STATE OF GEORGIA
COUNTY OF THOMAS
NOTICE OF SALE
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Connie F. Tucker and Melissa J. Smith to Mortgage Electronic Registration Systems, Inc. dated April 11, 2008, and recorded in Deed Book 1488, Page 313, and Deed Book 1660, Page 41, Thomas County Records, said Security Deed having been last sold, assigned, transferred and conveyed to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by Assignment, securing a Note in the original principal amount of $43,391.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 7, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situated, lying and being in Land Lot Number 124 of the 13th Land District of Thomas County, Georgia and being more particularly described as Lot 45 in Block A of Foxcroft Subdivision as shown an a plat of survey prepared by Barbara L. Herring, Georgia Registered Surveyor No. 2785 dated March 10, 2005, revised May 16, 2005 and recorded in Plat Book 8, Folio 536 of the deed records of Thomas County, Georgia, which plat by reference is incorporated herein for a more particular metes and bounds description of said property.Subject to that certain Declaration of Restrictive Covenants recorded in Deed Book 195, Pages 279-282, deed records of Thomas County, Georgia.
Said property is known as 1001 Foxcroft Drive, Thomasville, GA 31757, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to 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, any matters which might be disclosed by an accurate survey and inspection of the property, 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 (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.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed.
The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Connie F. Tucker and Melissa J. Smith or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 Connie F. Tucker and Melissa J. Smith
File no. 09-014465
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd.,
Duke Building, Suite 100
Atlanta, GA 30341-3941
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.