NOTICE OF SALE UNDER POWER
GEORGIA, TERRELL COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from KENNEDY D. WEST to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., dated November 21, 2007, recorded November 28, 2007, in Deed Book 8-T, Page 126, Terrell County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Ninety-Nine Thousand Two Hundred Forty-Two and 00/100 dollars ($99,242.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Terrell 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, INCLUDING ALL IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF DAWSON, TERRELL COUNTY, GEORGIA, AND BEING A PORTION OF LOT NO. 1, IN BLOCK 222, AND LOT NO. 2, IN BLOCK 226 ACCORDING TO THE MAP OF SAID CITY BY MARBURY AND WRIGHT AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE CENTERLINE EXTENSION OF EAST JOHNSON STREET AND THE EAST RIGHT OF WAY OF PECAN STREET IN SAID CITY; THENCE GO ALONG SAID EAST RIGHT OF WAY OF SAID PECAN STREET SOUTH 01 DEGREE 00 MINUTES WEST FOR A DISTANCE OF 210 FEET TO AN IRON STOB AND THE POINT OF BEGINNING; THENCE GO SOUTH 89 DEGREES 15 MINUTES EAST 212.79 FEET TO AN IRON STOB; THENCE GO SOUTH 02 DEGREES 00 MINUTES WEST FOR A DISTANCE OF 141.53 FEET TO AN IRON STOB; THENCE GO SOUTH 79 DEGREES 10 MINUTES WEST FOR A DISTANCE OF 214.9 FEET TO AN IRON STOB ON THE EAST RIGHT OF WAY OF PECAN STREET; THENCE GO NORTH ALONG THE EAST RIGHT OF WAY OF SAID PECAN STREET NORTH 01 DEGREE 00 MINUTES EAST 184.68 FEET TO THE POINT OF BEGINNING.
Said legal description being controlling, however the property is more commonly known as 252 PECAN STREET, DAWSON, GA 39842.
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 KENNEDY D. WEST, 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.
as Attorney in Fact for
KENNEDY D. WEST
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-12-09275-0004
Ad Run Dates 11/08/2012, 11/15/2012, 11/22/2012, 11/29/2012