Details for 40279129 Nabulsi & Assoc NOTICE OF SALE UNDER POWER STATE

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40279129 Nabulsi & Assoc NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF DOUGLAS PURSUANT TO THE POWER OF SALE CONTAINED IN THAT CERTAIN SECURITY DEED (AS DEFINED BELOW), AND DUE TO A DEFAULT HAVING BEEN MADE IN PAYMENT OF THE INDEBTEDNESS IN THE ORIGINAL PRINCIPAL AMOUNT OF ONE MILLION SEVEN HUNDRED FIFTY TWO THOUSAND AND NO/100 DOLLARS ($1,752,000.00) (THE “LOAN”), SECURED BY THAT CERTAIN DEED TO SECURE DEBT, DATED AS OF FEBRUARY 27, 2006, EXECUTED BY NABULSI & ASSOCIATES, LLC D/B/A YOUR BOWLING CENTER, A GEORGIA LIMITED LIABILITY COMPANY (THE “BORROWER”), IN FAVOR OF CITIZENS BANK AND TRUST OF WEST GEORGIA, RECORDED IN BOOK 2323, PAGE 391, RE-RECORDED IN BOOK 2393, PAGE 524, IN THE SUPERIOR COURT FOR DOUGLAS COUNTY, GEORGIA RECORDS (THE “ORIGINAL SECURITY DEED”); AS AMENDED AND MODIFIED BY THAT CERTAIN MODIFICATION AGREEMENT, DATED AS OF JANUARY 27, 2016, EXECUTED BY AND AMONG BORROWER, SUSAN E. NABULSI, AN INDIVIDUAL (“S. NABULSI”) AND MAHMOUD S. NABULSI, AN INDIVIDUAL (“M. NABULSI”) (S. NABULSI AND M. NABULSI ARE COLLECTIVELY REFERRED TO HEREIN AS THE “GRANTOR”) AND BANK OF NORTH GEORGIA, A DIVISION OF SYNOVUS BANK, A GEORGIA BANKING CORPORATION, SUCCESSOR BY MERGER WITH CITIZENS BANK AND TRUST OF WEST GEORGIA (THE “BANK”), RECORDED IN BOOK 3388, PAGE 370, IN THE SUPERIOR COURT OF DOUGLAS COUNTY, GEORGIA RECORDS (THE “MODIFICATION AGREEMENT”) (THE ORIGINAL SECURITY DEED AS AMENDED AND MODIFIED BY THAT CERTAIN MODIFICATION AGREEMENT IS REFERRED TO AS THE “SECURITY DEED”) WHICH CONVEYED THE AFTER DESCRIBED PROPERTY TO SECURE THE LOAN EVIDENCED BY THAT CERTAIN US SMALL BUSINESS ADMINISTRATION NOTE, DATED AS OF FEBRUARY 27, 2006, EXECUTED BY BORROWER, IN FAVOR OF CITIZENS BANK AND TRUST OF WEST GEORGIA C/O SYNOVUS SBA LENDING (“CITIZENS BANK”), IN THE ORIGINAL PRINCIPAL AMOUNT OF $1,752,000.00, WITH INTEREST AT THE RATE SPECIFIED THEREIN (THE “NOTE”), THERE WILL BE SOLD BY THE UNDERSIGNED, BANK OF NORTH GEORGIA, A DIVISION OF SYNOVUS BANK, A GEORGIA BANKING CORPORATION, SUCCESSOR BY MERGER WITH CITIZENS BANK AND TRUST OF WEST GEORGIA, AT PUBLIC OUTCRY TO THE HIGHEST BIDDER FOR CASH BEFORE THE COURTHOUSE DOOR OF DOUGLAS COUNTY, GEORGIA (OR SUCH OTHER AREA AS DESIGNATED BY ORDER OF THE SUPERIOR COURT OF SAID COUNTY), DURING THE LEGAL HOURS OF SALE ON NOVEMBER 07, 2017 (BEING THE FIRST TUESDAY OF SAID MONTH, UNLESS SAID DATE FALLS ON A FEDERAL HOLIDAY, IN WHICH CASE BEING THE FIRST WEDNESDAY OF SAID MONTH), THE FOLLOWING DESCRIBED REAL PROPERTY AND INTERESTS AND ESTATES IN SAID PROPERTY, LAND, PERMITS, EASEMENTS, LICENSES, RIGHTS, IMPROVEMENTS, PERSONAL PROPERTY, FIXTURES, EQUIPMENT (TOGETHER