RN5880 NOTICE OF SALE UNDER POWER GEORGIA, FLOYD COUNTY By virtue of a Power of Sale contained in that certain Security Deed from DERECK W. ROBERTS AND JANA S. ROBERTS to FIRSTCITY BANK, dated June 30, 2008, recorded July 2, 2008, in Deed Book 2149, Page 16-31 (modified 9/26/2008 in Deed Book 2160, Page 920, in said Clerk`s Office), 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 Eleven Thousand Six Hundred Fifty and 00/100 dollars ($111,650.00), 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: TRACT I: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE FOURTH (4TH) DISTRICT AND FOURTH (4TH) SECTION OF FLOYD COUNTY, GEORGIA, BEING ONE AND ONE-FOURTH (1-1/4) ACRES, MORE OR LESS, OFF THE NORTH SIDE OF LAND LOT NUMBER THREE HUNDRED TWENTY-ONE (321) IN SAID DISTRICT AND SECTION, STARTING AT A POINT ON THE SOUTH SIDE OF THE LIVINGSTON ROAD, 177 FEET FROM THE PROPERTY KNOWN AS THE CONN TERRY FARM, IN SAID DISTRICT GOING THENCE SOUTH 230 FEET TO A STOB; THENCE EAST 285 FEET TO A STOB; THENCE NORTH 196 FEET TO THE LIVINGSTON ROAD: THENCE WEST 266 FEET ON THE SOUTH SIDE OF THE LIVINGSTON ROAD TO THE BEGINNING POINT. TRACT II: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN FLOYD COUNTY, GEORGIA, 4TH DISTRICT AND 4TH SECTION, LAND LOT #321, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF THE W.W. TERRY PROPERTY LINE ON THE SOUTH SIDE OF LIVINGSTON ROAD; THENCE RUNNING IN A SOUTHERLY DIRECTION TWO HUNDRED FIFTEEN (215) FEET ALONG THE CALLAHAN PROPERTY TO A POINT; THENCE RUNNING IN AN EASTERLY DIRECTION ONE HUNDRED FIFTY-FIVE (155) FEET TO A POINT; THENCE RUNNING IN A NORTHERLY DIRECTION TWO HUNDRED FIFTEEN (215) FEET TO A POINT ON THE SOUTH SIDE OF LIVINGSTON ROAD; THENCE RUNNING IN A WESTERLY DIRECTION ONE HUNDRED FIFTY-FIVE (155) FEET ALONG THE SOUTH SIDE OF LIVINGSTON ROAD TO THE POINT OF BEGINNING. THIS PROPERTY IS BORDERED ON THE WEST SIDE BY PROPERTY NOW OR FORMERLY KNOWN AS THE CALLAHAN PROPERTY; ON THE SOUTH SIDE BY PROPERTY, NOW OR FORMERLY OWNED BY W.W.TERRY; ON THE EAST BY A TEN FOOT RIGHT OF WAY; AND ON THE NORTH BY LIVINGSTON ROAD. THIS PROPERTY BEING TAKEN FROM A TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO W.W.TERRY RECORDED WITH THE CLERK OF COURT, FLOYD COUNTY, GEORGIA, IN BOOK 243, PAGE 134, DATED MARCH 22, 1950. Said legal description being controlling, however the property is more commonly known as 1515 LIVINGSTON ROAD, 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 DERECK W. ROBERTS AND JANA S. ROBERTS, 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 DERECK W. ROBERTS AND JANA S. ROBERTS 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-12-04058-0002 www.rubinlublin.com/property-listings.php 07/13/2012, 07/20/2012, 07/27/2012, 08/03/2012