SUBSCRIBE
to
The Banks
County News


LEGAL PAGE - DECEMBER 1, 1999 - HOMER, GA

Search this site

The legal notices posted on this site are for reference only. Only the legal notices published in the
legal organ newspaper of this county (The Banks County News) are official per O.C.G.A. sec. 9-13-140, et seq.



Notice of Sale
Notice of Sale Under Power Contained in Security Deed
State of Georgia,
County of Banks
Pursuant to a Power of Sale contained in a certain Security Deed executed by Richard L. Long and Cathy C. Long, hereinafter referred to as Grantor, with the singular including the plural, to Alliance Funding Company, a Division of Superior Bank, FSB recorded in Deed Book 141, beginning at Page 67, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of default in the payment of the debt secured by said Security Deed, the undersigned Attorney-in-Fact for the aforesaid Grantor (which Attorney-in-Fact is the present holder of said Security Deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in December, 1999, the property which, as of the time of the execution of said Security Deed, was described as set forth in the attached Exhibit "A." Said sale will be made subject to the following items which may affect the title to said property: All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property. To the best of the undersigned's knowledge and belief, the party in possession of the property is believed to be Cathy C. Long and Richard L. Long.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Alliance Funding Company, a Division of Superior Bank, FSB, as Attorney-in-Fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suit 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land lying and being in (GMD 207) District of Banks County, Georgia, being Lot 19-B, Hudson River Estates, being shown as a 1.716 acre tract on plat of survey prepared for Richard Long by Jimmy D. Bullock, RLS, dated November 21, 1998, and being more particularly described as follows:
Beginning at an iron pin set on the northwesterly right of way of Borders Road (graded) (60' R/W) said iron pin set being located 0.83 mile from the intersection of the centerline of Borders Road and State Road #164; running thence north 31 degrees 15 minutes 25 seconds west a distance of 150.00 feet to an iron pin set; running thence north 13 degrees 56 minutes 34 seconds east a distance of 561.04 feet to an iron pin set; running thence north 43 degrees 00 minutes 08 seconds east a distance of 44.89 feet to an iron pin found; running thence south 01 degree 20 minutes 15 seconds east a distance of 680.96 feet to an iron pin found on the northwesterly right of way of Borders Road; running thence along the northwesterly right of way of Borders Road south 76 degrees 34 minutes 31 seconds west a distance of 106.78 feet to an iron pin set and the point of beginning.
(NV10,17,24,DC1B/372 7000)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by David C. Farman and Marissa Farman to FT Mortgage Companies dba HomeBanc Mortgage Corp., dated August 7, 1997, recorded in Deed Book 119, Page 198, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Eighty Eight Thousand Seven Hundred & No/100 Dollars ($88,700.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December, 1999, the following described property:
See Exhibit "A" attached hereto and made a part hereof
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's 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 knowledge and belief of the undersigned, the party in possession of the property is David C. Farman and Marissa Farman or a tenant or tenants and said property is more commonly known as 129 Ridgeway Terrace, Maysville, GA 30558.
FT Mortgage Companies dba HomeBanc Mortgage Corporation, as Attorney-in-Fact for David C. Farman and Marissa Farman
Stanley H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
56 Perimeter Center East, N.E., Fifth Floor
Atlanta, Georgia 30346
(770) 729-8875
SHM/slb 12/7/98
Our file no. 53564/98-1-11908
The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot No. 17 of Ridgeway Hills, Section I, encompassing 1.00 acre, more or less, as shown on a plat of survey entitled "Survey for David C. Farman and Marissa L. Farman," prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated August 4, 1997 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 22, Page 54, which said plat and the recorded thereof are by reference incorporated herein for a more complete and detailed description.
(NV10,17,24,DC1B/930 6000)

