View original fileSTATE OF GEORGIA OF A WALL, A DISTANCE OF 37.0 FEET TO AN IRON PIN; SOUTH 01 right or interest therein; COUNTY OF MUSCOGEE DEGREE 13 AND 1½ MINUTES WEST A DISTANCE OF 3.21 FEET TO (e) All Equipment now owned, or the ownership of which is hereafter ac-
NOTICE OF SALE UNDER POWER AN IRON PIN; SOUTH 89 DEGREES 04 MINUTES EAST A DISTANCE quired, by Borrower which is so related to the Land or the Additional OF 140.19 FEET TO AN IRON PIN; NORTH 00 DEGREES 27 MINUTES Land and Improvements forming part of the Property that it is deemed
COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, AS EAST A DISTANCE OF 188.0 FEET TO AN IRON PIN LOCATED ON THE fixtures or real property under the law of the particular state in which TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF BMO 2023- CENTERLINE OF DRAM BRANCH; RUNNING THENCE SOUTHEAST- the Equipment is located, including, without limitation, all building or C7 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH ERLY, EASTERLY AND NORTHEASTERLY ALONG THE MEANDERING construction materials intended for construction, reconstruction, alter- CERTIFICATES, SERIES 2023-C7 AND THE UNCERTIFICATED INTEREST CENTERLINE OF SAID DRAM BRANCH, A DISTANCE OF 411 FEET, ation or repair of or installation on the Property, construction equipment, OWNERS (“Lender”), under and by virtue of the power of sale contained in MORE OR LESS, TO AN IRON PIN LOCATED AT THE INTERSECTION appliances, machinery, plant equipment, fittings, apparatuses, fixtures that certain Deed to Secure Debt, Assignment of Leases and Rents, Security OF THE CENTERLINE OF DRAM BRANCH WITH THE WESTERLY LINE and other items now or hereafter attached to, installed in or used in Agreement and Fixture Filing dated as of November 17, 2023, and recorded OF THE LINDSAY CREEK BY-PASS (SAID LAST MENTIONED IRON PIN connection with (temporarily or permanently) any of the Improvements on November 21, 2023, in Book 14283, Page 162 in the real estate records BEING LOCATED NORTH 81 DEGREES 49 AND ½ MINUTES EAST A or the Land or the Additional Land, including, but not limited to, engines, of Muscogee County, Georgia (as amended from time to time, the “Security DISTANCE OF 400.69 FEET FROM THE IRON PIN LOCATED ON THE devices for the operation of pumps, pipes, plumbing, cleaning, call and Instrument”), executed and delivered by RESIDENCE AT PATRIOT PLACE CENTERLINE OF SAID DRAM BRANCH DESCRIBED IN THE IMME- sprinkler systems, fire extinguishing apparatuses and equipment, heat- DE, LLC, a Delaware limited liability company (“Borrower”), to UBS AG, by DIATELY PRECEDING COURSE); RUNNING THENCE ALONG THE ing, ventilating, plumbing, laundry, incinerating, electrical, air condition- and through its BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, WESTERLY LINE OF THE LINDSAY CREEK BY-PASS THE FOLLOWING ing and air cooling equipment and systems, gas and electric machinery, NEW YORK, NEW YORK, a U.S. branch of a Swiss banking corporation COURSES AND DISTANCES; NORTH 04 DEGREES 09 MINUTES WEST appurtenances and equipment, pollution control equipment, security (“Original Lender”), as assigned by Original Lender to Lender, pursuant to A DISTANCE OF 15.57 FEET TO AN IRON PIN; NORTH 21 DEGREES systems, disposals, dishwashers, refrigerators and ranges, recreational that certain Assignment of Deed to Secure Debt, Assignment of Leases and 13 AND 1 MINUTES EAST A DISTANCE OF 135.09 FEET TO AN IRON equipment and facilities of all kinds, and water, gas, electrical, storm Rents, Security Agreement and Fixture Filing dated as of December 22, 2023, PIN; NORTH 07 DEGREES 52 AND ½ MINUTES WEST A DISTANCE OF and sanitary sewer facilities, utility lines and equipment (whether owned and recorded on March 14, 2024, in Deed Book 14360, Page 293 in the real 119.28 FEET TO AN IRON PIN AT THE SOUTHEASTERN CORNER OF individually or jointly with others, and, if owned jointly, to the extent of estate records of Muscogee County, Georgia (the “Assignment,” and together TRACT II; RUNNING THENCE NORTH 86 DEGREES 53 AND ½ MIN- Borrower’s interest therein) and all other utilities whether or not situat- with the Security Instrument, the “Security Deed”), which Security Deed se- UTES WEST ALONG THE SOUTHERN MARGIN OF TRACT II A DIS- cures indebtedness evidenced by that certain Promissory Note dated Novem- ed in easements, all water tanks, water supply, water power sites, fuel
TANCE OF 146.14 FEET TOA DRILL HOLE; RUNNING THENCE NORTH ber 17, 2023, in the original principal amount of $33,000,000.00, executed by stations, fuel tanks, fuel supply, and all other structures, together with all
88 DEGREES 34 AND 1 MINUTES WEST A DISTANCE OF 170.78 FEET Borrower in favor of Original Lender (the “Note”). accessions, appurtenances, additions, replacements, betterments and
TO AN IRON PIN; RUNNING THENCE SOUTH 88 DEGREES 37 MIN- substitutions for any of the foregoing and the proceeds thereof (collec- Lender, being the owner and holder of the Security Deed and acting in its UTES WEST A DISTANCE OF 213.74 FEET TO AN IRON PIN; RUNNING tively, the “Fixtures”). Notwithstanding the foregoing, “Fixtures” shall capacity as attorney-in-fact for Borrower, will sell at public outcry to the highest THENCE SOUTH 89 DEGREES 44 MINUTES WEST A DISTANCE OF not include any property which tenants are entitled to remove pursuant bidder for cash before the Courthouse door of Muscogee County, Georgia, 184.93 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 88 DE- to leases except to the extent that Borrower shall have any right or in- within the legal hours of sale on July 7, 2026, certain real property legally GREES 39 MINUTES WEST A DISTANCE OF 268.88 FEET TO AN IRON terest therein; described as (or so much thereof as has not, as of the first Tuesday, been PIN; RUNNING THENCE THE FOLLOWING TO AN IRON PIN; NORTH (f) All furniture, furnishings, objects of art, machinery, goods, tools, sup- released by duly recorded instrument from the Security Deed): 87 DEGREES 32 AND ½ MINUTES WEST A DISTANCE OF 55.0 FEET plies, appliances, general intangibles, contract rights, accounts, ac-
TO AN IRON PIN ON THE SOUTHEASTERN MARGIN OF BUENA VISTA TRACT I counts receivable, franchises, licenses, certificates and permits, and all
ROAD; SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A RADI- ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING other personal property of any kind or character whatsoever (as defined
US OF 1.596.02 FEET A DISTANCE OF 120.56 FEET TO AN IRON PIN; IN THE STATE OF GEORGIA, COUNTY OF MUSCOGEE AND CITY OF in and subject to the provisions of the Uniform Commercial Code, as
SOUTH 39 DEGREES 06 MINUTES WEST A DISTANCE OF 26.65 FEET COLUMBUS, AND BEING PARTS OF LAND LOTS 110 AND 119, AND hereinafter defined), other than Fixtures, which are now or hereafter
