NOTICE OF SALE UNDER POWER GEORGIA, COWETA 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 Nancy C. Spencer and Jerry Spencer to Mortgage Electronic Registration Systems, Inc., dated August 18, 2006, recorded in Deed Book 3037, Page 62, Coweta County, Georgia Records, as last transferred to Bank of America, N.A. by assignment recorded in Deed Book 3777, Page 477, Coweta County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-TWO THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($122,400.00), 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 Coweta 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 Nancy C. Spencer and Jerry Spencer or a tenant or tenants and said property is more commonly known as 431 Buddy West Rd, Newnan, Georgia 30263. 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. as Attorney in Fact for Nancy C. Spencer and Jerry Spencer McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dt3 9/4/12 Our file no. 5877311-FT14 EXHIBIT A The following property, to-wit: All that tract or parcel of land situate, lying and being in Land Lot 154 of the Fifth Land District, of Coweta County, Georgia, being shown as Tract 1, containing 20.545 acres, on plat acres, on plat of survey prepared for Nancy C. Spencer and Patsy C. Gillespie by John R. Christopher, Registered Land Surveyor, dated March 3, 1988, and recorded in the Office of the Clerk of the Superior Court of Coweta County, Georgia, as Plat Book 44, Page 162, reference to which plat is hereby made for a more particular description of the tract herein conveyed. Less and except: All that tract or parcel of land, containing 5.0 acres, situate, lying and being in Land Lot 154 of the Fifth Land District, Coweta County, Georgia, as shown by plat of survey for Sandra D. Fitzgarald dated May 3. 1988, made by John R. Christopher, Registered and Surveyor, as recorded in Plat Book 44, Page 218, Office of the Clerk of the Superior Court of Coweta County, Georgia, to which plat reference is hereby made for a more particular and accurate description of the property conveyed herein and being more particularly described as follows: Begin at an iron located on the south land lot line of Land Lot 154 of the Fifth Land District, which iron is located North 89 degrees 25 minutes 21 seconds West 1033.20 feet from the southeast corner of Land Lot 154, and from said point of beginning run North 18 degrees 13 minutes 01 seconds East 1,192.58 feet to an iron; thence run along the southerly right of way of Buddy West Road north 60 degrees 45 minutes 56 seconds West, 42.62 feet to a point; thence continuing along said southerly right of way;, run North 58 degrees 31 minutes 27 seconds West 120.38 feet to an iron; thence run South 19 degrees 42 minutes 16 seconds West 1,289.97 feet to an iron; thence run South 89 degrees 25 minutes 21 seconds East 201.99 feet along the south land lot line of Land Lot 154 to the point of beginning of the property conveyed herein. Excepting and Reserving Deed Book 1000 Page 262: All that tract or parcel of land consisting of 5.0 acres, lying and being in Land Lot 154 of the Fifth Land District of Coweta County, Georgia, as shown by plat of survey by John R. Christopher, Registered Land Surveyor, for Johnny Murren and Sheila D. Murren, dated February 14, 1996, and recorded in Plat Book 61, Page 217, Office of the Clerk of the Superior County, Coweta County, Georgia, reference to which plat is hereby made for a more particular description of said tract. Also Excepting and Reserving Deed Book 1086 Page 490: All that tract or parcel of land situate, lying and being in Land Lot 154 of the Fifth Land District, Coweta County, Georgia, containing 8.545 acres and being more particularly shown on plat of property dated 12/10/96 prepared by John R. Christopher, Georgia Registered Land Surveyor for Charles Travis Ivy, Jr., said plat of records in Plat Book 64, Page 23, Office of the Clerk, Coweta County Superior Court, reference to which plat is hereby made for a more particular description of the tract herein conveyed. Said tract is described according to said plat as follows: Begin at a point located on the southerly right of way of Buddy West Road, said point being 948.36 feet northwesterly of the point of intersection of the southerly right of way of Buddy West Road with the east land lot line of Land Lot 154 of the Fifth Land District, Coweta County, Georgia, all as measured along the southerly right of way of said Buddy West Road and from said beginning point run thence North 58 degrees 31 minutes 27 seconds West 10.56 feet along the southerly right of way of Buddy West Road; thence continue along said right of way North 57 degrees 33 minutes 58 seconds West 20.15 feet to a point located on said right of way; thence run South 19 degrees 42 minutes 16 seconds West 417.40 feet to a point; thence run North 70 degrees 17 minutes 44 seconds West 286.53 feet to a point; thence run South 43 degrees 23 minutes 22 seconds West 381.28 feet to a point; thence run South 03 degrees 09 minutes 40 seconds West 655.31 feet to a point; thence run South 89 degrees 25 minutes 21 seconds East 299.64 feet to a point; thence run North 19 degrees 42 minutes 16 seconds east 1289.97 feet to a point located on the southerly right of way of Buddy West Road and the point of beginning. Address: 431 Buddy West Rd.; Newnan, GA 30263 Tax Map or Parcel ID No.: 072-5154-008 MR/dt3 9/4/12 Our file no. 5877311 - FT14 No. 54571-8-9-16-23-30