NOTICE OF SALE
Pursuant to the Power of Sale contained in a Security Deed given by Eugene Kemp, Sr. and Maple Kemp to Branch Banking And Trust Co. dated 11/21/2006 and recorded in Deed Book 1355 Page 326, THOMAS County, Georgia records; as last transferred to The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2007-1 by Assignment filed for record in THOMAS County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 76,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of THOMAS County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012 (August 7, 2012), the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF THOMASVILLE, THOMAS COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE CORNER FORMED BY THE INTERSECTION OF THE NORTHEAST MARGIN OF NORTH DAWSON STREET WITH THE SOUTHEAST MARGIN OF EAST CALHOUN STREET AND RUN THENCE EAST ALONG THE SOUTHEAST MARGIN OF EAST CALHOUN STREET 265 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN CONVEYED.
FROM SAID POINT OF BEGINNING, RUN THENCE IN A SOUTHEASTERLY DIRECTION, PARALLEL WITH THE NORTHEAST MARGIN OF NORTH DAWSON STREET, 210 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION PARALLEL WITH THE SOUTHEAST MARGIN OF EAST CALHOUN STREET, 55 FEET TO A POINT; THENCE IN A NORTHWESTERLY DIRECTION PARALLEL WITH THE NORTHEAST MARGIN OF NORTH DAWSON STREET, 210 FEET TO A POINT LOCATED ON THE SOUTHEAST MARGIN OF EAST CALHOUN STREET; THENCE IN A WESTERLY DIRECTION ALONG THE SOUTHEAST MARGIN OF EAST CALHOUN STREET, 55 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN CONVEYED.
THERE IS LOCATED ON THE ABOVE-DESCRIBED PROPERTY A DWELLING KNOWN AS 326 EAST CALHOUN STREET ACCORDING TO THE PRESENT NUMBERING SYSTEM IN USE IN THE CITY OF THOMASVILLE, GEORGIA.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given).
Said property is commonly known as 326 E Calhoun Street, Thomasville, Georgia 31792 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Eugene Kemp, Sr. and Maple Kemp or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2007-1 as agent and Attorney in Fact for Eugene Kemp, Sr. and Maple Kemp
Aldridge Connors, LLP,
3575 Piedmont Road, N.E.,
Atlanta, Georgia 30305,
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1087-458