10-290L NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in a Deed to Secure Debt by Bonita Fluker and Ricky Fluker to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for AmeriTrust Mortgage Company, dated October 7, 2004 and filed for record October 15, 2004 in Deed Book 2572, Page 191, Spalding County, Georgia records, and securing a Note in the original principal amount of $148,000.00; last transferred to The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-12 by Assignment filed for record in the public deed records of Spalding County, Georgia , there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Spalding County, Georgia, between the legal hours of sale on the first Tuesday in March, 2010, by The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-12 as Attorney-in-Fact for Bonita Fluker and Ricky Fluker the following property to-wit: ALL THAT TRACT or parcel of land lying and being in Land Lot 191 of the 3rd District of originally Henry, now Spalding County, Georgia, containing 1.144 acres, more or less, as shown on plat of survey entitled "Property Survey for Jerome Garland" dated October 22, 1991, prepared by Kenneth E. Presley, Registered Land Surveyor, a copy of which said plat of survey is recorded in Plat Book 19, Page 533, Spalding County Records. The above described property is also known as 1036 North 2nd Street, Griffin, GA 30223. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees, if applicable. The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable. To the best of the undersigned's knowledge and belief, possession of the subject property is held by Bonita Fluker and Ricky Fluker. Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP as servicer for The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-12 to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-12 as Attorney-in-Fact for Bonita Fluker and Ricky Fluker SHUPING, MORSE & ROSS, LLP By:S. Andrew Shuping, Jr. S. Andrew Shuping, Jr. 6259 Riverdale Road, Suite 100 Riverdale, Georgia 30274-1698 (770) 991-0000 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. February 5, 12, 19, & 26, 2010.