NOTICE OF SALE UNDER POWER
GEORGIA, WAYNE COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from DAVID WESLEY COLLINS AND CANDICE S. COLLINS AKA CANDACE S. COLLINS to Mortgage Electronic Registration Systems, Inc., as nominee for PRIME SOUTH MORTGAGE, dated November 22, 2006, recorded November 28, 2006, in Deed Book 32-W, Page 103-120, Wayne County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Sixty-One Thousand Five Hundred and 00/100 dollars ($161,500.00), 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 Wayne County, Georgia, within the legal hours of sale on the first Tuesday in February, 2013, all property described in said Security Deed including but not limited to the following described property:
ALL OF THOSE CERTAIN LOTS OR PARCELS OF LAND SITUATE LYING AND BEING IN THE LAND LOT NUMBER 99 OF THE THIRD LAND DISTRICT OF WAYNE COUNTY, GEORGIA AND BEING DESIGNATED AS LOT 16, CONTAINING 0.75 ACRE AND LOT 17, CONTAINING 0.69 ACRE OF ALTAMAHA ACRES, AS
SHOWN AND DELINEATED ON THAT CERTAIN PLAT PREPARED BY JOE P. DAVIS, GEORGIA R.L.S. NUMBER 1436, DATE OCTOBER 1977 AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, WAYNE COUNTY, GEORGIA IN PLAT BOOK 8, FOLIO 66. REFERENCE IS HEREBY MADE TO SAID PLAT AND THE RECORD THEREOF FOR ALL PURPOSES OF DESCRIPTION. PROVIDED HOWEVER, SAID PROPERTY BEING CONVEYED SUBJECT TO THOSE CERTAIN RESTRICTIVE COVENANTS APPLICABLE TO ALTAMAHA ACRES DATED JUNE 29,1978 AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, WAYNE COUNTY, GEORGIA IN DEED BOOK 182, PAGE 221-2. THIS BEING THE SAME PROPERTY CONVEYED FROM JANICE RYAN AND OUIDA ROBINSON TO DAVID
E. COLLINS AND BETTY L. COLLINS BY DEED DATED MAY 12,2006 AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, WAYNE COUNTY, GEORGIA IN DEED BOOK 483, PAGE 315.
Said legal description being controlling, however the property is more commonly known as 442 ALTAMAHA ROAD, JESUP, GA 31545.
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 DAVID WESLEY COLLINS AND CANDICE S. COLLINS AKA CANDACE S. COLLINS, 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.
Bank of America, N.A., holds the duly endorsed Note and is the current assignee of the Security Deed to your property. Bank of America, N.A., acting on behalf of and, as necessary, in consultation with Federal National Mortgage Association (the current investor on your loan), is the entity with the full authority to negotiate, amend, and modify all terms of your loan. Pursuant to O.C.G.A. 44-14-162.2, you may contact Bank of America, N.A. at:
Bank of America, N.A.
Home Loan Assistance Dept
7105 Corporate Drive
Plano, TX 75024
Please note that, pursuant to O.C.G.A. 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan.
BANK OF AMERICA, N.A.
as Attorney in Fact for
DAVID WESLEY COLLINS AND CANDICE S. COLLINS AKA CANDACE S. COLLINS
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 150, Peachtree Corners, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-12-07210-0004
Run Dates: 1/9, 1/16, 1/23, 1/30