The Union Recorder
Baldwin County

Notice of Sale Under
Aug 10, 2012 | 158 views | email to a friend | print

Notice of Sale Under

Power. State of

Georgia, County of

BALDWIN.

Under and by virtue of

the Power of Sale contained

in a Deed to Secure

Debt given by KELVIN

WILLIAMS to MORTGAGE

ELECTRONIC

REGISTRATION SYSTEMS,

INC. ("MERS") AS

NOMINEE FOR AMERICA'S

WHOLESALE

LENDER , dated

10/05/2006, and Recorded

on 10/06/2006 as

Book No. 854 and Page

No. 301-317, BALDWIN

County, Georgia records,

as last assigned 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

2006-21, by assignment,

conveying the after-described

property to secure

a Note of even date

in the original principal

amount of $120,800.00,

with interest at the rate

specified therein, there

will be sold by the undersigned

at public outcry to

the highest bidder for

cash at the BALDWIN

County Courthouse within

the legal hours of sale on

the first Tuesday in September,

2012, the following

described property:

ALL THAT TRACT OF

LAND, TOGETHER

WITH THE PERMANENT

IMPROVEMENTS LOCATED

THEREON, THE

SAME SITUATE, LYING

AND BEING IN THE

115TH GMD, BALDWIN

COUNTY, GEORGIA,

DESIGNATED AS ALL

OF LOT NUMBER

TWENTY-ONE (21), FOX

HOLLOW SUBDIVISION

AS IT APPEARS ON

PLAT PREPARED BY

J.E. SMITH, JR. DATED

MARCH 11, 1999, RECORDED

IN PLAT

BOOK 16, PAGES 17-21,

BALDWIN COUNTY

DEED RECORDS,

WHICH PLAT IS BY

THIS REFERENCE INCORPORATED

HEREIN.

THIS IS THE SAME

PROPERTY CONVEYED

TO KELVIN WILLIAMS

BY WARRANTY DEED

OF FOX HOLLOW DEVELOPMENT,

LLC

DATED AUGUST 8, 2006

AND RECORDED IN

DEED BOOK 844, PAGE

177.

SAID PROPERTY IS

CONVEYED SUBJECT

TO THE RESTRICTIVE

COVENANTS DATED

JUNE 10, 1999, RECORDED

IN DEED

BOOK 467, PAGE 378,

REVISED RESTRICTIVE

COVENANTS RECORDED

IN DEED

BOOK 479, PAGE 117;

AND MATTERS AS MAY

BE DISCLOSED ON THE

AFOREMENTIONED

SUBDIVISION PLAT.

The debt secured by said

Deed to Secure Debt 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 Deed to Secure

Debt. Because the

debt remains in default,

this sale will be made for

the purpose of paying the

same and all expenses of

this sale, as provided in

the Deed to Secure Debt

and by law, including attorney

fees (notice of intent

to collect attorney

fees having been given).

The entity that has full

authority to negotiate,

amend, and modify all

terms of the mortgage

with the debtor is: BANK

OF AMERICA, N.A., AS

SUCCESSOR BY

MERGER TO BAC

HOME LOANS SERVICING,

LP, PTX-C-32,

Foreclosure 7105 CORPORATE,

PLANO, TX

75024, 800-669-0102.

Please understand that

the secured creditor is

not required to negotiate,

amend, or modify the

terms of the mortgage instrument.

To the best

knowledge and belief of

the undersigned, the

party/parties in possession

of the subject property

known as 153 EBONY

LOUNGE RD,

M I L L E D G E V I L L E ,

GEORGIA 31061 is/are:

KELVIN WILLIAMS or

tenant/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) any matters

which might be disclosed

by an accurate survey

and inspection of the

property, and (c) all matters

of record superior to

the Deed to Secure Debt

first set out above, including,

but not limited to, assessments,

liens, encumbrances,

zoning ordinances,

easements, restrictions,

covenants, etc.

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 nonjudicial

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 in the preceding

paragraph. 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

2006-21 as Attorney in

Fact for KELVIN WILLIAMS.

THIS LAW FIRM

IS ACTING AS A DEBT

COLLECTOR ATTEMPTING

TO COLLECT A

DEBT. ANY INFORMATION

OBTAINED WILL

BE USED FOR THAT

P U R P O S E .

20120031402491 BARRETT

DAFFIN FRAPPIER

LEVINE & BLOCK,

LLP 15000 Surveyor

Boulevard Addison,

Texas 75001 Telephone:

(972) 341-5398.

08/10,17,24,31

00136073
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