Notice of Sale
Georgia, Banks County
By virtue of the power set forth in a certain Security Deed given by Henry Grady Lord Jr., a/k/a Grady Lord Jr. dated December 30, 1998, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Deed Book 18-Y, Pages 570-572, Jackson County Records, and in Banks County Records in Deed Book 138, Pages 648-650; there will be sold before the Courthouse Door in said County during the legal hours of sale on December 7, 1999, the following described property, to-wit:
Tract One: All that tract or parcel of land and improvements thereon lying and being approximately 1/4 mile West of U.S. Highway 441 on the North side of Ridgeway Road in the 208 G.M. District of Banks County, Georgia containing 0.99 acre and being more particularly described as follows: Beginning at the southeast corner of the tract herein described which joins the southwest corner of property of Gerald L. Sheridan; thence in a counterclockwise direction North 24 degrees East 2.62 chains to an iron pin; thence in a counterclockwise direction North 53 degrees East 1.00 chain to an iron pin; thence in a counterclockwise direction North 8 degrees West 1.48 chain to a rock; thence in a counterclockwise direction South 75 degrees West 4.28 chains to a rock; thence in a counterclockwise direction South 5 degrees West 1.48 chains to an iron pin; thence in a counterclockwise direction North 67 degrees East 2.93 chains to an iron pin on the West side of a road; thence along the road South 11 1/2 degrees West 2.85 chains to an iron pin on the North side of Ridgeway Road; thence along Ridgeway Road South 77 1/2 degrees East to the point of beginning.
The property described herein is the same as that encompassed within the boundaries of a Plat of Survey prepared by H.G. Prickett, Surveyor, dated October 14, 1968 and recorded at Plat Book 3, Page 146, Banks County, Georgia Records, Less and Except that 0.47 acre conveyed to Carolyn S. Wilson from Howard Sheridan by Warranty Deed dated September 14, 1971, and recorded at Deed Book XX, Page 43, Banks County, Georgia Records.
Tract Two: All that tract or parcel of land situate in the 255th District of Jackson County, Georgia, containing 133.12 acres, more or less, more particularly described according to Plat prepared by James D. Barrett, Surveyor, on August 9, 1962, recorded in Clerk's Office of Jackson Superior Court in Plat Book 3, Page 483. Bounded on the North by lands of Wilson and Belliue, on the East by lands of Leachman and Braezeale, on the South by lands of Wheeler and Blacktop Road in part, on the West by lands of Wilson and Dye. Said lands being formerly in three tracts and known as the Blalock property. For a more detailed description to said tract, reference is made to said Plat as recorded.
The debt secured by said deed was and is represented by one note of even date herewith for $537,820.89 and payable with respect to principal and interest as therein provided, together with an installment of other charges, such as taxes, hazard insurance, interest, late charges, if any, and attorney's fees as provided in said security deed. Default having occurred in respect to installments of principal and interest and other charges provided for in said installment, Regions Bank has elected to declare the entire debt due and payable and the power of sale in said deed operative. The proceeds of said sale will be applied to the payment of principal and interest and to the other charges due and collectable under the terms of said deed and note and including attorney's fees as provided in said deed and note and the surplus, if any, will be paid to those entitled thereto as provided for in said Security Deed. To the best of the undersigned's knowledge, information and belief, equitable title to this property is held by Henry Grady Lord Jr., a/k/a Grady Lord Jr.
Regions Bank, as Attorney-in-Fact for Henry Grady Lord Jr., a/k/a Grady Lord Jr.
706-367-5264
Davidson, Hopkins & Booth, Attorneys
Jefferson, Georgia 30549
(NV10,17,24,DC1B/251 8000)

Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Bevis Kenneth Simmons and Teresa D. Simmons to First National Bank of Gainesville D/B/A The Mortgage Source dated December 4, 1991, and recorded in Deed Book 68, Page 542, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Dovenmuehle Mortgage Company, L.P. by assignment dated September 26, 1992 and recorded in Deed Book 75, Page 12, aforesaid records, securing a Note in the original principal amount of $85,500.00; the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 1999, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.44 acres, more or less, according to Plat of Survey dated June 24, 1991, revised December 3, 1991, and recorded among Banks County, Georgia Records in Plat Book 16, at Page 207, reference to said plat being made for a more full and adequate description of the tract herein described and conveyed.
Said property is known as Route 1 Box 374a Summit, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Bevis K. Simmons and Teresa D. Simmons, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Bevis K. Simmons and Teresa D. Simmons, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Dovenmuehle Mortgage Company L.P., A Delaware Limited Partnership by Dovenmuehle Mortgage Inc., A Delaware Corporation, Its Sole General Partner, as Attorney-in-Fact for Bevis Kenneth Simmons and Teresa D. Simmons
File no. 99-3093
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/ks
The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(NV10,17,24,DC1INV)

