LEGAL C12-092 NOTICE OF SALE UNDER POWER. STATE OF GEORGIA, COUNTY OF BLECKLEY.
NOTICE OF SALE UNDER POWER. STATE OF GEORGIA, COUNTY OF
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CHARLES EADY JR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR NEW PENN FINANCIAL, LLC , dated 02/05/2009, and Recorded on 02/20/2009 as Book No. 350 and Page No. 94-104, BLECKLEY County, Georgia records, as last assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $173,992.00, 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 BLECKLEY County Courthouse within the legal hours of sale on the first Tuesday in August, 2012, the following described property: THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT TRACT OF LAND IN LOT 174 OF THE 21ST LAND DISTRICT OF BLECKLEY COUNTY, GEORGIA, AND IN THE CITY OF COCHRAN, DESIGNATED AS LOT 15 OF BLOCK "C" OF SECTION ONE OF LAKE SHORE ESTATES SUBDIVISION AS SHOWN BY A PLAT OF SURVEY MADE BY JOHN W. DYE, SURVEYOR, DATED JULY 24, 1992, RECORDED IN PLAT BOOK 13, PAGE 170,
BLECKLEY COUNTY RECORDS, AND BEING BOUNDED AS FOLLOWS:
ON THE NORTH 100 FEET BY THE SOUTHERLY LINE OF LOT 21 OF SAID BLOCK "C", ON THE EAST BY 222.69 FEET BY THE WESTERLY LINE OF LOT 14 OF SAID BLOCK; ON THE SOUTH 160 FEET BY THE NORTHERLY LINE OF NORTH LAKE SHORE DRIVE; AND ON THE WEST 300 FEET BY THE EASTERLY MARGINS OF LOTS 16, 17, AND 18 OF SAID BLOCK "C". 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 1125 N LAKESHORE DR, COCHRAN, GEORGIA 31014 is/are: CHARLES EADY JR 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. 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 CHARLES EADY JR. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031402224 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.