NOTICE OF SALE UNDER POWER
GEORGIA, HABERSHAM COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from LEE R. RICE AND CONNIE R. RICE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
TAYLOR, BEAN & WHITAKER MORTGAGE CORP, dated January 14, 2008, recorded January 24, 2008, in Deed Book 835, Page 896-907, Habersham County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Eighty-Five Thousand Four Hundred Twelve and 00/100 dollars ($85,412.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Habersham County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 142 OF THE 11TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, CONTAINING 2.52 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF
SURVEY MADE BY MAX LEWALLEN, R.S., UNDER DATE OF MAY 29, 1987, A COPY OF SAID PLAT BEING OF RECORD IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN PLAT BOOK 23, PAGE 290, TO WHICH SAID PLAT AND THE RECORD THEREOF REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO AND FROM THE ABOVE DESCRIBED PROPERTY VIA AN OLD 30-FOOT ROAD AS SHOWN ON THE PLAT REFERRED TO ABOVE.
SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS ALONG THE OLD ROAD EASEMENT AS SHOWN ON THE PLAT REFERRED TO ABOVE.
SUBJECT TO PROTECTIVE COVENANTS IMPOSED BY AN INSTRUMENT EXECUTED UNDER DATE OF SEPTEMBER 10, 1985, AS RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY, GEORGIA, IN DEED BOOK 208, PAGE 116.
SUBJECT TO THE RIGHT RESERVED BY MCLENDON TO USE WATER FROM THE RESERVOIR LOCATED ON THE ABOVE DESCRIBED LAND, TOGETHER WITH THE RIGHT TO MAINTAIN A PUMP AND PRESSURE TANK AND THE WATER LINES LEADING FROM THE RESERVOIR TO THE ADJOINING LANDS OF MCLENDON. GRANTEE, HIS HEIRS AND ASSIGNS, SHALL ALSO HAVE THE RIGHT TO USE WATER FROM SAID RESERVOIR AND TO MAINTAIN A PUMP AND PRESSURE TANK.
Said legal description being controlling, however the property is more commonly known as 255 ROYAL ACRES DRIVE, DEMOREST, GA 30535.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold on an s-is basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is LEE R. RICE AND CONNIE R. RICE, or tenants(s).
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.
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024, Telephone Number: 800-720-3758 for and on behalf of the secured creditor.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LPas Attorney in Fact for
LEE R. RICE AND CONNIE R. RICE
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 150, Peachtree Corners, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-12-08205-0004
Ad Run Dates 11/07/2012, 11/14/2012, 11/21/2012, 11/28/2012