NOTICE OF SALE UNDER POWER<br /><br />County of Lumpkin, State of Georgia<br /><br />Because of default in the payment of the indebtedness, secured by a Security Deed executed by Frances P Sullens to Bank of America, N.A. dated May 13, 2004 in the amount of $54,200.00, and recorded in Deed Book W33, Page 311, Lumpkin County, Georgia Records; as last transferred to M&T Bank by assignment; the undersigned, M&T Bank pursuant to said deed and the 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 in March, 2013 , during the legal hours of sale, at the Courthouse door in Lumpkin 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 Land Lot 282 of the 15th District and 1st Section of Lumpkin County, Georgia, containing 2.00 acres, more or less, as per plat of survey prepared for Gloria J. Dowdy, by Michael L. Scupin, Georgia Registered Surveyor, dated July 25, 1990, recorded in Plat Book 24, Page 54, Lumpkin County Records.<br /><br />Together with the mobile home therein which has been affixed to the above described real estate with the intent that it become part of the real estate conveyed hereby.<br /><br />which has the property address of 1309 McDonald Road, Dahlonega, Georgia, together with all fixtures and other personal property conveyed by said deed.<br /><br />The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.<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 attorneys fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a).<br /><br />Said property will be sold as the property of Frances P Sullens and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.<br /><br />M&T Bank <br /><br />Attorney in Fact for <br /><br />Frances P Sullens<br /><br />McCurdy & Candler, L.L.C.<br /><br />(404) 373-1612<br /><br />www.mccurdycandler.com<br /><br />The Dahlonega Nugget <br /><br />Publication Dates: 02-06-2013, 02-13-2013, 02-20-2013, 02-27-2013 <br /><br />File No. 12-08489 /CONV/kandrade<br /><br />THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.