NOTICE OF SALE
STATE OF GEORGIA
COUNTY OF COOK
By virtue of the power of sale contained in that certain Deed to Secure Debt from CHERYL L. GARDNER to BANK OF AMERICA, N.A. dated April 3, 2009, filed for record April 9, 2009, and recorded in Deed Book 627, Page 286, COOK County, Georgia Records, Deed to Secure Debt having been given to secure a Note dated April 3, 2009 in the original principal sum of ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FORTY FIVE AND 0/100 DOLLARS ($114,545.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at COOK County, Georgia, within the legal hours of sale on the first Tuesday in February, the property described on Exhibit A attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney s fees.
BANK OF AMERICA, N.A. holds the duly indorsed Note and is the assignee of the Security Deed to your property. BANK OF AMERICA, N.A. services your loan on behalf of BANK OF AMERICA, N.A., the current beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property will be sold subject to 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, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
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.
Said property will be sold as the property of CHERYL L. GARDNER.
BANK OF AMERICA, N.A.
As Attorney-in-Fact for
CHERYL L. GARDNER
Phelan Hallinan & Jones, LLC
303 Perimeter Center North, Suite 800
Atlanta, GA 30346
PH # 11666
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 375, 9TH LAND DISTRICT, CITY OF ADEL, COOK COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT 30, FERN HILL SUBDIVISION, ALL ACCORDING TO A PLAT OF SURVEY PREPARED BY M. RHETT ROYAL, REGISTERED LAND SURVEYOR, DATED FEBRUARY 14, 2000 AND RECORDED IN PLAT FILE 156, PAGE 5, COOK COUNTY PUBLIC RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY IS DESIGNATED AS 105 UTAH CIRCLE, ADEL, GEORGIA, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES.