Notice of Sale Under Power.



State of Georgia,

County of COLQUITT.



Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MILTON DEAL AND SUE J DEAL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR HOME AMERICA MORTGAGE , dated 02/22/2005, and Recorded on 03/02/2005 as Book No. 854 and Page No. 469, COLQUITT County, Georgia records, as last assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $85,472.00, 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: PROPERTY DESCRIPTION FOR SUE J. DEAL AND MILTON EUGENE DEAL



12.62 ACRES, MORE OR LESS, IN LAND LOT 88 IN THE 8TH LAND DISTRICT OF COLQUITT COUNTY, GEORGIA, AS DESIGNATED AS TRACT 2 ON A PLAT OF SURVEY PREPARED BY DAN HINSON LAND SURVEYOR, INC. OF DATE OF DECEMBER 16, 2004 ENTITLED "PLAT OF SURVEY FOR TRACT ANNE J. STRICKLAND & SUE DEAL TRACT 2 SUE J. DEAL TRACT 3 ANNE J. STRICKLAND", RECORDED IN PLAT BOOK 38, PAGE 111-A, COLQUITT COUNTY RECORDS, WHICH SAID PLAT AND THE RECORD THEREOF ARE INCORPORATED HERIN AND MADE A PART OF THIS DESCRIPTION.



ALSO: A 1/2 INTEREST IN AND TO THE FOLLOWING: 0.76 ACRES, MORE OR LESS, IN LAND LOT 88 IN THE 8TH LAND DISTRICT OF COLQUITT COUNTY, GEORGIA, AS DESIGNATED AS TRACT 1 ON A PLAT OF SURVEY PREPARED BY DAN HINSON LAND SURVEYOR, INC. OF DATE OF DECEMBER 16, 2004 ENTITLED "PLAT OF SURVEY FOR TRACT 2 ANNE J. STRICKLAND & SUE DEAL TRACT 2 SUE J. DEAL TRACT 3 ANNE J. STRICKLAND". RECORDED IN PLAT BOOK 38, PAGE 111-A, COLQUITT COUNTY RECORDS, WHICH SAID PLAT AND THE RECORDED THEREOF ARE INCORPORATED HEREIN AND MADE A PART OF THIS DESCRIPTION.



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 1242 HERMAN SIMMONS RD., DOERUN, GEORGIA 31744 is/are: MILTON DEAL AND SUE J DEAL 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., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for MILTON DEAL AND SUE J DEAL. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.



20120031404048



BARRETT DAFFIN FRAPPIER

LEVINE & BLOCK, LLP

15000 Surveyor Boulevard

Addison, Texas 75001

Telephone: (972) 341-5398.



00035917

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