Newspaper Page Text
Page 18 — Wednesday, October 5, 2011, TheTrue Citizen
Legal Advertising
Said property is commonly known as 160
Nancy Lane, Blythe, GA 30805 together
with all fixtures and personal property attached
to and constituting a part of said property, if any.
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property is (are):
Thomas Dale Lemacks or tenant or tenants.
Said property will be sold subject to: (a) any
outstanding ad valorem taxes (including taxes
which are a lien, but not yet due and payable),
(b) the right of redemption of any taxing
authority, (c) any matters which might be
disclosed by an accurate survey and inspection
of the property, and (d) any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of record
superior to the Security Deed first set out above.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code; and (2) final
confirmation and audit of the status of the loan
with the holder of the Security Deed. Pursuant
to O.C.G.A. Section 9-13-172.1, which allows
for certain procedures regarding the rescission
of judicial and non-judicial sales in the State of
Georgia, the Deed Under Power and other
foreclosure documents may not be provided
until final confirmation and audit of the status
of the loan as provided immediately above.
First American Mortgage Trust, Inc. as
agent and Attorney in Fact for Thomas Dale
Lemacks
Aldridge Connors, LLP, 780 Johnson Ferry
Road, NE, Suite 600, Atlanta, Georgia 30342,
(678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE. 1072-274
Oct. 5,12,19,26
gpn 11
-864-
STATE OF GEORGIA
COUNTY OF BURKE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the
indebtedness secured by a Security Deed
executed by Russell G. Paige to Mortgage
Electronic Registration Systems, Inc. as
nominee for Professional Lending LLC dated
May 21, 2007, and recorded in Deed Book
653, Page 89, Burke County Records, said
Security Deed having been last sold, assigned,
transferred and conveyed to BAC Home
Loans Servicing, LP fka Countrywide Home
Loans Servicing, LP by Assignment, securing
a Note in the original principal amount of
$142,623.00, the holder thereof pursuant to
said Deed and Note thereby secured has
declared the entire amount of said
indebtedness due and payable and, pursuant
to the power of sale contained in said Deed,
will on the first Tuesday, November 1, 2011,
during the legal hours of sale, before the
Courthouse door in said County, sell at public
outcry to the highest bidder for cash, the
property described in said Deed, to-wit:
ALL that lot or parcel of land with
improvements thereon, situate, lying and
being in the 67th G.M.D., State of Georgia,
County of Burke, being shown and designated
as Lot 1, of Section One, Lake Crystal, Inc.,
containing 1.87 acres, more or less, on a plat
prepared by B. J. Bolender, Jr., R.P.L.S., PC.
dated July 4,1984, and recorded in the Office
of the Clerk of the Superior Court of Burke
County, Georgia, in File for Plats: No. A-4519;
reference being made to said plat for a more
complete and accurate description as to the
metes, bounds and location of said property.
Said property is hereby conveyed subject
to Protective Covenants recorded in Deed
Book 141, page 768, and to all easements,
reservations and restrictions of record in the
aforesaid Clerk’s Office, and as shown on the
record plat.
ALL INTEREST conveyed in this Deed
shall also include all rights, title and interest in
that certain make and year mobile home
described as a 1995 Harley Davidson-4603U
Mobile Home, Serial Number:
GAFLR54AB75017HS, and declares that the
above described Mobile Home will remain
permanently affixed to the property and will
be treated as a fixture. Owner also declares
that the wheels, axles and hitches have been
removed and that the Mobile Home is
connected to the utilities. Owner intends that
the Mobile Home lose its nature as personal
property and become real property. In
addition, borrower declares that the Mobile
Home has been assessed as real property for
ad valorem taxes. Said Mobile Home shall be
hereafter considered a permanent fixture on
the realty, and henceforth title to said Mobile
Home shall be considered as merged with
title to the realty.
Said property is known as 628 Walnut
Street, Waynesboro, GA 30830, together with
all fixtures and personal property attached to
and constituting a part of said property if any.
Said property will be sold subject to any
outstanding ad valorem taxes (including taxes
which are a lien, whether or not now due and
payable), the right of redemption of any taxing
authority, 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.
