3393 Jonesboro Rd Se

NOTICE OF SALE UNDER POWER 3393 Jonesboro Road Southeast, Atlanta, Georgia 30354 Under and by virtue of the power of sale granted by 3393 Jonesboro LLC ("Grantor") to and in favor of TBK Bank, SSB ("Grantee") in that certain Guarantors Security Deed dated October 27, 2023, and recorded in Deed Book 67410, Page 220, Fulton County, Georgia records (the "Georgia Guarantors Security Deed"), securing repayment under: (a) that certain Secured Unconditional Guaranty from Grantor in favor of Grantee dated October 27, 2023; and (b) that certain Demand Promissory Note from Kal Freight Inc. ("Borrower") in favor of TBK Bank, SSB ("Lender") dated December 22, 2021, in the original principal amount of $4,804,000.00, as modified or amended by that certain Amended and Restated Demand Promissory Note dated May 9, 2022, in the face amount of $6,879,917.00, as modified or amended by that certain Second Amended and Restated Promissory Note dated June 28, 2023, in the face amount of $9,629,917.00, as modified or amended by that certain Third Amended and Restated Promissory Note dated October 27, 2023, in the face amount of $10,362,000.00 (collectively, the "Secured Indebtedness"), there will be sold at public outcry by Grantee, as attorney-in-fact for Grantor, to the highest bidder for cash between the legal hours for sale before the Courthouse door in Fulton County, Georgia on August 5, 2025, the following described property located in Fulton County, Georgia, together with all improvements, personalty, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in Georgia Guarantors Security Deed (collectively, the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 34 OF THE 14TH DISTRICT OF FULTON COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF JONESBORO ROAD 368.2 FEET SOUTHERLY FROM THE SOUTH SIDE OF MACEDONIA ROAD AND RUNNING THENCE WESTERLY 703 FEET TO POINT; THENCE SOUTHERLY 180 FEET TO A POINT; THENCE EASTERLY 729 FEET TO A POINT ON THE WESTERLY SIDE OF JONESBORO ROAD 183 FEET THE POINT OF BEGINNING. LESS & EXCEPT FROM THE ABOVE THAT PORTION WHICH LIES WITHIN THE BOUNDS OF THE FOLLOWING: 1) RIGHT OF WAY DEED FROM DONALD H. MURPHY TO THE DEPARTMENT OF TRANSPORTATION, DATED AUGUST 23, 1989, FILED FOR RECORD AUGUST 29, 1989, AND RECORDED IN DEED BOOK 12756, PAGE 339, AFORESAID RECORDS. The above-described Property is commonly known as 3393 Jonesboro Road Southeast, Atlanta, Georgia 30354, according to the present system of property mapping in Fulton County, Georgia. The Real Property tax identification number is 14-0034-LL-021-8. The Secured Indebtedness has been 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 the Georgia Security Deed. The Georgia Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Property will be sold at public outcry pursuant to the terms of the power of sale provided in the Georgia Security Deed. The Property will be sold on an "as is, where is" basis without recourse against Grantee and without representation or warranty of any kind or nature whatsoever by Grantee with respect thereto. The Property will be sold subject to any matters of record superior to the Georgia Guarantors Security Deed, including without limitation, (a) outstanding ad valorem taxes with a senior lien priority to the Georgia 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 superior to the Georgia Security Deed. To the best of the undersigneds knowledge and belief, the owner of the Property is the Grantor and the party or parties in possession of the Property is the Grantor or tenants of the Grantor. TBK BANK, SSB, as Attorney-in-Fact for KAL FREIGHT INC. Brian J. Levy, Esq. Morris, Manning & Martin, L.L.P. 1600 Atlanta Financial Center 3343 Peachtree Road, N.E. Atlanta, Georgia 30326 (404) 233-7000 And Steve Smith Dorsey & Whitney LLP 200 Crescent Court Suite 1600 Dallas, Texas 75201 7:9,16,23,30, 2025kw