Details for 40270048 Watkins Mortuary 6/7, 14, 21, 28; 2017 NOTICE OF

Updated

40270048 Watkins Mortuary 6/7, 14, 21, 28; 2017

NOTICE OF SALE UNDER POWER GEORGIA, DOUGLAS COUNTY: By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from Watkins Mortuary, Inc. ("Grantor") to Douglas County Bank ("Lender"), dated February 14, 2013 [subsequently corrected to February 13, 2013 by (Scrivener's) Affidavit recorded November 24, 2014 in Deed Book 3258, Page 400, records of Douglas County, Georgia] and recorded February 15, 2013 in Deed Book 3100, Page 282 of the Office of the Clerk of the Superior Court of Douglas County, Georgia (the "Security Deed"), as assigned to LPP Mortgage Ltd. ("Holder") by Federal Deposit Insurance Corporation, as Receiver for Douglas County Bank by Assignment of Deed to Secure Debt and Security Agreement executed as of September 16, 2014 and recorded September 24, 2014 in Deed Book 3245, Page 416, aforesaid records, the Security Deed having been given to secure the debt evidenced by a Promissory Note from Grantor to Lender, dated February 13, 2013, in the original principal amount of $143,100.00, with interest from the date thereof at the rate specified therein (together with any and all renewals, replacements, modifications, and extensions thereof, the "Note"), the Holder will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Douglas County, Georgia, on the first Wednesday in July, 2017 (July 5, 2017), between the legal hours of sale, all of part of the property commonly referred to as 6661 and 6645 Ridge Avenue, Douglasville, Georgia 30134, more particularly described as follows (collectively, the "Property"): TRACT I (commonly referred to as 6661 Ridge Avenue): ALL THAT TRACT or parcel of land lying and being in Land Lot 17 of the 1st District, 5th Section, Douglas County, Georgia, being designated as 0.6341 acres of land per survey dated March 24, 2006 prepared for Crest Homes, Inc. by Burton Enterprises, Inc., G.R.L.S. No. 2485, and recorded in Plat Book 32, Page 256, Douglas County, Georgia records, which plat is incorporated herein by this reference and made a part hereof. TRACT II (commonly referred to as 6645 Ridge Avenue): ALL THAT TRACT or parcel of land lying and being Block No. 40, and being in Land Lot 17 of the 1st District, 5th Section, Douglas County, Georgia, and being more particularly described as follows:   BEGINNING at the southwest corner of land of James G. Smith, run thence north 205 feet to established corner; thence running westerly 145 feet to established corner at intersection of cemetery property; thence running south to established corner marking the northwest corner of lot of Jule Vance; running thence east 12 feet more or less to established corner; thence running south 15 feet more or less to established corner; thence west 12 feet more or less to intersection with the east line of cemetery property; thence south along east line of cemetery property to an established corner; thence east 95 feet to the point of BEGINNING. TOGETHER with all buildings, structures and other improvements now or hereafter located on the Property hereinbefore described, or any part and parcel thereof; and TOGETHER with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on said Property or above the same or any part or parcel thereof; and TOGETHER with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and TOGETHER with all machinery, apparatus, equipment, fittings and fixtures, whether actually or constructively attached to said Property and including all trade, domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called "Equipment"), now or hereafter located in, upon or under said Property or any part thereof and used or usable in connection with any present or future operation of said Property and now owned or hereafter acquired by Grantor, including, but without limiting the generality of the foregoing, all heating, air- conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air- conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings in commercial, institutional and industrial buildings; together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; together with all additions thereto and replacements thereof (Grantor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Grantee to confirm the conveyance, transfer and assignment of any of the foregoing); and TOGETHER with any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of Property improvements thereon and Equipment; and TOGETHER with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises, to the extent of all amounts which may be secured by this deed at the date of receipt of any such award or payment by Grantee and of the reasonable attorney's fees, costs and disbursements incurred by Grantee in connection with the collection of such award or payment. The debt secured by the Security Deed has been and is hereby declared due and payable because of, among other possible events of default, the failure to make required payments under the Note when and as the same became due and payable. The debt remaining in default, Holder reduced the indebtedness to a money judgment in the civil action styled LPP Mortgage Ltd. v. Watkins Mortuary, Inc., Willie A. Watkins, Gregory W. Ussery, Superior Court of Fulton County, Civil Action File No. 16EV002724 entered January 30, 2017, as amended on April 28, 2017 (the "Judgment"). This sale will be made for the purpose of paying the debt, including accrued interest, expenses of the sale, and attorney's fees, notice of intention to collect attorney's fees having been given in accordance with applicable law, as well as all other sums provided for under the Note and the Security Deed. The remaining proceeds, if any, shall be applied as provided by law. The Property will be sold, in whole or in part, as the property of Grantor. To the Holder’s best knowledge and information, Gregory Wayne Ussery is the party in possession of the Property. The Property will be sold, in whole or in part, "as is", without express or implied warranties of any kind, subject to: all zoning ordinances; matters that would be disclosed by an accurate survey or an inspection of the Property; any outstanding taxes and governmental assessments, including unpaid real and personal property ad valorem taxes; all outstanding bills for public utilities that constitute liens upon the Property; all restrictive covenants, easements, rights-of-way, assessments of record, and matters of record superior to the Security Deed. This sale will be conducted subject to (i) confirmation that it is not prohibited by the United States Bankruptcy Code, and (ii) the provisions of O.C.G.A. § 9-13-172.1 that permit the rescission of judicial and non-judicial foreclosure sales in Georgia in certain circumstances. The Holder will execute a deed to the purchaser as provided in the Security Deed. The individual or entity with full authority to negotiate, amend, and modify the terms of the Note, the Security Deed, and the Judgment is: LPP Mortgage Ltd. c/o CLMG Corp., 7195 Dallas Parkway, Plano, TX 75024 (Attn: Tom Martin); (469) 467-5704. However, such individual or entity is not required by law to negotiate, amend, or modify the terms of the Note, the Security Deed, or the Judgment. By: LPP Mortgage Ltd., holder of the Note, the Security Deed, and the Judgment and Attorney-in-Fact for Grantor: c/o Brett A. Switzer (GA Bar No. 554141), Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Suite 1600, Monarch Plaza, 3414 Peachtree Road, N.E., Atlanta, GA 30326; (404/577-6000).

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