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 EMMIE S BECKOM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR SYNOVUS MORTGAGE CORP , dated 01/04/2002, and Recorded on 01/10/2002 as Book No. 1819 and Page No. 0416, COWETA 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 CWMBS REPERFORMING LOAN REMIC TRUST, CERTIFICATES, SERIES 2005-R1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $98,942.00, 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: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 65 OF THE 2ND LAND DISTRICT OF COWETA COUNTY, GEORGIA, BEING IDENTIFIED AS TRACT 2, CONSISITING OF 0.28 ACRES, ALL AS SHOWN BY PLAT OF SURVEY FOR EMMIE S. BECKOM BY DON A. SMITH, RESTORED LAND SURVEYOR, DATED 7/26/99 AND RECORDED IN PLAT BOOK 70, PAGE 3, OFFICE OF THE CLERK OF THE SUPERIOR COURT, COWETA COUNTY, GEORGIA, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID TRACT. ALSO CONVEYED: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 65 OF THE 2ND LAND DISTRICT OF COWETA COUNTY, GEORGIA, BEING IDENTIFIED AS TRACT 1, CONSISTING OF 1.72 ACRES ALL AS SHOWN BY PLAT OF SURVEY FOR EMMIE S. BECKOM BY DON A. SMITH, REGISTERED LAND SURVEYOR, DATED 7/26/99 AND RECORDED IN PLAT BOOK 70, PAGE 3, OFFICE OF THE CLERK SUPERIOR COURT, COWETA COUNTY, GEORGIA, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID TRACT. GRANTOR HEREIN SPECIFICALLY RESERVES AN EASMENT FOR USE, MAINTENANCE AND OPERATION OF THE WELL ON SUBJECT PROPERTY, REFERENCE TO THE ABOVE-REFERENCED PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID EASEMENT. 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 2898 MARTIN MILL ROAD, NEWNAN, GEORGIA 30263 is/are: EMMIE S BECKOM 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 CWMBS REPERFORMING LOAN REMIC TRUST, CERTIFICATES, SERIES 2005-R1 as Attorney in Fact for EMMIE S BECKOM. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031404404 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. No. 54624-8-9-16-23-30
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