Notice Content
CLASS:007
NOTICE OF SALE UNDER POWER State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KEVIN TERRY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION , dated 08/02/2006, and Recorded on 08/03/2006 as Book No. 3017 and Page No. 368-382, COWETA County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WACHOVIA 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 $151,000.00, 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 COWETA County Courthouse within the legal hours of sale on the first Tuesday in September, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 91 OF THE SIXTH LAND DISTRICT, COWETA COUNTY, GEORGIA, BEING LOT 103 OF PHASE I OF FALLING WATERS SUBDIVISION, ALL AS SHOWN ON PLAT RECORDED IN PLAT BOOK 46, PAGES 199-201, OFFICE OF THE CLERK, COWETA COUNTY SUPERIOR COURT, SAID PLAT AMENDED IN PLAT BOOK 48, PAGES 58-60, OFFICE OF THE CLERK, COWETA COUNTY SUPERIOR COURT, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF LOT 103 HEREIN CONVEYED. 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. SUCCESSOR BY MERGER TO WACHOVIA 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. SUCCESSOR BY MERGER TO WACHOVIA 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 85 CHICKASAW CIRCLE, SHARPSBURG, GEORGIA 30277 is/are: KEVIN TERRY 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. SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. as Attorney in Fact for KEVIN TERRY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000004214417 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398. No.65287-8-11-18-25&9-1
Back