Newspaper Page Text
Page 50C
www.thechampionnewspaper.com
The Champion Legal Section, Thursday, July 28, 2016
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 27, 2016 in Deed Book
25522, beginning at Page 713, in the
DeKalb County Records, as such Se
curity Deed was further assumed, in
part, from Commerce Plaza Borrow
er by Odum-Parris, LLC, a Georgia
limited liability company (“Odum-Par-
ris Borrower”, and together with Ini
tial Borrowers and Cliff Valley Bor
rower, individually, “Borrower” and
collectively, “Borrowers”), pursuant to
that certain Second Amended and
Restated Loan Assumption and Rati
fication Agreement (Post Closing
Transfer), made as of April 7, 2009,
filed and recorded April 8, 2009 in
Deed Book 21366, beginning at Page
747, in the DeKalb County Records,
as affected by that certain Ratifica
tion and Approval, filed and recorded
May 13, 2009 in Deed Book 21429,
beginning at Page 573, in the DeKalb
County Records, and as such Secur
ity Deed was further granted, bar
gained, sold, conveyed, assigned,
transferred and set over by Second
Interim Holder to 755 Commerce
Drive Holdings, LLC, a Maryland lim
ited liability company (“Holder”), pur
suant to that certain Assignment of
Deed to Secure Debt, Assignment of
Leases and Rents, Security Agree
ment and Fixture Filing, filed and re
corded May 4, 2016 in Deed Book
25537, beginning at Page 49, in the
DeKalb County Records (said Secur
ity Deed, as so assigned and as
sumed, being hereinafter called the
“Security Instrument”); and
WHEREAS, under and pursuant to
the Security Instrument, Borrowers
thereby irrevocably, unconditionally
and absolutely granted, bargained,
sold, released, conveyed, warranted,
assigned, transferred, mortgaged,
pledged, set over and confirmed un
to Holder (as subsequent successor
and assign of Original Lender), its
successors and assigns, WITH
POWER OF SALE AND RIGHT OF
ENTRY AND POSSESSION, to have
and to hold forever for the security
and benefit of Holder and its suc
cessors and assigns, all of Borrow
ers' right, title and interest in and to
the following property, rights, in
terests and estates, then existing or
thereafter coming into existence (the
property, rights, interests and es
tates hereinafter described are col
lectively referred to herein as the
“Property”):
(i) all the land situated in DeKalb
County, Georgia, as more particu
larly described as follows (the
“Land”):
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot
246 of the 15th District, City of Dec
atur, DeKalb County, Georgia, being
described on that certain Boundary
Survey for Countrywide Commercial
Real Estate Finance, Inc., Com
merce Plaza Office Partners, LLC,
Holcomb Advance, LLC and Chicago
Title Insurance Company, dated
December 11, 2006, as last revised
December 18, 2006, prepared by
Travis Pruitt & Associates, P.C. and
bearing the seal of Jon G. Adams,
Georgia Registered Land Surveyor
No. 2768, and being more particu
larly described as follows:
TO REACH THE TRUE POINT OF
BEGINNING, commence at the inter
section of the easterly right-of-way of
Church Street (60 foot right-of-way)
and the southerly right-of-way of
Commerce Drive, also known as
Columbia Drive (60 foot right-of-way);
thence run along the southerly right-
of-way of Commerce Drive in an
easterly direction 229.3 feet to a point
marked by a 5/8-inch rebar found,
said point being the TRUE POINT OF
BEGINNING; thence from the TRUE
OF POINT OF BEGINNING as thus
established continue along said right-
of-way North 87°53’10” East a dis
tance of 70.31 feet to a point marked
by a 1/4 inch rebar found; thence
leaving said right-of-way and run
South 02°24’08” East a distance of
190.55 feet to a point marked by 1/4
inch rebar found; thence run South
87°37’15” West a distance of 70.73
feet to a point marked by an iron pin
set; thence run North 02°16’33” West
a distance of 190.88 feet to a point
marked by a 5/8-inch rebar found,
said point being the POINT OF BE
GINNING; said tract containing 0.309
acres (the “Fee Parcel”);
TOGETHER WITH all rights, obliga
tions and easements contained in