Bachelor Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Richard W. Bachelor, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to us.
This 1st day of November.
Shirley Bachelor, Executor/Administrator
206 Fair Street
Maysville, GA 30558
(NV24,DC1,8,15P4)

Gailey Estate
State of Georgia
County of Banks
In Re: Estate of Reba Gailey, Deceased
All creditors of the Estate of Reba Gailey, deceased, late of Banks County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to us.
This 15th day of November, 1999.
Sara Frances Watson, Executrix of Reba Gailey, Deceased
(NV24,DC1,8,15P4)

Fleischer Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Thelma Lu Fleischer, deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to us.
This 23 day of November, 1999.
Douglas Warren Fleischer, Executor
1984 Wilson Bridge Road
Homer, GA 30547-9627
(DC1,8,15,22P4)

Belk Estate
Notice to Debtors
and Creditors
State of Georgia
County of Banks
All creditors of the Estate of Montene T. Belk, deceased, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment.
This 4th day of November, 1999.
Deborah T. Black, Executor
165 Stirling Drive
Baldwin, Georgia 30531
(NV10,17,24,DC1P4)

Notice
Georgia, Banks County Probate Court
The petition of Elizabeth P. Lance, for a year's support from the estate of Raymond A. Lance, deceased, for decedent's surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 6, 1999, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(NV10,17,24,DC1B/071 2000)

Smith Estate
Notice to Debtors
and Creditors
All Creditors of the Estate of Don E. Smith, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to us.
This 9th day of November, 1999.
Gail M. Smith, Executor/Administrator
1338 Bennett Road, Homer, GA 30547
(NV17,24,DC1,8P4)

