STATE OF GEORGIA COUNTY OF MUSCOGEE NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Security Deed executed by Marvin L. Pierce to Union Planters Bank, N.A. dated October 7, 2002, and recorded in Deed Book 6527, Page 60, Muscogee County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank by Assignment, securing a Note in the original principal amount of $83,534.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 7, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that lot, tract or parcel of land situate, lying and being in COLUMBUS, MUSCOGEE County, Georgia, being known and designated as ALL OF LOT NUMBERED 5, in BLOCK LETTERED B, of that subdivision of land known as SECTION THREE, SWEETWATER VILLAGE, as said lot appears upon a map or plat of said subdivision dated 1/8/91, prepared by MOON, MEEKS & PATRICK, INC., recorded in Plat Book 115, Page 53A, (incorrectly shown as Plat Book 115, Page 13A, in the security deed), in the Office of the Clerk of the Superior Court of MUSCOGEE County, Georgia, to which reference is made for the specific location and dimensions of said lot. Said property is known as <B>6219 Georgetown Drive, Columbus, GA 31907,</B> together with all fixtures and personal property attached to and constituting a part of said property, if any. 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. 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. Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed. The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Marvin L. Pierce and Representative of Marvin L. Pierce or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. EverBank as Attorney-in-Fact for Marvin L. Pierce File no. 12-033052 SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Duke Building, Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/SJ <A TARGET="_top" HREF="http://www.swertfeger.net">www.swertfeger.net</A> *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] Pub:July10,17,24&31,2012(2478775)