TO THE POINT OF BEGINNING. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: owned by Borrower and which are located within or about the Land or BEGINNING AT AN IRON PIN LOCATED AT THE INTERSECTION OF THE ABOVE-DESCRIBED PROPERTY IS DESIGNATED “TRACT III” ON the Additional Land and the Improvements, together with all accesso- THE SOUTHEASTERLY LINE OF THE RIGHT-OF-WAY OF BUENA VIS- THAT CERTAIN PLAT OF SURVEY ENTITLED “SURVEY FOR WILLOW ries, replacements and substitutions thereto or therefor and the pro- TA ROAD WITH THE EASTERLY LINE OF THE 60 FEET RIGHT-OF-WAY CREEK ASSOCIATES. PART OF LAND LOTS 110, 118 & 119, COWE- ceeds thereof (collectively, the “Personal Property”), and the right, title OF FAIR OAKS DRIVE AND FROM SAID POINT OF BEGINNING RUN- TA RESERVE, COLUMBUS, MUSCOGEE COUNTY, GEORGIA”, PRE- and interest of Borrower in and to any of the Personal Property which NING THENCE SOUTH 16 DEGREES 21 MINUTES WEST, ALONG THE PARED BY MOON MEEKS & PATRICK, INC DATED APRIL 16, 1982, may be subject to any security interests, as defined in the Uniform Com- EASTERLY LINE OF SAID 60 FOOT RIGHT-OF-WAY OF FAIR OAKS AND RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR mercial Code, as adopted and enacted by the state or states where any DRIVE, A DISTANCE OF 258.92 FEET TO AN IRON PIN LOCATED AT COURT OF MUSCOGEE COUNTY, GEORGIA, IN PLAT BOOK 81, PAGE of the Property is located (the “Uniform Commercial Code”), superior THE NORTHWESTERLY CORNER OF THE PROPERTY NOW OR FOR- 31. TOGETHER WITH, AS TO THE ABOVE DESCRIBED TRACTS I, II, in lien to the security title of this Security Instrument and all proceeds MERLY BY MCCORLEW RUNNING THENCE SOUTH 89 DEGREES 39 AND III, THOSE APPURTENANT RIGHTS GRANTED BY A DEDICATION and products of the above; MINUTES EAST A DISTANCE OF 555.92 FEET TO AN IRON PIN; RUN- OF EASEMENT FREE WILLOW CREEK APARTMENTS, COLUMBUS (g) All leases, subleases, sub - subleases, usufructs, rental agreements,
NING THENCE SOUTH 00 DEGREES 32 MINUTES WEST A DISTANCE BANK AND TRUST COMPANY, NATIONAL LIFE INSURANCE COMPANY lettings, licenses, concessions, or other instruments or agreements
OF 298.11 FEET TO AN IRON PIN; RUNNING SOUTH 86 DEGREES 32 AND FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF COLUM- (whether written or oral and whether now or hereafter in effect) pursuant to which any Person is granted a possessory interest in, or right to use
MINUTES EAST A DISTANCE OF 300.4 FEET TO AN IRON PIN; RUN- BUS, SAID DEDICATION BEING DATED OCTOBER 25, 1977, AND HAV- or occupy all or any portion of any space on the Land, the Addition- NING THENCE SOUTH 85 DEGREES 48 AND ½ MINUTES EAST A DIS- ING BEEN RECORDED ON JANUARY 20, 1978, IN DEED BOOK 1699, al Land and/or the Improvements, and every modification, extension, TANCE OF 300.74 FEET TO AN IRON PIN; RUNNING THENCE SOUTH PAGES 35-41, AFORESAID RECORDS. guaranty, surety, or other instrument or agreement relating to such doc- 87 DEGREES 49 AND MINUTES EAST A DISTANCE OF 234.46 FEET TO LESS AND EXCEPT: ALL THAT TRACT OR PARCEL OF LAND DE- ument, instrument, or agreement, whether before or after the filing by AN IRON PIN LOCATED ON THE WESTERLY LINE OF THE LINDSAY SCRIBED IN RIGHT OF WAY DEED FROM PATRIOT PLACE 3700, LLC or against Borrower of any petition for relief under 11 U.S.C. §101 et CREEK BY-PASS; RUNNING THENCE NORTH 00 DEGREES 22 MIN- AND MGL PATRIOT LLC TO GEORGIA DEPARTMENT OF TRANSPOR- seq., as the same may be amended from time to time (the “Bankrupt-
UTES WEST ALONG THE WESTERLY LINE OF THE LINDSAY CREEK TATION, RECORDED OCTOBER 2, 2020, IN DEED BOOK 13112, PAGE cy Code”) (collectively, the “Leases”) and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including,
