NOTICE OF SALE
GEORGIA, PUTNAM COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from DANA E. FOWLER AND THOMAS E. FOWLER to Mortgage Electronic Registration Systems, Inc. as a nominee for Countrywide Home Loans, Inc., dated July 29, 2005, recorded September 13, 2005, in Deed Book 518, Page 534-549, Putnam County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Fifty-Six Thousand Eight Hundred and 00/100 dollars ($156,800.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred 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, secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Putnam County, Georgia, within the legal hours of sale on the first Tuesday in March, 2013, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 4TH LAND DISTRICT, PUTNAM COUNTY, GEORGIA, AND BEING LOT 6 OF CEDAR COVE SUBDIVISION, UNIT THREE, ACCORDING TO PLAT DATED SEPTEMBER 21, 1979, RECORDED IN PLAT BOOK 12, PAGE 175, PUTNAM COUNTY, GEORGIA RECORDS, SAID PLAT INCORPORATED HERIN BY REFERENCE FOR FURTHER DESCRIPTION.
LESS AND EXCEPT THE 0.02 OF AN ACRE WELL SITE DESCRIBED IN A WARRANTY DEED FROM ANSLEY ENTERPRISES, INC., TO MCCANNON WELL COMPANY, DATED MAY 17, 1985, OF RECORD IN DEED BOOK 6-H, PAGE 549, CLERK`S OFFICE, PUTNAM SUPERIOR COURT.
Said legal description being controlling, however the property is more commonly known as 170 CEDAR COVE DR, BUCKHEAD, GA 30625.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is DANA E. FOWLER AND THOMAS E. FOWLER, DANA E. FOWLER AND THOMAS E. FOWLER, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Green Tree Servicing, LLC, Loss Mitigation Dept., 4250 North Freeway, Fort Worth, TX 76137, Telephone Number: 800-839-9188 for and on behalf of the secured creditor.
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
DANA E. FOWLER AND
THOMAS E. FOWLER
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin, LLC,
3740 Davinci Court, Suite 150,
Peachtree Corners, GA 30092
Case No. GGS-11-05352-0001
Ad Run Dates 02/07/2013, 02/14/2013, 02/21/2013, 02/28/2013