NOTICE OF SALE

UNDER POWER

GEORGIA, PUTNAM 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 Howard T Franks and Tammy W. Franks to Mortgage Electronic Registration Systems, Inc., dated September 11, 2007, recorded in Deed Book 615, Page 387, Putnam County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 678, Page 187, Putnam County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($188,000.00), 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 Putnam County, Georgia within the legal hours of sale on the first Tuesday in December, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF

EXHIBIT A

All that tract or parcel of land lying and being in Land Lot 237, 4th Land District, 306 GMD Putnam County, Georgia and being more particularly described as follows:

Beginning at an iron pin set on the easterly side of Parks Mill Road (having a 100 foot right of way) 2983 feet northerly from the centerline of Upper Harmony Road as measured along the easterly side of Parks Mill Road, running thence north 7 degrees 16 seconds 11 minutes east a distance of 110.41 feet to a traverse point, thence north 13 degrees 28 minutes 51 seconds east a distance of 197.47 feet to a traverse point; thence north 17 degrees 12 minutes 01 seconds east a distance of 199.36 feet to an iron pin found at the southwest corner of property now or formerly owned by Monica A. Smith; running thence south 49 degrees 00 minutes 53 seconds east along the southwesterly property line of Monica A. Smith a distance of 498.77 feet to an iron pin set; thence south 51 degrees 19 minutes 34 seconds east a distance of 91.70 feet to an iron pin found; thence south 75 degrees 29 minutes 15 seconds west a distance of 121.25 feet to a creek traverse point; thence south 77 degrees 47 minutes 15 seconds west a distance of 192.49 feet to a creek traverse point; thence south 81 degrees 49 minutes 34 seconds west a distance of 237.13 feet to a creek traverse point; thence south 84 degrees 04 minutes 54 seconds west a distance of 26.95 feet to an iron pin set and point of beginning with the southwesterly property line being the centerline of a creek and following the meanderings thereof; being improved property known as 163 Parks Mill Road according to the present system of numbering houses in Putnam County, Georgia and being more particularly described on a plat of survey by Robert H. Harwell, RLS, dated September 7, 1995 and recorded in plat book 21, page 137, Putnam County Georgia Records and made a part of this description by reference.

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, 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 Howard T Franks and Tammy Franks or a tenant or tenants and said property is more commonly known as 162 Parks Mill Road, Buckhead, Georgia 30625.

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.

BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP

as Attorney in Fact for

Howard T Franks and Tammy W. Franks

McCalla Raymer, LLC

1544 Old Alabama Road

Roswell, Georgia 30076

www.foreclosurehotline.net

MR/wxc 12/1/09

Our file no. 51489209-FT4

11-05,12,19,26c