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8B |dawsonnews.com | DAWSON COUNTY NEWS
Wednesday, May 22,2019
and belief ofthe undersigned,
the owner and party in
possession of the property is
JOSEPH CERNIGLIA, LINDA K
CERNIGLIA, or tenants(s).
The sale will be conducted
subject (1) to confirmation
that the sale is not prohibited
under the U.S. Bankruptcy
Code and (2) to final
confirmation and audit ofthe
status of the loan with the
holder ofthe Security Deed.
Please note that, pursuant to
O.C.G.A. § 44-14-162.2, you
are not entitled by law to an
amendment or modification
of the terms of your loan. The
entity having full authority to
negotiate, amend or modify
all terms ofthe loan (although
not required by law to do
so) is: Quicken Loans Inc.,
Loss Mitigation Dept., 635
Woodward Ave., Detroit, Ml
48226, Telephone Number:
(800) 508-0944.
QUICKEN LOANS INC.
as Attorney in Fact for
JOSEPH CERNIGLIA, LINDA K
CERNIGLIA
THE BELOW LAW FIRM MAY
BE HELD TO BE ACTING AS
A DEBT COLLECTOR, UNDER
FEDERAL LAW. IF SO, ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
Attorney Contact: Rubin
Lublin, LLC, 3145 Avalon Ridge
Place, Suite 100, Peachtree
Corners, GA 30071
Telephone Number: (877)
813-0992 Case No. QKN-18-
05641-2
Ad Run Dates 05/08/2019,
05/15/2019, 05/22/2019,
05/29/2019
rlselaw.com/property-listing
42625, 5/8,15,22,29
(Kent)
STATE OF GEORGIA
COUNTY OF DAWSON
NOTICE OF SALE UNDER
POWER
Under and by virtue of the
power of sale contained in a
Security Deed from JAMES
LARRY KENT and PEGGY LEE
KENT to UNITED COMMUNITY
BANK, dated November 20,
2003, recorded December 1,
2003, in Deed Book 565, Page
258, Dawson County, Georgia
records, as last modified by
Modification of Security Deed
dated December 19, 2014,
recorded in Deed Book 1139,
Page 451, Dawson County,
Georgia records, said Security
Deed being given to secure
a certain indebtedness from
JAMES LARRY KENT and
PEGGY L. KENT, with interest
due thereon 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 at Dawson
County, Georgia, within the
legal hours of sale on the first
Tuesday in June, 2019, the
following described property:
All that tract or parcel of land
lying and being in Land Lot
392 of the 4 t '* District, 1 st
Section of Dawson County,
Georgia consisting of 1.946
acres, more or less, together
with all improvements
located thereon, and being
more particularly set out on
a plat of survey dated April
9, 1996, prepared for James
Larry Kent and Peggy Gayton
Kent by Michael Stewart
Kelley, Georgia Registered
Land Surveyor. This plat is
recorded in Plat Book 38, Page
115, Dawson County Records,
and is incorporated herein by
reference for a more detailed
description.
Also conveyed herewith is
a perpetual, non-exclusive
easement along and with
the existing gravel road
as particularly shown on
the above-referenced plat
of survey connecting the
property with Highway 53
as was conveyed to Grantors
herein in a Warranty Deed
recorded in Deed Book 201,
Page 321, Dawson County
Records. This roadway is more
particularly set out on a plat of
survey dated August 4, 1987,
prepared for Cecil Summerour
and recorded in Plat Book
22, Page 9, Dawson County
Records. Said Deed and Plat
are incorporated herein by
reference for a more detailed
description ofthe roadway.
This property is conveyed
subject to all easement for
roads and utilities in use or of
record.
