NOTICE OF SALE UNDER POWER
GEORGIA, GREENE COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from TERESA WALCZYK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN MORTGAGE EXPRESS CORP., dated July 25, 2005, recorded July 28, 2005, in Deed Book 803, Page 587-601, Greene County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Three Hundred Sixty-Seven Thousand Two Hundred and 00/100 dollars ($367,200.00), 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 CWALT, INC., ALTERNATIVE LOAN TRUST2005-J10, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-J10, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Greene County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012, all property described in said Security Deed including but not limited to the following described property:
ALL THAT CERTAIN LOT OF PARCEL OF LAND LYING AND BEING IN THE 161ST DISTRICT, G.M. OF GREENE COUNTY, GEORGIA, BEING DESIGNATED AS LOT 52 BENNETT SPRINGS, PHASE I, SECTION I, CONTAINING 0.72 ACRES, MORE OR LESS, AS SHOWN ON THAT CERTAIN PLAT OF SURVEY PREPARED BY AYER, GRAHAM & ASSOCIATES, INC. AND CERTIFIED BY THOMAS M. GRAHAM, JR., REGISTERED SURVEYOR # 1880 DATED OCTOBER 10, 1986 AND REVISED APRIL 9, 1987 AND JUNE 10, 1987 AND RECORDED IN PLAT BOOK 15, PAGE 24, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GREENE COUNTY, GEORGIA, WHICH SAID PLAT AND THE RECORD THEREOF ARE HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE.
DEED REFERENCE: DEED BOOK 718, PAGE 50. MAP AND PARCEL NO. 59A-163
Said legal description being controlling, however the property is more commonly known as 1171 TIMOTHY ROAD, GREENSBORO, GA 30642.
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 TERESA WALCZYK, HENRY WALCZYK, 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:
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST2005-J10, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-J10
as Attorney in Fact for
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.
Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 400, Norcross, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-12-02673-0004