Details for 40276444 50524-0003 Metro City Bank 9/6, 13, 20, 27;
40276444 50524-0003 Metro City Bank 9/6, 13, 20, 27; 2017
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF DOUGLAS UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt dated March 18, 2016, executed and delivered by Smith Auto Spa/Douglasville, LLC (“Grantor”) to METRO CITY BANK, and recorded in Deed Book 3372, Page 232, Douglas County real estate records (the “Security Deed”), conveying the after-described property to secure that certain promissory note (“Note 1”) from SAS PROPERTY HOLDING COMPANY, LLC to METRO CITY BANK, dated March 18, 2016, in the original principal amount of One Million Two Hundred and Sixteen Thousand Three Hundred Dollars and No/100 ($1,216,300.00), and that certain promissory note (as modified, “Note 2”) (collectively with Note 1, the “Notes”) from SAS PROPERTY HOLDING COMPANY, LLC to METRO CITY BANK, dated July 6, 2016, in the original principal amount of One Million Three Hundred and Sixty Thousand Dollars and No/100 ($1,360,000.00), as modified by that certain first temporary extension agreement dated July 17, 2017, by and between SAS Property Holding Company, LLC and METRO CITY BANK, Metro City Bank, being the current owner and holder of the Notes, with interest thereon as set forth therein, there will be a sale at public outcry to the highest bidder for cash before the courthouse door of Douglas County, Georgia during the legal hours of sale on the first Tuesday of October, 2017, of the following described property (the “Property”): All that tract or parcel of land lying and being in Land Lot 23 of the 1st District, 5th Section. City of Douglasville, Douglas County, Georgia, and being more particularly described as follows: BEGINNING at a 5/8-inch rebar set at the intersection of the western right-of-way of Chapel Hill Road (variable right-of-way) with the northern right-of-way of Douglas Boulevard (100’ right-of-way); Thence along said right-of-way of Douglasville Boulevard the following courses and distances: North 87 degrees 49 minutes 32 seconds West a distance of 32.66 feet to a 5/8-inch rebar set; along a curve to the right with an arc length of 126.54 feet, said curve having a radius of 522.96 feet, with a chord distance of 126.23 feet, at North 80 degrees 59 minutes 10 seconds West, to a 1/2–inch rebar found at the division line between BP Products North America Inc. (Deed Book 1694, Page 771) on the east and Outback Steakhouse of Florida, Inc. (Deed Book 971, Page 500) on the west; Thence leaving said right-of-way, along said division line, North 00 degrees 32 minutes 08 seconds West a distance of 215.34 feet to a 1/2-inch rebar found at the property corner common to BP Products North America Inc. (Deed Book 1694, Page 771); CNL Net Lease Funding 2001, LP (Deed Book 1477, Page 285) and Outback Steakhouse of Florida, Inc. (Deed Book 971, Page 500); Thence along the division line between BP Products North America Inc. and CNL Net Lease Funding 2001, LP. South 87 degrees 43 minutes 30 seconds East a distance of 203.29 feet to a 5/8-inch rebar set on the western right-of-way of Chapel Hill Road; Thence along said right-of-way the following courses and distances: along a curve to the right with an arc length of 165.34 feet, said curve having a radius of 5660.57 feet, with a chord distance of 165.33 feet, at South 02 degrees 52 minutes 11 seconds East, to a 5/8-inch rebar set; South 39 degrees 30 minutes 43 seconds West a distance of 81.86 feet to a 5/8-inch rebar set, said point being the TRUE POINT OF BEGINNING. Said tract of land containing 1.044 Acres, as shown on that ALTA/ACSM Land Title Survey for BP Products North America, Inc., Douglasville Georgia Premium, LLC and First American Title Insurance Company, prepareD by GeoSurvey, Ltd. Dated October 7, 2009, last revised February 9, 2010, and being that certain property known as 2777 Chapel Hill Road, Douglasville, Georgia. The indebtedness secured by the Security Deed has been and is hereby declared due and payable by reason of default for, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes and the Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying said debt and all expenses of this sale, as provided in the Security Deed and by law, including but not limited to attorneys’ fees (the statutory notice of intent to collect attorneys’ fees having been served). The Property will be sold subject to any outstanding ad valorem taxes (including taxes that are a lien, but not yet due and payable); any matters that might be disclosed by an accurate survey and/or inspection of the Property; any assessments, liens, encumbrances, zoning ordinances, restrictions, and covenants, and matters of record superior to the Security Deed. Additionally, this sale will be conducted subject to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and subject to final confirmation and audit of the status of the loan with the holder of the Security Deed. Notice to the debtor as required by O.C.G.A. § 44-14-162.2 has been given. Please note that Metro City Bank, located at the business address of 5441 Buford Highway, Suite 109, Doraville, GA 30340 is the entity that has the full authority to negotiate, amend or modify the terms of the loan documents. Metro City Bank can be contacted through the following representative, Doroteya N. Wozniak, Esq., James-Bates-Brannan-Groover-LLP, 3399 Peachtree Road, N.E., Suite 1700, Atlanta, Georgia, 30326, Tel: (404) 997-6020. To the best knowledge and belief of Metro City Bank, the Property is in the possession of Smith Auto Spa/Douglasville, LLC. METRO CITY BANK, as Attorney-in-Fact for Smith Auto Spa/Douglasville, LLC. Doroteya N. Wozniak, Esq. James-Bates-Brannan-Groover-LLP 3399 Peachtree Road N.E. Suite 1700, Buckhead Tower Atlanta, Georgia 30326 (404) 997-6020 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.