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STATE OF GEORGIA COUNTY of RICHMOND NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from ROBERT L. JONES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AUGUSTA MORTGAGE CO. dated July 12, 2005, filed for record October 12, 2005, and recorded in Deed Book 1019, Page 94, RICHMOND County, Georgia Records as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2005-46CB) by assignment recorded in Deed Book 1305, Page 1860, RICHMOND County, Georgia Records, corrective assignment recorded in Deed Book 1476, Page 1537, RICHMOND County, Georgia Records. Said. Said Deed to Secure Debt having been given to secure a Note dated July 12, 2005 in the original principal sum of ONE HUNDRED SIXTY ONE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($161,900.00), 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 RICHMOND 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 June, 2015, the following described property: ALL THAT LOT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 1269TH D.G.M. RICHMOND COUNTY, GEORGIA, KNOWN AND DESIGNATED AS LOT NO 46, SECTION TWO OF BERCKMAN HILLS SUBDIVISION, AS SHOWN ON A PLAT DATED JULY 15, 1970, PREPARED BY BOBBY G. PRICE FOR GEORGE P. AND LINDA M. KING, A COPY OF WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, ON REALTY REEL 97, PAGE 1714, SAID PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO AND REFERENCE IS HEREBY MADE TO SAID PLAT FOR A MORE PARTICULAR DESCRIPTION OF THE METES, BOUNDS, COURSES, DISTANCES AND LOCATION OF SAID PROPERTY, WHICH IS FURTHER IDENTIFIED PURSUANT TO THE CURRENT SYSTEM OF HOUSE NUMBERING IN RICHMOND COUNTY, GEORGIA AS 2817 INGLESIDE DRIVE. SAID PROPERTY IS CONVEYED SUBJECT TO RESTRICTIVE COVENANTS BINDING SAID PROPERTY AS RECORDED IN SAID CLERK'S OFFICE IN REALTY BOOK 19-L, PAGES 21-23, AS AMENDED, SUBJECT TO ALL EASEMENTS SHOWN ON A PLAT OF SAID SUBDIVISION RECORDED IN SAID CLERK'S OFFICE IN REALTY BOOK 19-L, PAGES 24-25, AND SUBJECT TO AN EASEMENT ALONG THE REAR 5 FEET OF SAID LOT FOR UTILITIES AND DRAINAGE USE. THIS CONVEYANCE IS MADE SUBJECT TO AN AGREEMENT RESPECTING COMMON BOUNDARY ENCROACHMENTS BETWEEN GEORGE P. KING AND LINDA M. KING AND PATRICIA G. WINNER, DATED AUGUST 11, 1978, AND RECORDED IN SAID CLERK'S OFFICE ON REALTY REEL 97, PAGE 1715. To the best of the knowledge and belief of the undersigned, the party in possession of the property is ROBERT L. JONES or a tenant or tenants. Said property may more commonly be known as: 2817 INGLESIDE DRIVE, AUGUSTA, GA 30909. 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 attorney's fees (notice of intent to collect attorney's fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is BAYVIEW LOAN SERVICING, LLC, 4425 PONCE DE LEON BLVD, CORAL GABLES, FL 33146; (800) 457-5105. 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. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2005-46CB) As Attorney-in-Fact for ROBERT L. JONES Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 22507 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. May 7, 14, 21, 28, 2015 Ad #16607157
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