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