CT981 NOTICE OF SALE UNDER POWER GEORGIA, GORDON COUNTY By virtue of a Power of Sale contained in that certain Security Deed from Leaman Smith AKA Leamon Smith, Melonie Smith to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for E-Loan, Inc., dated April 13, 2007, recorded April 17, 2006, in Deed Book 1425, Page 165-175, Gordon County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Nineteen Thousand Two Hundred and 00/100 dollars ($119,200.00), 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 Gordon County, Georgia, within the legal hours of sale on the first Tuesday in August, 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 LAND LOT 293 OF THE 7TH DISTRICT AND 3RD SECTION OF GORDON COUNTY, GEORGIA AND BEING LOT 20 OF STONE MILL SUBDIVISION, PHASE 2, ACCORDING TO A PLAT OF SURVEY AS RECORDED AT PLAT BOOK 41, PAGE 232, GORDON COUNTY, GEORGIA RECORDS, WHICH PLAT BY REFERENCE IS INCORPORATED HEREIN AND MADE A PART HEREOF. SUBJECT TO COVENANTS AS RECORDED AT DEED BOOK 896, PAGE 163, GORDON COUNTY, GEORGIA RECORDS. Said legal description being controlling, however the property is more commonly known as 137 Mill Stone Lane , Calhoun, GA 30701. 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 Leaman Smith AKA Leamon Smith, Melonie Smith, 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 LEAMAN SMITH AKA LEAMON SMITH, MELONIE SMITH 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-09-36416-0006 Ad Run Dates 07/11/2012, 07/18/2012, 07/25/2012, 08/01/2012 www.rubinlublin.com/property-listings.php 4T-8-1