condominium recorded May 9, 2001, in Deed Book 23106, page 12, aforesaid records, as further supplemented by that certain Fourth Supplementary Declaration of Condominium for Magnolia Condominium recorded in Deed Book 26248, page 207, aforesaid records; as further supplemented by that certain Fifth Supplementary Declaration of Condominium for Magnolia Condominium recorded in Deed Book 27873, page 260, aforesaid records; as further supplemented by that certain Sixth Supplementary Declaration of Condominium for Magnolia Condominium recorded in Deed Book 30753, page 261, aforesaid records, as further supplemented by that certain Seventh Supplementary Declaration of Condominium for Magnolia Condominium recorded in Deed Book 31620, page 71, aforesaid records (which Seventh Supplementary Declaration subdivided Building E); as further supplemented by that certain Eighth Supplementary Declaration recorded in Deed Book 32675, page 205, aforesaid records, and as further supplemented by that certain Ninth Supplementary Declaration recorded in Deed Book 34607, page 232, aforesaid records (as amended and supplemented, the Declaration), including such undivided interest in the Common Elements as set forth in 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 HSB 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
HSB, 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
950-434512, 8/11,18,25,9/1
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