NOTICE OF SALE UNDER POWER
GEORGIA, CAMDEN COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from DAVID F. ELLERBEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE INVESTORS GROUPGENERAL PARTNERSHIP , dated December 28, 2007, recorded January 7, 2008, in Deed Book 1405, Page 00038, Camden County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Thirty Thousand One Hundred Seventy-Three and 00/100 dollars ($130,173.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Camden County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, all property described in said Security Deed including but not limited to the following described property:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF KINGSLAND, CAMDEN COUNTY, GEORGIA, AND BEING DESCRIBED AND IDENTIFIED ACCORDING TO A PRINT OF A PLAT OF GREENACRES SUBDIVISION, PREPARED BY STRICKLAND AND ASSOCIATES, DATED AUGUST 5, 1994, AND RECORDED IN PLAT DRAWER 10, MAP NUMBER 270, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CAMDEN COUNTY, GEORGIA AS ALL OF LOT NUMBERED EIGHTEEN (18), PHASE I, GREENACRES SUBDIVISION.
REFERENCE IS HEREBY MADE TO THE AFORESAID SUBDIVISION PLAT AND TO THE RECORD THEREOF FOR THE PURPOSES OF MORE PARTICULARLY DESCRIBING THE LOCATION, METES AND BOUNDS OF THE SUBJECT PROPERTY AND FOR ALL OTHER PURPOSES ALLOWED BY LAW.
PARCEL # 095G-018
Said legal description being controlling, however the property is more commonly known as 134 GREENACRES CIRCLE NORTH, KINGSLAND, GA 31548.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is DAVID F. ELLERBEE, or tenants(s).
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.
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024, Telephone Number: 800-720-3758 for and on behalf of the secured creditor.
BANK OF AMERICA, N.A.
as Attorney in Fact for
DAVID F. ELLERBEE
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Attorney Contact: Rubin Lublin, LLC
3740 Davinci Court, Suite 150
Peachtree Corners, GA 30092
Telephone Number: (877) 813-0992
Case No. BAC-12-10308-0002
11/9, 11/16, 11/23, 11/30 - #7071