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to
pay the indebtedness as
and when due and in the
manner provided in the
Note and Security Deed. The
debt remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
as provided in the Security
Deed and by law, including
attorney's fees (notice of
intent to collect attorney's
fees having been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed
by an accurate survey and
inspection of the property,
any assessments, liens,
easements, encumbrances,
zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
To the best knowledge and
belief of the undersigned,
the party in possession of
the property is JAMES LARRY
KENT and PEGGY LEE KENT or
a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for JAMES
LARRY KENT and EGGY LEE
KENT
L. Lou Allen
Stites & Harbison, PLLC
303 Peachtree Street, N.E.
Suite 2800
Atlanta, Georgia 30308
(404) 739-8893
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
42692, 5/8,15, 22, 29
(Lingerfelt)
NOTICE OF SALE UNDER
POWER
GEORGIA, DAWSON COUNTY
THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
Under and by virtue of the
Power of Sale contained in a
Security Deed given by Rocky
S. Lingerfelt to Mortgage
Electronic Registration
Systems, Inc., as nominee for
Branch Banking and Trust
Company, its successors
and assigns, dated June
19, 2008, recorded in Deed
Book 872, Page 475, Dawson
County, Georgia Records, as
last transferred to Cascade
Funding MortgageTrust 2017-
1 by assignment recorded in
Deed Book 1275, Page 303,
Dawson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
TWENTY-FOUR THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($124,500.00), with
interest thereon as set forth
therein, there will be sold at
public outcry to the highest
bidder for cash before the
courthouse door of Dawson
County, Georgia, or at such
place as may be lawfully
designated as an alternative,
within the legal hours of sale
on the first Tuesday in June,
2019, the following described
property:
SEE EXHIBIT "A" ATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible
events of default, failure to
pay the indebtedness as
and when due and in the
manner provided in the
Note and Security Deed. The
debt remaining in default,
this sale will be made for the
purpose of paying the same
and all expenses of this sale,
as provided in the Security
Deed and by law, including
attorney's fees (notice of
intent to collect attorney's
fees having been given).
Said property will be sold
subject to any outstanding
ad valorem taxes (including
taxes which are a lien, 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,
covenants, and matters of
record superior to the Security
Deed first set out above.
Cascade Funding Mortgage
Trust 2017-1 is the holder
of the Security Deed to the
property in accordance with
OCGA§ 44-14-162.2.
The entity that has full
authority to negotiate,
amend, and modify all terms
of the mortgage with the
debtor is: Specialized Loan
Servicing, 8742 Lucent Blvd
STE 300, Highlands Ranch, CO
80129, 800-306-6059.
To the best knowledge and
belief of the undersigned,
the party in possession ofthe
property is Rocky S. Lingerfelt
or a tenant or tenants and said
property is more commonly
known as 9866 Kelly Bridge
Road, Dawsonville, Georgia
30534.
The sale will be conducted
subject (1) to confirmation
that the sale is not prohibited
under the U.S. Bankruptcy
Code and (2) to final
confirmation and audit ofthe
status of the loan with the
holder of the security deed.
Cascade Funding Mortgage
Trust 2017-1
as Attorney in Fact for
Rocky S. Lingerfelt
McCalla Raymer Leibert
Pierce, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
EXHIBIT "A"
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING
IN LAND LOTS 684, 744 AND
745 OF THE 4TH DISTRICT
AND 1ST SECTION OF
DAWSON COUNTY, GEORGIA,
CONTAINING 2.00 ACRES,
MORE OR LESS, AS PER
PLAT OF SURVEY PREPARED
FOR LEO GEHRTZ, JR. BY
RICHARD J. WEBB, GEORGIA
REGISTERED SURVEYOR,
DATED AUGUST 21, 1996,
RECORDED IN PLAT BOOK 38,
PAGE 261, DAWSON COUNTY,
GEORGIA RECORDS WHICH
PLAT IS INCORPORATED
HEREIN AND MADE A PART
HEREOF BY REFERENCE.
