Notice Content
CLASS:007
NOTICE OF SALE UNDER POWER COWETA COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Scott L. Kirkland to Mortgage Electronic Registration Systems, Inc. as a nominee for PRIMARY RESIDENTIAL MORTGAGE, INC. dated 12/14/2011 and recorded in Deed Book 3739 Page 289 Coweta County, Georgia records; as last transferred to or acquired by Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 114,285.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Coweta County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on June 07, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land lying and being in Land lot 169 of the Second Land District, Coweta County, Georgia and being more particularly described as follows: BEGINNING at a point on the East line of property of James Evans, said point being 1,180 feet west, more or less, and 637 feet north of the southeast corner of Land Lot 169 and from said beginning point run thence North 1° 30' West along property of and 584 feet more or less to the southerly right of way of Dingler Road; thence Southeasterly along the Southerly right of way of Dingler Road 390 feet more or less to property of Williams; thence South 22°0' West 460 feet more or less to an iron pin; thence North 89°30' West 177 feet more or less to an iron pin and the point of beginning. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 169 of the Second Land District of Coweta County, Georgia, being more particularly described in accordance with a plat by John R. Christopher, Registered Land Surveyor, dated January 22, 1980, as follows: To find the POINT OF BEGINNING, BEGIN at the common intersection of Land Lots 169, 168, 184, and 185, and run thence in a Westerly direction along the South land lot line of land lot 169 a distance of 1,180 feet to a point on the Easterly line of property owned by R. Douglass Williams; thence run north 01° 30' 00†West a distance of 286 feet along property of Williams to a railroad rail; thence run North 01°30' 00†West along property of Williams a distance of 351 feet to an aluminum pin set at the POINT OF BEGINNING. From said POINT OF BEGINNING, run thence South 88° 48' 46†East a distance of 174.55 feet to an iron pin found; thence run North 21°39'51†East a distance of 248.10 feet to an iron pipe found; thence run South 85° 46' 13†West a distance of 222.26 feet to a point; thence run North 01° 30' 00†East a distance of 341.00 feet, more or less, to the Southwesterly right of way of Dingler Road; thence run North 60°35'15†West along the Southwesterly right of way of Dingier Road to an aluminum pipe set upon the property line now or formerly of Mrs. James Evans; thence run South 01° 30'00†East a distance of 374.80 feet to an aluminum pipe set; thence run South 01°30'00†East a distance of 206.95 feet to an aluminum pipe set at the POINT OF BEGINNING. The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 606 Dingler Road, , Moreland, GA 30259 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Scott L. Kirkland and Miriam Kirkland or tenant or tenants. Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Wells Fargo Bank, NA Loss Mitigation 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-678-7986 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 non-judicial 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 immediately above. Wells Fargo Bank, NA as agent and Attorney in Fact for Scott L. Kirkland Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. 1000-667509431A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-667509431A No.64770-5-12-19-26&6-2
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