Newsbank Archive
August 01, 2014

gpn11 Notice of Sale Under Power State of Georgia County of RABUN Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by AMANDA L THURMOND AND CHARLES C THURMOND to WELLS FARGO BANK, N

posted by claytonlegals

Where:

30525

Description:

gpn11 Notice of Sale Under Power State of Georgia County of RABUN Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by AMANDA L THURMOND AND CHARLES C THURMOND to WELLS FARGO BANK, N.A. ,dated 02/17/2005, and, RABUN County, Georgia records, as last assigned to WELLS FARGO BANK, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $81,200.00, 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 RABUN County Courthouse within the legal hours of sale on the first Tuesday in August, 2014, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 123 OF THE SECOND LAND DISTRICT OF RABUN COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS A 1.00 ACRE TRACT OF LAND AS DEPICTED UPON A PLAT OF SURVEY DATED JANUARY 25, 2005 AND PREPARED BY T.LAMAR EDWARDS, GEORGIA REGISTERED LAND SURVEYOR NO. 1837. SAID PLAT IS OF RECORD IN PLAT BOOK 52, PAGE 84 IN THE OFFICE OF THE CLERK OF THE RABUN SUPERIOR COURT. REFERENCE TO SAID PLAT AND THE RECORD THEREOF IS FOR THE EXPRESS PURPOSE OF INCORPORATING HEREIN ITS DESCRIPTION OF THE REAL PROPERTY DEPICTED THEREON. THE ABOVE CONVEYED TRACT OR PARCEL OF LAND IS HEREBY CONVEYED SUBJECT TO THAT CERTAIN DOG PEN ENCROACHMENT AS SHOWN ON SAID PLAT. AS SHOWN ON SAID PLAT THERE IS A PAVED DRIVE TRAVERSING THE SOUTHWESTERLY CORNER OF THE ABOVE CONVEYED TRACT OR PARCEL OF LAND. SAID PAVED DRIVE WILL BE A SHARED DRIVE AND USED BY THE GRANTORS AND GRANTEES, THEIR HEIRS, SUCCESSORS IN TITLE AND ASSIGNS. SAID PAVED DRIVE PROVIDES INGRESS TO AND EGRESS FROM SAID TRACT OR PARCEL OF LAND WITH THE PUBLIC ROAD SYSTEM OF RABUN COUNTY, GEORGIA. SAID TRACT OR PARCEL OF LAND IS HEREBY CONVEYED SUBJECT TO THE RIGHTS OF OTHERS TO USE SAID DRIVE. THIS CONVEYANCE IS MADE SUBJECT TO THAT CERTAIN WELL EASEMENT AGREEMENT WHICH IS RECORDED ON THE DEED BOOK X-20, PAGE 589, AFORESAID RECORDS. 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, NATIONAL ASSOCIATION 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, NATIONAL ASSOCIATION (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, 803-396-6000. 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 4999 WOLFFORK ROAD, RABUN GAP, GEORGIA 30568 is/are: AMANDA L THURMOND AND CHARLES C THURMOND 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, NATIONAL ASSOCIATION as Attorney in Fact for AMANDA L THURMOND AND CHARLES C THURMOND. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120169808094 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. 7-10,17,24,31
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