www.thechampionnewspaper.com
The Champion Legal Section, Thursday, July 28, 2016
Page 49C
degrees 01 minutes 05 seconds east
a distance of 321.25 feet to an iron
pin; running thence south 85 de
grees 41 minutes 39 seconds east, a
distance of 406.52 feet to an iron pin
located on the northwestern right-of-
way line of Scott Boulevard and the
point of beginning; said tract contain
ing 1.496 acres, according to a Sur
vey for Sondial Properties, LLC et. al,
prepared by Adam & Lee Land Sur
veying, Gary L. Cooper, GRLS
#2606, dated May 9, 2011, last re
vised September 13, 2011.
Together with rights under that Park
ing Lease by and between Luther
David Manning and Sondial Proper
ties, LLC, dated August 1, 2011, filed
August 25, 2011, and recorded at
Deed Book 22600, Page 675, DeKalb
County, Georgia real property re
cords (the “Ground Lease”).
The Secured Property includes any
reversion or remainder interest in the
above-described real property and all
heretofore or hereafter vacated al
leys and streets abutting the real
property, and all easements, rights,
appurtenances, tenements, heredita
ments, rents, royalties, mineral, oil
and gas rights and profits, water, wa
ter rights, and water stock appurten
ant to the real property.
The Secured Property also includes
all of Borrower's estate, right, title and
interest, now owned or hereafter ac
quired, in:
(a) The Ground Lease;
(b) The leasehold estate created by,
and all right, title and interest of the
Borrower in, to and under the Ground
Lease, with all rights of use, occu
pancy and enjoyment, and in and to
all rents, income and profits arising
from or pursuant to the Ground
Lease, together with all amendments,
extensions, renewals and modifica
tions of the Ground Lease and all
credits, deposits, options and priv
ileges of the Borrower as lessee un
der the Ground Lease;
(c) All buildings, structures, improve
ments, fixtures and appurtenances
now or hereafter placed on the Se
cured Property, and all apparatus
and equipment now or hereafter at
tached in any manner to the Secured
Property or any building on the Se
cured Property, including all pump
ing plants, engines, pipes, ditches
and flumes, and also all gas, electric,
cooking, heating, cooling, air condi
tioning, lighting, refrigeration and
plumbing fixtures and equipment (col
lectively, the “Improvements”);
(d) All easements and rights of way
appurtenant to the Secured Property;
all crops growing or to be grown on
the Secured Property (including all
such crops following severance from
the Secured Property); all standing
timber upon the Secured Property (in
cluding all such timber following sev
erance from the Secured Property);
all development rights or credits and
air rights; all water and water rights
(whether riparian, appropriative, or
otherwise, and whether or not appur
tenant to the Secured Property) and
shares of stock pertaining to such
water or water rights, ownership of
which affect the Secured Property; all
minerals, oil, gas, and other hydro
carbon substances and rights thereto
in, on, under, or upon the Secured
Property;
(e) All existing and future leases, sub
leases, subtenancies, licenses, usu
fructs, occupancy agreements and
concessions relating to the use and
enjoyment of all or any part of the Se
cured Property or the Improvements,
and any and all guaranties and other
agreements relating to or made in
connection with any of the foregoing
(collectively, the “Leases”);
(f) All proceeds, including all claims to
and demands for them, of the volun
tary or involuntary conversion of any
of the Secured Property, Improve
ments, or the other property de
scribed above into cash or liquidated
claims, including proceeds of all
present and future fire, hazard or cas
ualty insurance policies, and all con
demnation awards or payments now
or later to be made by any public
body or decree by any court of com
petent jurisdiction for any taking or in
connection with any condemnation or
eminent domain proceeding, and all
causes of action and their proceeds
for any breach of warranty, misrep
resentation, damage or injury to, or
defect in, the Secured Property, Im
provements, or the other property de
scribed above or any part of them;
and
(g) All proceeds of, additions and ac
cretions to, substitutions and replace
ments for, and changes in any of the
property described above.
The Secured Property does not in
clude any furniture, furnishings or
trade fixtures owned and supplied by
tenants of the above-described real
property and any inventory of any
tenant held for resale on the Se
cured Property and not used in the
operations of the Secured Property.
