About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (Jan. 9, 2013)
PAGE 10B THE BANKS COUNTY NEWS WEDNESDAY, JANUARY 9, 2013 Public Notices Continued vey and inspection of the prop erty, and (c) all matters of record superior to the Deed to Secure Debt first set out above, includ ing, but not limited to, assess ments, 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 cer tain procedures regarding the rescission of judicial and nonjudi cial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirma tion and audit of the status of the loan as provided in the pre ceding paragraph. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for STEPHEN P RICCI AND CRYSTAL A STOUT. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120187409406 BARRETTDAFFINFRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. (JA9,16,23,30B/19564-80T4) gpnll Notice of Sale Notice of Sale Under Power State of Georgia, County of Banks By virtue of the power of sale contained in that certain Deed to Secure Debt from CHRISTY EDWARDS WADE to MORTGAGE ELECTGRONIC REGISTRATION SYSTEMS, INC. dated February 19, 2008, filed for record February 26, 2008, and recorded in Deed Book 321, Page 319, BANKS County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assign ment recorded in Deed Book 372, Page 235, BANKS County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated February 19, 2008 in the original principal sum of NINETY NINE THOUSAND NINE HUNDRED SEVENTY SEVEN AND 0/100 DOLLARS ($99,977.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at pub lic outcry to the highest bidder for cash before the Courthouse door at BANKS County, Georgia, within the legal hours of sale on the first Tuesday in February, the property described on Exhibit “A” attached hereto and incorporat ed herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, including attorney’s fees. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BACHOMELOANSSERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP holds the duly indorsed Note and is the assignee of the Security Deed to your property. BANK OF AMERICA, N.A. services your loan on behalf of BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the current beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any tax ing authority, any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Said property will be sold as the property of CHRISTY EDWARDS WADE. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BACHOMELOANSSERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP As Attorney-in-Fact for CHRISTY EDWARDS WADE Phelan Hallinan & Jones, LLC 303 Perimeter Center North, Suite 800 Atlanta, GA 30346 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 11440 This law firm is acting as a debt collector. Any informa tion obtained will be used for that purpose. EXHIBIT A ALLTHATTRACTORPARCEL OF LAND LYING AND BEING IN THE 448TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 2.01 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR LISA F. REED BY JIMMY D. BULLOCK & ASSOCIATES, REGISTERED SURVEYOR, DATED JULY 19, 1994, RECORDED IN PLAT BOOK 19, PAGE 4, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BANKS COUNTY, GEORGIA AND INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE FOR A MORE DETAILED DESCRIPTION. (JA9,16,23,30B/20538-70T4P) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN A STRICKLAND, III to REGIONS MORTGAGE, INC., dated December 7, 2001, recorded in Deed Book 183, Page 90, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTEEN THOUSAND NINE HUNDRED FIVE AND 0/100 DOLLARS ($113,905.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2013, the following described property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF 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 indebt edness 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 pay ing the same and all expenses of this sale, as provided in Security Deed and by law, including attor ney’s fees (notice of intent to col lect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordi nances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Regions Bank suc cessor by merger with Regions Mortgage, Inc. is the holder of the Note and Security Deed to the property in accordance with OCGA§ 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Mortgage, 1900 Charles Bryan Road AX2, Cordova, TN 38018, 800-986- 2462. To the best knowledge and belief of the undersigned, the party in possession of the property is John A Strickland, III or a tenant or tenants and said property is more com monly known as 15 Comer St, Maysvilee, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Regions Bank successor by merger with Regions Mortgage, Inc. as Attorney in Fact for John A Strickland, III McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/sju 2/5/13 Our file no. 51103812-FT15 EXHIBIT “A" All that tract or parcel of land lying and being in the City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 0.83 acres, more or less, as more particularly shown on a plat of survey prepared for William Tallmon & Nora Tallmon by W.T. Dunahoo, Registered Surveyor, dated December 14, 1994, recorded at Plat Book 19, Page 93, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/ sju 2/5/13 Our file no. 51103812 - FT15 (JA9,16,23,30B/19698#51103812-60T1P) gpnll Notice of Foreclosure Sale Because of default in the pay ment of a loan secured by a deed to secure debt executed by CHIP CANTRELL AND CHUCK CANTRELL to FIRST GEORGIA BANKING COMPANY, dated February 11, 2008, recorded February 20, 2008 in Deed Book 321, Page 52, as modified by modifications recorded in Deed Book 338, Page 44; Page 338, Page 869; Deed Book 344, Page 717; and, Deed Book 357, Page 293, now being assigned to CertusBank, N.A. by Receiver’s Assignment of Loan Documents being recorded in Deed Book 381, Page 498, Banks County Superior Court, the undersigned has declared the full unpaid amount of the indebtedness referred to due and payable, and, acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in February, 2013, dur ing the legal hours of sale at the courthouse in said County, sell at public outcry to the highest