gpn11 Notice of Sale Under Power State of Georgia, County of BARTOW Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CONNIE BREWER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC , dated 04/29/2004, and Recorded on 05/04/2004 as Book No. 1790 and Page No. 260, BARTOW County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., F/K/A JPMORGAN CHASE BANK, AS TRUSTEE FOR RASC 2004-KS7 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $84,000.00, 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 BARTOW County Courthouse within the legal hours of sale on the first Tuesday in December, 2012, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 298, OF THE 5TH DISTRICT, 3RD SECTION, BARTOW COUNTY, GEORGIA AND BEING LOT 45, WHISPERING PINES, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 7, PAGE 56, OF THE BARTOW COUNTY, GEORGIA RECORDS, WHICH PLAT BY REFERENCE IS INCORPORATED HEREIN FOR A MORE COMPLETE DESCRIPTION OF THE PROPERTY. 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 attorneys fees (notice of intent to collect attorneys fees having been given). THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., F/K/A JPMORGAN CHASE BANK, AS TRUSTEE FOR RASC 2004-KS7 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICA'S SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., F/K/A JPMORGAN CHASE BANK, AS TRUSTEE FOR RASC 2004-KS7 (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, AMERICA'S SERVICING COMPANY may be contacted at: AMERICA'S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800-288-3212. 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 226 WHISPERING PINES CIRCLE NE, WHITE, GEORGIA 30184 is/are: CONNIE BREWER 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. THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., F/K/A JPMORGAN CHASE BANK, AS TRUSTEE FOR RASC 2004-KS7 as Attorney in Fact for CONNIE BREWER THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120134001746 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398 11/8,15,21,29/12 #8397