GPN11 NOTICE OF SALE UNDER POWER GEORGIA, APPLING COUNTY THIS LAW FIRM IS ...

Under and by virtue of the Power of Sale contained in a Security Deed given by Joe Sannutti and Debra L. Sannutti to Mortgage Electronic Registration Systems, Inc. as nominee for Full Spectrum Lending, Inc., dated October 15, 2003, recorded in Deed Book 383, Page 324, Appling County, Georgia Records, as last transferred to The Bank of New York Mellon FKA The Bank of New York not in its individual capacity but solely as Trustee for the benefit of the CertificateHolders of the CWABS, Inc., Asset-Backed Certificates, Series 2004-02 by assignment recorded in Deed Book 478, Page 79, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-SEVEN THOUSAND AND 0/100 DOLLARS ($177,000.00), 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 October, 2013, the following described property: All that certain Lot, Tract or Parcel of land located in Land Lot 244, 2nd Land District, of Appling County, Georgia, consisting of 2.428 acres and being more particularly described by that certain plat of survey by M. Jerry Tomberlin, Jr., GA.R.L.S, 2942, having a date of 01/16/12 as follows: TRACT 1: To find the point of beginning: Proceed from a 2.5" pipe as the southeast corner of Land Lot 244 south 89 degrees 46 minutes 20 seconds west a distance of 3,576.36 ft. to an iron pin, thence south 89 degrees 46 minutes 20 seconds west a distance of 27.76 ft. to the point of beginning, thence south 89 degrees 46 minutes 20 seconds west a distance of 268.70 ft. to an iron pin, thence north 35 degrees 10 minutes 32 seconds east a distance of 19.28 ft. to a point, thence north 35 degrees 10 minutes 32 seconds east a distance of 250.53 ft. to a point, thence north 35 degrees 10 minutes 32 seconds east a distance of 58.59 ft. to an iron pin, thence south 49 degrees 23 minutes 00 degrees east a distance of 100.75 ft. to an iron pin, thence south 00 degrees 51 minutes 42 seconds east a distance of 74.14 ft. to an iron pin, thence south 00 degrees 51 minutes 42 seconds east a distance of 111.91 ft. to a point, thence south 00 degrees 51minutes 42 seconds east a distance of 15.74 ft. back to the point of beginning. TRACT 2: To find the point of beginning: Proceed from a 2.5" pipe as the southeast corner of Land Lot 244 south 89 degrees 46 minutes 20 seconds west a distance of 3,576.36 ft. to an iron pin, thence south 89 degrees 46 minutes 20 seconds west a distance of 27.76 ft. to an iron pin, thence south 89 degrees 46 minutes 20 seconds west a distance of 268.70 ft. to an iron pin, thence north 35 degrees 10 minutes 32 seconds east a distance of 19.28 ft. to the point of beginning, thence south 89 degrees 45 minutes 55 seconds west a distance of 190.68 ft. to an iron pin, thence north 00 degrees 30 minutes 23 seconds west a distance of 245.05 ft. to an iron pin, thence south 83 degrees 29 minutes 39 seconds east a distance of 209.59 ft. to an iron pin, thence south 83 degrees 02 minutes 36 seconds east a distance of 11.51 ft. to an iron pin, thence south 83 degrees 02 minutes 36 seconds east a distance of 118.38 ft. to a point, thence south 35 degrees 10 minutes 32 seconds west a distance of 250.53 ft. back to the point of beginning. TRACT 3: To find the point of beginning: Proceed from a 2.5" pipe as the southeast corner of Land Lot 244 south 89 degrees 46 minutes 20 seconds west a distance of 3,576.36 ft. to an iron pin, thence north 13 degrees 05 minutes 52 seconds west a distance of 16.15 ft. to the point of beginning, thence south 89 degrees 45 minutes 55 seconds west a distance of 24.34 ft. to a point, thence north 00 degrees 51 minutes 42 seconds west a distance of 111.91 ft. to an iron pin, thence south 13 degrees 29 minutes 00 seconds east a distance of 1.33 ft. to an iron pin, thence south 13 degrees 05 minutes 52 seconds east a distance of 113.45 ft. back to the point of beginning. 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). Bank of America, N.A. holds the Note and Security Deed to the above-referenced property and services the above-referenced loan on behalf of the current owner of the loan: The Bank of New York Mellon FKA The Bank of New York not in its individual capacity but solely as Trustee for the benefit of the CertificateHolders of the CWABS, Inc., Asset-Backed Certificates, Series 2004-02. Bank of America, N.A. can be contacted at (661) 951-5100 or by writing to 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, to discuss possible alternatives to foreclosure, and has the authority to negotiate, amend or modify the terms of the loan. 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Debra L. Sannutti and Joseph H. Sannutti or a tenant or tenants and said property is more commonly known as 178 Jessica Lane, 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.
The Bank of New York Mellon FKA The Bank of New York not in its individual capacity but solely as Trustee for the benefit of the CertificateHolders of the CWABS, Inc., Asset-Backed Certificates, Series 2004-02 as Attorney in Fact for Joe Sannutti and Debra L. Sannutti
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com
MSP/mc9
10/1/13
Our file no. 1775610-FT19
9-4, 9-11, 9-18 & 9-25ch