Notice Content
STATE OF GEORGIA
COUNTY of GWINNETT
NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from MARY MORGAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN EQUITY MORTGAGE, INC. dated August 31, 2010, filed for record September 15, 2010, and recorded in Deed Book 50269, Page 130, GWINNETT County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. by assignment recorded in Deed Book 54096, Page 179, GWINNETT County, Georgia Records, corrective assignment recorded in Deed Book 54327, Page 494, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated August 31, 2010 in the original principal sum of ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED TWENTY FOUR AND 0/100 DOLLARS ($114,724.00), 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 public outcry to the highest bidder for cash before the Courthouse door at GWINNETT County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in August, 2016, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MARTINS MILITIA DISTRICT, GWINNETT COUNTY, GEORGIA, DESCRIBED PARTICULARLY AS FOLLOWS:
BEGINNING ON THE WESTERLY SIDE OF PADEN DRIVE AT AN IRON PIN CORNER LOCATED 485 FEET SOUTHERLY FROM THE PROPERTY LINE OF M. W. HARRISON AS MEASURED ALONG THE WESTERLY SIDE OF PADEN DRIVE AND RUN THENCE IN A WESTERLY DIRECTION 175 FEET TO AN IRON PIN CORNER; THENCE IN A SOUTHERLY DIRECTION 125 FEET TO AN IRON PIN CORNER; THENCE IN AN EASTERLY DIRECTION 175 FEET TO AN IRON PIN CORNER ON THE WESTERLY SIDE OF PADEN DRIVE; THENCE IN A NORTHERLY DIRECTION ALONG THE WESTERLY SIDE OF SAID PADEN DRIVE 125 FEET TO AN IRON PIN CORNER AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED PROPERTY BOUNDED ON THE NORTH, WEST, AND SOUTH BY PROPERTY OF C. A. HARRISON AND ON THE EAST BY PADEN DRIVE. THE PROPERTY HEREIN DESCRIBED IS A PORTION OF THE LANDS DESCRIBED IN WARRANTY DEED FROM T. L. HARRIS TO C. A. HARRISON DATED JULY 5, 1946, AND RECORDED IN DEED BOOK 81, PAGE 213, GWINNETT COUNTY RECORDS.
THE DERIVATION OF SAME BEING:
THE SAME BEING PROPERTY CONVEYED BY DEED EXECUTED BY MARY LOUISE MORGAN, ON 03-06-2007, AS RECORDED ON 04-13-2007 AT BOOK/LIBER 47777, PAGE/FOLIO 391, IN THE LAND RECORDS OF GWINNETT COUNTY.
PARCEL IDENTIFICATION NUMBER: R5017-005A
To the best of the knowledge and belief of the undersigned, the party in possession of the property is MARY MORGAN A/K/A MARY LOUISE MORGAN or a tenant or tenants. Said property may more commonly be known as: 367 PADEN DR, LAWRENCEVILLE, GA 30044.
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 purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100; (800) 669-6650.
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 taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, 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 (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. 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. *Auction services to be provided by Auction.com (www.auction.com)*
BANK OF AMERICA, N.A.
As Attorney-in-Fact for
MARY MORGAN A/K/A MARY LOUISE MORGAN
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 28456
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-429071, 7/7,14,21,28
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