G8-106835 20120031404371 Chosewood 8/188.8.131.52 Notice of Sale Under Power. State of Georgia, County of HARALSON. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MINNIE LOUISE CHOSEWOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR TAYLOTR, BEAN & WHITAKER MORTGAGE CORP. , dated 08/22/2006, and Recorded on 08/28/2006 as Book No. 867 and Page No. 35, HARALSON County, Georgia records, as last assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $60,845.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the HARALSON County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property: ALL THAT TRACT OR PARCEL OF LAND LOT 264, 7TH DISTRICT AND 5TH SECTION OF HARALSON COUNTY, GEORGIA AND BEING ALL OF SUBDIVIDED LOT #5 OF THE R. L. HUDSON SUBDIVISION. A PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 159, HARALSON COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY REFFERED TO AND BY REFERENCE MADE AN ESSENTIAL PART HEREOF. EXCEPTED HEREFROM IS THAT CERTAIN TWENTY (20) FEET CONVEYED TO KAY BROCK BURNS ON THE FRONT OF CARROLLTON STREET AND EXTENDING BACK TO A POINT OF NOTHING AT THE REAR, AS DESCRIBED AT FURTHER DESCRIPTION OF LESS AND EXCEPT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 264 AND 241 OF THE 7TH DISTRICT AND 5TH SECTION OF HARALSON COUNTY, GEORGIA AND BEING ALL OF SUBDIVIDED LOT 6 AND A PORTION OF SUBDIVIDED LOT 5 OF THE R. L. SUBDIVISION. A PART OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 159, HARALSON COUNTY DEED RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE. SAID PROPRTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEINNING AT A POINT WHERE THE NORTH LAND LOT LINE OF LAND LOT 264 INTERSECTS THE WEST RIGHT OF WAY LINE OF CARROLLTON STREET; THENCE FROM THE POINT OF BEGINNING NORTH 28 DEGREES 26 MINUTES WEST ALONG THE RIGHT OF WAY LINE OF CARROLLTON STREET 32 FEET MORE OR LESS TO A POINT WHERE CARROLLTON STREET INTERSECTS THE SOUTHERLY RIGHT OF WAY LINE OF AN UNNAMED STREET; THENCE SOUTH 46 DEGREES 04 MINUTES WEST ALONG THE RIGHT OF WAY OF SAID STREET 185.6 FEET; THENCE SOUTH 32 DEGREES 09 MINUTES EAST 74.3 FEET; THENCE NORTH 55 DEGREES 32 MINUTES EAST 175 FEET TO THE RIGHT OF WAY OF CARROLLTON STREET 73 FEET; MORE OR LESS, TO THE POINT OF BEGINNING. CAPTIONED PROPERTY IS SUBJECT TO ALL MATTERS SHOWN ON ABOVE-REFERENCED PLAT. CAPTIONED PROPERTY IS SUBJECT TO ALL EASEMENTS AND RESTRICITIONS OF RECORD AFFECTING SAID PORPERTY. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney s fees (notice of intent to collect attorney s fees having been given). 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., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-0102. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 267 CARROLLTON STREET, WACO, GEORGIA 30182 is/are: MINNIE LOUISE CHOSEWOOD or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. 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 MINNIE LOUISE CHOSEWOOD. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031404371 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.