BY-PASS A DISTANCE OF 15.75 FEET TO A CONCRETE MONUMENT; 205, AFORESAID RECORDS. without limitation, any lease guaranties, letters of credit, cash or secu- RUNNING THENCE NORTH 09 DEGREES 17 AND ½ MINUTES WEST AS-SURVEYED rities deposited thereunder to secure the performance by the tenants ALONG THE WESTERLY LINE OF THE LINDSAY CREEK BY-PASS; A ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH BUILD- of their obligations thereunder and all rents, additional rents, revenues, DISTANCE OF 208.42 FEET TO A CONCRETE MONUMENT; RUNNING fees payable under the Leases (including, without limitation, any fees or
INGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING THENCE NORTH 04 DEGREES 09 MINUTES WEST ALONG THE WEST- other amounts payable in connection with the termination, cancellation
AND BEING IN CITY OF COLUMBUS, COUNTY OF MUSCOGEE, STATE or surrender of any Lease with respect to all or a portion of the space ERLY LINE OF THE LINDSAY CREEK BY-PASS A DISTANCE OF 456.49 OF GEORGIA. AND BEING MORE PARTICULARLY DESCRIBED AS: demised thereunder), issues and profits (including all oil and gas or oth- FEET TO AN IRON PIN LOCATED ON THE CENTERLINE OF DRAM BEGINNING AT A POINT LOCATED AT THE INTERSECTION OF er mineral royalties and bonuses) from the Land or the Additional Land BRANCH; RUNNING THENCE SOUTHWESTERLY, WESTERLY, AND THE SOUTHEASTERLY MARGIN OF BUENA VISTA ROAD (VARI- and the Improvements whether paid or accruing before or after the filing NORTHWESTERLY, ALONG THE MEANDERING CENTERLINE OF SAID ABLE-WIDTH PUBLIC RIGHT-OF-WAY) WITH THE EASTERLY MARGIN by or against Borrower of any petition for relief under the Bankruptcy DRAM BRANCH, A DISTANCE OF 411 FEET. MORE OR LESS, TO AN OF FAIR OAKS DRIVE (60 PUBLIC RIGHT-OF-WAY); FROM SAID POINT Code and all proceeds from the sale or other disposition of the Leases IRON PIN (SAID LAST MENTIONED IRON PIN BEING LOCATED SOUTH (collectively, the “Rents”) and the right to receive and apply the Rents to
OF BEGINNING AND THENCE RUNNING ALONG THE SOUTHEASTER- 81 DEGREES 49 ANDA MINUTES WEST A DISTANCE OF 400.69 FEET the payment of the Debt;
LY MARGIN OF THE ABOVE-MENTIONED BUENA VISTA ROAD N 39° FROM THE IRON PIN LOCATED AT THE INTERSECTION OF THE CEN- (h) All awards or payments, including interest thereon, which may hereto-
06’ 00” E FOR A DISTANCE OF 253.69 FEET TO THE BEGINNING OF fore and hereafter be made with respect to the Property, whether from TERLINE OF DRAM BRANCH WITH THE WESTERLY LINE OF THE A NON-TANGENTIAL CURVE SAID CURVE TURNING TO THE RIGHT the exercise of the right of eminent domain (including, but not limited LINDSAY CREEK BY-PASS); RUNNING THENCE SOUTH 00 DEGREES THROUGH AN ANGLE OF 01° 33’ 10”, HAVING A RADIUS OF 1596.02 to, any transfer made in lieu of or in anticipation of the exercise of the 27 MINUTES WEST A DISTANCE OF 188.0 FEET TO AN IRON PIN; FEET, AND WHOSE LONG CHORD BEARS N 39° 37’ 07” E FOR A DIS- right), or for a change of grade, or for any other injury to or decrease in RUNNING THENCE NORTH 89 DEGREES 04 MINUTES WEST A DIS- TANCE OF 43.25 FEET TO A POINT; THENCE, S 69° 22’ 33” E FOR A the value of the Property; TANCE OF 140.19 FEET TO AN IRON PIN; RUNNING THENCE NORTH (i) All proceeds of and any unearned premiums on any insurance policies
DISTANCE OF 9.73 FEET TO A POINT; THENCE, N 44° 46› 49” E FOR A 01 DEGREES 13 AND 1 MINUTES EAST A DISTANCE OF 3.21 FEET covering the Property, including, without limitation, the right to receive
DISTANCE OF 84.86 FEET TO A POINT; THENCE, S 87° 07’ 52” E FOR A TO AN IRON PIN; RUNNING THENCE NORTH 88 DEGREES 46 AND and apply the proceeds of any insurance, judgments, or settlements
