Newspaper Page Text
Page 76C
The Champion Legal Section, Thursday, August 14, 2014 www.championnewspaper.com
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP may
be contacted at: BANK OF AMER
ICA, 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, pur
suant 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 be
lief of the undersigned, the
party/parties in possession of the
subject property known as 1942
DELANO DRIVE, ATLANTA, GEOR
GIA 30317 is/are: MATT B DAVIS 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 pay
able), (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, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited 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 regard
ing the rescission of judicial and non
judicial 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., SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP, FKA
COUNTRYWIDE HOME LOANS
SERVICING LP as Attorney in Fact
for MATT B DAVIS. THIS LAW FIRM
IS ACTING AS A DEBT COLLECT
OR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. ++00000004149118
DAVIS++ BARRETT DAFFIN FRAP-
PIER LEVINE & BLOCK, LLP 15000
Surveyor Boulevard Addison, Texas
75001 Telephone: (972) 341-5398.
420-361145 8/7,8/14,8/21,8/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by YAIR BOUHADANA to
BANK OF AMERICA, NA , dated
06/14/2007, and Recorded on
08/06/2007 as Book No. 20190 and
Page No. 553, DEKALB County,
Georgia records, as last assigned to
BANK OF AMERICA, N.A. (the Se
cured Creditor), by assignment, con
veying the after-described property to
secure a Note of even date in the ori
ginal principal amount of $60,000.00,
with interest at the rate specified
therein, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash at the
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in September, 2014, the fol
lowing described property: THE FOL
LOWING PROPERTY:
THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT(S) 203 OF DISTRICT 18,
DEKALB COUNTY, GEORGIA, BE
ING LOT(S) 7, BLOCK 1, 3200
CLAIRMONT NORTH SUBDIVISION,
AS PER PLAT RECORDED IN
DEKALB COUNTY, GEORGIA RE
CORDS.
BEING AND INTENDING TO DE
SCRIBE THE SAME PREMISES
CONVEYED IN A DEED RECOR
DED IN BOOK 11374, PAGE 384.
KNOWN AS: 3294 CLAIRMONT
NORTH NE
PARCEL: 18-203B-01-007 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 in
debtedness 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 Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
BANK OF AMERICA, N.A. holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. BANK OF AMERICA,
N.A., AS SUCCESSOR BY MER
GER TO BAC HOME LOANS SERVI
CING, LP, acting on behalf of and, as
necessary, in consultation with BANK
OF AMERICA, N.A. (the current in
vestor on the loan), is the entity with
the full authority to negotiate, amend,
and modify all terms of the loan. Pur
suant to O.C.G.A. § 44-14-162.2,
BANK OF AMERICA, N.A., AS SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP may
be contacted at: BANK OF AMER
ICA, 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, pur
suant 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 be
lief of the undersigned, the
party/parties in possession of the
subject property known as 3294
CLAIRMONT NORTH NE, AT
LANTA, GEORGIA 30329 is/are:
YAIR BOUHADANA or tenant/ten
ants. Said property will be sold sub
ject to (a) any outstanding ad valor
em taxes (including taxes which are a
lien, but not yet due and payable), (b)
any matters which might be dis
closed by an accurate survey and in
spection 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, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited 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 regard
ing the rescission of judicial and non
judicial 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. as Attor
ney in Fact for YAIR BOUHADANA.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++00000004515375
BOUHADANA++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341-
5398.
420-361146 8/7,8/14,8/21,8/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by AVIS Y BOOKER
AND MARQUEZ D ARMSTEAD to
MORTGAGE ELECTRONIC REGIS
TRATION SYSTEMS, INC. ("MERS")
AS NOMINEE FOR TAYLOR, BEAN
& WHITAKER MORTGAGE CORP.,
dated 07/11/2007, and Recorded on
07/17/2007 as Book No. 20138 and
Page No. 559, DEKALB County,
Georgia records, as last assigned to
BANK OF AMERICA, N.A. (the Se
cured Creditor), by assignment, con
veying the after-described property to
secure a Note of even date in the ori-
ginal principal amount of
$131,957.00, 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
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in September, 2014, the fol
lowing described property: ALL THAT
CERTAIN TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 61 OF THE 15TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 90, PLATINA PARK
TOWNHOUSES, UNIT FOUR, AS
PER PLAT RECORDED IN PLAT
BOOK 99, PAGE 68 DEKALB
COUNTY RECORDS. WHICH PLAT
IS INCORPORATED HEREIN BY
REFERENCE.
