STATE OF GEORGIA<br /><br />COUNTY of LEE<br /><br />NOTICE OF SALE <br /><br />UNDER POWER<br /><br />By virtue of the power of sale contained in that certain Deed to Secure Debt from JAMES HAYES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR SYNOVUS MORTGAGE CORP. dated August 31, 2009, filed for record September 1, 2009, and recorded in Deed Book 1353, Page 168, LEE County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated August 31, 2009 in the original principal sum of SEVENTY TWO THOUSAND ONE HUNDRED SIXTY EIGHT AND 0/100 DOLLARS ($72,168.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at LEE County, Georgia, within the legal hours of sale on the first Tuesday in September, the property described on Exhibit attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney fees.<br /><br />The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.<br /><br />Said property will be sold subject to 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, 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.<br /><br />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.<br /><br />Said property will be sold as the property of JAMES HAYES.<br /><br />BANK OF AMERICA, N.A.<br /><br />As Attorney-in-Fact for<br /><br />JAMES HAYES<br /><br />Phelan Hallinan PLC<br /><br />303 Perimeter Center North, Suite 800<br /><br />Atlanta, GA 30346<br /><br />Telephone: 770-393-4300<br /><br />Fax: 770-393-4310<br /><br />PH # 10205<br /><br />This law firm is acting as a debt collector. Any information obtained will be used for that purpose.EXHIBIT A<br /><br />ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LEE COUNTY, GEORGIA AND BEING ALL OF LOT 13 OF LEE HIGH ACRES SUBDIVISION ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION AS SAME IS RECORDED IN PLAT BOOK D, PAGE 138 (PLAT CABINET B, SLIDE B-109), IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LEE COUNTY, GEORGIA.<br /><br />Aug. 8, 15, 22, and 29 60pw