DISTANCE OF 37.63 FEET TO A POINT; THENCE, N 02° 20’ 00” E FOR A made in lieu thereof, for damage to the Property; ½ MINUTES WEST A DISTANCE OF 37.0 FEET TO AN IRON PIN, SAID DISTANCE OF 38.17 FEET TO A POINT, THENCE, N 46° 46’ 37” E FOR (j) All refunds, rebates or credits in connection with reduction in real estate COURSE RUNNING ALONG THE CENTERLINE OF A WALL; RUNNING A DISTANCE OF 17.69 FEET TO A POINT; THENCE, DEPARTING SAID taxes and assessments charged against the Property as a result of tax THENCE SOUTH 1 DEGREE 13 AND 4 MINUTES WEST A DISTANCE OF RIGHT-OF-WAY, N 88° 39’ 00” E FOR A DISTANCE OF 256.47 FEET TO certiorari or any applications or proceedings for reduction; 3.40 FEET TO AN IRON PIN; RUNNING THENCE NORTH 89 DEGREES A POINT; THENCE N 89° 44’ 00” E A DISTANCE OF 184.93 FEET TO A (k) All proceeds of the conversion, voluntary or involuntary, of any of the 04 MINUTES WEST A DISTANCE OF 60.21 FEET TO AN IRON PIN; RUN- foregoing including, without limitation, proceeds of insurance and con-
POINT; THENCE, N 88° 37’ 00” Е FOR A DISTANCE OF 213.74 FЕЕТ ТO NING THENCE NORTH 00 DEGREES 56 MINUTES EAST A DISTANCE demnation awards, into cash or liquidation claims;
A POINT; THENCE, S 88° 34’ 30” E FOR A DISTANCE OF 170.78 FEET OF 150.16 FEET TO AN IRON PIN LOCATED ON THE CENTERLINE (l) The right, in the name and on behalf of Borrower, to appear in and de-
TO A POINT; THENCE, N 22° 02’ 30” W FOR A DISTANCE OF 350.64 fend any action or proceeding brought with respect to the Property and OF A SANITARY SEWER; RUNNING THENCE NORTH 65 DEGREES FEET TO A POINT ON THE SOUTHERLY MARGIN OF BUENA VISTA to commence any action or proceeding to protect the interest of Lender 44 MINUTES WEST. ALONG THE CENTERLINE OF SAID SANITARY ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE, ALONG in the Property; SEWER. A DISTANCE OF 248.69 FEET TO A POINT ON A MANHOLE SAID RIGHT-OF-WAY, N 67° 48’ 30” E FOR A DISTANCE OF 47.18 FEET (m) All agreements, contracts, certificates, instruments, letters of credit, COVER; RUNNING THENCE NORTH 70 DEGREES 09 MINUTES WEST TO A POINT; THENCE, DEPARTING SAID RIGHT-OF-WAY, S 22° 00’ 27” franchises, permits, licenses, plans, specifications and other docu- ALONG THE CENTERLINE OF SAID SANITARY SEWER. A DISTANCE ments, now or hereafter entered into, and all rights therein and thereto,
Е FOR A DISTANCE OF 79.60 FEET TO A POINT; THENCE, N 67° 58’ OF 260.05 FEET TO AN IRON PIN LOCATED ON THE SOUTHWESTER- respecting or pertaining to the use, occupation, construction, manage-
30” E FOR A DISTANCE OF 153.95 PEET TO A POINT ON THE WEST- LY LINE OF THE RIGHT-OF-WAY OF BUENA VISTA ROAD; AND RUN- ment or operation of the Land and any part thereof or the Additional
ERLY MARGIN OF INTERSTATE 185 (CONTROLLED-ACCESS PUBLIC Land and any part thereof and any Improvements or respecting any NING THENCE SOUTH 39 DEGREES 06 MINUTES WEST ALONG THE RIGHT-OF-WAY); THENCE, ALONG SAID RIGHT-OF-WAY, S 11° 15’ 30” business or activity conducted on the Land and any part thereof or the SOUTHEASTERLY LINE OF SAID RIGHT-OF-WAY OF BUENA VISTA E FOR A DISTANCE OF 252.79 FEET TO A POINT; THENCE, S 07° 52› Additional Land and any part thereof, and all right, title and interest of ROAD A DISTANCE OF 227.04 FEET TO THE POINT OF BEGINNING. 30” E FOR A DISTANCE OF 87.50 FEET TO A POINT; THENCE, S 07° 52’ Borrower therein and thereunder, including, without limitation, the right, THE ABOVE-DESCRIBED PROPERTY IS DESIGNATED “TRACT I” ON 30” E FOR A DISTANCE OF 119.28 KEET TO A POINT; THENCE, S 21° upon the happening of any default hereunder, to receive and collect any THAT CERTAIN PLAT OF SURVEY UNTITLED “SURVEY FOR WILLOW sums payable to Borrower thereunder;
13› 30” W FOR A DISTANCE OF 135.09 FEET TO A POINT; THENCE, S CREEK ASSOCIATES. PART OF LAND LOTS 110, 118 & 119, COWETA (n) All tradenames, trademarks, servicemarks, logos, copyrights, goodwill,
