NOTICE OF SALE
UNDER POWER
GEORGIA,
THOMAS COUNTY
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement, executed as of May 9, 2007 (Deed to Secure Debt), by Empirian Amberwood I LLC, a Delaware limited liability company; Amberwood Apartments of Bartow County, II, Ltd. (L.P.) f/k/a Amberwood Apartments of Bartow County, II, Ltd., a Georgia limited partnership, Hillside Manor Apartments of Americus, Ltd. (L.P.) f/k/a Hillside Manor Apartments of Americus, Ltd., a Georgia limited partnership, Greentree Apartments II, Ltd. (L.P.) f/k/a Greentree Apartments II, Ltd., a Georgia limited partnership; Greentree Apartments, Ltd. (L.P.) f/k/a Greentree Apartments, Ltd., a Georgia limited partnership, Hatcher Way Apartments, Ltd. (L.P.) f/k/a Hatcher Way Apartments, Ltd., a Georgia limited partnership, Woodcrest Apartments of Warner Robins, Ltd. (L.P.) f/k/a Woodcrest Apartments of Warner Robins, Ltd., a Georgia limited partnership, Oakwood Village Apartments of Richmond County, Ltd. (L.P.) f/k/a Oakwood Village Apartments of Richmond County, Ltd., a Georgia limited partnership, Stillwater Apartments, Ltd. (L.P.) f/k/a Stillwater Apartments, Ltd., a Georgia limited partnership, Lakeshore Apartments of Ft. Oglethorpe, Ltd. (L.P.) f/k/a Lakeshore Apartments of Ft. Oglethorpe, Ltd., a Georgia limited partnership, Empirian Parkwood Village LLC, a Delaware limited liability company, Iris Glen Apartments of Rockdale County, Ltd. (L.P.) f/k/a Iris Glen Apartments of Rockdale County, Ltd., a Georgia limited partnership, Valleyfield Apartments of DeKalb County, Ltd. (L.P.) f/k/a Valleyfield Apartments of DeKalb County, Ltd., a Georgia limited partnership, Valleyfield Apartments of DeKalb County, II, Ltd. (L.P.) f/k/a Valleyfield Apartments of DeKalb County, II, Ltd., a Georgia limited partnership, Shadow Trace Apartments of DeKalb County, Ltd. (L.P.) f/k/a Shadow Trace Apartments of DeKalb County, Ltd., a Georgia limited partnership, Redan Village Apartments of DeKalb County, Ltd. (L.P.) f/k/a Redan Village Apartments of DeKalb County, Ltd., a Georgia limited partnership, Redan Village Apartments of DeKalb County, II, Ltd. (L.P.) f/k/a Redan Village Apartments of DeKalb County II, Ltd., a Georgia limited partnership, Waterbury Apartments of Clarke County, Ltd. (L.P.) f/k/a Waterbury Apartments of Clarke County, Ltd., a Georgia limited partnership ("the Borrowers"), in favor of Arbor Commercial Mortgage, LLC, a New York limited liability company (Original Lender), recorded May 21, 2007, in Deed Book 1403, Page 161, in the Official Records of Thomas County, Georgia (the Records). The Deed to Secure Debt was: (a) assigned by Original Lender to Merrill Lynch Mortgage Lending, Inc., a Delaware corporation (Lender #2), pursuant to that certain Assignment of Deeds to Secure Debt, Assignment of Leases and Rents, Security Agreement and Fixture Filings, made and entered into as of May 9, 2007, recorded May 21, 2007, in Deed Book 1403, Page 258, in the Records; (b) assigned by Lender #2 to LaSalle Bank National Association, as Trustee for the registered holders of ML-CFC Commercial Mortgage Trust 2007-8, Commercial Mortgage Pass-Through Certificates, Series 2007-8 (Lender #3), pursuant to that certain Assignment of Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement and Assignment of Assignment of Leases and Rents, to be effective as of August 28, 2007, recorded February 5, 2008, in Deed Book 1469, Page 156, in the Records; (c) assigned by Lender #3 to U.S. Bank National Association, as Trustee for the registered holders of ML-CFC Commercial Mortgage Trust 2007-8, Commercial Mortgage Pass-Through Certificates, Series 2007-8 ( Lender #4), pursuant to that certain Assignment of Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement and Assignment of Assignment of Leases and Rents, to be effective as of June 30, 2008, recorded March 27, 2009, in Deed Book 1559, Page 334, in the Records; and (d) modified pursuant to that certain Deed to Secure Debt and Assignment of Leases and Rents Modification Agreement dated as of August 8, 2011, recorded December 6, 2011, in Deed Book 1735, Page 302, in the Records, and (e) as further assigned by Lender #4 to MLCFC 2007-8 Thomas Living Limited Partnership, a Georgia limited partnership ("Lender") pursuant to that certain Assignment of Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement and Other Loan Documents recorded in the Records (collectively, the "Security Deed") there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Thomas County, Georgia, between the legal hours of sale on the first Tuesday in August, 2012, by Lender, as Attorney-in-Fact for Borrowers, the following property to-wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
The indebtedness secured by the Security Deed having been declared due and payable because of, among other possible events of default, failure to pay the indebtedness secured thereby as and when due, this sale will be made for the purpose of paying the same and all expenses of sale, including attorneys fees (notice of intention to collect attorney fees having been given).
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 first set out above.
To the best of the undersigneds knowledge and belief, possession of the subject properties is held by Empirian Amberwood I LLC, a Delaware limited liability company; Amberwood Apartments of Bartow County, II, Ltd. (L.P.) f/k/a Amberwood Apartments of Bartow County, II, Ltd., a Georgia limited partnership; Hillside Manor Apartments of Americus, Ltd. (L.P.) f/k/a Hillside Manor Apartments of Americus, Ltd., a Georgia limited partnership; Greentree Apartments II, Ltd. (L.P.) f/k/a Greentree Apartments II, Ltd., a Georgia limited partnership; Greentree Apartments, Ltd. (L.P.) f/k/a Greentree Apartments, Ltd., a Georgia limited partnership; Hatcher Way Apartments, Ltd. (L.P.) f/k/a Hatcher Way Apartments, Ltd., a Georgia limited partnership; Woodcrest Apartments of Warner Robins, Ltd. (L.P.) f/k/a Woodcrest Apartments of Warner Robins, Ltd., a Georgia limited partnership; Oakwood Village Apartments of Richmond County, Ltd. (L.P.) f/k/a Oakwood Village Apartments of Richmond County, Ltd., a Georgia limited partnership; Stillwater Apartments, Ltd. (L.P.) f/k/a Stillwater Apartments, Ltd., a Georgia limited partnership; Lakeshore Apartments of Ft. Oglethorpe, Ltd. (L.P.) f/k/a Lakeshore Apartments of Ft. Oglethorpe, Ltd., a Georgia limited partnership; Empirian Parkwood Village LLC, a Delaware limited liability company; Iris Glen Apartments of Rockdale County, Ltd. (L.P.) f/k/a Iris Glen Apartments of Rockdale County, Ltd., a Georgia limited partnership; Valleyfield Apartments of DeKalb County, Ltd. (L.P.) f/k/a Valleyfield Apartments of DeKalb County, Ltd., a Georgia limited partnership; Valleyfield Apartments of DeKalb County, II, Ltd. (L.P.) f/k/a Valleyfield Apartments of DeKalb County, II, Ltd., a Georgia limited partnership; Shadow Trace Apartments of DeKalb County, Ltd. (L.P.) f/k/a Shadow Trace Apartments of DeKalb County, Ltd., a Georgia limited partnership; Redan Village Apartments of DeKalb County, Ltd. (L.P.) f/k/a Redan Village Apartments of DeKalb County, Ltd., a Georgia limited partnership; Redan Village Apartments of DeKalb County, II, Ltd. (L.P.) f/k/a Redan Village Apartments of DeKalb County II, Ltd., a Georgia limited partnership; Waterbury Apartments of Clarke County, Ltd. (L.P.) f/k/a Waterbury Apartments of Clarke County, Ltd., a Georgia limited partnership.
