95 Peyton Rd Sw

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FULTON Under and by virtue of the power of sale contained in that certain Security Deed, Assignment of Leases and Rents and Security Agreement from Bolden Cove Apartments LLC, a Georgia limited liability company (the "Grantor") to and in favor of A&S Capital LLC, a Florida limited lability company (the "Lender"), predecessor in interest to Churchill MRA Funding I LLC (the "Holder") dated October 31, 2023, and recorded in Deed Book 67335, Page 532, Fulton County, Georgia records, as transferred and assigned (as assigned, amended and/or modified, the "Security Deed"), securing that certain Note dated October 31, 2023 in the original principal amount of $9,225,000.00 executed by Grantor payable to Holder (as amended and/or modified, the "Note"), there will be sold at public outcry by Holder, 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 Tuesday, June 2, 2026, the following described land, improvements and appurtenances (hereinafter collectively referred to as the "Premises") to wit: Property Address: 95 Peyton Road, Atlanta, Georgia 30311 ALL THAT TRACT or parcel of land lying and being in Land Lot 205 of the 14th District of Fulton County, Georgia, being more particularly described as follows: Commencing at a point on the west r/w line of Peyton Road (40 foot r/w) S 20 degrees 36 minutes W 419.00 feet from the southwest corner of the intersection of Peyton Road and Gordon Road (Peyton Road having a 40 foot r/w as said intersection and the south r/w line of Gordon Road being 30 feet south of its center line, as said center line existed prior to the widening of Gordon Road on its south side by a deed from Bernard Halpern to the City of Atlanta recorded at Deed Book 4587, Page 261 in the Clerks Office for the Superior Court of Fulton County, Georgia; thence S 02 degrees 09 minutes 30 seconds W a distance of 60 feet to a point; thence S 02 degrees 29 minutes 30 seconds W a distance of 50 feet to an iron p in set and the TRUE POINT OF BEGINNING. Thence S 02 degrees 29 minutes 58 seconds W a distance of 15.00 feet to a point; Thence S 03 degrees 39 minutes 16 seconds W a distance of 45.47 feet to a point; Thence S 03 degrees 31 minutes 30 seconds W a distance of 28.40 feet to a point; Thence S 04 degrees 19 minutes 00 seconds W a distance of 48.90 feet to a point; Thence S 14 degrees 16 minutes 00 seconds W a distance of 48.00 feet to a point; Thence S 34 degrees 14 minutes 00 seconds W a distance of 47.90 feet to a point; Thence S 47 degrees 11 minutes 00 seconds W a distance of 98.60 feet to a point; Thence S 55 degrees 05 minutes 00 seconds W a distance of 99.10 feet to a point; Thence S 60 degrees 30 minutes 30 seconds W a distance of 99.30 feet to a point; Thence S 65 degrees 32 minutes 30 seconds W a distance of 98.90 feet to a point; Thence S 76 degrees 43 minutes 00 seconds W a distance of 90.30 feet to an iron pin set; Thence N 02 degrees 41 minutes 30 seconds E a distance of 183.80 feet to an iron pin set; Thence N 03 degrees 06 minutes 30 seconds E a distance of 227.90 feet to an iron pin set; Thence N 02 degrees 03 minutes 30 seconds E a distance of 135.00 feet to an iron pin set; Thence N 02 degrees 49 minutes 30 seconds E a distance of 60.00 feet to an iron pin set; Thence N 02 degrees 50 minutes 00 seconds E a distance of 227.30 feet to an iron pin set; Thence S 89 degrees 37 minutes 00 seconds E a distance of 146.30 feet to an iron pin set Thence S 89 degrees 37 minutes 30 seconds E a distance of 100.00 feet to an ? inch rebar found; Thence S 02 degrees 32 minutes 30 seconds W a distance of 160.00 feet to an iron pin set; Thence S 02 degrees 43 minutes 00 seconds W a distance of 95.00 feet to an iron pin set; Thence S 02 degrees 41 minutes 10 seconds W a distance of 60.32 feet to an iron pin set; Thence S 02 degrees 32 minutes 00 seconds W a distance of 49.67 feet to an iron pin set; Thence S 87 degrees 40 minutes 09 seconds E a distance of 196.18 feet to a point and the TRUE POINT OF BEGINNING. PARCEL ID#: 14-0205-LL-100-3 95 PEYTON ROAD, ATLANTA, GA 30311 TOGETHER WITH the rents, issues and profits thereof. The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed. The Premises will be sold on an as is, where is basis without recourse against Holder and without representation or warranty of any kind or nature whatsoever by Holder with respect thereto. The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorney's fees (notice of intention to collect attorney's fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises. To the best of the undersigneds knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor. CHURCHILL MRA FUNDING I LLC As Attorney-in-Fact for BOLDEN COVE APARTMENTS LLC Lisa Wolgast, Esq. Barnes & Thornburg LLP 3340 Peachtree Rd NE Suite 2900 Atlanta, GA 30326 (470) 832-7535 5:06,13,20,27,2027 #551978-EP