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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF RICHMOND Under and by virtue of the power of sale contained with that certain Security Deed dated January 12, 2010, from Cleveland F. Smith and Mary A. Smith to Mortgage Electronic Registration Systems, Inc., as nominee for Platinum Mortgage, Inc. A Alabama Corporation , recorded on January 27, 2010 in Deed Book 01247 at Page 1227, as modified by Loan Modification Agreement recorded in Deed Book 1414, at page 473, Richmond County, Georgia Records, having been last sold, assigned, transferred and conveyed to Bank of America, N.A. by Assignment and said Security Deed having been given to secure a note dated January 12, 2010, in the amount of $126,564.00, having modified loan amount of $103,529.05, said note and modification thereof being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Richmond County, Georgia, on January 5, 2016, the following described real property (hereinafter referred to as the "Property"): ALL THAT LOT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF RICHMOND, BEING KNOWN AND DESIGNATED AS LOT 17, BLOCK D, SECTION IV, BUCKHEAD SUBDIVISION, AS SHOWN ON A PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY REEL 379, PAGE 437. REFERENCE IS HEREBY MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID PROPERTY HEREBY CONVEYED. SAID PROPERTY IS CONVEYED SUBJECT TO PROTECTIVE COVENANTS RECORDED IN SAID CLERK'S OFFICE IN REALTY REEL 379, PAGE 443. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Cleveland F. Smith and Mary A. Smith. The property, being commonly known as 3434 Camak Drive, Augusta, GA, 30909 in Richmond County, will be sold as the property of Cleveland F. Smith and Mary A. Smith, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Bank of America, N.A., 9000 Southside Boulevard, Building 400, Jacksonville, FL 32256, 1-800-846-2222. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Bank of America, N.A. as Attorney in Fact for Cleveland F. Smith and Mary A. Smith 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 A-4553397 December 10, 17, 24, 31, 2015 Ad #16785939
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