G8-106369 51920806 Powell 8/9.12.19.26 NOTICE OF SALE UNDER POWER GEORGIA, CARROLL COUNTY and HARALSON 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 Karen Powell to Regions Bank d/b/a Regions Mortgage, dated March 22, 2004, recorded in Deed Book 2988, Page 110, Carroll County, Georgia Records and recorded in Deed Book 729, Page 470, Haralson County, Georgia Records,, as last transferred to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 4986, Page 338, Carroll County, Georgia Records, and recorded in Deed Book 1053, Page 596, Haralson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED EIGHT THOUSAND AND 0/100 DOLLARS ($208,000.00), 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 Carroll County, Georgia within the legal hours of sale on the first Tuesday in September, 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 Karen Powell or a tenant or tenants and said property is more commonly known as 584 Old Bremen Rd, Temple, Georgia 30179. 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 Karen Powell McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ndh 9/4/12 Our file no. 51920806-FT10 EXHIBIT A All that tract or parcel of land lying and being in Land Lot 178 of the 6th District, 5th Section of Haralson County, Georgia and being further described as follows: To find the point of beginning, commence at the intersections of the west Right of Way of Old Bremen Road, (a gravel road having a 40 foot right of way) with the North Right of Way of McClure Road and proceeding northward along the westerly right of way of Old Bremen Road for a distance of 881.02 feet to an iron pin found; thence leaving said Right of Way and proceeding South 50 degrees 51 minutes and 54 seconds West for a distance of 459.52 feet to the Point of Beginning thence continuing South 39 degrees 8 minutes and 06 seconds East for a distance of 182 feet, thence South 50 degrees 51 minutes 54 seconds East for a distance of 139.23 feet; thence South 68 degrees 49 minutes 51 seconds West for a distance of 142.88 feet; thence North 21 degrees 10 minutes 09 seconds West for a distance of 145 feet, thence North 50 degrees 51 minutes 54 seconds East for a distance of 230.41 feet to the Point of Beginning. Said tract being 1.010 acres and being that Tract "A" on a survey dated September 19th 2003 and prepared by Clifford R. Hughes, Georgia RLS #2010. Said plat being of record in Plat Book 34, Page 84, Haralson County, Georgia Public Real Estate Records. Also conveyed herewith is an easement for ingress and egress over the tract or parcel of land lying and being in Land Lot 178 of the 6th District and 5th Section of Haralson County, Georgia and also in Land Lot 179 of the 6th District of Carroll County, Georgia and being further described as follows: To find the Point of Beginning commence at the intersection of the West Right of Way of Old Bremen Road with the North right of Way of McClure Road and proceeding North along the West Right of Way of Old Bremen Road for a distance of 819.29 feet, to the point of beginning; thence leaving said Right of Way and proceeding South 50 degrees 51 minutes and 54 seconds West for a distance of 459.52 feet to a point; thence North 39 degrees 08 minutes 06 seconds West for a distance of 60 feet; thence North 50 degrees 51 minutes 54 seconds East for a distance of 459.52 feet to an iron pin on the Right of way of Old Bremen Road; thence South 53 degrees 30 minutes 42 seconds East for a distance of 61.73 feet to the Point of Beginning. MR/ndh 9/4/12 Our file no. 51920806 - FT10<br /><br />CLASS: