NOTICE OF SALE UNDER POWER GEORGIA, TOOMBS COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PUR- POSE.
NOTICE OF SALE UNDER POWER
GEORGIA, TOOMBS COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PUR- POSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATHEW C. DARDEN aka MATHEW CHARLES DARDEN to Park Avenue Bank, dated July 23, 2009, recorded in Deed Book 00911, Page 193, Toombs County, Georgia Records, as last transferred to Bank of America N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Ser- vicing LP by assignment recorded in Deed Book 1000, Page 245, Toombs County, Georgia Records,conveying the after-de- scribed property to secure a Note in the original principal amount of ONE HUN- DRED NINETEEN THOUSAND FOUR AND 0/100 DOLLARS ($119,004.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Toombs County, Georgia within the legal hours of sale on the first Tuesday in De- cember, 2012, the following described property:
All that tract or parcel of land lying and being in the 1536th G.M. District, Toombs County, Georgia, being designated as Lot 2-A, Eastside Subdivision, containing 0.88 acre. Said property is more particularly de- scribed on a plat of survey prepared by R. Kim Dolan, Registered Land Surveyor, dat- ed May 25, 2006, and recorded in Plat Book 30, Page 442, Revised April 19, 2007, Clerk s Office Toombs Superior Court. Said Plat is incorporated herein and made a part hereof by reference. Also con- veyed are Grantors right on Water Rights Agreement, recorded in Deed Book 833, Pages 194-196, Clerk s Office Toombs Su- perior Court.
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 pro- vided 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 Security Deed and by law, including at- torney s fees (notice of intent to collect at- torney s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be dis- closed by an accurate survey and inspec- tion of the property, any assessments, li- ens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Bank of America N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mort- gage with the debtor is: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100.
To the best knowledge and belief of the undersigned, the party in possession of the property is Mathew C Darden or a tenant or tenants and said property is more com- monly known as 154 EASTSIDE DRIVE, LYONS, GEORGIA 30436.
The sale will be conducted subject (1) to confirmation that the sale is not prohibit- ed 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. This law firm is seeking solely to foreclose the creditor s lien on real estate and this law firm will not be seeking a per- sonal money judgment against you.
Bank of America N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP
as Attorney in Fact for
Mathew C. Darden aka Mathew Charles Darden
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 5957112-FT11