Notice Content
Notice of Sale
Under Power.
State of Georgia,
County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SICHANH VONGDARA, AIRNOY SOMPASEUTH AND SYVILAY SOMPASEUTH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR AMERICAN MORTGAGE NETWORK, INC. , dated 12/23/2004, and Recorded on 01/03/2005 as Book No. 41155 and Page No. 23, GWINNETT 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 $100,500.00, 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 GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in September, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 27 OF THE 7TH DISTRICT OF GWINNETT COUNTY, GEORGIA, AS SHOWN ON PLAT OF SURVEY FOR JOHN S. DEAN PREPARED BY S. R. FIELDS, SURVEYOR, NOV. 1, 1967, RECORDED IN PLAT BOOK O, PAGE 164, PLAT RECORDS OF GWINNETT COUNTY, AND MORE PARTICULARLY DESCRIBED ACCORDING TO SAID PLAT AND SURVEY AS FOLLOWS:
BEGINNING AT A POINT MARKED BY AN IRON PIN ON THE NORTHWESTERLY RIGHT?OF?WAY OF GEORGIA HIGHWAY NO. 124, WHICH POINT IS 661 FEET NORTHEASTERLY, AS MEASURED ALONG THE SAID RIGHT?OF?WAY LINE, FROM THE POINT OF INTERSECTION OF THE NORTHWESTERLY RIGHT?OF?WAY LINE OF GEORGIA HIGHWAY NO. 124 AND THE CENTER LINE OF ALLEN DRIVE, AND WHICH POINT IS ALSO A COMMON COMER WITH PROPERTY NOW OR FORMERLY OWNED BY HUGH CHESSER; RUNNING THENCE NORTH 35 DEGREES 21 MINUTES WEST ALONG THE LINE OF SAID CHESSER PROPERTY A DISTANCE OF 430 FEET TO AN IRON PIN ON THE SOUTHEASTERLY LINE OF THE PROPERTY OF THE LAWRENCEVILLE CAMP GROUND; RUNNING THENCE NORTH 70 DEGREES 30 MINUTES EAST A DISTANCE OF 100 FEET TO A POINT; RUNNING THENCE SOUTH 35 DEGREES 54 MINUTES EAST A DISTANCE OF 401.7 FEET TO A POINT ON THE NORTHWESTERLY RIGHT?OF?WAY LINE OF GEORGIA HIGHWAY NO. 124; RUNNING THENCE SOUTH 54 DEGREES 07 MINUTES WEST ALONG SAID RIGHT?OF?WAY LINE A DISTANCE OF 100 FEET TO AN IRON PIN, WHICH IS THE PLACE OR POINT OF BEGINNING. 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 attorneys fees (notice of intent to collect attorneys 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 FEDERAL HOME LOAN MORTGAGE CORPORATION (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 638 BRASELTON HWY, LAWRENCEVILLE, GEORGIA 30043 is/are: SICHANH VONGDARA, AIRNOY SOMPASEUTH AND SYVILAY SOMPASEUTH 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 SICHANH VONGDARA, AIRNOY SOMPASEUTH AND SYVILAY SOMPASEUTH. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005871538 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341?5398.
950-436098, 8/11,18,25,9/1
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