NOTICE OF SALE UNDER POWER, RABUN COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Eric A. Wallwin and Mary F. Wallwin to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Academy Mortgage Corporation, its successors and assigns dated 9/17/2019 and recorded in Deed Book P46 Page 328 and modified at Deed Book 00Z49Page 00175Rabun County, Georgia records; as last transferred to or acquired by Wells Fargo Bank, N.A., conveying the after-described property to secure a Note in the original principal amount of $142,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Rabun County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on May 7, 2024 (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 17 of the Second Land District of Rabun County, Georgia, and being designated as Tract 2A containing 1.32 acres, more or less, as more fully described on that certain plat of survey prepared by W. Jonathan Rolader, Georgia Registered Land Surveyor No. 3231, dated February 14, 2019, revised March 14, 2019, and recorded in Plat Book 2019, Page 60, Clerk's office, Rabun Superior Court. Reference is hereby had and made to said plat and record of the same for a full and complete description of the property herein conveyed.
Also conveyed herewith is a perpetual, non-exclusive easement for ingress and egress to and from the above-described property over and across that certain paved drive which extends from Tract 2A over Tract 3, Tract 2A, and Tract 2B, to U.S. Highway 76, a public road.
The above-described Tract 2 is conveyed subject to that certain easement for the use, maintenance and repair of that well located upon said property, as more particularly described in that certain Easement in favor of Thomas P. Allen and Elizabeth L. Allen dated February 25, 2004 and recorded in Deed Book X-25, Page 103, aforesaid records.
Further, the property hereijn conveyed is subject to that non-exclusive, perpetual easement over, under, across and through the above-described Tract 2A for the purpose of connecting Tract 2B to the well water system located thereon and using, maintaining and repairing said well as more particularly described in that warranty deed from Louis Laflin Norcross, Jr. to Mary F. Wallwin and Eric A. Wallwin of even date herewith and recorded simulateneously herewith in the Clerk's office, Rabun Superior Court. This easement shall be for the purpose of connecting one (1) residence located upon Tract 2B to the well located on Tract 2A and Tract 2B shall be responsible for a pro rata share of the use, maintenance and repair of said well and water system.
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 attorneys fees having been given).
Said property is commonly known as 181 Barnyard Lane, Clayton, GA 30525 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): Eric A. Wallwin 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, N.A. as agent and Attorney in Fact for Eric A. Wallwin and Mary F. Wallwin
Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400.
1000-19327A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-19327A
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