The Summerville News
Chattooga County

Karen McKinney 02 07 13
Feb 10, 2013 | 354 views | email to a friend | print

Karen McKinney 02 07 13

STATE OF GEORGIA

COUNTY OF CHATTOOGA

NOTICE OF SALE UNDER POWER

IN DEED TO SECURE DEBT

Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Karen D. McKinney and Stephen R. McKinney to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB in the original principal amount of $315,000.00 dated 12/19/2007, and recorded in Deed Book 540, page 226, Chattooga County records, said Security Deed being last transferred and assigned to BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP in Deed Book 590, page 46, Chattooga County records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of March, 2013 by Bank of America, N.A, as Attorney-in-Fact for Karen D. McKinney and Stephen R. McKinney the following described property:

All that tract or parcel of land lying and being in Land Lot 139 of the 25th District and 3rd Section, Chattooga County, Georgia, and being more particularly described according to a plat of survey prepared by Donald O. Babb, Georgia Registered Land Surveyor No. 2020, dated May 19, 2004 and being more particularly described according to said survey as follows:

Beginning at a point on the east right of way of Dry Creek Road (30-foot right of way), which is 996.93 feet in a southerly direction from the intersection of the center line of Dry Creek with the east right of way of Dry Creek Road, as measured along the east right of way line of Dry Creek Road; thence North 81 degrees 35 minutes 35 seconds East, a distance of 484.16 feet; thence South 10 degrees 25 minutes 37 seconds East, a distance of 575.22 feet to a point in the north line of the property conveyed to Morris Pauline Jones in Deed Book 459, Page 581, Walker County, Georgia Land Records; thence along the north line of the Jones property, North 89 degrees 58 minutes 36 seconds West, a distance of 508.21 feet to a point in the east right of way of Dry Creek Road; thence along said east right of way, North 08 degrees 57 minutes 39 seconds West, a distance of 500.55 feet to the point of beginning.

For prior title, see Deed Book 316, Page 16, Deed Book 454, Page 218, Deed Book 461, Page 541, Chattooga County, Georgia Land Records.

This conveyance is made subject to all zoning ordinances, easements, and restrictions of record insofar as the same may lawfully affect the above-described property.

For title deed reference in Book 466, Page 121.

Property commonly known as: 6050 Dry Creek Rd., Summerville, GA 30747.

Property known as: 6050 Dry Creek Rd., Summerville, GA 30747

The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).

The property will be sold as the property of Karen D. McKinney and Stephen R. McKinney subject to the following:

(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.

Bank of America, N.A holds the duly endorsed Note and is the current assignee of the Security Deed to your property. Bank of America, N.A, acting on behalf of and, as necessary, in consultation with Federal National Mortgage Association (the current investor on your loan), is the entity with the full authority to negotiate, amend, and modify all terms of your loan. Pursuant to O.C.G.A. Section 44-14-162.2, you may contact Bank of America, N.A at: Bank of America, N.A., Home Loan Assistance Dept., 7105 Corporate Drive, Plano, TX 75024, PH: 800-669-6650

Please note that, pursuant to O.C.G.A Section 44-14-162.2, you are not automatically entitled by law to an amendment or modification of the terms of your loan.

To the best of the undersigned's knowledge and belief, the party in possession is Karen D. McKinney and Stephen R. McKinney.

Bank of America, N.A, as Attorney-in-fact for Karen D. McKinney and Stephen R. McKinney.

This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.

Pendergast & Associates, P.C.

115 Perimeter Center Place

South Terraces, Suite 1000

Atlanta, GA 30346

Phone - 770-392-0398

Toll Free - 866-999-7088

www.penderlaw.com

Our File No. 12-51781-2