To the best of the knowledge of
Lender, the Secured Property is in
the possession of the Borrower or
other persons in possession by,
through, or under, Borrower.
The undersigned may sell that por
tion of the Secured Property as may,
under the laws of the State of Geor
gia, constitute an estate or interest in
real estate (the “Real Property”) sep
arately from that portion of the Se
cured Property as constitutes under
the laws of the State of Georgia per
sonalty and not an interest in real es
tate (the "Personal Property”), in
which case separate bids will be
taken therefor, or collectively in a
single sale and lot, in which case a
single bid will be taken therefor. Un
less otherwise set forth in an an
nouncement by the undersigned
made at the commencement of the
public sale, the Real Property and
Personal Property shall be sold col
lectively in a single sale and lot, in
which case a single bid will be taken
therefor.
The Real Property will be sold on an
“AS IS, WHERE IS” basis without re
course against Lender and without
representation or warranty of any
kind or nature whatsoever with re
spect thereto. The Real Property will
be sold subject to (1) all unpaid taxes
and assessments and sanitary
charges which are liens against the
Real Property and which are prior in
right to the Security Deed, including
taxes that are liens, but not yet due
or payable, any additional taxes, in
terest and/or penalties which may be
assessed for prior tax years by virtue
of adjustment, re-appraisal, re-as-
sessment, appeal or other amend
ment to the tax records of the city or
county of the Real Property; (2) all
matters affecting the Real Property
which would be shown on a current
survey of the Secured Property; (3)
all valid zoning ordinances; (4) rights
of tenants in possession of the Se
cured Property under all leases and
subleases granting the right to use or
occupy all or any part of the Secured
Property; and (5) any and all other
easements, limitations, restrictions,
reservations, covenants and encum
brances of record to which the Secur
ity Deed is junior and subordinate in
terms of priority under the laws of the
State of Georgia.
The Personal Property will be sold on
an “AS IS, WHERE IS” basis without
recourse against Lender and without
representation or warranty of any
kind or nature whatsoever with re
spect thereto. The Personal Property
will be sold subject to all unpaid taxes
and assessments, if any, which are li
ens against the Personal Property
and which are prior in right to the Se
curity Deed.
The Security Deed was given to se
cure (1) the payment of the indebted
ness evidenced by that certain
Amended and Restated Promissory
Note dated February 29, 2016, made
by Borrower to the order of Original
Lender (the “Note”) in the original
principal amount of $8,740,000.00
(the “Indebtedness”) and (2) the pay
ment and performance of all of Bor
rower’s covenants and obligations
under any and all other documents
evidencing or securing the Indebted
ness (said documents, together with
the Note and the Security Deed, are
herein collectively referred to as the
“Loan Documents”). The Indebted
ness has been and is hereby de
clared due and immediately payable
because of default by Borrower in
payment of the Indebtedness in ac
cordance with the terms of the Note,
the Security Deed and the other Loan
Documents.
The proceeds of the sale of the Se
cured Property shall be applied in ac
cordance with the Security Deed to (i)
the payment of the costs, fees and
expenses of this sale, including the
expenses of protecting the Secured
Property and attorneys' fees (notice
of intent to collect attorneys' fees
having been given pursuant to
O.C.G.A. § 13-1-11), (ii) payment of
the Indebtedness and any other
amounts secured by the Security
Deed, and (iii) the surplus, if any, to
the person or persons legally entitled
thereto.
CPIF Decatur Office, LLC, a Wash
ington limited liability company, as at
torney-in-fact for
++Sondial Properties, LLC++
a Georgia limited liability company.
