About Dawson County news. (Dawsonville, Georgia) 2015-current | View Entire Issue (May 22, 2019)
cm k 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
