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Bartow County

NOTICE OF SALE UNDER POWER GEORGIA, BARTOW COUNTY
Jan 09, 2013 | 52 views | email to a friend | print

NOTICE OF SALE UNDER POWER



GEORGIA, BARTOW COUNTY



Under and by virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt, made as of September 27, 2006 (""eed to Secure Debt"", by PCG LLC, a Georgia limited liability company (""orrower"", in favor of Crescent Bank - Cartersville West (""riginal Lender"", recorded October 4, 2006, as Document No. 021395, in Book 2114, Page 184, in the Clerk's Office of Bartow County, Georgia (the ""ecords"". The Deed to Secure Debt was: (a) amended and modified pursuant to that certain Modification of Deed to Secure Debt, dated June 26, 2008, by Borrower and Original Lender, recorded July 1, 2008, as Document No. 010139, in Book 2305, Page 50, in the Records; (b) partially released by Federal Deposit Insurance Corporation, as Receiver for Crescent Bank & Trust, pursuant to that certain Quit Claim Deed, dated August 31, 2010, recorded April 8, 2011, as Document No. 003353, in Book 2470, Page 773, in the Records; and (c) assigned by Federal Deposit Insurance Corporation as Receiver for Crescent Bank & Trust Company a/k/a Crescent Bank, to Wells Fargo Bank, National Association, as Trustee for the registered holders of FDIC Commercial Mortgage Trust 20ll-C1, FDIC Commercial Mortgage Pass-Through Certificates, Series 2011-C1 ( Lender #2 ), pursuant to that certain Assignment of Real Estate Deed to Secure Debt, executed May 5, 2011, effective as of April 29, 2011, recorded June 27, 2011, as Document No. 005995, in Book 2481, Page 606, in the Records, as further assigned by Lender #2 to FD 2011-Cl Grove Road Limited Partnership, a Georgia limited partnership ( Lender ),pursuant to that certain Assignment of Deed to Secure Debt and Security Agreement and Other Loan Documents, recorded March 29, 2012, as Document No.003391, in Book 2525, Page 585, in the Records (the ""ecurity Deed"", there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Bartow County, Georgia, between the legal hours of sale on the first Tuesday in February, 2013, by Lender, as Attorney-in-Fact for Borrower, the following property to-wit:



TRACT I



All that tract or parcel of land lying and being in Land Lots 702 and 703 of the 4th District and 3rd Section of Bartow County, Georgia, in the City of Cartersville, Bartow County Georgia; and being that certain 1.636 acres as per plat recorded in Plat Book 25, Page 207, Clerk's Office, Superior Court of Bartow County, Georgia, to which plat reference is hereby made and incorporated herein.



TRACT II



All that tract or parcel of land lying and being in Land Lots 702 and 703 of the 4th District and 3rd Section of Bartow County, Georgia, in the City of Cartersville, Bartow County Georgia; and being that certain 0.38 acres as per plat recorded in Plat Book 24, Page 117, Clerk's Office, Superior Court of Bartow County Georgia, to which plat reference is hereby made and incorporated herein.



Said property being more specifical1y described as units 1 8, 10 and 13 - 24 all as shown on plat recorded in Plat Book 57, Page 83, Bartow County, Georgia records, which plat by reference is incorporated herein and made a part hereof.



LESS AND EXCEPT FROM THE FOREGOING DESCRIBED PARCELS OF LAND THE FOLLOWING:



All that tract or parcel of land lying and being in Land Lots 702 and 703 of the 4th District and 3rd Section of Bartow County, Georgia, and being Unit 38 AKA Unit 10, Park Place, recorded in Plat Book 57, Page 83, of the Bartow County Georgia records as conveyed in that Warranty Deed from PCG, LLC to James A. Wood and Jennifer S. Wood, dated August 31, 2010, filed April 8, 2011, recorded in Deed Book 2470, Page 774, aforesaid records. Said plat and Deed is incorporated herein for a more full and accurate description of the property.



The indebtedness secured by the Security Deed having been declared due and payable because of, among other possible events of default, failure to pay the indebtedness secured thereby as and when due, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney s fees (notice of intention to collect attorney fees having been given).



Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.



To the best of the undersigned s knowledge and belief, possession of the subject property is held by PCG LLC.



FD 2011-C1 GROVE ROAD LIMITED PARTNERSHIP,

a Georgia limited partnership

by FD 2011-C1 GROVE ROAD GP, LLC,

As Attorney-in-Fact for

PCG LLC



c/o Nelson Mullins Riley & Scarborough LLP

By: Anne Marie Garavaglia

201 17th Street, N.W., Suite 1700

Atlanta, Georgia 30363

(404) 322-6000



THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.



1/10,17,24,31/13

#8725"