WITH HEATING, PLUMBING, LIGHTING, WATER-HEATING, REFRIGERATING AND AIR-CONDITIONING FIXTURES, SCREENS, AWNINGS, FLOWERS, AND SHRUBS NOW OR HEREAFTER PLACED IN SAID PREMISES) AND APPURTENANCES (HEREINAFTER COLLECTIVELY CALLED THE “PROPERTY” OR THE “PREMISES”), SITUATED IN DOUGLAS COUNTY, GEORGIA, TO-WIT: LAND LOT 82, 1ST DISTRICT, 5TH SECTION, DOUGLAS COUNTY, GEORGIA BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: TO LOCATE THE POINT OF BEGINNING, BEGIN AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF FAIRBURN ROAD (100 FOOT RIGHT OF WAY) WITH THE WESTERLY RIGHT OF WAY LINE OF MIDWAY ROAD EXTENSION (80 FOOT RIGHT OF WAY); THENCE RUNNING ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: SOUTH 15 DEGREES 09 MINUTES 38 SECONDS WEST 357.98 FEET TO A POINT; SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF 940.01 FOOT RADIUS CURVE AN ARC DISTANCE OF 382.43 FEET TO A POINT (SAID ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 03 DEGREES 31 MINUTES 57 SECONDS WEST A CHORD DISTANCE OF 379.81 FEET) ALONG THE ARC OF A 940.01 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 300.00 FEET TO A POINT (SAID ARC BEING SUBTENDED BY A CHORD BEARING 17 DEGREES 13 MINUTES 03 SECONDS EAST A CHORD DISTANCE OF 298.73 FEET); THENCE SOUTH 76 DEGREES 37 MINUTES 03 SECONDS WET 1,378.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 76 DEGREES 37 MINUTES 03 SECONDS WEST 482.94 FEET TO A POINT; THENCE NORTH 04 DEGREES 08 MINUTES 10 SECONDS EAST 608.40 FEET TO A POINT; THENCE SOUTH 69 DEGREES 42 MINUTES 10 SECONDS EAST 356.25 TO A POINT; THENCE ALONG THE ARC OF A 485.25 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 127.12 FEET TO A POINT (SAID ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 77 DEGREES 12 MINUTES 26 SECONDS A CHORD DISTANCE OF 126. 75 FEET); THENCE SOUTH 05 DEGREES 17 MINUTES 17 SECONDS WEST 344.86 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 5.00 ACRES AND BING DESIGNATED AS TRACT 4-A FOR HABADA CORP., DATED MAY 26, 1988, LAST REVISED JUNE 1988, PREPARED BY P.T.&B ENGINEERING, BEARING THE SEAL AND CERTIFICATE OF PAUL W. MCINNISH, GEORGIA REGISTERED LAND SURVEYOR NUMBER 2356. THE FULL INDEBTEDNESS SECURED BY SAID SECURITY DEED HAS BEEN AND IS HEREBY DECLARED DUE BECAUSE OF, AMONG OTHER POSSIBLE EVENTS OF DEFAULT, FAILURE TO PAY THE INDEBTEDNESS AS AND WHEN DUE AND IN THE MANNER PROVIDED IN THE NOTE AND SECURITY DEED. THE INDEBTEDNESS REMAINS IN DEFAULT, AND THIS SALE WILL BE MADE FOR THE SOLE PURPOSE OF PAYING THE SAME, INCLUDING ALL EXPENSES OF THIS SALE, AS PROVIDED IN THE SECURITY DEED AND BY LAW, PLUS ALL ATTORNEY’S FEES (NOTICE OF INTENT TO COLLECT STATUTORY ATTORNEY’S FEES HAVING BEEN GIVEN), AND ALL OTHER PAYMENTS PROVIDED FOR UNDER AND PURSUANT TO THE TERMS OF