04° 09’ 00” E FOR A DISTANCE OF 15.57 FEET TO A POINT; THENCE, RESERVE, COLUMBUS MUSCOGEE COUNTY, GEORGIA”, PREPARED books and records and all other general intangibles relating to or used
DEPARTING SAID RIGHT-OF-WAY, S 04° 09’ 00” Е FOR A DISTANCE OF in connection with the operation of the Property; BY HOON, MEEKS & PATRICK, INC., DATED APRIL 16, 1982, AND RE- 456.49 FEET TO A POINT; THENCE, S 09° 17’ 30” E FOR A DISTANCE (o) All reserves, escrows and deposit accounts maintained by Borrower CORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF 208.42 FEET TO A POINT, THENCE, S 00° 22’ 00” E FOR A DIS- with respect to the Property, including, without limitation, the Clearing OF MUSCOGEE COUNTY, GEORGIA, IN PLAT BOOK 81, PAGE 31. TANCE OF 15.75 FEET TO A POINT; THENCE, N 87° 19’ 30” W FOR A Account and the Cash Management Account, together with all deposits TRACT II DISTANCE OF 231.16 FEET TO A POINT; THENCE, N 86° 48› 30” W FOR or wire transfers made to such accounts, all cash, checks, drafts, certifi-
cates, securities, investment property, financial assets, instruments and ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND A DISTANCE OF 300.74 FEET TO A POINT; THENCE, N 86° 32› 00” W other property held therein from time to time and all proceeds, products, LOTS 118 AND 119, COWETA RESERVE, MUSCOGEE COUNTY, GEOR- FOR A DISTANCE OF 301.36 FEET TO A POINT, THENCE, N 00° 32’ 00” distributions or dividends or substitutions thereon and thereof; GIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: E FOR A DISTANCE OF 305.29 FEET TO A POINT; THENCE, N 89° 39› (p) All letter -of -credit rights (whether or not the letter of credit is evidenced TO FIND THE POINT OF BEGINNING COMMENCE AT A CONCRETE 00” W FOR A DISTANCE OF 555.92 FEET TO A POINT ON THE EASTER- by a writing) that Borrower now has or hereafter acquires relating to the MONUMENT LOCATED AT THE INTERSECTION OF THE SOUTHEAST- LY MARGIN OF FAIR OAKS DRIVE (60’ PUBLIC RIGHT-WAY); THENCE, properties, rights, titles and interests referenced herein; ERN MARGIN OF BUENA VISTA ROAD WITH THE WESTERN MARGIN ALONG SAID RIGHT OF-WAY N 16° 21’ 00” E FOR A DISTANCE OF (q) All commercial tort claims that Borrower now has or hereafter acquires OF LINDSAY CREEK BY-PASS AND RUN THENCE SOUTH 67 DEGREES 258.92 FEET TO THE POINT OF BEGINNING. CONTAINING 23.703 relating to the properties, rights, titles and interests referenced herein;
(r) All proceeds of any of the foregoing, including, without limitation, pro- 48 AND MINUTES WEST A DISTANCE OF 77.59 FEET TO A CONCRETE ACRES. MORE OR LESS. ceeds of insurance and condemnation awards, whether cash, liquida- MONUMENT; RUN THENCE NORTH 22 DEGREES 11 AND 14 MINUTES ALL MATTERS SHOWN ON THAT CERTAIN ALTA/NSPS LAND TITLE tion or other claims or otherwise; and WEST A DISTANCE OF 15.0 FEET TO A CONCRETE MONUMENT; RUN SURVEY OF 3626, 3700, & 3708 BUENA VISTA ROAD, DATED SEPTEM- Any and all other rights of Borrower in and to the items set forth in Subsections THENCE SOUTH 67 DEGREES 48 AND 1 MINUTES WEST A DISTANCE BER 15, 2023, LAST REVISED NOVEMBER 10, 2023 PREPARED FOR (a) through (r) above. OF 104.02 FEET TO AN IRON PIN AT THE POINT OF BEGINNING; RUN RESIDENCE AT PATRIOT PLACE DE, LLC, UBS AG, BY AND THROUGH THENCE SOUTH 22 DEGREES 00 AND 1½ MINUTES EAST A DISTANCE ITS BRANCH OFFICE AT 1285 AVENUE OF THE AMERICAS, NEW To the best knowledge of Lender, the Property is in the legal pos- OF 160.0 FEET TO AN IRON PIN; RUN THENCE NORTH 67 DEGREES YORK, NEW YORK, AND THEIR RESPECTIVE SUCCESSORS AND/ session of Borrower.
