CT966 NOTICE OF SALE UNDER POWER GEORGIA, GORDON 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 Brian J. Wilcox to Mortgage Electronic Registration Systems, Inc., dated April 27, 2009, recorded in Deed Book 1604, Page 181, Gordon County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 1711, Page 121, and as re-recorded in Deed Book 1763, Page 422, Gordon County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FIVE THOUSAND THREE HUNDRED TWENTY-SEVEN AND 0/100 DOLLARS ($135,327.00), 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 Gordon County, Georgia within the legal hours of sale on the first Tuesday in August, 2012, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 Brian J. Wilcox or a tenant or tenants and said property is more commonly known as 149 Sunrise Circle SE, Calhoun, Georgia 30701. 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 Brian J. Wilcox McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/slb3 8/7/12 Our file no. 5422312-FT11 EXHIBIT A All that tract or parcel of land lying and being in Land Lot No. 218 of the 7th District and 3rd Section of Gordon County, Georgia, said tract of land lying a portion of Track No. 23 of Sunrise Subdivision, which tract of land is depicted as .876 acres on that certain plat of survey entitled "Survey for Frank Gentry" by Freeman & Lambert Surveyors, P.C., signed and sealed by David A. Glass, G.R.L.S. No. 2822, and dated February 14, 2005, which plat of survey is recorded in Plat Book 44, page 231, Gordon County, Georgia records, which plat is incorporated herein by reference and made a part of this description. Commonly known as 149 Sunrise Circle, Calhoun, GA 30701 Property tax ID 066 064A1 Being the same premises conveyed unto Brian J. Wilcox, by Deed from Frank Gentry, dated 08/19/2005 and filed for record 08/31/2005, in Book 1228, Page 293, in the land records of Gordon County, Georgia. MR/slb3 8/7/12 Our file no. 5422312 - FT11 4T-8-1