128 S Main St Se

NOTICE OF SALE UNDER POWER IN SECURITY DEED STATE OF GEORGIA COUNTY OF CLAYTON Under and by virtue of the Power of Sale contained in the Security Deed from 128 S MAIN STREET LLc to JAY D. KESSLER, AS TRUSTEE OF THE BOOTERY, INC. PROFIT SHARING TRUST dated June 1, 2020 and recorded in Deed Book 11983, Page 4, in the offices of the Clerk of the Superior Court of Clayton County, Georgia (as same may have been modified from time to time, collectively the Security Deed); and pursuant to that certain Order of Dismissal dated January 2, 2026, and entered January 2, 2026, in Chapter 11 Case No. 25-64033-jrs, United States Bankruptcy Court, Northern District of Georgia, Atlanta Division; and that certain Order Dismissing Case with Prejudice dated April 15, 2026, and entered April 15, 2026, in Chapter 11 Case No. 26-52908-JRS, United States Bankruptcy Court, Northern District of Georgia, Atlanta Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Clayton County, Georgia, during the legal hours of sale, on the first Tuesday in June, 2026, the following described real property, to wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 241 OF THE 13TH DISTRICT, CLAYTON COUNTY, GEORGIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN FOUND AT THE NORTHWEST RIGHT OF WAY INTERSECTION OF CHURCH STREET (40 FOOT RIGHT OF WAY) AND SOUTH MAIN STREET (RIGHT OF WAY VARIES); THENCE 68 FEET ALONG THE WEST RIGHT OF WAY OF SOUTH MAIN STREET TO AN IRON PIN FOUND AND THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 100.0 FEET TO AN IRON PIN FOUND; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 24.00 FEET TO AND IRON PIN FOUND; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 100.00 FEET TO AN IRON PIN FOUND; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 24 FEET TO AN IRON PIN FOUND AND THE POINT OF BEGINNING. PROPERTY BEING MORE COMMONLY KNOWN AS: 128 S. MAIN STREET, JONESBORO, CLAYTON COUNTY, GEORGIA 30236 In addition, under and by virtue of the power of sale contained in the Security Deed, the undersigned will also sell at public outcry to the highest bidder for cash before the door of the Courthouse of Clayton County, Georgia, immediately following the sale of the above-described real property, the following described personal property owned by 128 S MAIN STREET LLc, or its successors-in-title and secured by the Security Deed, to wit: All personal property described in and subject to the Security Deed, which is hereby incorporated by this reference. Less and except any fixtures subject to the security interest on the above-described real property. The debt secured by the Security Deed is evidenced by a Note, dated June 1, 2020, executed by 128 S MAIN STREET LLc to JAY D. KESSLER, AS TRUSTEE OF THE BOOTERY, INC. PROFIT SHARING TRUST, in the original principal amount of $80,000.00 (as same may have been modified, renewed or amended, the "Note"), plus interest from date on the unpaid balance until paid, and other indebtedness. Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms. The above-described real property will be sold to the highest and best bidder for cash as the property of 128 S MAIN STREET LLc, the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all other prior assessments, easements, restrictions or matters of record. To the best of the undersigned's knowledge and belief, the real property is presently owned by 128 S MAIN STREET LLc. To the best of the undersigned's knowledge and belief, the party in possession of the real property is 128 S MAIN STREET LLc, and tenants holding under it. All personal property will be sold in one lot to the highest and best bidder for cash as the property of 128 S MAIN STREET LLc, or its successors-in-title, on an "as is, where is" basis and without representation, warranty or recourse, express or implied, of the undersigned, and subject to all matters of record affecting said personal property, the proceeds to be applied to the payment of said indebtedness, attorneys' fees and the lawful expenses of said sale, all as provided in the Security Deed. JAY D. KESSLER, AS TRUSTEE OF THE BOOTERY, INC. PROFIT SHARING TRUST, (A/K/A THE BOOTERY, INC. PROFIT SHARING PLAN), as Attorney-in-Fact for 128 S MAIN STREET LLc. M. Todd Westfall, Esquire WESTFALL, LLC 4994 Lower Roswell Rd, Ste 6, Marietta, Georgia 30068 (678) 384-7005 9075-551481, 05/06,13,20,27,2026