WM4093 NOTICE OF SALE UNDER POWER GEORGIA, WALKER COUNTY WHEREAS, Rome Hosiery Mills, LLC, a Georgia limited liability company ("Borrower") executed and delivered to Wachovia Bank, National Association ("Lender") that certain Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement, made as of June 8, 2004, recorded June 15, 2004, in Deed Book 1257, Page 763, in the Superior Court Clerk's Office of Walker County, Georgia (the "Records"); as amended by that certain Amendment to Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement, made as of May __, 2006, recorded April 22, 2008, in Deed Book 1551, Page 253, of the Records; as further amended by that certain Second Amendment to Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement, made as of March __, 2008, recorded April 22, 2008, in Deed Book 1551, Page 260, of the Records (collectively, the Security Instrument); and WHEREAS, under and pursuant to the Security Instrument, Borrower did irrevocably pledge, grant, convey and assign to Lender, all estate, right, title and interest which Borrower then had or may thereafter acquire in, to, under or derived from any or all of the following property (the Property): EXHIBIT A LEGAL DESCRIPTION All that tract or parcel of land situate, lying and being in the 7th District and 4th Section of Walker County, Georgia and in the City of LaFayette and being more particularly described as follows: The east 15 feet of Lot 8, and all of Lots 9, 10 and 11 in Block 'A' of the N. C. Napier Estate, as shown by plat thereof prepared by Julius Rink dated May 19, 1939 and recorded in Plat book 1, Page 259, in the Office of the Clerk of the Superior Court of Walker County, Georgia, bounded as follows: On the north by Patton Avenue (formerly Cherry Street); on the east by Duke Street, on the south by Napier Street, and on the west by a line parallel with the 100 feet 8 inches west of the west line of Duke Street. Being a part of the property conveyed to E. D. Pennington and wife, Velma K. Pennington by deed dated October 25, 1954 and recorded in Deed Book 17 1, Page 345 and being all of that property conveyed by Velma K. Pennington to J. W. Hobbs by Warranty Deed dated February 3, 1976 and recorded in Deed Book 415, page 768, both Walker County Deed Records. Being all of that property conveyed by J. W. Hobbs to Commplus, Inc. to Edward P. Burney and Catheran W. Burney by Warranty Deed with right of survivorship dated August 21, 1987 and recorded in Deed Book 578, Page 679, both Walker County Deed Records. SUBJECT to the restrictions and conditions imposed upon said land by deed from Raymond L. Abney to E. D. Pennington and wife, Velma K. Pennington, dated September 25, 1952 and recorded in Deed Book 152, Page 401: by deed from E. D. Pennington and wife, Velma K. Pennington to Freeman C. McClure dated October 29, 1954 and recorded in Deed Book 171, Page 347 and by instrument between Freeman C. McClure and E. D. Pennington and wife, Velma K. Pennington dated March 31, 1955 and recorded in Deed Book 174, Page 264, in the Office of the Clerk of the Superior Court of Walker County, Georgia. WHEREAS, under and pursuant to the Security Instrument, Borrower did also grant and convey to Lender a security interest to secure payment and performance of the obligations owed by Borrower in all of the following described personal property and fixtures in which Borrower then had or at any time thereafter had any interest (the Collateral): All buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all of Borrower's interest in 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, awnings and storm sashes, which are or shall be attached to the premises and all other furnishings, furniture, fixtures, machinery and equipment 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, operating or enjoyments 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 foregoing, and all the right, title and interest of Borrower in any such fixtures, machinery and equipment 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; and all machinery, equipment and fixtures 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 Borrower and Lender and all persons claiming by, through or under them. All of Borrower's interest in all building materials, fixtures, building machinery and building equipment delivered on site to the real estate during the course of, or in connection with, construction of the buildings and improvements. 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, trees, timber and other emblements now or hereafter located on the Property or under or above the same or any part or parcel thereof or appurtenant to the title to the Property, 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. 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. All and singular the rights, tenements, hereditaments, members and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the premises hereinabove mentioned or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Borrower, including but not limited to, all rents, profits, issues and revenues of the Premises from time to time accruing, whether under leases or tenancies now existing or hereafter created. All receivables, room rents, leases, tenant contracts and rental agreements and other contracts, licenses and permits (all of which are sometimes hereinafter referred to as the "Leases") now or hereafter affecting or in any manner relating to the premises, or any part thereof, together with all of Borrower 's rights and powers thereunder to cancel, accept the surrender of or materially modify any of the terms thereof without Lender's prior written consent. All of the rents, tenant reimbursements, incomes, issues and profits which shall hereafter become due to or be paid to Borrower for the use of the premises or any part thereof, all rents, tenant reimbursements, incomes, issues and profits arising under the Leases or any thereof, and all unrefunded security and other deposits (hereinafter referred to as the "Deposits") paid to anyone in connection with the occupancy of the premises or any part thereof (all of which are sometimes hereinafter referred to as the " Rents "), reserving to Borrower a license to collect the Rents and to hold the Deposits which license shall terminate automatically without notice upon the occurrence of an Event of Default, as defined in the Deed to Secure Debt, Assignment of Leases and Rents and Security Agreement, from Borrower to Lender encumbering the premises, and upon the occurrence of an Event of Default, Lender shall be entitled to the Rents and Deposits without the necessity of Lender's taking any action whatsoever, and the Rents and Deposits shall thereupon be deemed cash collateral for all purposes, including without limitation for purposes of Section 363 of Title 11 of the United States Code, as the same may be amended. WHEREAS, the indebtedness secured by the Security Instrument 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). NOW, THEREFORE, under and pursuant to the power of sale contained in the Security Instrument and according to the terms of the Security Instrument and applicable laws (including, without limitation, the provisions of O.C.G.A. Section 11-9-601, et. seq.), Lender will expose the Property and the Collateral for sale, at public auction to the highest bidder, for cash on the first Tuesday in September, 2012, during the legal hours for sale of the Property, before the Courthouse steps of the Superior Court of Walker County, Georgia. 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, rights of tenants under leases and all matters of record superior to the Security Instrument first set out above. The Property and the Collateral 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 (including, without limitation, warranties relating to title, possession, quiet enjoyment or the like), with no assurance afforded as to the exact acreage of the Property. Lender may sell the Property and the Collateral or any part thereof in such manner and order as Lender may elect, and Lender may sell that portion of Property and Collateral which, under the laws of the State of Georgia, constitutes an estate or interest in real estate separately from that portion of the Property and Collateral which, under the laws of the State of Georgia, constitutes personalty and not an interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale or lot, in which case a single bid will be taken therefor. Notice of the undersigned's intent shall be given by announcement made at the commencement of the public sale(s). To the best of the undersigneds knowledge and belief, the Property and the Collateral are presently owned by Borrower, and Borrower is the party in possession of the Property and Collateral. Persons interested in information regarding the Property or the Collateral or making an offer to purchase should contact the undersigned prior to the date of the sale(s). The Borrower is entitled to an accounting of the unpaid indebtedness secured by the Property and Collateral, and Borrower is entitled to request an accounting by contacting the undersigned at the information provided below. WELLS FARGO BANK, NATIONAL ASSOCIATION, successor-in-interest by merger to Wachovia Bank, National Association As Attorney-in-Fact for Rome Hosiery Mills, LLC c/o Nelson Mullins Riley & Scarborough LLP Attn: Brooks C. Marro 201 17th Street, N.W., Suite 1700 Atlanta, Georgia 30363 (404) 322-6000 wm8/8,15,22,29