5738 Old Dixie Hwy

NOTICE OF SALE UNDER POWER GEORGIA, CLAYTON COUNTY: By virtue of a power of sale in that certain Multifamily Deed to Secure Debt, Assignment of Leases and Rents, Security Agreement and Fixture Filing from Veracruz Investment Group, LLC, a Georgia limited liability company (Borrower), to Newpoint Real Estate Capital LLC, a Michigan limited liability company (Original Lender), dated as of March 14, 2023 and recorded on March 14, 2023 in Deed Book 13383, Page 598, Clayton County, Georgia records (the Security Deed), as assigned by Original Lender to Fannie Mae as evidenced by that certain Assignment of Multifamily Deed to Secure Debt, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of March 14, 2023 and recorded on March 14, 2023 in Deed Book 13383, Page 623, aforesaid records, as further assigned by Fannie Mae to Original Lender as evidenced by that certain Assignment of Security Instrument dated as of July 8, 2024 and recorded on August 13, 2024 in Deed Book 13796, Page 429, aforesaid records, and as further assigned by Original Lender to EMG Transfer Agent LLC (Holder), as evidenced by that certain Assignment of Multifamily Loan and Security Agreement, Collateral Agreements and Other Loan Documents dated as of September 24, 2024 and recorded on October 1, 2024 in Deed Book 13830, Page 338, aforesaid records, the foregoing Security Deed having been given to secure the Indebtedness (as defined therein) including, without limitation, that certain Multifamily Note dated as of March 14, 2023, in the original principal amount of $9,055,000.00, executed by Borrower and made payable to the order of Original Lender, the undersigned will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Clayton County, Georgia, on the first Tuesday in June 2026 (June 2, 2026), between the legal hours of sale, all or parts of the property located at 5738 Old Dixie Road, Forest Park, Georgia 30297 and more particularly described as follows (the Land), together with the buildings, structures, improvements, and alterations constructed or placed upon the Land as of the date of sale (the Improvements): All that tract or parcel of land lying and being in Land Lot 110 of the 13th District, Clayton County, Georgia and being more particularly described as follows: Beginning at a 1/2" rebar set located at the intersection of the southeastern right of way of Johnson Road (a 50-foot right of way) with the northeastern right of way of Old Dixie Road (an 80-foot right of way) being THE TRUE POINT OF BEGINNING, proceed thence North 72 degrees 38 minutes 00 seconds East for a distance of 203.39 feet to a 1/2" re bar set; thence along a curve to the right having a radius of 511.37 feet and an arc length of 152. 77 feet, said arc being subtended by a chord with a bearing of North 82 degrees 38 minutes 00 seconds East and a length of 152.20 feet, to a 1/2" rebar set; thence North 89 degrees 45 minutes 00 seconds East for a distance of 170.00 feet to a 1/2" rebar set; thence North 89 degrees 11 minutes 00 seconds East for a distance of 255.04 feet to a 1/2" rebar set; thence North 89 degrees 47 minutes 00 seconds East for a distance of 168.76 feet to a 1/2" rebar set; thence South 89 degrees 14 minutes 55 seconds East for a distance of 341.46 feet to a 1/2" rebar set; thence along a curve to the right having a radius of 30.00 feet and an arc length of 26.06 feet, said arc being subtended by a chord with a bearing of South 36 degrees 23 minutes 36 seconds East and a length of 25.25 feet, to a 1/2" rebar set; thence along a curve to the left having a radius of 60.00 feet and an arc length of 170.82 feet, said arc being subtended by a chord with a bearing of North 78 degrees 25 minutes 00 seconds East and a length of 118.70 feet, to a 1/2" rebar set; thence North 89 degrees 45 minutes 00 seconds East for a distance of 420.71 feet to a l /2" rebar set; thence South 00 degrees 15 minutes 00 seconds East for a distance of 25.00 feet to a 1/2" rebar set; thence North 89 degrees 45 minutes 00 seconds East for a distance of 139.91 feet to a l /2" re bar set; thence South 00 degrees 04 minutes 00 seconds East for a distance of 10.19 feet to a 1 1 /4" open top pipe found; thence north 89 degrees 57 minutes 30 seconds East for a distance of 388.87 feet to a 1/2" rebar set; thence South 00 degrees 15 minutes 37 seconds West for a distance of 230.51 feet to a l/2" rebar set; thence South 89 degrees 48 minutes 00 seconds West for a distance of 2314.40 feet to a 1/2" re bar set; thence North 13 degrees 45 minutes 00 seconds West for a distance of 192.28 feet to a 1/2" rebar set and THE TRUE POINT OF BEGINNING. Said property is more particularly depicted as 13.574 acres (591,283 square