Details for 40281483 ARC 11/8, 15, 22, 29; 2017 NOTICE OF SALE UNDER POWER COUNTY OF DOUGLAS STATE OF GEORGIA

Updated

40281483 ARC 11/8, 15, 22, 29; 2017

NOTICE OF SALE UNDER POWER COUNTY OF DOUGLAS STATE OF GEORGIA By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement (“Deed to Secure Debt”) dated as of May 16, 2007 from ARC CVDVLGA001, LLC, a Delaware limited liability company (“Borrower”), to UBS Real Estate Investments Inc., a Delaware corporation (“Original Lender”), recorded May 24, 2007, as Document No. 001970610067, in Book 2566, page 441, of the Official Records of the Clerk of the Superior Court of Douglas County, Georgia (“Records”), securing subject property in the original amount of $4,420,000.00; as affected by Assignment of Deed to Secure Debt and Security Agreement from Original Lender to UBS Real Estate Securities, Inc., a Delaware corporation, dated August 1, 2007, recorded October 23, 2007, as Document No. 002158990006, in Book 2633, Page 100 of the Records; as affected by Assignment of Deed to Secure Debt and Security Agreement and Assignment of Assignment of Leases and Rents dated August 30, 2007 from UBS Real Estate Securities, Inc., a Delaware corporation, to LaSalle Bank National Association, as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP12. Commercial Mortgage Pass-Through Certificates, Series 2007-LDP12, recorded April 10, 2008, as Document No. 002379630004, in Book 2689, Page 318 of the Records; as affected by Assignment of Deed to Secure Debt and Security Agreement and other Loan Documents from Bank of America, N.A., a National Banking Association (successor by merger to LaSalle Bank National Association, a National Banking Association), as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP12, Commercial Mortgage Pass-Through Certificates, Series 2007-LDP12, to U.S. Bank National Association, a National Banking Association organized and existing under the laws of the United States of America, not in its individual capacity but solely in its capacity as trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP12, Commercial Mortgage Pass-Through Certificates, Series 2007-LDP12, recorded May 22, 2014, as Document No. 007216280004, in Book 3218, page 398, of the Records; as affected by Assignment of Leases and Rents dated as of May 16, 2007 from ARC CVDVLGA001, LLC, a Delaware limited liability company, to UBS Real Estate Investments Inc., a Delaware corporation, recorded May 24, 2007, as Document No. 001970620010, in Book 2566, page 508, of the Records; as affected by Assignment of Assignment of Leases and Rents from Original Lender to UBS Real Estate Securities, Inc., a Delaware corporation dated August 1, 2007, recorded October 23, 2007, as Document No. 00215890006, in Book 2633, Page 94 of the Records; as affected by Assignment of Deed to Secure Debt and Security Agreement and Assignment of Assignment of Leases and Rents dated August 30, 2007 from UBS Real Estate Securities, Inc., a Delaware corporation, to LaSalle Bank National Association, as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP12, Commercial Mortgage Pass-Through Certificates, Series 2007-LDP12, recorded April 10, 2008, as Document No. 002379630004, in Book 2689, Page 318 of the Records; as affected by Assignment of Assignment of Leases and Rents from Bank of America, N.A., a National Banking Association (successor by merger to LaSalle Bank National Association, a National Banking Association), as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP12, Commercial Mortgage Pass-Through Certificates, Series 2007-LDP12, to U.S. Bank National Association, a National Banking Association organized and existing under the laws of the United States of America, not in its individual capacity but solely in its capacity as trustee for the for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP12, Commercial Mortgage Pass-Through Certificates, Series 2007-LDP12, recorded May 22, 2014, as Document No. 007216290003, in Book 3218, page 402, of the Records, to secure that certain Promissory Note dated May 16, 2007 in the principal amount of Four Million Four Hundred Twenty Thousand and No/100 Dollars ($4,420,000.00) (the “Promissory Note”), with interest thereon as provided for therein, and also pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia (“UCC”), including, without limitation O.C.G.A. 11-9-604, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Douglas County, Georgia within the legal hours of sale on the first Tuesday in December, 2017, the following described property including real property, fixtures, improvements, and personal property (hereinafter, collectively, the “Property”): All that tract or parcel of land lying and being in Land Lot 51 of the 1st District, 5th Section, City of Douglasville, Douglas County, Georgia and being more particularly described as follows: Commencing at an 5/8" rebar set at the intersection of the Northern right of way of Georgia Highway 92 (variable right of way) with the Eastern right of way of Hospital Drive (60' right of way); thence along said right of way of Hospital Drive the following courses and distances: North 01 degrees 33 minutes 17 seconds East, a distance of 134.57 feet to a 5/8" rebar found; North 01 degrees 33 minutes 17 seconds East, a distance of 39.14 feet to a point; said point being the true point of beginning; thence North 01 degrees 33 minutes 17 seconds East, a distance of 50.00 feet to a point; thence leaving said right of way South 88 degrees 21 minutes 54 seconds East, a distance of 165.55 feet to a point; thence North 71 degrees 57 minutes 36 seconds East, a distance of 226.57 feet to a point; thence South 88 degrees 27 minutes 53 seconds East, a distance of 23.65 feet to a point; thence South 09 degrees 38 minutes 45 seconds West, a distance of 158.62 feet to a point; thence South 16 degrees 17 minutes 11 seconds East, a distance of 67.30 feet to a point; thence South 71 degrees 59 minutes 01 seconds West, a distance of 117.19 feet to a point; thence North 90 degrees 00 minutes 00 seconds West, a distance of 141.90 feet to a point; thence North 01 degrees 46 minutes 59 seconds East, a distance of 109.27 feet to a PK nail found; thence North 18 degrees 00 minutes 59 seconds West, a distance of 66.04 feet to a point; thence North 88 degrees 20 minutes 28 seconds West, a distance of 103.97 feet to a point; thence South 36 degrees 16 minutes 20 seconds West, a distance of 40.43 feet to a point located on the Eastern right of way of Hospital Drive; said point being the true point of beginning. Said tract of land contains 1.280 acres as shown on that certain survey entitled ALTA/ACSM Land Title Survey for Chicago Title Insurance Company, Commercial Development Group, Inc., Green Point Partners, LLC and Branch Banking and Trust Company; prepared by GeoSurvey, Ltd., bearing the seal and certification of Trenton D. Turk, Georgia Registered Land Surveyor No. 2411, dated January 31, 2005; last revised June 27, 2006. Together with those easement rights arising under that certain Reciprocal Easement Agreement by and between Najjar Douglasville Investments, LLC, a Georgia limited liability company, and Green Point Partners, LLC, a Georgia limited liability company, dated effective as of June 30, 2006, filed for record July 3, 2006 at 2:18 pm recorded in Deed Book 2388, page 1, records of Douglas County, Georgia. Said tract or parcel of land being herein referred to as the “Premises”. