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, Assignment and Security Agreement, dated as of September 11, 2013, made by RM Kids, LLC (Grantor), in favor of Blackhawk Georgia Lender, LLC (Grantee), recorded in Deed Book 52513, Pages 0803-0840, with the Clerk of Superior Court, Gwinnett County, Georgia (the Records) (said Deed to Secure Debt, Assignment and Security Agreement, and as the same may have been modified and amended from time to time, the Security Deed), said Security Deed having been given to secure, among other things, the payment of the indebtedness evidenced by that certain Note, dated as of September 11, 2013, made by Grantor to the order of Grantee in the original principal face amount of THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) (as the same may have been modified and amended from time to time, the Note), of which Grantee is currently the holder, there will be sold by Grantee, at public outcry, to the highest bidder for cash, before the door of the courthouse of Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in September, 2016, being September 6, 2016, all of such rights, titles, interests and estates in the following described property as are encumbered by the Security Deed (collectively, the Premises):
The following tracts, pieces, or parcels of land (and any easements or other rights or interests in land) (collectively, the Land):
Parcel 1
ALL THAT TRACT or parcel of land lying and being in Land Lots 244, 245, and 269 of the 5th District, Gwinnett County, Georgia, and being shown as Tract 1 (containing 114 059 acres) and Tract 2 (containing 0 134 acres) (total of 114,193 acres) on that certain plat of survey prepared for BBC Partners, LLC. The Peachtree Bank and Old Republic National Title Insurance Company, prepared by Columbia Engineering, Donald C Sherrill, Georgia RLS #2358, dated 12/30/05, last revised 04/19/07, said plat of survey being incorporated herein and made a part hereof, and by reference thereto being more particularly described as follows
COMMENCE at the corner common to Land Lots 236, 237, 244 and 245, aforesaid District and County, proceed thence along the land lot line common to Land Lots 237 and 244 north 29deg. 39 18 west 822 78 feet to a point located in the centerline of the Alcovy River and Hopkins Creek, said centerlines being the property line, proceed thence along said centerlines the following courses and distances north 22deg. 37 26 east 90.64 feet to a point, north 45deg. 13 00 east 52 44 feet to a point; north 45deg. 24 33 east 62.80 feet to a point, north 34deg. 34 58 east 44 25 feet to a point; north 46deg. 37 51 east 36 70 feet to a point, north 41deg. 52 54 east 42 86 feet to a point; north 19deg. 07 04 east 42.91 feet to a point, north 24deg. 38 59 east 58 29 feet to a point; north 17deg. 16 17 east 37 17 feet to a point, north 04deg. 45 27 east 35.79 feet to a point, north 18deg. 55 55 east 38 58 feet to a point, north 11deg. 41 02 east 45.37 feet to a point; north 60deg. 50 11 east 49 98 feet to a point, north 81deg. 03 42 east 38.81 feet to a point, north 84deg. 10 12 east 44 44 feet to a point, north 75deg. 58 02 east 49 22 feet to a point, north 87deg. 32 20 east 51 50 feet to a point, north 84deg. 32 42 east 49 02 feet to a point, north 80deg. 33 25 east 53 54 feet to a point, north 75deg. 52 03 east 55 08 feet to a point; north 74deg. 49 19 east 53 44 feet to a point; north 57deg. 39 53 east 35 74 feet to a point, north 41deg. 40 44 east 44.77 feet to a point; north 23deg. 56 42 east 39 45 feet to a point, north 11deg. 34 08 east 35 99 feet to a point, north 27deg. 45 04 east 39 01 feet to a point; north 16deg. 46 37 east 42 68 feet to a point, north 14deg. 20 14 east 22 79 feet to a point, north 01deg. 21 35 west 18 99 feet to a point, north 16deg. 47 40 west 45 01 feet to a point; north 06deg. 32 07 west 38 87 feet to a point, north 09deg. 38 15 west 33 26 feet to a point, north 32deg. 36 17 west 50 29 feet to a point, north 25deg. 35 57 east 71 60 feet to a point, north 01deg. 43 15 west 48 37 feet to a point, north 33deg. 48 39 east 91 83 feet to a point, south 76deg. 59 03 east 96 46 feet to a point, south 18deg. 08 52 west 55 16 feet to a point, south 69deg. 30 13 east 29 14 feet to a point, north 86deg. 52 06 East 58 55 feet to a point; north 51deg. 07 58 east 33 10 feet