Notice Content
gpn14 CN6056 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF CATOOSA Under and by virtue of the power of sale contained with that certain Security Deed dated July 29, 2010, from Ellen A. Walker and Donald Lee Walker to Mortgage Electronic Registration Systems, Inc., as nominee for United Wholesale Mortgage, recorded on August 5, 2010 in Deed Book 1538 at Page 819, Catoosa County, Georgia Records, having been last sold, assigned, transferred and conveyed to Bank Of America, N.A. by Assignment and said Security Deed having been given to secure a note dated July 29, 2010, in the amount of $187,117.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Catoosa County, Georgia, on June 2, 2015, the following described real property (hereinafter referred to as the "Property"): TRACT ONE (1): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND NOT NO. 103 AND 104, IN THE 27TH DISTRICT, 3RD SECTION OF CATOOSA COUNTY, GEORGIA, AND DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF NICKAJACK ROAD, AT A POINT WHICH IS 2,736.5 FEET WEST, AND NORTHWEST, ALONG SAID ROAD FROM ITS INTERSECTION WITH THE EAST LINE OF SAID LAND LOT NO. 103; THENCE ALONG THE NORTH LINE OF SAID ROAD, NORTH 76 DEGREES 40 MINUTES WEST, 300 FEET TO A POINT; THENCE NORTH 3 DEGREES 15 MINUTES EAST, 873 FEET TO A POINT; THENCE NORTH 88 DEGREES 12 MINUTES EAST, 300 FEET TO A POINT; THENCE SOUTH 3 DEGREES 28 MINUTES WEST, 951.9 FEET TO THE POINT OF BEGINNING, AS SHOWN BY PLAT OF SAID PROPERTY PREPARED BY JACK B. KENSEY, UNDER DATE OF JUNE 6, 1974. TRACT TWO (2): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NUMBER ONE HUNDRED THREE (103) IN THE 27TH DISTRICT AND 3RD SECTION OF CATOOSA COUNTY, GEORGIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF NICKAJACK ROAD A DISTANCE OF 2,427.6 FEET WEST, AS MEASURED ALONG THE NORTH LINE OF NICKAJACK ROAD FROM ITS INTERSECTION WITH THE EAST LINE OF SAID LAND LOT NO. 103; THENCE IN A WESTLY DIRECTION, ALONG THE NORTH LINE OF NICKAJACK ROAD, A DISTANCE OF 308.9 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY ALREADY OWNED BY DONALD WALKER; THENCE NORTH 03 DEGREES 28 MINUTES EAST, ALONG THE EAST LINE OF THE PROPERTY ALREADY OWNED BY WALKER, A DISTANCE OF 951.9 FEET TO A POINT, THENCE NORTH 88 DEGREES 12 MINUTES EAST, A DISTANCE OF 390 FEET TO THE NORTHWEST CORNER OF THE CLAUDE LAND PROPERTY; THENCE SOUTH 03 DEGREES 27 MINUTES WEST ALONG THE WEST LINE OF CLAUDE LAND, A DISTANCE OF 585.9 FEET; THENCE CONTINUING ALONG THE WEST LINE OF THE CLAUDE LAND PROPERTY, SOUTH 14 DEGREES 39 MINUTES WEST, A DISTANCE OF 469 FEET TO THE NORTH LINE OF NICKAJACK ROAD, THE POINT OF BEGINNING. THE FOLLOWING TRACTS BEING SHOWN BY PLAT IN PLAT BOOK 13, PAGE 82, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. BEING THE SAME PROPERTY CONVEYED TO DONALD LEE WALKER FROM JUDITH WALKER DATED 10/06/83, RECORDED IN DEED BOOK 298, PAGE 165, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. SUBJECT TO ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Ellen A. Walker and Donald Lee Walker (Deceased). The property, being commonly known as 858 W Nickajack Rd, Ringgold, GA 30736 in Catoosa County, will be sold as the property of Ellen A. Walker and Donald Lee Walker (Deceased), subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Bank of America, N.A., 9000 Southside Boulevard, Building 400, Jacksonville, FL 32256, 800-846-2222. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Bank Of America, N.A. as Attorney in Fact for Ellen A. Walker and Donald Lee Walker 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 A-4517419 05/06/2015, 05/13/2015, 05/20/2015, 05/27/2015 5-6,13,20,27
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