Under and by virtue of the Power of Sale contained in a Security Deed given by William H Smith and Sandra Smith to Mortgage Electronic Registration Systems, Inc., dated July 24, 2007, recorded in Deed Book 434, Page 512, Appling County, Georgia Records, as last transferred to Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, fka Countrywide Home Loans Servicing, LP by assignment recorded in Deed Book 481, Page 142, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND AND 0/100 DOLLARS ($126,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Appling County, Georgia within the legal hours of sale on the first Tuesday in December, 2012, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney?s fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP is the holder of the Note and Security Deed to the property in accordance with OCGA § 44-14-162.2.
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., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. To the best knowledge and belief of the undersigned, the party in possession of the property is William H Smith and Sandra Smith or a tenant or tenants and said property is more commonly known as 285 Gail Street, Baxley, Georgia 31513.
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. This law firm is seeking solely to foreclose the creditor?s lien on real estate and this law firm will not be seeking a personal money judgment against you.
Bank of America, N.A., successor by merger to BAC Home Loans, Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP as Attorney in Fact for William H Smith and Sandra Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
Our file no. 5855812-FT14
EXHIBIT "A" All of the following described property, to wit: All that tract or parcel of land lying and being in Land Lot No. 283 of the Second Land District of Appling County, Georgia, and being more particularly described as follows: Commencing at the intersection of the easterly right of way of Gail Street (55' R/ W) with the southerly right of way of Second Avenue (55'R/W) and from said point run South 32 degrees 20 minutes East a distance of 140 feet to the Point of Beginning. Thence North 57 degrees 40 minutes East a distance of 200 feet to a point; thence South 32 degrees 20 minutes East a distance of 140 feet to a point; thence South 57 degrees 40 minutes West a distance of 200 feet to a point located on the easterly right of way of Gail Street; thence North 32 degrees 20 minutes West along and with said right of way a distance of 140 feet to the Point Of Beginning. This property being now or formerly bound as follows: North by lands of Curtis M. Smith and Dinah S. Smith; East by lands of E.C. Reeves; South by lands of Earl Griffis; and West by Gail Street. This description according to a survey and plat thereof by Denean W. Dixon, G.R.L.S. No 1647, dated April 6, 1998, recorded in the office of the Clerk of Superior Court, Appling County, Georgia, Plat Book 14, page 423. Said plat is incorporated herein by reference for a more full and complete description and all other legal purposes. Parcel Number J002-055
Our file no. 5855812 - FT14
11-7, 11-14, 11-21 & 11-28ch
gpn11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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