Details for Cole 5426708–FT5

NOTICE OF SALE UNDER POWER GEORGIA, CLAYTON COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Lawrence E. Cole and Beverly A. Cole to Franklin American Mortage Company, dated December 13, 2001, recorded in Deed Book 5358, Page 291, Clayton County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 11253, Page 431, Clayton County, Georgia Records, as last transferred to The Bank of New York Mellon, as Trustee for the CWMBS, Inc. Reperforming Loan REMIC Trust Certificates, Series 2005-R2 by assignment recorded in Deed Book 10854, Page 511, Clayton County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY-SIX THOUSAND TWO HUNDRED SEVENTY-FIVE AND 0/100 DOLLARS ($156,275.00), 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 Clayton County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in November, 2019, 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 the 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. The Bank of New York Mellon, as Trustee for the CWMBS, Inc. Reperforming Loan REMIC Trust Certificates, Series 2005-R2 is the holder of the 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: Wells Fargo Home Mortgage a div. of Wells Fargo Bank, N.A., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. To the best knowledge and belief of the undersigned, the party in possession of the property is Lawrence E. Cole and Beverly A. Cole or a tenant or tenants and said property is more commonly known as 11155 Glynn Ridge Drive, Hampton, Georgia 30228. 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, as Trustee for the CWMBS, Inc. Reperforming Loan REMIC Trust Certificates, Series 2005-R2 as Attorney in Fact for Lawrence E. Cole and Beverly A. Cole McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot 129 of the 6th District, Clayton County, Georgia, being all of Lot 11, Glynn Ridge Subdivision, as per plat recorded in Plat Book 28, Page 107; last revised in Plat Book 29, Pages 58-59, in the Office of the Clerk of Superior Court, Clayton County, Georgia, which plat is incorporated herein by reference and made a part hereof. MR/cjo 11/5/19 Our file no. 5426708-FT5 950-613962, 10/9,16,23,30