NOTICE OF SALE UNDER POWER<br /><br />IN DEED TO SECURE DEBT<br /><br />Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Eladio Roman to Bank of America, N.A. in the original principal amount of $124,300.00 dated 11/04/2004, and recorded in Deed Book 4379, page 185, Whitfield County records, 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 Eladio Roman the following described property:<br /><br />All that tract or parcel of land lying and being in Original Land Lot No. 15 of the 12th District and 3rd Section of Whitfield County, Georgia, Described as per plat by Joseph R. Evans, Georgia Registered Land Surveyor No. 2168, Dated October 25, 1999 as follows:<br /><br />Beginning at a point on the west right of way of Dantzler Circle (60 R/W) which is located a distance of 357.69 feet South, as measured along said right of way, from the intersection of the west right of way of Dantzler Circle with the south right of way of Otway Drive; thence along the west right of way of Dantzler Circle South 02 degrees 08 minutes 25 seconds West a distance of 122.31 feet to an iron pin found; thence North 87 degrees 36 minutes 01 seconds West a distance of 471.31 feet to an iron pin found; thence North 88 degrees 10 minutes 18 seconds West a distance of 235.04 feet to an iron pin placed; thence North 00 degrees 00 minutes 00 seconds East a distance of 202.11 feet to an iron pin found; thence South 88 degrees 10 minutes 18 seconds East 548.91 feet to an open-topped pin found; thence South 01 degrees 45 minutes 53 seconds West a distance of 84.80 feet to an open-topped pipe found; thence South 88 degrees 18 minutes 37 seconds East a distance of 164.44 feet to an iron pin placed at the point of beginning.<br /><br />All that tract or parcel of land lying and being in Land Lot No. 15 of the 12th District and 3rd Section of Whitfield County, Georgia, described more particularly per plat of survey prepared by Joseph R. Evans, Georgia registered Surveyor No. 2168, being approximately 7.15 acres, said plat is filed and recorded in the Office of the Clerk of the Superior Court of Whitfield County, Georgia in Plat Cabinet C, Slide 2702, reference to said plat is herein made and incorporated herein for a more full complete description of subject property.<br /><br />Together with an easement for purpose of ingress and egress as well as the installation and maintenance and operation of utilities, as disclosed on said above referenced survey. Said easement is perpetual in nature and shall bind the heirs and executors and assigns of the Grantor and insure to benefit of the heirs, executors and assigns of Grantee.<br /><br />Being that parcel of land conveyed to Eladio Roman from Cheryl Chambers by that Deed dated 08/28/2003 and recorded 09/05/2003 in Deed Book 4052, Page 228, Whitfield County, GA Public registry.<br /><br />Property known as: 633 Dantzler Circle Ne, Dalton, GA 30721<br /><br />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).<br /><br />The property will be sold as the property of The Aforesaid Grantors subject to the following:<br /><br />(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.<br /><br />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:<br /><br />Bank of America, N.A.<br /><br />Attn: Loss Mitigation, P. O. Box 5170, MS SV314B<br /><br />Simi Valley, CA 93065<br /><br />PHONE: 800-669-6650<br /><br />Nothing contained in this gpn11<br /><br />NOTICE OF SALE shall obligate Lender to negotiate, amend or modify said indebtedness.<br /><br />To the best of the undersigned's knowledge and belief, the party in possession is Eladio Roman.<br /><br />Bank of America, N.A., as Attorney-in-fact for Eladio Roman.<br /><br />This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.<br /><br />Pendergast & Associates, P.C.<br /><br />South Terraces, Suite 1000<br /><br />115 Perimeter Center Place<br /><br />Atlanta, GA 30346<br /><br />Phone (770) 392-0398<br /><br />Toll Free (866) 999-7088<br /><br />www.penderlaw.com<br /><br />Our File No. 12-03128<br /><br />05/11 05/18 05/25 06/04<br /><br />STATE OF GEORGIA<br /><br />COUNTY OF WHITFIELD