bid der for cash, the lands described in said deed, to-wit: All that tract or parcel of land lying and being in Land Lot 203 of the 10th Land District of Banks County,, Georgia containing 1.63 acres, more or less, as shown on plat of survey by Hubert Lovell, R.S., dated November 2, 1983, the same being recorded among the records of the Clerk of Superior Court of Banks County, Georgia in Plat Book 9, Page 197, the same being incorpo rated herein for a more full and adequate description. The street address of the property is Chandler Road, Baldwin, Georgia 30511. The indebtedness secured by the referenced collateral is also secured by a security deed recorded in Deed Book 838, Page 207, Habersham County, Georgia, Public Deed Records. A sale will be called in each county or until the debt is satis fied whichever comes first. Notice has been given by cer tified mail to the debtor in com pliance with OCGA 44-14-162, et seq. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, easements, encumbranc es, boundary line agreements, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Said property also sold subject to the rights of tenant(s) in possession, if any, and all parties claiming by, through or under said tenant(s). It is believed by the under signed that the person in pos session of such property is Chip Cantrell and Chuck Cantrell, or other tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. The undersigned will execute a deed to the purchaser as autho rized by the aforementioned loan deed. The following information is being provided in accordance with OCGA § 44-14-162.2. CertusBank, N.A., as assignee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, is the secured creditor under the security deed or deed to secure debt and loan being fore closed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described security deed and associated note(s) on behalf of the secured creditor: CertusBank, N.A., as assignee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, P.O. Box 2578, Carrollton, Georgia 30112; (770) 830-1233, Attn: Foreclosures. OCGA n 44-14- 162.2 states in pertinent part that, “nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.” THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 5th day of December, 2012. WIGGINS & CAMP, PC. BY: James T. Camp, Attorney for CertusBank, N.A., Attorney-in-Fact for Chip Cantrell and Chuck Cantrell WIGGINS & CAMP, P. C. 128 Newnan Street Carrollton, Georgia 30117 (770) 832-2482 (JA9,16,23,30B/20612-70) Please read then recycle this newspaper. gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by DOROTHY EADEN AND BRITTANY PRUETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 27, 2007, recorded in Deed Book 302, Page 512, Banks County, Georgia Records, as last trans ferred to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP for merly known as Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 369, Page 424, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY- SEVEN THOUSAND FOUR HUNDRED THIRTY-ONE AND 0/100 DOLLARS ($137,431.00), with interest thereon as set forth therein, there will be sold at pub lic outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in February, 2013, the following described property: SEE EXHIBIT “A" ATTACHED HERETO AND MADE A PART HEREOF 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 indebt edness 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 pay ing the same and all expenses of this sale, as provided in Security Deed and by law, including attor ney’s fees (notice of intent to col lect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinanc es, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Bank of America, N.A., succes sor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing, LP is the holder of the Note and Security Deed to the property in accordance with OCGA § 44-14-162.2. The entity that has full author ity to negotiate, amend, and modify all terms of the mort gage with the debtor is: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951- SI 00. To the best knowledge and belief of the undersigned, the party in possession of the property is Dorothy Eaden or a tenant or tenants and said prop erty is more commonly known as 947 Mount Sinai Road, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Bank of America, N.A., suc cessor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing, LP as Attorney in Fact for Dorothy Eaden and Brittany Pruett McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/krc1 2/5/13 Our file no. 5483112-FT11 EXHIBIT “A” All that tract or parcel of land lying and beig in the 912th G.M. District, Banks County, Georgia, containing 2.40 acres, more or less, and being bounded now or formerly as follows: north by lands of Porter and County Paved Road #300; east by lands of Porter; south by lands of Porter; and west by lands of Porter. Said tract of land, being more par ticularly described according to a plat of survey prepared by Max Lewallen, surveyor, dates August 3, 1993, as per plat recorded in Plat Book 18, Page 43, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/ krc1 2/5/13 Our file no. 5483112 - FT11 (JA9,16,23,3 OB/29698#5483112-70T1P) gpnll Notice of Sale Notice of Sale Under Power Georgia, Habersham County Under and by virtue of the power of sale contained in that Deed to Secure Debt from SERENITY LAKE, LLC, ROBERT D. GASAWAY, III and SHANNON G. GASAWAY to TRADITIONS BANK, a Division of Rabun County Bank, dated October 25, 2005, recorded among Habersham County, Georgia Records in Deed Book 728, Page 84, and recorded among Banks County, Georgia Records in Deed Book 270, page 139, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in HABERSHAM COUNTY, during the legal hours of sale, on the first Tuesday in February, 2013 by Traditions Bank, a Division of Rabun County Bank, as Attorney-in-Fact for Serenity Lake, LLC, Robert D. Gasaway, III and Shannon G. Gasaway the following described property: Property 1: All that tract or parcel of land lying and being in Land Lots 2 & 117 of the 10th and 11th Land District of Habersham County, Georgia, containing 44.623 acres, more or less on a plat of survey prepared by Samuel L. Duvall, R.S., under date of October 15, 2001, recorded in the office of the Clerk of Superior Court of Habersham County, Georgia, in Plat Book 56, Page 296, to which said plat and the record thereof, reference is here by made for a more complete description. Less & Except: All that tract or parcel of land lying and being in Land Lot 2 of the 10th Land District of Habersham County, Georgia, containing 0.317 acre, more or less, conveyed in that certain Right of Way Deed from Robert J. Tatum and Edna T. Tatum to Georgia Department of Transportation, dated July 1, 2002, recorded in Deed Book 552, Page 437, Habersham County, Georgia records. Also: All that tract or parcel of land lying and being in Land Lot 117 of the 11th Land District of Habersham County, Georgia, being shown and designated as Tract 1, containing 40.110 acres, more or less, on a plat of survey prepared by Edwin G. Davidson, under date of September 14, 2005, recorded in the office of the Clerk of Superior Court of Habersham County, Georgia, in Plat Book 58, Page 110, to which said plat and the record thereof is referenced to hereby make for a more complete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above-described property via the course of an existing 12-foot wide gravel road extending from the northern paved terminus of Oak Spring Road to the south ernmost corner of Tract 1 as shown on the plat of survey referred to above. Property 2: All that tract or parcel of land lying and being in GMD 1210 of Banks County, Georgia, contain ing 25.12 acres, more or less, as shown on a plat of survey pre pared by Max Lewallen, R.L.S., under date of July 27, 1989, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 14, Page 197, to which said plat and the record thereof reference is here by made for a more complete description. Subject to: Protective Covenants dated August 15, 1989, recorded among Banks County, Georgia Records in Deed Book 55, Pages 513-516. Property 3: All that tract or parcel of land lying and being in GMD 1210 of Banks County, Georgia, contain ing 32.00 acres, more or less, as shown on a plat of survey pre pared by Barry D. Lord, R.L.S., under date of March 13, 2000, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Page 44, to which said plat and the record thereof reference is here by made for a more complete description. Less & Except: Those portions of the above-described property described in and conveyed by that certain Warranty Deed from Robert D. Gasaway, III a/k/a Dan Gasaway and Shannon G. Gasaway to Pattie M. Kim, dated August 2, 2002, recorded in Deed Book 197, Page 77, Banks County, Georgia, records. NOTE: Tax records indicate there are 16.392 acres remain ing in this tract. All of the above-described property will be sold at public outcry to the highest bidder for cash before the Courthouse door in HABERSHAM COUNTY, dur ing the legal hours of sale, on the first Tuesday in February, 2013 by Traditions Bank, a Division of Rabun County Bank, as Attorney-in-Fact for Serenity Lake, LLC, Robert D. Gasaway, III and Shannon G. Gasaway. The indebtedness secured by said Deed to Secure Debt hav ing been declared due and pay able because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees (notice having been given as provided by law). The property will be sold sub ject to the following: (1) all prior restrictive cove nants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and pay able; and (6) matters of record superior to the security deed first set out above. The entity with full authority to negotiate, amend and mod ify all terms of the mortgage with Debtor is Traditions Bank, a Division of Rabun County Bank, 210 Cannon Bridge Road, Cornelia, Georgia, 30531; phone number 706-778-9256. To the best of the under signed’s knowledge and belief, the parties in possession are Serenity Lake, LLC, Robert D. Gasaway, III and Shannon G. Gasaway or a tenant or tenants. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt. Traditions Bank, a Division of Rabun County Bank, as Attorney-in-fact for Serenity Lake, LLC, Robert D. Gasaway, III and Shannon G. Gasaway. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. M. Keith York Kimzey, Kimzey & York R O. Box 38 Cornelia, GA 30531 (706) 778-6823 (DC9,16,23,30B/1326-110P) gpnll Notice of Sale Notice of Sale Under Power State of Georgia, County of Banks By virtue of the power of sale contained in that certain Deed to Secure Debt from EDWARD JOSEPH THOMAS, III and JULIE BLUME THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 3, 2008, filed for record July 8, 2008, and record ed in Deed Book 328, Page 147, BANKS County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BACHOMELOANSSERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 368, Page 484, BANKS County, Georgia Records, cor rective assignment record ed in Deed Book 380, Page 27, BANKS County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated July 3, 2008 in the original principal sum of ONE HUNDRED TWENTY ONE THOUSAND NINETY NINE AND 0/100 DOLLARS ($121,099.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at pub lic outcry to the highest bidder for cash before the Courthouse door at BANKS County, Georgia, within the legal hours of sale on the first Tuesday in February, the property described on Exhibit “A” attached hereto and incorporat ed herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, including attorney's fees. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BACHOMELOANSSERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP holds the duly indorsed Note and is the assignee of the Security Deed to your property. BANK OF AMERICA, N.A. services your loan on behalf of BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the current beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any tax ing authority, any matters which might be disclosed by an accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Said property will be sold as the property of EDWARD JOSEPH THOMAS, III and JULIE BLUME THOMAS. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BACHOMELOANSSERVICING, LP FKA COUNTRYWIDE HOME continued on following page