William G. Rothschild
Sutherland Asbill & Brennan LLP
999 Peachtree Street, N.E., Suite
2300
Atlanta, Georgia 30309
(404) 853-8000
430-386293 7/7,7/14,7/21,7/28
NOTICE OF FORECLOSURE SALE
GEORGIA, DEKALB COUNTY
By virtue of Power of Sale contained
in the Deed to Secure Debt, Assign
ment of Rents and Security Agree
ment dated February 12, 2008, recor
ded on February 13, 2008 in Deed
Book 20622, Page 240, et seq. of the
DeKalb County, Georgia Records
from SQUEAKY CLEAN CAR
WASH, INC. (collectively, “Grantor”
and/or “Borrower”) to GWINNETT
COMMUNITY BANK (“Grantee”
and/or “Lender”), as modified in the
aforesaid real property record (the
“Security Deed”) and Promissory
Note, as modified, in the original prin
cipal amount of $519,000.00, with in
terest thereon as set forth therein,
there will be offered for sale at public
outcry to the highest bidder for cash
before the Courthouse door of
DEKALB COUNTY, GEORGIA, with
in the legal hours of sale on the first
Tuesday in August, 2016, the prop
erty known as:
ALL THAT TRACT or parcel of land
lying and being in Land Lot 139 of
the 18th District, DeKalb County,
Georgia, containing 1.762 acres ac
cording to a Survey for Brian D. Suth
erland prepared by Eston Pendley &
Associates, Eston Pendley, G.R.L.S.,
No. 945, said tract being more partic
ularly described according to said
survey as follows:
TO LOCATE THE TRUE PLACE OR
POINT OF BEGINNING, commence
at a point located on the southwest
erly right of way line of North Hair
ston Road (right of way varies), said
point being located 741.38' in a gen
erally southeasterly direction along
North Hairston Road from the inter
section of North Hairston Road with
the Georgia Railroad Right of Way
(200' R/W), and run thence along
said right of way line of North Hair
ston Road S 88° 37' 32" W a dis
tance of 8.17' to a point marked by a
1/2" rebar placed, said point being
the TRUE PLACE OR POINT OF BE
GINNING.
FROM THE TRUE PLACE OR
POINT OF BEGINNING AS THUS
ESTABLISHED, continue thence
along said right of way line of North
Hairston Road S 22° 23' 46" E a dis
tance of 133.73' to a point marked by
a 1/2" rebar found; leaving said right
of way line, run thence S 88° 35' 37"
W a distance of 390.62' to a point
marked by a 1/2" rebar found; run
thence S 01° 29' 21" E a distance of
121.83' to a point marked by a 1/2"
rebar found located on the northerly
right of way line of Stonegate Indus
trial Boulevard (80' R/W); run thence
along said right of way line of Stoneg
ate Industrial Boulevard S 88° 28' 20"
W a distance of 124.30' to a point
marked by a 1/2" rebar found; leav
ing said right of way line, run thence
N 01° 54' 51" W a distance of 246.98'
to a point marked by a Georgia
Power Company monument; run
thence N 88° 30' 56" E a distance of
125.05' to a point marked by a Geor
gia Power Company monument; run
thence N 88° 37' 32" E a distance of
343.98' to a point marked by a 1/2"
rebar placed located on the south
westerly right of way line of North
Hairston Road, said point being the
TRUE PLACE OR POINT OF BE
GINNING.
The indebtedness secured by the Se
curity Deed has been declared due
and payable by reason of default un
der the provisions of the Security
Deed and the terms of the note or
notes secured thereby, and sale will
be made for the purpose of applying
the proceeds thereof toward ex
penses of sale, payment of indebted
ness and interest thereon, and any
balance remaining shall be applied
as provided by law. The Property will
be sold as the property of SQUEAKY
CLEAN CAR WASH, INC.
Notice has been given of intention to
enforce provisions for collection of at
torney’s fees and expenses of fore
closure in accordance with legal re
quirements and the terms of the
above note or notes and Security
Deed. The Property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are a li
en, but not yet due and payable); any
matters which might be disclosed by
an accurate survey and inspection of
the Property; any assessments, liens,
encumbrances, zoning ordinances,
restrictions, easements and coven
ants which continue to be in effect
and have priority over the interest of
the purchaser at the non-judicial fore
closure sale contemplated by this No
tice of Sale and matters of record su
perior to the Security Deed first set
out above.
GWINNETT COMMUNITY BANK, AS
ATTORNEY IN FACT FOR
++SQUEAKY CLEAN CAR WASH,
INC.++
ANDERSEN, TATE & CARR, P.C.
One Sugarloaf Centre
1960 Satellite Boulevard, Suite 4000
Duluth, Georgia 30097
R. Matthew Reeves, Esq.
(770) 822-0900
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT AND ANY IN
FORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE.