to a point, north 32deg. 26 23 east 75 81 feet to a point; north 23deg. 46 51 west 64 66 feet to a point, north 36deg. 03 56 east 27 59 feet to a point; north 84deg. 10 42 east 41 79 feet to a point; north 26deg. 01 48 east 41 07 feet to a point, north 02deg. 16 17 west 23 86 feet to a point; north 15deg. 38 56 west 41.23 feet to a point, north 54deg. 05 04 west 27.50 feet to a point, north 59deg. 58 38 west 33 43 feet to a point, north 56deg. 00 47 west 42 83 feet to a point; north 70deg. 19 37 west 26 29 feet to a point, north 60deg. 57 49 west 27 91 feet to a point; north 43deg. 50 35 west 54 97 feet to a point, north 47deg. 46 18 west 34 90 feet to a point; north 49deg. 27 41 west 65 80 feet to a point, north 73deg. 28 52 west 34 11 feet to a point, north 70deg. 00 34 west 45 55 feet to a point, north 60deg. 51 42 west 43 13 feet to a point, north 51deg. 07 38 west 45 16 feet to a point; north 62deg. 28 45 west 46.41 feet to a point; north 52deg. 26 36 west 51 96 feet to a point; north 44deg. 28 30 west 47 03 feet to a point, north 27deg. 51 00 west 28 38 feet to a point; north 36deg. 25 49 west 39 82 feet to a point; north 43deg. 39 50 west 44 60 feet to a point; north 30deg. 51 10 west 50 47 feet to a point, north 25deg. 05 35 west 46 98 feet to a point, north 05deg. 23 14 west 36 86 feet to a point; north 08deg. 01 24 east 42 56 feet to a point; north 03deg. 48 06 east 36 71 feet to a point; north 00deg. 20 15 east 29 53 feet to a point; north 09deg. 14 14 east 43 31 feet to a point; north 04deg. 59 13 east 42 14 feet to a point; north 03deg. 32 47 east 50.18 feet to a point; north 05deg. 40 50 east 38 45 feet to a point; north 13deg. 06 32 east 39.19 feet to a point, north 01deg. 03 03 west 37 42 feet to a point, north 10deg. 05 02 west 40 12 feet to a point, north 20deg. 02 16 west 50 19 feet to a point, north 01deg. 01 12 east 44 78 feet to a point, north 02deg. 31 08 east 43 93 feet to a point, north 00deg. 28 16 west 42 17 feet to a point, north 07deg. 10 49 east 38 62 feet to a point; north 03deg. 01 27 west 35 30 feet to a point; north 00deg. 04 58 west 48 96 feet to a point, north 04deg. 53 54 west 39 84 feet to a point, north 01deg. 18 41 west 29 04 feet to a point, north 31deg. 45 09 east 20 72 feet to a point, north 29deg. 08 32 east 45 87 feet to a point, south 84deg. 02 33 east 16.62 feet to a point; thence leaving said centerline and proceed North 60deg. 38 15 east 1503 59 feet to a right of way monument found on the southerly right of way of GA D O T Highway 316 (right of way of varying width); proceed thence along said right of way south 64deg. 40 46 east 623 36 feet to a right of way monument, thence leaving said right of way and proceed south 25deg. 24 26 east 166 91 feet to a point, proceed thence south 84deg. 36 45 east 153 84 feet to an iron pin set; proceed thence south 82deg. 39 02 east 34 79 feet to a one-half inch rebar found; proceed thence south 06deg. 09 10 west 23.16 feet to a point, proceed thence south 29deg. 13 56 west 434 74 feet to an iron pin set, proceed thence south 33deg. 34 02 west 100 0 feet to an iron pin set, proceed thence south 64deg. 14 32 west 193 68 feet to an iron pin set, proceed thence north 89deg. 40 34 west 177 34 feet to an iron pin set, proceed thence north 34deg. 27 58 west 250.0 feet to a point, proceed thence north 73deg. 27 40 west 107 57 feet to a point, proceed thence south 09deg. 03 17 east 526 38 feet to a one-half inch rebar found, proceed thence south 68deg. 43 15 west 83 12 feet to a point, proceed thence southeasterly along the arc of a curve having a radius of 56 28 feet, said arc being subtended by a chord bearing south 01deg. 18 41 east and having a chord length of 55.13 feet an arc distance of 57 61 feet to a point, proceed thence south 18deg. 57 55 west 121 81 feet to a point, proceed thence south 14deg. 05 25 west 287 29 feet to a point, proceed thence south 09deg. 12 55 west 23 65 feet to a point, proceed thence south 00deg. 04 55 west 15 22 feet to a point, proceed thence southwesterly along the arc of a curve having a radius of 180.06 feet, said arc being subtended by a chord bearing south 10deg. 03 30 west and having a chord length of 117.87 feet, an arc distance of 120.08 feet to a one-half inch rebar found, proceed thence southwesterly along the arc of a curve having a radius of 184.77 feet, said arc being subtended by a chord bearing south 44deg. 51 30 west and having a chord length of 95 47 feet, an arc distance of 96 56 feet to a point, proceed thence south 63deg. 43 13 west 44.78 feet to a point; proceed thence southwesterly along the arc of a curve having a radius of 35 0 feet, said arc being subtended by a chord bearing south 16 05 13 west and having a chord length or 51 72 feet, an arc distance of 58 20 feet to a point, proceed thence south 31deg. 32 47 east 87 60 feet to a point, proceed thence southeasterly along the arc of a curve having a radius of 215.0 feet, said arc being subtended by a chord bearing south 12deg. 31 47 east and having a chord length of 140 11 feet, an arc distance of 142 72 feet to a point, proceed thence south 06deg. 29 13 west 93 33 feet to a point, proceed thence southeasterly along the arc of a curve having a radius of 140 0 feet, said arc being subtended by a chord bearing south 19deg. 55 17 east and having a chord length of 124 53 feet, an arc distance of 129 05 feet to a point, proceed thence south 46deg. 19 47 east 100 43 feet to a point, proceed thence southeasterly along the arc of a curve having a radius of 215 0 feet, said arc being subtended by a chord bearing south 10deg. 37 47 east and having a chord length of 250.92 feet, an arc distance of 267 92 feet to a point, proceed thence south 22deg. 30 28 west 150 26 feet to a one-half inch rebar found, proceed thence south 44deg. 18 40 east 423 86 feet to an iron pin set, proceed thence South 81deg. 01 45 West 319 56 feet to a one-half inch open top pipe found; proceed thence south 70deg. 04 18 west 409 70 feet to a one-half inch open top pipe found, proceed thence south 07deg. 19 50 east 418 96 feet to a one-half inch open top pipe found, proceed thence south 65deg. 55 21 west 516.67 feet to a three-quarter inch open top pipe found, proceed thence south 27deg. 47 45 east 479 70 feet to an iron pin set on the northerly right of way of Alcovy Road (80 foot right of way), proceed thence along Alvocy Road the following courses and distances north 86deg. 43 52 west 85.16 feet to a point, north 73deg. 40 04 west 100 08 feet to a point, north 64 27 04 west 197 66 feet to a point; north 68deg. 51 04 west 200 16 feet to a point, north 71deg. 52 04 west 141 31 feet to a one-half inch rebar found, thence leaving said right of way and proceed north 29 39 18 west 65 01 feet to the POINT OF BEGINNING
Parcel 2
ALL THAT TRACT or parcel of land lying and being in Land Lot 244 of the 5th District, Gwinnett County, Georgia, and being shown as 37 acres, more or less, per that certain Boundary Survey for BBC Partners, LLC, The Peachtree Bank and First American Title Insurance Company prepared by Morrison J Simms, Georgia RLS #1262, dated 10/10/06, last revised 12/06/06, said Boundary Survey being incorporated herein and made a part hereof, and by reference thereto being more particularly described as follows
To find the Point of Beginning commence at the corner common to Land Lots 236, 237, 244 and 245, aforesaid District and County, proceed thence along the land lot line common to Land Lots 237 and 244 north 29deg. 39 18 west 887 79 feet to a point located in the centerline of Alcovy River, said point being the POINT OF BEGINNING and from said POINT OF BEGINNING continue along said land lot line north 29deg. 39 18 west 30 0 feet to an iron pin placed (hereinafter Traverse Point B), continue along said land lot line the following courses and distances: north 30deg. 40 14 west 590 39 feet to an iron pin found, north 29deg. 38 02 west 774 25 feet to a rock found, north 29deg. 27 46 west 482 21 feet to an iron pin found, north 28deg. 25 44 west 358 0 feet to an iron pin placed (hereinafter Traverse Point A), continue along said land lot line north 28deg. 25 44 west 50 0 feet to a point located in the centerline of Alcovy River, said centerline being the property line, thence leaving said land lot line and proceed along the centerline of Alcovy River in the directions generally following the traverse lines hereinafter set forth, and following the meanderings thereof, 4,152 0 feet, more or less to the POINT OF BEGINNING (Traverse Point A and Traverse Point B are connected by the following courses and distances south 82deg. 29 05 east 249 13 feet to a point, north 72deg. 32 04 east 178 