Notice of Sale Under Power
Muscogee County, Georgia
Under and by virtue of the Power of Sale contained in that certain Commercial Deed to Secure Debt and Security Agreement given by Kong Real Estate Holdings, LLC, ("Borrower") to Truist Bank ("Lender") dated March 19, 2021, recorded March 24, 2021, in Deed Book 13334, Page 341, Muscogee County, Georgia official records (the "Security Deed" conveying the property described below to secure a debt evidenced by that certain commercial note (the "Note") dated March 19, 2021 made payable by Borrower to the order of Lender in the stated principal amount of $3,900,000.00, as amended and/or modified (collectively, the "Secured Indebtedness"), and pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including without limitations, O.C.G.A. §11-9-601 et seq. there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Muscogee County, Georgia (or at such other location as may be lawfully designated in Muscogee County for conducting sheriff's sales and/or public foreclosure sales), within the legal hours of sale on the first Tuesday in November 2026 (being November 3rd, 2026) the following described properties located in Muscogee County, Georgia, together with all improvements, fixtures, equipment, easements, hereditaments, rights, members, appurtenances, and personal property located thereon and described in the Security Deed (collectively, the "Property"):
EXHIBIT "A"
Exhibit A to attached Deed to Secure Debt and Security Agreement, dated March 19, 2021 by KONG REAL ESTATE HOLDINGS, LLC, a Georgia limited liability company ("Grantor).
MUSCOGEE COUNTY
TRACT I
3031-3033 Williams Road, Columbus, Georgia 31909
ALL THAT TRACT or parcel of land lying and being in Land Lot 293 of the 19th District of Muscogee County, Georgia, being known and designated as all of Parcel "A", 1.135 acres, as shown upon a survey thereof, dated July 29, 2003, made by Thomas L. French, Jr., as more particularly described on a plat recorded in Plat Book 149, Page 70, Records of Muscogee County, Georgia, which plat is incorporated herein by reference hereto.
TOGETHER WITH those easement rights arising under that certain Limited Warranty Deed from ADC Building, LLC, a Georgia limited liability company and Anchor Group, LLC, a Georgia limited liability company, dated February 29, 2016, filed for record March 4, 2016 at 2:58 p.m., recorded in Deed Book 11755, page 226, aforesaid Records.
TOGETHER WITH:
TRACT II
1110 13th Street Columbus, Georgia 31901
All that tract or parcel of land, together with all improvements thereon known as 1110 Thirteenth Street, Columbus, Georgia, shown and designated as Parcel "100A" on that certain plat of survey dated January 2, 2018, prepared by Bobby R. Hobbs, Registered Land Surveyor of record in Plat Book 165, Page 226, in the Office of the Clerk of Superior County of Muscogee County, Georgia, which said plat is by this reference incorporated herein in aid of this description. Said tract is more particularly described with reference to said plat as follows, to wit: Begin at an iron pin located at the southeast angle of intersection of Thirteenth Street and Eleventh Avenue and from said point run thence north 88 degrees 25 minutes 41 seconds east a distance of 177.83 feet to an iron pin; run thence south 01 degree 32 minutes 56 seconds east a distance of 170.60 feet to a point; run thence south 89 degrees 02 minutes 21 seconds west a distance of 28.00 feet to a point; run thence south 01 degree 32 minutes 56 seconds east a distance of 24.93 feet to a point; run thence south 88 degrees 30 minutes 00 seconds west a distance of 157.56 feet to a point on the easterly side of Eleventh Avenue; run thence along the easterly side of Eleventh Avenue north 00 degrees 21 minutes 00 seconds east a distance of 11.00 feet to a point: and run north 00 degrees 44 minutes 30 seconds east a distance 184.19 feet to the point of beginning.
TOGETHER WITH those easement rights arising under that certain Limited Warranty Deed from Columbus Health Enterprises, LLC to Kong Real Estate Holdings, LLC, a Georgia limited liability company, dated February 20, 2018, filed for record February 28, 2018 at 11:06 a.m., recorded in Deed Book 12315, Page 127, Records of Muscogee County, Georgia.
TOGETHER WITH
TRACT III
959 17th Street, Columbus, Georgia 31901
All that tract or parcel of land situate, lying and being in the City of Columbus, Muscogee County, Georgia being part of Block J of the Cowdery Survey and embraced within the following boundaries, to wit:
BEGINNING at a concrete monument located on the north side of 17th Street 45.06 feet North 84 degrees 32 minutes West of the intersection to said North Side of 17th Street with what was previously the western right-of-way line of 10th Avenue, and running thence North 84 degrees 32 minutes West of the intersection of said north side of 17th Street 128.72 feet to an iron on the eastern right of way line of Southern Railroad, thence North 08 degrees 37 minutes West along said right-of-way line of 152.56 feet to an iron, thence South 85 degrees 55 minutes East 171.17 feet to a concrete monument located on the newly established western right-of-way line of 10th Avenue; thence South 01 degrees 49 minutes West along said newly established right-of-way line of 10th Avenue 137.47 feet to a monument; and thence south 48 degrees 38 minutes West 20.53 feet to the point of beginning.
Said tract or parcel is shown on that certain map or play entitled "R/W Survey 10th Avenue Improvements, Part of Block "J", Cowdery Survey, Columbus, Muscogee County, Georgia" made by Hobbs, Smith & Associates, Inc. dated September 20, 1982, recorded in Plat Book 105, Folio 31, of the records in the Office of the Clerk of Superior Court of Muscogee County, Georgia, to which plat reference is made for a more complete and accurate description of the real property herein conveyed.
The above-described property is real and personal property located at 3031-3033 Williams Road, Columbus, Georgia 31909; 1110 13th Street Columbus, Georgia 31901; and 959 17th Street, Columbus, Georgia 31901, according to the current system of numbering property in Muscogee County, Georgia.
Debtor is entitled to an accounting of the unpaid indebtedness secured by the Collateral that we intend to sell for a charge of $250.00. You may request an accounting by contacting Graham H. Stieglitz at gstieglitz@burr.com or (404) 685-4316.
The undersigned may sell that portion of the Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate (the "Mortgaged Real Property") separately from that portion of the Property as constitutes under the laws of the State of Georgia personalty and not an interest in real estate (the "Mortgaged Personal Property"), in which case separate bids will be taken therefor, or collectively in a single sale and 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.
The Mortgaged Personal Property includes furniture, fixtures and equipment as set forth in the Loan Documents. The Mortgaged Personal Property 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 and such sale is without recourse to Lender or any other person acting for or on behalf of Lender. The Mortgaged Personal Property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the Mortgaged Personal Property and which are prior in right.
The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness being in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorneys' fees (written notice of intent to collect attorneys' fees having been given).
Said property will be sold subject to any matters of record superior to the Security Deed, including without limitation, (a) outstanding ad valorem taxes with a senior lien priority to the Security Deed (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, or other matters of record with a senior lien priority to the Security Deed.
To the best knowledge and belief of the undersigned, the party in possession of the property is Borrower or a tenant or tenants claiming through them.
BURR & FORMAN, LLP Attorney-in-Fact and Agent for TRUIST BANK
Graham H. Stieglitz
Burr & Forman LLP
1075 Peachtree Street, N.E.
Suite 3000
Atlanta, Georgia 30309
Email: gstieglitz@burr.com
Phone: (404) 815-3000
Facsimile: (404) 214-7923
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IPL0379047
Oct 7 2026