KENNETH PADGETT Notice of Sale Under Power. State of Georgia, County of FORSYTH. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KENNETH PADGETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (''MERS'') AS NOMINEE FOR SUNTRUST MORTGAGE, INC. D/B/A SUN AMERICA MORTGAGE , dated 07/15/2004, and Recorded on 07/16/2004 as Book No. 3425 and Page No. 95-115, FORSYTH County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS SUCCESSOR-IN-INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-11 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original 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 FORSYTH County Courthouse within the legal hours of sale on the first Tuesday in December, 2025, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 996 OF THE 3RD DISTRICT, 1ST SECTION OF FORSYTH COUNTY, GEORGIA, BEING 1 ACRE, MORE OR LESS, AS SHOWN ON SURVEY FOR TROY BRUMBALOW AND JODIE BRUMBALOW, DATED FEBRUARY 10, 1993, RECORDED IN PLAT BOOK 36, PAGE 252, FORSYTH COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. 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 attorney's fees (notice of intent to collect attorney's fees having been given). THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS SUCCESSOR-IN-INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-11 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS SUCCESSOR-IN-INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-11 (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. SS 44-14-162.2, NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING may be contacted at: NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING, 601 OFFICE CENTER DRIVE, SUITE 100, FORT WASHINGTON, PA 19034, 866-825-2174. Please note that, pursuant to O.C.G.A. SS 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 3590 CHAMBLEE GAP ROAD, CUMMING, GEORGIA 30040 is/are: KENNETH PADGETT 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, F/K/A THE BANK OF NEW YORK, AS SUCCESSOR-IN-INTEREST TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-11 as Attorney in Fact for KENNETH PADGETT. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000010613909 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398. 153394 11/5, 12, 19, 26