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40117599 FLAGSTAR - DV EXCHANGE 11/8,15,22,29 STATE OF GEORGIA COUNTY OF DOUGLAS NOTICE OF SALE UNDER POWER
Nov 29, 2012 | 117 views | email to a friend | print

40117599 FLAGSTAR - DV EXCHANGE 11/8,15,22,29 STATE OF GEORGIA COUNTY OF DOUGLAS NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement dated as of November 3, 2006, and recorded at Deed Book 2465, Pages 28 et seq., Douglas County Records (hereinafter, together with all amendments and modifications thereto, the "Security Deed"), executed and delivered by DV EXCHANGE GROUP, LLC, a Georgia limited liability company ("Grantor"), in favor of FLAGSTAR BANK, FSB ("Grantee"), to secure the indebtedness evidenced by that certain Promissory Note dated November 3, 2006, in the original principal amount of $4,528,000 (as at any time amended, modified or restated, the "Note") made by Grantor to Grantee's order, Grantee, as attorney-in-fact for Grantor, will sell at public outcry to the highest bidder for cash on the courthouse steps of Douglas County, Georgia, within the legal hours of sale on the first Tuesday in December of 2012 (to-wit: December 4, 2012), the following described property (hereinafter collectively referred to as the "Property"): All those tracts, pieces or parcels of land of which Grantor is now seized situated in Douglas County, Georgia, being more particularly described below: All that tract or parcel of land lying and being in Land Lot 159 of the 2nd District, 5th Section, City of Douglasville, Douglas County, Georgia, being more particularly described as Outlots 1, 2, 3, 4, and 5 as shown on Final Plat of Douglasville Exchange prepared by Hughes-Ray Company, Inc., bearing the seal and Certification of Clifford R. Hughes, Jr., Georgia Registered Land Surveyor No. 2010, dated May 10, 2005, recorded in Plat Book 33, Page 76, Records of Douglas County, Georgia, and by this reference made a part hereof. Together with rights arising under Declaration of Covenants, Restrictions, and Easements by DV Exchange Group, LLC, a Georgia limited liability company, dates as of November ___, 2006, filed for record ____, 2006 at __:__ _.m, recorded in Deed Book ______, Page _______, Records of Douglas County, Georgia. Together with: (a) 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 owned by Grantor and 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 owned by Grantor and now or hereafter 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 now or hereafter belong, relate, or appertain to the land and the improvements located thereon or any part thereof and are no or hereafter acquired by Grantor; 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 as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described and to be secured by the Security Deed. The location of the above-described collateral is also the location of the land; (b) All building materials, fixtures, building machinery and building equipment delivered on site to the land during the course of or in connection with, construction of the buildings and imporvements upon the land an which are now or hereafter owned by Grantor; (c) 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 now or hereafter located on the land or under or above the same or any part or 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, or which hereafter shall in any way belong, relate, or be appurtenant thereto, whether now owned or hereafter acquired by Grantor; (d) All income, rents, issues, profits and revenues of the Property from time to time accruing (including, without limitation, all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Grantor or in a trust account, and escrow funds) and all estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Grantor in and to the same; and (f) All products and/ or proceeds of any of the foregoing, including without limitation, insurance proceeds. 2368039_1 To the best knowledge and belief of the undersigned, the Property is in the possession of Grantor, or others with the permission of Grantor, and may have been known from time to time as 7424 Douglas Boulevard, Douglasville, Georgia 30135. The Property will be sold on an "AS IS, WHERE IS" basis, without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage contained in the Property description and subject to, among other exceptions, all of the following: All outstanding taxes (including, without limitation, taxes that are liens, but not yet due or payable), assessments and utility bills that are valid liens and encumbrances upon any of the Property and which are prior in right to the Security Deed; All valid zoning ordinances; (c) All valid federal tax liens (if any) affecting any of the Property and the rights of the United States Government relative thereto, including, but not limited to, the right of redemption of the United States Government, if any such rights validly exist; and (d) Any and all easements, limitations, restrictions, reservations, covenants, encumbrances and other matters to which the Security Deed is subordinate in terms of priority as a matter of law. The indebtedness evidenced by the Note and secured by the Security Deed has been declared immediately due and payable because of defaults by Grantor under the Note, including, but not limited to, defaults resulting from the failure to pay the indebtedness as and when due in accordance with the Note. The proceeds of the sale of the Property shall be applied in accordance with the Security Deed to the payment of the unpaid indebtedness under the Note and all fees, costs, charges, and expenses of the sale and of all proceedings in connection therewith, including, without limitation, attorneys' fees incurred by Lender. FLAGSTAR BANK, FSB, as attorney-in-fact for DV EXCHANGE GROUP, LLC PARKER HUDSON RAINER & DOBBS LLP Attorneys for Grantee Tyronia M. Smith, Esq. 1500 Marquis Two Tower 285 Peachtree Center Avenue, NE Atlanta, Georgia 30303 (404) 523-5300

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