Details for 40269932 Dagosta 6/7, 14, 21, 28; 2017 NOTICE OF SALE

Updated

40269932 Dagosta 6/7, 14, 21, 28; 2017

NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF DOUGLAS Under and by virtue of the Power of Sale contained in the Security Deed from Robert A. Dagosta to National Bank of St Anne, dated October 31, 2007 and recorded in Deed Book 3081, Page 402, in the offices of the Clerk of the Superior Court of Douglas County, Georgia, as affected by Subordination Agreement dated May 2, 2017 and recorded in Deed Book 3485, Page 909, aforesaid records (as same may have been modified from time to time, collectively the “Security Deed”) and pursuant to that certain Discharge of Debtor entered August 1, 2013, in Chapter 13 Case No. 13-55121-bem, United States Bankruptcy Court, Northern District of Georgia, Atlanta Division; the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Douglas County, Georgia, during the legal hours of sale, on the first Wednesday in July, 2017 the following described real property, to wit: Tract 1: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 206 OF THE 18TH DISTRICT, 2ND SECTION OF DOUGLAS COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN LOCATED ON THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET, WHICH IRON PIN IS LOCATED 561.7 FEET NORTH 0 DEGREES 58 MINUTES WEST FROM THE SOUTH LINE OF LAND LOT 206, AS MEASURED ALONG THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET; RUNNING THENCE NORTH 87 DEGREES 02 MINUTES 42 SECONDS WEST A DISTANCE OF 150.0 FEET TO AN IRON PIN PLACED RUNNING THENCE NORTH 00 DEGREES 58 MINUTES WEST A DISTANCE OF 89.8 FEET TO AN IRON PIN PLACED; RUNNING THENCE SOUTH 87 DEGREES 01 MINUTES 22 SECONDS EAST A DISTANCE OF 150.0 FEET TO AN IRON PIN PLACED; RUNNING THENCE SOUTH 00 DEGREES 58 MINUTES EAST A DISTANCE OF 89.8 FEET TO AN IRON PIN PLACED AT THE TRUE POINT OF BEGINNING AND BEING IMPROVED PROPERTY WITH A METAL BUILDING LOCATED THEREON; AS PER PLAT PREPARED BY MID ATLANTIC SURVEYING CO., INC., REGISTERED LAND SURVEYOR, DATED NOVEMBER 6, 1986 WHICH IS MADE A PART HEREOF AND INCORPORATED HEREIN. ALSO CONVERTED HEREWITH IS THE RIGHT OF INGRESS AND EGRESS AS TO THE SOUTH 10 FEET OF A 20-FOOT DRIVEWAY EASEMENT TO BE USED IN COMMON WITH THE ADJACENT PROPERTY OWNERS. BEGINNING AT AN IRON PIN LOCATED ON THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET WITH IRON PIN IS LOCATED 651.5 FEET NORTH 0 DEGREES 58 MINUTES WEST FROM THE SOUTH LINE OF LAND LOT 206, AS MEASURED ALONG THE WEST LINE OF THE RIGHT OF WAY OF HOTEL STREET; RUNNING THENCE NORTH ALONG THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET A DISTANCE OF 10 FEET TO AN IRON PIN; RUNNING THENCE NORTH 87 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 282 FEET; RUNNING THENCE SOUTH 0 DEGREES 28 MINUTES 02 SECONDS WEST A DISTANCE OF 10 FEET; RUNNING THENCE SOUTH 87 DEGREES 01 MINUTES 22 SECONDS EAST A DISTANCE OF 282 FEET TO AN IRON PIN LOCATED ON THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET. ALSO, THE ABOVE DESCRIBED PROPERTY CONVEYED SUBJECT TO A 10-FOOT EASEMENT FOR INGRESS AND EGRESS IN COMMON AS TO, THE ADJACENT PROPERTY OWNERS. THE SAID 10-FOOT EASEMENT FOR INGRESS AND EGRESS INCLUDES THE NORTH 10 FEET OF THE FIRST ABOVE DESCRIBED PROPERTY. TRACT B: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 206 OF THE 18TH DISTRICT, 2ND SECTION OF DOUGLAS COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO ARRIVE AT THE TRUE POINT OF BEGINNING, BEGIN AT AN IRON PIN LOCATED ON THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET, WHICH IRON PIN IS LOCATED 561.7 FEET NORTH 00 DEGREES 58 MINUTES WEST FORM THE SOUTH LINE OF LAND LOT 206, AS MEASURED ALONG THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET; RUNNING THENCE NORTH 87 DEGREES 02 MINUTES 42 SECONDS WEST A DISTANCE OF 150.0 FEET TO AN IRON PIN PLACED RUNNING THENCE NORTH 00 DEGREES 58 MINUTES WEST A DISTANCE OF 89.8 FEET TO AN IRON PIN PLACED; RUNNING THENCE SOUTH 87 DEGREES 01 MINUTES 22 SECONDS EAST A DISTANCE OF 150.0 FEET TO AN IRON PIN PLACED; RUNNING THENCE SOUTH 00 DEGREES 58 MINUTES EAST A DISTANCE OF 89.8 FEET TO AN IRON PIN PLACED AT THE TRUE POINT OF BEGINNING AND BEING IMPROVED PROPERTY WITH A METAL BUILDING LOCATED THEREON; AS PER PLAT PREPARED BY MID ATLANTIC SURVEYING CO., INC., REGISTERED LAND SURVEYOR, DATED NOVEMBER 6, 1986, WHICH IS PART HEREOF AND INCORPORATED HEREIN. ALSO CONVEYED HEREWITH IS THE RIGHT OF INGRESS AND EGRESS AS TO THE SOUTH 10 FEET OF A 20-FOOT DRIVEWAY EASEMENT TO BE USED IN COMMON WITH ADJACENT PROPERTY OWNERS. BEGINNING AT AN IRON PIN LOCATED ON THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET WITH IRON PIN IS LOCATED 651.5 FEET NORTH 0 DEGREES 58 MINUTES WEST FROM THE SOUTH LINE OF LAND LOT 206, AS MEASURED ALONG THE WEST LINE OF THE RIGHT OF WAY OF HOTEL STREET; RUNNING THENCE NORTH ALONG THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET A DISTANCE OF 10 FEET TO AN IRON PIN; RUNNING THENCE NORTH 87 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 282 FEET; RUNNING THENCE SOUTH 0 DEGREES 28 MINUTES 02 SECONDS WEST A DISTANCE OF 10 FEET; RUNNING THENCE SOUTH 87 DEGREES 01 MINUTES 22 SECONDS EAST A DISTANCE OF 282 FEET AN IRON PIN LOCATED ON THE WEST SIDE OF THE RIGHT OF WAY OF HOTEL STREET. ALSO, THE ABOVE DESCRIBED PROPERTY CONVEYED SUBJECT TO A 10-FOOT EASEMENT FOR INGRESS AND EGRESS IN COMMON AS TO, THE ADJACENT PROPERTY OWNERS. THE SAID 10-FOOT EASEMENT FOR INGRESS AND EGRESS INCLUDES THE NORTH 10 FEET OF THE FIRST ABOVE DESCRIBED PROPERTY. THIS CONVEYANCE IS MADE SUBJECT TO ALL ZONING ORDINANCES, EASEMENTS AND RESTRICTIONS OF RECORD AFFECTING SAID BARGAINED PREMISES. PARCEL ID: 02061820031 PROPERTY BEING MORE COMMONLY KNOWN AS: 6289 VETERAN’S MEMORIAL HIGHWAY, SW, AUSTELL, DOUGLAS COUNTY, GEORGIA 30168 The debt secured by the Security Deed is evidenced by a Promissory Note, dated October 31, 2007, executed by Robert A. Dagosta to National Bank of St Anne, in the original principal amount of $216,750.00 (as same may have been further modified, renewed or amended, the "Note"), plus interest from date on the unpaid balance until paid, and other indebtedness. 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 and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of Robert A. Dagosta, the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, possible redemptive rights of the U.S. Small Business Administration, if any; and all other prior assessments, easements, restrictions or matters of record. To the best of the undersigned's knowledge and belief, the real property is presently owned by Robert A. Dagosta. To the best of the undersigned's knowledge and belief, the party in possession of the real property is Robert A. Dagosta, and tenants holding under him. National Bank of St Anne, as Attorney-in-Fact for Robert A. Dagosta. M. Todd Westfall, Esquire Howick, Westfall & Kaplan, LLP Suite 600, One Tower Creek 3101 Towercreek Parkway Atlanta, Georgia 30339 (678) 384-7005

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