Notice of Sale Under Power.
State of Georgia,
County of TIFT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOPE W BALDWIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP. , dated 05/29/2007, and Recorded on 06/04/2007 as Book No. 1352 and Page No. 278, TIFT County, Georgia records, as last assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $75,810.00, 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 TIFT County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND BEING 2.00 ACRES IN LAND LOTS 481 AND 482 IN THE 6TH LAND DISTRICT IN TIFT COUNTY, GEORGIA DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST LINE OF LAND LOT 481, WHICH IS THE EAST LINE OF LAND LOT 482, WITH THE WEST RIGHT OF WAY LINE OF TY TY-SPARKS ROAD; THENCE SOUTH 0 DEGREES 9' 54" EAST 273.59 FEET; THENCE SOUTH 16 DEGREES 04' 49" EAST 273.71 FEET; THENCE SOUTH 86 DEGREES 34' 25" WEST 81.22 FEET; THENCE NORTH 35 DEGREES 34' 24" WEST 473.07 FEET; THENCE NORTH 60 DEGREES 44' 36" EAST 320.56 FEET TO THE POINT OF BEGINNING, SUCH TRACT IS SHOWN UPON A PLAT OF SURVEY ENTITLED "SURVEY FOR BOBBY OWENS" MADE BY GIBBS & HARPER SURVEYING CO. RECORDED IN PLAT BOOK 18, PAGE 199, PUBLIC RECORDS, TIFT COUNTY, GEORGIA, AND INCORPORATED HEREIN BY REFERENCE.
ALSO CONVEYED HEREWITH IS A PERPETUAL EASEMENT FOR INGRESS AND EGRESS FROM TY TY-SPARKS ROAD TO THE ABOVE-DESCRIBED PROPERTY AS SHOWN ON THE ABOVE-REFERENCED PLAT.
ALSO CONVEYED HEREWITH IS ONE 1988 SUMMIT MOBILE HOME, 24X66, SERIAL NO. H48854GLR, WHICH HAS BEEN PERMANENTLY AFFIXED TO THE ABOVE-DESCRIBED PROPERTY.
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 attorneys fees (notice of intent to collect attorneys 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 1916 TYTY SPARKS ROAD, OMEGA, GEORGIA 31775 is/are: HOPE W BALDWIN 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. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for HOPE W BALDWIN.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.