STATE OF GEORGIA

COUNTY OF RABUN

NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT

Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Brian McCoy and Melissa McCoy to ABN AMRO Mortgage Group, Inc. in the original principal amount of $280,000.00 dated 11/18/2004, and recorded in Deed Book H27, page 356, Rabun County records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of November, 2012 by CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-Fact for Brian McCoy and Melissa McCoy the following described property: All that tract or parcel of land lying and being in Land Lots 54 & 59 of the Fifth Land District of Rabun County, Georgia, and being Tract 6 consisting of 4.88 acres of Stonewall Creek Orchard as shown upon a plat of survey dated October 12, 1999, prepared by Samuel L. Duvall, Georgia Registered Land Surveyor No. 2295, said survey being recorded in the Office of the Clerk of Rabun Superior Court in Plat Book 44, Page 157. Said survey is incorporated herein by reference for a full and complete description of the above-described lands. There is also conveyed a perpetual, non-exclusive easement for use, maintenance and repair of Apple Orchard Lane and Peach Orchard Way, each such road having a width of 30 feet, said roads being shown upon the above-referenced plat of survey, and said easement being for the purpose of access, ingress and egress to and from the above-described property. The above-described lands are conveyed subject to the following: 1. The terms, conditions, requirements and obligations of a road maintenance agreement attached as Exhibit A to that Warranty Deed recorded in Deed Book J-23, Pages 313-317, Clerk s Office, Rabun Superior Court. 2. Restrictions, conditions, obligations and easements contained in that certain Declaration of Covenants and Restrictions for Stonewall Creek Orchard dated October 28, 1999 and recorded in the Office of the Clerk of Rabun Superior Court I Deed Book G-19, Page 176, as amended by an Amendment of Declaration of Covenants and Restrictions dated November 12, 1999 and recorded in the Office of the Clerk of Rabun Superior Court in Deed Book H-19, Page 506, all of which shall constitute covenants running with said lands, as amended by an Amendment dated January 5, 2001 and recorded in Deed Book J-20, Page 462, as amended by an Amendment date April 6, 2001 and recorded in Deed Book S-20, Page 433 Rabun County, Georgia Records. Said covenants shall be binding upon the Grantee and the Grantee s heirs, successors, and transferees and assigns. There is excepted from this conveyance the riparian rights of abutting and adjoining landowners in and to the waters of any stream crossing the above-described property. Property known as: 6 Peach Orchard Way, Tiger, GA 30576. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law). The property will be sold as the property of The Aforesaid Grantors subject to the following: (1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above. CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc. holds the Note and referenced Security Deed and services the loan on behalf of Federal Home Loan Mortgage Corporation, the current owner of your loan. Pursuant to O.C.G.A Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is: CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO 63368, PHONE: 866-272-4749. Pursuant to O.C.G.A. Section 44-14-162.2, nothing contained in this Notice of Sale shall obligate any entity to negotiate, amend, or modify said indebtedness. To the best of the undersigned's knowledge and belief, the party in possession is Brian McCoy and Melissa McCoy. CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., as Attorney-in-fact for Brian McCoy and Melissa McCoy. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. Pendergast & Associates, P.C., South Terraces, Suite 1000, 115 Perimeter Center Place, Atlanta, GA 30346, Phone (770) 392-0398, Toll Free (866) 999-7088, Our File No. 12-06398

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