Exo Legal PLLC will be conducting a public sale of certain collateral owned by Debtor JCF Housements Manufacturing, LLC.
Pursuant to published notices in Delaware, Tennessee, and Alabama, this article provides additional details regarding the sale and instructions on how to bid.
The text of the Notice of Disposition of Collateral by Public Sale is as follows:
Camdog, LLC, a Tennessee limited liability company (“Secured Party”) is the owner and holder of certain Loans (the “Loans”) evidenced by a Secured Promissory Note dated January 17, 2023, together with that Security Agreement dated January 17, 2023, a Note Purchase Agreement dated January 17, 2023, and that UCC Financing Statement recorded with the Delaware Department of State pursuant to Del. Code Ann. tit. 6, § 9-501(a)(2), on January 20, 2023, at Doc. No. 2023-0533041, and recorded with the Tennessee Secretary of State at Doc. No.439608950 (supplemental/notice filing), to evidence Secured Party’s security interest in its Collateral (described below). The loan documents referenced above and all documents executed and delivered by Debtor to Secured Party with respect to the Loans are collectively referred to as the “Loan Documents.”
The Loan Documents secure indebtedness owed by Debtor to Secured Party in a principal amount of not less than $2,500,000.00 (but no more than $5,000,000), plus unpaid interest, attorneys’ fees and other charges including the costs to sell the Collateral (the “Indebtedness”).
Events of default have occurred under the Loans and Loan Documents.
Secured Party, pursuant to the Uniform Commercial Code, the Loan Documents and applicable Delaware and Tennessee law, including Del. Code Ann. tit. 6, §§ 9-601(a), 610(a), 611(a), et. seq. and Tenn. Code Ann. §§ 47-9-611, 612, 613, provides this notice that it will sell the Collateral described below (“Collateral”) by Public Sale to be conducted as follows:
Date of Sale: Monday, February 5, 2024, at 4:00 o’clock p.m. (CST)
Method and Place of Sale: The Public Sale will be held by a hybrid bidding process, with virtual bidding via Zoom allowed and in-person bidding at the offices of Exo Legal PLLC, 818 18th Avenue South, Tenth Floor, Nashville, TN 37203.
The Public Sale will be conducted by David Anthony. For further information, contact David Anthony, Exo Legal PLLC, at (615) 869-0634.
Collateral: All assets and personal property of Debtor, whether presently existing or hereafter acquired or arising and wherever located, including, without limitation, all accounts, chattel paper, deposit accounts, documents, electronic chattel paper, equipment, fixtures, general intangibles, goods, health-care-insurance receivables, instruments, inventory, investment property, letter-of-credit rights, payment intangibles, promissory notes, software, any commercial tort claims hereafter identified by Debtor in any authenticated record delivered to Secured Party, and all supporting obligations, products, and proceeds of any of the foregoing.
Other Parties Receiving Notice: Internal Revenue Service; Commissioner of Revenue, Tennessee Department of Revenue; Tennessee Department of Labor and Workforce Development
As to all or any part of the Collateral, the right is reserved to (i) sell in such lots, parcels, segments or groupings as Secured Party may choose; (ii) to sell part or all of the Collateral and/or delay, continue, adjourn, cancel or postpone the sale of any part of the Collateral; (iii) to sell in whole and then sell in parts and consummate the sale in whichever matter produces the highest sale price; and/or (iv) to sell to the next highest bidder in the event any high bidder does not comply with the terms of the sale.
Secured Party shall sell, grant, convey, transfer, and deliver unto any successful purchaser all of the right, title, and interest in and to the Collateral which Secured Party has a right to sell as a Secured Creditor and no further or otherwise. The Collateral will be sold “as is”, “where is”, and “with all faults”, without any representations or warranties, expressed or implied and subject to any prior liens or encumbrances, if any. Without limiting the generality of the foregoing, Secured Party has not made and will not make any representations or warranties regarding the Collateral, the condition of the Collateral, warranty of title or marketability of title, quiet enjoyment or the like in this disposition, and the conveyance shall be with all defects and without any warranties, expressed or implied, including warranties of merchantability, condition, or of fitness for a general or particular purpose.
If you are interested in bidding via remote technology, the log-in for the sale is as follows:
You must pre-register for this bidding by contacting David Anthony, david@exolegal.com, in advance of the sale.
Topic: JCF Public Auction
Time: Feb 5, 2024 04:00 PM Central Time (US and Canada)
Join Zoom Meeting
https://us06web.zoom.us/j/83903165037?pwd=1UYnVoJ3yv2dApiOzli5dsP3eEIS2r.1
Meeting ID: 839 0316 5037
Passcode: AVAILABLE UPON REQUEST
For additional questions, contact: David M. Anthony, Attorney for Secured Creditor
Exo Legal PLLC
615-869-0634
david@exolegal.com