NOTICE OF FORECLOSURE SALE UNDER POWER LIBERTY COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in a DEED TO SECURE DEBT, ASSIGNMENT OF LEASES AND RENTS, ASSIGNMENT OF CONTRACTS, SECURITY AGREEMENT, AND FIXTURE FILING (as amended, collectively, the "Security Deed") given by FULCRUM MEMBER, LLC, a Delaware limited liability company ("Grantor") in favor of BAY POINT CAPITAL PARTNERS II, LP, a Delaware limited partnership ("Lender"), dated March 4, 2021 and recorded March 9, 2021, in Book 2135 at Page 604 in the Office of the Clerk of the Superior Court of Liberty County, Georgia ("Liberty County Records"), as amended by that certain First Amendment to Deed to Secure Debt, Assignment of Leases and Rents, Assignment of Contracts, Security Agreement and Fixture Filing, dated June 23, 2021, and recorded July 16, 2021 in Deed Book 2165, at Page 284 in the Liberty County Records, as amended by that certain Second Amendment to Deed to Secure Debt, Assignment of Leases and Rents, Assignment of Contracts, Security Agreement and Fixture Filing, dated January 18, 2022, and recorded January 24, 2022, in Deed Book 2208, Page 16 in the Liberty County Records, conveying the after-described real property to secure the indebtedness evidenced by that certain (i) Secured Promissory Note dated March 4, 2021, as amended by that certain Amendment to Promissory Note dated January 18, 2022, as amended by that certain Second Amendment to Secured Promissory Note, dated February 10, 2023, in the original principal amount of TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00), (ii) Secured Promissory Note dated June 23, 2021, as amended by that certain Amendment to Promissory Note dated January 18, 2022, as amended by that certain Second Amendment to Secured Promissory Note, dated February 10, 2023, in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00), and (iii) Secured Promissory Note dated July 7, 2021, as amended by that certain Amendment to Promissory Note dated January 18, 2022, as amended by that certain Second Amendment to Secured Promissory Note date February 10, 2023, in the original principal amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($550,000.00), made payable by Grantor to the order of Lender (as at any time assigned, amended, modified or restated, with interest thereon as set forth therein, collectively, the "Notes"), 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 property (the "Property"): The real property located in the county of Liberty, County, Georgia, described in the following, together with all existing and future easements and rights affording access to it (the "Premises"): All of 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. 80, Hampton Island, Phase III, and known as "Bent Oak" 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 the Superior Court of Liberty County, Georgia, and which plat of survey is by express reference incorporated herein for descriptive and all other purposes. PIN: 270-005 AND All that certain lot, tract or parcel of land situate, lying and being in the 15th G. M. District of Liberty County, designated as Lot No. 81, Hampton Island, Phase III, and known as "Rice Canal" 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 the Superior Court of Liberty County, Georgia, and which plat of survey is express reference incorporated herein for descriptive and all other purposes. PIN: 270-004 TOGETHER WITH all buildings, structures, improvements and fixtures now erected on or affixed to the Premises, and all easements, rights, appurtenances, and rents, all of which shall be deemed to be and remain a part of the Premises (the "Improvements" and, together with the Premises, the "Project"); TOGETHER WITH all existing and future appurtenances, privileges, easements, franchises, and tenements of the Premises, including all minerals, oil, gas, other hydrocarbons and associated substances, sulfur, nitrogen, carbon dioxide, helium, and other commercially valuable substances that may be in, under or produced from any part of the Premises, all development rights and credits, air rights, water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant), and water stock, and any portion of the Premises lying in the streets, roads or avenues currently existing or later constructed; SUBJECT TO, and without in any way limiting the absolute assignment in Section 2 of the Security Deed, all existing and future leases, subleases, subtenancies, licenses, rental agreements, occupancy agreements, and concessions relating to the use and enjoyment of or affecting all or any part of the Premises or Improvements, any and all guaranties, extensions, renewals, replacements and modifications thereof, and all other agreements relating to or made in connection therewith, and any agreement (written or oral) between Grantor or its agents, and any tenant, lessee, occupant, licensee, guest or invitee pursuant to which Grantor, or its agent, agrees to permit such tenant, lessee, occupant, licensee, guest or invitee to park in or at the Project (each a "Lease", and collectively, the "Leases"); TOGETHER WITH all real property and improvements on such real property, and all appurtenances and other property and interests of any kind or character, whether described in EXHIBIT A of the Security Deed or not that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Premises or Improvements; TOGETHER WITH all goods, materials, supplies, chattels, furniture, fixtures, equipment, and