RN5879 NOTICE OF SALE UNDER POWER GEORGIA, FLOYD COUNTY By virtue of a Power of Sale contained in that certain Security Deed from JENNIFER MCCLELLAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR GREATER ROME BANK, dated August 8, 2008, recorded August 12, 2008, in Deed Book 2153, Page 815-824, Floyd County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Fifty-Eight Thousand Nine Hundred Two and 00/100 dollars ($158,902.00), 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, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Floyd County, Georgia, within the legal hours of sale on the first Tuesday in August, 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 LOT 84 OF NORTH WOODS, SECTION THREE (PLAT BOOK 18 PAGE 109-111), LOCATED IN LAND LOT 37 OF THE 23RD DISTRICT AND 3RD SECTION OF FLOYD COUNTY, GEORGIA AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF ASHLEY OAKS TRAIL (50 FOOT RIGHT OF WAY), SAID POINT BEING 1439.91 FEET WEST OF THE INTERSECTION OF THE NORTH RIGHT OF WAY OF ASHLEY OAKS TRAIL WITH THE WESTERLY RIGHT OF WAY OF SUGAR WOOD DRIVE: AND FROM SAID POINT OF BEGINNING RUNNING SOUTH 89 DEGREES 05 MINUTES 00 SECONDS WEST ALONG ASHLEY OAKS TRAIL A DISTANCE OF 100.10 FEET TO A POINT; THENCE RUNNING NORTH 00 DEGREES 58 MINTUES 42 SECONDS WEST A DISTANCE OF 169.90 FEET TO A POINT: THENCE RUNNING NORTH 89 DEGREES 01 MINTUES 33 SECONDS EAST A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING IN ACCORDANCE WITH A PLAT SURVEY FOR SAMUEL G. HONEY AND BONNIE L. HONEY, DATED JANUARY 28, 1993 BY VONNY H. BLANTON, GRLS #2376, REFERENCE TO SAID PLAT BEING MADE FOR A MORE PARTICULAR DESCRIPTION. Said legal description being controlling, however the property is more commonly known as 36 ASHLEY OAKS TRAIL NW, ROME, GA 30165. 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 "as-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 JENNIFER MCCLELLAN, 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: Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070 Telephone Number: 800-720-3758 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 JENNIFER MCCLELLAN 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 400, Norcross, GA 30092 Telephone Number: (877) 813-0992 Case No. BAC-12-04067-0003 www.rubinlublin.com/property-listings.php 07/13/2012, 07/20/2012, 07/27/2012, 08/03/2012