430-386294 7/7,7/14,7/21,7/28
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
One Accord Community Church,
Inc. to PNC Bank, National Associ
ation, as successor to RBC Bank
(USA) (“PNC”), dated June 30, 2008,
filed and recorded July 9, 2008 in
Deed Book 20930, Page 322, DeKalb
County, Georgia Records (as
amended, modified, or revised from
time to time, “Security Deed”), said
Security Deed having been given to
secure a Note in the original princip
al amount of ONE MILLION SIX
HUNDRED SEVENTY THOUSAND
AND NO/100THS DOLLARS
($1,670,000.00) (as amended, modi
fied, or revised from time to time, the
“Note”), with interest thereon as
provided for therein, there will be sold
at public outcry to the highest bidder
for cash before the courthouse door
of DEKALB COUNTY, Georgia, with
in the legal hours for sale on the first
Tuesday in August, 2016, all prop
erty described in said Security Deed,
including, but not limited to,
declarant's rights, if any, and, without
limitation, the following described
property (or so much thereof as has
not, as of said first Tuesday, by duly
executed and recorded instrument,
previously been released from the li
en of the Security Deed):
PARCEL I:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING SITUATE
IN LAND LOT 66, OF THE 15TH
DISTRICT, DEKALB COUNTY,
GEORGIA, AND BEING MORE PAR
TICULARLY DESCRIBED AS FOL
LOWS:
BEGINNING AT AN IRON PIN
FOUND AT THE SOUTHEAST
CORNER OF THE INTERSECTION
OF DOGWOOD FARM ROAD AND
FLAT SHOALS ROAD; RUNNING
THENCE NORTH 51 DEGREES 14
MINUTES 42 SECONDS EAST, A
DISTANCE OF ONE HUNDRED
NINETY-NINE AND EIGHT HUN
DREDTHS (199.08) FEET TO A
POINT; RUNNING THENCE SOUTH
37 DEGREES 59 MINUTES 52
SECONDS EAST, A DISTANCE OF
NINE AND THIRTY-SEVEN HUN
DREDTHS (9.37) FEET TO A
POINT; RUNNING THENCE NORTH
52 DEGREES 00 MINUTES 08
SECONDS EAST, A DISTANCE OF
TWENTY-FIVE (25.00) FEET TO A
POINT; RUNNING THENCE NORTH
37 DEGREES 59 MINUTES 52
SECONDS WEST, A DISTANCE OF
NINE AND EIGHTY-THREE HUN
DREDTHS (9.83) FEET TO A POINT
ON THE SOUTHEAST SIDE OF
FLAT SHOALS ROAD; RUNNING
THENCE NORTH 50 DEGREES 57
MINUTES 21 SECONDS EAST,
ALONG AND FOLLOWING THE
CURVATURE OF THE SOUTH
EAST SIDE OF FLAT SHOALS
ROAD, A DISTANCE OF TWO HUN
DRED FIFTY-FIVE AND FIFTY-ONE
HUNDREDTHS (255.51) FEET TO A
RIGHT-OF-WAY MONUMENT; RUN
NING THENCE SOUTH 25 DE
GREES 54 MINUTES 32 SECONDS
EAST, A DISTANCE OF TWENTY-
NINE AND EIGHTY-FIVE HUN
DREDTHS (29.85) FEET TO A
RIGHT-OF-WAY MONUMENT; RUN
NING THENCE NORTH 51 DE
GREES 23 MINUTES 32 SECONDS
EAST, A DISTANCE OF THIRTY
AND SIXTY-NINE HUNDREDTHS
(30.69) FEET TO AN IRON PIN
FOUND; RUNNING THENCE
SOUTH 26 DEGREES 24 MINUTES
01 SECONDS EAST, A DISTANCE
OF SIX HUNDRED NINE AND
FIFTY-SIX HUNDREDTHS (609.56)
FEET TO A PIN FOUND ON THE
NORTHERNMOST LAND LOT LINE
OF LAND LOT 63, SAID DISTRICT;
RUNNING THENCE NORTH 89 DE
GREES 05 MINUTES 44 SECONDS
WEST, A DISTANCE OF SIX HUN
DRED EIGHTY-EIGHT AND
THIRTY-NINE HUNDREDTHS
(688.39) FEET TO AN IRON PIN
SET ON THE EASTERNMOST SIDE
OF DOGWOOD FARM ROAD; RUN
NING THENCE NORTH 01 DE
GREES 41 MINUTES 37 SECONDS
EAST, ALONG AND FOLLOWING
THE CURVATURE OF THE EAST
ERNMOST SIDE OF DOGWOOD
FARM ROAD, A DISTANCE OF
TWO HUNDRED FORTY-ONE AND
SIXTY-ONE HUNDREDTHS (241.61)
FEET TO AN IRON PIN FOUND
WHICH IS THE POINT OF BEGIN
NING.
