# 342

NOTICE OF SALE UNDER POWER

GEORGIA, MORGAN COUNTY

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Under and by virtue of the Power of Sale contained in a Security Deed given by Penny Kitchens to Mortgage Electronic Registration Systems, Inc., dated January 21, 2008, recorded in Deed Book 443, Page 736, Morgan County, Georgia Records, as last transferred to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 493, Page 288, Morgan County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Morgan County, Georgia within the legal hours of sale on the first Tuesday in September, 2012, the following described property:

SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF

FT14 EXHIBIT A All that tract or parcel of land lying and being in Land Lot 12 of the 19th Land District, GMD 396, Morgan County, Georgia, designated as Lot 3, containing 2.042 acres, more or less, as more particularly described on plat of survey for Penny G. Kitchens, dated June 7, 2007, prepared by Whitley Land Surveying Inc., certified by William E. Whitley, GA. R.L.S. No. 2686 and recorded at Plat Book 40, Pages 1-2, Morgan County records. Said plat of survey and the record thereof are incorporated herein by reference for a more complete description of the subject property. Subject property is improved with a dwelling known as 4020 Brownwood Road, Madison, Georgia 30650 according to the current system of numbering houses in Morgan County. MR/tlj 9/4/12 Our file no. 51290911 - FT14

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). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Penny Kitchens or a tenant or tenants and said property is more commonly known as 4020 Brownwood Road, Madison, Georgia 30650. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. This law firm is seeking solely to foreclose the creditor s lien on real estate and this law firm will not be seeking a personal money judgment against you.

Bank of America, N.A.,

successor by merger to

BAC Home Loans Servicing, LP

formerly known as Countrywide Home Loans Servicing LP

as Attorney in Fact for Penny Kitchens

McCalla Raymer, LLC

1544 Old Alabama Road

Roswell, Georgia 30076 www.foreclosurehotline.net

MR/tlj 9/4/12 Our file no. 51290911-14

Aug.9, 16,23, 30