NOTICE OF SALE UNDER POWER GEORGIA, CLARKE 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 Marilyn Payne Curtis and Roy L Curtis to Mortgage Electronic Registration Systems, Inc., dated September 16, 2005, recorded in Deed Book 02965, Page 127, Clarke County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 3804, Page 544, Clarke County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-ONE THOUSAND AND 0/100 DOLLARS ($121,000.00), 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 Clarke County, Georgia within the legal hours of sale on the first Tuesday in August, 2012, the following described property: SEE EXHIBIT ÒAÓ 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., 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. 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 Marilyn Payne Curtis and Roy L Curtis or a tenant or tenants and said property is more commonly known as 160 Old Winterville Rd, Athens, Georgia 30601. 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 Marilyn Payne Curtis and Roy L Curtis McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ms3 8/7/12 Our file no. 5605412-FT10 EXHIBIT ÒAÓ All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 216th District, G.M., Athens-Clarke County, Georgia, and being known as Lot 3 of Joseph L. Berryman Property, as more particularly shown on a survey entitled "Survey for Roy L. & Marilyn P. Curtis, dated April 24, 1996, by Ray N. Woods, registered Land Surveyor, and recorded in Plat Book 33, Page 13, In the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, Reference to which is hereby made for a more particular description of the property herein conveyed. MR/ms3 8/7/12 Our file no. 5605412 - FT10