that certain Parking Agreement dated
as of September 24, 2003 by and
between Dawson Decatur Redevel
opment, LLC, a Georgia limited liabil
ity company, as successor-in-interest
to Decatur Federal Savings and Loan
Association, and Commerce Plaza of
Decatur, LLC, as amended by that
certain Amendment to Parking Agree
ment by and between APG Parking,
LLC, and (i) Commerce Plaza Office
Partners, LLC, and (ii) Holcomb Ad
vance, LLC, dated December ,
2006, and recorded December ,
2006, in Deed Book , page
, DeKalb County, Georgia, re
cords, as evidenced by that certain
Memorandum of Parking Agreement
dated September 24, 2003, filed for
record February 10, 2004, and recor
ded in Deed Book 15799, Page 61,
aforesaid records; said Parking
Agreement was assigned by Dawson
Decatur Redevelopment, LLC to APG
Parking, LLC, by virtue of that cer
tain Assignment and Assumption of
Leases and Licenses dated as of Oc
tober 13, 2004, and assigned by
Commerce Plaza of Decatur, LLC, to
Commerce Plaza Office Partners,
LLC and Holcomb Advance, LLC, by
virtue of that certain unrecorded As
signment of Parking Agreement
dated December , 2006 (the “Park
ing Agreement”);
(ii) all of Borrowers’ “accounts,” as
such term is defined in the Uniform
Commercial Code (the “UCC”) in ef
fect in the jurisdiction in which the
Property or any of the Security In
terest Property (as defined in the Se
curity Instrument) is located, as ap
plicable (the “Accounts”);
(iii) the Reserve Accounts (as defined
in the Loan Agreement [as defined in
the Security Instrument]), together
with all cash, checks, drafts, certific
ates and instruments, if any, from
time to time deposited or held in the
Reserve Accounts, all interest, di
vidends, cash, instruments, invest
ment property and other property
from time to time received, receiv
able or otherwise payable in respect
of or in exchange for, any or all of the
foregoing;
(iv) all easements, rights-of-way,
strips and gores of land, vaults,
streets, ways, alleys, passages, sew
er rights, waters, water courses, wa
ter rights, air rights, development
rights and powers, and, to the extent
then or thereafter owned by Borrow
ers, all minerals, flowers, shrubs,
crops, trees, timber and other emble
ments then or thereafter appurtenant
to, or used in connection with, or loc
ated on, under or above the Land or
any part or parcel thereof, and all “as
extracted collateral” (as defined in the
UCC), and all parking (including,
without limitation, Borrowers’ rights
contained in that certain Parking
Agreement dated September 24,
2003, by and between APG, as suc
cessor in interest to Dawson Decatur
Redevelopment, LLC, as lessor, and
Initial Borrowers, as successor in in
terest to Seller, as lessee, as
amended from time to time);
(v) (a) all contracts between any Bor
rower and third parties in connection
with the management, construction,
repair, renovation, use, operation or
maintenance of the Property, in each
case as the same may thereafter
from time to time be amended or
modified; and (b) all warranties, guar
antees, and other rights of Borrowers
or Manager (as defined in the Loan
Agreement), direct and indirect,
against manufacturers, dealers, sup
pliers, and others in connection with
the above contracts and agreements
or the work done or to be done and
the materials supplied or to be sup
plied to or for the Property;
(vi) all of Borrowers’ “equipment,” as
such term is defined in the UCC, and,
to the extent not included in such
definition, all fixtures, appliances, ma
chinery, “software” (as defined in the
UCC), furniture, furnishings, decora
tions, tools and supplies, then owned
or thereafter acquired by Borrowers,
including without limitation, all beds,
linens, radios, televisions, carpeting,
telephones, cash registers, com
puters, electronic data-processing or
other office equipment, lamps, glass
ware, restaurant and kitchen equip
ment, and building equipment, includ
ing, without limitation, all heating,
lighting, incinerating, waste removal
and power equipment, engines,
pipes, tanks, motors, conduits,