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 of the status of the
loan with the holder of the security deed.
Notice has been given of intention to collect
attorney’s fees in accordance with the terms of
the Note secured by said Deed.
Said property will be sold as the property of
Russell G. Paige, the property, to the best
information, knowledge and belief of the
undersigned, being presently in the possession
of Russell G. Paige and Darlene Wright-
Paige, and the proceeds of said sale will be
applied to the payment of said indebtedness
and all the expenses of said sale, including
attorney's fees, all as provided in said Deed,
and the balance, if any, will be distributed as
provided by law.
BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP
as Attorney-in-Fact for Russell G. Paige
his successor in title being
Russell G. Paige and Darlene Wright-Paige
File no. 09-016711
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke
Building, Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT
COLLECTOR. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
[FC-NOS]
Oct. 5,12,19,26c
gpn 11
-866-
NOTICE OF SALE UNDER POWER
GEORGIA, BURKE COUNTY
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING 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
Cameron D. Grunewald and Donna Marie
Grunewald to Mortgage Electronic
Registration Systems, Inc., dated June 19,
2008, recorded in Deed Book 706, Page 229,
Burke County, Georgia Records, as last
transferred to BAC Home Loans Servicing, LP
FKA Countrywide Home Loans Servicing, LP
by assignment recorded in Deed Book 761,
Page 83, Burke County, Georgia
Records,conveying the after-described
property to secure a Note in the original
principal amount of ONE HUNDRED
ELEVEN THOUSAND SIX HUNDRED
FIFTY AND 0/100 DOLLARS ($111,650.00),
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
Burke County, Georgia within the legal hours
of sale on the first Tuesday in November, 2011,
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 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. The entity that has full
authority to negotiate, amend, and modify all
terms of the mortgage with the debtor is: Bank
of America, N.A., 177 Countrywide Way, Mail
Stop: CAO-911 -01 -05, Lancaster, CA 93536,
(661) 951-5100. Please understand that the
secured creditor is not required by law to
negotiate, amend, or modify the terms of the
mortgage instrument.
To the best knowledge and belief of the
undersigned, the party in possession of the
property is Cameron D. Grunewald and
Donna M. Grunewald or a tenant or tenants
and said property is more commonly known
as 10236 GA Hwy 23 South, Girard, Georgia
30426.
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 of the status of the
loan with the holder of the security deed. Bank
of America, N .A., successor by merger to BAC
Home Loans Servicing, LP, formerly known
as Countrywide Home Loans Servicing, LP
as Attorney in Fact for Cameron D.
Grunewald and Donna Marie Grunewald
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jec 11/1/11 Our file no. 53522109-FT11
EXHIBIT “A” All that lot or parcel of land, with
improvements thereon, situate, lying and
being in the 68th G.M.D., Town of Girard,
containing 3 acres, more or less, bounded now
or formerly as follows: on the north by lands of
L.S. Royal and lands of J.R. Odom; on the east
by a public road known as Savannah-Augusta
public road and being the main street in the
Town of Girard; on the south by lands of the
estate of Charles Brigham conveyed to
Charles C. Brigham, Thomas D. Brigham,
John C. Brigham and Walter W. Brigham; and
on the west by lands of Evans Heyman’s Estate
and lands of J.R. Odom. Said property is more
fully accurately shown on a plat of property
surveyed for Betty Jones by Warren E.
Poythress dated July 5,1994, copy of said plat
being recorded in said Clerk’s Office in file for
Plats A-7232, reference being made to said
plat for a more complete and accurate
description as to the metes, bounds and
location of said property. This conveyance also
secures future advances and all other present
or future indebtedness of grantor to grantee,
whether direct, indirect or contingent, together
with all extensions or renewals thereon, which
extensions and renewals shall be at the sole
option of the grantee. This instrument
establishes a perpetual or indefinite security
interest in the property hereby conveyed, this
being as authorized by the provisions of
O.C.G.A. Section 44-14-80(a) as amended.
