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NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT AND SECURITY AGREEMENT UNDER AND BY VIRTUE of the power of sale contained in that certain Deed to Secure Debt and Security Agreement, dated March 12, 2007, executed and delivered by HIDDEN HARBOR OF THE GOLDEN ISLES, LLC ("Grantor") to Wachovia Bank, National Association n/k/a WELLS FARGO BANK, NATIONAL ASSOCIATION ("Lender"), and recorded in Deed Book 2179, Page 336, records of Glynn County, Georgia, as modified and amended (as so modified and amended, the "Security Deed"), Lender, as Attorney-in-Fact for Grantor, will sell at public outcry, to the highest bidder for cash, before the courthouse door of Glynn County, Georgia, within the legal hours of sale on the first Tuesday in February, 2016, the following described property (hereinafter collectively referred to as the "Premises"): (i) All those certain tracts of land in the County of Glynn, State of Georgia, described in Exhibit A attached hereto and by this reference made a part hereof (the "Land"); (ii) all buildings and improvements now or hereafter erected on the Land; (iii) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (iv) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (v) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (vi) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies; (vii) all estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights; and (viii) all "Proceeds" of any of the above-described property, which term shall have the meaning given to it in the Uniform Commercial Code of the jurisdiction where the Security Deed is recorded (the "UCC"), whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof. The Premises will be sold as the property of Grantor. To the best of the knowledge of Lender, the Premises is in the possession of Grantor or those claiming by, through or under Grantor. The Premises will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Premises; (iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority; (iv) unpaid water or sewage bills that constitute a lien against the Premises whether due and payable or not yet due and payable and which may not be of record; (v) the right of redemption of any taxing authority; and (vi) zoning ordinances. The Security Deed secures the indebtedness now evidenced by that certain promissory note executed and delivered by Grantor to Lender dated September 5, 2008 in the original principal amount of $7,740,000.00 (the Note), together with other indebtedness of Grantor to Lender as more particularly set forth in the Security Deed. The entire indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of said Note and the Security Deed. The proceeds of the sale of the Premises shall be applied first to the expenses of publication, notice and sale, including attorneys fees (notice of intent to collect attorneys fees having been given and hereby given), and as otherwise provided by the Security Deed. The undersigned may sell that portion of the above-described property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the above-described property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigneds intent will be given by announcement made at the commencement of the public sale. 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. 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. WELLS FARGO BANK, NATIONAL ASSOCIATION As Attorney-in-Fact for HIDDEN HARBOR OF THE GOLDEN ISLES, LLC Eugene D. Bryant, Esq. Smith, Gambrell & Russell, LLP 1230 Peachtree Street Atlanta, Georgia 30309 (404) 815-3500 EXHIBIT A Tract 1: All of that certain lot, tract or parcel of land situate, lying and being in the 26th G.M. District, Glynn County, Georgia, consisting of 1.844 acres, described and identified according to a plat of survey prepared by Atlantic Survey Professionals, certified by Ernest C. Johns, Jr., Georgia Registered Land Surveyor No. 2774, dated August 18, 2005, revised March 8, 2007, entitled Boundary Survey for Troup Creek Landing 1.844 Acres, 80,325 Sq. Ft., and being recorded in the office of the Clerk of Superior Court, Glynn County, Georgia in Plat Cabinet 2, Map Number 286. LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Partial Release from Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A. to Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company, dated March 31, 2010, filed for record April 13, 2010 at 11:01 a.m., recorded in Deed Book 2707, Page 109, Records of Glynn County, Georgia. (Unit Number 13) FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Partial Release from Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A. to Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company, dated March 31, 2010, filed for record April 13, 2010 at 11:01 a.m., recorded in Deed Book 2707, Page 112, aforesaid Records. (Unit Number 1) FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Partial Release from Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A. to Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company, dated April 28, 2010, filed for record June 29, 2010 at 3:01 p.m., recorded in Deed Book 2733, Page 170, aforesaid Records. (Unit Number 8) FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Partial Release from Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A. to Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company, dated July 15, 2010, filed for record July 30, 2010 at 3:27 p.m., recorded in Deed Book 2746, Page 89, aforesaid Records. (Unit Number 8) FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Partial Release from Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A. to Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company, dated March 11, 2011, filed for record March 16, 2011 at 12:01 p.m., recorded in Deed Book 2841, page 452, aforesaid Records. (Unit Number 14) FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Partial Release from Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A. to Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company, dated January 13, 2014, filed for record January 21, 2014 at 1:09 p.m., recorded in Deed Book 3267, Page 89, aforesaid Records. (Unit Number 16) FURTHER LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Warranty Deed from Hidden Harbor of the Golden Isles, LLC, a Georgia limited liability company to Simon N.D. Thomas and Stephanie C. Thomas, dated as of November 30, 2012, filed for record December 5, 2012 at 8:46 a.m., recorded in Deed Book 3083, Page 165, aforesaid Records. (Unit Number 11) Tract 2: All of that certain tract or parcel of land being triangular in shape, situate, lying and being on the East side of U.S. Highway 17, North of Brunswick, Georgia, in the 26th G.M. District of Glynn County, Georgia, containing 0.270 acres, more or less, formerly a portion of lands known as Union Bag-Camp Paper Corporations (now Union Camp Corporation) Brunswick Peninsula Tract D, and being more particularly described as follows: Beginning at an iron rod located on the Eastern right of way line of U.S. Highway 17, said iron rod being located by reference, in feet, to the grid coordinates of the Georgia Coordinate System, East Zone, at Y (Lat) 447,812.77 and X (Dep) 721,999.48; running thence South 54 degrees 04 minutes West a distance of 209.70 feet to an iron rod located on the North boundary line of a strip of land belonging to the United States of America, identified on the Gowen plat of survey hereinafter referred to as Power Line and U.S. Navy Pipeline, running thence along said boundary line North 81 degrees 46 minutes West a distance of 236.75 feet to an iron rod located on the Eastern right of way line of U.S. Highway 17; and running thence along said Eastern right of way line of U.S. Highway 17 North 35 degrees 48 minutes East a distance of 110.00 feet, more or less, to the iron rod, the point of beginning. Said tract of land as hereby conveyed is more fully described and delineated upon a boundary map of a transit survey of said lands made and prepared under the direction of and certified by J. Dean Gowen, Georgia Registered Surveyor No. 6, under date of November 20, 1961, with the boundaries, metes courses, distances and controls as shown thereon having been fixed and determined in accordance with the grid coordinates, in feet, of the Georgia Coordinate System, East Zone, as established by the United States Coast and Geodetic Survey, a copy of which map is filed in Plat Record Book 3, Page 63, in the office of the Clerk of Superior Court, Glynn County, Georgia. And being a portion of the lands conveyed by Union Bag-Camp Paper Corporation to Wilbur H. Utley by deed dated December 14, 1961. LESS AND EXCEPT: All of that certain lot, tract or parcel of land conveyed in a Warranty Deed from Troupe Creek Landing, Inc. to William Christopher Crook, dated February 28, 1979, and recorded in the aforesaid records in Deed Book 21-A, Page 122.
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