Details for 40262410 Mistry 3/8, 15, 22, 29; 2017 STATE OF GEORGIA
40262410 Mistry 3/8, 15, 22, 29; 2017 STATE OF GEORGIA COUNTY OF DOUGLAS NOTICE OF SALE UNDER POWER IN SECURITY DEED UNDER AND BY VIRTUE of the power of sale contained in that certain Security Deed dated October 1, 2012 from SHANTILAL N. MISTRY AND NIRANAJANABEN S. MISTRY to Hanmi Bank (“Original Lender”), and recorded in Deed Book 3080, page 694, et seq., Douglas County, Georgia Records (the “Security Deed”), as assigned by Original Lender to Salem Road Development, LLC, a Georgia limited liability company (“Lender”), pursuant to that certain Assignment of Note, Security Deeds, and other Loan Documents and Rights Related Thereto effective December 15, 2016 and recorded in Deed Book 3449, pages 174-180 of Douglas County, Georgia records, the undersigned will sell 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 April, 2017 the following described property being located in Douglas County, Georgia (the “Secured Property”): All that tract or parcel of land lying and being in Land Lot 23 of the 1st District and 5th Section of Douglas County, Georgia and being Lot No. 11 of Country Club Estates Subdivision, Unit Two, as shown by plat of said subdivision recorded in the real property records of Douglas County, Georgia, in Plat Book 13, page 277; said plat being made a part hereof by this reference thereto for a more complete description of the metes and bounds, courses and distances of said property. The Property is commonly known as 9130 Par Drive, Douglasville, GA 30134. The real property tax identification number is 00230150087. The above referenced property will be sold in an “as-is” “where-is” basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto. The Security Deed was originally given to secure (1) the payment of the indebtedness evidenced by that certain Promissory Note dated October 1, 2012 made by Esquire Inn, LTD (‘Borrower”) to the order of Original Lender (the “Note”) in the original principal amount of $2,262,000.00 (the “Indebtedness”) and (2) the performance of all of Borrower’s covenants and obligations under any and all other documents evidencing or securing the Indebtedness (said documents, together with the Note and the Security Deed, are herein collectively referred to as the “Loan Documents”). 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 Loan Documents and the failure of Borrower to perform its obligations under the Loan Documents. Said property will be sold as the property of Shantilal N. Mistry and Niranajanaben S. Mistry and subject to the outstanding ad valorem taxes and/or assessments, which constitute liens upon said property, easements, restrictive covenants appearing of record, if any, and to the best knowledge and belief of the undersigned, Shantilal N. Mistry and Niranajanaben S. Mistry or tenants holding under Shantilal N. Mistry and Niranajanaben S. Mistry are in possession of said property. Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above-described Security Deed is as follows: Urvish Patel Salem Road Development, LLC 2183 Salem Road Conyers, GA 30094 770-883-5840 The foregoing notwithstanding, Salem Road Development, LLC is not required to negotiate, amend or modify the terms of the Security Deed described herein. The proceeds of the sale of the Secured Property shall be applied in accordance with the Security Deed to (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 and any other amounts secured by the Security Deed, and (iii) the surplus, if any, to the person or persons legally entitled thereto. The sale will be conducted (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. SALEM ROAD DEVELOPMENT, LLC, a Georgia limited liability company As Attorney-in-Fact for Shantilal N. Mistry and Niranajanaben S. Mistry. JOEL M. HABER 2365 Wall Street, Suite 120 Conyers, GA 30013 firstname.lastname@example.org (770) 922-9080 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.