MR/jec 11/1/11 Our file no. 53522109 - FT11
Oct. 5,12,19,26c
gpn 11
-868
STATE OF GEORGIA
COUNTY OF Burke
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the
indebtedness secured by that certain Security
Deed, dated April 12, 2002, executed by
Horace McGee to Mortgage Electronic
Registration Systems, Inc. as nominee for
Home America Mortgage, Inc., recorded in
Deed Book 379, Page 123, Burke County,
Georgia Deed Records, and securing a Note
in the original principal amount of $55,500.00,
said Security Deed last having been assigned
to Ocwen Loan Servicing, LLC, the current
holder thereof, has declared the entire amount
of said indebtedness evidenced by the Note
immediately due and payable and, pursuant
to the power of sale contained in said Security
Deed, will, on the first Tuesday in November,
2011, to-wit: November 1, 2011, during the
legal hours of sale, before the Burke County
Courthouse door, sell at public outcry to the
highest bidder for cash, the following
described real property:
All that tract, lot or parcel of land, situate,
lying and being in the 72nd GMD of Burke
County, Georgia, consisting of 1.50 acres and
being known and designated as Lot 12, Phase
IV of Newton Estates as shown on a plat
prepared by Steve Bargeron & Associates,
dated December 6,2000 and recorded in the
Office of the Clerk of the Superior of Burke
County, Georgia in File for Plats No. A-8798.
Reference is hereby made to said plat for a
more particular description as to metes,
bounds and location of said property.
The aforedescribed real property is also
known as 435 College Avenue N,
Waynesboro, GA 30830, according to the
present system of numbering houses in Burke
County, Georgia.
694177v1
007819-002676
This 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 as to the amount
and status of the loan with the holder of the
Security Deed, including but not limited to, a
determination that the borrower has not
reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to
any outstanding ad valorem taxes (including
taxes which are a lien, but not yet due and
payable), the right of redemption of any taxing
authority, any matters which might be
disclosed by an accurate survey and inspection
of the real property any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of record
superior to the Security Deed first set out above.
Upon information and belief, said real
property is presently in the possession or
control of Horace McGee and the proceeds of
said sale will be applied to the payment of said
indebtedness and all the expenses of said sale,
including attorney’s fees, all as provided in said
Security Deed and the excess proceeds, if any,
will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC
as Attorney-in-Fact for
HORACE MCGEE
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM MAY BE ATTEMPTING
TO COLLECT A DEBT ON BEHALF OF
THE ABOVE-REFERENCED LENDER
AND ANY INFORMATION WILL BE USED
FOR THAT PURPOSE.
Oct. 5,12,19,26 c
gpn 11
-867-
EXHIBIT “A”
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF BURKE.
Under and by virtue of the Power of Sale
contained in Deed to Secure Debt given by
Robert Belanger and Rhonda Belanger to
American Farm Properties, Inc., dated
December 11,2008, as recorded in the Office
of the Clerk of Superior Court of Burke County,
Georgia, in Deed Book 738, at page 264, in
the original principal amount of $21,100.00,
which conveys the after-described property to
secure a Promissory Note with interest at the
rate specified therein there will be sold by the
undersigned at public outcry to the highest
bidder for cash before the Courthouse door of
Burke County, Georgia, within the legal hours
of sale on the first Tuesday in November, 2011,
to wit: November 1, 2011, the following
described property:
All that tract or parcel of land and all
improvements thereon, lying and being in
Burke County, Georgia; Farm #35 in Keysville
Farms Subdivision as shown on Plat Book B-
140, Clerk’s Office, Burke County Superior
Court, to which reference is hereby made for
a more complete description and containing
4.57 acres.
Being the same property conveyed to
Robert Belanger and Rhonda Belanger by
deed from American Farm Properties, Inc.
dated December 11,2008, recorded in said
Clerk's Office in Deed Book 738, at page 263.
Said property is conveyed subject to any
and all easements and restrictions of record.
The debt secured by said Deed to Secure
Debt 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 Deed to Secure Debt. 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 Deed
to Secure Debt and by law, including attorney’s
fees (notice of intent to collect attorney's fees
having been given).
The individual or entity that has full authority
to negotiate, amend and modify all terms of
this deed with the debtor is: American Farm
Properties, Inc., Post Office Box 788,104 East
College Avenue, Holly Springs, MS 38635,
662-252-4592. Please understand that the
secured creditor is not required to negotiate,
amend or modify the terms of the security
instrument.
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property known as
Lot 35 of Keysville Farms, 439 Bent Knee
Road, Keysville, Georgia 30816 is: Robert
Belanger and Rhonda Belanger, tenant or
tenants.
Said property will be sold subject to (a) any
outstanding ad valorem taxes (including taxes
which are a lien, but not yet due and payable),
(b) any matters which might be disclosed by
an accurate survey and inspection of the
property, and (c) all matters of record superior
to the Deeds to Secure Debt first set out above,
including, but not limited to, assessments,
liens, encumbrances, zoning ordinances,
easements, restrictions, covenants, etc.
American Farm Properties, Inc.
As Attorney in Fact for
Robert Belanger and Rhonda Belanger
Tyler C. Mahaffey
Attorney for American Farm Properties, Inc.
603 Liberty Street
Waynesboro, Georgia 30830
(706) 554-7206
(706) 547-4090
This law firm is acting as a debt collector
attempting to collect a debt. Any information
obtained will be used for that purpose.
Oct. 5,12,19,26c
gpn 11
-865-
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF Burke
Under and by virtue of the power of sale in
that certain Deed to Secure Debt, Assignment
of Leases and Rents and Security Agreement
from JER/Jameson Properties LLC
(“Borrower”), in favor of Wachovia Bank,
National Association (“Original Lender”) dated
July 27, 2006, recorded in Deed Book 610,
Page 131, as assigned to LaSalle Bank
National Association, as Trustee for the
Registered Holders of Wachovia Bank
Commercial Mortgage Trust, Commercial
Mortgage Pass-Through Certificates, Series
2006-WHALE 7, and solely to the extent set
forth in the applicable Partition Agreement, the
applicable Non-Trust Portion Holder
(“Assignee I”) by that certain Assignment of
Deed to Secure Debt, Assignment of Leases
and Rents and Security Agreement from
Original Lender, effective as of September 28,
2006, recorded in Deed Book 723, Page 223,
being further assigned to Wells Fargo Bank,
N.A., as Trustee for the benefit of The Holders
of Wachovia Bank Commercial Mortgage
Trust, Commercial Mortgage Pass-Through
Certificates, Series 2006-WHALE 7, and
solely to the extent set forth in the applicable
Partition Agreement, the applicable Non-Trust
Portion Holder (“Assignee II”) by that certain
Assignment of Deed to Secure Debt,
Assignment of Leases and Rents and Security
Agreement from Assignee I, effective as of
June 30, 2008, recorded in Deed Book 723,
Page 229, and being further assigned to U.S.
Bank National Association, as Trustee for the
benefit of The Holders of Wachovia Bank
Commercial Mortgage Trust, Commercial
Trust, Commercial Mortgage Pass-Through
Certificates, Series 2006-WHALE 7, and
solely to the extent set forth in the applicable
Partition Agreement, the applicable Non-Trust
Portion Holder (as assigned, the “Holder"’), by
that certain Assignment of Deed to Secure
Debt, Assignment of Leases and Rents and
Security Agreement, from Assignee II, effective
as of March 31,2009, recorded in Deed Book
746, Page 311, all being recorded in the Real
Estate Records of Burke County, Georgia (as
assigned, the “Security Deed”), said Security
Deed having been given to secure a loan in
the original principal amount of
$175,000,000.00 pursuant to that certain Loan
Agreement (as assigned, amended, restated,
replaced, supplemented or otherwise
modified from time to time, the “Loan
Agreement”; all capitalized terms used but not
defined herein shall have the meanings
ascribed to such terms in the Loan Agreement)
dated as of July 27, 2006, among Borrower,
JER/Jameson NC Properties LP (“Other
Borrower”) and Original Lender, and
evidenced by that certain Promissory Note
dated as of July 27, 2006 (as assigned,
amended, restated, replaced, supplemented
or otherwise modified from time to time, the
“Note”), and to secure any and all other
indebtedness, renewals, extensions and
modifications thereof then or thereafter owing
between the parties, with interest from the date
thereof at the rate specified therein on the
unpaid balance until paid, there will be sold by
the Holder at public outcry, during the legal
hours of sale before the door of the courthouse
of Burke County, Georgia, on the first Tuesday
in November, 2011, to the highest and best
bidder for cash, all of Borrower's interest in
and to the following property, rights, interests
and estates (collectively, the “Property”):
Land. The real property described below
(the “Land”);
All that tract or parcel of land lying in or being
in the City of Waynesboro, 62nd GMD, Burke
County, Georgia, and being more particularly
described as follows:
Beginning where the East right-of-way of
U.S. Highway 25 intersects with the North right-
of-way of Peachtree Street; THENCE North
29 degrees 45 minutes 34 seconds west for a
distance of 250.00 feet along the east right-of-
way of U.S. Highway 25 to a concrete
monument set, and the Point of Beginning.