Notice of Sale
Notice of Sale Under Power In Deed to Secure Debt
Under and By Virtue of the power of sale contained in that certain Deed to Secure Debt dated November 3, 1997, given by Solomon Family Restaurants, L.L.C., a Delaware limited liability company ("Borrower"), to Franchise Mortgage Acceptance Company LLC, and recorded in Deed Book 122, at Page 168, et seq., Banks County, Georgia Records; as last assigned and transferred to U.S. Bank National Association, as indenture trustee (as so assigned, said Deed to Secure Debt is hereinafter referred to as the "Security Deed"), and pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including, without limitation, O.C.G.A. §11-9-501, the undersigned will sell at public outcry, to the highest bidder for cash, before the courthouse door of the aforesaid County, within the legal hours of sale on the first Tuesday in December, 1999, the following described property being located at 198 Tanger Drive, Commerce, Georgia 30529 (the "Secured Property").
All of Borrower's right, title and interest as tenant under a certain lease agreement in and to the following described property:
All that tract or parcel of land lying and being in Banks County Georgia, Bushville (208) GMD:
Commencing at a right-of-way marker at the intersection of the north bound ramp of I-85 and U.S. Highway 441, thence running in a southeasterly direction along the eastern right-of-way line of said U.S. Highway 441 south 21 degrees 46 minutes 00 seconds east a distance 200.00 feet to a point, thence continuing along said right-of-way south 65 degrees 43 minutes 30 seconds west a distance of 15.26 feet to a point, thence continuing along said right-of-way south 21 degrees 46 minutes 00 seconds east a distance of 534.53 feet to a point, thence continuing along said right-of-way north 68 degrees 20 minutes 00 seconds east a distance of 30.00 feet to a point, thence continuing along said right-of-way south 21 degrees 46 minutes 00 seconds east a distance of 68 feet to a point formed by the intersection of said U.S. Highway 441 eastern right-of-way and the centerline of the meanders of Crooked Creek, thence continuing along said right-of-way south 21 degrees 46 minutes 15 seconds east distance of 242.97 feet to a point and the True Point of Beginning; thence leaving said right-of-way running north 68 degrees 13 minutes 45 seconds east a distance of 250.00 feet to a point, thence running south 21 degrees 46 minutes 15 seconds east a distance of 225 feet to a point, thence running south 68 degrees 13 minutes 45 seconds west a distance of 250.00 feet to a point on the right-of-way of said U.S. Highway 441, thence running along said right-of-way north 21 degrees 46 minutes 15 seconds west a distance of 225.00 feet to the True Point of Beginning, being all of tract 28 as shown in the amended sub-division plat for Stanley K. Tanger recorded in Plat Book 15, Page 110 of the Banks County, Georgia Records.
Said tract contains 1.29 acres more or less.
Together With any rights appurtenant to, or otherwise related to, the above described land and contained in Annex 1, Annex 2 and Annex 3 set forth below.
Also Together With any rights appurtenant to, or otherwise related to, the above described land and contained in the following:
1. Declaration of Easement by Stanley K. Tanger, dated January 10, 1990, filed for record January 1, 1990 at 11:30 a.m., recorded in Deed Book 57, Page 68, aforesaid Records.
2. Declaration of Easement by Stanley K. Tanger, dated March 13, 1990, filed for record March 15, 1990 at 12:10 p.m., recorded in Deed Book 58, Page 36, aforesaid Records.
3. Declaration of easement from Stanley K. Tanger to J.E.M. Enterprises, Inc., dated May 1990, filed for record May 21, 1990 at 4:30 p.m., recorded in Deed Book 59, Page 331, aforesaid Records.
Annex 1
60 foot ingress egress easement
Commencing at a R/W marker found at the intersection of the north bound ramp of I-85 and U.S. Highway 441, thence running in a southeasterly direction along the eastern right-of-way line of said U.S. Highway 441 South 21 degrees 46 minutes 00 seconds east a distance of 200.00 feet to a point, thence continuing along said right-of-way line south 65 degrees 43 minutes 30 seconds west a distance of 15.26 feet to a point, thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 534.53 feet to a point; thence continuing along said right-of-way line north 68 degrees 20 minutes 00 seconds east a distance of 30.00 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 68.00 feet to a point formed by the intersection of said U.S. Highway 441 eastern right-of-way line and the meanders of Crooked Creek; thence continuing along said right-of-way line south 21 degrees 46 minutes 15 seconds east a distance of 467.97 feet to a point and the true point of beginning thence leaving said right-of-way line running north 68 degrees 13 minutes 45 seconds east a distance of 280.00 feet to a point; thence running south 21 degrees 46 minutes 15 seconds east a distance of 60.00 feet to a point; thence running south 68 degrees 13 minutes 45 seconds west a distance of 280.00 feet to a point on the eastern right-of-way line of U.S. Highway 441; thence along the eastern right-of-way line of U.S. Highway 441 north 21 degrees 46 minutes 15 seconds west a distance of 60.00 feet to the point of beginning containing 0.39 acres more or less.
