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gpn11 CN6794 WM2903 Notice of Sale Under Power Walker County and 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 The Hospital Authority of Walker, Dade and Catoosa Counties ("Grantor") to Regions Bank ("Regions"), recorded October 13, 2014 in Deed Book 1821, Page 529, Walker County, Georgia official records and recorded October 21, 2014 in Deed Book 1746, Page 293, 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 Grantor, 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 Hutcheson Medical Center, Inc. ("HMC") 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 HMC and the Master Trustee, collectively, the "Master Indenture"); (2) Loan Agreement, dated May 1, 2008, between Grantor and HMC, which was assigned by Grantor to the Master Trustee; (3) 2008-1 Master Note, dated as of May 1, 2008, issued by HMC 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 HMC 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 HMC 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 HMC 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 HMC, 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 Walker County, Georgia and 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 certain tract or parcel of land lying in Land Lots 83 and 98 in the 9th District and 4th Section of Walker County, Georgia and in Land Lots 84 and 97 in the 9th District and 4th Section of Catoosa County, Georgia, southeast of and adjacent to N. Highway 27 (Battlefield Parkway), east of and adjacent to Park City Road, north of and adjacent to Thomas Road and west of and adjacent to Mitchell Road and being more particularly described as follows: BEGINNING at a pump pipe found in Catoosa County, the northeasterly corner of Deed Book 561, Page 282 recorded in the Walker County Registry, said pump pipe also being the northwest corner of Lot 50 as shown in Plat Book 6, Page 217 recorded in the Catoosa County Registry, said pump pipe being located North 70 degrees 58 minutes 03 seconds West 168.20 feet from an iron pipe found on the western right of way line of Diane Lane, the northeast corner of Lot 50 and runs thence with the western lines of Lots 50, 51, 52, 53 and 54 as shown in Plat Book 6, Page 217 South 00 degrees 49 minutes 03 seconds East 446.50 feet to a set iron rod; Thence with the northern line of Vicki Kemp South 89 degrees 10 minutes 57 seconds West 100.00 feet to a set iron rod; Thence with Kemp's western line South 00 degrees 49 minutes 03 seconds East 150.00 feet to a set iron rod; Thence with Kemp's southern line North 89 degrees 10 minutes 57 seconds East 100.00 feet to a set iron rod, the southwestern corner of Lot 55 as shown in Plat Book 6, Page 217; Thence to and with Robert L. Brown's western South 00. degrees 49 minutes 03 seconds East 123.55 feet to a set iron rod; Thence with Brown's southern lines the following courses and distances: North 83 degrees 26 minutes 11 seconds East 90.76 feet to a set iron rod, South 86 degrees 43 minutes 31 seconds East 253.00 feet to a set iron rod and South 60 degrees 45 minutes 57 seconds East 267.04 feet to a set iron rod; Thence with Joy Carpets, Inc.'s western line South 06 degrees 24.minute 11 seconds West 297.10 feet to a set iron rod; Thence with Billy Ray Beene's northern line South 85 degrees 38 minutes 53 seconds West 586.06 feet to a found pump pipe; Thence with Beene's western line South 06 degrees 24 minutes 20 seconds East 166.66 feet to a set iron rod; Thence with Beene's southern line North 85 degrees 18 minutes 40 seconds East 373.11 feet to a set iron rod; Thence with another line of Beene South 03 degrees 51 minutes 49 seconds East 41.10 feet to a set iron rod; Thence continuing with Beene's line North 86 degrees 08 minutes 11 seconds East 18;60 feet to a set iron rod; Thence with Joy Carpets, Inc's line south 03 degrees 51 minutes 49 seconds East 368.33 feet to a set iron rod; Thence continuing with Joy Carpets Inc.'s line South 87 degrees 34 minutes 11 seconds West 40.87 feet to a mag nail set in the center of Mitchell Road; Thence with the center of Mitchell Road the following courses and distances: South 08 degrees 42 minutes 32 seconds East 114.72 feet to a set mag nail, South 43 degrees 37 minutes 35 seconds East 88.51 feet to a set mag nail, South 60 degrees 54 minutes 37 seconds East 91.83 feet to a set mag nail, North 89 degrees 49 minutes 48 seconds East 93.61 feet to a set mag nail, South 81 degrees 11 minutes 21 seconds East 44.92 feet to a set mag nail, South 37 degrees 04 minutes 23 seconds East 89.63 feet to a set mag nail and South 14 degrees 12 minutes 32 seconds East 76.22 feet to a mag nail set in the centerline intersection of Mitchell Road and Thomas Road; Thence with the centerline of Thomas Road the following courses and distances: South 74 degrees 33 minutes 39 seconds West 69.88 feet to a set mag nail, South 63 degrees 48 minutes 45 seconds West 71.58 feet to a set mag nail, South 56 degrees 21 minutes 31 seconds West 52.20 feet to a set mag nail, South 51 degrees 25 minutes 42 seconds West 49.74 feet to a set mag nail and South 43 degrees 20 minutes 52 seconds West 140.17 feet to a mag nail set in the centerline intersection of Thomas Road and Gross Crescent Circle; Thence continuing with the centerline of Thomas Road the following courses and distances: South 84 degrees 51 minutes 32 seconds West 243.73 feet to a set mag nail, South 82 degrees 18 minutes 10 seconds West 227.69 feet to a set mag nail and South 79 degrees 15 minutes 15 seconds West 123.80 feet to a mag nail set in the intersection of the centerline of Thomas Road and the approximate location of the Walker and Catoosa County Line, said mag nail being located North 00 degrees 12 minutes 07 seconds West 572.43 feet from an iron pipe found in said County Line; Thence with the approximate location of the Walker and Catoosa County Line North 00 degrees 12 minutes 07 seconds West 117.90 feet to a set iron rod; Thence entering Walker County and running South 88 degrees 36 minutes 39 seconds West 737.08 feet to a mag nail set in the centerline intersection of Park City Road and 7th Street; Thence with the centerline of Park City Road North 00 degrees 29 minutes 03 seconds West passing through a mag nail found in the centerline intersection of Park City Road and S. Washington Street at 1284.71 feet and continuing for a total distance of 1538.33 feet to a mag nail set in the intersection of the centerline of Park City Road and the southern line of Battlefield Post # 214 A.L., Ltd. (Deed Book 560, Page 772, Walker County Registry); Thence with said line North 34 degrees 54 minutes 12 seconds East 374.25 feet to a set iron rod; Thence continuing with Battlefield Post # 214 A.L., Ltd. northeast line North 53 degrees 32 minutes 03 seconds West 104.54 feet to an iron rod set at the intersection of said line with the right of way line of N. Hwy 27/Battlefield Parkway; Thence with the right of way line of N. Hwy 27/Battlefield Parkway the following courses and distances; North 00 degrees 49 minutes 30 seconds East 109.44 feet to a found right of way monument, a curve to the left having a radius of 274.00 feet, an arc length of 226.59 feet and a chord bearing and distance of North 22 degrees 51 minutes 57 seconds West 220.19 feet to a found right of way monument, North 46 degrees 33 minutes 24 seconds West 198.86 feet to found right of way monument, a curve to the left having a radius of 2039.86 feet, an arc length of 154.59 feet and a chord bearing and distance of North 43 degrees 04 minutes 50 seconds East 154.55 feet to a found right of way monument and Thence North 40 degrees 51 minutes 02 seconds East 441.13 feet to a found right of way monument; Thence with the western line of North GA Electric Membership (Deed Book 550, Page 498, Walker County Registry) South 02 degrees 16 minutes 53 seconds East 516.99 feet to a set iron rod; Thence with North GA Electric Membership southern line North 88 degrees 43 minutes 00 seconds East 425.55 feet to a pump pipe found in the approximate location of the Walker and Catoosa County Line; Thence entering Catoosa County with the City of Chattanooga & North GA Electric Membership southern line (Deed Book 310, Page 311, Catoosa County Registry) North 88 degrees 43 minutes 00 seconds East 174.91 feet to the point of beginning, containing 65.14 acres (2,837,642 square feet), more or less. And being all or a portion of the following tracts: Deed Book 119, Page 246; Deed Book 612, Page 80; Deed Book 581, Page 262 and Deed Book 755, Page 314 (Walker County Register of Deeds), Deed Book 52, Page 59 and Deed Book 350, Page 79 (Catoosa County Register of Deeds) and Plat Books 2, Pages 10 and 17 (Catoosa County Register of Deeds). 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 The Hospital Authority of Walker, Dade and Catoosa Counties 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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