THENCE North 29 degrees 45 minutes 34
seconds West for a distance of 215.76 feet
along the east right-of-way of U.S. Highway
25 to a right-of-way monument founds;
THENCE North 28 degrees 31 minutes 04
seconds West for a distance of 24.25 feet along
the east right-of-way of U.S. Highway 25 to
concrete monument set; THENCE North 59
degrees 47 minutes 51 seconds East for a
distance of 270.00 feet to a concrete
monument set; THENCE South 29 degrees
45 minutes 34 seconds East for a distance of
240.00 feet to a concrete monument set;
THENCE South 59 degrees 47 minutes 51
seconds West for a distance of 270.53 feet to
the Point of Beginning. Said property contains
1.49 acres, more or less.
TOGETHER with a perpetual easement
for the construction, use, and maintenance for
utilities (including sewer, water, gas, electric,
telephone and cable) over, along, across, and
under that certain 15 foot wide strip of land
running adjacent the northeastern boundary
of property of McDonalds of Hawaii
Development Company from the northern
right-of-way of Peachtree Road in a
northwesterly direction to the intersection with
the Road in a northwesterly directly to the
intersection with the southern boundary of the
above described 1.49 acre tract, said utility
easement being more fully described as
follows:
Beginning at a rebar found where the north
right-of-way of Peachtree Road intersects the
east right-of-way of U.S. Highway 25 (Liberty
Street); THENCE North 42 degrees 41
minutes 07 seconds East for a distance of
244.40 feet along the North right-of-way of
Peachtree Road to a rebar found and the true
POINT OF BEGINNING; THENCE North 29
degrees 34 minutes 39 seconds West for a
distance of 178.09 feet to a concrete
monument found; THENCE North 59 degrees
47 minutes 51 seconds East for a distance of
15.00 feet to a point; THENCE South 29
degrees 34 minutes 39 seconds West for a
distance of 173.46 feet to a point on the north
right-of-way of Peachtree Road; Thence South
42 degrees 41 minutes 07 seconds West for a
distance of 15.75 feet along the north right-of-
way of Peachtree Road to the true POINT OF
BEGINNING.