30 foot ingress egress easement
Commencing at a R/W marker found at the intersection of the north bound ramp of I-85 and U.S. Highway 441; thence running in a southeasterly direction along the eastern right-of-way line of said U.S. Highway 441 south 21 degrees 46 minutes 00 seconds east a distance of 200.00 feet to a point; thence continuing along said right-of-way line south 65 degrees 43 minutes 30 seconds west a distance of 15.26 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 534.53 feet to a point; thence continuing along said right-of-way line north 68 degrees 20 minutes 00 seconds east a distance of 30.00 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 68.00 feet to a point formed by the intersection of said U.S. Highway 441 eastern right-of-way line and the meanders of Crooked Creek; thence continuing along said right-of-way line south 21 degrees 46 minutes 15 seconds east a distance of 127.97 feet to a point; thence leaving said right-of-way line running north 68 degrees 13 minutes 45 seconds east a distance of 250.00 feet to a point and the true point of beginning; thence north 68 degrees 13 minutes 45 seconds east 30.00 feet to a point; thence running south 21 degrees 46 minutes 15 seconds east a distance of 340.00 feet to a point; thence running south 68 degrees 13 minutes 45 seconds west a distance of 30.00 feet to a point, thence north 21 degrees 46 minutes 15 seconds west a distance of 340.00 feet to the point of beginning containing 0.23 acres, more or less.
Annex 2
15 foot utility easement
Commencing at a R/W marker found at the intersection of the north bound ramp of I-85 and U.S. Highway 441, thence running in a southeasterly direction along the eastern right-of-way line of said U.S. Highway 441 south 21 degrees 46 minutes 00 seconds east a distance of 200.00 feet to a point; thence continuing along said right-of-way line south 65 degrees 43 minutes 30 seconds west a distance of 15.26 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 534.53 feet to a point; thence continuing along said right-of-way line north 68 degrees 20 minutes 00 seconds east a distance of 30.00 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 68.00 feet to a point formed by the intersection of said U.S. Highway 441 eastern right-of-way line and the meanders of Crooked Creek; thence continuing along said right-of-way line south 21 degrees 46 minutes 15 seconds east a distance of 127.97 feet to a point; thence leaving said right-of-way line running north 68 degrees 13 minutes 45 seconds east a distance of 235.00 feet to a point and the true point of beginning; thence north 68 degrees 13 minutes 45 seconds east 15.00 feet to a point; thence running south 21 degrees 46 minutes 15 seconds east a distance of 340.00 feet to a point; thence running south 68 degrees 13 minutes 45 seconds west a distance of 15.00 feet to a point; thence north 21 degrees 46 minutes 15 seconds west a distance of 340.00 feet to the point of beginning containing 0.12 acres, more or less.
Annex 3
15 foot utility easement
Commencing at a R/W marker found at the intersection of the north bound ramp of I-85 and U.S. Highway 441; thence running in a southeasterly direction along the eastern right-of-way line of said U.S. Highway 441 south 21 degrees 46 minutes 00 seconds east a distance of 200.00 feet to a point; thence continuing along said right-of-way line south 65 degrees 43 minutes 30 seconds west a distance of 15.26 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 534.53 feet to a point; thence continuing along said right-of-way line north 68 degrees 20 minutes 00 seconds east a distance of 30.00 feet to a point; thence continuing along said right-of-way line south 21 degrees 46 minutes 00 seconds east a distance of 68.00 feet to a point formed by the intersection of said U.S. Highway 441 eastern right-of-way line and the meanders of Crooked Creek, thence continuing along said right-of-way line south 21 degrees 46 minutes 15 seconds east a distance of 127.97 feet to a point; thence leaving said right-of-way line running north 68 degrees 13 minutes 45 seconds east a distance of 235.00 feet to a point and the true point of beginning; thence north 68 degrees 13 minutes 45 seconds east 15.00 feet to a point, thence running south 21 degrees 46 minutes 15 seconds east a distance of 115.0 feet to a point; thence running south 68 degrees 13 minutes 46 seconds west a distance of 15.00 feet to a point; thence north 21 degrees 45 minutes 15 seconds west a distance of 115.0 feet to the point of beginning.
Together with all of Borrower's right, title and interest, whether in fee or in leasehold, in and to all buildings and improvements now or hereafter located on such property; all modifications and extensions and renewals of the lease of such property and all credits, deposits, options, purchase options, privileges and rights of Borrower under the lease of such property, including, but not limited to, the right, if any, to renew or extend the lease of such property for a succeeding term or terms or to acquire fee title to or other interest in all or any portion of such property or the improvements thereon; all of the estate, right, title, claim or demand of any nature whatsoever of Borrower, either at law or in equity, in possession or expectancy, in and to such property or any part thereof; all easements, rights-of-way, gores