CT996 STATE OF GEORGIA COUNTY OF GORDON NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Security Deed executed by Juan Gutierrez Rosales to Union Planters Bank, NA d/b/a Regions Mortgage dated September 9, 2004, and recorded in Deed Book 1114, Page 212, Gordon County Records, securing a Note in the original principal amount of $83,700.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 7, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land lying and being in the 14th District, 3rd Section of Gordon County, Georgia, in Land Lot 279 & 298, of the Spring Valley subdivision and being more particularly described as follows: Beginning at an iron pin located on the easterly right-of-way of Brian Drive (mistakenly referred to in previous conveyance as Stewart Drive) as the southwest corner of said Lot No. 47, said iron pin also marking the northwest corner of said Lot No. 46 of said subdivision and from said point of beginning thence running north a distance of 118.0 feet to an iron pin; thence running east a distance of 170.0 feet to an iron pin; thence running 118.0 feet to an iron pin; then running west a distance of 170.0 feet to an iron pin marking the point of beginning. Said property being shown by plat of survey entitled "Spring Valley Subdivision", Plat #3, prepared by Carl F. Freeman, Jr. Georgia Registered Land Surveyor No. 1619, dated 11/28/72, said plat of survey being recorded in the Office of the Clerk of the Superior Court of Gordon County, Georgia, in Plat Book 6, Page 271, to which said plat and the record thereof reference is hereby made for a full and complete description of the lands herein conveyed, being lot #47 of said subdivision. Said property is known as 140 Brian Drive SW, Calhoun, GA 30701, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to 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, 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 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. Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed. The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Juan Gutierrez Rosales or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Regions Bank DBA Regions Mortgage successor by merger to Union Planters Bank, NA as Attorney-in-Fact for Juan Gutierrez Rosales File no. 12-031685 SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Duke Building, Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/CK www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] 4T-8-1