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NOTICE OF SALE UNDER POWER GEORGIA, NEWTON COUNTY By virtue of a Power of Sale contained in that certain Security Deed from TARA STARR SCOTT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR AMERICAS WHOLESALE LENDER, dated September 13, 2004, recorded October 28, 2004, in Deed Book 1780, Page 501-516, Newton County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Thirteen Thousand Two Hundred Forty and 00/100 dollars ($113,240.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-9, there will be sold at public outcry to the highest bidder for cash at the Newton County Courthouse, within the legal hours of sale on the first Wednesday in July, 2017, all property described in said Security Deed including but not limited to the following described property: ALL, THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 60 OF THE 10TH DISTRICT, NEWTON COUNTY, GEORGIA, BEING LOT 161, UNIT TWO OF LONG CREEK SUBDIVISION, AS PER PLAT OF RECORD IN PLAT BOOK 39, PAGES 50 THROUGH 55, NEWTON COUNTY, GEORGIA RECORDS, WHICH PLAT IS SPECIFICALLY INCORPORATED HEREIN AND MADE A PART HEREOF BY THIS REFERENCE. Said legal description being controlling, however the property is more commonly known as 95 HIGHGROVE DR, COVINGTON, GA 30016. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is TARA STARR SCOTT, or tenants(s). 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. Please note that, pursuant to O.C.G.A. SS 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, Loss Mitigation Dept., 75 Beattie Place, Ste. 300, Greenville, SC 29601, Telephone Number: 800-365-7107. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-9 as Attorney in Fact for TARA STARR SCOTT THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. SHP-16-07990-3 Ad Run Dates 06/04/2017, 06/11/2017, 06/18/2017, 06/25/2017 www.rubinlublin.com/property-listings.phpc Public Notice #111212 6/4,11,18,25
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