of land, streets, ways, alleys, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, heriditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Secured Property (including, without limitation, any and all development rights, air rights or similar or comparable rights of any nature whatsoever now or hereafter appurtenant to such property or now or hereafter transferred to such property) and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining such property to the center line thereof; all machinery, apparatus, equipment, fittings, fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon such property, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of such property and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon such property (collectively, the "Equipment") and the right, title and interest of Borrower in and to any of the Equipment which may be subject to any security agreements superior in lien to the lien of the Security Deed; all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Secured Property, whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Secured Property; all leases and other agreements affecting the use or occupancy of the Secured Property; all proceeds of and any unearned premiums on any insurance policies covering the Secured Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments or settlements made in lieu thereof, for damage to the Secured Property; and all proceeds of the foregoing.
To the best of the knowledge of the undersigned, the Secured Property is in the possession of the Borrower, Solomon Family Restaurants, L.L.C., a Delaware limited liability company, or other persons in possession by, through or under Borrower.
The undersigned may sell that portion of the Secured Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate (the "Mortgaged Real Property") separately from that portion of the Secured Property as constitutes under the laws of the State of Georgia personalty and not an interest in real estate (the "Mortgaged Personal Property"), in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned's intent shall be given by announcement made at the commencement of the public sale.
The undersigned, at its option, may accept a single bid for the Mortgaged Real Property, the Mortgaged Personal Property and certain other real and personal property which is being offered for sale in various counties in the State of Georgia concurrently herewith under certain related documents securing certain related indebtedness.
The Mortgaged Real Property will be sold on an "as is, where is" basis without recourse against the undersigned and without representation or warranty of any kind or nature whatsoever with respect thereto. The transfer of the Mortgaged Real Property to any purchaser will require the written consent of the landlord under the lease of the Mortgaged Real Property and that the purchaser assume all obligations of the tenant under such lease. The Mortgaged Real Property will be sold subject to the rights of the landlord under the lease of the Mortgaged Real Property and subject to the following items which may affect title to said property; all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of such property; any outstanding taxes, including, but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property and all other easements, limititions, restrictions, reservations, covenants and encumbrances of record which are prior in right to the Security Deed.
The Mortgaged Personal Property will be sold on an "as is, where is" basis without recourse against the undersigned and without representation or warranty of any kind or nature whatsoever with respect thereto. The Mortgaged Personal Property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the Mortgaged Personal Property and which are prior in right to the Security Deed and subject to all other encumbrances of record which are prior in right to the Security Deed.
The Security Deed was given to secure that certain Secured Promissory Note dated November 3, 1997, in the original principal amount of $1,431,000 and made by Borrower to the order of Franchise Mortgage Acceptance Company LLC, as last assigned by endorsement to U.S. Bank National Association, as indenture trustee (said note, as so assigned, is hereinafter referred to as the "Note"). The indebtedness evidenced by the Note and secured by the Security Deed (the "Indebtedness") has been and is hereby declared due and immediately payable because of default by Borrower in payment of the Indebtedness in accordance with the terms of the Note and the Security Deed and the failure of Borrower to perform its obligations under the Security Deed.
The proceeds of the sale of the Secured Property shall be applied in accordance with the Security Deed (i) the payment of the costs and expenses of this sale, including the expenses of protecting the Secured Property and attorney's fees (notice of intent to collect attorneys' fees having been given pursuant to O.C.G.A. §13-1-11), (ii) payment of the indebtedness secured by the Security Deed, and (iii) the surplus, if any, to the person or persons legally entitled thereto.
U.S. Bank National Association, as indenture trustee, as Attorney-in-Fact for Solomon Family Restaurants, L.L.C.
Diane S. White
King & Spalding
191 Peachtree Street
Atlanta, Georgia 30303-1763
(404) 572-4600
(NV10,17,24,DC1P4)

