12-0926L NOTICE OF SALE UNDER POWER GEORGIA, SPALDING 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 Richard Folds to Mortgage Electronic Registration Systems, Inc., dated September 23, 2008, recorded in Deed Book 3291, Page 291, Spalding County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 3403, Page 273, Spalding County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FOUR THOUSAND TWENTY-THREE AND 0/100 DOLLARS ($74,023.00), 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 Spalding County, Georgia within the legal hours of sale on the first Tuesday in August, 2012, the following described property: All that lot, tract or parcel of land situate, lying and being in Land Lot 77 of the Second Land District of Spalding County, Georgia, and being more particularly shown and designated as Lot 12, Powers Court Park, Phase One, on a plat of survey recorded in Plat Book 24, Page 44-45, in the Office of the Clerk of Superior Court of Spalding County, Georgia, and which said plat, together with the metes, bounds, courses and distances shown thereon with respect to said property is incorporated herein and made a part hereof as fully as if set out herein. 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 Virginia Berry Folds and Richard Folds, Jr. or a tenant or tenants and said property is more commonly known as 1723 Park Cir, Griffin, Georgia 30224. 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 FKA Countrywide Home Loans Servicing, LP as Attorney in Fact for Richard Folds McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/em2 8/7/12 Our file no. 52933209-FT11 July 13, 20, 27, & August 3, 2012.<br /><br />CLASS: