CN3331 STATE OF GEORGIA COUNTY OF CATOOSA NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Imogene Gaines to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $94,525.00 dated 03/29/2004, and recorded in Deed Book 1080, page 641, Catoosa County records, said Security Deed being last transferred and assigned to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP in Deed Book 1611, Page 683, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2012 by Bank of America, N.A., as Attorney-in-Fact for Imogene Gaines the following described property: All that tract or parcel of land lying and being in Land Lot No. 149 in the 28th District and 3rd Section of Catoosa County, Georgia and being known and designated as Lot No. 52, Unit 2, Battlefield Parkway Estates, as shown by per plat recorded in Plat Book 11, Page 147, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia and being more particularly described as follows: Beginning at a point located in the eastern right of way line of Battlefield Drive, said point being where the eastern right of way line of Battlefield Drive is intersected by the northwestern corner of Lot No. 52 of said subdivision (the same being the southeast corner of Lot No. 78 of said subdivision); thence with and along a line dividing Lot Nos. 51 and 52 of said subdivision, North 89 degrees 54 minutes East, a distance of 152.8 feet to a point; thence South 00 degrees 23 minutes West a distance of 110 feet to a point; thence with and along a line dividing Lots No. 52 and 78 of said subdivision, South 89 degrees 54 minutes West, a distance of 152.8 feet to a point located in the eastern right of way line of Battlefield Drive; thence with and along the eastern right of way line of Battlefield Drive, North 00 degrees, 23 minutes East, a distance of 110.00 feet to the Point of Beginning. Reference is made to a survey plat dated August 16, 1986, prepared by Charles L. Newman, Georgia Registered Surveyor, which said plat by reference incorporated herein. Subject to a 5 foot drainage easement along all side and rear lot lines as noted on recorded plat. Subject to restrictions recorded in Deed Book 247, page 794 in the Office of the above said Clerk. Property known as: 247 Battlefield Drive, Ringgold, GA 30736 The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law). The property will be sold as the property of The Aforesaid Grantors subject to the following: (1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is: Bank of America, N.A. Attn: Loss Mitigation, P. O. Box 5170, MS SV314B Simi Valley, CA 93065 PHONE: 800-669-6650 Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness. To the best of the undersigned's knowledge and belief, the party in possession is Imogene Gaines. Bank of America, N.A., as Attorney-in-fact for Imogene Gaines. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. Pendergast & Associates, P.C. South Terraces, Suite 1000 115 Perimeter Center Place Atlanta, GA 30346 Phone - (770) 392-0398 Toll Free - (866) 999-7088 www.penderlaw.com Our File No. 12-05285 7-11,18,25;8-1