Notice Content
NOTICE OF SALE
UNDER POWER
GEORGIA,
GWINNETT COUNTY
By virtue of the Power of Sale contained in the Deed to Secure Debt executed by Suwanee Creek Development, LLC (Grantor), to Gregory K. Rogers (Grantee) dated April 2, 2007, recorded in Deed Book 47745, Pages 198-204, Gwinnett County records, said Deed to Secure Debt being given to secure Grantees capital contributions and the Preferred Return associated therewith pursuant to the terms of that certain Operating Agreement of Suwanee Creek Development, LLC dated February 28, 2005, together with any and all other indebtedness owing by Grantor to Grantee pursuant to the terms of the Operating Agreement and other agreements between the parties, as modified, 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 in October 2016, the property described in the Deed to Secure Debt to-wit (Property):
All that tract or parcel of land lying and being located in Land Lot 206 the 5th District, Gwinnett County, Georgia, containing 15.377 acres according to a survey for T&B, LLC prepared by Apalachee Land Surveying, Inc. by Charles D. Norton (Georgia Registered Land Surveyor No. 2872) dated November 9, 2006 and being more fully described as follows:
BEGINNING at a point marked by an iron pin set located on the southwesterly right of way line of Sweet Gum-Martins Chapel Road (80 R/W), said point being 475.00 feet along the aforesaid right of way line in a southeasterly direction from its intersection with the southerly right of way line of U.S. Highway 29 a/k/a Winder Highway; run thence along the aforesaid right of way line of Sweet Gum-Martins Chapel Road, the following courses and distances:
South 61 degrees 22 minutes 00 seconds East 48.62 feet; South 61 degrees 19 minutes 38 seconds East 60.26 feet; South 61 degrees 23 minutes 40 seconds East 62.99 feet; South 61 degrees 49 minutes 14 seconds East 64.10 feet; South 61 degrees 56 minutes 02 seconds East 63.32 feet; South 62 degrees 20 minutes 02 seconds East 60.19 feet; South 62 degrees 01 minutes 47 seconds East 16.28 feet to a point marked by an iron pin set; leaving the aforesaid right of way line, run thence South 59 degrees 39 minutes 08 seconds West a distance of 501.84 feet to a point marked by a one inch open top pipe found; run thence South 59 degrees 25 minutes 26 seconds West a distance of 135.24 feet to a point marked by an iron pin set; run thence South 59 degrees 51 minutes 08 seconds West a distance of 193.66 feet to a point marked by a 1.5 inch open top pipe; run thence South 30 degrees 20 minutes 32 seconds East a distance of 29.84 feet to a point marked by a one inch open top pipe; run thence South 30 degrees 20 minutes 55 seconds East a distance of 357.41 feet to a point marked by a one half inch open top pipe; run thence South 56 degrees 46 minutes 34 seconds West a distance of 604.81 feet to a point marked by a one half inch rebar found; run thence North 29 degrees 32 minutes 07 seconds West a distance of 365.92 feet to a point marked by an iron pin set; run thence North 29 degrees 32 minutes 07 seconds West a distance of 375.50 feet to a point marked by a scrape blade; run thence North 59 degrees 48 minutes 07 seconds East a distance of 593.56 feet to a point marked by a one half inch open top pipe; run thence North 59 degrees 52 minutes 48 seconds East a distance of 193.29 feet to a point marked by a 3/8 inch rebar found; run thence North 59 degrees 25 minutes 45 seconds East a distance of 135.02 feet to a point marked by a one inch open top pipe disturbed; run thence North 59 degrees 53 minutes 29 seconds East a distance of 306.78 feet to a point located on the southwesterly right of way line of Sweet Gum-Martins Chapel Road, said point being the point of BEGINNING,
together with all right, title, and interest of every nature of Grantor or its assigns, including the right, in the name and on behalf of Grantor, to appear in and defend any action or proceeding brought with respect to the Property and the right to commence any action or proceeding to protect the interest of Grantee in the Property.
The indebtedness secured by the Deed to Secure Debt has been and is hereby declared due because of default under the terms of the Operating Agreement, as modified, including but not limited to the nonpayment of principal and interest. 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 Debt to Secure Debt, accrued interest and expenses of the sale and all other payments proved for under the Deed to Secure Debt, as modified, including attorneys fees as provided in the Deed to Secure Debt (said notice having been given), and the remainder, if any, shall be applied as provided by law.
The Property will be sold as the property of Grantor and subject to all unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights-of-way, easements, zoning ordinances and other matters of record, if any, appearing of record prior to the date of the Deed to Secure Debt and those appearing after that date and consented to by Grantee.
To the best knowledge and belief of the undersigned, there is no party in physical possession of the property, and said property is comprised of those parcels known as Gwinnett County Property Tax ID Numbers 5-206-011, 5-206-015, 5-206-017, 5-206-020 and 5-206-026.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
Gregory K. Rogers
as Attorney in Fact for
Suwanee Creek Development, LLC
Wasson Sours & Harris, PC
David R. James, Esq.
300 Galleria Parkway, Suite 1000
Atlanta, Georgia 30339
(770) 956-1700
* THE ATTORNEY IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-441076, 9/8,15,22,29
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