Notice of Sale
Store No. 5250
Under and by virtue of the terms of that certain Pledge and Security Agreement dated November 3, 1997 by and between Solomon Family Restaurants, L.L.C. (the "Debtor") and Franchise Mortgage Acceptance Company LLC, as last assigned and transferred to U.S. Bank National Association, as indenture trustee ("Secured Party"), pursuant to the applicable provisions of the Uniform Commercial Code including, without limitation, U.C.C. §9-504 et. seq., Secured Party, as secured creditor and attorney-in-fact for the Debtor, will on December 7, 1999 sell at public outcry to the highest and best bidder all of Debtor's right, title and interest in and to all of the following property (collectively the "Property"):
All goods, including, without limitation, all inventory held by Debtor for sale or lease or to be furnished under contracts of service, all inventory so furnished by Debtor, all raw materials and work in process, and all materials used or consumed in Debtor's business of operating a restaurant at Tanger Drive, Commerce, GA 30529 as a franchisee (the "Business") and all documents of title covering any inventory, and all equipment and other goods used or bought for use primarily in the Business, including, without limitation, machines, computers, fixtures, furnishings, furniture, appliances, tools and supplies and the like employed in connection with the Business, together with all additions, attachments, accessions thereto, all replacements, improvements and betterments thereof and all substitutions therefor; all general intangibles, including, without limitation, all agreements, contracts, writings, memoranda, confirmations, passbooks, signature cards, acknowledgments, understandings, contract rights, licenses, leases, permits, filings, consents, and approvals, and all puts, calls, options, warrants, and securities, and all security interests, patents, inventions, processes, lists (including customer and supplier lists), methods, and information (including proprietary information, director and shareholder, sales, business, financial, accounting, forecasts, projections, media and other information), know how, software, programs, plans, data, blueprints, designs, drawings, surveys, notices, copyrights, trademarks, trade names, trade secrets, service marks, service names, logos and goodwill, and all recordings and registrations thereof, applications for recording or registration, renewals, modifications, supplements, reissues, continuations, extensions, divisions thereof and rights corresponding thereto, and all manuals, standards, practices, mail, advertisements, files, reports, books, catalogs, records, journals, invoices, and bills, and all rights (including voting rights, rights to receive notice or to consent, rights to payment, interest, dividends, distributions or earnings, rights to sue and enforce), powers (including powers of attorney), privileges, benefits, and remedies relating thereto or arising in connection therewith, but specifically excluding the franchise agreement pursuant to which Debtor operates the Business and Debtor's license to use trademarks thereunder (collectively, the "Franchise Agreement"); all accounts, certificates of title, fixtures, money, instruments, securities, documents, chattel paper, deposits, credits, claims, demands and other personal property owned, acquired, held, used, sold or consumed in connection with the Business and any other property, rights and interests of Debtor which relate to, arise out of or in connection with the foregoing; all additions thereto, substitutions therefor and replacements thereof; all interest, income, dividends, distributions and earnings thereon or other monies or revenues derived therefrom, including any such property received in connection with any disposition of the Franchise Agreement and all moneys which may become payable under any policy insuring the foregoing (including return of unearned premium); and all income, products and proceeds of the foregoing.
The Property consists of goods, inventory, equipment, intangibles, accounts and other personal property which are owned by the Debtor and in which Secured Party holds a lien and security interest. The Property will be sold as one unit. The sale will be held before the courthouse door of Banks County, Georgia, and will commence at 12:00 p.m. on Tuesday, December 7, 1999. All persons attending will be given the opportunity to bid on a competitive basis.
Terms of the sale: cash, to be paid by the highest bidder immediately upon the closing of the bids. The Property will be sold subject to taxes and special assessments, if any.
Secured Party retains the right to purchase the Property through a credit to certain of the indebtedness owing to it by Debtor.
U.S. Bank National Association, as indenture trustee, as agent and attorney-in-fact for Solomon Family Restaurants, L.L.C.
Diane S. White, Esq.
King & Spalding
191 Peachtree Street, 49th Floor
Atlanta, Georgia 30303
(404) 572-4600
(NV24,DC1P2)


Home / Job Market / Real Estate / Automotive / Classifieds
Jackson Community / Banks Community / Madison Community
The Jackson Herald / The Commerce News
The Madison County Journal / The Banks County News / Sports
Advertising / Printing / Banks County Legals / Jackson County Legals
Features / Archives / MainStreet History / Links
Send A Letter
/ Subscribe / Place A Classified Ad / List Your Business

Search this site


The Banks County News - Homer, Georgia
Telephone: (706) 367-5233 Fax: (706) 367-8056
Email MainStreet ADVERTISING OR PRINTING
Email MainStreet NEWS DEPARTMENTS

® Copyright 1999 MainStreet Newspapers, Inc. All rights reserved.