MLCFC 2007-8 THOMAS LIVING LIMITED PARTNERSHIP,
a Georgia limited partnership
by MLCFC 2007-8 THOMAS LIVING GP, LLC
As Attorney-in-Fact for
Empirian Amberwood I LLC, a Delaware limited liability company; Amberwood Apartments of Bartow County, II, Ltd. (L.P.) f/k/a Amberwood Apartments of Bartow County, II, Ltd., a Georgia limited partnership; Hillside Manor Apartments of Americus, Ltd. (L.P.) f/k/a Hillside Manor Apartments of Americus, Ltd., a Georgia limited partnership; Greentree Apartments II, Ltd. (L.P.) f/k/a Greentree Apartments II, Ltd., a Georgia limited partnership; Greentree Apartments, Ltd. (L.P.) f/k/a Greentree Apartments, Ltd., a Georgia limited partnership; Hatcher Way Apartments, Ltd. (L.P.) f/k/a Hatcher Way Apartments, Ltd., a Georgia limited partnership; Woodcrest Apartments of Warner Robins, Ltd. (L.P.) f/k/a Woodcrest Apartments of Warner Robins, Ltd., a Georgia limited partnership; Oakwood Village Apartments of Richmond County, Ltd. (L.P.) f/k/a Oakwood Village Apartments of Richmond County, Ltd., a Georgia limited partnership; Stillwater Apartments, Ltd. (L.P.) f/k/a Stillwater Apartments, Ltd., a Georgia limited partnership; Lakeshore Apartments of Ft. Oglethorpe, Ltd. (L.P.) f/k/a Lakeshore Apartments of Ft. Oglethorpe, Ltd., a Georgia limited partnership; Empirian Parkwood Village LLC, a Delaware limited liability company; Iris Glen Apartments of Rockdale County, Ltd. (L.P.) f/k/a Iris Glen Apartments of Rockdale County, Ltd., a Georgia limited partnership; Valleyfield Apartments of DeKalb County, Ltd. (L.P.) f/k/a Valleyfield Apartments of DeKalb County, Ltd., a Georgia limited partnership; Valleyfield Apartments of DeKalb County, II, Ltd. (L.P.) f/k/a Valleyfield Apartments of DeKalb County, II, Ltd., a Georgia limited partnership; Shadow Trace Apartments of DeKalb County, Ltd. (L.P.) f/k/a Shadow Trace Apartments of DeKalb County, Ltd., a Georgia limited partnership; Redan Village Apartments of DeKalb County, Ltd. (L.P.) f/k/a Redan Village Apartments of DeKalb County, Ltd., a Georgia limited partnership; Redan Village Apartments of DeKalb County, II, Ltd. (L.P.) f/k/a Redan Village Apartments of DeKalb County II, Ltd., a Georgia limited partnership; Waterbury Apartments of Clarke County, Ltd. (L.P.) f/k/a Waterbury Apartments of Clarke County, Ltd., a Georgia limited partnership.
c/o Nelson Mullins Riley & Scarborough, L.L.P.
