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Notice of Sale Under Power. State of Georgia, County of GILMER. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOHNNY FORDHAM AND BRENDA FORDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (""ERS"" AS NOMINEE FOR CBC NATIONAL BANK , dated 10/24/2011, and Recorded on 11/07/2011 as Book No. 1699 and Page No. 25 41, GILMER County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $179,043.00, 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 GILMER County Courthouse within the legal hours of sale on the first Tuesday in April, 2016, the following described property: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF GILMER, STATE OF GEORGIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 112 IN THE 11TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 0.67 ACRE AND DESIGNATED AS LOT 1869 EAGLE'S MOUNTAIN RESORT, AS SHOWN ON PLAT OF SURVEY FOR EAGLE'S MOUNTAIN RESORT, UNIT 34. SAID PLAT, PREPARED BY BURNS L. JEFFRIES, GEORGIA REGISTERED LAND SURVEYOR NO. 2036, IS RECORDED IN PLAT BOOK 13, PAGE 192, GILMER COUNTY, GEORGIA RECORDS, WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING SAME.
CONVEYANCE OF THE ABOVE PROPERTY IS MADE SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EAGLE'S MOUNTAIN RESORT, INC., DATED MAY 17, 1983, AS RECORDED IN DEED BOOK 138, PAGE 448, GILMER COUNTY, GEORGIA RECORDS, AND TO INCLUDE ALL AMENDMENTS THERETO.
PARCEL ID: 3051A 041
COMMONLY KNOWN AS 1875 NEWPORT ROAD, ELLIJAY, GA 30540 HOWEVER, BY SHOWING THIS ADDRESS NO ADDITIONAL COVERAGE IS PROVIDED 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). WELLS FARGO BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with WELLS FARGO BANK, N.A. (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. § 44 14 162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD., FORT MILL, SC 29715, 800 288 3212. Please note that, pursuant to O.C.G.A. § 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 1875 NEWPORT ROAD, ELLIJAY, GEORGIA 30540 is/are: JOHNNY FORDHAM AND BRENDA FORDHAM 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. WELLS FARGO BANK, N.A. as Attorney in Fact for JOHNNY FORDHAM AND BRENDA FORDHAM. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005703848 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398.
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