LESS AND EXCEPT: THAT POR
TION OF THE ABOVE DESCRIBED
PROPERTY CONVEYED IN THOSE
CERTAIN RIGHT-OF-WAY DEED
RECORDED IN DEED BOOK 5366,
PAGE 516, AND IN DEED BOOK
6114, PAGE 477, DEKALB
COUNTY, GEORGIA RECORDS.
PARCEL II:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 178 OF THE 18TH DISTRICT
OF DEKALB COUNTY, GEORGIA,
BEING LOT 2, BLOCK C, UNIT
ONE, BRENTWOOD SUBDIVISION,
AS PER PLAT RECORDED AT
PLAT BOOK 68, PAGE 34, DEKALB
COUNTY RECORDS, WHICH PLAT
BY THIS REFERENCE IS INCOR
PORATED HEREIN AND MADE A
PART HEREOF.
The indebtedness secured by said
Security Deed has been and is
hereby declared due because of de
fault under the terms of said Security
Deed and Note, including, but not
limited to, the nonpayment of the in
debtedness as and when due. The
indebtedness remaining in default,
this sale will be made for the pur
pose of paying the same, all ex
penses of the sale, including attor
neys’ fees and other payments
provided for under the terms of the
Security Deed and Note.
Said property will be sold subject to
the following items which may affect
the title to said property: all zoning or
dinances; matters which would be
disclosed by an accurate survey or
by inspection of the property; any
outstanding taxes, including, but not
limited to, ad valorem taxes, which
constitute liens upon said property;
special assessments; and all out
standing bills for public utilities which
constitute liens upon said property;
To the best of the knowledge and be
lief of the undersigned, the party in
possession of the property is One Ac
cord Community Church, Inc. or ten
ants).
The sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the United States
Bankruptcy Code and (2) to final con
firmation and audit of the status of
the loan with the holder of the Secur
ity Deed. PNC and its counsel are
acting as debt collectors. Any inform
ation obtained will be used for that
purpose.
PNC as Attorney-in-Fact for
++ONE ACCORD COMMUNITY
CHURCH, INC.++
Contact: Brian Pierce, Esq.
Baker, Donelson, Bearman, Caldwell
& Berkowitz, PC
Monarch Plaza, Suite 1600
3414 Peachtree Road, N.E.
Atlanta, Georgia 30326
Telephone (404) 577-6000
430-386295 7/7,7/14,7/21,7/28
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the power of
sale granted by DECATUR SENIOR
INVESTOR LLC (“Grantor”) and to
MIDCAP FUNDING XVIII TRUST, a
Delaware statutory trust, as suc
cessor to MidCap Funding VIII Trust,
a Delaware statutory trust (f/k/a Mid-
Cap Funding VIII, LLC, a Delaware
limited liability company), as suc
cessor in interest to MidCap Funding
V Trust, a Delaware statutory trust
(f/k/a MidCap Funding V, LLC, a
Delaware limited liability company)
("Grantee") in that certain Deed to
Secure Debt, Assignment of Leases
and Rents, Security Agreement and
Fixture Filing dated March 3, 2014
and recorded in the Office of the
Clerk of the Superior Court of DeKalb
County, Georgia at Deed Book
24292, Page 474 on March 17, 2014
(the "Security Deed"); as assigned to
MidCap Funding VIII, LLC in that cer
tain Assignment of Security Docu
ments dated June 24, 2014, and re
corded in the Office of the Clerk of
the Superior Court of DeKalb County
at Deed Book 24477, Page 476; as
assigned to Midcap Funding XVIII
Trust in that certain Assignment of
Security Documents dated June 28,
2016, and recorded in the Office of
the Clerk of the Superior Court of
DeKalb County; MIDCAP FUNDING
XVIII TRUST offers for sale at public
outcry before the Courthouse Door, in
DeKalb County, Georgia, within the
legal hours of sale on the First Tues
day in August, being August 2, 2016,
for CASH to the highest bidder, the
purchaser paying transfer tax, if any,
the following-described property, to-
