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Notice of Sale Under Power State of Georgia, County of FANNIN. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by BROOKY STACY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR HOME LOAN CENTER INC., DBA LENDINGTREE LOANS, ITS SUCCESSORS AND ASSIGNS , dated 02/09/2009, and Recorded on 09/09/2009 as Book No. 903 and Page No. 702-713, AS AFFECTED BY BOOK 1107, PAGE 554-562, FANNIN 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 $140,008.00, 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 FANNIN County Courthouse within the legal hours of sale on the first Tuesday in August, 2016, the following described property: TRACT ONE; ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN FANNIN COUNTY, GEORGIA, AND BEING A PART OF LAND LOT NO. 218, IN THE 8TH DISTRICT AND 2ND SECTION OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON STAKE ON GEORGIA HIGHWAY NO. 2 AND RUNNING IN A NORTHERLY DIRECTION APPROXIMATELY 268 FEET TO AN IRON STRIKE ON THE BANK OF AN OLD ROAD; THENCE IN WESTERLY DIRECTION WITH SAID ROAD AND ON THE SOUTH SIDE TO A PUMP HOUSE AND ALONG SAID ROAD APPROXIMATELY 492 FEET TO AN IRON STAKE. THENCE IN A SOUTHERLY DIRECTION 240 FEET TO THE NORTHWEST CORNER OF THE PROPERTY OF J. E. ADAMS AND WIFE MARTHA ANN ADAMS TO AN IRON STAKE; THENCE IN AN EASTERLY DIRECTION WITH THE PROPERTY LINE OF J. E. ADAMS AND WIFE, MARTHA DAVIS ADAMS, TO AN IRON STAKE THENCE IN A SOUTHERLY DIRECTION WITH THE PROPERTY LINE OF J. E. ADAMS AND WIFE, MARTHA ANN ADAMS, TO AN IRON STAKE AT GEORGIA HIGHWAY NO. 2; THENCE IN A NORTHEASTERLY DIRECTION ALONG AND WITH SAID GEORGIA HIGHWAY NO. 2 BACK TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY IS BOUNDED ON THE WEST BY J. E. ADAMS AND JAMES DAVENPORT, ON THE NORTH AND EAST BY JAMES DAVENPORT AND ON THE SOUTH BY J. E. ADAMS AND GEORGIA HIGHWAY NO. 2. COMMONLY KNOWN AS: 1860 HIGHWAY 2, BLUE RIDGE, GA 30513 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, 7105 CORPORATE DRIVE, 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 1860 HIGHWAY 2, BLUE RIDGE, GEORGIA 30513 is/are: BROOKY STACY 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 BROOKY STACY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006080964. BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398. July 6-27 #262741
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