Notice Content
NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by James V.
Weaver to Mortgage Electronic Registration Systems, Inc. as a
nominee for Silverton Mortgage Specialists, Inc. dated 7/30/2014 and
recorded in Deed Book 1876 Page 43 Gilmer 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 $ 120,280.00, 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
Gilmer County, Georgia (or such other area as designated by Order of
the Superior Court of said county), within the legal hours of sale
on December 06, 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 Lots 97 and 98
of the 6th District, 2nd Section of Gilmer County, Georgia, and
designated as Tract A, containing 1.52 acres, as per plat of survey
for David M. Wester, made by Joel Jordan, Georgia Registered Land
Surveyor No. 2430, dated November 16, 2000, recorded in Plat Book
35, Page 274, Gilmer County, Georgia records, to which reference is
made for the purpose of incorporating the same as a part herein;
together with all improvements located thereon.
This conveyance is made together with and subject to the Road Right of
Way and Easement over the gravel road extending in a southeasterly
direction from New Liberty Road across subject property to the
adjoining property, as shown on plat of survey recorded in Plat Book
35, Page 274, aforesaid records.
This conveyance is made subject to the reservation of water rights and
water line easement as well as reservation of an easement and right
of way over and across the gravel road extending from New Liberty
Road to the property herein conveyed, and said 15 feet wide easement
continuing across subject property, as shown on said plat, and all
as set forth in that certain Warranty Deed dated November 21, 2000,
recorded in Deed Book 742, Page 310, Gilmer County, Georgia records.
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
attorneys fees (notice of intent to collect attorney's fees having
been given).
Said property is commonly known as 51 New Liberty Trail, Ellijay, GA
30536 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): James V. Weaver 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 James V. Weaver
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.
1000-667512072A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1000-667512072A
Nov. 9-30. 294596
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