Notice Content
NOTICE OF SALE UNDER POWER
Because of a default under the terms of the Security Deed executed by Gregory S. McHan and April McHan to The Mortgage People Co. dated April 7, 2003, and recorded in Deed Book 500, Page 499, Fannin County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A. by Assignment, securing a Note in the original principal amount of $280,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, April 5, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 8th District, 1st Section of Fannin County, Georgia, and being a part of Land Lot No. 249 and being more particularly described as Lot No. 40 and 41 of High Country Crossing Development, as shown on a survey and plat made of the above described property, dated December 29, 1993, that was prepared by Lane S. Bishop, Georgia Registered Land Surveyor No. 1575. Said plat is recorded in Plat Hanger A-129, page 8, in the Office of the Clerk of the Superior Court for Fannin County, Georgia. Said recorded plat is hereby made a part of this deed by reference thereto for a more complete description of the above described property.
The above described property is a portion of that property that was conveyed to Gregory S. McHan and April McHan by Warranty Deed dated the 30th day of January, 1993 from William M. Tankersley and Angela Tankersley, said deed being recorded in Deed Book 194, Page 369, in the Office of the Clerk of the Superior Court for Fannin County, Georgia.
Said property is known as 676 High Country Circle, Morganton, GA 30560, together with all fixtures and personal property attached to and constituting a part of said property, if any.
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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of Gregory S. McHan and April McHan, successor in interest or tenant(s).
Wells Fargo Bank, N.A. as Attorney-in-Fact for Gregory S. McHan and April McHan
File no. 15-054277 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 770-220-2535/KMM shapiroandhasty.com
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
March 9-30
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