PUBLIC NOTICE OF UCC SALE: American Crushing Company

NOTIFICATION OF DISPOSITION OF COLLATERAL AT A PUBLIC SALE

Reference is made to certain Security Agreement (the “Loan Document”) by and among Maynards Capital LP as successor lender (“Secured Party”) and American Crushing Company Inc., (the “Debtor”), wherein the Debtor pledged certain assets (“Collateral”) to secure payment for its obligations under the Loan Documents. Debtor is in default under the Loan Document and Debtor’s obligations to Secured Party secured by the Collateral exceed $200,000 (the “Obligations”). The Obligations are due and owing. A list of the Collateral is attached hereto Exhibit “A.”.

PLEASE TAKE NOTICE THAT, Article 9 of the Uniform Commercial Code for the state of Virginia (“UCC”) and the Loan Document, Secured Party will sell (or lease or license, as applicable) at public auction, at the  date, time and location described below (the “Auction”), in multiple lots or one lot, at its discretion, all of Debtor’s right, title and interest in the Collateral, whether now owned or hereafter acquired and wherever located, together with all replacements and substitutions therefore and all cash and non-cash proceeds (including insurance proceeds and any title and UCC insurance proceeds), and products thereof, and, in the case of tangible collateral, together with all additions, attachments accessions, parts, equipment and repairs now or hereafter attached or affixed thereto or used in connection therewith.

The Auction will commence on September 5, 2024, at 12:00 PM EST at 6750 East Camelback Road, Suite 103 Scottsdale Arizona 85261 via videoconference (with further instructions to be provided to Qualified Bidders, as defined below). Bidders must register to attend the Auction no later than September 4, 2024, by contacting Resolute Commercial Services at [email protected] to whom other relevant inquiries may also be made. Qualified Bidders are those who have registered for the auction, indicated interest in certain assets, and provided qualifying information like proof of ability to fund purchase.  Terms are cash, wire, or cashier’s check only. The Selected Bidder shall pay the full amount of its bid as the purchase price for the Collateral, after deduction for the Required Deposit, by wire transfer of immediately available federal funds, no later than 3:00 p.m. EST on the next business day after the date of the public sale.

The Secured Party has the right, but not the obligation, to credit bid at the Auction up to the amount of the Obligations plus interest, charges, fees, costs, and expenses recoverable under the Loan Document. Secured Party reserves the right to determine the date and manner of publication of any notice of the Auction. The Secured Party shall have the right to adjourn the Auction one or more times on such terms and conditions announced at the Auction. No further publication or other notice of any kind of such adjournment shall be required for any such adjournment.

The sale is being made pursuant to the disposition of collateral procedures in the UCC without any recourse, warranties or representations of any kind, express or implied, and on an “AS IS, WHERE IS,” and “WITH ALL FAULTS” basis. Purchaser is responsible for obtaining possession of the assets being sold.

Secured party does not and cannot warrant the extent of Debtor’s rights, if any, in the Collateral, or regarding the accuracy or completeness of any information regarding the Collateral or Debtor’s rights in the Collateral. Any prospective buyer of the Collateral is responsible for its own due diligence and investigation regarding the Collateral and other liens and encumbrances on the Collateral. Any sale of the Collateral shall be a final sale on an AS IS, WHERE IS basis and will be made without any warranty, expressed or implied, as to the merchantability or fitness for any purpose or a particular purpose and without warranty, expressed or implied, as to any other matter including, but not limited to, the enforceability of any license agreement or other contract or right.

To the extent that any Obligations remain unpaid after the Auction, the Secured Party reserves all right to recover such remaining Obligations from the Debtor or any other obligor or guarantor.

As Debtor, you are entitled to an accounting of the unpaid principal indebtedness secured by the property to be sold. This may be requested by contacting Resolute Commercial Services at [email protected].        

EXHIBIT
A

“Collateral” means All right, title, interest, claims and demands of Company in and to the following

Capitalized terms used but not otherwise in this Exhibit A shall have the meanings given to them in the Uniform Commercial Code of the State of Virgina as in effect from time to time.  The Collateral is owned by American Crushing Company, Inc., and the Collateral being sold at this sale includes only the assets of American Crushing Company, Inc. The Secured Party reserves all of its rights and interest in the assets of all other parties to the loan documents and reserves the rights to conduct additional sales of such assets.