Notice Content
gpn11 Legal 154
Notice Of Sale Under Power
State of Georgia,
County of PIKE and UPSON.
PROPERTY LIES IN BOTH COUNTIES. PROPERTY TO BE SOLD IN PIKE COUNTY.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Jacqueline F Brown To Mortgage Electronic Registration Systems, Inc. (“MERSâ€), As Nominee For Countrywide Home Loans, Inc., dated 06/12/2003, and Recorded on 06/17/2003 as Book No. 459 and Page No. 130, Pike County, Georgia records, and recorded on 10/13/2014 at Book No. 1388, Page 39, Upson County, as last assigned to Bank Of America, N.A., Successor By Merger To BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing LP (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $78,993.00, 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 Pike County Courthouse within the legal hours of sale on the first Tuesday in August, 2015, the following described property:
All that tract or parcel of land containing 2.85 Acres, more or less, lying and being in land lot 97 of the 9th land district of pike county, georgia, and land lot 119 of the 15th land district of upson county, georgia, and being more particularly described as follows:
Beginning at that iron pin found on the northern side of Smyrna Church Road in Upson County, 907.50 Feet east of the west boundary of land lot 97, then commencing N 00 58' 44†W a distance of 682.49 Feet to an iron pin, then traveling S 53 30' 57†E a distance of 260.92 Feet to another pin, then traveling S 00 58' 44†E a distance of 518.75 Feet to another pin found on the northern side of Smyrna Church Road, then traveling along said northern side of Smyrna Church Road S 87 37' 47†W a distance of 207.16 Feet and back to the point of beginning.
Said property also being described as all that tract or parcel of land containing 2.85 Acres, more or less, lying and being in land lot 97 of the 9th land district of Pike County, Georgia, and land lot 119 of the 15th land district of Upson County, Georgia, and being more particularly shown and designated as tract 22.085 ± Ac. According to that certain plat of survey entitled “Property survey prepared for Bill Johnsonâ€, dated April 26, 1999, prepared by Steve J Reeves, Georgia registered land suveyor #2765, a copy of which said plat is recorded in plat book 15, page 145, clerk's office, superior court Pike County, Georgia and in plat book 23, page 220, clerk's office, superior court, Upson County and which said plats, together with the metes, bounds, and courses and distances as shown thereon with respect to the said 2.85 Acres, is by this reference incorporated herein in aid of this description as fully as if copied at length herein.
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. The debt remaining 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 attorney's fees (notice of intent to collect attorney's fees having been given).
Bank Of America, N.A., Successor By Merger To BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing LP 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., Successor By Merger To BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing LP (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. § 4414162.2, 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, 8006696650. Please note that, pursuant to O.C.G.A. § 4414162.2, 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 499 Smyrna Church Road, Molena, Georgia 30258 is/are: Jacqueline F Brown 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 913172.1, 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., Successor By Merger To BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing LP
as Attorney in Fact for
Jacqueline F Brown.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20120031405373
Barrett Daffin
Frappier Levine & Block, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 3415398
7/8, 15, 22, 29
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