RN5912 NOTICE OF SALE UNDER POWER GEORGIA, FLOYD COUNTY By virtue of a Power of Sale contained in that certain Security Deed from BONIFACIO LUAX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., dated May 2, 2003, recorded May 6, 2003, in Deed Book 1787, Page 455, Floyd County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Seventy-Five Thousand Four Hundred Sixty-Five and 00/100 dollars ($75,465.00), 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 SITUATED, LYING AND BEING IN LAND LOT 162 IN THE 4TH DISTRICT AND 4TH SECTION OF FLOYD COUNTY, GEORGIA, AND IN THE 3RD WARD OF THE CITY OF ROME, GEORGIA, AND BEING PART OF LOT 18 OF LAVENDER PARK SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 287, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF FLOYD COUNTY, GEORGIA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE WESTERLY RIGHT OF WAY OF SYCAMORE STREET (40 FOOT RIGHT OF WAY), SAID POINT BEING LOCATED 94.0 FEET NORTHERLY, AS MEASURED ALONG SAID RIGHT OF WAY FROM THE INTERSECTION OF SAID RIGHT OF WAY, EXTENDED, AND THE CENTER LINE OF MAGNOLIA AVENUE; THENCE FROM SAID BEGINNING POINT RUNNING NORTH 87 DEGREES 11 MINUTES 18 SECONDS WEST 119.91 FEET TO AN IRON PIPE; THENCE NORTH 02 DEGREES 36 MINUTES 59 SECONDS EAST 71.98 FEET TO AN IRON PIPE; THENCE SOUTH 89 DEGREES 10 MINUTES 00 SECONDS EAST 119.15 FEET TO A RAILROAD SPIKE ON THE WESTERLY RIGHT OF WAY OF SYCAMORE STREET; THENCE SOUTH 02 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID RIGHT OF WAY 76.10 FEET TO THE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS IN ACCORDANCE WITH A PLAT PREPARED BY HORNE ASSOCIATES, L.S., DATED JUNE 22, 1992. Said legal description being controlling, however the property is more commonly known as 110 S. SYCAMORE STREET, 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 BONIFACIO LUAX, 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 BONIFACIO LUAX 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-12-03887-0002 Ad Run Dates 07/13/2012, 07/20/2012, 07/27/2012, 08/03/2012www.rubinlublin.com/property-listings.php