MR/th4 6/4/19
Our file no. 598317-FT7
42740, 5/8,15, 22, 29
(Monarch at Dawson Village,
LLC)
STATE OF GEORGIA
COUNTY OF DAWSON
NOTICE OF SALE UNDER
POWER
WHEREAS, Monarch at Dawson
Village, LLC, a Delaware
limited liability company
("Borrower"), executed and
delivered to LSTAR Capital
Finance, Inc., a Delaware
corporation ("Original
Lender"), that certain Deed
to Secure Debt and Security
Agreement and UCC Fixture
Filing (the "Security Deed"),
made as of March 5, 2015,
filed March 9, 2015 in Deed
Book 1143, beginning at
Page 455, with the Clerk of
the Superior Court of Dawson
County, Georgia (the "Dawson
County Records"), as assigned
by Original Lender to Relius
II, LLC, a Delaware limited
liability company ("First
Interim Holder"), pursuant to
that certain Assignment of
Security Instruments, effective
asofMarch 9,2015,filed March
17, 2015 in Deed Book 1144,
beginning at Page 466, in the
Dawson County Records, as
further assigned, transferred,
set over and conveyed by First
Interim Holder to Relius Loan
Seller, LLC, a Delaware limited
liability company ("Second
Interim Holder"), pursuant
to that certain Assignment
of Deed to Secure Debt and
Security Agreement and UCC
Fixture Filing, effective as of
June 1,2015,filed July 20,2015
in Deed Book 1160, beginning
at Page 581, in the Dawson
County Records, and as further
assigned, transferred, set over
and conveyed by Second
Interim Holder to Wilmington
Trust, National Association,
as Trustee for the registered
holders of LSTAR Commercial
Mortgage Trust 2015-3,
Commercial Mortgage Pass-
Through Certificates, Series
2015-3 ("Holder"), pursuant
to that certain Assignment
of Deed to Secure Debt and
Security Agreement and
UCC Fixture Filing, effective
as of June 1, 2015, filed July
20, 2015 in Deed Book 1160,
beginning at Page 587, in the
Dawson County Records (said
Security Deed, as so assigned,
being hereinafter called the
"Security Instrument"); and
WHEREAS, under and
pursuant to the Security
Instrument, Borrower
did thereby irrevocably
grant, bargain, sell, pledge,
assign, warrant, transfer
and convey to and grant a
security interest to Holder (as
subsequent successor and
assign of Original Lender) and
its successors and assigns,
WITH POWER OF SALE, in the
following property, rights,
interests and estates then
owned, or thereafter acquired
by Borrower (collectively, the
"Property"):
(a) Land. The real property
more particularly described as
follows (the "Land"):
TRACT 1 (Fee Parcel):
All that tract or parcel of land
lying and being in Land Lots
282 and 315 of the South
Half of the South Half of the
13th District, Dawson County,
Georgia and being more
particularly described as
follows:
To find the True Point of
Beginning commence at
a concrete right-of-way
monument at the intersection
of the easterly right-of-way of
Georgia Highway 53 (Right-of-
Way varies) and the southerly
mitered corner of Georgia
Highway 400 (160 foot
Right-of-Way); thence along
the easterly right-of-way of
Georgia 53 South 41 degrees
54 minutes 53 seconds East
a distance of 128.30 feet to
a point and the True Point of
Beginning; thence leaving
said point and right-of-way
North 48 degrees 01 minute
19 seconds East a distance of
50.14 feet to a point; thence
along a curve to the right an
arc distance of 68.28 feet to a
point, said arc having a radius
of 514.99 feet and a chord
which bears North 51 degrees
56 minutes 04 seconds East a
chord distance of 68.23 feet;
thence North 55 degrees 50
minutes 48 seconds East a
distance of 52.44 feet to a
point; thence along a curve
to the left an arc distance of
101.63 feet to a point, said
arc having a radius of 507.10
feet and a chord which bears
North 50 degrees 01 minute
25 seconds East a distance
of 101.46 feet; thence North
45 degrees 47 minutes 59
seconds West a distance of
138.68 feet to a point; thence
North 89 degrees 09 minutes
52 seconds West a distance of
14.65 feet to a point; thence
North 42 degrees 07 minutes
48 seconds East a distance of
224.01 feet to a point; thence
South 49 degrees 04 minutes
11 seconds East a distance of
47.73 feet to a point; thence
North 40 degrees 38 minutes
38 seconds East a distance of
112.70 feet to a point; thence
South 76 degrees 47 minutes
54 seconds East a distance of
173.00 feet to a point; thence
North 79 degrees 46 minutes
