Daily Herald
Henry County

Nov 16, 2012 | 94 views | email to a friend | print

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HENRY By virtue of the Power of Sale contained in the Real Estate Deed to Secure Debt, Assignment of Rents and Security Agreement dated December 20, 2006, from R.H.B., INC., ("Debtor") to ENTERPRISE BANKING COMPANY ("Original Lender") and recorded in Deed Book 9890, Pages 262-267, HENRY County, Georgia records, as assigned to CADC/RADC VENTURE 2011-1, LLC, pursuant to that certain Assignment of Real Estate Deed to Secure Debt recorded September 20, 2011, in Deed Book 12344, Pages 90-93, HENRY County, Georgia deed records which was further assigned to ACORN 6B BRAUNSROTH LANE REAL ESTATE, LLC, ("Holder") pursuant to that certain Assignment of Real Estate Deed to Secure Debt dated October 24, 2012, to be recorded prior to the foreclosure sale (as said Deed to Secure Debt from time to time may have been or may be assigned, assumed, modified, amended, or amended and restated is hereinafter referred to as the "Security Deed"), said Security Deed being given to secure a note dated December 20, 2006, in the amount of THREE HUNDRED EIGHTY TWO THOUSAND FOUR HUNDRED TWENTY FIVE AND No/100 Dollars ($382,425.00) (said note, as same from time to time may have been endorsed, renewed, replaced, modified, assigned, amended, or amended and restated, being hereinafter referred to as the "Note"); together with any and all indebtedness owing by Debtor to Holder, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in HENRY County, Georgia, within the legal hours of sale on the first Tuesday in DECEMBER, 2012, all of Debtor's right, title and interest in and to the following described property (collectively, the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 138 AND 139 OF THE 6TH DISTRICT, HENRY COUNTY, GEORGIA, BEING LOT 153 OF CRYSTAL LAKE GOLF & COUNTRY CLUB, UNIT IV, (A PORTION OF POD B) AS PER PLAT RECORDED IN PLAT BOOK 43, PAGE 202-209, HENRY COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS DESCRIPTION. TOGETHER WITH, ALL AND SINGULAR, THE IMPROVEMENTS, FIXTURES EASEMENTS, HEREDITAMENTS, RIGHTS, MEMBERS AND APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE, INCLUDING, WITHOUT LIMITATION: THE BUILDINGS AND IMPROVEMENTS NOW OR HEREAFTER ERECTED THEREON, AND THE FIXTURES, ATTACHMENTS, APPLIANCES, EQUIPMENT, MACHINERY AND OTHER ARTICLES AFFIXED OR ATTACHED TO SAID BUILDINGS AND IMPROVEMENTS INCLUDING, WITHOUT LIMITATION, ALL BUILDING MATERIALS, ELECTRICAL, PLUMBING, HEATING AND AIR CONDITIONING SYSTEMS (INCLUDING WINDOW UNITS), ALL BUILT-IN APPLIANCES, CABINETS AND LIGHTING FIXTURES (THE IMPROVEMENTS ); AND ALL MINERALS, SHRUBS, TREES OR OTHER EMBLEMENTS NOW OR HEREAFTER ON SAID PROPERTY OR UNDER OR ABOVE THE SAME OR ANY PART OR PARCEL THEREOF, AND ALL LEASEHOLD ESTATES, USUFRUCTUARY INTERESTS, AND RIGHTS OF GRANTOR IN THE PROPERTY, AND ALL RIGHTS OF GRANTOR AS LESSOR OR LANDLORD UNDER ANY LEASE OR SUBLEASE LETTING OR DEMISING ALL OR ANY PORTION OF THE PROPERTY OR IMPROVEMENTS, INCLUDING, WITHOUT LIMITATION, THE INTEREST OF GRANTOR IN ALL RENTS AND SECURITY DEPOSITS PAID OR TO BE PAID THEREUNDER, AND ALL RIGHT OF CLAIM OF GRANTOR WITH RESPECT TO THE PROCEEDS OF INSURANCE WHICH GRANTOR NOW HAS OR MAY HEREAFTER ACQUIRE IN THE PROPERTY AND IMPROVEMENTS AND ANY AND ALL AWARDS MADE FOR THE TAKING BY EMINENT DEMAIN, BY ANY PROCEEDING OR PURCHASE IN LIEU THEREOF, OF THE WHOLE OR ANY PART OF THE PROPERTY AND IMPROVEMENTS; AND IF THIS IS A CONSTRUCTION MORTGAGE ALL RIGHT, TITLE AND INTEREST OF GRANTOR IN AND TO ALL CONSTRUCTION MATERIALS AND EQUIPMENT. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of the Note and the Security Deed, including but not limited to, the nonpayment of principal and interest when due. 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 Security Deed, accrued interest and expenses of the sale and all other payments provided for under the Security Deed, including attorneys' fees as provided in the Note and Security Deed, notice of intention to collect attorneys' fees having been given as provided by law; and the remainder, if any, shall be applied as provided by law. To the best of Holder's knowledge, the party in possession of the Property is Debtor. The Property will be sold as the property of Debtor subject to all unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights-of-way, and easements of record, if any, appearing of record prior to the date of the Security Deed and those appearing after the date of the Security Deed and consented to by the grantee therein. The entity that has full authority to negotiate, amend, and modify all the terms of the Security Deed with Grantor is the secured creditor: ACORN 6B BRAUNSROTH LANE REAL ESTATE, LLC, c/o Sabal Financial Group, L.P., 465 North Halstead Street, Suite 130, Pasadena, California 91107, telephone number 949-517-0801. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. ACORN 6B BRAUNSROTH LANE REAL ESTATE, LLC a Georgia limited liability company as attorney-in-fact for R.H.B., INC. PERRIE & ASSOCIATES, LLC 100 Galleria Parkway Suite 1170 Atlanta, Georgia 30339 (770) 579-2700 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT OR ENFORCE THE TERMS AND CONDITIONS OF THE SECURITY DEED AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Nov-9,16,23,30,2012-H278928