NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from EDGERTON HARTWELL, II (”Grantor”) to and in favor of Bank of America, N.A. (”Lender”) dated June 26, 2007 filed for record June 29, 2007, and recorded in Deed Book 4801, page 325-341, Forsyth County, Georgia records (the “Deed to Secure Debt”); the Deed to Secure Debt securing that certain Promissory Note dated June 26, 2007 in the original principal sum of Two Million Eight Hundred Ninety Thousand and 00/100 ($2,890,000.00), with interest from the date thereof at the rate specified therein; there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Forsyth County, Georgia, on the first Tuesday in August, 2009 the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
(a) All that certain tract or parcel of land lying and being in Forsyth County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in Land Lot 446 of the 1st District, 1st Section, Forsyth County, Georgia, being Lot 484, St. Marlo Country Club, POD 20, as per Plat recorded in Plat Book 58, Pages 59-63, Forsyth County, Georgia records, which recorded plat is incorporated herein by this reference and made a part of this description, and more commonly known as 7865 St. Marlo Fairway Drive, Duluth, Georgia 30097 (the “Land”); and
(b) all improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, and all replacements and additions.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Deed to Secure Debt therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Deed to Secure Debt.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Deed to Secure Debt, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Deed to Secure Debt. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Deed to Secure Debt and to which the Deed to Secure Debt is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF AMERICA, N.A.
As Attorney-in-Fact for
EDGERTON HARTWELL, II
Beth E. Rogers, Esq.
ROGERS LAW OFFICES*
4047 Holcomb Bridge Road, Ste. 201
Norcross, Georgia 30092
(770) 685-6320 phone
(678) 990-9959 fax
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
L652 7/8, 15, 22, 29

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