switchboards, security and alarm sys
tems, plumbing, lifting, cleaning, fire
prevention, fire extinguishing, refri
geration, washing machines, dryers,
stoves, refrigerators, ventilating, and
communications apparatus, air cool
ing and air conditioning apparatus,
escalators, elevators, ducts, and
compressors, materials and supplies,
and all other machinery, apparatus,
equipment, fixtures and fittings then
owned or thereafter acquired by Bor
rowers wherever located, any portion
thereof or any appurtenances
thereto, together with all additions,
replacements, parts, fittings, acces
sions, attachments, accessories,
modifications and alterations of any
of the foregoing;
(vii) all buildings, structures and im
provements of every nature whatso
ever situated on the Land on Decem
ber 21, 2006 or thereafter, including,
without limitation, to the extent of
Borrowers’ right, title or interest
therein or thereto, all gas and elec
tric fixtures, radiators, heaters, wash
ing machines, dryers, refrigerators,
ovens, engines and machinery, boil
ers, ranges, elevators and motors,
plumbing and heating fixtures, anten
nas, carpeting and other floor cover
ings, water heaters, awnings and
storm sashes, and cleaning apparat
us which were then or thereafter at
tached to the Land or said buildings,
structures or improvements;
(viii) all of Borrowers’ “instruments,”
as such term is defined in the UCC,
and, to the extent not included in
such definition, all instruments, chat
tel paper, documents or other writ
ings obtained by any Borrower from
or in connection with the ownership
or operation of the Property eviden
cing a right to the payment of money,
including, without limitation, all notes,
drafts, acceptances, documents of
title, and policies and certificates of
insurance, including but not limited
to, liability, hazard, rental and credit
insurance, guarantees and securities,
then or thereafter received by any
Borrower or in which any Borrower
then had or thereafter acquired an in
terest pertaining to the foregoing (the
“Instruments”);
(ix) all of Borrowers’ “inventory,” as
such term is defined in the UCC (the
“Inventory”);
(x) all of Borrowers’ “general intan
gibles,” as such term is defined in the
UCC, and, to the extent not included
in such definition, all intangible per
sonal property of Borrowers (other
than Accounts, Rents [as hereinafter
defined], Instruments, Inventory,
money and Permits [as hereinafter
defined]), including, without limitation,
choses in action, settlements, judg
ments, contract rights, rights to per
formance (including, without limita
tion, rights under warranties) refunds
of real estate taxes and assess
ments and other rights to payment of
money, copyrights, trademarks, trade
names, service marks, trade secrets,
and patents, the goodwill associated
with any of the foregoing, and all ap
plications for any of the foregoing, in
each case whether then existing or
thereafter in existence;
(xi) all leases and other agreements
or arrangements affecting the use or
occupancy of all or any portion of the
Property then in effect or thereafter
entered into (including all lettings,
subleases, licenses, concessions,
tenancies and other occupancy
agreements covering or encumber
ing all or any portion of the Property),
together with any guarantees, sup
plements, amendments, modifica
tions, extensions and renewals of the
same (the “Leases”);
(xii) all licenses, registrations, per
mits, allocations, filings, authoriza
tions, approvals and certificates used
in connection with the ownership, op
eration, construction, renovation, use
or occupancy of the Property, includ
ing, without limitation, building per
mits, business licenses, state health
department licenses, food service li
censes, liquor licenses, licenses to
conduct business and all such other
permits, licenses and rights, ob
tained from any Governmental Au
thority or private Person concerning
the ownership, construction, opera
tion, renovation, use or occupancy of
the Property (the “Permits”) (to the
fullest extent assignable);
(xiii) with respect to the Property, all
rents (whether denoted as advance
rent, minimum rent, percentage rent,
additional rent or otherwise), receipts,
issues, income, royalties, profits, rev
enues, proceeds, bonuses, deposits
(whether denoted as security depos
its or otherwise), lease termination
fees or payments, rejection damages,
buy-out fees and any other fees then
or thereafter made in lieu of rent, any
award then or thereafter made to Bor
rowers in any court proceeding in
volving any tenant, lessee, licensee
or concessionaire under any of the
Leases in any bankruptcy, insolv
ency or reorganization proceedings in
any state or federal court, and all oth
er payments, rights and benefits of
whatever nature from time to time
due under the Leases (the “Rents”);
(xiv) all of Borrowers’ “proceeds” as
such term is defined in the UCC and,
to the extent not included in such
definition, all proceeds, whether cash
or non-cash, movable or immovable,
tangible or intangible (including Insur
ance Proceeds, Condemnation Pro
ceeds (each as defined in the Loan
Agreement), and proceeds of pro
ceeds), from the Security Interest
Property, including, without limitation,
those from the sale, exchange, trans
fer, collection, loss, damage, disposi
tion, substitution or replacement of
any of the Security Interest Property
and all income, gain, credit, distribu
tions and similar items from or with
respect to the Security Interest Prop
erty;
(xv) the Chattel Paper (including
Electronic Chattel Paper and Tan
gible Chattel Paper), Commercial
Tort Claims, Deposit Accounts, Docu
ments, Goods, Investment Property,
Letter of Credit Rights, Payment In
tangibles and Supporting Obligations
(as all such terms in this clause (xv)
are defined in the UCC); and
(xvi) any and all other rights of Bor
rowers in and to the items set forth in
clauses (i) through (xv) above, all
whether then owned or thereafter ac
quired, and all other property which
then or thereafter may have become
subject to a Lien (as defined in the
Loan Agreement) in favor of Holder
pursuant to any Loan Document (as
defined in the Security Instrument).
WHEREAS, the Security Instrument
secures, in part, that certain loan (the
“Loan”) to Borrowers as evidenced by
that certain Promissory Note (Fixed
Rate) (the “Note”), dated December
21, 2006, in the original principal
amount of $10,000,000.00, made by
Original Lender to Initial Borrowers,
as assumed, in part, by Cliff Valley
Borrower and Odum-Parris Borrower,
and as subsequently assigned to
Holder; and
WHEREAS, defaults and Events of
Default (as defined in the Security In
strument) have occurred and are con
tinuing under the Note and the Secur
ity Instrument, specifically including,
without limitation, the failure of Bor
rower to pay the payments due un
der the Note and the Loan Docu
ments (as defined in the Security In
strument) on the dates on which such
payments were due; and
WHEREAS, by reason of such de
faults and Events of Default, the In
debtedness (as defined in the Loan
Agreement) has been, and is hereby,
accelerated and declared immedi
ately due and payable, and the Se
curity Instrument has become, is, and
is hereby subject to foreclosure as
provided by law, the Note and the
Security Instrument; and
WHEREAS, prior to the consumma
tion of the exercise of the power of
sale contained in the Security Instru
ment and the consummation of the
foreclosure sale of the Property, the
Reserve Accounts and any and all
other funds, cash, letters of credit
and other sums, if any, held by Hold
er for or on behalf of any Borrower, in
escrow, in reserve or in other ac
counts established under the Note,
the Security Instrument, the Loan
Agreement and/or any Loan Docu
ment, for payment of taxes, assess
ments and other similar charges
levied against the Property, insur
ance, capital improvements, replace
ments, tenant improvements, leasing
commissions or otherwise (collect
ively, the “Funds”) have been or shall
be applied by Holder toward pay
ment of the Indebtedness, to the ex
tent provided in the Note, the Secur
ity Instrument, the Loan Agreement
and the other Loan Documents.
NOW, THEREFORE, under and pur
suant to the power of sale contained
in the Security Instrument and ac
cording to the terms of the Security
Instrument and the laws in such
cases made and provided, Holder will
expose the Property (less and ex
cept the Funds) for sale, at public
sale to the highest bidder, for cash on
that certain first Tuesday in August,
2016, being August 2, 2016, during
the legal hours for sale, before the
courthouse door in DeKalb County,
Georgia. The Property (less and ex
cept the Funds) will be sold subject to
the following:
1. All outstanding taxes and assess
ments, and any additional taxes
which result from a reassessment of
the Property;
2. Rights and obligations of tenants in
possession under unrecorded
Leases, if any, as tenants only, with
no option to purchase or right of first
refusal;
3. Easement as contained in that cer
tain Right-of-Way Deed dated June
19, 1964 from Decatur Federal Sav
ings and Loan Association to DeKalb
County, filed and recorded June 23,
1964 in Deed Book 1893, Page 154,
DeKalb County Records;
4. Easement as contained in that cer
tain Right-of-Way Deed dated June
19, 1964 from Decatur Federal Sav
ings and Loan Association to DeKalb
County, filed and recorded June 23,
1964 in Deed Book 1893, Page 156,
DeKalb County Records;
5. Obligations contained in that cer
tain Parking Agreement dated as of
September 24, 2003 by and between
Dawson Decatur Redevelopment,
LLC, as successor-in-interest to Dec
atur Federal Savings and Loan Asso
ciation, and Commerce Plaza of Dec
atur, LLC, as amended by that cer
tain Amendment to Parking Agree
ment by and between APG Parking,
LLC, and (i) Commerce Plaza Office
Partners, LLC, and (ii) Holcomb Ad
vance, LLC, dated December 21,
2006, filed and recorded December
22, 2006 in Deed Book 19501, Page
461, DeKalb County Records, as
evidenced by that certain Memor
andum of Parking Agreement dated
September 24, 2003, filed and recor
ded February 10, 2004 in Deed Book
15799, Page 61, DeKalb County Re
cords; said Parking Agreement was
assigned by Dawson Decatur Re
development, LLC to APG Parking,
LLC, by virtue of that certain Assign
ment and Assumption of Leases and
Licenses dated as of October 13,
2004, and assigned by Commerce
Plaza of Decatur, LLC, to Commerce
Plaza Office Partners, LLC and Hol
comb Advance, LLC, by virtue of that
certain unrecorded Assignment of
Parking Agreement dated December
21,2006;
6. Short Form of Building Lease
Agreement dated April 26, 1994
between Snap/Palm Holding Com
pany and Pactel Cellular, Inc., filed
and recorded June 13,1994 in Deed
Book 8220, Page 345, DeKalb
County Records;
7. The following matters affecting
caption property shown on that cer
tain Boundary Survey for Country
wide Commercial Real Estate Fin
ance, Inc., Commerce Plaza Office
Partners, LLC, Holcomb Advance,
LLC and Chicago Title Insurance
Company, dated December 11, 2006,
as last revised December 18, 2006,
prepared by Travis Pruitt & Asso
ciates, P.C. and bearing the seal of
Jon G. Adams, Georgia Registered
Land Surveyor No. 2768:
(a) Building encroaches upon appar
ent slope easements described in in
struments recorded in Deed Book
1893, Page 154 and Page 156,
DeKalb County Records;
(b) Parking deck overhangs and at
taches to the building on the Prop
erty along the easterly and the south
erly side of the building;
(c) Gas meter/regulator located on
the southerly portion of Property; and
(d) 12 foot concrete wall meanders
along westerly property line.
8. Memorandum of Lease Agree
ment dated April 24, 1997 by and
between Robert E. Lanier d/b/a Com
merce Plaza, as landlord, and South
ern Communications Service, Inc., as
tenant, filed and recorded May 23,
1997 in Deed Book 9442, Page 355,
DeKalb County Records;
AS TO PARKING AREA ONLY DE-
SCRIBED IN THE PARKING
AGREEMENT:
9. Easements contained in Right of
Way Deed from B. Hugh Burgess and
Decatur Federal Savings and Loan
Association in favor of DeKalb
County dated June 19, 1964, recor
ded in Deed Book 1893, Page 156,
DeKalb County Records;
10. Memorandum of Lease dated
February 7, 1972 from Decatur Fed
eral Savings and Loan Association to
Decatur Professional Investors, filed
and recorded March 24, 1972 in
Deed Book 2790, Page 400, DeKalb
County Records, as modified by First
