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STATE OF GEORGIA COUNTY OF RICHMOND NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement dated September 20, 2006, made by ROLAND GARROS, INC. d/b/a The Club At Raes Creek (the "Grantor" or "Borrower"), in favor of Business Loan Center, LLC ("BLC"), recorded on September 22, 2006, at Deed Book 01079, Page 0567, Richmond County Records (hereinafter, together with all amendments and modifications thereto, the "Security Deed"), to secure the indebtedness evidenced by that certain U.S. Small Business Administration Promissory Note dated September 20, 2006, in the original principal amount of $1,315,000 (as at any time amended, modified or restated, the "Note"), made by Grantor and Cutler Law Group, A Professional Law Corporation, payable to the order of BLC, which Note and Security Deed were assigned to U.S. Bank, National Association, as successor trustee to Bank of America, N.A., successor by merger to LaSalle Bank National Association, as Indenture Trustee under that certain Second Amended and Restated Indenture dated as of February 4, 2005, as the same may be amended from time to time, for the benefit of the SBA and holders of the BLX Funding Trust I Notes, as their interests may appear subject to the Second Amended and Restated Multi-Party Agreement dated February 4, 2005 ("Lender"), pursuant to, among other documents, those certain Assignments of Deed to Secure Debt and Security Agreement recorded at Deed Book 1359, Page 1739, and Deed Book 1359, Page 1742, Richmond County Records, Lender, acting through its servicer Business Loan Center, LLC, as attorney-in-fact for Grantor, will sell at public outcry to the highest bidder for cash on the courthouse steps of Richmond County, Georgia, within the legal hours of sale on the first Tuesday in May of 2016 (to-wit: May 3, 2016), all of Grantor's right, title and interest in and to the following described land and interests in land, estates, easements, rights, improvements, personal property, fixtures, equipment, furniture, furnishings, appliances and appurtenances (hereinafter referred to collectively as the "Premises"): (a) All those certain tracts, pieces or parcels of land more particularly described as follows (hereinafter referred to as the "Land"): ALL that tract or parcel of land, together with all improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, containing 4.743 acres shown upon a plat dated May 14, 1990 prepared for Augusta Tennis Club, Inc by Larry A. Godfrey, Sr., said property being more fully described as follows: Commencing at an iron pin on the Southern right-of-way of Wimbledon Drive which pin is located 182.59 feet from the intersection of the Western right-of-way of Kamel Circle and the Southern right-of-way of Wimbledon Drive as measured along a bearing of S75 10'40"W for a distance of 100.98 feet to an iron pin; thence following a bearing of N87 07'W for a distance of 81.61 feet to the point of beginning; with the point of beginning being thus established, thence S05 30'15"E for a distance of 147.49 feet to an iron pin which is located at the Northern end of a wall; thence extending S34 43'41"E for a distance of 9.28 feet to an iron pin; thence S16 54'02"E for a distance of 15.64 feet to an iron pin; thence S06 30'21"E for a distance of 31.24 feet to an iron pin at the Southern end of said wall; thence S09 57'07"E for a distance of 53.83 feet to an iron pin; thence S14 59'18"E for a distance of 124.30 feet to an iron pin; thence S75 22'13"W for a distance of 110.75 feet to an iron pin; thence S14 17'29"E for a distance of 38.92 feet to an iron pin; thence S76 32'11"W for a distance of 114.48 feet to an iron pin; thence S28 51'00"W for a distance of 82.5 feet to an iron pin; thence 39 06'38"W for a distance of 25.08 feet to an iron pin; thence S75 49'11"W for a distance of 207.40 feet to an iron pin; thence N14 09'42"W for a distance of 344.97 feet to an iron pin located in the centerline of Rae's Creek; thence extending N85 21'41"E along the centerline of Rae's Creek for a distance of 206.92 feet to an iron pin; thence continuing in an Easterly direction along the centerline of Rae's Creek for a distance of 93.71 feet to an iron pin; thence N26 35'06"W for a distance of 186. 09 feet to an iron pin; thence N63 49'15''E for a distance of 155.66 feet to an iron pin; thence N79 42'05"E for a distance of 187.19 feet to an iron pin; thence extending for a distance of 36.48 feet along an arc having a chord with a bearing of S71 38'19"E and a distance of 36.48 feet as measured along a radius of 67.52 feet to the point of beginning. ALSO, all of those easements for utilities and ingress and egress appurtenant to the above described property as contained in a Grant of Easements from A .T.C. Development Corp. to Fred W. Layman, III recorded in the Superior Court Clerk's Office of said County in Realty Reel 771, page 1017. (b) All of Borrower's right, title and interest in and into all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other floor coverings, fire extinguishers and any other safety equipment required by governmental regulation or law, washers, dryers, water heaters, mirrors, mantels, air conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and appurtenances, window screens, awning and storm sashes, which are or shall be attached to said buildings, structures or improvements and all other furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles (excluding Borrower's personal automobiles, if any), building supplies and materials, books and records, chattels, inventory, accounts, farm products, consumer goods, general intangibles and personal property of every kind and nature whatsoever now or hereafter owned by Borrower and located in, on or about, or used or intended to be used with or in connection with the use, operation or enjoyment of the Premises, including all