FORECLOSURE 51031
NOTICE OF FORECLOSURE SALE UNDER POWER LIBERTY COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in that certain DEED TO SECURE DEBT, ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILING, from REFLECTIONS HOUSE, LLC, a Georgia limited liability company ("Grantor"), in favor of BAY POINT CAPITAL PARTNERS II, LP, a Delaware limited partnership ("Lender"), dated February 10, 2023, and recorded February 14, 2023, in Deed Book 2276 at Page 110 in the Office of the Clerk of the Superior Court of Liberty County, State of Georgia (the "Liberty County Records") (the "Security Deed"), against the real properties legally described therein, against the real properties legally described therein, conveying the after-described real property to secure the indebtedness evidenced by that certain Secured Promissory Note January 18, 2022 in the original principal amount of TEN MILLION AND NO/100 DOLLARS ($10,000,000.00) made payable by Grantor, JARBAI, LLC, Fulcrum Loan Holdings, LLC, and Strategic Hampton House, LLC to the order of Lender (as at any time assigned, amended, modified or restated, with interest thereon as set forth therein, the "Note"), there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door of Liberty County, Georgia, within the legal hours of sale on the first Tuesday in July, 2025, all of the following described real property (the "Property"): The real property located in Liberty County, Georgia, as described below (the "Land"): Lot 22 (PIN 289-019) All that certain lot, tract or parcel of land situate, lying and being in the 15th G. M. District of Liberty County, Georgia, designated as Lot No. 22, Hampton Island, Phase III, and known as "Whitetail Crossing", as more particularly described upon that certain plat of survey dated October 3, 2004, entitled "A Plat of Hampton Island Phase III" prepared by Thomas & Hutton Engineering Co. and certified by Boyce L. Young, Georgia Registered Land Surveyor No. 2282, which plat of survey (consisting of five (5) pages) is recorded in Plat Slide N-63, Page(s) 1AB, 1CD, 2AB, 2CD AND 3AB, in the Office of the Clerk of Superior Court of Liberty County, Georgia, and which plat of survey is by express reference incorporated herein for descriptive and all other purposes. TOGETHER WITH all additional lands, estates and development rights hereafter acquired by Grantor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, be expressly made subject to the lien of the Security Deed; TOGETHER WITH the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements owned by Grantor now or hereafter erected or located on the Land (collectively, the "Improvements"); TOGETHER WITH all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, and remainder and remainders thereof, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Grantor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto (collectively, the "Easements"); TOGETHER WITH all "equipment," as such term is defined in Article 9 of the Uniform Commercial Code, as adopted and enacted by the State of Georgia (the "Uniform Commercial Code"), now owned or hereafter acquired by Grantor, which is used at or in connection with the Improvements or the Land and is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, electronic data-processing and other office equipment, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, engines, devices for the operation of pumps, pipes, plumbing, cleaning, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, plumbing, laundry, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Grantor's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the "Equipment"). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under Leases (as hereinafter defined) except to the extent that Grantor shall have any right or interest therein; TOGETHER WITH all Equipment now owned, or the ownership of which is hereafter acquired, by Grantor which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land (collectively, the "Fixtures"). Notwithstanding the foregoing, "Fixtures" shall not include any property which tenants are entitled to remove pursuant to Leases except to the extent that Grantor shall have any right or interest therein; TOGETHER WITH all furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, interest rate hedging agreements, and, to the extent assignable: (i) licenses, (ii) certificates and (iii) permits, and all other personal property of any kind or character whatsoever (as defined in and subject to the provisions of the Uniform Commercial Code), whether tangible or intangible, other than Fixtures, which are now or hereafter owned by Grantor and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the "Personal Property"), and the right, title and interest of Grantor in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, superior in lien to the lien of the Security Deed and all proceeds and products of any of the above; TOGETHER WITH all leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Grantor of any petition for relief under 11 U.S.C. SS101 et seq., as the same may be amended from time to time (the "Bankruptcy Code") (collectively, the "Leases") and all right, title and interest of Grantor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, royalties, issues, profits, income, revenues and other benefits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Grantor of any petition for relief under the Bankruptcy Code (collectively, the "Rents") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment and performance of the Debt and/or Obligations as provided herein; TOGETHER WITH all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of such right), or for a change of grade, or for any other injury to or decrease in the value of the Property; TOGETHER WITH all proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof as set forth elsewhere herein; TOGETHER WITH Grantor's interest in all refunds, rebates or credits in connection with any reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari proceedings or any other applications or proceedings for reduction of same, in each case, irrespective of the time period to which they relate; TOGETHER WITH the right, in the name and on behalf of Grantor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender in the Property; TOGETHER WITH to the extent assignable, all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Grantor therein and thereunder, including, without limitation, the right, during an Event of Default (as defined in the Security Deed), to receive and collect any sums payable to Grantor thereunder; TOGETHER WITH to the extent assignable, all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; TOGETHER WITH all operating, security deposit, reserve, escrow and lockbox accounts maintained by Grantor with respect to the Property, including, without limitation, all accounts established or maintained pursuant to the Loan Agreement (as defined in the Security Deed) or any other Loan Document (as defined in the Security Deed), together with all deposits or wire transfers made to such accounts, and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time, and all proceeds, products, distributions, dividends and/or substitutions thereon and thereof; TOGETHER WITH all documents, instruments, chattel paper, intangibles, and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code, relating to the Property; TOGETHER WITH all proceeds of any of the foregoing, including, without limitation, proceeds of insurance and condemnation awards, whether in cash, or in liquidation or other claims or otherwise; and TOGETHER WITH Any and all other rights of Grantor in and to the items set forth above and as described in Section 1.1(a) through Section 1.1(q) of the Security Deed. The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Lender is the secured creditor under the Security Deed and loan being foreclosed. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the loan on behalf of the Lender (although not required by law to do so) is: Bay Point Capital Partners II, LP, Attention: Charles Andros, and can be contacted at (404) 963-6031, or by writing to 3050 Peachtree Road NW, Suite 740, Atlanta, Georgia 30305, to discuss possible alternatives to avoid foreclosure. Please be advised that the secured creditor is not required by law to negotiate, amend or modify the terms of the Security Deed. 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, and (e) all matters of record superior to the Security Deed first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and/or covenants. Lender reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Lender may elect, as permitted in the Security Deed. 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 Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial 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 immediately above. To the best knowledge and belief of the undersigned, the party in possession of the property is or may be BPCP HAMPTON ISLAND, LLC, a Delaware limited liability company, by virtue of that certain Deed in Lieu of Foreclosure from Grantor to BPCP Hampton Island, LLC, dated March 4, 2024, recorded June 14, 2024 in Book 2350 at Page 285 in the Liberty County Records, and said property is commonly known as Lot No. 22, Hampton Island, Phase III. Present holder of said Security Deed, BAY POINT CAPITAL PARTNERS II, LP, a Delaware limited partnership, as Attorney in Fact for REFLECTIONS HOUSE, LLC By its attorneys: THOMPSON HINE LLP Stephen B. Schrock, Esq. Two Alliance Center 3560 Lenox Road, Suite 1600 Atlanta, Georgia 30326 Telephone: (404) 541-2909 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT THE DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 51031 6/26/25 RL