CS2058 NOTICE OF SALE UNDER POWER GEORGIA, POLK COUNTY By virtue of a Power of Sale contained in that certain Security Deed from JOHN M. NICHOLS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR REALTY MORTGAGE CORPORATION, dated August 30, 2007, recorded October 10, 2007, in Deed Book 1250, Page 137, Polk County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Eighty-Four Thousand Six Hundred Ninety-Five and 00/100 dollars ($84,695.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Polk County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012, all property described in said Security Deed including but not limited to the following described property:ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE TOWN OF ARAGON, POLK COUNTY, GEORGIA, AND BEING THE LOT SHOWN AS NO. 132 ON A PLAT ENTITLED "A SUBDIVISON OF ARAGON MILL VILLAGE OWNED BY A.D. JUILLIARD & COMPANY, INC." MADE BY J.P. BASKIN & ASSOCIATES, DATED AUGUST 15, 1953, AND RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF SAID COUNTY, IN PLAT BOOK B, PAGE 153, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE SPECIFIC DESCRIPTION OF SAID PROPERTY. THE BUILDINGS AND IMPROVEMENTS ON SAID LOT ARE KNOWN AS 30 OAK STREET.Said legal description being controlling, however the property is more commonly known as 30 OAK STREET, ARAGON, GA 30104.The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is JOHN M. NICHOLS, or tenants(s). 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. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is:Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070 Telephone Number: 800-720-3758 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 JOHN M. NICHOLS THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 400, Norcross, GA 30092 Telephone Number: (877) 813-0992 Case No. BAC-12-05609-0002 www.rubinlublin.com/property-listings.php Aug. 8, 15, 22, 29, 2012