Notice Content
STATE OF GEORGIA
COUNTY of PIERCE
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from CLINTON F. FOSTER, JR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRIMESOUTH BANCSHARES INC D/B/A PRIMESOUTH MORTGAGE dated August 31, 2010, filed for record September 1, 2010, and recorded in Deed Book 743, Page 146, PIERCE County, Georgia Records, as last transferred to WELLS FARGO BANK, N.A. by assignment recorded in Deed Book 828, Page 133, PIERCE County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated August 31, 2010 in the original principal sum of EIGHTY FIVE THOUSAND EIGHT HUNDRED FORTY THREE AND 0/100 DOLLARS ($85,843.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at PIERCE County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in September, 2015, the following described property:
LOT 1B OF SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE TOWN OF PATTERSON, PIERCE COUNTY, GEORGIA; KNOWN AS THE ECHOLAND SUBDIVISION. SAID LOT 1B BEING BOUNDED AS FOLLOWS: NORTHWEST FOR A DISTANCE OF 200 FEET BY LOT 2B OF SAID SUBDIVISION, SOUTHWEST FOR A DISTANCE OF 100 FEET BY LOT 13B OF SAID SUBDIVISION, SOUTHEAST FOR A DISTANCE OF 200 FEET BY PEAR AVENUE AND NORTHEAST FOR A DISTANCE OF 100 FEET BY MAIN STREET AND BEING MORE PARTICULARLY DESCRIBED BY PLAT MADE FROM A SURVEY BY J.J. PORTER, PIERCE COUNTY SURVEYOR, ON JANUARY 24, 1959, OF THE SAID ECHOLAND SUBDIVISION, SAID PLAT BEING RECORDED IN THE OFFICE OF THE CLERK OF PIERCE COURT IN PLAT BOOK 3, PAGE 31, TO WHICH SAID PLAT REFERENCE IS HEREBY MADE FOR ALL PURPOSES. LESS AND EXCEPT THAT PORTION OF SAID TRACT CONVEYED TO THE CITY OF PATTERSON FOR ROAD RIGHT OF WAY BY DEED DATED FEBRUARY 19, 1988 AND RECORDED IN DEED BOOK 211, PAGE 327, IN THE OFFICE OF THE CLERK, PIERCE SUPERIOR COURT.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is CLINTON F. FOSTER, JR or a tenant or tenants. Said property may more commonly be known as: 3211 PEAR AVENUE, PATTERSON, GA 31557.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, MAC# X7801-013, FORT MILL, SC 29715-7203; (800) 662-5014.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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 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. 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.
WELLS FARGO BANK, N.A.
As Attorney-in-Fact for
CLINTON F. FOSTER, JR
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 25107
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
C/PHDJ/8-5=8-26/300
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