feet) more or less on that certain survey for Brentwood Holdings 2001-1, LLC and Old Republic National Title Insurance Company dated May 11, 2011 and revised November 4, 2011 bearing the seal of Bock & Clark; Ronnie Joiner G.R.L.S. No. 2488, said survey being incorporated herein and made a part hereof by reference. LESS AND EXCEPT from the above described property that portion of the property conveyed by that certain Right of Way Deed from Veracruz Investment Group, LLC to Georgia Department of Transportation, dated March 2, 2017, filed for record March 10, 2017 at 2:53 p.m., recorded in Deed Book 11054, Page 35, Records of Clayton County, Georgia. And in conjunction with the sale of the above-described Land and Improvements, as provided under the laws of the State of Georgia, including Georgia Code sections 11-9-604 and 11-9-610, Holder will sell at public outcry to the highest bidder for cash before the door of the County Courthouse in Clayton County, Georgia, on the first Tuesday in June 2026 (June 2, 2026), between the legal hours of sale, all or parts of the following property (the UCC Collateral and together with the Land and Improvements, hereafter referred to as the Mortgaged Property): All goods which are used in connection with the ownership, management, or operation of the Land or in the Improvements, including inventory; furniture; furnishings; machinery, equipment, engines, boilers, incinerators, and installed building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring, and conduits used in connection with radio, television, security, fire prevention, or fire detection, or otherwise used to carry electronic signals; telephone systems and equipment; elevators and related machinery and equipment; fire detection, prevention and extinguishing systems and apparatus; security and access control systems and apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers, and other appliances; light fixtures, awnings, storm windows, and storm doors; pictures, screens, blinds, shades, curtains, and curtain rods; mirrors, cabinets, paneling, rugs, and floor and wall coverings; fences, trees, and plants; swimming pools; exercise equipment; supplies; tools; books and records (whether in written or electronic form); websites, URLs, blogs, and social network pages; computer equipment (hardware and software); and other tangible personal property which is used in connection with the ownership, management, or operation of the Land or the Improvements or are located on the Land or in the Improvements; plus All money, funds, investment property, accounts, general intangibles, deposit accounts, chattel paper, documents, instruments, judgments, claims, settlements of claims, causes of action, refunds, rebates, reimbursements, reserves, deposits, subsidies, proceeds, products, and profits, now or hereafter arising, received or receivable, from or on account of the ownership, management and operation of the Mortgaged Property; plus All rents (whether from residential or non-residential space), revenues and other income from the Land or the Improvements, including subsidy payments received from any sources, including payments under any Housing Assistance Payments Contract or other rental subsidy agreement (if any), parking fees, laundry and vending machine income and fees and charges for food, health care and other services provided at the Mortgaged Property, and tenant security deposits; plus All choses in action, chattel paper, documents, general intangibles, payment intangibles, instruments, investment property, letter of credit rights, supporting obligations, computer information, source codes, object codes, records and data, all telephone numbers or listings, claims (including claims for indemnity or breach of warranty), deposit accounts and other property or assets of any kind or nature related to the Land or the Improvements, and all other intangible property and rights relating to the operation of, or used in connection with, the Land or the Improvements, including all governmental permits relating to any activities on the Land; plus Each computer program (and any supporting information provided in connection with a transaction relating to the program) relating to the operation of, or used in connection with, the Land or the Improvements; plus Insurance policies relating to the Mortgaged Property (and any unearned premiums) and all proceeds paid or to be paid by any insurer of the Land, the Improvements, or any other part of the Mortgaged Property; plus Awards, payments and other compensation made or to be made by any municipal, state or federal authority with respect to the Land, the Improvements, or any other part of the Mortgaged Property, including