2645 N Berkeley Lake Rd Nw, Units 245, 246, 247 And 248, Building F

NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF GWINNETT Under and by virtue of the Power of Sale contained in the Deed to Secure Debt from KSB Property Investments, Inc. to Equity Trust Company, Custodian FBO A/C No. 200430820 IRA, dated May 6, 2022 and recorded in Deed Book 59928, Page 894, in the offices of the Clerk of the Superior Court of Gwinnett County, Georgia, as last modified by Modification of Security Deed dated September 22, 2023 and recorded in Deed Book 60868, Page 627, and re-recorded in Deed Book 60871, Page 347, aforesaid records, as assigned to Equity Trust Company, Custodian FBO A/C No. 200430829 IRA via Transfer and Assignment of Security Deed and Assignment of Rents dated June 25, 2025 and recorded in Deed Book 61922, Page 12, aforesaid records (as same may have been modified from time to time, collectively the Security Deed); the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Gwinnett County, Georgia, during the legal hours of sale, on the first Tuesday in August, 2025, the following described real property, to wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 260 AND 261 OF THE 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, AND BEING CONDOMINIUM UNITS 245, 246, 247 AND 248, BUILDING F, AS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DECLARATION OF CONDOMINIUM FOR POINT BERKELEY II RETAIL CONDOMINIUM, A CONDOMINIUM BY POINT BERKELEY II, LLC, DATED MAY 24, 2007, FILED FOR RECORD JUNE 19, 2007, IN DEED BOOK 48001, PAGE 218, ET SEQ., GWINNETT COUNTY, GEORGIA RECORDS, AS THE SAME HAS BEEN AMENDED AND/OR SUPPLEMENTED TO DATE, AND DECLARATION OF CONDOMINIUM FOR POINT BERKELEY II MASTER CONDOMINIUM, RECORDED JUNE 19, 2007, IN DEED BOOK 48001, PAGE 152, ET SEQ., AFORESAID RECORDS, AS THE SAME HAS BEEN AMENDED AND/OR SUPPLEMENTED TO DATE (AS SO AMENDED AND/OR SUPPLEMENTED TO DATE, COLLECTIVELY THE DECLARATION); AND AS DEPICTED BY THAT CERTAIN PLAT RECORDED IN CONDOMINIUM (CD) PLAT BOOK 4, PAGES 298 AND 299, ET SEQ., AFORESAID RECORDS (THE CONDOMINIUM PLAT); AND AS SHOWN ON THOSE CONDOMINIUM FLOOR PLANS RECORDED IN CONDOMINIUM FLOOR PLAN NUMBERS 4862-4874 AND 4875-4899, ET SEQ., AFORESAID RECORDS (THE CONDOMINIUM FLOOR PLANS); AND TOGETHER WITH THE APPURTENANT PERCENTAGE OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS ALLOCATED TO CONDOMINIUM UNITS 245, 246, 247,AND 248, BUILDING F, AS PROVIDED BY SAID DECLARATION, WHICH DECLARATION, CONDOMINIUM PLAT, CONDOMINIUM FLOOR PLANS, AND ALLIED INSTRUMENT AND AMENDMENTS EXECUTED THERETO ARE INCORPORATED HEREIN BY REFERENCE AS A PART OF THE DESCRIPTION OF THE PROPERTY DESCRIBED HEREBY. PROPERTY BEING MORE COMMONLY KNOWN AS: 2645 NORTH BERKELEY LAKE ROAD, UNITS 245, 246, 247 AND 248, BUILDING F, DULUTH, GWINNETT COUNTY, GEORGIA 30096. [TAX ID PARCEL NUMBERS R6261 125, R6261 126, R6261 127 AND R6261 128] In addition, under and by virtue of the power of sale contained in the Security Deed, the undersigned will also sell at public outcry to the highest bidder for cash before the door of the Courthouse of Gwinnett County, Georgia, immediately following the sale of the above-described real property, the following described personal property owned by KSB Property Investments, Inc., or its successors-in-title and secured by the Security Deed, to wit: All personal property described in and subject to the Security Deed, which is hereby incorporated by this reference. Less and except any fixtures subject to the security interest on the above-described real property. The debt secured by the Security Deed is evidenced by a Promissory Note, dated May 6, 2022, executed by KSB Property Investments, Inc. to Equity Trust Company, Custodian FBO A/C No. 200430820 IRA, in the original principal amount of $330,000.00 as the same has been assigned to Equity Trust Company, Custodian FBO A/C No. 200430829 IRA (as same may have been further modified, renewed or amended, the "Note"), plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of KSB Property Investments, Inc., the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all other prior assessments, easements, restrictions or matters of record. To the best of the undersigned's knowledge and belief, the real property is may be owned by Aeran Lee Delacerna, by virtue of the certain Deed Under Power recorded at Deed Book 61413, Page 340, Gwinnett County, Georgia records. To the best of the undersigned's knowledge and belief, the party in possession of the real property is KSB Property Investments, Inc. and/or Aeran Lee Delacerna, and tenants holding under it/her. All personal property will be sold in one lot to the highest and best bidder for cash as the property of KSB Property Investments, Inc., or its successors-in-title, on an "as is, where is" basis and without representation, warranty or recourse, express or implied, of the undersigned, and subject to all matters of record affecting said personal property, the proceeds to be applied to the payment of said indebtedness, attorneys' fees and the lawful expenses of said sale, all as provided in the Security Deed. Equity Trust Company, Custodian FBO A/C No. 200430829 IRA, as successor in interest to, Equity Trust Company, Custodian FBO A/C No. 200430820 IRA, as Attorney-in-Fact for KSB Property Investments, Inc. M. Todd Westfall, Esquire WESTFALL, LLC 4994 Lower Roswell Rd, Ste 6, Marietta, Georgia 30068 (678) 384-7005 7/9,16,23,30,2025