Notice of Sale Under Power. State of Georgia, County of SPALDING. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by TERRY J RICHBOURG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR MARKET STREET MORTGAGE CORPORATION , dated 05/27/2005, and Recorded on 06/16/2005 as Book No. 2707 and Page No. 163, SPALDING County, Georgia records, as last assigned to BANK OF AMERICA, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $85,852.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the SPALDING County Courthouse within the legal hours of sale on the first Tuesday in November, 2012, the following described property: ALL THAT TRACT OR PARCLE OF LAND LYING AND BEING IN LAND LOT 11 OF THE 2ND LAND DISTRICT OF SPALDING COUNTY, GEORGIA, CONTAINING 10.0 ACRES, MORE OR LESS, AS SHOWN BY PLAT PREPARED BY J.R. . WOOD. RLS, DATED MAY 27, 1986 AND IN ACCORDANCE WITH SAID PLAT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN LOCATED ON THE ORIGINAL NORTHEAST CORNER OF LAND LOT 11 AFORESAID (WHICH LAND LOT CORNER IS ALSO THE COMMON CORNER OF LAND LOTS 11, 21, 21 AND 22 OF SAID DISTRICT, COUNTY AND STATE; RUNNING THENCE SOUTH, 00 DEGREES 29 MINUTES 40 SECONDS WEST, AS MEASURED ALONG THE EAST LINE OF LAND LOT 11 AFORESAID, 1, 728.01 FEET TO AN IRON PIN ON THE NORTHEASTERLY MARGIN OF THE RIGHT-OF-WAY 80 FEET IN WIDTH OF A PUBLIC ROAD KNOWN AS ROVER-WILLIAMSON ROAD; THENCE NORTH 47 DEGREES 27 MINUTES 20 SECONDS WEST, AS MEASURED ALONG THE NORTHEASTERLY MARGIN OF THE RIGHT-OF-WAY OF SAID ROAD, 365.64 FEET TO AN IRON PIN; THENCE NORTH, 00 DEGREES 29 MINUTES 40 SECONDS EAST, 1,480.68 FEET TO AN IRON PIN ON THE NORTH LINE OF LAND LOT 11 AFORESAID; THENCE NORTH 89 DEGREES 58 MINUTES 53 SECONDS EAST, AS MEASURED ALONG THE NORTH LINE OF LAND LOT 11 AFORESAID, 271.52 FEET BACK TO THE IRON PIN AND THE POINT OF BEGINNING. LESS AND EXCEPT: ALL THAT LOT, TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN LAND LOT 11 OF THE 2ND LAND DISTRICT OF ORIGINALLY MONROE, NOW SPALDING COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN BOUNDARY LINE OF LAND LOT 11, WHICH SAID POINT IS 346.76 FEET FROM THE INTERSECTION OF THE CORNERS OF LAND LOTS 11, 12, 21, AND 22, AS MEASURED ALONG SAID EASTERN BOUNDARY LINE. FROM SAID POINT OF BEGINNING PROCEED SOUTH 00 DEGREES, 29 MINUTES, 40 SECONDS WEST 320.86 FEET ALONG SAID EASTERN BOUNDARY OF LAND LOT 11 TO A POINT; THENCE SOUTH 89 DEGREES 58 MINUTES 53 SECONDS WEST 271.52 FEET TO A POINT; THENCE NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST 320.86 FEET TO A POINT; THENCE NORTH 89 DEGREES 58 MINUTES 53 SECONDS EAST 271.52 FEET TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPT: ALL THAT LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 11 OF THE SECOND LAND DISTRICT OF ORIGINALLY MONROE, NOW SPALDING COUNTY, GEORGIA, AND BEING MORE PARTICULARLY SHOWN AND DESIGNATED AS 2.17 ACRES, ON A PLAT OF SURVEY ENTITLED "PROPERTY SURVEY FOR JOHN T. BOLTON", PREPARED BY G. TIM CONKLE, REGISTERED LAND SURVEY, DATED JULY 14, 1999, A COPY OF WHICH SAID PLAT IS RECORDED IN PLAT BOOK 23, PAGE 379, OF THE SUPERIOR COURT RECORDS OF SPALDING COUNTY, GEORGIA, AND WHICH SAID PLAT, TOGETHER WITH THE METES, BOUNDS, COURSES AND DISTANCES SHOWN THEREON WITH RESPECT TO SAID PROPERTY IS INCORPORATED HEREIN AND MADE A PART HEREOF AS FULLY AS IF SET OUT HEREIN. THIS PROPERTY IS CONVEYED SUBJECT TO THAT PERPETUAL EASEMENTOF INGRESS AND EGRESS ACROSS PROPERTY OF K.M. AWTRY & LOU ANN AWTRY AND ADJOINING LINDA AWTRY JOHNSON, AS SHOWN ON A PLAT OF SURVEY AS RECORDED IN PLAT BOOK 18, PAGE 132, SPALDING COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE. FROM SAID PLAT SAID EASEMENT IS DESCRIBED AS BEGINNING AT THE SOUTHWESTERN CORNER OF THE AFOREDESCRIBED LOT, PROCEEDING SOUTH 00 DEGREES 29 MINUTES 40 SECONDS WEST 812.86 FEET TO AN IRON PIN LOCATED ON THE NORTHEASTERN MARGIN OF ROVER-WILLIAMSON ROAD SAID EASEMENT IS 20 FEET WIDE, OF EVEN WIDTH, ALONG THE WESTERN BOUNDARY OF LANDS PRESENTLY OWNED BY K.M. AWTRY & LOU ANN AWTRY JOHNSON. THE EASEMENT SO DESCRIBED HAS PERPETUAL DURATION. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). BANK OF AMERICA, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with BANK OF AMERICA, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1691 ROVER ZETELLA ROAD, WILLIAMSON, GEORGIA 30292 is/are: TERRY J RICHBOURG or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. BANK OF AMERICA, N.A. as Attorney in Fact for TERRY J RICHBOURG. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031405634 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
October 12, 19, 26, & November 2, 2012.