SUBJECT TO ALL EASEMENTS,
RESERVATIONS, COVENANTS,
CONDITIONS, AGREEMENTS OF
RECORD, IF ANY. The debt secured
by said Deed to Secure Debt has
been and is hereby declared due be
cause of, among other possible
events of default, failure to pay the in
debtedness 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 Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
BANK OF AMERICA, N.A. holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. BANK OF AMERICA,
N. A., AS SUCCESSOR BY MER
GER TO BAC HOME LOANS SERVI
CING, LP, acting on behalf of and, as
necessary, in consultation with BANK
OF AMERICA, N.A. (the current in
vestor on the loan), is the entity with
the full authority to negotiate, amend,
and modify all terms of the loan. Pur
suant to O.C.G.A. § 44-14-162.2,
BANK OF AMERICA, N.A., AS SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP may
be contacted at: BANK OF AMER
ICA, 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, pur
suant 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 be
lief of the undersigned, the
party/parties in possession of the
subject property known as 3499 LE
HIGH WAY, DECATUR, GEORGIA
30034 is/are: AVIS Y BOOKER AND
MARQUEZ D ARMSTEAD 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 pay
able), (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, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited 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 regard
ing the rescission of judicial and non
judicial 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. as Attor
ney in Fact for AVIS Y BOOKER
AND MARQUEZ D ARMSTEAD.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
++00000004535860 BOOKER++
BARRETT DAFFIN FRAPPIER LEV
INE & BLOCK, LLP 15000 Surveyor
Boulevard Addison, Texas 75001
Telephone: (972) 341-5398.
420-361147 8/7,8/14,8/21,8/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by LIONEL R PERI-
NCHIEF AND CLENCY A PERI-
NCHIEF to MORTGAGE ELEC
TRONIC REGISTRATION SYS
TEMS, INC. ("MERS") AS NOMINEE
FOR TAYLOR, BEAN & WHITAKER
MORTGAGE CORP. , dated
06/09/2008, and Recorded on
06/18/2008 as Book No. 20890 and
Page No. 251, DEKALB County,
Georgia records, as last assigned to
BANK OF AMERICA, N.A. (the Se
cured Creditor), by assignment, con
veying the after-described property to
secure a Note of even date in the ori-
ginal principal amount of
$248,675.00, 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
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in September, 2014, the fol
lowing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 35
OF THE 16TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING MORE PARTICULARLY DE
SCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN
FOUND AT THE INTERSECTION
FORMED BY THE NORTHERLY
RIGHT OF WAT OF ROCKMOOR
DRIVE (50-FOOT RIGHT OF WAY)
AND THE WESTERLY RIGHT OF
WAY OF PANOLA RAOD (100
FOOT RIGHT OF WAY) AND RUN
NING THENCE SOUTH 89 DE
GREES 28 MINUTES 30 SECONDS
WEST ALONG THE NORTHERLY
RIGHT OF WAY OF ROCKMOOR
DRIVE 459.49 FEET TO AN OPEN
TOP FOUND; RUNNING THENCE
NORTH 00 DEGREES 46 MINUTES
00 SECONDS WEST 180.0 FEET
TO AN OPEN TOP FOUND; RUN
NING THENCE NORTH 89 DE
GREES 28 MINUTES 30 SECONDS
EAST 459.49 FEET TO AN IRON
PIN FOUND ON THE WESTERLY
RIGHT OF WAY OF PANOLA
ROAD; RUNNING THENCE SOUTH
00 DEGREES 46 MINUTES 00
SECONDS EAST ALONG THE
WESTERLY RIGHT OF WAY OF
PANOLA ROAD 180 FEET TO THE
POINT OF BEGINNING, BEING IM
PROVED PROPERTY KNOWN AS
NO. 1369 PANOLA ROAD, AC
CORDING TO THE PRESENT SYS
TEM OF NUMBERING HOUSES IN
DEKALB COUNTY, GEORGIA ABD
BEING MORE PARTICULARLY
SHOWN ON SURVEY PREPARED
BY J. A. EVANS SURVEYING CO.,
INC., DATED MAY 11, 1993. The
debt secured by said Deed to Se
cure Debt has been and is hereby
declared due because of, among oth
er 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 pur
pose of paying the same and all ex
penses of this sale, as provided in
the Deed to Secure Debt and by law,
including attorney’s fees (notice of in
tent to collect attorney’s fees having
been given). BANK OF AMERICA,
N.A. holds the duly endorsed Note
and is the current assignee of the Se
curity 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 con
sultation with BANK OF AMERICA,
N. A. (the current investor on the
loan), is the entity with the full author
ity 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 con
tacted 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 un
dersigned, the party/parties in pos
session of the subject property
known as 1369 PANOLA ROAD,
STONE MOUNTAIN, GEORGIA
30088 is/are: LIONEL R PERI-
NCHIEF AND CLENCY A PERI-
NCHIEF or tenant/tenants. Said prop
erty will be sold subject to (a) any
outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet
due and payable), (b) any matters
which might be disclosed by an ac
curate 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, en
cumbrances, zoning ordinances,
easements, restrictions, covenants,
etc. The sale will be conducted sub
ject to (1) confirmation that the sale is
not prohibited under the U.S. Bank
ruptcy Code; and (2) final confirma
tion 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments 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. as Attorney in Fact for LIONEL
R PERINCHIEF AND CLENCY A
PERINCHIEF. THIS LAW FIRM IS
ACTING AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR THAT
PURPOSE. ++00000004536116
PERINCHIEF++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341-
5398.
420-361148 8/7,8/14,8/21,8/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by JANEELA MACK to
BANK OF AMERICA, N.A. , dated
05/15/2007, and Recorded on
06/07/2007 as Book No. 20018 and
Page No. 756, DEKALB County,
Georgia records, as last assigned to
BANK OF AMERICA, N.A. (the Se
cured Creditor), by assignment, con
veying the after-described property to
secure a Note of even date in the ori-
ginal principal amount of
$128,000.00, 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
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in September, 2014, the fol
lowing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOTS 33
& 34 OF THE 16TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 20, BLOCK D, UNIT FOUR-
B OF FOX VALLEY SUBDIVISION,
AS PER PLAT THEREOF RECOR
DED IN PLAT BOOK 81, PAGE 34,
DEKALB COUNTY, GEORGIA RE
CORDS, WHICH RECORDED PLAT
IS INCORPORATED HEREIN BY
REFERENCE AND MADE A PART
OF THIS DESCRIPTION. 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 in
debtedness 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 Se
cure Debt and by law, including attor
ney’s fees (notice of intent to collect
attorney’s fees having been given).
BANK OF AMERICA, N.A. holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. BANK OF AMERICA,
N.A., AS SUCCESSOR BY MER
GER TO BAC HOME LOANS SERVI
CING, LP, acting on behalf of and, as
necessary, in consultation with BANK
OF AMERICA, N.A. (the current in
vestor on the loan), is the entity with
the full authority to negotiate, amend,
and modify all terms of the loan. Pur
suant to O.C.G.A. § 44-14-162.2,
BANK OF AMERICA, N.A., AS SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP may
be contacted at: BANK OF AMER
ICA, 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, pur
suant 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 be
lief of the undersigned, the
party/parties in possession of the
subject property known as 845 FOX
VALLEY DRIVE, STONE MOUN
TAIN, GEORGIA 30088 is/are:
JANEELA MACK 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 re
cord 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 sub
ject to (1) confirmation that the sale is
not prohibited under the U.S. Bank
ruptcy Code; and (2) final confirma
tion 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments 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. as Attorney in Fact for JANEELA
MACK. THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE. ++00000004477956
MACK++ BARRETT DAFFIN FRAP
PIER LEVINE & BLOCK, LLP 15000
Surveyor Boulevard Addison, Texas
75001 Telephone: (972) 341-5398.
420-361149 8/7,8/14,8/21.8/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by LAVERNE D. BAILEY
to MORTGAGE ELECTRONIC RE
GISTRATION SYSTEMS, INC.
("MERS") AS NOMINEE FOR
COUNTRYWIDE HOME LOANS ,
dated 10/25/2004, and Recorded on
11/17/2004 as Book No. 16820 and
Page No. 501, DEKALB County,
Georgia records, as last assigned to
THE BANK OF NEW YORK MEL
LON FKA THE BANK OF NEW
YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-12
(the Secured Creditor), by assign
ment, conveying the after-described
property to secure a Note of even
date in the original principal amount
of $87,500.00, with interest at the
rate specified therein, there will be
sold by the undersigned at public out
cry to the highest bidder for cash at
the DEKALB County Courthouse
within the legal hours of sale on the
first Tuesday in September, 2014, the
following described property: ALL
THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 39 OF THE 15TH DISTRICT
DEKALB COUNTY, GEORGIA; AND
BEING LOT 7, BLOCK C, RIVER
SIDE STATION SUBDIVISION,
PHASE ONE, AS PER PLAT RE
CORDED IN PLAT BOOK 85, PAGE
51, DEKALB COUNTY, GEORGIA
RECORDS; WHICH PLAT IS IN
CORPORATED HEREIN BY REFER
ENCE, AND BEING IMPROVED
PROPERTY HAVING A HOUSE
LOCATED THEREON KNOWN AS
NO. 3832 LANDGRAF COVE, AC
CORDING TO THE PRESENT SYS
TEM OF NUMBERING HOUSES IN
DEKALB COUNTY, GEORGIA. The
debt secured by said Deed to Se
cure Debt has been and is hereby
declared due because of, among oth
er 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 pur
pose of paying the same and all ex
penses of this sale, as provided in
the Deed to Secure Debt and by law,
including attorney’s fees (notice of in
tent to collect attorney’s fees having
been given). THE BANK OF NEW
YORK MELLON FKA THE BANK OF
NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-12
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 con
sultation with THE BANK OF NEW
YORK MELLON FKA THE BANK OF
NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-12
(the current investor on the loan), is
the entity with the full authority to ne
gotiate, 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 MER
GER TO BAC HOME LOANS SERVI
CING, LP may be contacted at:
BANK OF AMERICA, N.A., AS SUC
CESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP,
PTX-C-32, 7105 CORPORATE, PLA
NO, 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 un
dersigned, the party/parties in pos
session of the subject property
known as 3832 LANDGRAF CV,
DECATUR, GEORGIA 30034 is/are:
LAVERNE D. BAILEY or tenant/ten
ants. Said property will be sold sub
ject to (a) any outstanding ad valor
em taxes (including taxes which are a
lien, but not yet due and payable), (b)
any matters which might be dis
closed by an accurate survey and in
spection 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, re
strictions, covenants, etc. The sale
will be conducted subject to (1) con
firmation that the sale is not prohib
ited 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 regard
ing the rescission of judicial and non
judicial 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.