wit:
All that tract or parcel of land, lying
and being in Land Lot 48 of the 18th
District of DeKalb County, Georgia
and being more particularly de
scribed as follows:
To find the true point of beginning,
commence at the intersection of the
northerly right-of-way line of Irvin
Way (60 foot right-of-way) and the
easterly right-of-way line of Irvin
Court (60 foot right-of-way); proceed
thence along the right-of-way line of
Irvin Court, North 13 degrees 56
minutes 10 seconds East, 260.11
feet to a 1/2 inch rebar found and the
true point of beginning: proceed
thence along said right-of-way Irvin
Court for the next 3 courses; North 13
degrees 56 minutes 10 seconds
East, 116.41 feet to an iron pin found;
proceed thence along a curve to the
left, having a radius of 230.00 feet
and an arc length of 83.62 feet, with
a chord bearing of North 3 degrees
29 minutes 28 seconds East and a
chord length of 83.16 feet to an iron
pin found; proceed thence North 6
degrees 53 minutes 50 seconds
West, 199.77 feet to an iron pin
found; proceed thence leaving said
right-of-way line, North 76 degrees 49
minutes 31 seconds East, 296.50
feet to an iron pin found; proceed
thence North 1 degree 23 minutes 42
seconds East, 42.02 feet to a 1/2
inch rebar found; proceed thence
South 84 degrees 36 minutes 48
seconds East, 231.52 feet to an iron
pin found on the right-of-way line of
DeKalb Industrial Way (Right-of-Way
varies); proceed thence along said
right-of-way line for the next 6
courses; along a curve to the right,
having a radius of 1791.05 feet and
an arc length of 151.14 feet, with a
chord bearing of North 9 degrees 30
minutes 51 seconds East and a
chord length of 151.10 feet to an iron
pin found; proceed thence North 78
degrees 5 minutes 2 seconds West,
12.00 feet to an iron pin found; pro
ceed thence South 12 degrees 13
minutes 37 seconds West, 19.30 feet
to an iron pin found; proceed thence
South 77 degrees 27 minutes 44
seconds East, 12.00 feet to an iron
pin found; proceed thence along a
curve to the right, having a radius of
1791.05 feet and an arc length of
29.29 feet with a chord bearing of
South 13 degrees 00 minutes 22
seconds West and a chord length of
29.29 feet to an iron pin found;
thence continuing along said right of
way South 13 degrees 28 minutes 25
seconds West, a distance of 407.19
feet to a 1/2 inch rebar found, thence
leaving said right-of-way line, North
74 degrees 31 minutes 47 seconds
West, 413.76 feet to a 1/2 inch rebar
found and the true point of beginning.
Said parcel contains 232,932 square
feet (5.347 acres) of land, more or
less, and is more particularly shown
on that certain ALTA/ACSM Land
Title Survey for Decatur Senior In
vestor LLC; First American Title In
surance Company; MidCap Financial
LLC, its affiliates, successors and as
signs, as Agent; and Vedder Price
PC; prepared by Moreland Altobelli
Associates, Inc., bearing the seal of
Ronnie J. Joiner, G.R.L.S. No. 2488,
dated January 15, 2014, as revised.
The above-referenced Security Deed,
to which reference is hereby made,
were given to secure an indebted
ness evidenced by a Term Loan Note
dated March 3, 2014 in the original
principal sum of $6,100,000.00 ex
ecuted by DECATUR SENIOR LIV
ING LLC, and any renewals, exten
sions, or modifications of any such in
debtedness in whole or in part and
also all future advances that were
made thereunder by MIDCAP FUND
ING V, LLC, it successors and as
signs, to Grantor.
The indebtedness secured by said
Security Deed has been and is again
declared due and payable in full be
cause of, among other events of de
fault, the failure of DECATUR SENI
OR INVESTOR LLC to make pay
ments when due.
