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STATE OF GEORGIA COUNTY of GLYNN NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from JOSEPH W. DAY, III and MISTY L. DAY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR H&R BLOCK MORTGAGE CORPORATION dated May 12, 2007, filed for record May 18, 2007, and recorded in Deed Book 2227, Page 377, GLYNN County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 3004, Page 211, GLYNN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated May 12, 2007 in the original principal sum of ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($112,500.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at GLYNN County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in November, 2015, the following described property: LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF BRUNSWICK IN THE COUNTY OF GLYNN, STATE OF GA AND BEING DESCRIBED IN A DEED DATED 10/03/2002 AND RECORDED 10/10/2002 IN DEED BOOK 1002, PAGE 704 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN GLYNN COUNTY, GEORGIA, DESCRIBED AND IDENTIFIED ACCORDING TO THE OFFICIAL PLAT OF DEERFIELD STATION SUBDIVSION, PHASE 2A, PREPARED BY JOE BILETZSKOV, GEORGIA REGISTERED LAND SURVEYOR NO. 1672 AND RECORDED ON SEPTEMBER 6, 1984 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF GLYNN COUNTY, GEORGIA IN PLAT DRAWER 19, MAP NO. 989(TO WHICH REFERENCE IS HEREBY MADE FOR ALL FURTHER PURPOSES OF DESCRIPTION OF THE PROPERTY CONVEYED HEREIN) AND BEING ALL OF LOT NUMBER THIRTY ONE (31), BLOCK "C", PHASE 2A, DEERFIELD STATION SUBDIVISION PARCEL NO. 03-10030 To the best of the knowledge and belief of the undersigned, the party in possession of the property is JOSEPH W. DAY, III or a tenant or tenants. Said property may more commonly be known as: 302 FAWN CIR, BRUNSWICK, GA 31525-9407. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100; (800) 669-6650. 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. 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. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP As Attorney-in-Fact for JOSEPH W. DAY, III MISTY L. DAY Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 25672 This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
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