48 seconds East a distance of
45.50 feet to a point; thence
South 76 degrees 40 minutes
43 seconds East a distance of
350.00 feet to a point; thence
South 00 degrees 12 minutes
07 seconds West a distance of
456.30 feet to a point; thence
North 89 degrees 47 minutes
54 seconds West a distance of
362.51 feet to a point; thence
South 48 degrees 05 minutes
07 seconds West a distance
of 342.63 feet to a point;
thence North 89 degrees 48
minutes 22 seconds West a
distance of 96.53 feet to a
point on the right-of-way of
Georgia Highway 53; thence
along said right-of-way North
41 degrees 52 minutes 47
seconds West a distance of
37.85 feet to a point; thence
North 47 degrees 26 minutes
10 seconds East a distance of
70.00 feet to a point; thence
North 41 degrees 54 minutes
53 seconds West a distance of
255.52 feet to a point; thence
South 46 degrees 43 minutes
06 seconds West a distance of
10.00 feet to a point; thence
North 41 degrees 54 minutes
53 seconds West a distance of
66.31 feet to a point and the
True Point of Beginning;
Less and Except that certain
tract of land conveyed to
Department of Transportation
by Declaration ofTaking styled
Department of Transportation
vs. Edens & Avant Financing
11 Limited Partnership, et al,
Superior Court of Dawson
County Docket No. 2014-CV-
361-B, dated July 10, 2014,
filed September 10, 2014, and
recorded in Deed Book 1125,
Page 130, Dawson County,
Georgia records;
TRACT 1 also being described
as (Overall Parcel):
All that tract or parcel of land
lying and being in Land Lots
282 and 315 of the South
Half of the South Half of the
13th District, Dawson County,
Georgia and being more
particularly described as
follows:
To find the True Point of
Beginning commence at
a concrete right-of-way
monument at the intersection
ofthe easterly right-of-way of
Georgia Highway 53 (Right-of-
Way varies) and the southerly
mitered corner of Georgia
Highway 400 (160 foot
Right-of-Way); thence along
the easterly right-of-way of
Georgia 53 South 41 degrees
54 minutes 53 seconds East
a distance of 128.30 feet to
a point and the True Point of
Beginning; thence leaving
said point and right-of-way
North 48 degrees 01 minute
19 seconds East a distance of
50.14 feet to a point; thence
along a curve to the right an
arc distance of 68.28 feet to a
point, said arc having a radius
of 514.99 feet and a chord
which bears North 51 degrees
56 minutes 04 seconds East a
chord distance of 68.23 feet;
thence North 55 degrees 50
minutes 48 seconds East a
distance of 52.44 feet to a
point; thence along a curve
to the left an arc distance of
101.63 feet to a point, said
arc having a radius of 507.10
feet and a chord which bears
North 50 degrees 01 minute
25 seconds East a distance
of 101.46 feet; thence North
45 degrees 47 minutes 59
seconds West a distance of
138.68 feet to a point; thence
North 89 degrees 09 minutes
52 seconds West a distance
of 14.65 feet to a point;
thence North 42 degrees 19
minutes 11 seconds East a
distance of 223.88 feet to a
1/2 inch rebar found; thence
South 49 degrees 08 minutes
46 seconds East a distance
of 47.66 feet to a 1/2 inch
rebar found; thence North
40 degrees 44 minutes 21
seconds East a distance of
112.57 feet to a 1/2 inch
rebar found; thence South
76 degrees 59 minutes 31
seconds East a distance of
172.34 feet to an iron pin set;
thence North 79 degrees 46
minutes 48 seconds East a
distance of 45.50 feet to an
iron pin set; thence South
76 degrees 26 minutes 15
seconds East a distance of
350.45 feet to a 1/2 inch
rebar found along land lot
line common to Land Lots
282 and 281; thence along
said land lot line and on
with land lot line common
to Land Lots 315 and 316
South 00 degrees 12 minutes
54 seconds West a distance
of 454.76 feet to an iron pin
set; thence leaving said Land
Lot line North 89 degrees 57
minutes 41 seconds West a
distance of 363.18 feet to a
1/2 inch rebar found; thence
South 48 degrees 08 minutes
22 seconds West a distance
of 341.44 feet to an iron pin
set; thence North 89 degrees
48 minutes 22 seconds West
a distance of 61.75 feet to an
iron pin set on the right-of-
way of Georgia Highway 53;
thence along said right-of-way
North 42 degrees 06 minutes
34 seconds West a distance of
14.44 feet to a point; thence
North 11 degrees 47 minutes
06 seconds West a distance of
54.73 feet to a point; thence