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter located thereon (the “Improvements”); Together with all right, title, interest and estate of Borrower now owned, or hereafter acquired, in and to the following property, rights, interests and estates (the Premises, the Improvements, and the property, rights, interests and estates hereinafter described are collectively referred to herein as the “Secured Property”); (a) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, all rights to oil, gas, minerals, coal and other substances of any kind or character, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road, highway, alley or avenue, opened, vacated or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtenances thereto; (b) all machinery, furniture, furnishings, equipment, computer software and hardware, fixtures (including, without limitation, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Borrower or in which Borrower has or shall have an interest, now or hereafter located upon the Premises and/or the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and/or the Improvements, 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 the Premises and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation, enjoyment and occupancy of the Premises and the Improvements (hereinafter collectively referred to as the "Equipment"), including any leases of any of the foregoing, any deposits existing at any time in connection with any of the foregoing, and the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Borrower in and to any of the Equipment that may be subject to any "security interests" as defined in the Uniform Commercial Code, as adopted and enacted by the State or States where any of the Secured Property is located (the "Uniform Commercial Code"), superior in lien to the lien of the Deed to Secure Debt; (c) all awards or payments, including interest thereon, that may heretofore and hereafter be made with respect to the Premises and/or the Improvements, whether from the exercise of the right of eminent domain or condemnation (including, without limitation, any transfer made in lieu of or in anticipation of the exercise of said rights), or for a change of grade, or for any other injury to or decrease in the value of the Premises and/or Improvements; (d) all leases and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises and the Improvements, including any extensions, renewals, modifications or amendments thereof (hereinafter collectively referred to as the "Leases") and all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, fees, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other payment and consideration of whatever form or nature received by or paid to or for the account of or benefit of Borrower or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements (hereinafter collectively referred to as the "Rents"), together with all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the debt; (e) 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; (f) The right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Secured Property and to commence any action or proceeding to protect the interest of holder in the Secured Property; (g) all accounts, escrows, documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code, and all franchises, trade names, trademarks, symbols, service marks, books, records, plans, specifications, designs, drawings, permits, consents, licenses, management agreements, contract rights (including, without limitation, any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair, or other work upon the Secured Property), approvals, actions, refunds of real estate taxes and assessments (and any other governmental impositions related to the Secured Property), and causes of action that now or hereafter relate to, are derived from or are used in connection with the Secured Property, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter collectively referred to as the "Intangibles"); and (h) all proceeds, products, offspring, rents and profits from any of the foregoing, including, without limitation, those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing. The personal property will be sold on an “as is, where is” basis without recourse against Original Lender or any lender and without representation or warranty of any kind or nature whatsoever, express or implied, with respect thereto, including, without limitation the warranties of merchantability and fitness for any particular purpose. The personal property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the personal property and which are prior in right to the Deed to Secure Debt. The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt and Promissory Note including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of this sale, including statutory attorney's fees (notice of intent to collect attorney's fees having been given) and all other payments provided for under the terms of said Deed to Secure Debt and Promissory Note, and the balance, if any, will be distributed as provided by law. 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 Deed to Secure Debt. Prior notice of this sale has been provided to Borrower more than 30 days in advance of the sale date. To the best knowledge and belief of the undersigned, the party in possession of the property is the Borrower, ARC CVDVLGA001, LLC, a Delaware limited liability company, or other persons in possession with the consent or acquiescence of the Borrower. ARC CVDVLGA001, LLC,
a Delaware limited liability company Contact: Stephen D. Peterson, Esq. McGuireWoods LLP 1230 Peachtree Street, Suite 2100 Atlanta, Georgia 30309 (404) 443-5500

Categories

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.