NOTICE OF SALE UNDER POWER
GEORGIA, OCONEE COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from MANDY MOORE AKA MANDY CASE, JOHN A. MOORE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated December 31, 2008, recorded January 13, 2009, in Deed Book 1001, Page 280, Oconee County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Seventy-Eight Thousand Two Hundred Thirty-Three and 00/100 dollars ($178,233.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Oconee County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012, 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 G.M.D. 239, OCONEE COUNTY, GEORGIA, BEING LOT 1, BLOCK B, BROOKSHIRE SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 35, PAGE 124-126, OCONEE COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS DESCRIPTION. SAID PROPERTY BEING KNOWN AS 1131 BROOKSHIRE COURT AKA 1051 BROOKSHIRE DRIVE ACCORDING TO THE PRESENT SYSTEM OF NUMBERING PROPERTY IN OCONEE COUNTY, GEORGIA.
Said legal description being controlling, however the property is more commonly known as 1051 BROOKSHIRE DRIVE, BOGART, GA 30622.
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 MANDY MOORE AKA MANDY CASE, JOHN A. MOORE, 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: Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024, Telephone Number: 800-720-3758 for and on behalf of the secured creditor.
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
MANDY MOORE AKA MANDY CASE, JOHN A. MOORE
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
Telephone Number: (877) 813-0992
Case No. BAC-12-07046-0003