North 47 degrees 26 minutes
10 seconds East a distance of
16.80 feet to a point; thence
North 41 degrees 54 minutes
53 seconds West a distance of
255.52 feet to a point; thence
South 46 degrees 43 minutes
06 seconds West a distance of
10.00 feet to a point; thence
North 41 degrees 54 minutes
53 seconds West a distance of
66.31 feet to a point and the
True Point of Beginning;
TRACT II - EASEMENT PARCELS:
TOGETHER WITH EASEMENT
RIGHTS AND REAL PROPERTY
INTERESTS BENEFITING THE
INSURED FEE PROPERTY,
CONTAINED IN THE
FOLLOWING:
A. Easement and Restrictive
Covenant Agreement by and
between WB Dawsonville
Associates, LLC and Cutchin
Company, LLC dated
November 27, 1996, filed
December 3, 1996 and
recorded at Deed Book 229,
Page 574, aforesaid records, as
amended by First Amendment
between WB Dawsonville
Associates, LLC and Cutchin
Company, dated January
20, 1998, filed January 22,
1998 and recorded at Deed
Book 260, Page 255, Dawson
County, Georgia Records;
B. Access, Drainage and Sewer
Easement Agreement by and
between WB Dawsonville
Associates, LLC and Chestatee
Capital, LLC, dated November
27, 1996, filed December 3,
1996 and recorded at Deed
Book 229, Page 598, aforesaid
records; and
C. Agreement by and between
Cutchin Company, LLC and WB
Dawsonville Associates, LLC,
dated November 27, 1996,
filed December 3, 1996, and
recorded in Deed Book 229,
Page 655, aforesaid records;
Dawson County Map Code:
113 041 001
(b) Additional Land. All
additional lands, estates and
development rights thereafter
acquired by Borrower for use
in connection with the Land
and the development of the
Land and all additional lands
and estates therein which
may, from time to time, by
supplemental mortgage or
otherwise be expressly made
subject to the lien of this
Security Instrument;
(c) Improvements. The
buildings, structures, fixtures,
additions, enlargements,
extensions, modifications,
repairs, replacements
and improvements then
or thereafter erected or
located on the Land (the
"Improvements");
(d) Easements. All easements,
rights-of-way or use,
rights, strips and gores of
land, streets, ways, alleys,
passages, sewer rights, water,
water courses, water rights
and powers, air rights and
development rights, and all
estates, rights, titles, interests,
privileges, liberties, servitudes,
tenements, hereditaments
and appurtenances of any
nature whatsoever, in any way
then or thereafter belonging,
relating or pertaining to the
Land and the Improvements
and the reversion and
reversions, remainder and
remainders, and all land
lying in the bed of any street,
road or avenue, opened
or proposed, in front of or
adjoining the Land, to the
center line thereof and all the
estates, rights, titles, interests,
dower and rights of dower,
curtesy and rights of curtesy,
property, possession, claim
and demand whatsoever,
both at law and in equity, of
Borrower of, in and to the Land
and the Improvements and
every part and parcel thereof,
with the appurtenances
thereto;
(e) Fixtures and Personal
Property. All machinery,
equipment,fixtures (including,
but not limited to, all heating,
air conditioning, plumbing,
lighting, communications and
elevator fixtures, inventory
and goods) and other
property of every kind and
nature whatsoever owned
by Borrower, or in which
Borrower then or thereafter
had an interest, then or
thereafter located upon the
Land and the Improvements,
or appurtenant thereto, and
usable in connection with the
present or future operation
and occupancy of the Land
and the Improvements and
all building equipment,
materials and supplies of any
nature whatsoever owned
by Borrower, or in which
Borrower then or thereafter
had an interest, then or
thereafter located upon the
Land and the Improvements,
or appurtenant thereto, or
usable in connection with the
present or future operation
and occupancy of the Land
and the Improvements
(collectively, the "Personal
Property"), and the right, title
and interest of Borrower in
and to any of the Personal
Property which may be
subject to any security
interests, as defined in the
Uniform Commercial Code,
as adopted and enacted by
the State or States where any
ofthe Property is located (the
"Uniform Commercial Code"),
superior in lien to the lien of
this Security Instrument and
all proceeds and products of
the above;
(f) Leases and Rents.
