State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by PATRICK W. SAENZ AND AMY L SAENZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR AMERICAN EQUITY MORTGAGE, INC. , dated 12/31/2008, and Recorded on 02/20/2009 as Book No. 3427 and Page No. 241-250, COWETA 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 $127,187.00, 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 COWETA County Courthouse within the legal hours of sale on the first Tuesday in May, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE LYING AND BEING IN LAND LOT 214 OF THE FIFTH LAND DISTRICT OF COWETA COUNTY, GEORGIA, AND BEING IDENTIFIED AS LOT B‑3 OF HAPPY VALLEY ESTATES, PHASE B, AS SHOWN ON PLAT OF SURVEY OF HAPPY VALLEY ESTATES, PHASE B, PREPARED FOR NEWMAN INVESTOR'S INC., DATED APRIL 17, 1996, MADE BY CRANE AND ASSOCIATES, INC. AS RECORDED IN PLAT BOOK 62, PAGES 142 AND 143 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF COWETA COUNTY, GEORGIA TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR AND ACCURATE DESCRIPTION OF THE PROPERTY CONVEYED HEREIN. THIS PROPETY IS CONVEYED SUBJECT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR HAPPY VALLEY ESTAES, RECORDED AUGUST 15, 1995, IN DEED BOOK 953, PAGE 481, COWETA COUNTY RECORDS 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 45 HAPPY VALLEY ESTATES DRIVE, NEWNAN, GEORGIA 30263 is/are: PATRICK W. SAENZ AND AMY L SAENZ 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 PATRICK W. SAENZ AND AMY L SAENZ. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006633200 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398.