any awards or settlements resulting from (1) any action or proceeding, however characterized or named, relating to any condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect (each a Condemnation Action), (2) any damage to the Mortgaged Property caused by governmental action that does not result in a Condemnation Action, or (3) the total or partial taking of the Land, the Improvements, or any other part of the Mortgaged Property under the power of eminent domain or otherwise and including any conveyance in lieu thereof; plus All contracts, options and other agreements for the sale of the Land, the Improvements, or any other part of the Mortgaged Property entered into by Borrower, including cash or securities deposited to secure performance by parties of their obligations; plus All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Mortgaged Property, or any portion of the Mortgaged Property (including proprietary leases or occupancy agreements if Borrower is a cooperative housing corporation), and all modifications, extensions or renewals thereof (Leases), together with Lease guaranties, letters of credit and any other supporting obligation for any of the Leases given in connection with any of the Leases; plus Earnings, royalties, accounts receivable, issues and profits from the Land, the Improvements or any other part of the Mortgaged Property; plus Refunds or rebates of Impositions by any municipal, state or federal authority or insurance company (other than refunds applicable to periods before 2023); plus Tenant security deposits; plus Names under or by which any of the above Mortgaged Property may be operated or known, and all trademarks, trade names, and goodwill relating to any of the Mortgaged Property; plus Products, and all cash and non-cash proceeds from the conversion, voluntary or involuntary, of any of the above items of personal property into cash or liquidated claims, and the right to collect such proceeds. THIS SALE OF THE MORTGAGED PROPERTY WILL BE MADE WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO TITLE, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY USE OR PURPOSE WHATSOEVER. The Land, the Improvements, and all other Mortgaged Property will be sold as the property of Borrower. To Holders best knowledge and information, Borrower is the party in possession of all such Mortgaged Property. The sale of the Mortgaged Property will be as is and where is, subject to: all zoning ordinances; matters that would be disclosed by an accurate survey or an inspection of the Land; any outstanding taxes and governmental assessments, including unpaid real and personal property ad valorem taxes; all outstanding bills for public utilities that constitute liens upon the Mortgaged Property; all restrictive covenants, easements, rights-of-way, assessments of record, and matters of record superior to the Security Deed. The sale of the Mortgaged Property will be conducted subject to (i) confirmation that it is not prohibited by the United States Bankruptcy Code, and (ii) the provisions of O.C.G.A. ? 9-13-172.1 that permit the rescission of judicial and non-judicial foreclosure sales in Georgia in certain circumstances. Holder will execute a deed to the purchaser of the Land and Improvements as provided in the Security Deed and a quitclaim bill or sale for all other Mortgaged Property. The Mortgage Loan (as such term is defined in the Security Deed) has been and is hereby declared due and payable due to certain Events of Default under the Loan Agreement (as such term is defined in the Security Deed). The Mortgage Loan remaining in default, this sale will be made for the purpose of paying such Indebtedness, including accrued interest, expenses of the sale, and attorney's fees, as well as all other sums provided for under the Loan Agreement, the Security Deed, and the other Loan Documents described in the Security Deed. The remaining proceeds, if any, shall be applied as provided by law. The name, address, and telephone number of the entity with full authority to negotiate, amend, and modify the terms of the Mortgage Loan and the Security Deed are as follows: EMG Transfer Agent LLC; 711 Third Ave, Ste 501, New York, NY 10017; Attn: Katie Meagher; (201) 519-4343. However, such entity is not required by law to negotiate, amend, or modify the terms of the Mortgage Loan or the Security Deed. By: EMG TRANSFER AGENT LLC, holder of the Mortgage Loan, holder of the Security Deed, and Attorney-in-Fact for Borrower: c/o Kevin A. Stine (Georgia Bar No. 682588), Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Suite 1500, 3414 Peachtree Road, N.E., Atlanta, GA 30326; kstine@bakerdonelson.com; (404) 577-6000. 9075-553322, 05/06,13,20,27,2026