NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in a Deed to Secure Debt by ROBIN T LATAWIECA/K/A ROBIN LATAWIEC to Bank of America, N.A., dated March 25, 2004 and filed for record April 2, 2004 in Deed Book 7349, Page 269, As supplemented by that certain Scriveners Affidavit, filed October 26, 2012 in Deed Book 10723, Page 221, Muscogee County, Georgia records, and securing a Note in the original principal amount of $40,000.00; last transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Alternative Loan Trust 2004-5, Mortgage Pass-Through Certificates, Series 2004-5 by Assignment, filed for record in Deed Book 10058, Page 160, Muscogee County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Muscogee County, Georgia, between the legal hours of sale on the first Wednesday in January, 2013, by Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Alternative Loan Trust 2004-5, Mortgage Pass-Through Certificates, Series 2004-5 as Attorney-in-Fact for ROBIN T LATAWIECA/K/A ROBIN LATAWIEC the following property to-wit: All that tract or parcel of land situate, lying and being in Muscogee County, Georgia, and being known and designated as PART OF LOTS NUMBERED EIGHT (8) and NINE (9), in BLOCK NUMBERED EIGHT (8) of the SHARPE & HORNE SUBDIVISION OF NORTH HIGHLAND PARK, a map or plat of which said subdivision is recorded in Deed Book 1, Page 454, of the records in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, and contained within the following metes and bounds to wit: COMMENCING at an iron on the west side of Third Avenue 188 feet, more or less, south of the southwest corner of the intersection of Third Avenue and Forty-Third Street; thence westerly a distance of 176 feet to an iron; thence South a distance of 42 feet to an iron; thence easterly a distance of 176 feet to an iron on the West side of Third Avenue; thence northerly along the west side of Third Avenue a distance of 42 feet to the point of beginning. The foregoing land is designated as Parcel "8" on that certain map or plat recorded in Plat Book 3, Folio 54, aforesaid records. Situated upon said property is dwelling numbered 4239 Third Avenue, according to the present system of numbering houses in Columbus, Muscogee County, Georgia. This conveyance is hereby made subject to any and all zoning ordinances, restrictions, easements and restrictive covenants of record or in actual existence upon the above described property The above described property is also known as 4239 3RD AVENUE, COLUMBUS, GA 31904-6416.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees, if applicable. The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Bank of America, N.A. Home Loan Assistance Dept 7105 Corporate Drive Plano, TX 75024 1-800-669-6650 The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require Bank of America, N.A. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Alternative Loan Trust 2004-5, Mortgage Pass-Through Certificates, Series 2004-5 as Attorney-in-Fact for ROBIN T LATAWIECA/K/A ROBIN LATAWIEC SHUPING, MORSE & ROSS, L.L.P. By: S. Andrew Shuping, Jr. 6259 Riverdale Road, Suite 100 Riverdale, GA 30274 770-991-0000 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Publication dates: 12/04/2012, 12/11/2012, 12/18/2012, 12/25/2012. Pub:Nov.6,13,20&27,2012(2493139)