7910 Mall Ring Rd

430-188361 9/10,9/17,9/24,10/1NOTICE OF SALE UNDER POWERState of GeorgiaCounty of DekalbUnder and by virtue of the power of sale contained in that certain Deed to Secure Debt from ++K&D Management, LLC++ (the “Debtor”) to and in favor of Farmers and Merchants Bank (the “Lender”) dated May 19, 2023, filed for record May 19, 2023, and recorded in Deed Book 30916, page 233, Dekalb County, Georgia Public Deed Records, said Deed to Secure Debt having been given to secure a Note dated May 19, 2023 in the original principal sum of Three Hundred Twenty Five Thousand and 00/100 Dollars ($325,000.00) with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door in Dekalb County, Georgia, between the legal hours for sale on the first Tuesday in October, 2026, the following property, to wit:ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 170 of the 16th District of DeKalb County, Georgia, and being more particularly described as follows:TO FIND THE POINT OF BEGINNING, commence at the intersection of the westerly right of way of Mall Ring Road (private road) and the Northwesterly right of way of Stonecrest Square (having a 100 foot right of way); running thence along the Westerly right of way of Mall Ring Road along the arc of a curve to the right having a radius of 590.00 feet and an arc distance of 87.29 feet, said arc being subtended by a chord bearing North 37 degrees 48 minutes 06 seconds East and a chord distance of 87.21 feet to a point; continuing along said right of way along the arc of a curve to the right having a radius of 590.00 feet and an arc distance of 187.31 feet said arc being subtended by a chord bearing North 51 degrees 08 minutes 07 seconds East a distance of 186.53 feet to an iron pin set and the POINT OF BEGINNING; running thence leaving said right of way line North 02 degrees 21 minutes 58 seconds Easta distance of 254.57 feet to an iron pin set located on the Southerly right of way line of Interstate-20; running thence along the Southerly right of way line of Interstate-20 the following courses and distances: North 83 degrees 11 minutes 22 seconds East a distance of 9.12 feet to a point; South 82 degrees 04 minutes 02 seconds East a distance of 118.46 feet to a point; South 81 degrees 27 minutes 31 seconds East a distance of 145.83 feet to an iron pin set (1/2-inch rebar); thence leaving said right of way line and running South 12 degrees 40 minutes 36 seconds East a distance of 83.78 feet to an iron pin set (1/2 inch rebar) located on the Northerly right of way of Mall Ring Road along the arc of a curve to the left having a radius of 700.00 feet and an arc distance of 208.83 feet, said arc being subtended by a chord bearing South 68 degrees 46 minutes 36 seconds North and a chord distance of 208.06 feet to a point; thence continuing along the Northerly right of way of Mall Ring Road South 60 degrees 13 minutes 49 seconds West a distance of 121.59 feet to the POINT OF BEGINNING.Said tract of land containing 1.045 acres as shown on that certain plat of survey entitled "ALTA/ACSM Land Title Survey for K&D Management, LLC, Chicago Title Insurance Company", prepared by Development Consultants Group, bearing the seal and certification of Donald G. Holland, Georgia Registered Land Surveyor No. 2637, dated October 20, 2006, last revised ___________________ 2007.Said property being known as 7910 Mall Ring Road, according to the present system of numbering in DeKalb County, Georgia. Tax Parcel #16 170 01 051.TOGETHER WITH the Easement created in that certain Declaration of Surface and Storm Water Drainage Easements by DeKalb Center Associates, a Georgia limited partnership, dated as of May 13, 1986, filed for record May 14, 1986 at 9:33am.,recorded in Deed Book 5470, Page 390, Records of DeKalb County, Georgia; as amended by that certain First Amendment to Declaration of Surface and Storm Water Drainage Easements by and between DeKalb Center Associates, a Georgia limited partnership, and JDN Associates, Ltd., Turner Hill Road, a Georgia limited partnership, dated as of May 21, 1986, filed for record June 4, 1986 at 8:57 am., recorded in Deed Book 5486, Page 511, aforesaid Records; as further amended by that certain Second Amendment to Declaration of Surface and Storm Water Drainage Easement by DeKalb Center Associates, a Georgia limited partnership, and Atlanta East Mall Limited Partnership, a Georgia limited partnership, dated February 28, 1989, filed for record May 2, 1989 at 10:12a.m., recorded in Deed Book 6421, Page 271, aforesaid Records; as affected by Easement Agreement by and between Atlanta East Mall Limited Partnership, and DeKalb Center Associates, a Georgia limited partnership, dated September 2, 1988, filed for record May 2, 1989, recorded in Deed Book 6421, Page 276, aforesaid Records; as further amended by that certain Third Amendment to Declaration of Surface and Storm Water Drainage Easements by DeKalb Center Associates, a Georgia limited partnership, and Lewis G. Abbot, et al., dated November 13, 1989, filed for record January 31, 1990 at 8:30 a.m., recorded In Deed Book 6629, Page 189, aforesaid Records.TOGETHER WITH Declaration of Easements, Covenants, Conditions & Restrictions by Development Authority of DaKalb County, Georgia a public body corporate and politic, DeKalb Center Associates, a Georgia limited partnership, and CFN (I-20), Inc., a Delaware corporation, dated February 26, 2001, filed for record February 27, 2001 at 12:00 p.m., recorded in Deed Book 11897, Page 70, aforesaid Records; as affected by that certain Assignment of Declarant's Rights and Powers Under Declaration of Easements, Covenants, Conditions & Restrictions by and between DeKalb Center Associates, a Georgia limited Partnership, and Stonecrest Mall, LLC, a Georgia limited liability company, dated February 26, 2001, filed for record February 27, 2001 at 12:00 p.m., recorded in Deed Book 11898, Page 29, aforesaid Records; as supplemented by that certain Supplemental Declaration of covenants, Conditions and Restrictions by CFN (I-20), Inc., a Delaware corporation, dated as of February 26, 2001, filed for record March 1, 2001 at 12:03 p.m., recorded in Deed Book 11899, Page 311, aforesaid Records; As further supplemented by that certain Supplement to Declaration of Easement, Covenants, Conditions and Restrictions by Stonecrest Mall, LLC, a Georgia limited liability company, and Stonecrest Land Investment, LLC, a Georgia limited liability company, dated as of November 4, 2002, filed for record November 8, 2002 at 10:22 a.m., recorded in Deed Book 13810, Page 675, aforesaid Records; as further supplemented by that certain Supplement to Declaration of Easements, Covenants, Conditions and Restrictions by Stonecrest Mall, LLC a Georgia limited liability company, and CFN (I-20), Inc., a Delaware corporation, dated as of January 9, 2006, filed for record January 10, 2006 at 2:42 p.m., recorded in Deed Book 18307, Page 728, aforesaid Records; as further supplemented by that certain Supplement to Declaration of Easements, Covenants, Conditions and Restrictions by Stonecrest Mall, LLC, a Georgia limited liability company, and Stone crest Land Investment, LLC, a Georgia limited liability company, dated as of October 4, 2001, filed for record December 20, 2001 at 11:33 a.m., recorded in Deed Book 12759, Page 483, aforesaid Records; as further supplemented by that certain Supplement to Declaration of Easements Covenants, Conditions and Restrictions by Stonecrest Mall, LLC a Georgia limited liability company, and Stafford Stonecrest, LLC, a Georgia limited liability company, dated as of October 11, 2001, filed for record March 18, 2002 at 12:10 p.m., recorded in Deed Book 13040, Page 347, aforesaid Records; as further supplemented by that certain Supplement to Declaration of Easements, Covenants, Conditions and Restrictions by Stonecrest Mall, LLC a Georgia limited liability company, and Stonecrest Land Investment, LLC, a Georgia limited liability company, dated June 11, 2003, filed for record June 20, 2003 at 2:24 p.m., recorded in Deed Book 14654, Page 742, aforesaid Records; and as further supplemented by that certain Supplement to Declaration of Easements, Covenants, Conditions and Restrictions by Stonecrest Mall, LLC, a Georgia limited liability company, and CFN (I-20), Inc., a Delaware corporation, dated as of April 13, 2005, filed for record April 14, 2005 at 10:57 a.m., recorded in Deed Book 17318, Page 58, aforesaid Records; as further supplemented by Supplement to Declaration of Easements, Covenants, Conditions, and Restrictions by Stonecrest Mall, LLC, a Georgia limited liability company, and CFN (I-20), Inc., a Delaware corporation, dated as of October 27, 2006, filed for record November 2, 2006 at 12:41 p.m., recorded in Deed Book 19325, Page 255, aforesaid Records.TOGETHER WITH Grant of Easement by DeKalb Center Associates, a Georgia limited partnership, dated as of August 15, 1990, filed for record August 16, 1990 at 4:14 p.m., recorded in Deed Book 6772, Page 491, aforesaid Records; as amended by that certain Amended and Restated Grant of Easements by DeKalb Center Associates, a Georgia limited partnership, dated February 27, 1991, filed for record February 28, 1991 at 3:08 p.m. recorded in Deed Book 6898, Page 478, aforesaid Records.The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the installments due on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees.The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Farmers and Merchants Bank, Attn: Gid Samples, 2140 Old Covington Road, Conyers, GA 30013, (770) 761-5846. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.Said property will be sold as the property of Debtor subject to the outstanding ad valorem taxes and/or assessments, if any, any matters which might be disclosed by an accurate survey and inspection of the property, and all easements, restrictions, or other matters of record, if any, having priority over this Deed to Secure Debt. Said property will be sold on an as-is, where-is basis without recourse against Lender and without representation and warranty of any kind or nature whatsoever with respect thereto.To the best knowledge and believe of the undersigned, the party in possession of the property is Debtor of tenant or tenants of Debtor.This sale will be conducted subject (a) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, (b) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt and (c) the right of redemption of any taxing authority.THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.Farmers and Merchants Bank, Attorney in fact for K&D Management, LLCMatthew P. Smith701 North Patterson StreetValdosta, GA 31601Attorney for:Farmers and Merchants Bank2140 Old Covington RoadConyers, GA 30013September 10, 17, 24 and October 1, 2026