THE BANK OF NEW YORK MEL
LON FKA THE BANK OF NEW
YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-12 as
Attorney in Fact for LAVERNE D.
BAILEY. THIS LAW FIRM IS ACT
ING AS A DEBT COLLECTOR AT
TEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE. ++20100031414081
BAILEY++ BARRETT DAFFIN
FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison,
Texas 75001 Telephone: (972) 341-
5398.
420-361150 8/7,8/14,8/21,8/28WG
Notice of Sale Under Power
State of Georgia
County of DEKALB
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by PORTIA E SMITH to
SUN AMERICA MORTGAGE COR
PORATION , dated 09/20/1991, and
Recorded on 11/26/1991 as Book
No. 7072 and Page No. 121, BOOK
7072, PAGE 121; RE-RECORDED
AT BOOK 7112, PAGE 295, DEKALB
County, Georgia records, as last as
signed to WELLS FARGO BANK,
N.A. SUCCESSOR BY MERGER TO
NORWEST MORTGAGE, INC. (the
Secured Creditor), by assignment,
conveying the after-described prop
erty to secure a Note of even date in
the original principal amount of
$84,600.00, 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
DEKALB County Courthouse within
the legal hours of sale on the first
Tuesday in September, 2014, the fol
lowing described property: ALL THAT
TRACT OR PARCEL OF LAND LY
ING AND BEING IN LAND LOT 40
OF THE 15TH DISTRICT, DEKALB
COUNTY, GEORGIA AND BEING
LOT 26, BLOCK "A", RIVERWALK
RIDGE SUBDIVISION, PHASE ONE,
UNIT TWO, AS PER PLAT RECOR
DED IN PLAT BOOK 92, PAGE 130,
DEKALB COUNTY, GEORGIA RE
CORDS, WHICH PLAT IS INCOR
PORATED HEREIN AND MADE A
PART HEREOF. The debt secured
by said Deed to Secure Debt has
been and is hereby declared due be
cause of, among other possible
events of default, failure to pay the in
debtedness 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 Se
cure Debt and by law, including attor
ney's fees (notice of intent to collect
attorney’s fees having been given).
WELLS FARGO BANK, N.A. SUC
CESSOR BY MERGER TO NORW
EST MORTGAGE, INC. holds the
duly endorsed Note and is the cur
rent assignee of the Security Deed to
the property. WELLS FARGO BANK,
N.A., acting on behalf of and, as ne
cessary, in consultation with WELLS
FARGO BANK, N.A. SUCCESSOR
BY MERGER TO NORWEST MORT
GAGE, INC. (the current investor on
the loan), is the entity with the full au
thority to negotiate, amend, and
modify all terms of the loan. Pursu
ant to O.C.G.A. § 44-14-162.2,
WELLS FARGO BANK, N.A. may be
contacted at: WELLS FARGO BANK,
N.A., 3476 STATEVIEW BLVD.,
MAC# X7801-014, FT. MILL, SC
29715, 803-396-6000. Please note
that, pursuant to O.C.G.A. § 44-14-
162.2, the secured creditor is not re
quired 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 2950
PATTY HOLLOW, DECATUR,
GEORGIA 30034 is/are: PORTIA E
SMITH or tenant/tenants. Said prop
erty will be sold subject to (a) any
outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet
due and payable), (b) any matters
which might be disclosed by an ac
curate survey and inspection of the
property, and (c) all matters of record
superior to the Deed to Secure Debt