Notice OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF COOK
By virtue of the power of sale contained in that certain Deed to Secure Debt from ALVER H. HORTON, III to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 4, 2008, filed for record February 8, 2008, and recorded in Deed Book 599, Page 0109, COOK County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 681, Page 53, COOK County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated February 4, 2008 in the original principal sum of SIXTY THOUSAND ONE HUNDRED FIFTY SIX AND 0/100 DOLLARS ($60,156.00), 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. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP 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. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, 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 ALVER H. HORTON, III.
BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
As Attorney-in-Fact for
ALVER H. HORTON, III
Phelan Hallinan & Jones, LLC
303 Perimeter Center North, Suite 800
Atlanta, GA 30346
PH # 11594
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 LYING AND BEING IN LAND LOT 313 IN THE 9TH LAND DISTRICT OF COOK COUNTY, GEORGIA, CONSISTING OF TWO ACRES, DESCRIBED AS FOLLOWS: TO OBTAIN A BEGINNING POINT, COMMENCE AT THE SOUTH MARGIN OF CASON ROAD (A/K/A COUNTY ROAD #262) WITH THE EAST MARGIN OF SPARKS CUT-OFF ROAD (80 FOOT RIGHT OF WAY, A/K/A COUNTY ROAD #42), AND RUN NORTH 84 DEGREES 27 MINUTES 00 SECONDS EAST 399.20 FEET TO THE POINT OF BEGINNING; THENCE FROM SUCH BEGINNING POINT, RUN NORTH 84 DEGREES 27 MINUTES 00 SECONDS EAST 198.00 FEET ALONG THE SOUTH MARGIN OF CASON ROAD; THENCE RUN SOUTH 07 DEGREES 53 MINUTES 16 SECONDS EAST 440.00 FEET; THENCE RUN SOUTH 84 DEGREES 27 MINUTES 00 SECONDS WEST 198.00 FEET; THENCE RUN NORTH 07 DEGREES 53 MINUTES 16 SECONDS WEST 440.00 FEET TO THE POINT OF BEGINNING. SUCH TRACT IS MORE FULLY SHOWN UPON A PLAT OF SURVEY ENTITLED "SURVEY FOR ALVER H. HORTON, III" PREPARED BY SUNBELT SURVEYORS OF SYLVESTER, GEORGIA, RECORDED IN PLAT BOOK 252, PAGE 2A, PUBLIC RECORDS, COOK COUNTY, GEORGIA, AND INCORPORATED HEREIN BY REFERENCE.
ALSO CONVEYED HEREWITH IS ONE 1993 FLEETWOOD OAK KNOLL DOUBLE-WIDE MOBILE HOME, SERIAL NOS. GAFLP34A170800K AND GAFLP34B170800K, WHICH HAS BEEN PERMANENTLY AFFIXED TO THE ABOVE-DESCRIBED PROPERTY.