2000 Austell Rd

STATE OF GEORGIA COUNTY OF COBB NOTICE OF FORECLOSURE SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by 5TH STREET PEACHSTONE, LLC, a Georgia limited liability company to TRED II, LLC, a Delaware limited liability company, dated July 30, 2020, recorded in Deed Book 15777, at Page 1899, in the Office of the Clerk of Superior Court of Cobb County, Georgia Records, conveying the after-described real property to secure a Note in the original principal amount of EIGHT MILLION TWO HUNDRED SIXTY THOUSAND AND 00/100 dollars ($8,260,000.00), with interest thereon at the rate as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door of Cobb County, Georgia within the legal hours of sale on June 2, 2026, the following described real property (the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 133 OF THE 17TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8? REBAR FOUND ON THE NORTHWESTERLY RIGHT OF WAY OF AUSTELL ROAD (AKA SR-5, HAVING A 112 FOOT RIGHT OF WAY), WHICH POINT IS 341.91 FEET AS MEASURED ALONG THE NORTHWESTERLY RIGHT OF WAY OF AUSTELL ROAD FROM THE INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY OF AUSTELL ROAD WITH THE RIGHT OF WAY OF CUNNINGHAM ROAD; THENCE RUNNING IN A SOUTHWESTERLY DIRECTION AS MEASURED ALONG THE NORTHWESTERLY RIGHT OF WAY OF AUSTELL ROAD, THE FOLLOWING COURSES AND DISTANCES: ALONG THE ARC OF A CURVE AN ARC DISTANCE OF 118.28 FEET (SAID ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 51 DEGREES 39 MINUTES 34 SECONDS WEST, A CHORD DISTANCE OF 118.28 FEET, AND HAVING A RADIUS OF 3,990.78 FEET) TO A POINT; ALONG THE ARC OF A CURVE, AN ARC DISTANCE OF 75.45 FEET (SAID ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 52 DEGREES 17 MINUTES 55 SECONDS WEST, A CHORD DISTANCE OF 75.45 FEET, AND HAVING A RADIUS OF 37,364.78 FEET) TO A POINT; SOUTH 52 DEGREES 39 MINUTES 20 SECONDS WEST FOR A DISTANCE OF 359.56 FEET TO A 5/8? REBAR FOUND AND CORNER; THENCE LEAVING THE NORTHWESTERLY RIGHT OF WAY OF AUSTELL ROAD AND RUNNING NORTH 32 DEGREES 33 MINUTES 01 SECONDS WEST FOR A DISTANCE OF 274.71 FEET TO A 5/8? PIPE FOUND AND CORNER; THENCE RUNNING NORTH 01 DEGREES 44 MINUTES 09 SECONDS EAST FOR A DISTANCE OF 374.26 FEET TO AN IRON PIN AND CORNER FOUND ON THE SOUTHERLY RIGHT OF WAY OF CUNNINGHAM ROAD (HAVING A VARIABLE RIGHT OF WAY); THENCE RUNNING IN AN EASTERLY DIRECTION AS MEASURED ALONG THE SOUTHERLY RIGHT OF WAY OF CUNNINGHAM ROAD, THE FOLLOWING COURSES AND DISTANCES: SOUTH 81 DEGREES 12 MINUTES 10 SECONDS EAST FOR A DISTANCE OF 52.84 FEET TO A POINT; NORTH 89 DEGREES 46 MINUTES 14 SECONDS EAST FOR A DISTANCE OF 83.39 FEET TO A POINT; SOUTH 76 DEGREES 30 MINUTES 44 SECONDS EAST FOR A DISTANCE OF 65.70 FEET TO A POINT; SOUTH 88 DEGREES 55 MINUTES 08 SECONDS EAST FOR A DISTANCE OF 305.46 FEET TO AN IRON PIN FOUND AND CORNER; THENCE LEAVING THE SOUTHERLY RIGHT OF WAY OF CUNNINGHAM ROAD AND RUNNING SOUTH 16 DEGREES 17 MINUTES 18 SECONDS EAST FOR A DISTANCE OF 249.19 FEET TO THE POINT OF BEGINNING, SAID PROPERTY CONTAINING 240,321 SF (5.517 AC), WHICH ACREAGE EXCLUDES THE PROPERTY DESCRIBED BELOW, ALL AS MORE PARTICULARLY SHOWN ON THAT CERTAIN ALTA/NSPS LAND TITLE SURVEY OF 1990 AND 2000 AUSTELL ROAD, MARIETTA, GA, 30008, FOR TRED II, LLC, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, DAVIS, MATTHEWS & QUIGLEY, P.C. AND 5TH STREET PEACHSTONE, LLC, DATED FEBRUARY 20, 2019, LAST REVISED JULY 29, 2020, PREPARED BY COMPASS SURVEYING, INC., AND BEARING THE SEAL OF BRIAN A. CALDWELL, GRLS NO. 2956. LESS AND EXCEPT FROM THE ABOVE-DESCRIBED PROPERTY THE FOLLOWING: BUILDING 400, UNIT 1200: All that tract of land lying and being in land lot 133, 17th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: To find the True Point of Beginning, Commence at a point on the northwest right-of-way of Austell Road (112 ft. R/W), said point being 341.91 feet southwesterly of the intersection of the northwest R/W of Austell Road and the southerly R/W of Cunningham Road (variable R/W), Then leaving Austell Road North 61 degrees 48 minutes 55 seconds West for a distance of 313.88 feet to the True Point of Beginning: THENCE South 88 degrees 30 minutes 43 seconds East for a distance of 49.03 feet to a point; THENCE South 01 degrees 38 minutes 41 seconds West for a distance of 37.17 feet to a point; THENCE North 88 degrees 31 minutes 28 seconds West for a distance of 48.96 feet to a point; THENCE North 01 degrees 32 minutes 15 seconds East for a distance of 37.18 feet to the True Point of Beginning. Said property contains 0.042 acres more or less.] TOGETHER WITH all the improvements and fixtures now erected on or affixed to the Property, and all easements, rights, appurtenances, and rents, and all other assets included as ?Property? defined in the Deed to Secure Debt, all of which shall be deemed to be and remain a part of the Property. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of applying the proceeds thereof as provided in the Deed to Secure Debt and pursuant to applicable law, including paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneys' fees (notice of intent to collect attorneys' fees having been given). Said Property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water and sewage bills that constitute a lien against the Property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the Property, (e) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and/or covenants, (f) rights and obligations of parties in possession, as tenants only, under unrecorded leases or agreements with no rights of first refusal or options to purchase, and (g) all other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public record to which the Deed to Secure Debt is junior and subordinate in terms of priority under the laws of the State of Georgia. TRED II, LLC is the secured creditor under the Deed to Secure Debt and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described Deed to Secure Debt and associated notes on behalf of TRED II, LLC: Arnall Golden Gregory LLP 171 17th Street NW, Suite 2100 Atlanta, GA 30363 Attn: Nick Passarello Telephone: (404) 873-8568 TRED II, LLC is not required by law to negotiate, amend, or modify the terms of the loan or mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the Property is 5th Street Peachstone, LLC and its tenants, and said Property is more commonly known as 2000 Austell Road, Marietta, Georgia 30008. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. The undersigned reserves the right, in its sole discretion, to postpone, continue, or cancel the sale at any time prior to the sale. Notice of such postponement, continuation, or cancellation shall be given by announcement at the time and place of sale or any scheduled sale date, and no other notice shall be required. The Property will be sold on an ?as is?, where is basis without recourse against the holder of the Deed to Secure Debt and without representation or warranty of any kind or nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the Property. The undersigned may sell the Property or any part of the Property in such manner and order as the holder of the Deed to Secure Debt may elect and may sell that portion of the Property which, under the laws of the State of Georgia, constitutes an estate or interest in real estate separately from that portion of the Property which, under the laws of the State of Georgia, constitutes personalty and not an interest in the 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 undersigneds intent shall be given by announcement made at the commencement of the public sale. The undersigned will execute a Deed Under Power to the purchaser as authorized by the aforementioned Deed to Secure Debt. Pursuant to O.C.G.A. ? 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the two preceding paragraphs. The notice to Borrower, pursuant to O.C.G.A. ? 44-14-162.2, has been provided by the holder of the Deed to Secure Debt to Borrower in accordance with said O.C.G.A. ? 44-14-162.2. The recitals set forth hereinabove are hereby incorporated in and made a part of this Notice of Foreclosure Sale Under Power. Nothing contained herein shall be deemed to constitute a waiver of any rights or remedies available to the holder of the Deed to Secure Debt, whether at law, in equity, or under the Deed to Secure Debt and related loan documents, all of which are expressly reserved. The holder of the Deed to Secure Debt expressly reserves the right to pursue a deficiency judgment against the Borrower and any guarantors to the fullest extent permitted by applicable law, including O.C.G.A. ? 44-14-161. Present holder of said Deed to Secure Debt, TRED II, LLC, As Attorney-In-Fact for 5TH STREET PEACHSTONE, LLC By its attorneys: /Nicholas Passarello/ Nicholas Passarello, Esq. ARNALL GOLDEN GREGORY LLP 171 17th Street NW, Suite 2100 Atlanta, Georgia 30363 (404) 873-8568 5:8,15,22,29-2026