38 feet to a point, south 89deg. 39 49 east 207 34 feet to a point, north 87deg. 30 01 east 150 46 feet to a point, north 87deg. 58 00 east 125 68 feet to a point, south 82deg. 48 36 east 156 07 feet to a point, south 27deg. 42 26 east 182 15 feet to a point, south 18deg. 03 03 west 153 13 feet to a point, south 14deg. 54 21 west 196 96 feet to a point, south 32deg. 54 19 east 166 36 feet to a point, north 88deg. 15 34 east 495 91 feet to a point, south 24deg. 48 34 east 159 90 feet to a point, south 47deg. 23 49 east 208 35 feet to a point; south 62deg. 30 06 east 111 88 feet to a point, south 38deg. 23 11 east 135 58 feet to a point, south 30deg. 23 51 west 229.84 feet to a point, south 78 52 28 west 222.75 feet to a point, south 71deg. 46 31 west 232 29 feet to a point, south 13deg. 42 21 west 250 78 feet to a point, south 53deg. 54 32 west 316 81 feet to a point)
(b) all buildings, structures and improvements of every nature whatsoever now or hereafter situated on, under or above the Land (the Improvements); (c) all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Property or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto (together with the Land and the Improvements, the Property); (d) all right, title and interest of Grantor in any and all leases, rental agreements and arrangements of any sort for or resulting in the giving of value to Grantor for the use of the Property or any portion thereof, affecting the Property or any portion thereof, whether the user enjoys the Property or any portion thereof as tenant for years, invitee, licensee, tenant at sufferance or otherwise, and irrespective of whether such leases, rental agreements and arrangements be oral or written, and including any and all extensions, renewals and modifications thereof (the Leases) and guaranties of the performance of obligations of any tenants or lessees thereunder (the Tenants), together with all income, rents, issues, profits and revenues from the Leases (including all tenant security deposits and all other tenant deposits, whether held by Grantor or otherwise, and all other deposits and escrow funds relating to any Leases), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor of, in and to the same; (e) all assets of Grantor related to the ownership or operation of the Property, including accounts (including health-care receivables), chattel paper (whether tangible or electronic), deposit accounts, documents, general intangibles (including payment intangibles and software), goods (including inventory, equipment, fixtures and accessions), instruments (including promissory notes), investment property, letter-of-credit rights, letters of credit, money, supporting obligations, as-extracted collateral, timber to be cut and all proceeds and products of anything described or referred to above, in each case as such terms are defined under the Uniform Commercial Code from time to time, including all of the following: (i) all right, title and interest of Grantor in all furnishings, furniture, fixtures, machinery, apparatus, equipment, fittings, appliances, building supplies and materials, vehicles (excluding Grantors personal automobiles), chattels, goods, consumer goods, farm products, inventory, warranties, chattel paper, documents, accounts, general intangibles, trade names, trademarks, servicemarks, logos (including any names or symbols by which the Property is known) and goodwill related thereto, and all other articles of personal property of every kind and nature whatsoever, tangible or intangible, now, heretofore or hereafter arising out of or related to the ownership of the Property, or located in, on or about the Property, or used or intended to be used with or in connection with the construction, use, operation or enjoyment of the Property; (ii) all right, title and interest of Grantor in, to and under all franchise agreements, management contracts, service contracts, utility contracts, leases of equipment, documents and agreements relating to the construction of any Improvements (including any and all construction contracts, architectural contracts, engineering contracts, designs, plans, specifications, drawings, surveys, tests, reports, bonds and governmental approvals) and all other contracts, licenses and permits affecting the Property or any part thereof and all guaranties