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 JULIA C HENDRICKS AND DEBORAH M HENDRICKS to BANK OF AMERICA, N.A. , dated 01/17/2003, and Recorded on 01/30/2003 as Book No. 30849 and Page No. 0126, 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 $50,000.00, 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 Wednesday in July, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 158 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST SIDE OF SHADY DRIVE (ASSUMED TO HAVE A 60 FOOT RIGHT OF WAY) 647.0 FEET NORTHEASTERLY AS MEASURED ALONG SAID ASSUMED RIGHT OF WAY LINE FROM THE SOUTHEAST LINE OF LAND LOT 158; THENCE NORTH 76 DEGREES 49 00 WEST 30 FEET TO THE CENTERLINE OF SHADY DRIVE; THENCE NORTH 09 DEGREES 59 38 EAST ALONG SAID CENTERLINE 125.0 FEET; THENCE SOUTH 76 DEGREES 49 00 EAST 40 FEET TO AN IRON PIN; THENCE SOUTH 78 DEGREES 35 48 EAST 96.54 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 49 35 EAST 59.75 FEET TO AN IRON PIN; THENCE SOUTH 78 DEGREES 35 48 EAST 129.30 FEET TO AN IRON PIN; THENCE SOUTH 13 DEGREES 11 00 WEST 145.63 FEET TO AN IRON PIN; THENCE NORTH 76 DEGREES 49 00 WEST 276.91 FEET TO AN IRON PIN; THENCE CONTINUING ON THE SAME BEARING 100 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE PORTION OF THE DESCRIBED LAND LYING WITHIN THE RIGHT OF WAY OF SHADY DRIVE; CONTAINING 0.89 ACRES MORE OR LESS (BASED ON SHADY DRIVE HAVING A 60 FOOT RIGHT OF WAY.
BEING THE SAME PROPERTY CONVEYED TO JULIA C. HENDRICKS AND DEBORAH M. HENDRICKS JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP BY DEED FROM JULIA C. HENDRICKS RECORDED 01/1/1999, IN DEED BOOK 17557, PAGE 169
TAX ID # R6158 023 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 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 4448 SHADY DR NW, LILBURN, GEORGIA 30047 is/are: JULIA C HENDRICKS AND DEBORAH M HENDRICKS 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 JULIA C HENDRICKS AND DEBORAH M HENDRICKS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006689830 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
950-490857, 6/7,14,21,28
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