40103831 20120031402687 Newman 7/12, 19, 26, 8/2 Notice of Sale Under Power. State of Georgia, County of DOUGLAS. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CARL J NEWMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR QUICKEN LOANS, INC , dated 04/22/2009, and Recorded on 05/13/2009 as Book No. 2788 and Page No. 670, DOUGLAS County, Georgia records, as last assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $281,287.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the DOUGLAS County Courthouse within the legal hours of sale on the first Tuesday in August, 2012, the following described property: LAND SITUATED IN THE COUNTY OF DOUGLAS IN THE STATE OF GA COUNTY OF DOUGLAS, STATE OF GEORGIA: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 74 OF THE 1ST DISTRICT, 5TH SECTION, DOUGLAS COUNTY GEORGIA, BEING LOT 5 OF THE GATES AT CHAPEL HILL, AS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 410 AND 411, DOUGLAS COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND INCORPORATED HEREIN BY REFERENCE. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney s fees (notice of intent to collect attorney s fees having been given). 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., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-0102. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 4275 SAN MARCO WAY, DOUGLASVILLE, GEORGIA 30135 is/are: CARL J NEWMAN or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. 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 CARL J NEWMAN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031402687 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.