Haralson Gateway Beacon
Haralson County

Feb 07, 2013 | 112 views | email to a friend | print

G2-7236 Bremen Cross Town, LLC 2/ NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HARALSON Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from Bremen Crosstown, LLC, a Georgia limited liability company (the Grantor ) to and in favor of Community Bank of West Georgia (the Lender ), dated September 30, 2008, and recorded in Deed Book 963, Page 488, Haralson County, Georgia records, as transferred and assigned by the Federal Deposit Insurance Corporation ( FDIC ), as Receiver for Lender, to 2010-1 CRE VENTURE, LLC, a Delaware limited liability company (the Holder ), by that certain Assignment of Deed to Secure Debt, effective as of July 2, 2010, and recorded in Deed Book 1023, Page 590, aforesaid records (as assigned, the Security Deed ); securing that certain Multipurpose Note and Security Agreement to and in favor of Lender, dated September 30, 2008, in the original principal sum of Four Hundred Eighty Four Thousand Seven Hundred Fifteen and 56/100 Dollars ($484,715.56), now held by Holder (as assigned, the Notes ); there will be sold at public outcry by Holder as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the courthouse door in Haralson County, Georgia, on the first Tuesday in March, 2013, the following described land, improvements and appurtenances (hereinafter collectively referred to as the Premises ) to wit: ALL THAT TRACT OR PARCEL OF LAND lying and in being in Haralson County, Georgia, and being more particularly described as follows: All that tract or parcel of land lying and being in Land Lot 225 of the 7th District, Haralson County, Georgia, as being shown and delineated on a plat entitled Survey for Destiny Ventures, Inc. , dated November 25, 2003, prepared by Pioneer Land Surveying Co., certified by Jacob Roland Harrison, GA RLS #1134, which plat is recorded in Plat Book 34, Page 121, Haralson County, Georgia, Public Real Estate records. Said plat and the record and the record thereof are each by reference incorporated herein and made a part hereof for a more complete and accurate description of said property. The above-described tract is further designated as Pod K of Crosstown Village. Said property is located on Crosstown Parkway, Bremen, Georgia and bears tax identification number 01060001B. The property is conveyed subject to all covenants and restrictions and zoning and building restrictions of record (the Land ). TOGETHER with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof; and TOGETHER with all rights, title, and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on said property or above the same or any part or parcel thereof; and TOGETHER with all and singular the tenements, hereditaments, easements, and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, and demand whatsoever of Grantor of, in, and to the same and of, in, and to every part and parcel thereof; and TOGETHER with all fittings and fixtures, whether actually or constructively attached to said property and including all attached machinery, equipment, apparatus, and all trade, domestic, and ornamental fixtures, appliances, and articles of personal property of every kind and nature whatsoever, now or hereafter located in, upon, or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor (hereinafter collectively called Equipment ) including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, cooking, incinerating, and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, and communications apparatus; boilers, ranges, furnaces, oil burners, or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; dishwashers; attached cabinets; partitions; ducts and compressors; rugs and carpets; mirrors, mantles; draperies; furniture and furnishings; all building materials, supplies, and equipment now or hereafter delivered to said property and intended to be installed therein; all leases and use agreements of all machinery, apparatus, equipment, and other personal property of Grantor in the categories hereinabove set forth, under which Grantor is the lessee of, or entitled to use such items, and all deposits made therefor; all additions to and renewals or replacements of all of the foregoing; and all proceeds and profits of all of the foregoing; and TOGETHER with any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the property, the improvements thereon, and Equipment; and TOGETHER with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the property, to the extent of all amounts which may be secured by this deed at the date of receipt of any such award or payment by Lender and of the reasonable attorneys fees, costs, and disbursements incurred by Lender in connection with the collection of such award or payment. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable 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. 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. Said Premises will be sold by Holder as the attorney-in-fact for Grantor, subject to (1) any and all unpaid taxes and/or assessments relating to the Premises, if any, (2) any and all prior restrictions, liens, encumbrances, and easements of record relating to the Premises, if any, having priority over the Security Deed and those appearing after the date of the Security Deed which have been consented to by Lender or its successors and assigns, and (3) rights of tenants in possession under all valid, written leases and subleases granting the right to use or occupy all or any part of the Premises. To the best of the undersigned s 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. Holder has the full authority to negotiate, amend and modify all terms of the Security Deed, provided however, that Holder shall have no obligation to negotiate, amend or modify such instrument. Holder s address and telephone number is as follows: 2010-1 CRE Venture, LLC, Colony AMC, 100 N. Sepulveda Blvd., Suite 1900, El Segundo, California 90245, Attention: Kimberly Roberts, (310) 552-7178. 2010-1 CRE VENTURE, LLC, a Delaware limited liability company, as Attorney-in-Fact for Bremen Crosstown, LLC, a Georgia limited liability company Nicholas N. Sears, Esq. Morris, Manning & Martin, L.L.P. 1600 Atlanta Financial Center 3343 Peachtree Road, N.E. Atlanta, Georgia 30326 (404) 233-7000