NOTICE OF SALE UNDER POWER, LEE COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Donald K Cook and Wendy E Cook to BANK OF AMERICA, N.A. dated 4/25/2008 and recorded in Deed Book 1252 Page 340, LEE County, Georgia records; as last transferred to BANK OF AMERICA, N.A., conveying the after-described property to secure a Note in the original principal amount of $ 131,929.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of LEE County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012 (December 04, 2012), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 47 IN THE SECOND LAND DISTRICT, CITY OF LEESBURG, LEE COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 148 OF GROOVER PARK SUBDIVISION, SECTION SIX, ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION AS THE SAME IS RECORDED IN PLAT CABINET SLIDE E-131-C IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, LEE COUNTY, GEORGIA.
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 provided 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 the Security Deed and by law, including attorney fees (notice of intent to collect attorney fees having been given).
Said property is commonly known as 136 Toccoa Drive, Leesburg, GA 31763 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Wendy E Cook and Donald K Cook or tenant or tenants.
Bank of America is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Bank of America
Bank of America, N.A.
475 Crosspoint Parkway
Getzville, NY 14068
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
BANK OF AMERICA, N.A. as agent and Attorney in Fact for Donald K Cook and Wendy E Cook
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1016-653817
Nov. 7, 14, 21, and 28 70 pw