Notice Content
Notice of Sale
Under Power.
State of Georgia,
County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES S BENSON to WELLS FARGO HOME MORTGAGE, INC. , dated 08/20/2002, and Recorded on 10/22/2002 as Book No. 29322 and Page No. 0015, GWINNETT County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $126,022.00, 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 GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in June, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 307, 7TH LAND DISTRICT, GWINNETT COUNTY, GEORGIA, IN THE CITY OF SUGAR HILL, BEING TRACT B, CONTAINING 1.00 ACRE AS SHOWN ON PLAT OF SURVEY FOR THE ESTATE OF JAMES D. SUDDERTH BY GRESHAM PLANNING & DEVELOPMENT, INC., DATED JUNE 3, 1998, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN FOUND ON THE NORTHERLY RIGHT OF WAY OF GEORGIA HIGHWAY NO. 20 (100FOOT RIGHT OF WAY) AT ITS INTERSECTION WITH THE LAND LOT LINE BETWEEN LAND LOT 307 AND LAND LOT 306, AND RUNNING THENCE ALONG THE NORTHERLY RIGHT OF WAY OF GEORGIA HIGHWAY NO. 20 NORTH 88 DEGREES 57 MINUTES 55 SECONDS WEST A DISTANCE OF 233.47 FEET TO AN IRON PIN; THENCE NORTH 01 DEGREE 02 MINUTES 05 SECONDS EAST ALONG TRACT A OF SAID PLAT OF SURVEY FOR THE ESTATE OF JAMES D. SUDDERTH A DISTANCE OF 354.61 FEET TO AN IRON PIN ON THE LAND LOT LINE BETWEEN LAND LOT 307 AND LAND LOT 321; THENCE NORTH 58 DEGREES 46 MINUTES 28 SECONDS EAST ALONG SAID LAND LOT LINE A DISTANCE OF 10.35 FEET TO AN IRON PIN AT THE LAND LOT CORNER COMMON TO LAND LOTS 306, 307, 321, AND 322; THENCE SOUTH 30 DEGREES 55 MINUTES 46 SECONDS EAST ALONG THE LAND LOT LINE BETWEEN LAND LOT 307 AND LAND LOT 306 A DISTANCE OF 424.49 FEET TO THE POINT OF BEGINNING.
LOCATED THEREON IS A ONESTORY DWELLING HOUSE LOCATED AT 5385 CUMMING HIGHWAY (FORMERLY IDENTIFIED AS 591 CUMMING HIGHWAY), ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES. 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 attorneys fees (notice of intent to collect attorneys fees having been given). WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. 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. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. (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. 4414162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 8002883212. Please note that, pursuant to O.C.G.A. 4414162.2, 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 5385 CUMMING HIGHWAY, BUFORD, GEORGIA 30518 is/are: JAMES S BENSON 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 913172.1, 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. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. as Attorney in Fact for JAMES S BENSON. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005962865 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 3415398.
950-417779, 5/12,19,26,6/2
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