CN3320 NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT GEORGIA, CATOOSA COUNTY: WHEREAS, RMW Battlefield Station, LLC, a Georgia limited liability company (the "Borrower"), executed and delivered to Morgan Stanley Mortgage Capital, Inc. (the "Original Lender") that certain Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents dated January 5, 2006, recorded January 5, 2006 in Deed Book 1249, page 285 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia (the "Recording Office"), which was granted, bargained, sold, conveyed, assigned, transferred, and set over to HSBC Bank USA, National Association, as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2006-HQ9 (the "Holder") by Assignment of Deed to Secure Debt, Security Agreement and Assignment of Leases and Rents and Assignment of Assignment of Leases and Rents dated August 17, 2006, recorded September 28, 2006 in Deed Book 1314, page 601 in the Recording Office (collectively, the "Security Instrument"); and, WHEREAS, under and pursuant to the Security Instrument, Borrower thereby irrevocably granted, bargained, sold, transferred, assigned, set over, and conveyed to Holder, its successors and assigns, with power of sale and right of entry and possession, all of Borrower's right, title, and interest in and to the following property, rights, and interests, whether then existing or thereafter coming into existence (collectively, the "Property"): (i) all or parts of the real property located at 3040 Battlefield Parkway, Fort Oglethorpe, Georgia 30742, more particularly described as follows (the "Land"): All that tract or parcel of land lying and being in Land Lot No. 125 in the 9th District and 4th Section of Catoosa County, Georgia, and being more particularly described in accordance with a plat of survey prepared by Armstrong Land Surveying, Inc., certified by Robert T. Armstrong, Georgia Registered Land Surveyor No. 1901, dated December 5, 2005, last revised January 3, 2006, entitled ALTA/ACSM Land Title Survey for RMW Battlefield Station, LLC, Morgan Stanley Mortgage Capital, Inc., their successors and assigns, Morgan Stanley Bank, their successors and assigns, Capstone Realty Advisors, LLC and Chicago Title Insurance Company, as follows: To find the point of beginning, start at the intersection of the northeast corner of Land Lot No. 128 and the southeast corner of Land Lot No. 125; thence in a westerly direction along the south line of Land Lot No. 125, a distance of 1224.82 feet to a one-half inch rebar found; thence North 87 degrees 46 minutes 46 seconds West, a distance of 365.18 feet to a 2-inch steel rod found; thence North 87 degrees 33 minutes 11 seconds West, a distance of 389.27 feet to a concrete monument found; thence North 88 degrees 03 minutes 35 seconds West, a distance of 237.07 feet to a concrete monument found; thence leaving said land lot line, North 09 degrees 38 minutes 58 seconds East, a distance of 137.00 feet to a 1-inch open top pipe found; thence North 09 degrees 38 minutes 58 seconds East, a distance of 979.12 feet to a concrete monument found; thence South 83 degrees 45 minutes 19 seconds East, a distance of 98.63 feet to a 5/8-inch rebar found at the Point of Beginning; thence South 83 degrees 45 minutes 19 seconds East, a distance of 15.34 feet to a 5/8-inch rebar set; thence North 18 degrees 19 minutes 50 seconds East, a distance of 45.62 feet to a 5/8-inch rebar set; thence North 18 degrees 19 minutes 50 seconds East, a distance of 264.14 feet to a 5/8-inch rebar found; thence South 67 degrees 50 minutes 05 seconds East, a distance of 245.96 feet to a 5/8-inch rebar set; thence South 25 degrees 51 minutes 11 seconds West, a distance of 215.93 feet to a nail found; thence North 67 degrees 50 minutes 05 seconds West, a distance of 18.00 feet to a nail set; thence South 22 degrees 09 minutes 55 seconds West, a distance of 294.51 feet to a 5/8inch rebar set; thence North 67 degrees 50 minutes 05 seconds West, a distance of 208.11 feet to a 5/8-inch rebar set; thence North 22 degrees 09 minutes 55 seconds East, a distance of 196.72 feet to a 5/8-inch rebar found at the point of beginning. Together with and as an appurtenant easement to the above described tract of land, a perpetual, non-exclusive easement for access, parking and utilities as more particularly set forth in Access, Parking and