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Notice of Sale Under Power State of Georgia, County of GLYNN. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by EDWIN DIEL AND SANDRA DIEL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR PREMIUM CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE, A NEW YORK LIMITED LIABILITY COMPANY , dated 02/17/2009, and Recorded on 03/03/2009 as Book No. 2546 and Page No. 324-336, GLYNN 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 $89,285.00, 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 GLYNN County Courthouse within the legal hours of sale on the first Tuesday in August, 2015, the following described property: THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: THE FOLLOWING DESCRIBED REAL PROPERTY, TO-WIT: ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN GLYNN COUNTY, GEORGIA, AND IN THAT SUBDIVISION KNOWN AS TURTLE CREEK SUBDIVISION, PHASE II, DESCRIBED AND IDENTIFIED ACCORDING TO THE MAP AND PLAN OF SAID SUBDIVISION MADE BY HELMLY AND ASSOCIATES, INC., VINCENT HELMLY, GEORGIA REGISTERED LAND SURVEYOR NO. 1882. DATED AUGUST 16,1989 RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF GLYNN COUNTY, GEORGIA IN PLAT DRAWER 20, MAP NO. 0384, AS ALL OF LOT NUMBERED SEVENTY-EIGHT (78), TURTLE CREEK SUBDIVISION, PHASE II, GLYNN COUNTY,GEORGIA. REFERENCE IS HEREBY MADE TO THE AFORESAID PLAT AND TO THE RECORD THEREOF FOR THE PURPOSE OF MORE PARTICULARLY DESCRIBING AND IDENTIFYING THE LOCATION, METES AND BOUNDS OF THE SUBJECT PROPERTY AND FOR ALL OTHER PURPOSES ALLOWED BY LAW. PARCEL #03-12021 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 376 TERRAPIN TRAIL, BRUNSWICK, GEORGIA 31525 is/are: EDWIN DIEL AND SANDRA DIEL 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 EDWIN DIEL AND SANDRA DIEL. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005305628 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
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