NOTICE OF SALE UNDER POWER. STATE OF GEORGIA, COUNTY OF PUTNAM.
NOTICE OF SALE
STATE OF GEORGIA,
COUNTY OF PUTNAM.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by RACHEL KNEIP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR "HOME AMERICA MORTGAGE, INC." , dated 09/26/2008, and Recorded on 09/30/2008 as Book No. 650 and Page No. 156-167, PUTNAM 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 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $77,456.00, 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 PUTNAM County Courthouse within the legal hours of sale on the first Tuesday in March, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 2ND LAND DISTRICT, 307TH GMD, PUTNAM COUNTY, GEORGIA, DESCRIBED AS LOT 35-3, CONTAINING 2.33 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED BY THAT PLAT OF RECORD, RECORDED IN PLAT BOOK 8, PAGE 137, PUTNAM COUNTY LAND RECORDS. SAID PLAT OF SURVEY AND RECORD THEREOF ARE BY REFERENCE MADE A PART HEREOF FOR A MORE ACCURATE DESCRIPTION OF SAID PROPERTY.
THIS IS THE SAME PROPERTY CONVEYED BY WARRANTY DEED FROM CLASSIC CITY HOUSING TO JAMES BELLOWS DATED FEBRUARY 28, 2002, RECORDED IN DEED BOOK 364, PAGES 702-703, SAID RECORDS.
1) TERMS, CONDITION AND RESTRICTIONS AS SET OUT IN THAT CERTAIN WARRANTY DEED FROM OWENS-ILLINOIS DEVELOPMENT CORPORATION TO LEROY H. NILES DATED JANUARY 19, 1978, SAID RECORDS.
2) PROCTECTIVE COVENANTS DATED MAY 25, 1976, RECORDED IN DEED BOOK 4-K, PAGES 159-163, AS MAY BE AMENDED OF RECORD, SAID RECORDS.
3) RIGHT-OF-WAY EASEMENT IN FAVOR OF TRI-COUNTY ELECTRIC MEMBERSHIP CORPORATION DATED JANUARY 31, 2002, RECORDED IN DEED BOOK 366, PAGE 477, SAID RECORDS.
4) EASEMENTS, RIGHTS-OF-WAY, SURVEYS, PROTECTIVE COVENANTS, LIMITATIONS AND RESTRICTIONS AFFECTING SAID PROPERTY OF RECORD, SAID RECORDS.
THERE IS LOCATED ON THE PROPERTY HEREINABOVE DESCRIBED AND CONVEYED A MANUFACTURED HOME MORE PARTICULARLY DESCRIBED AS A 2002 HORTON, 27 X 62, SERIAL NUMBER H816585GL&RAND BY AGREEMENT OF THE PARTIES HERETO, IS AFFIXED TO THE ABOVE DESCRIBED LAND IN SUCH A MANNER AS TO CONSTITUTE A FIXTURE PURSUANT TO O.C.G.A. 44-1-6(A), AS AMENDED, AND HAS AS OF THE DATE HEREOF BECOME A PART OF THE REAL PROPERTY HEREIN DESCRIBED. ACCORDINGLY, SAID HOME IS TO BE TREATED AND TAXED AS AN IMPROVEMENT TO REAL PROPERTY FOR AD VALOREM TAX PURPOSES AND THE OWNER THEREOF AGREES TO APPLY FOR HOMESTEAD EXEMPTION OR TAKE OTHER APPLICABLE STEPS TO ENSURE TAXATION OF SAID HOME AS REAL PROPERTY AT THE EARLIEST POSSIBLE DATE UNDER THE LAWS OF THE STATE OF GEORGIA. IT BEING THE UNCONDITIONAL AND ABSOLUTE INTENTION THAT THE MANUFACTURED HOUSING AS LAST DESCRIBED SHALL REMAIN PERMANENTLY ATTACHED IN ITS PLACE ON THE REALTY AS HERINABOVE DESCRIBED.
NOTE: THE ABOVE REFERENCED MANUFACTURED HOME WILL BE CONVERTED TO AND TAXED AS REAL PROPERTY BY FILING FORM T-234 WITH THE ABOVE REFERENCE COUNTY'S CLERK OF SUPERIOR COURT WITH THE ORIGINAL CERTIFICATE OF TITLE OR MANUFACTURED STATEMENT OF ORIGIN, AS THE CASE MAY BE, FORWARDED TO THE GEORGIA DEPARTMENT OF MOTOR VEHICLES FOR RETIREMENT.
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).
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS
SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan.
Pursuant to O.C.G.A. 44-14-162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, 7105 CORPORATE, PLANO, TX 75024, 800-669-6650.
Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 118 N STEEL BRIDGE ROAD, EATONTON, GEORGIA 31024 is/are: RACHEL KNEIP 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
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.