STATE OF GEORGIA COUNTY OF WAYNE NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF WAYNE
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 Larry S. Montgomery and Donna M. Montgomery to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $51,500.00 dated 04/27/2005, and recorded in Deed Book 30-V, page 47, Wayne County records, said Security Deed being last transferred and assigned to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP in Deed Book 565, Page 189, 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 September, 2012 by Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, as Attorney-in-Fact for Larry S. Montgomery and Donna M. Montgomery the following described property:
All that certain tract or parcel of land situate, lying and being in Land Lot No. 397 in the Fourth Land District of originally Appling, now Wayne County, Georgia, containing 2.551 acres and being shown and delineated on a certain plat of same prepared by Shad L. Atkinson, R.L.S. No. 2254, dated July 16, 1993 and recorded in the Office of the Clerk of Superior Court, Wayne County, Georgia in Plat Book 29, Folio 53, and being bounded as follows, to wit: Easterly for a distance of 275.89 feet by Odum-Screven Road; southerly for a distance of 428.52 feet by lands of Jerry D. McDaniel and Jerry Dallas McDaniel; westerly for a distance of 251.95 feet by lands of Robert E. Kicklighter and Pamela G. Kicklighter; and northerly for a distance of 414.10 feet by lands of Robert E. Kicklighter and Pamela G. Kicklighter. For a further description of said property is hereby made to the aforesaid plat and the record thereof.
Property known as: 3181 Odum Screven Rd, Screven, GA 31560
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.
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:
Bank of America, N.A.
Attn: Loss Mitigation, P. O. Box 5170, MS SV314B
Simi Valley, CA 93065
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is Larry S. Montgomery and Donna M. Montgomery.
Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, as Attorney-in-fact for Larry S. Montgomery and Donna M. Montgomery.
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. 12-06158
Run Dates: August 8, 15, 22, 29, 2012