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gpn11 CN6795 Notice of Sale Under Power Catoosa County, Georgia Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt, Security Agreement and Assignment of Rents and Leases given by Hutcheson Medical Center, Inc. ("Grantor") to Regions Bank ("Regions"), recorded June 2, 2008 in Deed Book 1439, Page 175, Catoosa County, Georgia official records, as amended by that certain Amendment to Deed to Secure Debt, Security Agreement and Assignment of Rents and Leases given by Grantor to Regions, dated October 29, 2010 and recorded November 3, 2010 in Deed Book 1550, Page 699, Catoosa County, Georgia official records (together with any and all amendments or modifications, hereinafter collectively referred to as the "Security Deed"), conveying the property described below to secure, among other things, the payment and reimbursement obligations with respect to an irrevocable letter of credit that has been issued to secure the payment of the principal and purchase of, and interest on, certain revenue anticipation certificates issued by The Hospital Authority of Walker, Dade and Catoosa Counties (the "Authority"), as evidenced by the following instruments, agreements, and documents (together with any other instruments, agreements, or documents evidencing or related thereto, the "Financing Documents"): (1) Master Trust Indenture, dated as of May 1, 2008, between Grantor and its non-debtor affiliate Hutcheson Healthcare Enterprises, Inc. ("HHE"), as Obligated Issuers (defined therein), and Regions, as trustee (in such capacity, the "Master Trustee") (as amended, restated, supplemented or otherwise modified from time to time, including, without limitation, by (A) the First Supplemental Master Trust Indenture, dated as of May 1, 2008, (B) the Second Supplemental Master Trust Indenture, dated as of May 1, 2008, and (C) the Third Supplemental Master Trust Indenture, dated as of May 1, 2008, each between Grantor and the Master Trustee, collectively, the "Master Indenture"); (2) Loan Agreement, dated May 1, 2008, between the Authority and Grantor, which was assigned by the Authority to the Master Trustee; (3) 2008-1 Master Note, dated as of May 1, 2008, issued by Grantor in favor of the Master Trustee (as amended, restated, supplemented, replaced or otherwise modified from time to time, the "2008-1 Master Note"); (4) 2008-2 Master Note, dated as of May 1, 2008, issued by Grantor in favor of Regions (as amended, restated, supplemented, replaced or otherwise modified from time to time, the "2008-2 Master Note"); (5) 2008-3 Master Note, dated as of May 1, 2008, issued by Grantor in favor of Regions (as amended, restated, supplemented, replaced or otherwise modified from time to time, the "2008-3 Master Note" and together with the 2008-1 2008-2 Master Note, the "Master Notes"); (6) Reimbursement Agreement, dated as of May 1, 2008, between Grantor and Regions (as amended, restated, supplemented or otherwise modified from time to time, the "Reimbursement Agreement"); (7) Regions Bank Irrevocable Letter of Credit No. 55102642, dated as of May 28, 2008 (as amended, supplemented, extended or otherwise modified from time to time, the "2008 LC"); and (8) ISDA Master Agreement, dated as of May 28, 2008, between Regions and Grantor, including all Schedules and Confirmations relating to same (as amended, restated, supplemented or otherwise modified from time to time, the "Swap Agreement"), there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Catoosa County, Georgia, within the legal hours of sale on the first Tuesday in May 2016 (being May 3, 2016) the following described property located in Catoosa County, Georgia, together with all improvements, fixtures, equipment, easements, hereditaments, rights, members, appurtenances, and personal property located thereon and described in the Security Deed (collectively, the "Property"): All that tract or parcel of land lying and being in Land Lot Nos. 142 and 143 in the 28th District and 3rd Section of Catoosa County, Georgia, being more particularly described as follows; Beginning at the common corner of Land Lot Nos. 142, 143, 146 and 147; thence North 03 degrees 26 minutes 48 seconds West a distance of 287.39 to an iron pin; thence North 51 degrees 40 minutes 51 seconds West a distance of 1548.40 feet to an iron pin; thence North 02 degrees 34 minutes 36 seconds East a distance of 544.92 feet to an iron pin; thence running in an easterly direction, along the south right of way line of Battlefield Parkway (also known as State Highway 2-A), the following courses and distances, to wit: South 74 degrees 42 minutes 54 seconds East, 546.47 feet; South 74 degrees 43 minutes 31 seconds East, 118.08 feet; South 15 degrees 16 minutes 29 seconds