NOTICE OF SALE UNDER POWER<br /><br />Because of a default in the payment of the indebtedness secured by a Security Deed executed by Carlis I. Barrs and Clara D. Barrs to Mortgage Electronic Registration Systems, Inc. dated September 8, 2003, and recorded in Deed Book 1039, Page 299, Coffee County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank byAssignment, securing a Note in the original principal amount of $32,050.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 4, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: <br /><br />ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LOT OF LAND NUMBER 45 IN THE FIRST (1ST) LAND DISTRICT OF COFFEE COUNTY, GEORGIA, CONTAINING 5.61 ACRES, ALL ACCORDING TO A PLAT OF SURVEY MADE BY CARLTON EVANS, SURVEYOR, SAID PLAT BEING RECORDED IN PLAT BOOK 6, PAGE 133 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF COFFEE COUNTY, GEORGIA, BEING TRACT NUMBER ONE (1) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS SAID POINT OF BEGINNING TO BE LOCATED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT NUMBER 45, THENCE RUNNING EAST ALONG LINE 2.326 FEET TO A DIRT STREET, THENCE NORTH 4 DEGREES 33 MINUTES WEST 327.5 FEET TO A FENCE, THENCE SOUTH 88 DEGREES 00 MINUTES EAST ALONG SAID FENCE 995.7 FEET TO ANOTHER FENCE, THENCE SOUTH 13 DEGREES 24 MINUTES EAST 309.7 FEET ALONG SAID FENCE THENCE SOUTH 11 DEGREES 07 MINUTES WEST 50 FEET, THENCE NORTH 44 DEGREES 43 MINUTES WEST 770.5 FEET TO A STAKE, THENCE SOUTH 52 DEGREES 25 MINUTES WEST 225 FEET, THENCE SOUTH 65 DEGREES WEST 361 FEET TO THE POINT OF BEGINNING.??BEING THE SAME PROPERTY CONVEYED TO CARLIS I. BARRS AND BETTY J. BARRS, BY DEED FROM ANCHOR FACILITIES CORPORATION, DATED 10/31/1986, AND RECORDED 11/12/1986 IN BOOK 240, PAGE 310, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR COFFEE COUNTY, GEORGIA.<br /><br />Said property is known as 336 Old Country Road, Ambrose, GA 31512, together with all fixtures and personal property attached to and constituting a part of said property, if any.<br /><br />Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.<br /><br />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.<br /><br />Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed. <br /><br />The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Clara D. Barrs and Carlis I. Barrs or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.<br /><br />EverBank as Attorney-in-Fact for Carlis I. Barrs and Clara D. Barrs<br /><br />File no. 12-033175<br /><br />SHAPIRO & SWERTFEGER, LLP*<br /><br />Attorneys and Counselors at Law<br /><br />2872 Woodcock Blvd., Duke Building, Suite 100?Atlanta, GA 30341-3941<br /><br />(770) 220-2535/BO<br /><br />www.swertfeger.net <br /><br />*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.<br /><br />[FC-NOS]<br /><br />5221: 08-08, 08-15, 08-22, 08-29