CN3321 NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT GEORGIA, CATOOSA COUNTY: WHEREAS, Savannah Springs, Limited Liability Company, a Georgia limited liability company (the "Borrower"), executed and delivered to Merrill Lynch Mortgage Lending, Inc., a Delaware corporation (the "Original Lender"), that certain Multifamily Deed to Secure Debt, Security Agreement, and Assignment of Rents dated October 28, 2003, recorded October 29, 2003 in Book 1042, page 426 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 Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Merrill Lynch Mortgage Trust 2003-KEY1, Commercial Mortgage Pass-Through Certificates, Series 2003-Key1 (the "Holder") by Assignment dated March 31, 2009, recorded August 17, 2009 in Book 1498, page 50 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 35 Savannah Way, Fort Oglethorpe, Georgia 30742, more particularly described as follows (the "Land"): All that tract or parcel of land lying and being in Original Land Lot No. 58 and Original Land Lot No. 59 in the 9th District and 4th Section of Catoosa County, Georgia, and being more particularly described as follows: Commence at the intersection of the East right of way of Linda Lane with the North right of way of Cloud Springs Road (a/k/a State Route 146); thence North 88 degrees 15 minutes 12 seconds East, 220.00 feet to a point in the Southwest corner of the property of Savannah Way, LLC recorded in Deed Book 721, page 170 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia; thence North 00 degrees 26 minutes 28 seconds West, 146.00 feet to an iron pin set at the TRUE POINT OF BEGINNING; thence North 00 degrees 26 minutes 28 seconds West, 304.00 feet to an angle iron found; thence South 88 degrees 15 minutes 12 seconds West, 220.00 feet to an iron pin set on the East right of way line of Linda Lane; thence along the right of way of Linda Lane, North 00 degrees 12 minutes 48 seconds East, 176.72 feet to a top pipe found on the South side of McDonald Acres Subdivision recorded in Plat Book 3, page 89 in said Clerk's Office; thence with the South line of McDonald Acres Subdivision, North 87 degrees 39 minutes 38 seconds East, 650.00 feet to a point on the East line of said McDonald Acres Subdivision and the division line of Land Lot No. 58 and 59; thence along said Land Lot line and the East line of said subdivision, North 02 degrees 09 minutes 36 seconds West, 147.42 feet; thence North 00 degrees 15 minutes 13 seconds West, 474.20 feet to an iron pin found; thence North 58 degrees 56 minutes 58 seconds East, 100.97 feet to an iron pin found; thence South 34 degrees 37 minutes 27 seconds East, 173.54 feet to a point on top of a sanitary manhole, and the West line of Heritage Woods Subdivision recorded in Plat Book 16, page 119 in said Clerk's Office; thence along the West line of said subdivision, South 00 degrees 37 minutes 27 seconds East, 842.06 feet to an iron pin found on the North line of K.R.W. Partnership, recorded in Deed Book 759, page 120 in said Clerk's Office; thence along the North line of said K.R.W. property, North 89 degrees 40 minutes 20 seconds West, 190.35 feet to an iron pin set; thence South 00 degrees 19 minutes 38 seconds West, 236.12 feet to a P.K. nail on the north line of property of Savannah Way, LLC, recorded in Deed Book 721, page 170 in said Clerk's Office; thence along the North line of said Savannah Way, LLC, South 89 degrees 05 minutes 02 seconds West, 150.86 feet to an iron pin set; thence North 00 degrees 11 minutes 07 seconds West, 40.00 feet to a P.K. nail; thence North 88 degrees 17 minutes 18 seconds West, 271.95 feet to the point of beginning, according to survey by Max Randall Compton, Georgia Registered Land Surveyor No. 2584, dated October 1, 2003, Job No. 3-347, whose address is Compton & Richards, Inc., P. O. Box 339, Chickamauga, Georgia 30707. Subject to and together with an easement for ingress and egress as set out in instruments of record in Deed Book 721, page 170 and Deed Book 759, page 120 in said Clerk's Office. Reference for prior title is made to deed of record in Deed Book 691, page 696 in the Office of the Clerk of the Superior Court of Catoosa County, Georgia. (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 Statements recorded in the Recording Office in Book 1042, page 501, and Instrument Number 023-2004-0381, which were assigned to Holder by UCC Assignments recorded in the Recording Office in Book 1498, page 49, and Instrument Number 023-2009-0623, respectively, and continued by UCC Continuation Statements recorded in the Recording Office in Book 1436, page 450 and Instrument Number 023-2008-0819, respectively (collectively, the "Financing Statements"); 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 $3,600,000.00 (the "Loan"), evidenced by that certain Promissory Note dated October 28, 2003 (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. Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Merrill Lynch Mortgage Trust 2003-KEY1, Commercial Mortgage Pass-Through Certificates, Series 2003-Key1, 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