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gpn11 CN6125 STATE OF GEORGIA COUNTY of CATOOSA NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from TOMMY R. BENNETT JR and PAULA S. BENNETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAS WHOLESALE LENDER dated July 31, 2006, filed for record August 4, 2006, and recorded in Deed Book 1301, Page 653, CATOOSA County, Georgia Records, as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2006-28CB) by assignment recorded in Deed Book 1705, Page 62, CATOOSA County, Georgia Records, corrective assignment recorded in Deed Book 1771, Page 443, CATOOSA County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated July 31, 2006 in the original principal sum of ONE HUNDRED FIFTY THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($150,400.00), 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 CATOOSA 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 July, 2015, the following described property: FILE NO. 1925-06 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO. 41 IN THE 28TH DISTRICT AND 3RD SECTION OF CATOOSA COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS LOT NO. 48 OF WILLOW CREEK ESTATES OF RECORD BY PLAT DATED NOVEMBER 3, 2005, IN THE PLAT BOOK 20, PAGES 87 AND 88, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. FOR PRIOR TITLE SEE DEED IN DEED BOOK 1245, PAGE 419, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. PROPERTY KNOWN AS 25 CARRIGAN CIRCLE, RINGGOLD, GEORGIA 30736, OUT OF MAP PARCEL NO. 20B-52. THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING: ANY GOVERNMENTAL ZONING AND SUBDIVISION ORDINANCES OR REGULATIONS IN EFFECT THEREON. ALL APPLICABLE CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, ETC., AS SHOWN ON RECORDED PLAT. RESTRICTIONS DATED NOVEMBER 3, 2005, AND RECORDED IN DEED BOOK 1235, PAGES 163-184 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CATOOSA COUNTY, GEORGIA. BUILDING SETBACK LINES AS SHOWN ON RECORDED PLAT. ALL MATTERS AS SHOWN OR STIPULATED ON RECORDED PLAT. To the best of the knowledge and belief of the undersigned, the party in possession of the property is TOMMY R. BENNETT JR and PAULA S. BENNETT or a tenant or tenants. Said property may more commonly be known as: 25 CARRIGAN CIRCLE, RINGGOLD, GA 30736. 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 attorneys fees (notice of intent to collect attorneys 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 2006-28CB) As Attorney-in-Fact for TOMMY R. BENNETT JR PAULA S. BENNETT Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 23667 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 6-10,17,24:7-1
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