(FREE) STATE OF GEORGIA COUNTY OF HALL NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed given by Leakhena L. Free to Mortgage Electronic Registration Systems, Inc, dated October 22, 2008, recorded on 11/11/2008 in Deed Book 6438, Page 552, Hall County, said Security Deed having been last sold, assigned, transferred and conveyed to Flagstar Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of One Hundred Twenty-Eight Thousand One Hundred Eighty-Two and 00/100 DOLLARS ($128,182.00), with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on September 4, 2012 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 34 OF THE 10TH DISTRICT, HALL COUNTY, GEORGIA, BEING IN LOT 93 AND A PORTION OF LOT 92, OF HUBERT VICKERS ET. AL. SUBDIVISION, AS PER PLAT FOR RANDY KINSEY CONSTRUCTION CO., DATED MAY 26, 1999, PREPARED BY FARLEY-COLLINS ASSOCIATES AND RECORDED IN PLAT BOOK 770, PAGE 102A, HALL COUNTY, GEORGIA RECORDS, TO WHICH PLAT REFERENCE IS MADE FOR A MORE DETAILED DESCRIPTION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING BEGIN AT THE INTERSECTION OF THE CENTERLINE OF KIMBERLY DRIVE AND LEACH ROAD; THENCE NORTH 86 DEGREES 37 MINUTES 53 SECONDS WEST A DISTANCE OF 146.40 FEET TO _ INCH REBAR SET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 18 DEGREES 16 MINUTES 54 SECONDS EAST A DISTANCE OF 477.04 FEET TO A _ INCH REBAR FOUND; THENCE NORTH 89 DEGREES 50 MINUTES 41 SECONDS WEST A DISTANCE OF 145.05 FEET TO A _ INCH REBAR FOUND; THENCE NORTH 23 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 357.27 FEET TO A STAKE; THENCE NORTH 43 DEGREES 20 MINUTES 25 SECONDS EAST A DISTANCE OF 129.37 FEET ALONG KIMBERLY DRIVE TO A POINT; THENCE NORTH 57 DEGREES 43 MINUTES 8 SECONDS EAST ALONG AN ARC HAVING A CHORD OF 57.14 FEET, AN ARC OF 57.75 FEET AND A RADIUS OF 114.99 FEET A _ INCH REBAR SET AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 1.497 ACRES OR LAND MORE OR LESS. Said property is known as 3717 Kimberly Drive, Gainesville, GA 30506, together with all fixtures and personal property attached to and constituting a party of said property, if any. Said property will be sold as the property of Leakhena L. Free, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Leakhena L. Free or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, 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 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. 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 of the audit of the status of the loan as provided immediately 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, without limitation, attorneys' fees. Notice has been given of intention to collect attorneys' fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law. Pursuant to O.C.G.A. 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 above-described mortgage is as follows: Flagstar Bank, FSB, 5151 Corporate Drive, MS S-110-3, Troy, MI 48098 , 800-945-7700. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. Flagstar Bank, FSB as Attorney in Fact for Leakhena L. Free Morris|Hardwick|Schneider, LLC 1301 Hightower Trail, Suite 305 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 313642 8/10, 16, 23, 30