The Property will be sold on an “AS IS, WHERE IS” basis without recourse 58 AND MINUTES EAST A DISTANCE OF 153.95 FEET TO AN IRON OR ASSIGNS, CONTINENTAL LAND TITLE COMPANY. & OLD REPUB- against Lender, without representation or warranty of any kind or nature what- PIN ON THE WESTERN MARGIN OF LINDSAY CREEK BYPASS RUN LIC NATIONAL TITLE INSURANCE COMPANY PREPARED JONATHAN soever with respect thereto, without any assurance afforded to the exact acre- THENCE SOUTH 11 DEGREES 15 AND ½ MINUTES EAST ALONG THE MURPHY PROFESSIONAL LAND SURVEYING, AND CERTIFIED BY age and square footage contained in the Land description, and subject to all of WESTERN MARGIN OF LINDSAY CREEK BY-PASS A DISTANCE OF JAMES S. MURPHY, G.R.L.S. NO. 2492. the following, without limitation: 252.79 FEET TO A CONCRETE MONUMENT; RUN THENCE SOUTH 07 (a) all outstanding taxes, assessments, and utility bills which are valid liens DEGREES 52 AND ½ MINUTES EAST ALONG THE WESTERN MARGIN TOGETHER WITH (collectively, the “Property”): and encumbrances upon any of the Property and which are prior in right OF LINDSAY CREEK BY-PASS A DISTANCE OF 87.50 FEET TO AN IRON (a) All additional lands, estates and development rights hereafter acquired to the lien and security interest of Lender (including taxes which are
PIN; RUN THENCE NORTH 86 DEGREES 53 AND ½ MINUTES WEST A by Borrower for use in connection with the Land and the development liens, but not yet payable);
DISTANCE OF 146.14 FEET TO A DRILL HOLE; RUN THENCE NORTH of the Land or for any other use and all additional lands and estates (b) any and all easements, restrictions, covenants, encumbrances and oth-
22 DEGREES 02 AND MINUTES WEST A DISTANCE OF 431.04 FEET therein which may, from time to time, by supplemental deed to secure er matters which would be revealed by an inspection or accurate survey
TO AN IRON PIN LOCATED ON THE SOUTHEASTERN MARGIN OF debt or otherwise be expressly made subject to the security title of this of the Land; (c) all valid zoning ordinances;
THE RIGHT-OF-WAY OF BUENA VISTA ROAD; RUN THENCE NORTH Security Instrument regardless of the ownership thereof (collectively, the (d) any and all easements, limitations, restrictions, reservations, covenants, 67 DEGREES 48 AND ½ MINUTES EAST ALONG THE SOUTHEAST- “Additional Land”); and encumbrances of record to which the Security Deed is subordinate ERN MARGIN OF SAID RIGHT-OF-WAY A DISTANCE OF 47.23 FEET (b) The buildings, structures, fixtures, additions, enlargements, extensions, in terms of priority;
TO THE POINT OF BEGINNING. THE ABOVE-DESCRIBED PROPERTY modifications, repairs, replacements and improvements now or hereaf- (e) confirmation and audit of the status of the loan evidenced by the Note;
IS DESIGNATED “TRACT II” ON THAT CERTAIN PLAT OF SURVEY EN- ter erected or located on the Land or the Additional Land (collectively, and (f) the effect of the United States Bankruptcy Code.