Additional Land. All additional lands, estates
and development rights hereafter 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 deed
to secure debt or otherwise, be expressly
made subject to the lien and security title of the
Security Deed;
Improvements. The buildings, structures,
fixtures, additions, enlargements, extensions,
modifications, repairs, replacements and
improvements now or hereafter erected or
located on the Land (collectively, the
“Improvements”);
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 now or hereafter belonging, relating
or pertaining to the Land and/or the
Improvements and the reversions 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;
Equipment. All “equipment,” as such term
is defined in Article 9 of the Uniform
Commercial Code, as adopted and enacted
by the state or states where any of the Property
is located (as amended from time to time, the
“Uniform Commercial Code”), now owned or
hereafter acquired by Borrower, which is used
at or in connection with the Improvements and/
or the Land or is located thereon or therein
(including, but not limited to, all machinery,
equipment, furnishings, and electronic data-
processing and other office equipment now
owned or hereafter acquired by Borrower and
any and all additions, substitutions and
replacements of any of the foregoing), together
with all attachments, components, parts,
equipment and accessories installed thereon
or affixed thereto (collectively, the
“Equipment”). Notwithstanding the foregoing,
“Equipment” shall not include any property
belonging to tenants under Leases (as
hereinafter defined) except to the extent that
Borrower shall have any right or interest
therein;
Fixtures. All Equipment now owned, orthe
ownership of which is hereafter acquired, by
Borrower which is so related to the Land and/
or the Improvements forming part of the
Property that it is deemed fixtures or real
property under the law of the particular state in
which the Equipment is located, including,
without limitation, all building or construction
materials intended for construction,
reconstruction, alteration or repair of or
installation on the Property construction
equipment, appliances, machinery, plant
equipment, fittings, apparatuses, fixtures and
other items now or hereafter attached to,
installed in or used in connection with
(temporarily or permanently) any of the
Improvements and/or the Land, including, but
not limited to, engines, devices for the
operation of pumps, pipes, plumbing,
cleaning, call and sprinkler systems, fire
extinguishing apparatuses and equipment,
heating, ventilating, laundry, incinerating,
electrical, air conditioning and air cooling
equipment and systems, gas and electric
machinery, appurtenances and equipment,
pollution control equipment, security systems,
disposals, dishwashers, refrigerators and
ranges, recreational equipment and facilities
of all kinds, and water, gas, electrical, storm
and sanitary sewer facilities, utility lines and
equipment (whether owned individually or
jointly with others, and, if owned jointly, to the
extent of Borrower’s interest therein) and all
other utilities whether or not situated in
easements, all water tanks, water supply,
water power sites, fuel stations, fuel tanks, fuel
supply, and all other structures, together with
all, accessions, appurtenances, additions,
replacements, betterments and substitutions
for any of the foregoing and the proceeds
thereof (collectively, the “Fixtures”).
Notwithstanding the foregoing, “Fixtures” shall
not include any property which tenants are
entitled to remove pursuant to Leases, except
to the extent that Borrower shall have any right
or interest therein;
Personal Property. All furniture, furnishings,
objects of art, machinery, goods, tools, supplies,
appliances, general intangibles, contract
rights, accounts, accounts receivable, open
accounts, franchises, licenses (including all
trademark and servicemark licenses),
certificates and permits, inventory and all other
personal property of any kind or character
whatsoever as defined in and subject to the
provisions of the Uniform Commercial Code,
whether tangible or intangible, other than
Fixtures, which are now or hereafter owned
by Borrower, including, but not limited to, beds,
bureaus, chiffoniers, chests, chairs, desks,
lamps, mirrors, bookcases, tables, rugs,
carpeting, drapes, draperies, curtains, shades,
Venetian blinds, screens, paintings, hangings,
pictures, divans, couches, luggage carts,
luggage racks, stools, sofas, chinaware, linens,
pillows, blankets, glassware, food carts,
cookware, dry cleaning facilities, dining room
wagons, keys or other entry systems, bars, bar
fixtures, liquor and other drink dispensers,
icemakers, radios, television sets, intercom
and paging equipment, electric and electronic
equipment, dictating equipment, private
telephone systems, medical equipment,
potted plants, heating, lighting and plumbing
fixtures, fire prevention and extinguishing
apparatus, cooling and air-conditioning
systems, elevators, escalators, fittings, plants,
apparatus, stoves, ranges, refrigerators,
laundry machines, tools, machinery, engines,
dynamos, motors, boilers, incinerators,
switchboards, conduits, compressors, vacuum
cleaning systems, floor cleaning, waxing and
polishing equipment, call systems, brackets,
electrical signs, bulbs, bells, ash and fuel,
conveyors, cabinets, lockers, shelving,
spotlighting equipment, dishwashers,
garbage disposals, washers and dryers and
other customary hotel equipment, together with
all accessories, replacements and
substitutions thereto or therefor and the
