Details for 3-D INNOVATIVE

Updated

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GWINNETT Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from 3-D Innovative Properties, LLC (the "Grantor") to and in favor of Regions Bank (the "Holder") dated January 23, 2017, and recorded in Deed Book 54888, Page 717, Gwinnett County, Georgia records (the "Security Deed"), securing that certain U.S. SBA Promissory Note dated January 23, 2017, in the original principal amount of $3,546,000.00 executed by Aesthetic & Laser Boutique, Inc., Premiere Dermatology & Surgery, LLC and Premiere Essence MedSpa, Inc. payable to Holder (as amended and/or modified, the "Note"); there will be sold at public outcry by Holder, as attorney-in-fact for Grantor, to the highest bidder for cash between the legal hours for sale before the Courthouse door in Gwinnett County, Georgia, on Tuesday, August 6, 2019, the following described land, improvements, buildings, structures and appurtenances (hereinafter collectively, the "Property") to wit: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 63 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows (the "Land"): BEGINNING at a "Bolt" on the southerly side of U.S. Highway No. 78 a/k/a Stone Mountain Highway (apparent 200" right-of-way) located 121.43 feet South 64 degrees 49 minutes 16 seconds East from the centerline of the intersection of U.S. HWY 78 and Matterhorn Drive; THENCE running along the southerly side of the right of way of U.S. Highway No. 78 North 61 degrees 33 minutes 06 seconds East a distance of 109.97 feet to on iron pin found; THENCE continuing along the southerly side of the right of way of U.S. Highway No. 78 North 65 degrees 37 minutes 00 seconds East a distance of 150.11 feet to an iron pin found; THENCE running South 32 degrees 13 minutes55 seconds East a distance of 201.51 feet to on iron pin found: THENCE running South 65 degrees 00 minutes 34 seconds West a distance of 74.52 feet to an iron pin found; THENCE running South 62 degrees 35 minutes 01 seconds West a distance of 74.94 feet to an iron pin found; THENCE running South 63 degrees 54 minutes 43 seconds West a distance of 73.79 feet to an iron pin found; THENCE running South 64 degrees 01 minutes 29 seconds West a distance of 36.25 feet to an open top placed; THENCE running North 32 degrees 21 minutes 17 seconds West a distance of 201.73 feet to said "Bolt" AND THE TRUE POINT OF BEGINNING. Said property is further described on that certain survey prepared by Gordon Story & Associates, Gordon C. Story, Jr., Georgia Registered Land Surveyor No. 2076, dated April 5, 2005; TOGETHER WITH all of Grantor's right, title and interest in and into all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulation or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awning and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever now or hereafter owned by Grantor and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Land, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the foregoing, and all the right, title and interest of Grantor in any such furnishings, furniture, fixtures, machinery, equipment, appliances and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments now or hereafter made by Grantor or on behalf of Grantor, to the extent assignable all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the Land or any part thereof or are now or hereafter acquired by Grantor; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove. The location of the above described collateral is also the location of the Land; All of Grantor's right, title and interest in all; easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Land or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Property will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. Any and all personal property identified in the Security Deed and set forth above may be sold separately or together with the Land. The Property will be sold on an "as is, where is" basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto. The proceeds of the sale(s) are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Security Deed. The Property shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating thereto. To the best of the undersigned's knowledge and belief, the owner of the Property is the Grantor and the party or parties in possession of the Property is the Grantor or tenants of the Grantor. REGIONS BANK As Attorney-in-Fact for 3-D INNOVATIVE PROPERTIES, LLC Gwendolyn J. Godfrey, Esq. Morris, Manning & Martin, L.L.P. 1600 Atlanta Financial Center 3343 Peachtree Road, N.E. Atlanta, Georgia 30326 (404) 233-7000

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