December 1, 2023

Furniture Bank

Swing Your Furniture Bank


NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF DOUGHERTY UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the Security Deed) dated July 30, 2020, executed and delivered by FCTG INVESTMENTS LLC to METRO CITY BANK, and recorded on August 3, 2020 in Deed Book 4730, Page 5379, Dougherty County, Georgia records, and the terms of that certain Security Agreement dated July 30, 2020 executed and delivered by FCTG INVESTMENTS LLC to METRO CITY BANK (the Security Agreement), and those certain UCC Financing Statement recorded at Deed Book 4730, Pages 93101, Dougherty County, Georgia records and as Filing Number 047-2020-000435 (the UCC Financing Statements), conveying the after-described property to secure that certain note from FCTG INVESTMENTS LLC to METRO CITY BANK, dated July 30, 2020 (the Note) in the original principal amount of Three Million Nine Hundred Ninety Five Thousand and no/100ths Dollars ($3,995,000.00), METRO CITY BANK being the current owner and holder of the Note, 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 Dougherty County, Georgia, within the legal hours of sale on the first Tuesday of December, 2022, the following described property (the Property): LEGAL DESCRIPTION 2810 Old Dawson Road, Albany, Georgia 31707 All that tract or parcel of land lying and being in Land Lot 39, of the 2nd District, Dougherty County, Georgia, and being more particularly described as follows: Beginning at ½ inch rebar found at the intersection of the East line of Land Lot 39 and the South right-of-way of Old Dawson Road; thence along said land lot line and leaving said right-of-way South 01°44’00” East a distance of 300.00 feet to a ½ inch rebar found; thence South 87°38’17” West a distance of 200.00 feet to a “punch hole” scribed in the concrete of a junction box; thence North 01°44’00 West a distance of 300.00 feet to a ½ inch rebar found on the South right-of-way of Old Dawson Road; thence along said right-of-way North 87°38’17” East a distance of 200.00 feet to THE TRUE POINT OR PLACE OF BEGINNING. Said tract or parcel of land containing 1.377 acres. The property being the same property conveyed to BCM, Inc., by Warranty Deed from Clark-Dodge Enterprises, Inc., dated May 9, 2008, and recorded May 9, 2008 in Deed Book 3485, page 253, Records of Dougherty County, Georgia. TOGETHER WITH the rights, easements, privileges and obligations appurtenant to the above-described land created and established under that certain Non-Exclusive Easement for drainage purposes contained in that certain Warranty Deed from Winn-Finn-Day, Ltd. to Wiley E. Douglas, dated July 8, 1985, filed July 11, 1985, and recorded in Deed Book 763, page 91, aforesaid records. AND, all personal and fixture property of every kind and nature including without limitation all goods (including inventory, equipment, furniture, furnishings, computer systems, point of service systems, and any accessions thereto), instruments, documents, accounts, chattel paper, deposit accounts, letter of credit rights, and general intangibles together with all replacements thereof and all accessories and parts affixed thereto or used in connection therewith and all products, proceeds thereof. The debt secured by said Security Deed, Security Agreement, and UCC Financing Statements 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, Security Deed, and related loan documents. The debt remaining in default, this sale will be made for the purpose of paying same and, additionally, all expenses of this sale, as provided in the Security Deed and by law, including without limitation attorney fees (the statutory notice of intent to collect attorney 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 (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. Notice to the debtor as required by O.C.G.A. § 44-14-162.2 has been given. METRO CITY BANK, located at the business address of 5114 Buford Highway NE, Atlanta, Georgia 30340, is the entity that has the full authority to negotiate, amend or modify the terms of the Security Deed and related loan documents and may be contacted through the following representative: Sue K. Eem Metro City Bank 5114 Buford Highway Doraville, Georgia 30340 Tel: (770) 455-4979 METRO CITY BANK, as Attorney-in-Fact for FCTG INVESTMENTS LLC. Doroteya N. Wozniak, Esq. James-Bates-Brannan-Groover-LLP 3399 Peachtree Road NE Suite 1700 Atlanta, Georgia 30326 (404) 997-6031