RN7580 NOTICE OF SALE UNDER POWER GEORGIA, FLOYD COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SALE UNDER POWER
GEORGIA, FLOYD COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Anthony Smith to Mortgage Electronic Registration Systems, Inc., dated December 22, 2008, recorded in Deed Book 2169, Page 228, Floyd County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 2268, Page 403, and as re-recorded in Deed Book 2308, Page 987, Floyd County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED TWENTY-ONE AND 0/100 DOLLARS ($145,221.00), with interest thereon as set forth therein, 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 Wednesday in January, 2013, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Bank of America N.A., successor by merger to BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2.
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., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100.
To the best knowledge and belief of the undersigned, the party in possession of the property is Anthony Smith or a tenant or tenants and said property is more commonly known as 34 Woodcliffe Dr Ne, Rome, Georgia 30161.
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.
Bank of America N.A., successor by merger to BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP
as Attorney in Fact for
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 5547312-FT11
All that tract or parcel of land lying and being Lot 84 Northwood Estates (Plat Book 7, Page 79) lying on the southeast side of Woodcliffe Drive in Land Lot 132 of the 23rd District and 3rd Section of Floyd County, Georgia and being more particularly described as follows:
Begin at a point on the southeast right of way line of Woodcliffe Drive (60 foot right of way) said point being located 220.0 feet northerly, as measured along said right of way line from the intersection of said right of way line with the northerly right of way line of Whispering Pines Road (60 foot right of way) and proceed thence North 36 degrees 04 minutes 10 seconds East, along the southeasterly right of way line of Woodcliffe Drive, a distance of 119.94 feet to a point; thence south 56 degrees 46 minutes 00 seconds east a distance of 241.86 feet to a point; thence south 02 degrees 17 minutes 20 seconds east a distance of 150.93 feet to a point; thence north 56 degrees 14 minutes 46 seconds west a distance of 335.50 feet to the southeasterly right of way line of Woodcliffe Drive and the Point Of Beginning.
Said tract or parcel of land is more particularly shown on that plat of survey prepared for Johnny W. Waldon and Denise Waldon by Eddie V. Burke, GRLS #2753, dated June 17, 1988.
Our file no. 5547312 - FT11
December 8, 13, 20, 27, 2012