706 S Thornton Ave

NOTICE OF SALE UNDE R POWE R GEORGI A, WHIT FIELD COUN TY Unde r and by virtue of the power of sale containe d in that Commercial Deed To Secure Debt dated December 3, 2024, from CS Properties NWGA Ltd, LLC, a Georgi a limite d liabili ty compan y, to Amin Ali filed for record on December 11, 2024 in Deed Book 7085, Page 547 of the Whit field County, Georgi a Deed Records, the undersigne d will sell at public outcry during the legal hours of sale before the door of the Cour thouse (INSIDE TH E COURTHOUSE IN LOWER ATRIUM (BASEM ENT)) in Whit field County, Georgia, on the First Tuesda y in May, 2025 , to the highes t bidder for cash , the followin g describe d real proper ty: All that tract or parcel of land lying and being in Lot 237 in the 12 th District and 3rd Sectio n of Whit field County, Georgia, and describe d as follows: BEGINNING at a point on the westerly right of way line of Thornton Avenue , 289.11 feet northwar dly along the westerly right of way of Thornton Avenue from the northwes t corner of the Intersection of Thornton Avenue and Walnut Avenue ; thence south 89 degree s 55 minu tes 31 second s west 181.28 feet to a point; thence north 00 degree s 28 minu tes 05 seconds east 91.49 feet to an iron pin; thence north 89 degree s 55 minu tes 31 second s east 177.50 feet to a point on the west right of way line of Thornton Avenue , thence 91.53 feet to the POIN T OF BEGINNING. Said proper ty being design ated as Tract 2 accordin g to plat (the “Plat”) prepared for “Towne Square ” dated November 21, 1986, prepared by Marcus E. Cook , Registered Land Surveyor NO. 1935. TOGETHER WITH easement s for ingres s and egress to the above de- scribe d proper ty and parkin g across those areas design at- ed for such purposes and along and across Tracts 1, 3 and 4 accordin g to the Plat; provided that said easement s across Tracts 3 and 4 shal l laps , ceas e and terminate upon any fore- closure of that certain Deed To Secure Debt from Kinard Developments , Inc. to W. L. Manton et. al, dated April 30, 1986 and recorded May 1, 1986 in Deed Book 921, Page 80 in the Office of the Superior Cour t of Whit field County, Georgia. SUBJECT TO the reserv ation by Kinard Developments , Inc., of ease - ment s for ingres s to Tracts 1 an d 3 throug h 8, inclusiv e, as shown on the Plat, and an easement for parkin g over and across those areas design at- ed for ingres s and egress for parkin g as shown on the Plat. Together with that Joint Driveway Easement grante d in Paragrap h 4 of that certain Agre emen t entere d into between Kinard Development, Inc., Robert W. Kinard, Mary K. Brow n and Annice H. Trevitt dated Oc- tober 23, 1987, and recorded in Deed Book 1048, Page 125, Whit field County, Georgi a Land Records, referenc e to whic h Agre emen t is hereby made and incorporated herein by refere nce. The improvements thereo n being known as 706 Sout h Thornton Ave- nue, Dalton , GA 30720. Tax Parcel No. 12-237-06- 017 The debt secure d by said Commercial Deed To Secure Debt is evidence d by that Guaran ty of December 3, 2024 of the Commercial Promisso ry Note dated December 3, 2024, in the principal amoun t of $525,000.00 executed by Charle s William Smithe r- man, II and Susa n W. Smitherman in favor of Amin Ali, and by that Amende d Commercial Prom- issory Note increasing the principal amoun t to $575.000.00 executed by Charle s W. Smitherman , II and Susa n W. Smitherman dated Januar y 22, 2025 , in favor of Amin Ali. The debt secure d by said Guaran - ty and Commercial Deed To Secure Debt and evidence d by said Commercial Promisso ry Note and Amende d Commercial Promisso - ry Note ha s been declared due and payable beca use of Guaranto r/Granto r’s failur e to comply with certain te rms and conditions in said Guaran ty and Commercial Deed To Secure Debt be- ing failur e to pay the debt upon demand as and when due. The debt remainin g in default, this sale will be made for the purpos e of paying said indebtedness includin g all accrued and unpaid inter- est thereo n and all expenses of said sale . The proper ty will be sold as the prop - erty of CS Properties NWGA Ltd, LLC, who leases suites therei n to its tenant s, to the best knowle dge and belief of undersigned, and who are the parties occu pying said proper ty. Notice has been given of intentio n to enforce provisions for collection of at- torneys’ fees and foreclosure expenses in accor- danc e with legal requirements and terms of the Guaran ty and Commercial Deed To Secure Debt , the Commercial Promisso ry Note, and Amende d Commercial Promisso ry Note. Said proper ty will be sold subjec t to any and all unpaid taxes and assess - ment s (including taxes that are a lien on the proper ty but not yet due and payable) genera l zoning, land use and subdivisio n restri ctions , if any, matters whic h migh t be disclose d by an accu- rate su rvey and inspection of the proper ty, all matters of record superior to the Commercial Deed To Secure Debt and other restri ctions and easement s of record , if any. The sale will be conduc ted subjec t to confirmation that the sale is not pro- hibite d unde r the U. S. Bankruptc y Code . s/Amin Ali, as attorney in fact for CS Properties NWGA Ltd, LLC Mitchell & Mitchell , P. C. By: s/Terry L. Miller State Bar No. 508450 108 S. Thornton Ave. P. O. Box 668 Dalton , GA 30722-0668 (706) 278-2040 phon e (706) 278-30 40 facsimile 04/11 04 /18 04 /25 05 /02