extensions, additions, improvements, betterments, after-acquired property, renewals, replacements and substitutions, or proceeds from a permitted sale of any of the forgoing, and all the right, title and interest of Borrower in any such furnishings, furniture, fixtures, machinery, equipment, appliances, vehicles and personal property subject to or covered by any prior security agreement, conditional sales contract, chattel mortgage or similar lien or claim, together with the benefit of any deposits or payments now or hereafter made by Borrower or on behalf of Borrower, all tradenames, trademarks, servicemarks, logos and goodwill related thereto which in any way now or hereafter belong, relate or appertain to the Premises or any part thereof or are now or hereafter acquired by Borrower; and all inventory, accounts, chattel paper, documents, equipment, fixtures, farm products, consumer goods and general intangibles constituting proceeds acquired with cash proceeds of any of the property described hereinabove, all of which are hereby declared and shall be deemed to be fixtures and accessions to the Land and a part of the Premises as between the parties hereto and all persons claiming by, through or under them, and which shall be deemed to be a portion of the security for the indebtedness herein described and to be secured by the Security Deed. The location of the above described collateral is also the location of the Land. (c) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating or appertaining to the Premises or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower. (d) All income, rents, issues, profits and revenues of the Premises from time to time accruing (including without limitation all payments under leases or tenancies, proceeds of insurance, condemnation payments, tenant security deposits whether held by Borrower or in a trust account, and escrow funds), and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Borrower of, in and to the same. Lender may sell that portion of the Premises as under the laws of the State of Georgia may constitute an estate or interest in real estate (the "Real Property") either separately from that portion of the Premises which, under the laws of the State of Georgia, may constitute personalty and not an interest in real estate (the "Personal Property"), in which case separate bids will be taken therefor, or collectively in a single sale and lot and in a single bid. Lender may elect not to sell the Personal Property at the same time as the Real Property. Notice of intent to sell separately or in a single lot and notice of Lender's election with respect to sale of the Personal Property will be announced at the sale. With regard to the sale of either the Real Property or the Personal Property, or both, Lender reserves the right to credit bid at the sale all or any portion of its debt. To the best knowledge and belief of the undersigned, the Premises is in the possession of Grantor, or others with the permission of Grantor, and may have been known from time to time as 3206 W. Wimbledon Dr., Augusta, Richmond County, Georgia. The Real Property tax map number is 031-4-1310. Grantor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on December 3, 2012, initiating the matter styled In re Roland Garros, Inc., Case No. 12-12208-SDB, United States Bankruptcy Court for the Southern District of Georgia (Augusta Division) (the "Bankruptcy Case"). The Bankruptcy Case was dismissed on November 22, 2013. The Premises will be sold on an "AS IS, WHERE IS" basis, without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage contained in the Real Property description and subject to, among other exceptions, all of the following: (a) All outstanding taxes (including taxes which are liens, but not yet payable), assessments and utility bills which are valid liens and encumbrances upon any of the Real Property or Personal Property and which are prior in right to the Security Deed; (b) All valid zoning ordinances; (c) All valid federal tax liens (if any) affecting any of the Real Property or Personal Property and the rights of the United States Government relative thereto, including, but not limited to, the right of redemption of the United States Government, if any such rights validly exist; and (d) Any and all easements, limitations, restrictions, reservations, covenants, encumbrances, and other matters to which the Security Deed is subordinate in terms of priority as a matter of law. The indebtedness evidenced by the Note and secured by the Security Deed has been, and is hereby, declared immediately due and payable because of defaults by Grantor under the Note, including, but not limited to, defaults resulting from the failure to pay the indebtedness as and when due in accordance with the Note. The proceeds of the sale of the Premises shall be applied in accordance with the Security Deed to the payment of the unpaid indebtedness under the Note and all fees, costs, charges, and expenses of the sale and of all proceedings in connection therewith, including, without limitation, attorneys' fees incurred by Lender. Business Loan Center, LLC, as servicer for U.S. Bank, National Association, as successor trustee to Bank of America, N.A., successor by merger to LaSalle Bank National Association, as Indenture Trustee under that certain Second Amended and Restated Indenture dated as of February 4, 2005, as the same may be amended from time to time, for the benefit of the SBA and holders of the BLX Funding Trust I Notes, as their interests may appear subject to the Second Amended and Restated Multi-Party Agreement dated February 4, 2005, as attorney-in-fact for Roland Garros, Inc. d/b/a The Club At Raes Creek PARKER HUDSON RAINER & DOBBS LLP Attorneys for Lender Joshua J. Lewis, Esq. 1500 Marquis Two Tower 285 Peachtree Center Avenue, NE Atlanta, Georgia 30303 (404) 523-5300 APRIL 7,14,21,28,2016 AD#16875923
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