L Notice of Sale Under Power. State of Georgia, County of SPALDING. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DEREK DUFFEY AND JENNIFER DUFFEY AND A/K/A JENNIFER DENISE SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR FIRST RESIDENTIAL MORTGAGE NETWORK, INC. , dated 08/04/2005, and , SPALDING County, Georgia records, as last assigned 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 2005-11, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $160,650.00, 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 SPALDING County Courthouse within the legal hours of sale on the first Tuesday in August, 2012, the following described property: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF SPALDING IN THE STATE OF GEORGIA TO WIT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 78 AND 79 OF THE 4TH LAND DISTRICT OF SPALDING COUNTY, GEORGIA AND BEING 2.0 ACRES, MORE OR LESS, AS SHOWN ON THAT SURVEY FOR BRUCE WILLIAM SMITH DATED NOVEMBER 12, 2001 BY CONKLE-LANE AND ASSOCIATES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF JIM GOODSON ROAD (60 FOOT RIGHT OF WAY) WITH THIS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY OF VAUGHN SCHOOL ROAD; THENCE ALONG JIM GOODSON ROAD NORTH 29 DEGREES 28 MINUTES 42 SECONDS WEST 112.65 FEET TO A POINT; THENCE ALONG THE CURVE OF SAID RIGHT OF WAY AN ARC DISTANCE OF 416.62 (SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 21 DEGREES 27 MINUTES 02 SECONDS WEST) TO A POINT AND THE TRUE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 29 MINUTES 26 SECONDS WEST 196.82 FEET TO A POINT; THENCE NORTH 03 DEGREES 49 MINUTES 41 SECONDS WEST 46.61 FEET TO A POINT; THENCE LEAVING SAID RIGHT OF WAY NORTH 80 DEGREES 38 MINUTES 03 SECONDS EAST 301.21 FEET T O A POINT; THENCE SOUTH 19 DEGREES 42 MINUTES 00 SECONDS EAST 281.16 FEET TO A POINT; THENCE SOUTH 85 DEGREES 53 MINUTES 06 SECONDS WEST 367.56 FEET TO A POINT AND THE TRUE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO JENNIFER DUFFEY AND DEREK DUFFEY, BY QUIT-CLAIM DEED DATED MARCH 3, 2004, OF RECORD IN DEED BOOK 2455, PAGE 321, IN THE SPALDING COUNTY, GEORGIA RECORDS. ALSO, BEING THE SAME PROPERTY PREVIOUSLY CONVEYED TO JENNIFER SMITH AND DEREK DUFFEY AKA DEREK DUFFEY, BY WARRANTY DEED, DATED NOVEMBER 9, 2001, OF RECORD IN BOOK 1992, PAGE 272, IN THE OFFICE AFORESAID. BEING THE SAME PROPERTY COMMONLY KNOWN AS : 595 JIM GOODSON ROAD, GRIFFIN, GEORGIA 30223 TAX ID NO.: 261-01066A 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. Because the debt remains 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). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-0102. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 595 JIM GOODSON RD, GRIFFIN, GEORGIA 30223 is/are: DEREK DUFFEY AND JENNIFER DUFFEY AND A/K/A JENNIFER DENISE SMITH 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 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 FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-11 as Attorney in Fact for DEREK DUFFEY AND JENNIFER DUFFEY AND A/K/A JENNIFER DENISE SMITH. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031402091 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. July 13, 20, 27, & August 3, 2012.