By: Brooks C. Marro
201 17th Street, N.W., Suite 1700
Atlanta, Georgia 30363
(404) 322-6000
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
THOMAS COUNTY,
GEORGIA PROPERTY
[SEE ATTACHED]
File No.: NCS-473500-HOU1
Parcel 1:A portion of that tract or parcel of land situate, lying and being in the City of Thomasville, Thomas County, Georgia, and being more particularly described on a plat of survey for will Roy Cooly, and W. C. Childs by Frank E. Carlton, Ga. Reg. Surveyor dated March 26, 1982, a copy of which said plat is recorded in Plat Book5,folio178, of the Public Records of Thomas County, Georgia, and being more particularly described as follows:To reach the point of beginning commence at the point formed by the intersection of the southerly right of way of Remington Avenue with the easterly right of way of Covington Avenue, run thence South 27 degrees 47 minutes 08 seconds East along the easterly right of way of Covington Avenue 275.85 feet to a point, run thence South 27 degrees 15 minutes 25 seconds East 19.18 feet to a 1/2 inch diameter iron pin, run thence South 19 degrees 42 minutes 11 seconds East 254.50 feet to a 1/2 inch diameter iron pin on the easterly right of way of Covington Avenue said iron pin marking the point of beginning of the land herein described, run thence southeasterly along the easterly right of way of Covington Avenue along a curve concave to the West having a radius of 1040.00 feet a distance of 204.88 feet to a 1/2 inch diameter pin that lies South 07 degrees 02 minutes East 204.55 feet from the point of beginning, said point being the point of tangent, run thence South 01 degree 23 minutes 08 seconds East along the easterly right of way of Covington Avenue 224.73 feet to a 1/2 inch diameter iron pin, run thence North 59 degrees 13 minutes 18 seconds East 453.21 feet to a 1/2 inch diameter iron pin on the westerly boundary of Block "A", Royal Estates Subdivision, run thence North 27 degrees 48 minutes West along said westerly boundary of Royal Estates Subdivision 254.0 feet to a 1/2 inch diameter iron pin, run thence South 63 degrees 12 minutes 04 seconds West 100.00 feet to a 1/2 inch diameter pin, run thence North 23 degrees 17 minutes 56 seconds West 69.00 feet to a 1/2 inch diameter iron pin, run thence North 33 degrees 28 minutes 36 seconds West 31.38 feet to a 1/2 inch diameter iron pin, run thence South 56 degrees 53 minutes 04 seconds West 85.00 feet to a 1/2 inch diameter iron pin, run thence South 74 degrees 23 minutes 04 seconds West 100.00 feet to the point of beginning.Together with an easement for ingress and egress as recorded in Book172,Page23 of the Public Records of Thomas County, Georgia.Said easement was modified by a New Easement recorded in Book243,Page200 of the Public Records of Thomas County, Georgia.Parcel 2:A portion of that tract or parcel of land situate, lying and being in the City of Thomasville, Thomas County, Georgia, and being more particularly described on a plat of survey for Will Roy Cooly, and W.C. Childs by Frank E. Carlton, Ga. Reg. Surveyor dated March 26, 1982, a copy of which said plat is recorded in Plat Book5,Folio178, of the Public Records of "Thomas County, Georgia, and being more particularly described as follows:To reach the point of beginning commence at the point formed by the intersection of the southerly right of way of Remington Avenue with the easterly right of way of Covington Avenue, run thence South 27 degrees 47 minutes 08 seconds East along the easterly right of way of Covington Avenue 275.85 feet to a point; run thence South 27 degrees 15 minutes 25 seconds East 19.18 feet to a 1/2 Inch diameter iron pin on the easterly right of way of Covington Avenue, said iron pin marking the point of beginning of the land herein described; run thence southeasterly along the right of way of Covington Avenue along a curve concave to the West having a radius of 1040.00 feet a distance of 255.14 feet to a 1/2 inch diameter iron pin that lies South 19 d99rees 42 minutes 11 seconds East 245.50 feet from the point of beginning; runthence North 74 degrees 23 minutes 04 seconds East 100.00 feet to a 1/2 inch diameter iron pin; run thence North 56 degrees 53 minutes 04 seconds East 85.00 feet to a 1/2 inch diameter iron pin, run thence South 33 degrees 28 minutes 36 seconds East 31.38 feet to a 1/2 inch diameter iron pin; run thence South 23 degrees 17 minutes 56 seconds East 69.00 feet to a 1/2 inch diameter iron pin; run thence North 63 degrees 12 minutes 04 seconds East 100.00 feet to a 1/2 inch diameter iron pin on the westerly boundary of Block "A", Royal Estates Subdivision; run thence North 27 degrees 48 minutes West along said westerly boundary of Royal Estates Subdivision 414.67 feet to a 1/2 inch diameter iron pin; run thence South 51 degrees 08 minutes 39 seconds West 248.81 feet to the point of beginning.Containing 1.930 acres.Together with an easement for ingress and egress as described in Book172,Folio23 of the Public Records of Thomas County, Georgia.
00034064
07/13,20,27;08/03/12