Notice Content
gpn11 CN6332 Notice of Sale Under Power. State of Georgia, County of CATOOSA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by EVELYN C MARLOWE AND HAROLD E MARLOWE to BANK OF AMERICA, N.A. , dated 02/01/2001, and Recorded on 03/19/2001 as Book No. 0790 and Page No. 283, CATOOSA County, Georgia records, as last assigned to DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004 A (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $81,583.50, 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 CATOOSA County Courthouse within the legal hours of sale on the first Tuesday in October, 2015, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT 108 IN THE 28TH DISTRICT, 3RD SECTION OF CATOOSA COUNTY, GEORGIA BEING KNOWN AND DESIGNATED AS LOT NOS. 59, 60, AND PART OF LOT 61, LOOKOUT VIEW SUBDIVISION AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 4, PAGE 90, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA, AND DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHWEST LINE OF CREST DRIVE, AT A POINT WHICH IS 280 FEET SOUTHEAST ALONG THE SOUTHWEST LINE OF CREST DRIVE FROM ITS INTERSECTION WITH PIERCE DRIVE, SAID POINT ALSO BEING 30 FEET SOUTHEAST OF THE NORTHWEST CORNER OF SAID LOT NO. 61 (PREVIOUSLY DESCRIBED IN ERROR AS 250 FEET FROM SAID INTERSECTION WITH PIERCE DRIVE); THENCE ALONG THE SOUTHWEST LINE OF CREST DRIVE, IN A SOUTHEASTERLY DIRECTION 301.8 FEET TO A POINT; THENCE ALONG THE LINE DIVIDING LOTS 58 AND 59, SOUTH 1 DEGREE 19 MINUTES EAST 276.6 FEET TO A POINT; THENCE NORTH 89 DEGREES 32 MINUTES WEST 300 FEET TO A POINT; THENCE ALONG THE LINE DIVIDING LOT 61 FROM LOTS 23 AND 24, NORTH 1 DEGREE 57 MINUTES EAST, 302.6 FEET TO A POINT; THENCE NORTH 15 DEGREES 12 MINUTES EAST 156 FEET TO THE POINT OF BEGINNING AND BEING THE SAME PROPERTY CONVEYED FROM J. G. PIERCE AND WIFE, WINNIE PIERCE TO WILLIAM E. LANDRUM AND WIFE, IN DEED BOOK 113, PAGE 654, AND BEING THE SAME PROPERTY SHOWN ON PLAT OF SURVEY BY JACK B. KIMSEY DATED OCTOBER 21, 1977. BEING THAT PARCEL OF LAND CONVEYED TO HAROLD E. MARLOWE AND WIFE, EVELYN C. MARLOWE FROM ENOCH B. YORK AND WIFE, DORIS YORK BY THAT DEED DATED 02/08/1978 AND RECORDED 02/10/1978 IN DEED BOOK 247, AT PAGE 419 OF CATOOSA COUNTY, GA PUBLIC REGISTRY. TAX MAP REFERENCE: 12D 46 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). DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004 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 483 CREST DR, RINGGOLD, GEORGIA 30736 is/are: EVELYN C MARLOWE AND HAROLD E MARLOWE 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. DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR DOVER MORTGAGE CAPITAL CORPORATION GRANTOR TRUST CERTIFICATE SERIES 2004 A as Attorney in Fact for EVELYN C MARLOWE AND HAROLD E MARLOWE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000004940284 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398 9-9,16,23,30
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