machinery now or later to be attached to, placed in or on, or used in connection with the use, enjoyment, occupancy or operation of all or any part of the Premises or Improvements, whether stored on the Premises or elsewhere, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration, and plumbing fixtures and equipment, all of which shall be considered to the fullest extent of the law to be real property for purposes of this Security Instrument, and any manufacturer's warranties with respect thereto; TOGETHER WITH all building materials, equipment, work in process and other personal property of any kind, whether stored on the Premises or elsewhere, that have been or later will be acquired for the purpose of being delivered to, incorporated into or installed in or about the Premises or Improvements; SUBJECT TO the requirements of Section 5.4 of the Security Deed, all rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties or deposited by Grantor with third parties (including all utility deposits), chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor of Lender), that arise from or relate to construction on the Premises or to any business now or later to be conducted on it, or to the Premises and Improvements generally; TOGETHER WITH all insurance policies and the proceeds thereof pertaining to the Premises, the Improvements, or any other property described in Section 1.1 of the Security Deed, and all proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any property described in Section 1.1 of the Security Deed into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding or any settlement in lieu thereof, and all causes of action and their proceeds for any damage or injury to the Premises, Improvements or the other property described in Section 1.1 of the Security Deed, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact; TOGETHER WITH all of Grantor's right, title, and interest in and to, as owner of the Premises, any and all units, common elements, declarant rights, development rights, and any other rights relating to the Premises or the Improvements, whether now existing or subsequently arising, under any and all condominium declarations, covenants, conditions, and restrictions, development agreements, or other agreements or declarations now existing or later executed relating to the Premises or Improvements, and all Laws (as such term is defined in the Security Deed) now existing or later enacted relating to the Premises or Improvements, including those relating to condominiums, and all rights of Grantor in connection with any owner's association, condominium association, architectural control committee, or similar association or committee, established in connection with the Project, including Grantor's rights and powers to elect, appoint, and remove officers and directors of any such associations or committees; TOGETHER WITH all of Grantor's right, title, and interest in and to (i) all agreements (except for Leases), commitments, and options now or hereafter existing with respect to the construction, ownership, maintenance, operation, management, or use specifically and exclusively of the Premises or Improvements; (ii) all plans, specifications, drawings, and reports now existing or hereafter prepared with respect to the Premises or Improvements, including architectural and engineering plans, specifications and drawings, soils reports, environmental reports, and all other property reports; (iii) the Project Licenses (hereinafter defined); (iv) any and all present and future amendments, modifications, supplements, and addenda to any of the items described in clauses (i) through (iii) of Section 1.1.11 of the Security Deed; and (v) any and all guarantees, warranties (including building or manufacturer's warranties) and other undertakings (including payment and performance bonds) now existing or hereafter entered into or provided with respect to any of the items described in clauses (i) through (iv) of Section 1.1.11 of the Security Deed (collectively, the "Contracts"); TOGETHER WITH, to the fullest extent not prohibited by applicable Laws, all of Grantor's rights in all building permits, governmental permits, licenses, variances, applications, conditional or special use permits, and other authorizations now or hereafter issued in connection with the construction, development, ownership, operation, management, leasing or use of the Premises or Improvements (the "Project Licenses"); TOGETHER WITH all books, records, and data pertaining to any and all of the property described above, however recorded, stored, or maintained, including digital, electronic, and computer-readable data and any computer hardware or software necessary to access and process such data ("Books and Records"); and TOGETHER WITH all products, profits, rents, proceeds of, additions and accretions to, substitutions, and replacements for, and changes in any of the property described above. 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 Premises 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 Premises, 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 Premises 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 261 in the Liberty County Records, and said property is commonly known as Lot No. 80, Hampton Island, Phase III, and Lot No. 81, 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 FULCRUM MEMBER, 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. 51033 6/26/25 RL