and warranties with respect to any of the foregoing (the Contracts); (iii) all right, title and interest of Grantor in any insurance policies or binders relating to the Property, including any unearned premiums thereon; (iv) all right, title and interest of Grantor in any and all awards, payments, proceeds and the right to receive the same, as a result of any temporary or permanent injury or damage to, taking of or decrease in the value of the Property by reason of casualty, condemnation or otherwise; (iv) all right, title and interest of Grantor in all utility, escrow and all other deposits (and all letters of credit, certificates of deposit, negotiable instruments and other rights and evidence of rights to cash) relating to the Property or the purchase, construction or operation thereof; (v) all right, title and interest of Grantor in all cash funds, deposit accounts, certificates of deposit, negotiable instruments and other rights and evidence of rights to cash; (vi) all documents and agreements in favor of Grantor in connection with any of the foregoing; (vii) all claims and causes of action arising from or otherwise related to any of the foregoing, and all rights and judgments related to any legal actions in connection with such claims or causes of action, and all cash (or evidences of cash or of rights to cash) or other property or rights thereto relating to such claims or causes of action; and (viii) all extensions, additions, improvements, betterments, renewals and replacements, substitutions, or proceeds of any of the foregoing; and all inventory, accounts, chattel paper, documents, instruments, equipment, fixtures, farm products, consumer goods, general intangibles and other property of any nature constituting proceeds acquired with proceeds of any of the property described hereinabove; provided, however, that the Premises as sold shall not include any of Grantors right, title, and interest in that claim giving rise to that certain judgment obtained by Grantor against Old Republic National Title Insurance Company in the Superior Court of Gwinnett County, State of Georgia, in Civil Action Case No. 10A09956-9, as the same may be altered, modified, or amended on appeal or through further civil proceedings (the Excluded Litigation Claim).
Grantor has failed to make payments as required by the Security Deed, which has resulted in the occurrence and continued existence of defaults and events of default by Grantor under the Security Deed. The loan evidenced by the Note has been accelerated and the indebtedness evidenced by the Note is due and payable in full. As a result of the indebtedness being due and payable in full and remaining unpaid, and said defaults and events of default continuing to exist, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Deed, and by the laws of the State of Georgia.
To the best of Grantees knowledge and belief, the Premises are in the possession of Grantor.
The Premises, except for the Excluded Litigation Claim, will be sold on an as is, where is basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, and will be sold subject to: (i) any and all outstanding unpaid taxes and assessments, if any; (ii) unpaid water and sewer bills that constitute liens against the Property, whether due and payable or not yet due and payable; (iii) such matters as would be revealed by an accurate survey and inspection of the Property; and (iv) all other assessments, easements, covenants, reservations, restrictions, liens, encumbrances, zoning ordinances, rights, privileges, franchises, tenements, hereditaments and appurtenances, and other matters of record, if any, to which the Security Deed is inferior in terms of priority.
Please note that, pursuant to O.C.G.A. 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify the terms of the loan (although not required by law to do so) is: Blackhawk Georgia Lender, LLC, c/o Paramount Capital, LLC, 1819 E. Southern Avenue, Suite B-10, Mesa, Arizona 85204; email: gdavis@prmont.com; telephone number: (480) 505-9595.
Blackhawk Georgia Lender, LLC, an Arizona limited liability company as attorney-in-fact for RM Kids, LLC
Gary W. Marsh, Esq.
Dentons US LLP
303 Peachtree Street, N.E., Suite 5300
Atlanta, Georgia 30308
(404) 527-4000
950-435430, 8/11,18,25,9/1
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