The indebtedness remaining in de
fault, the sale will be made for the
purpose of applying the proceeds
thereof to the payment of the in
debtedness secured by the said Se
curity Deed, expenses of the sale, at
torneys’ fees and all other sums se
cured by the Security Deed, and the
remainder, if any, shall be applied as
provided by said Security Deed and
by law.
To the best of the undersigned's
knowledge and belief the property is
in the possession of DECATUR
SENIOR INVESTOR LLC. The prop
erty is more commonly known as 475
Irvin Court, Decatur, Georgia and
bearing tax identification number of
18 048 01 014.
TERMS: Cash, purchaser paying for
transfer tax, if any, ad valorem taxes
and all other
assessments or liens due against the
property, if any.
Said property will be sold as the prop
erty of ++DECATUR SENIOR LIV
ING LLC++ and subject to all liens,
encumbrances, easements, restric
tions or other matters of record that
may have priority over said Security
Deed, if any.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
DECATUR SENIOR LIVING LLC
BY: MIDCAP FUNDING XVIII
TRUST,
AS ITS ATTORNEY-IN-FACT
Edgar M. Smith
HUNTER, MACLEAN, EXLEY &
DUNN, P.C.
Post Office Box 9848
Savannah, Georgia 31412
(912) 236-0261
430-386296 7/7,7/14,7/21,7/28
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF DEKALB
WHEREAS, Commerce Plaza Of
fice Partners, LLC, a Georgia lim
ited liability company (“Commerce
Plaza Borrower”) and Holcomb Ad
vance, LLC, a Georgia limited liab
ility company (“Holcomb Borrow
er” and, together with Commerce
Plaza Borrower, the “Initial Bor
rowers”), executed and delivered to
Countrywide Commercial Real Es
tate Finance, Inc., a California corpor
ation (“Original Lender”), that certain
Deed to Secure Debt, Assignment of
Leases and Rents, Security Agree
ment and Fixture Filing (the “Security
Deed”), dated as of December 21,
2006, filed and recorded December
22, 2006, in Deed Book 19501, be
ginning at Page 468, with the Clerk of
the Superior Court of DeKalb County,
Georgia (the “DeKalb County Re
cords”), as such Security Deed was
granted, bargained, sold, conveyed,
assigned, transferred and set over by
Original Lender to LaSalle Bank Na
tional Association, as Trustee for the
registered holders of ML-CFC Com
mercial Mortgage Trust 2007-5, Com
mercial Mortgage Pass Through Cer
tificates, Series 2007-5 (“the “First In
terim Holder”), pursuant to that cer
tain Assignment of Deed to Secure
Debt, Assignment of Leases and
Rents, Security Agreement and Fix
ture Filing, filed and recorded April
10, 2007 in Deed Book 19838, begin
ning at Page 544, in the DeKalb
County Records, as such Security
Deed was assumed, in part, from
Commercial Plaza Borrower by Cliff
Valley Way, LLC, a Georgia limited li
ability company (“Cliff Valley Borrow
er”), pursuant to that certain Loan As
sumption and Ratification Agreement
(Post Closing Transfer), made as of
July 20, 2007, filed and recorded Ju
ly 24, 2007 in Deed Book 20156, be
ginning at Page 32, in the DeKalb
County Records, as amended and re
stated pursuant to that certain
Amended and Restated Loan As
sumption and Ratification Agreement
(Post Closing Transfer), made as of
July 20, 2007, filed and recorded Au
gust 29, 2007 in Deed Book 20260,
beginning at Page 759, in the DeKalb
County Records, as such Security
Deed was further granted, bargained,
sold, conveyed, assigned, trans
ferred and set over by First Interim
Holder to U.S. Bank National Associ
ation, as Trustee for the registered
holders of ML-CFC Commercial Mort
gage Trust 2007-5, Commercial Mort
gage Pass Through Certificates,
Series 2007-5 ("Second Interim Hold
er”), pursuant to that certain Assign
ment of Deed to Secure Debt, As
signment of Leases and Rents, Se
curity Agreement and Fixture Filing
and Assignment of Assignment of
Leases and Rents, filed and recor
ded April 6, 2009 in Deed Book
21358, beginning at Page 738, in the
DeKalb County Records, as affected
by that certain Corrective Assign-
