NOTICE OF SALE UNDER POWER
GEORGIA, PULASKI COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from WALTMAN D. LINDSAY to Bank of America, N.A., dated October 20, 2005, recorded October 21, 2005, in Deed Book 227, Page 679-704, Pulaski County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Forty Thousand Six Hundred and 00/100 dollars ($40,600.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., there will be sold at public outcry to the highest bidder for cash before the courthouse door of Pulaski County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012, all property described in said Security Deed including but not limited to the following described property:
ALL THOSE TRACTS OR PARCELS OF LAND SITUATE, LYING AND BEING IN LAND LOT 225 OF THE 12TH LAND DISTRICT OF PULASKI COUNTY, GEORGIA, AND IN THE CITY OF HAWKINSVILLE, LYING ON THE NORTHERLY MARGIN OF CRAB APPLE DRIVE KNOWN AND DESIGNATED AS LOT 38 OF BLOCK "A" , CONTAINING 0.53 ACRES, AND LOT 39 OF BLOCK "A" ,CONTAINING 0.55 ACRES, BOTH IN PHASE ONE OF SOUTHERN HILLS PLANTATION,LLC, AS ARE MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY OF A PORTION OF SAID SUBDIVISION PREPARED BY JAMES EDWARD FLANDERS, SURVEYOR, ON AUGUST 25,1998, WHICH PLAT, OF RECORD IN PLAT BOOK 11, PAGE 236, CLERK`S OFFICE, PULASKI SUPERIOR COURT, IS INCORPORATED HEREIN AND IN AID OF THIS DESCRIPTION AND FOR ALL LEGAL PURPOSES. REFER TO SAID PLATS FOR METES, BOUNDS, COURSES AND DISTANCES OF SAID LOTS.
SUBJECT TO THAT CERTAIN "DECLARATION OF PROTECTIVE COVENANTS FOR PHASE ONE OF SOUTHERN HILLS PLANTATION, LLC" DATED AND FILED SEPTEMBER 29, 1997, OF RECORD IN DEED BOOK 164, AT PAGES 109-127, CLERK`S OFFICE, PULASKI SUPERIOR COURT.
SUBJECT TO THAT CERTAIN "FIRST AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR PHASE ONE OF SOUTHERN HILLS PLANTATION, LLC" DATED OCTOBER 31, 1997, FILED NOVEMBER 5, 1997, OF RECORD IN DEED BOOK 164, AT PAGE 620, CLERK`S OFFICE, PULASKI SUPERIOR COURT.
SUBJECT TO THAT CERTAIN "SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR PHASE ONE OF SOUTHERN HILLS PLANTATION, LLC" DATED NOVEMBER 21, 1997, OF RECORD IN DEED BOOK 165, AT PAGE 22, CLERK`S OFFICE, PULASKI SUPERIOR COURT, ALL OF THE SAME BEING EXPRESSLY INCORPORATED HEREIN AS APPLICABLE TO THE SUBJECT PROPERTY.
Said legal description being controlling, however the property is more commonly known as LOT 38 & 39 BLOCK A DRIVE, HAWKINSVILLE, GA 31036.
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 WALTMAN D. LINDSAY, WALTMAN LINDSAY, 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: Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
BANK OF AMERICA, N.A.
as Attorney in Fact for
WALTMAN D. LINDSAY
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 400, Norcross, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-11-11667-0003