cm k
10B | dawsonnews.com | DAWSON COUNTY NEWS
Wednesday, July 17,2019
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, orthereafter 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
of Taking styled Department
of Transportation vs. Edens
& Avant Financing II Limited
Partnership, et a I, 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 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 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 BENEFITTING 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
of the 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 of the
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 of the exercise
of the 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 of the 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 transactions
financed 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 the Security
Instrument) and are
continuing, specifically
including, without limitation,
the failure of Borrower to
pay the payments due under
the Note and the other Loan
Documents on the dates on
which such payments were
due; and
WHEREAS, by reason of
such defaults and Events
of Default, the Maturity
Date (as defined in the Loan
Agreement) has been, and
is hereby, accelerated and
the entire Debt declared
immediately due and
payable in its entirety, and
the Security Instrument has
become, is, and is hereby
subject to foreclosure as
provided by law, the Note,
the Loan Agreement, and the
Security Instrument; and
WHEREAS, prior to the
consummation of the
exercise of the power
of sale contained in the
Security Instrument and
the consummation of the
foreclosure sale of the
Property, any and all funds,
cash, letters of credit and
other sums, if any, held by
Holder for or on behalf of
Borrower, in the Accounts, or
in any other escrow, any other
reserve or in other accounts
established under the Note,
the Loan Agreement, the
Security Instrument and/or
any other Loan Document,
for payment of taxes,
assessments and other
similar charges levied against
the Property, insurance,
capital improvements,
replacements, tenant
improvements, leasing
commissions or otherwise
(collectively, the "Funds")
have been or shall be
applied by Holder toward
payment of the Debt, to the
extent provided in the Note,
the Loan Agreement, the
Security Instrument and the
other Loan Documents.
NOW,THEREFORE, under and
pursuant to the power of sale
contained in the Security
Instrument and according
to the terms of the Security
Instrument and the laws
in such cases made and
provided, Holder will expose
the Property (less and except
the Funds) for sale, at public
sale to the highest bidder,
for cash on that certain first
Tuesday in August, 2019,
being August 6, 2019, during
the legal hours for sale,
before the courthouse door
in Dawson County, Georgia.
The Property (less and except
the Funds) will be sold
subject to the following:
1. All outstanding taxes
and assessments, and any
additional taxes which result
from a reassessment of the
Property;
2. Rights and obligations
of parties in possession,
as tenants only, under
unrecorded leases or
agreements without rights
of first refusal or options to
purchase;
3. Easements, maintenance
rights, release of damages,
and the rights to extract sand,
clay, or topsoil as contained
in Right of Way Deed from
ME. Hendrix, J.A. Hendrix
to State Highway Board of
Georgia, dated November
4. 1927, filed April 19, 1928
in Deed Book S, Page 23,
Dawson County Records;
4. Easements, maintenance
rights, release of damages,
and the right to extract sand,
clay, or topsoil as contained
in Right of Way Deed from
M.E. & J.A. Hendrix to State
Highway Board of Georgia,
dated April 18, 1928, filed
April 25, 1928 in Deed Book
5, Page 47, Dawson County
Records;
5. Right-of-Way Easement
from Angie Hendrix to
Sawnee Electric Membership
Corporation, a corporation,
filed May 17, 1961 in Deed
Book 1, Page 71, Dawson
County Records;
6. Right-of-Way Easement
from Harold M. Hendrix to
Sawnee Electric Membership,
dated March 27, 1998, filed
April 20, 1978 in Deed Book
43, Page 677, Dawson County
Records;
7. Right-of-Way Easement
from H.M. Hendrix to
Sawnee Electric Membership
Corporation, a corporation,
filed June 17, 1985 in Deed
Book 81, Page 157, Dawson
County Records;
8. Right-of-Way Easement
from H.M. Hendrix to
Sawnee Electric Membership
Corporation, a corporation,
dated August 28, 1985, filed
September 9, 1985 in Deed
Book 82, Page 696, Dawson
County Records;
9. Right-of-Way Easement
from H.M. Hendrix to
Sawnee Electric Membership
Corporation, a corporation,
dated May 13, 1967, filed
May 29, 1967 in Deed Book
6, Page 357, Dawson County
Records;
10. Right-of-Way Easement
from H.M. Hendrix to
Sawnee Electric Membership
Corporation, a corporation,
dated March 27, 1972, filed
May 4, 1972 in Deed Book
18, Page 10, Dawson County
Records;
11. Right-of-Way Easement
from Cutchin Co. LLC to
Sawnee Electric Membership
Corporation, dated
November 9, 1998, filed
January 20, 1999 in Deed
Book 296, Page 177, Dawson
County Records;
12. Conveyance of access
rights as contained in
that certain Right of Way
Deed from Harold M.