proceeds thereof (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,
superior in lien to the lien of the Security Deed
and all proceeds and products of any of the
above;
Leases and Rents. All leases, subleases
and sub-subleases, lettings, licenses,
concessions, franchise and license
agreements, and other agreements (whether
written or oral and whether now or hereafter
in effect) pursuant to which any Tenant is
granted a possessory interest in, or right to use
or occupy all or any portion of any space in the
Land and/or the Improvements, and every
modification, amendment or other agreement
relating to such leases, subleases,
subsubleases or other agreements, and every
guarantee of the performance and
observance of the covenants, conditions and
agreements to be performed and observed
by the other party thereto, heretofore or
hereafter entered into (collectively, the
“Leases”), whether before or after the filing by
or against Borrower of any petition for relief
under 11 U.S.C. §101 etseq.,asthesamemay
be amended from time to time (the “Bankruptcy
Code”), and all right, title and interest of
Borrower, its successors and assigns, therein
and thereunder, including, without limitation,
cash or securities deposited thereunder to
secure the performance by the tenants of their
obligations thereunder and all rents (including,
without limitation, percentage rents), rent
equivalents, moneys payable as damages
(including payments by reason of the rejection
of a Lease in a Bankruptcy Action) or in lieu of
rent or rent equivalents, additional rents,
revenues, royalties (including all oil and gas
or other mineral royalties and bonuses),
income, fees, receivables, receipts, deposits
(including, without limitation, security, utility
and other deposits), accounts, cash, issues,
profits, charges for services rendered, and
other payments and consideration of whatever
form or nature received by or paid to or for the
account of or benefit of Borrower from any and
all sources arising from or attributable to the
Land and/or the Improvements, including,
without limitation, all revenues and credit card
receipts from telephone services, laundry,
vending and television, all revenues and credit
card receipts collected from guest rooms,
restaurants, bars, meeting rooms, banquet
rooms and recreational facilities, health club
membership fees, food and beverage
wholesale and retail sales, vending machine
sales, services charges and all receivables,
customer obligations, installment payment
obligations and other obligations now existing
or hereafter arising or created out of the sale,
lease, sublease, license, concession or other
grant of the right of the use and occupancy of
property or rendering of services by Borrower
or any operator or manager of the hotel or
commercial space located in the
Improvements, or any of their respective
agents or employees (including without
limitation, from the rental of any office space,
retail space, guest rooms or other space, halls,
stores and offices, and deposits securing
reservations of such space), and proceeds, if
any from business interruption or other loss of
income insurance, whether paid or accruing
before or afterthe filing byoragainst Borrower
of any petition for relief under the Bankruptcy
Code (collectively, the “Rents”), and all
proceeds from the sale or other disposition of
the Leases and the right to receive and apply
the Rents to the payment of the Debt and the
performance of the Other Obligations;
Condemnation Awards. All Awards which
may heretofore and hereafter be 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
such right) or for a change of grade, or for any
other injury to or decrease in the value of the
Property;
Insurance Proceeds. All Insurance
Proceeds in respect of the Property under any
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, in connection
with a Casualty to the Property;
Tax Certiorari. All refunds, rebates or credits
in connection with any reduction in Taxes or
Other Charges charged against the Property;
Conversion. All proceeds of the conversion,
voluntary or involuntary of any of the foregoing,
including, without limitation, Insurance
Proceeds and Awards, into cash or liquidation
claims;
Rights. The right, in the name and on behalf
of Borrower, to commence any action or
proceeding to protect the interest of the Holder
in the Property and to appear in and, while an
Event of Default (as hereinafter defined)
remains uncured, defend any action or
proceeding brought with respect to the
Property;
Agreements. All agreements, contracts,
certificates, instruments, franchises, permits,
licenses, plans, specifications and other
documents, now or hereafter entered into, and
all rights therein and thereto, respecting or
pertaining to the use, occupation, construction,
management or operation of the
Improvements and/or the Land or any part
thereof, respecting any business or activity
conducted in the Improvements and/or on the
Land or 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 hereunder, to receive
and collect any sums payable to Borrower
thereunder;
Trademarks. 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;
Accounts. All reserves, escrows and
deposit accounts maintained by Borrower with
respect to the Property, including, without
limitation, all accounts established or
maintained pursuant to the Loan Agreement
or any other Loan Document, together with all
deposits or wire transfers made to such
accounts and all cash, checks, drafts,
certificates, securities, investment property,
financial assets, instruments and other
property held therein from time to time and all
See Legals, Pages
16, 17, 19 & 20