Under and by virtue of the Power of Sale contained in a Security Deed given by Perry Underhill, Jr. and Shirley A Underhill to Bank of America, N.A., dated October 21, 2004, recorded in Deed Book 396, Page 386, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-NINE THOUSAND AND 0/100 DOLLARS ($129,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Appling County, Georgia within the legal hours of sale on the first Tuesday in May, 2012, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Perry Underhill, Jr. and Shirley A Underhill or a tenant or tenants and said property is more commonly known as 195 Heath Street, Baxley, Georgia 31513. 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. This law firm is seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money judgment against you.
Bank of America, N.A.
as Attorney in Fact for Perry Underhill, Jr. and Shirley A Underhill
McCalla Raymer, LLC 1544
Old Alabama Road
Roswell, Georgia 30076
Our file no. 5156012-FT11
EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot No. 244 of the 2nd Land District of Appling County, Georgia, consisting of 0.918 acre, more or less, and being bounded, now or formerly, as follows: North and East by lands of Kathy Atkins; South by the Northern right-of-way of Heath Street; and West by the Eastern right-of-way of Alicia Street. For a more particular description reference is hereby made to a survey and plat thereof prepared by Denean W. Dixon and Associates, certified by Denean W. Dixon, G.R.L.S. No. 1647, dated October 7, 2002, recorded in Plat Book 16, Page 243, of the records of the Clerk of Superior Court of Appling County, Georgia, and incorporated herein for a more full and complete description and all other legal purposes. This being the same and identical property conveyed from Katherine C. Atkins to Medders Construction Company, Inc. by deed dated October 25, 2002, recorded in Deed Book 367, Page 114 of the records of the Clerk of Superior Court of Appling County, Georgia.
Our file no. 5156012 - FT11
4-4, 4-11, 4-18 & 4-25ch
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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