Hendrix & Mrs. Leon R.
Hendrix to Department of
Transportation, dated July
28, 1977, and filed in Deed
Book 41, Page 206, Dawson
County Records;
13. Terms and provisions
of that certain Easement
Agreement, by and between
Cutchin Company, LLC
and PHH Investments,
dated October 6, 1995,
filed October 12, 1995 in
Deed Book 206, Page 404,
Dawson County Records; as
amended by that certain First
Amendment to Easement
Agreement by and among
Cutchin Company, LLC, WB
Dawsonville Associates, LLC,
and PHH Investments, dated
November 27, 1996, filed
December 3, 1996 in Deed
Book 229, Page 564, Dawson
County Records;
14. Terms, Restrictions and
provisions, but excluding
Section 4.4, of that certain
Easement and Restrictive
Covenant Agreement,
by and between WB
Dawsonville Associates, LLC
and Cutchin Company, LLC,
dated November 27, 1996,
filed December 3, 1996 in
Deed Book 229, Page 574,
Dawson County Records; as
amended by that certain First
Amendment, dated January
20, 1998, filed January 22,
1998 in Deed Book 260, Page
255, Dawson County Records;
as affected by Memorandum
of Option filed December
3, 1996 in Deed Book 229,
Page 664, Dawson County
Records, and as affected by
Affidavit (terminating said
Option) filed September 13,
2002 in Deed Book 463, Page
4, Dawson County Records;
15. Terms and provisions of
that certain Utility Easement,
by and between Cutchin
Company, LLC, Highsmith
Marks Company, LLC, WB
Dawsonville Associates, LLC,
and Etowah Water and Sewer
Authority, dated December
13, 1996, filed December 17,
1996 in Deed Book 231, Page
67, Dawson County Records;
16. Terms and provisions of
that certain 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
in Deed Book 229, Page 598,
Dawson County Records;
17. Terms and provisions
of that certain Agreement,
by and between Cutchin
Company, LLC and WB
Dawsonville Associates, LLC,
dated November 27, 1996,
filed December 3, 1996 in
Deed Book 229, Page 655,
Dawson County Records;
18. Terms and provisions of
that certain Access Easement
Agreement, by and between
WB Dawsonville Associates,
LLC and Department of
Transportation, State of
Georgia, dated November
27,1996, filed March 16,1998
in Deed Book 264, Page 495,
Dawson County Records;
19. Easement Agreement
from WB Dawsonville
Associates, LLC to Atlanta
Gas Light Company, dated
September 6, 2002, filed
September 9, 2002 in Deed
Book 463, Page 7, Dawson
County Records;
20. Easements conveyed
to Department of
Transportation by Declaration
of Taking styled Department
of Transportation vs. Edens
& Avant Financing II Limited
Partnership, et al, Superior
Court of Dawson County
Docket No. 2014-CV-361-B,
dated July 10, 2014, filed
September 10, 2014 in Deed
Book 1125, Page 130, Dawson
County Records;
21. Any facts, rights, interests
or claims that may exist
or arise by reason of the
following matters disclosed
by an ALTA/ACSM survey
made by Grant Shepherd &
Associates, Inc. on January
6, 2015, last revised March
3, 2015, designated Job
Number 14-12-0420:
(A) Gas lines along the
northerly, northwesterly,
southerly and southeasterly
sides of the Property do
not appear to fall within
an easement; (B) SS on the
southeasterly and easterly
sides of the Property does
not appear to fall within an
easement; (C) Overhead
electric on the southerly
side of the Property does
not appear to fall within
an easement; (D) Water
easement and gas line (no
apparent easement) along
the western portion of the
Property;
22. All valid zoning
ordinances; and
23. All other, if any,
easements, limitations,
reservations, covenants,
restrictions, deeds to
secure debt, liens and other
encumbrances and matters
of public records to which the
Security Instrument is junior
and subordinate in terms of
priority under the laws of the
State of Georgia.
The Debt remaining in
default 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 Security
Instrument will be made
for the purpose of applying
the proceeds thereof, as
provided for in the Security
Instrument and pursuant to
applicable law.
The Property (less and except
the Funds) will be sold on an
"as is, where is" basis without
recourse against Holder
and without representation
or warranty of any kind or
nature whatsoever with
respect thereto, with no
assurance afforded as to the
exact acreage of the Land.
