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gpn11 CN6081 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF CATOOSA Under and by virtue of the power of sale contained with that certain Security Deed dated July 12, 2007, from Dallas W. Whitaker and Joyce B. Whitaker to Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Center, Inc., d/b/a Lending Tree Loans, recorded on July 23, 2007 in Deed Book 1384 at Page 47, as modified by Loan Modification Agreement recorded in Deed Book 1675, at Page 421, Catoosa 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 July 12, 2007, in the amount of $150,000.00, having a modified loan amount of $147,067.65, 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 Catoosa County, Georgia, on June 2, 2015, the following described real property (hereinafter referred to as the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 112, IN THE 28TH DISTRICT AND 3RD SECTION OF CATOOSA COUNTY, GEORGIA, AND BEING LOT NO. THIRTY (30) TOWNSEND PLACE SUBDIVISION, UNIT NO. TWO (2), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF TOWNSEND CIRCLE, A DISTANCE OF 143.18 FEET EAST OF THE INTERSECTION OF TOWNSEND CIRCLE WITH THE EAST LINE OF THREE NOTCH ROAD, AND RUNNING THENCE SOUTH 88 DEGREES 32 MINUTES EAST, ALONG TOWNSEND CIRCLE, A DISTANCE OF 105 FEET TO A POINT; THENCE SOUTH 1 DEGREE 27 MINUTES WEST, A DISTANCE OF 145.94 FEET TO A POINT; THENCE NORTH 87 DEGREES 58 MINUTES WEST, A DISTANCE OF 105 FEET TO A POINT; THENCE NORTH 1 DEGREE 27 MINUTES EAST, A DISTANCE OF 144.9 FEET TO THE POINT OF BEGINNING. 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 Dallas W. Whitaker and Joyce B. Whitaker. The property, being commonly known as 40 Townsend Circle, Ringgold, GA 30736 in Catoosa County, will be sold as the property of Dallas W. Whitaker and Joyce B. Whitaker, 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, 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 Dallas W. Whitaker and Joyce B. Whitaker 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 A-4522736 05/06/2015, 05/13/2015, 05/20/2015, 05/27/2015 5-6,13,20,27
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