Notice of Sale
State of Georgia,
County of COLQUITT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by RICHARD E BOYD to BANK OF AMERICA N.A. , dated 02/08/2007, and Recorded on 02/12/2007 as Book No. 0948 and Page No. 0540, COLQUITT County, Georgia records, as last assigned to BANK OF AMERICA, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $70,887.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the COLQUITT County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property:
1.25 ACRES, MORE OR LESS, OF LAND LOT NUMBER 169 IN THE 8TH LAND DISTRICT OF COLQUITT COUNTY, GEORGIA, BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH ORIGINAL LINE OF SAID LOT WITH THE WEST MARGIN OF THE PUBLIC ROAD LEADING TO INDIAN LAKE AND RUNNING THENCE NORTH, ALONG THE WEST MARGIN OF SAID ROAD, 319 FEET TO A STAKE; THENCE WEST PARALLEL TO SAID SOUTH LOT LINE 199 1/2 FEET; THENCE SOUTHERLY 322 FEET TO SAID SOUTH LOT LINE; THENCE EAST, ALONG SAID SOUTH LOT LINE 134 1/2 FEET TO THE POINT OF BEGINNING. BOUNDED NORTH AND WEST BY LANDS OF J.E. UPTON; EAST BY THE WEST MARGIN OF SAID ROAD AND SOUTH BY THE SOUTH ORIGINAL LINE OF SAID LOT. BEING THE SAME PREMISES CONVEYED TO JULIA THOMPSON AND MILDREDGE THOMPSON BY DEED DATED OCTOBER 10, 1983, AND RECORDED OCTOBER 10, 1983 IN DEED BOOK 369, PAGE 778, COLQUITT COUNTY RECORDS.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-0102. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 363 INDIAN LAKE DRIVE, MOULTRIE, GEORGIA 31768 is/are: RICHARD E BOYD or tenant/tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 nonjudicial 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 in the preceding paragraph. BANK OF AMERICA, N.A. as Attorney in Fact for RICHARD E BOYD.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.