Notice of Sale
Notice of Sale Under Power
Georgia, Barrow County
By virtue of the Power of Sale contained in that Deed to Secure Debt executed and delivered by WSB COMMERCIAL HOLDINGS, LLC to BRANCH BANKING AND TRUST COMPANY, dated March 28, 2008, and recorded in Deed Book 1394, Page 156, as re-recorded in Deed Book 1405, Page 766, as affected by that certain Quitclaim Deed from Branch Banking and Trust Company to WSB Commercial Holdings, LLC, dated November 2, 2011, recorded in Deed Book 1600, Page 81, Barrow County Records, conveying the after-described property to secure a Note in the original principal amount of One Million Eight Hundred Sixty Nine Thousand Six Hundred Dollars and 00/cents ($1,869,600.00) with interest thereon as set forth therein, there will be sold at public outcry before the Courthouse door in said County by Commercial Loan Solutions III, LLC, as assignee of Branch Banking and Trust Company and Commercial Loan Solutions, LLC by virtue of that certain Assignment of Security Instruments dated effective June 20, 2012, from Branch Banking and Trust Company to Commercial Loan Solutions, LLC, recorded in Deed Book 1655, Page 645, as further assigned per that certain Assignment of Security Deed from Commercial Loan Solutions, LLC, to Commercial Loan Solutions III, LLC, dated September 27, 2012, recorded in Deed Book 1676, Page 22, Barrow County records, during the legal hours of sale on the first Tuesday in December, 2012, to the highest bidder for cash, the following described property, as follows:
All that tract or parcel of land situate, lying and being in the 243rd District, G.M., Barrow County, Georgia, being in the City of Winder, being known as 510 West Athens Street, containing 0.29 acres and being more particularly described and delineated according to the plat of survey prepared by W.T. Dunahoo and Associates, Inc., certified by W.T. Dunahoo, Georgia Registered Surveyor No. 1577, dated January 24, 1985, entitled Survey for Myles Godfrey , and being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia in Plat Book 23, page 58, which said plat and the recording thereof arc by reference hereto incorporated herein.
Tract 1: All that tract or parcel of land lying and being in the State of Georgia, County of Barrow, 243rd District, G.M., and in the City of Winder, and described as follows:
Beginning at a corner on the South side of Athens Street where the lands herein conveyed corners with line of J.B. Robinson at a point 10 feet West of lot formerly owned by H. E. Blakey, and running thence along a line parallel with and 10 feet West of said H. E. Blakey one hundred fifty feet more or less to the right of way of the Seaboard Air Line R.R.; thence southwest with said right of way of Seaboard Air Line R.R.; ninety-seven feet to the line of lands of Carter Davis, deceased; thence along the line of lands of Carter Davis, deceased, 123 feet to Athens Street; thence along Athens Street in a northeasterly direction 105 feet to the beginning corner. On said lot is located a dwelling.
Above described property being all of the same property deeded by Mrs. Helen Wills Bowman Dodd to J. B. Robinson on 11/15/43, by deed which is recorded in Deed Book S , page 46, Barrow County, Georgia records.
Tract 2: All that tract or parcel of land lying and being in the City of Winder, County of Barrow, State of Georgia, on South Side of W. Athens Street: Beginning at a Corner of this lot and a lot formerly owned by Mr. J. R. Coker, running thence in a southerly direction along a line of the said Coker lot, 155 feet to the S.A.L.Ry. Company s right of way, thence in a Westerly direction along said right of way 50 feet to corner of land of Mrs. Helen Bowman, thence in a Northerly direction along line of Mrs. Helen Bowman, 152 feet to a corner on W. Athens Street, thence in a westerly direction 50 feet alone W. Athens Street to beginning corner. On said lot is situated one dwelling and garage.
Included herein is any and all interest of Grantor in and to a 10- foot strip of property between Athens Street and Seaboard Railroad lying between the above described property also conveyed this date by Mrs. Louie Dean Flanigan Powell.
Tract 3: All that tract or parcel of land lying and being in the 243rd District G.M., State of Georgia, County of Barrow, County of Winder being 0.96 acres more or less and being more particularly described and delineated according to plat and survey prepared by W. T. Dunahoo and Associates, Inc., certified by W. T. Dunahoo, Georgia Registered Surveyor No. 1577, dated June 7, 1999, entitled Survey for L.W. Lanthier Est. said plat being of record in the Office of the Clerk of Superior Court for Barrow County, Georgia in Plat Book 55, page 117; which plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The said debt secured by the said Security Deeds being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney s fees and expenses of sale.
Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower, and the property is commonly known as 138 West Athens Street, Winder, Georgia 30680 according to the present system of numbering properties in Barrow County, Georgia.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Midwest Servicing, Inc., as servicer for Commercial Loan Solutions III, LLC, 230 CrossKeys Office Park, Fairport, NY at 585-377-2810. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.
Said property will be sold as the property of WSB Commercial Holdings, LLC, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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.
COMMERCIAL LOAN SOLUTIONS III, LLC, as assignee of Branch Banking and Trust Company and Commercial Loan Solutions, LLC, as attorney in fact for WSB Commercial Holdings, LLC
MICHAEL D. PAYNE, Attorney for
COMMERCIAL LOAN SOLUTIONS III, LLC
McCullough, Payne & Haan, LLC
271 17th Street, N.W.
Atlanta, Georgia 30363-6213