STATE OF GEORGIA
COUNTY of LUMPKIN
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from JOSEPH S. CHAPMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR CBC NATIONAL BANK dated June 11, 2010, filed for record June 14, 2010, and recorded in Deed Book 1162, Page 665, LUMPKIN County, Georgia Records, as last transferred to WELLS FARGO BANK, N.A. by assignment recorded in Deed Book 1313, Page 537, LUMPKIN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated June 11, 2010 in the original principal sum of ONE HUNDRED THREE THOUSAND SIX HUNDRED FOUR AND 0/100 DOLLARS ($103,604.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at LUMPKIN County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in June, 2017, the following described property:
ALL THAT TRACT OR PARCEL OF LAND, LYING AND BEING IN LAND LOT 105, 1ST LAND DISTRICT, ORIGINALLY HABERSHAM, NOW LUMPKIN COUNTY, GEORGIA, CONTAINING 1.00 ACRE, MORE OR LESS, ACCORDING TO A PLAT OF SURVEY PREPARED BY JOHN T. GASTON, GEORGIA REGISTERED LAND SURVEYOR, DATED MAY 18, 2000, RECORDED IN PLAT CABINET 1, SLIDE 48, PLAT 157-A, OFFICE OF THE CLERK OF SUPERIOR COURT, LUMPKIN COUNTY, GEORGIA. SAID PLAT OF SURVEY IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION OF THE SUBJECT PROPERTY.
THIS BEING A PORTION OF THE SAME PROPERTY CONVEYED IN A WARRANTY DEED FROM RORY LIND KNAPTON AND JOYCE GLEAN KNAPTON TO JOHN EVERETT ROGERS, III, DATED DECEMBER 22, 1995, RECORDED IN DEED BOOK O-15, PAGES 240-241, OFFICE OF THE CLERK OF SUPERIOR COURT, LUMPKIN COUNTY, GEORGIA.
THIS CONVEYANCE IS SUBJECT TO ANY AND ALL AGREEMENTS, EASEMENTS, RIGHTS-OF-WAY, RESTRICTIVE COVENANTS AND PUBLIC UTILITIES NOW IN USE AND/OR OF RECORD, INCLUDING, BUT NOT LIMITED TO, THE PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR FIRESIDE RIDGE SUBDIVISION, UNIT TWO, DATED SEPTEMBER 19, 1988, RECORDED IN DEED BOOK S-7, PAGES 193-216, THE SUPPLEMENTARY DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR FIRESIDE RIDGE SUBDIVISION, DATED JUNE 21, 1989, RECORDED IN DEED BOOK I-8, PAGES 328-333, AND RESTRICTIONS RECORDED IN DEED BOOK O-15, PAGE 240, ALL IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, LUMPKIN COUNTY, GEORGIA.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is JOSEPH S. CHAPMAN or a tenant or tenants. Said property may more commonly be known as: 23 FIRESIDE RIVER TRACE E, DAHLONEGA, GA 30533.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, MAC# X7801-013, FORT MILL, SC 29715-7203; (800) 662-5014.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, 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 (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to 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. *Auction services to be provided by Auction.com (www.auction.com)*
WELLS FARGO BANK, N.A.
As Attorney-in-Fact for
JOSEPH S. CHAPMAN
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
PH # 32779
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
05/10, 05/17, 05/24, 05/31/17