NOTICE OF MORTGAGE FORECLOSURE SALE ALABAMA, WALKER COUNTY Default having been made pursuant to the terms of that certain mortgage executed by Beverly John Peek and Thomas W Peek, Wife and Husband to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Countrywide Home Loans, Inc., its successors and assigns dated August 17, 2005, said mortgage being recorded in Book 1983, Page 696 in the Office of the Judge of Probate of Walker County, AL. said Mortgage was last sold, assigned and transferred to The Bank of New York Mellon fka The Bank of New York as Trustee for certificateholders of the CWABS Inc., asset-backed certificates, Series 2005-13. The Bank of New York Mellon fka The Bank of New York as Trustee for certificateholders of the CWABS Inc., asset-backed certificates, Series 2005-13, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Walker County, AL during the legal hours of sale, on November 1, 2012 the following real estate, situated in Walker County, AL, to-wit: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF ALABAMA, WALKER DESCRIBED AS FOLLOWS: A TRACT OF LAND DESCRIBED AS FOLLOWS: BEGINNING 210 FEET 29 DEGREES SOUTH FROM THE SOUTHWEST CORNER OF THE LOT SOLD TO EARL HUTTO BY D.W. CORRY, ET AL, AND RUNNING THENCE 29 DEGREES WEST OF SOUTH ALONG THE JASPER AND OAKMAN PUBLIC ROAD 330 FEET; THENCE RUNNING 11 DEGREES NORTH OF EAST ABOUT 660 FEET; THENCE RUNNING WEST OF NORTH 55 DEGREES ABOUT 400 FEET TO THE PLACE OF BEGINNING. LOCATED IN THE NW 1/4 OF NW 1/4, OF SECTION 28, TOWNSHIP 15, RANGE 8 WEST, IN THE TOWN OF OAKMAN WALKER COUNTY, ALABAMA. SOURCE OF TITLE: BOOK 1830, PAGE 165, (RECORDED 05/06/2003) APN 21-08-28-2-000-001.001 Said property is commonly known as 10548 Main St, Oakman, AL 35579. The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney's fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Beverly John Peek and Thomas W Peek, Wife and Husband or tenant(s). Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192 Daily Mountain Eagle *October 7, 14, 21, 2012