NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from James Norton and Martha Norton to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $256,000.00 dated 08/26/2006, and recorded in Deed Book 4843, page 32, Whitfield County records, said Security Deed being last transferred and assigned to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP in Deed Book 5643, Page 81, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of June, 2012 by Bank of America, N.A., as Attorney-in-Fact for James Norton and Martha Norton the following described property:
All that tract or parcel of land lying and being in Land Lot 75 in the 12th District and 3rd Section of Whitfield County, Georgia and Being designated as Lot No. 33 of Chetoogeta Mountain Estates, Phase 2, as shown on a plat of said subdivision by N.B. DeLoach, Georgia Registered Land Surveyor No. 1342, dated February 4, 2000, and recorded in Plat Cabinet C, Slide 2039, Whitfield County, Georgia land records.
Property known as: 421 Pat Cleburne Dr, Tunnel Hill, GA 30755
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Bank of America, N.A.
Attn: Loss Mitigation, P. O. Box 5170, MS SV314B
Simi Valley, CA 93065
Nothing contained in this gpn11
NOTICE OF SALE shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is James Norton and Martha Norton.
Bank of America, N.A., as Attorney-in-fact for James Norton and Martha Norton.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone (770) 392-0398
Toll Free (866) 999-7088
Our File No. 11-10984
05/11 05/18 05/25 06/01