Utility Easement by and between Wal-Mart Real Estate Business Trust and BSR-Battlefield, Inc., dated March 19, 1999, recorded March 22, 1999 in Deed Book 686, page 184, Catoosa County, Georgia Land Records, as amended in Deed Book 734, page 490, as re-recorded in Deed Book 734, page 693, Catoosa County, Georgia Land Records. (ii) personal property of Borrower, including, without limitation, appurtenances, easements, structures, improvements, fixtures, and all other personal property and fixtures as more particularly described in UCC1 Financing Statement filed in the Centralized UCC Indices for the State of Georgia January 5, 2006 as Instrument Number 023-2006-0007, which was assigned to Holder by UCC Amendment filed September 28, 2006 as Instrument Number 023-2006-0729, and continued by UCC Amendment filed October 5, 2010 as Instrument Number 023-2010-0819 (collectively, the "Financing Statement"); and, WHEREAS, the Security Instrument secures a loan made by Original Lender, as assigned and endorsed to Holder, to Borrower in the original principal amount of $3,850,000.00 (the "Loan"), evidenced by that certain Promissory Note dated January 5, 2006 (the "Note"); and, WHEREAS, defaults have occurred and are continuing under the Note and the Security Instrument, specifically including, without limitation, the failure of Borrower to pay to Holder when due the obligations under the Note and Security Instrument; and, WHEREAS, by reason of such defaults, the indebtedness and all other obligations under the Note and Security Instrument have been, and are hereby, accelerated and declared immediately due and payable, and the Security Instrument has become, is, and is hereby subject to foreclosure as provided by law, the Note, and the Security Instrument. NOW, THEREFORE, under and pursuant to the power of sale contained in the Security Instrument, the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including, without limitation, O.C.G.A. Section 11-9-604, and according to the terms of the Security Instrument and the laws in such cases made and provided, Holder will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Catoosa County, Georgia on the first Tuesday in August, being August 7, 2012, during the legal hours of sale, all or part of the Property. The obligations remaining in default, this sale will be made for the purpose of applying the proceeds thereof to the payment of the obligations secured by the Security Instrument, accrued interest and expenses of the sale and all other payments provided for under the Security Instrument, notice of intention to collect attorneys' fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. The Property will be sold "as is", without express or implied warranties of any kind, subject to (a) all unpaid real estate and personal property ad valorem taxes and governmental assessments, and (b) all prior restrictions, rights of way, and assessments of record, if any, appearing of record prior to the date of the Security Instrument and consented to of record by Original Lender, Holder, or any other interim holder, as applicable. The Property will be sold as the property of Borrower, who, to the best of Holder's knowledge and belief, is the party in possession of the Property. The undersigned may sell the Property or any part of the Property in such manner and order as Holder may elect and may sell that portion of the Property which, under the laws of the State of Georgia, constitutes an estate or interest in real estate separately from that portion of the Property which, under the laws of the State of Georgia, constitutes personalty and not an interest in the real estate, in which case separate bids will be taken therefor. Notice of the undersigned's intent shall be given by announcement made at the commencement of the public sale. The recitals set forth hereinabove are hereby incorporated in and made a part of this Notice of Sale Under Power. HSBC Bank USA, National Association, as Trustee for Morgan Stanley Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2006-HQ9, through C-III Asset Management LLC, solely in its capacity as Special Servicer, as attorney in fact for Borrower, c/o Nelwyn Inman and John M. Phillips, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, 633 Chestnut Street, Suite 1800, Chattanooga, Tennessee 37450 (423-756-2010). 7-11,18,25;8-1