3 BYRDS DEVELOPMENT, LLC 23951
STATE OF GEORGIA COUNTY OF EFFINGHAM NOTICE OF SALE UNDER POWER TOCCOA CAPITAL FINANCE II, LLC, a Delaware limited liability company (the "Lender"), under and by virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Lease and Rents, Security Agreement and Fixture Filing, dated July 23, 2025 and recorded on July 24, 2025, in Deed Book 2986, Page 424 with the Effingham County, Georgia, Clerk of Superior Court, as amended by that certain Deed to Secure Debt, Assignment of Leases and Rents, Security Agreement and Fixture Filing Modification Agreement dated as of April 13, 2026, and recorded on April 18, 2026, in Deed Book 3038, Page 194 with the Effingham County, Georgia, Clerk of Superior Court (collectively, as amended from time to time, collectively, the "Security Deed"), executed and delivered by 3 BYRDS DEVELOPMENT, LLC, a Georgia limited liability company ("Borrower") in favor of Lender, which Security Deed secures indebtedness evidenced by that certain First Amended and Restated Promissory Note dated April 13, 2026, in the original principal amount of $4,975,000.00 (the "Note"). Lender, being the owner and holder of the Security Deed and acting in its capacity as attorney-in-fact for Borrower, will sell at public outcry to the highest bidder for cash before the Courthouse door of Effingham County, Georgia, within the legal hours of sale on September 1, 2026, certain real property legally described as (or so much thereof as has not, as of the first Tuesday, been released by duly recorded instrument from the Security Deed): All those lots, tracts or parcels of land, lying, situate and being in Effingham County, Georgia, known as Parcel #1 and Parcel #2 upon a plat thereof entitled "Plat of Division of J.R. Conaway Estate" prepared by Paul D. Wilder, Georgia Registered Land Surveyor, recorded in Plat Book 16, Page 197, in the office of the Clerk of Superior Court of Effingham County, Georgia. Said Parcel #1 was conveyed to Robert M. North, Jr. by Warranty Deed dated February 15, 1990, recorded in Deed Book 278, Page 303, in the aforesaid Clerk's Office; and said Parcel #2 was conveyed to Robert M. North, Jr. by Warranty Deed dated March 31, 1992, recorded in Deed Book 310, Page 561, in the aforesaid Clerk's Office. Said plat and deeds are incorporated herein by reference. TOGETHER WITH (collectively, the "Property"): A. All right, title, and interest of Borrower in and to (i) all streets, roads, alleys, easements, rights-of-way, licenses, rights of ingress and egress, vehicle parking rights and public places, existing or proposed, abutting, adjacent, used in connection with or pertaining to the real property or the Improvements (as hereinafter defined), (ii) any strips or gores between the real property and abutting or adjacent properties, and (iii) all water and water rights, timber, crops and mineral interests pertaining to the real property (such real property and other rights, titles, and interests being hereinafter sometimes called the "Land"); B. All buildings, structures, improvements now constructed or at any time in the future constructed or placed upon the Land, including any future alterations, replacements and additions (the "Improvements"); C. All fixtures and systems and articles of personal property, of every kind and character (all of which are herein sometimes referred to together as "Accessories"); D. All rents (whether from residential or non-residential space), revenues, and other income of the Land or the Improvements (all of which are herein sometimes referred to together as the "Rents"); E. All present and future leases, subleases, licenses, concessions or grants or other possessory interests now or hereafter in force, whether oral or written, covering or affecting the Property, or any portion of the Property (including proprietary leases or occupancy agreements if Borrower is a cooperative housing corporation), and all modifications, extensions or renewals (all of which are herein sometimes referred to together as the "Leases"); F. All proceeds, products, consideration, compensation and recoveries, direct or consequential, cash and noncash, of or arising from, as the case may be, (i) the properties, rights, titles and interests referred to above in paragraphs (A), (B), (C), (D), and (E); (ii) any sale, lease or other disposition thereof; (iii) each policy of insurance relating thereto (including premium refunds); (iv) the taking thereof or of any rights appurtenant thereto by eminent domain or sale in lieu thereof for public or quasi-public use under any law; and (v) any damage thereto whether caused by such a taking (including, without limitation, change of grade of streets, curb cuts or other rights of access) or otherwise caused; and G. All other interests of every kind and character, and proceeds thereof (including, without limitation, declarant's rights under any declaration of covenants affecting the Land, which Borrower now has or hereafter acquires in, to or for the benefit of the properties, rights, titles and interests referred to above in paragraphs (A), (B), (C), (D), (E), (F), and all property used or useful in connection therewith, including, but not limited to, remainders, reversions and reversionary rights or interests. To the best knowledge of Lender, the Property is in the legal possession of Borrower. The Property will be sold on an "AS IS, WHERE IS" basis without recourse against Lender, without representation or warranty of any kind or nature whatsoever with respect thereto, without any assurance afforded to the exact acreage and square footage contained in the Land description, and subject to all of the following, without limitation: (a) all outstanding taxes, assessments, and utility bills which are valid liens and encumbrances upon any of the Property and which are prior in right to the lien and security interest of Lender (including taxes which are liens, but not yet payable); (b) any and all easements, restrictions, covenants, encumbrances and other matters which would be revealed by an inspection or accurate survey of the Land; (c) all valid zoning ordinances; (d) any and all easements, limitations, restrictions, reservations, covenants, and encumbrances of record to which the Security Deed is subordinate in terms of priority; (e) confirmation and audit of the status of the loan evidenced by the Note; and (f) the effect of the United States Bankruptcy Code. The proceeds of the sale of the Property will be applied in accordance with the Security Deed to the payment of the indebtedness owed to Lender under the Security Deed and Note, and to the payment of all expenses of sale to the extent provided by Georgia law. Lender reserves the right to credit bid at the sale all or a portion of the unpaid indebtedness owed to Lender under the Security Deed and Note. Notice has been given, in writing and by statutorily sufficient delivery, to Borrower containing the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and Note thereby secured in accordance with O.C.G.A. SS 44-14-162.2(a), and such person may be contacted by and through his agent, counsel for Lender at the name, address and telephone number below. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED IN THIS REGARD WILL BE USED FOR THE PURPOSE OF COLLECTION. TOCCOA CAPITAL FINANCE II, LLC, a Delaware limited liability company, as attorney-in-fact for 3 BYRDS DEVELOPMENT, LLC, a Georgia limited liability company. Counsel for Lender: Natalie deLatour Polsinelli PC 1201 West Peachtree Street NW, Suite 1100 Atlanta, Georgia 30309 404.253.6046 23951 8.26.26 RL