TITLED “SURVEY FOR WILLOW CREEK ASSOCIATES, PART OF LAND the “Improvements”);
LOTS 110, 118 & 119, COWETA RESERVE, COLUMBUS, MUSCOGEE (c) All easements, rights -of -way or use, rights, strips and gores of land, The proceeds of the sale of the Property will be applied in accordance
COUNTY. GEORGIA”, PREPARED BY HOON, MEEKS & PATRICK, INC., streets, ways, alleys, passages, sewer rights, water, water courses, wa- with the Security Deed to the payment of the indebtedness owed to Lender under the Security Deed and Note, and to the payment of all expenses of sale
DATED APRIL 16, 1982, AND RECORDED IN THE OFFICE OF THE ter rights and powers, air rights and development rights, and all estates,
CLERK OF THE SUPERIOR COURT OF MUSCOGEE, GEORGIA, IN rights, titles, interests, privileges, liberties, servitudes, tenements, he- to the extent provided by Georgia law. Lender reserves the right to credit bid
PLAT BOOK 81, PAGE 31. reditaments and appurtenances of any nature whatsoever, in any way at the sale all or a portion of the unpaid indebtedness owed to Lender under the Security Deed and Note.
now or hereafter belonging, relating or pertaining to the Land, the Ad- TRACT III ditional Land and the Improvements and the reversion and reversions, Notice has been given, in writing and by statutorily sufficient delivery, to Bor- ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND remainder and remainders, and all land lying in the bed of any street, rower containing the name, address, and telephone number of the individual LOTS 110 AND 119, COWETA RESERVE, MUSCOGEE COUNTY, GEOR- road or avenue, opened or proposed, in front of or adjoining the Land, to or entity who shall have full authority to negotiate, amend, and modify all terms
of the Security Deed and Note thereby secured in accordance with O.C.G.A. § GIA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: the center line thereof and all the estates, rights, titles, interests, dower 44-14-162.2(a), and such person may be contacted by and through his agent, TO FIND THE POINT OF BEGINNING COMMENCE AT AN IRON PIN LO- and rights of dower, curtesy and rights of curtesy, property, possession, counsel for Lender at the name, address and telephone number below. CATED AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF claim and demand whatsoever, both at law and in equity, of Borrower THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OB- THE RIGHT-OF-WAY OF BUENA VISTA ROAD WITH THE EASTERLY of, in and to the Land or the Additional Land and the Improvements and TAINED IN THIS REGARD WILL BE USED FOR THE PURPOSE OF COL- LINE OF THE 60 FOOT RIGHT-OF-WAY OF FAIR OAKS DRIVE, AND every part and parcel thereof, with the appurtenances thereto; LECTION. RUN NORTH 39 DEGREES 06 MINUTES EAST A DISTANCE OF 227.04 (d) All “equipment,” as such term is defined in Article 9 of the Uniform Com- COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, AS FEET TO AN IRON PIN AT THE NORTHWESTERN CORNER OF TRACT mercial Code (as hereinafter defined), now owned or hereafter acquired TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF BMO 2023-
C7 MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH I AND THE POINT OF BEGINNING; RUNNING THENCE ALONG THE by Borrower, which is used at or in connection with the Improvements CERTIFICATES, SERIES 2023-C7 AND THE UNCERTIFICATED INTEREST BOUNDARY OF TRACT I THE FOLLOWING COURSES AND DISTANC- or the Land or the Additional Land or is located thereon or therein (in- OWNERS, as attorney-in-fact for RESIDENCE AТ PATRIOT PLACE DE, ES; SOUTH 70 DEGREES 09 MINUTES EAST A DISTANCE OF 260.05 cluding, but not limited to, all machinery, equipment, furnishings, and LLC, a Delaware limited liability company FEET TO A POINT ON A MANHOLE COVER; SOUTH 65 DEGREES 44 electronic data-processing and other office equipment now owned or MINUTES EAST A DISTANCE OF 248.69 FEET TO AN IRON PIN; SOUTH hereafter acquired by Borrower and any and all additions, substitutions Counsel for Lender: 00 DEGREES 56 MINUTES WEST A DISTANCE OF 150.18 FEET TOAN and replacements of any of the foregoing), together with all attach- Gwendolyn J. Godfrey IRON PIN; SOUTH 89 DEGREES 04 MINUTES EAST A DISTANCE ments, components, parts, equipment and accessories installed there- Polsinelli PC
1201 West Peachtree Street NW, Suite 1100 OF 60.21 FEET TO AN IRON PIN; NORTH 01 DEGREES 13 AND MIN- on or affixed thereto (collectively, the “Equipment”). Notwithstanding Atlanta, Georgia 30309 UTES EAST A DISTANCE OF 3.40 FEET TO AN IRON PIN; SOUTH 88 the foregoing, Equipment shall not include any property belonging to 404.253.6029 DEGREES 46 AND 1 MINUTES EAST, AND ALONG THE CENTERLINE tenants under leases except to the extent that Borrower shall have any