12-0905L STATE OF GEORGIA COUNTY OF SPALDING NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Security Deed executed by Tony W. Clay, Jr. to Mortgage Electronic Registration Systems, Inc. dated November 29, 2001, and recorded in Deed Book 1999, Page 75, Spalding County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverHome Mortgage Company F/K/A Alliance Mortgage Company, by Assignment , securing a Note in the original principal amount of $36,000.00, 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 the first Tuesday, August 7, 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 lot or parcel of land situate, lying and being in Land Lot 127 of the Third Land District or originally Henry, now Spalding County, Georgia, and being more particularly shown and designated as Lot 26 on a Plat of Survey of property of Lowell-Bleachery South, made by John W, Oxford, Jr., C.E. dated October 1961, a copy of which said plat is recorded in Plat Book 6, Page 148 of the Superior Court records of Spalding County, Georgia, and which said plat, together with the metes, bounds, courses and distances of said lot as shown thereon is incorporated herein and made a part of this description by reference. Said Lot 26 as shown on said plat fronts 90 feet on the South property line of Bleachery Street and runs back South 0 degrees 50 minutes West of even width 160 feet. Said property is known as 48 Bleachery Street, Griffin, GA 30223, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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. Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed. The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Tony W. Clay, Jr. and Kimberly Dawn Clay or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. EverBank successor by merger to EverHome Mortgage Company F/K/A Alliance Mortgage Company as Attorney-in-Fact for Tony W. Clay, Jr. File no. 10-013971 SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Duke Building, Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/BO www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. July 13, 20, 27, & August 3, 2012.