NOTICE OF SALE UNDER POWER
County of Lumpkin, State of Georgia
Pursuant to the Power of Sale contained in a Security Deed given by Travis Jones to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortagage Corp dated 12/20/2007 and recorded in Deed Book 1077 Page 151, LUMPKIN County, Georgia records; as last transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, conveying the after-described property to secure a Note in the original principal amount of $ 87,137.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of LUMPKIN County, Georgia, within the legal hours of sale on March 05, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land lying and being in Land Lot 74, 11th District, originally Hull now Lumpkin County, Georgia and being fully described by a plat prepared by Civil Design Survey Group, Inc., Georgia Registered Land Surveyor, dated January 11, 200 and as per said plat, the property contains 1.96 acres, more or less, being more particularly described as Tract B . The subject plat being of record in Cabinet One, Slide 43, Plat 59B, Lumpkin County Records. Said plat is hereby incorporated by reference.
Also conveyed with the real property is a 2000 Norris manufactured home, vehicle identification number N02012400TNAB.
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 the Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given).
Said property is commonly known as 98 Myrtel Drive, Dahlonega, GA 30533 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Travis Jones or tenant or tenants.
Bank of America is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Bank of America
Home Loan Assistance Dept.
7105 Corporate Drive
Plano, TX 75024
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP as agent and Attorney in Fact for Travis Jones
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1016-654990A