NOTICE IS HEREBY GIVEN that the above-described Collateral shall be sold or otherwise disposed of, pursuant to Commercial Code, §9610 et. seq., by Secured Party Mountain Mike’s Pizza LLC at a public auction sale (“Auction”) to be held on January 12, 2023 at 10:00 a.m. (PDT) (“Sale Date”), unless adjourned or continued, to be held via videoconference on Zoom or similar service, conducted by a licensed auctioneer, to the highest bidder for cash, certified check, or cashier’s check, in lawful money of the United States, and on terms at least equal to the following:
- At the present time, the Debtors are obligated to Secured Party pursuant to that certain Senior Secured Multi Draw Term Loan Agreement and Guaranty, dated as of October 26, 2020, the Senior Secured Promissory Note dated October 26, 2020 in the principal sum of $1,185,000, the Security Agreement dated October 26, 2020, and other loan documents (“Loan Documents”), in the outstanding amount of $1,540,639.85 as of December 1, 2022 which continues to accrue interest, attorneys’ fees and other charges (“Outstanding Amount”). Secured Party may credit bid up to the sum of the Outstanding Amount and must tender cash, a certified check, or a cashier’s check in lawful money of the United States, as the same as any other bidder for any sum bid over and above the Outstanding Amount.
- The bidding is open to the public and any person or entity other than Secured Party may purchase the Collateral and the purchase price must be paid by cash, certified check, or cashier’s check only, payable on the Sale Date, except Secured Party may credit bid as set forth above. The sale will be a public sale, by Auction, with reserve. The Collateral will be sold as a block and will not be divided or sold in any lesser amounts.