THE SECURITY DEED. SAID PROPERTY IS KNOWN PURSUANT TO THE LEGAL DESCRIPTION PROVIDED ABOVE AND IS ALSO COMMONLY KNOWN AS 3931 LONGVIEW DRIVE, DOUGLASVILLE, GEORGIA 30135. TO THE BEST KNOWLEDGE AND BELIEF OF THE UNDERSIGNED, THE PARTY (OR PARTIES) IN POSSESSION OF THE PROPERTY IS NABULSI & ASSOCIATES, LLC, D/B/A YOUR BOWLING CENTER AND/OR ITS TENANTS. BANK OF NORTH GEORGIA, A DIVISION OF SYNOVUS BANK, A GEORGIA BANKING CORPORATION, SUCCESSOR BY MERGER WITH CITIZENS BANK AND TRUST OF WEST GEORGIA, 960 BUFORD ROAD, CUMMING, GEORGIA 30041, IS THE ENTITY WITH FULL AUTHORITY TO NEGOTIATE, AMEND AND MODIFY ALL TERMS OF THE SECURITY DEED; HOWEVER, THAT SUCH ENTITY IS NOT REQUIRED BY LAW TO NEGOTIATE, AMEND OR MODIFY THE TERMS OF THE LOAN. SAID PROPERTY WILL BE SOLD SUBJECT TO: (I) ANY OUTSTANDING TAXES, ASSESSMENTS, AND OUTSTANDING BILLS FOR PUBLIC UTILITIES, INCLUDING THOSE WHICH ARE A LIEN NOT YET DUE AND PAYABLE AND WHICH MAY NOT BE OF RECORD, INCLUDING WITHOUT LIMITATION ANY OUTSTANDING AD VALOREM TAXES, UNPAID WATER OR SEWAGE BILLS, (II) THE RIGHT OF REDEMPTION OF ANY TAXING AUTHORITY, (III) ANY MATTERS WHICH MIGHT BE DISCLOSED BY AN ACCURATE SURVEY AND INSPECTION OF THE PROPERTY, (IV) RIGHTS OF CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORDS, AND (V) ANY LIENS, ENCROACHMENTS, ENCUMBRANCES, ZONING ORDINANCES OR OTHER LAWS AND REGULATION OF GOVERNMENTAL AUTHORITIES APPLICABLE TO THE PROPERTY, RIGHTS OF TENANTS IN POSSESSION, RESTRICTIONS, COVENANTS, RIGHTS-OF-WAY AND MATTERS OF RECORD SUPERIOR TO THE SECURITY DEED FIRST SET OUT ABOVE. THE SALE WILL BE CONDUCTED SUBJECT TO (1) CONFIRMATION THAT THE SALE IS NOT PROHIBITED UNDER THE U.S. BANKRUPTCY CODE; AND (2) FINAL CONFIRMATION AND AUDIT OF THE STATUS OF THE LOAN WITH THE HOLDER OF THE SECURITY DEED. PURSUANT TO O.C.G.A. SECTION 9-13-172.1, WHICH ALLOWS FOR CERTAIN PROCEDURES REGARDING THE RESCISSION OF JUDICIAL AND NON-JUDICIAL SALES IN THE STATE OF GEORGIA, THE SECURITY DEED AND OTHER FORECLOSURE DOCUMENTS MAY NOT BE PROVIDED UNTIL FINAL CONFIRMATION AND AUDIT OF THE STATUS OF THE LOAN AS PROVIDED IMMEDIATELY ABOVE. BANK OF NORTH GEORGIA, A DIVISION OF SYNOVUS BANK, A GEORGIA BANKING CORPORATION, SUCCESSOR BY MERGER WITH CITIZENS BANK AND TRUST OF WEST GEORGIA, AS CURRENT HOLDER OF SAID SECURITY DEED, AS AGENT AND ATTORNEY IN FACT FOR NABULSI & ASSOCIATES, LLC D/B/A YOUR BOWLING CENTER, A GEORGIA LIMITED LIABILITY COMPANY BROWN & ASSOCIATES, PLLC, 232 19TH STREET NW, SUITE 7210 ATLANTA, GEORGIA 30363 PHONE: (404) 835-2729 FAX: (678) 894-8496 EMAIL: ESB@BROWNPLLC.COM PUBLICATION DATES: OCTOBER 11, 2017; OCTOBER 18, 2017; OCTOBER 25, 2017; NOVEMBER 1, 2017 THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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