Notice Content
NOTICE OF
FORECLOSURE SALE
GEORGIA,
GWINNETT COUNTY
By virtue of Power of Sale contained in the Deed to Secure Debt dated May 29, 2007, recorded in Deed Book 47940, Page 0642, et seq. of the Gwinnett County, Georgia Records from LANDMARK IMPROVEMENT, LLC (collectively, Grantor and/or Borrower) to GWINNETT COMMUNITY BANK (Grantee and/or Lender), as modified, aforesaid record (the Security Deed) and Promissory Note, as modified, in the original principal amount of $4,075,000.00, with interest thereon as set forth therein, there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of GWINNETT COUNTY, GEORGIA, within the legal hours of sale on the first Tuesday in August, 2015, the property known as:
All that tract or parcel of land lying and being in Land Lot 245 of the 5th District, Gwinnett County, Georgia, containing 28.9848 acres, as shown on that certain rezoning and special land use permit plan for Landmark Properties, LLC, dated April 12, 1999, prepared by Hannon, Meeks & Bagwell, Surveyors & Engineers, Inc., Miles H. Hannon, GRLS #1528, and being more particularly described according to said survey as follows:
Beginning at a point located on the land lot line dividing Land Lots 236 and 245, said district and county, which point is located S29deg.2147E, 1,759.22 feet along said land lot line from the land lot corner common to Land Lots 236, 237, 244 and 245; thence leaving the land lot line dividing Land Lots 236 and 245, run N68deg.5727E, 1,020.18 feet to a point; thence N60deg.0325E, 210.00 feet to a point; thence S29deg.4027E, 171.14 feet to a point; thence N60deg.5522E, 216.35 feet to a point located on the southwesterly right of way line of Alcovy Forest Drive (60 R/W); thence along said right of way line S29deg.0300E, 31.29 feet to a point; continue along said right of way line in a generally southeasterly direction and following the curvature thereof an arc distance of 28.77 feet to a point (said arc having a radius of 250.37 feet and being subtended by a chord bearing and distance of S32deg.2032E, 28.76 feet); thence leaving said right of way line, run S60deg.5522W, 217.07 feet to a point; thence S29deg.5635E, 765.72 feet to a point; thence S63deg.5408W, 1,231.52 feet to a point located on the land lot line dividing Land Lots 236 and 245; thence along said land lot line N29deg.2147W, 1,072.19 feet to a point, which point marks the true place or point of beginning.
LESS AND EXCEPT:
2.374 acres of required Right of Way, transferred by Right of Way Deed to Gwinnett County, Georgia, dated August 1, 2007 as recorded in Gwinnett County Deed Book 48142, Page 0660 et seq., and located in Land Lot 245 of the 5th District, Tax Map No.:5-245-055, Gwinnett County, Georgia, as shown on Exhibit A to the Right of Way Deed and labeled Parcel: 93, which is a portion of Gwinnett County right of way plans by: Precisions Planning, Inc., titled: Sugarloaf Parkway Extension, Phase I, dated: March 8, 2007, and revised N/A, Sheet 1 of 1, incorporated herein by reference and on file with Gwinnett County Department of Transportation.
The indebtedness secured by the Security Deed has been declared due and payable by reason of default under the provisions of the Security Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, payment of indebtedness and interest thereon, and any balance remaining shall be applied as provided by law. The Property will be sold as the property of LANDMARK IMPROVEMENT, LLC.
Notice has been given of intention to enforce provisions for collection of attorneys fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note or notes and Security Deed. The Property will be sold subject to: 1) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable); 2) any matters which might be disclosed by an accurate survey and inspection of the Property; 3) any assessments, liens, encumbrances, zoning ordinances, restrictions, easements and covenants which continue to be in effect and have priority over the interest of the purchaser at the non-judicial foreclosure sale contemplated by this Notice of Sale, and matters of record superior to the Security Deed first set out above.
GWINNETT COMMUNITY BANK, AS ATTORNEY IN FACT FOR LANDMARK IMPROVEMENT, LLC
ANDERSEN, TATE & CARR, P.C.
One Sugarloaf Centre
1960 Satellite Boulevard, Suite 4000
Duluth, Georgia 30097
R. Matthew Reeves, Esq.
Marian C. Adeimy, Esq.
(770) 822-0900
Foreclosure Ad (GwinnettLandmarkAlcovy ForestREVISED)July Pub for Aug Sale)
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
950-263496, 7/9,16,23,30
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