The Times-Herald
Coweta County

NOTICE OF SALE UNDER POWER
Aug 08, 2012 | 51 views | email to a friend | print

NOTICE OF SALE UNDER POWER State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DOUGLAS ALLEN DAVENPORT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR QUICKEN LOANS INC. , dated 03/31/2008, and Recorded on 04/09/2008 as Book No. 3334 and Page No. 244-252, COWETA 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 $109,417.00, 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 COWETA County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property: TAX ID NUMBER(S): 092-2263-009 LAND SITUATED IN THE COUNTY OF COWETA IN THE STATE OF GA ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 263 OF THE SECOND LAND DISTRICT, COWETA COUNTY, GEORGIA, AND BEING MORE PARTICULARLY IDENTIFIED ON PLAT OF PROPERTY DATED 06-13-95 PREPARED BY JOHN R. CHRISTOPHER, GEORGIA REGISTERED LAND SURVEYOR FOR HEATHER CRANFORD, SAID PLAT OF RECORD IN PLAT BOOK 60, PAGE 108, OFFICE OF THE CLERK, COWETA COUNTY SUPERIOR COURT, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF THE TRACT HEREIN CONVEYED. SAID TRACT IS DESCRIBED ACCORDING TO SAID PLAT AS FOLLOWS: BEGIN AT A POINT LOCATED ON THE NORTH RIGHT OF WAY OF BRADBURY ROAD, SAID POINT BEING 434.69 FEET EAST OF THE POINT OF INTERSECTION OF THE CENTER LINE OF THE COUNTY LINE ROAD AND THE NORTH RIGHT OF WAY OF BRADBURY ROAD, ALL AS MEASURED ALONG THE NORTH RIGHT OF WAY OF BRADBURY ROAD AND FROM SAID BEGINNING POINT RUN THENCE NORTH 03 DEGREES 16 MINUTES 00 SECONDS WEST 307.50 FEET TO A POINT; THENCE RUN NORTH 89 DEGREES 22 MINUTES 00 SECONDS EAST 194.89 FEET TO A POINT; THENCE RUN SOUTH 03 DEGREES 16 MINUTES 00 SECONDS EAST 306.40 FEET TO A POINT LOCATED ON THE NORTH RIGHT OF WAY OF BRADBURY ROAD; THENCE RUN ALONG SAID RIGHT OF WAY NORTH 89 DEGREES 22 MINUTES 00 SECONDS WEST 134 FEET TO A POINT LOCATED ON SAID RIGHT OF WAY; THENCE CONTINUE ALONG SAID RIGHT OF WAY SOUTH 85 DEGREES 33 MINUTES 00 SECONDS WEST 61.01 FEET TO THE POINT OF BEGINNING. COMMONLY KNOWN AS: 805 BRADBURY RD, GRANTVILLE, GA 30220 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 805 BRADBURY RD, GRANTVILLE, GEORGIA 30220 is/are: DOUGLAS ALLEN DAVENPORT 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 DOUGLAS ALLEN DAVENPORT. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031402221 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. No. 54623-8-9-16-23-30
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