Details for 40283133 1925-001A 12/6, 13, 20, 27; 2017 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF DOUGLAS


40283133 1925-001A 12/6, 13, 20, 27; 2017

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF DOUGLAS Under and by virtue the Power of Sale contained in that certain Deed to Secure Debt, Assignment of Leases and Rents, Security Agreement and Fixture Filing from Shimana Georgia, LLC (“Grantor” herein) and B2R Finance, L.P., dated July 11, 2016, filed July 15, 2016, and recorded in Deed Book 3403, Page 721, Douglas County, Georgia records (the “Security Deed”), said Security Deed most recently assigned to Finance of America Commercial LLC, a Delaware limited liability company (“Grantee” herein) by virtue of that certain Assignment of Security Instrument dated as of June 5, 2017, filed June 22, 2017, and recorded in Deed Book 3500, Page 808, aforesaid records, Grantee, as attorney-in-fact for Grantor, will sell at public outcry to the highest and best bidder for cash before the courthouse doors in Douglas County, Georgia, during the legal hours of sale, on the first Tuesday in January, 2018, the following described real property (the “Land”), to wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 958 OF THE 18TH DISTRICT, 2ND SECTION, DOUGLAS COUNTY, GEORGIA, BEING LOT NO. 2, COUNTRY OAKS SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 16, PAGE 126, DOUGLAS COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY BEING KNOWN AS 2180 COUNTRY OAK DRIVE ACCORDING TO THE PRESENT SYSTEM OF NUMBERING PROPERTY IN DOUGLAS COUNTY, GEORGIA. TOGETHER WITH all other real and personal property that constitutes the “Property” (as that term is defined in the Security Deed). The debt secured by the Security Deed is evidenced by a promissory note by and between Grantor and B2R Finance, L.P. in the original principal amount of $1,892,150.00 (as amended, replaced, restated and/or modified, the “Note”) plus interest on the unpaid balance until paid. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described property will be sold to the highest and best bidder for cash, the proceeds to be applied as provided in the Note and Security Deed. The sale shall be subject to the following: (i) all taxes and assessments outstanding, including those which are a lien not yet due and payable; (ii) rights of tenants in possession, as tenants only, under unrecorded leases; (iii) laws and regulations of governmental authorities applicable to the Property (as defined in the Security Deed); (iv) the exact location of building lines, unrecorded easements, possible encroachments and other facts or conditions which would be disclosed by an accurate survey and inspection of the Land, and rights, if any, of persons who may be in possession under claims not appearing of record; (v) rights of upper and lower riparian owners, if any, in and to the waters of creeks and branches crossing or adjoining the Land, and the natural flow thereof, free from diminution or pollution; and (vi) any other 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, the party in possession of the real property is Shimana Georgia, LLC. Finance of America Commercial LLC, as Attorney-In-Fact for Shimana Georgia, LLC Charles B. Waters, Jr. Aldridge Pite, LLP Fifteen Piedmont Center 3575 Piedmont Road, NE, Suite 500 Atlanta, Georgia 30305 (404) 994-7426 File Number 1925-001A


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