Details for WHITLEY 1016-4706A

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NOTICE OF SALE UNDER POWER, GWINNETT COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Craig C. Whitley and Madge Whitley to BANK OF AMERICA NA dated 5/28/2004 and recorded in Deed Book 38819 Page 82 and re-recorded at Deed Book 39992 Page 104 Gwinnett County, Georgia records; as last transferred to or acquired by BANK OF AMERICA, N.A., conveying the after-described property to secure a Note in the original principal amount of $236,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Gwinnett County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on November 5, 2019 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land lying and being in Land Lot 186 of the 5th District, of Gwinnett County, Georgia; and being Lot 3, Block A of Unit One, Saint Martin's Cove, as per plat recorded in Plat Book 66, Page 290, Gwinnett County, Georgia records; to which plat reference is made for a more detailed description. The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 625 Harbor Bay Drive, Lawrenceville, GA 30045 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Craig C. Whitley and Madge Whitley or tenant or tenants. Bank of America is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Bank of America Home Loan Assistance Dept. 7105 Corporate Drive Plano, TX 75024 (800) 669-6650 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 non-judicial 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 immediately above. BANK OF AMERICA, N.A. as agent and Attorney in Fact for Craig C. Whitley and Madge Whitley Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1016-4706A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1016-4706A

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