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WM8018 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF WALKER
Dec 05, 2012 | 194 views | email to a friend | print

WM8018

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF WALKER

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by AMANDA HALL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR FIRST FRANKLIN FINANCIAL CORP., AN OP. SUB. OF MLB&T CO., FSB, dated 05/31/2007, and Recorded on 06/01/2007 as Book No. 1495 and Page No. 56-72, WALKER County, Georgia records, as last assigned to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-5 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $88,200.00, 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 WALKER County Courthouse within the legal hours of sale on the first Wednesday in January, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN ORIGINAL LANE LOT NUMBER ELEVEN (11) IN THE NINTH (9TH) DISTRICT AND FOURTH (4TH) SECTION OF WALKER COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED ASL LOT SEVENTY-FOUR (74), ASTERWOOD SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF ADAMS ROAD AT THE SOUTHWEST CORNER OF LOT SEVENTY-FIVE (75); THENCE ALONG THE SOUTH LINE OF LOT SEVENTY-FIVE (75), IN AN EASTERLY DIRECTION 160 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION, 52.1 FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION 26.5 FEET TO A POINT; THENCE IN A SOUTHEASTERLY DIRECTION, 11.9 FEET TO THE NORTHEAST CORNER OF LOT SEVENTY-THREE (73); THENCE ALONG THE NORTH LINE OF LOT SEVENTY-THREE (73), IN A WESTERLY DIRECTION, 140.7 FEET TO A POINT; THENCE ALONG AND WITH ADAMS ROAD, IN A NORTHERLY DIRECTION, 75 FEET TO THE POINT OF BEGINNING.

BEING THE SAME PROPERTY CONVEYED TO AMANDA HALL BY DEED FROM, DAVID L. BOMAR SR. AND WIFE, EDNA KAY BOMAR WITH RIGHTS OF SURVIVORSHIP, DATED 01/28/2005 AND RECORDED IN BOOK 1307, PAGE 717, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WALKER COUNTY, GEORGIA.

FOR PRIOR REFERENCE: BEING THE SAME PROPERTY CONVEYED TO SARAH BELLE STANSELL BY DEED FROM MARY E. STANSELL, DATED 08/28/70 AND RECORDED IN BOOK 336, PAGE 180, IN THE SAID CLERK'S OFFICE COMMONLY KNOWN AS: 816 ASTERWOOD DRIVE, ROSSVILLE, GA 30741 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 s fees (notice of intent to collect attorney s fees having been given). U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-5 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-5 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, 7105 CORPORATE, PLANO, TX 75024, 800-669-6650. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 816 ASTERWOOD DR, ROSSVILLE, GEORGIA 30741 is/are: AMANDA HALL 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. U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-5 as Attorney in Fact for AMANDA HALL. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120031406594 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.

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