All existing and future
leases, subleases and/
or subsubleases, lettings,
licenses, concessions or other
agreements, whether or not
in writing, affecting the use,
enjoyment or occupancy of
all or any part the Land and/or
the Improvements theretofore
or thereafter entered into and
all extensions, amendments
and modifications thereto,
and every guarantee of the
performance and observance
of the covenants, conditions
and agreements to be
performed and observed by
the other party thereto, and
the right, title and interest
of Borrower, its successors
and assigns, therein, whether
before or after the filing
by or against Borrower of
any petition for relief under
Title 11 U.S.C.A. § 101 et
seq. and the regulations
adopted and promulgated
thereto (as the same may be
amended from time to time,
the "Bankruptcy Code") (the
"Leases") and all right, title
and interest of Borrower,
its successors and assigns
therein and thereunder,
including, without limitation,
any guaranties of the lessees'
obligations thereunder,
cash or securities deposited
thereunder to secure the
performance by the lessees of
their obligations thereunder
and all rents, additional rents,
payments in connection with
any termination, cancellation
or surrender of any Lease,
revenues, issues and profits
(including all oil and gas or
other mineral royalties and
bonuses) from the Land and/
or the Improvements whether
paid or accruing before or
after the filing by or against
Borrower of any petition for
relief under the Bankruptcy
Code and all proceeds from
the sale or other disposition
ofthe Leases (the"Rents") and
the right to receive and apply
the Rents to the payment of
the Debt (as defined in that
certain Loan Agreement dated
as of March 5, 2015 between
Borrower and Original Lender
[the"Loan Agreement"]);
(g) Condemnation Awards.
All awards or payments,
including interest thereon,
which may have theretofore
and thereafter been made
with respect to the Property,
whether from the exercise of
the right of eminent domain
(including but not limited to
any transfer made in lieu of or
in anticipation ofthe exercise
ofthe right), or for a change of
grade, or for any other injury
to or decrease in the value of
the Property;
(h) Insurance Proceeds. All
proceeds of and any unearned
premiums on any insurance
policies covering the Property,
including, without limitation,
the right to receive and apply
the proceeds of any insurance,
judgments, or settlements
made in lieu thereof; for
damage to the Property;
(i) Tax Certiorari. All refunds,
rebates or credits in
connection with a reduction
in real estate taxes and
assessments charged against
the Property as a result of tax
certiorari or any applications
or proceedings for reduction;
(j) Conversion. All proceeds
of the conversion, voluntary
or involuntary, of any of the
foregoing including, without
limitation, proceeds of
insurance and condemnation
awards, into cash or
liquidation claims;
(k) Rights. The right, in
the name and on behalf
of Borrower, to appear in
and defend any action or
proceeding brought with
respect to the Property and
to commence any action
or proceeding to protect
the interest of Holder in the
Property;
(l) Agreements. All
agreements, contracts,
certificates, instruments,
franchises, permits, licenses,
plans, specifications and
other documents, then or
thereafter entered into, and
all rights therein and thereto,
respecting or pertaining to the
use, occupation, construction,
management or operation of
the Land and any part thereof
and any Improvements or
respecting any business or
activity conducted on the
Land and any part thereof
and all right, title and
interest of Borrower therein
and thereunder, including,
without limitation, the right,
upon the happening of any
default thereunder, to receive
and collect any sums payable
to Borrower thereunder;
(m) Intangibles. All trade
names, trademarks,
servicemarks, logos,
copyrights, goodwill, books
and records and all other
general intangibles relating to
or used in connection with the
operation ofthe Property;
(n) Accounts. All Accounts,
Account Collateral (each
as defined in the Loan
Agreement), reserves,
escrows and deposit accounts
maintained by Borrower
with respect to the Property
including, without limitation,
the Lockbox Account and the
Cash Management Account
(each as defined in the Loan
Agreement), and all complete
securities, investments,
property and financial assets
held therein from time to time
and all proceeds, products,
distributions or dividends or
substitutions thereon and
thereof;
(o) Causes of Action. All
causes of action and claims
(including, without limitation,
all causes of action or claims
arising in tort, by contract,
by fraud or by concealment
of material fact) against any
Person (as defined in the Loan
Agreement) for damages
or injury to the Property
or in connection with any
transactionsfinanced in whole
or in part by the proceeds
of the Loan (as hereinafter
defined); and
(p) Other Rights. Any and all
other rights of Borrower in
and to the items set forth in
subsections (a) through (o)
above.
WHEREAS, the Security
Instrument secures, in part,
that certain loan (the "Loan")
to Borrower made by Original
Lender, as evidenced by that
certain Promissory Note
(Mortgage Loan), (the "Note"),
dated as of March 5, 2015 in
the original principal amount
of $10,795,000.00, executed
by Borrower and payable to
the order of Original Lender, as
such Note was subsequently
endorsed and assigned to
Holder; and
WHEREAS, defaults and
Events of Default (as defined
in the Loan Agreement) have
occurred under the Note, the
Security Instrument, the Loan
Agreement and the other Loan
Documents (as defined in