West, 25.00 feet; South 74 degrees 43 minutes 31 seconds East, 338.34 feet to an iron pin; thence South 15 degrees 15 minutes 39 seconds West a distance of 204.38 feet to an iron pin; thence South 09 degrees 23 minutes 45 seconds East a distance of 202.84 feet to an iron pin; thence North 80 degrees 36 minutes 15 seconds East a distance of 297.85 feet to an iron pin; thence North 04 degrees 44 minutes 02 seconds West a distance of 95.23 feet to an iron pin; thence North 86 degrees 30 minutes 28 seconds East a distance of 320.61 feet to an iron pin; thence North 57 degrees 26 minutes 28 seconds East a distance of 39.52 feet to an iron pin; thence North 89 degrees 43 minutes 50 seconds East a distance of 70.87 feet to an iron pin; thence running in a westerly direction, along the north right of way line of Nathan Drive (30' R/W), the following courses and distances, to wit: South 81 degrees 19 minutes 00 seconds West, 58.30 feet; South 65 degrees 06 minutes 00 seconds West, 51.68 feet; South 38 degrees 04 minutes 00 seconds West, 44.84 feet; South 32 degrees 27 minutes 00 seconds West, 44.72 feet; South 52 degrees 42 minutes 00 seconds West, 34.85 feet; South 73 degrees 24 minutes 00 seconds West, 26.57 feet; South 89 degrees 26 minutes 00 seconds West, 74.68 feet; North 88 degrees 56 minutes 00 seconds West, 103.04 feet; South 10 degrees 02 minutes 41 seconds East, 50.02 feet; thence South 09 degrees 23 minutes 45 seconds East a distance of 300.00 feet to an iron pin; thence South 10 degrees 23 minutes 57 seconds East, a distance of 533.73 feet to an iron pin; thence South 10 degrees 02 minutes 17 seconds East, a distance of 291.00 feet to an pin; thence South 89 degrees 28 minutes 27 seconds West, along the south line of said Land Lot No. 142, a distance of 260.72 feet to the Point of Beginning. LESS AND EXCEPT: To find the beginning, begin at a point in the southern right of way right of way line of Battlefield Parkway (also known as State Highway 2-A), said point being located in an easterly direction, as measured along said right of way line, a distance of 1284.9 feet from the point of intersection of said right of way line and the east right of way line of Pine Grove Road, said Point of Beginning also being the northwestern corner of the property owned try Parkway Physicians Center, L.P. as described in Deed Book 654, Page 4, Catoosa County, Georgia Land Records, thence South 47 degrees 05 minutes 58 seconds East a distance of 571.61 feet to the True Point of Beginning. Thence South 74 degrees 48 minutes 38 seconds East, a distance of 181.47 to a point; thence along a curve to the left having an arc length of 63.51 feet and a radius of 43.65 feet (chord = South 19 degrees 41 minutes 42 seconds East, a distance 58.06 feet) to a point; thence South 30 degrees 06 minutes 01 seconds West, a distance of 18.19 feet to a point; thence South 15 degrees 30 minutes 18 seconds West, a distance of 10.45 feet to a point; thence South 74 degrees 29 minutes 42 seconds East, a distance of 5.00 feet to a point; thence South 15 degrees 30 minutes 18 seconds West, a distance of 57.97 feet to a point; thence North 74 degrees 43 minutes 31 seconds West, a distance of 214.81 feet to a point; thence North 15 degrees 16 minutes 29 seconds East a distance of 133.33 feet to the True Point of Beginning. Containing 27,354 sq. ft. (0.63 acres). TOGETHER WITH EASEMENTS benefiting the fee estate, as set forth in the following: a) That certain Declaration of Easements and Restrictions, dated August 27, 2003, by Hutcheson Medical Center, Inc., as Declarant, and recorded in Deed Book 1023, Page 598, Catoosa County, Georgia Records. b) That certain Reciprocal Easement and Operating Agreement, dated August 22, 2003, by and between Hutcheson Medical Center, Inc. and Goosepond Properties, Inc., and recorded in Deed Book 1021, page 632, Catoosa County, Georgia Records. The Financing Documents have been and are hereby accelerated and declared due because of, among other possible events of default, failure to pay the Financing Documents as and when due and in the manner provided in the instruments evidencing the Financing Documents and Security Deed. As the Financing Documents remain in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorneys' fees. 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. To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through them. REGIONS BANK, Attorney-in-Fact and Agent for Hutcheson Medical Center, Inc. Erich N. Durlacher Burr & Forman LLP Suite 1100, 171 Seventeenth Street, N.W. Atlanta, Georgia 30363 Email: edurlacher@burr.com Phone: (404) 815-3000 Facsimile: (404) 817-3244 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4-6,13,20,27
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