CN3334 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 Roger E. Varney and Fredrica C. Bowen-Varney to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $147,400.00 dated 04/15/2008, and recorded in Deed Book 1433, page 168, Catoosa County records, said Security Deed being last transferred and assigned to GMAC Mortgage, LLC in Deed Book 1563, Page 805, 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 GMAC Mortgage, LLC, as Attorney-in-Fact for Roger E. Varney and Fredrica C. Bowen-Varney the following described property: All that tract or parcel of land lying and being in Land Lot No. 13 in the 27th District and 3rd Section of Catoosa County, Georgia, being Tract 4 as per plat prepared by Joseph R. Evans, Georgia Registered Land Surveyor, dated 6/24/99, last revised 1/10/0, as follows: BEGINNING at an iron pin which marks the intersection of the south line of Land Lot 13 and the west right of way of Bandy Road (80 foot right of way); thence south 89 degrees 55 minutes 19 seconds west 800.53 feet to an iron pin; thence north 15 degrees 47 minutes 36 seconds east 10.19 feet to an iron pin; thence north 24 degrees 13 minute 35 seconds east 210.25 feet to a pine knot; thence north 66 degrees 27 minutes 17 seconds east 494.50 feet to an iron pin; thence north 89 degrees 48 minutes 29 seconds east 287.17 feet to an iron pin located in the right of way line of Bandy Road; thence south 03 degrees 25 minutes 00 seconds west along the west right of way line of Bandy Road 28.57 feet to an iron pin; thence continuing along said right of way line south 04 degrees 13 minutes 00 seconds west 371.43 feet to an iron pin and the point of beginning. Being the same property conveyed to Roger E. Varney and Fredrica C. Bowen-Varney by deed from Gregory L. Whitmire, Sr. and Genevia E. Whitmire recorded 12/09/2004 in Deed Book 1147, Page 777, in the Office of the Clerk of the Superior Court of Catoosa County, Georgia. Property known as: 2944 Bandy Rd, 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: GMAC Mortgage, LLC 1100 Virginia Avenue Ft. Washington, PA 19034 PHONE: 800-850-4622 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 Roger E. Varney and Fredrica C. Bowen-Varney. GMAC Mortgage, LLC, as Attorney-in-fact for Roger E. Varney and Fredrica C. Bowen-Varney. 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. 12-05039 7-11,18,25;8-1