Modification to Lease with Option to
Purchase dated January 24, 1979,
filed and recorded March 6, 1979 in
Deed Book 3997, Page 227, DeKalb
County Records, as assigned by As
signment of Tenant’s Interest in
Lease dated September 29,1998 by
Decatur Professional Investors to
Decatur Health Resources, Inc., filed
and recorded October 19, 1998 in
Deed Book 10284, Page 213, DeKalb
County Records, as further assigned
and assumed by Assignment and As
sumption of Leases and Licenses
dated October 13, 2004 by Dawson
Decatur Redevelopment LLC and
APG Parking LLC, filed and recorded
October 18, 2004 in Deed Book
16712, Page 418, DeKalb County
Records;
11. Easements in favor of Georgia
Power Company, as follows:
(a) dated November 11, 1976, filed
and recorded May 16, 1977 in Deed
Book 3658, Page 614, DeKalb
County Records; and
(b) dated November 12, 1976, filed
and recorded May 16, 1977 in Deed
Book 3658, Page 617, DeKalb
County Records;
12. Declaration of Restrictive Coven
ants dated June 30, 2000 by First
Union National Bank, the successor-
in-interest by merger to Decatur Fed
eral Savings and Loan Association,
and First Union National Bank of
Georgia, filed and recorded July 7,
2000 in Deed Book 11453, Page 661,
DeKalb County Records;
13. Memorandum of Lease dated
June 30,2000 between Dawson Dec
atur Redevelopment, LLC and First
Union National Bank, filed and recor
ded July 7, 2000 in Deed Book
11454, Page 24, DeKalb County Re
cords;
14. Second Amended and Restated
Declaration of Easements, Coven
ants and Restrictions for Renais
sance Centre dated October 13,
2004, filed and recorded March 25,
2004 in Deed Book 15945, Page 10,
DeKalb County Records;
15. Memorandum of Non-Compete
Agreement dated October 13, 2004
by and between Dawson Decatur Re
development LLC and APG Parking,
LLC, filed and recorded October 18,
2004 in Deed Book 16712, Page 411,
DeKalb County Records;
16. Assignment and Assumption of
Declarant Status Under Declaration
of Easements, Covenants and Re
strictions for Renaissance Centre
dated October 13, 2004 from Dawson
Decatur Redevelopment, LLC to APG
Decatur, LLC, filed and recorded Oc
tober 18, 2004 in Deed Book 16712,
Page 416, DeKalb County Records;
17. Assignment and Assumption of
Leases and Licenses dated October
13, 2004 by Dawson Decatur Re
development, LLC and APG Parking,
LLC, filed and recorded October 18,
2004 in Deed Book 16712, Page 418,
DeKalb County Records;
18. Obligations contained in that cer
tain Parking Agreement dated as of
September 24, 2003 by and between
Dawson Decatur Redevelopment,
LLC, as successor-in-interest to Dec
atur Federal Savings and Loan Asso
ciation, and Commerce Plaza of Dec
atur, LLC, as amended by that cer
tain Amendment to Parking Agree
ment by and between APG Parking,
LLC, and (i) Commerce Plaza Office
Partners, LLC, and (ii) Holcomb Ad
vance, LLC, dated December 21,
2006, and recorded December 22,
2006, in Deed Book 19501, Page
461, DeKalb County Records, as
evidenced by that certain Memor
andum of Parking Agreement dated
September 24, 2003, filed for record
February 10, 2004, and recorded in
Deed Book 15799, Page 61, DeKalb
County Records; said Parking Agree
ment was assigned by Dawson Dec
atur Redevelopment, LLC to APG
Parking, LLC, by virtue of that cer
tain Assignment and Assumption of
Leases and Licenses dated as of Oc
tober 13, 2004, and assigned by
Commerce Plaza of Decatur, LLC, to
Commerce Plaza Office Partners,
LLC and Holcomb Advance, LLC, by
virtue of that certain unrecorded As
signment of Parking Agreement
dated December 21, 2006;
AS TO THE PROPERTY:
19. All valid zoning ordinances; and
20. All other, if any, easements, limit
ations, reservations, covenants, re
strictions, deeds to secure debt, li
ens and other encumbrances and
matters of public records to which the
Security Instrument is junior and sub
ordinate in terms of priority under the
laws of the State of Georgia.
The Indebtedness remaining in de
fault and the aforesaid defaults and
Events of Default continuing, the sale
of the Property (less and except the
Funds) under and pursuant to the
power of sale contained in the Secur
ity Instrument will be made for the
purpose of applying the proceeds
thereof, as provided for in the Secur
ity Instrument and pursuant to applic
able law.
The Property (less and except the
Funds) will be sold on an “as is,
where is” basis without recourse
against Holder and without represent
ation or warranty of any kind or
nature whatsoever with respect
thereto, with no assurance afforded
as to the exact acreage of the Land.
To the best of Holder’s knowledge
and belief, the Property (less and ex
cept the Funds) is presently owned
by Borrowers and 755 Office Part
ners, LLC, a Georgia limited liability
company, subject to the aforesaid in
terests of Holder and the matters set
forth herein, and Borrowers and 755
Office Partners, LLC, a Georgia lim
ited liability company, are the parties
in possession of the Property (less
and except the Funds), subject to the
aforesaid interests.
The notice to Borrowers, pursuant to
O.C.G.A. §44-14-162.2, has been
provided by Holder to Borrowers in
accordance with said O.C.G.A. §44-
14-162.2.
The undersigned may sell the Prop
erty (less and except the Funds) or
any part of the Property (less and ex
cept the Funds) in such manner and
order as Holder may elect and may
sell that portion of the Property (less
and except the Funds), which, under
the laws of the State of Georgia, con
stitutes an estate or interest in real
estate separately from that portion of
the Property (less and except the
Funds), which, under the laws of the
State of Georgia, constitutes person
alty and not an interest in the real es
tate, in which case separate bids will
be taken therefor, or collectively in a
single sale or lot, in which case a
single bid will be taken therefor. No
tice of the undersigned’s intent shall
be given by announcement made at
the commencement of the public
sale.
The recitals set forth hereinabove are
hereby incorporated in and made a
part of this Notice of Sale Under
Power.
755 COMMERCE DRIVE HOLD
INGS, LLC, a Maryland limited liabil
ity company, as agent and attorney-
in-fact for ++COMMERCE PLAZA
OFFICE PARTNERS, LLC++, a
Georgia limited liability company,
HOLCOMB ADVANCE, LLC, a Geor
gia limited liability company, CLIFF
VALLEY WAY, LLC, a Georgia lim
ited liability company, and ODUM-
PARRIS, LLC, a Georgia limited liab
ility company
By: U.S. Bank National Association,
as Trustee, successor-in-interest to
Bank of America, N.A, as Trustee,
successor by merger to LaSalle Bank
National Association, as Trustee for
the registered holders of ML-CFC
Commercial Mortgage Trust 2007-5,
Commercial Mortgage Pass Through
Certificates, Series 2007-5, sole
Member/Manager
By: CWCapital Asset Management
LLC, a Delaware limited liability com
pany, solely in its capacity as Spe
cial Servicer for sole Member/Man
ager
By: its attorney-at-law:
Edwin H. Garrison
Edwin H. Garrison, Esq.
Kilpatrick Townsend & Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
430-386297 7/7,7/14,7/21,7/28
NOTICE OF SALE
UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF DEKALB
Under and by virtue of the Power of
Sale contained in the Deed to Se
cure Debt and Security Agreement
from PEAK CONSTRUCTION
GROUP, LLC (“Borrower”) to AT
LANTA CITY HOLDINGS, LLC
(“Lender”) dated February 17, 2016,
recorded on February 18, 2016, at
Deed Book 25405, page 489, offices
of the Clerk of the Superior Court of
DeKalb County, Georgia (the “Secur
ity Deed”), the undersigned will sell at
public outcry to the highest and best
bidder for cash before the door of the
Courthouse of DeKalb County, Geor
gia, during the legal hours of sale, on
the first Tuesday in August 2016 (i.e.,
August 2, 2016), the following de
scribed real and personal property
(the “Property”), to wit:
All that tract or parcel of land lying
and being in Land Lot 177 of the 15th
District of DeKalb County, Georgia,
and being more particularly de
scribed as follows:
Beginning at a point on the south
easterly side of McPherson Avenue
407 feet northeasterly as measured
along the southeasterly side of
McPherson Avenue from the inter
section formed by the southeasterly
side of McPherson Avenue with the
northeasterly side of Flat Shoals Av
enue; running thence northeasterly
along the southeasterly side of
McPherson Avenue, 50 feet to a
point; running thence southwesterly
131 feet to a point; running thence
southwesterly 50 feet to a point; run
ning thence northwesterly 131 feet to
the southeasterly side of McPherson
