NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF LUMPKIN
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES S. BAKER, JR. AND JACQUELYN C. BAKER to WELLS FARGO HOME MORTGAGE, INC. , dated 10/17/2003, and Recorded on 10/27/2003 as Book No. O 32 and Page No. 74, LUMPKIN County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $54,000.00, 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 LUMPKIN County Courthouse within the legal hours of sale on the first Tuesday in November, 2018, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 910 OF THE 12TH DISTRICT, 1ST SECTION OF LUMPKIN COUNTY, GEORGIA, CONSISTING OF 0.43 ACRES, MORE OR LESS, TOGETHER WITH ALL IMPROVEMENTS THEREOF, AND BEING MORE PARTICULARLY SET OUT ON A PLAT OF SURVEY DATED SEPTEMBER 8, 1981, PREPARED BY ELLIS B. KEEFER, JR., BY FARLEY COLLINS & ASSOCIATES, GEORGIA REGISTERED LAND SURVEYORS. THIS PLAT IS RECORDED IN PLAT BOOK 15, PAGE 237, LUMPKIN COUNTY, GEORGIA RECORDS, AND IS INCORPORATED HEREIN BY REFERENCE FOR A MORE DETAILED DESCRIPTION.
ALSO CONVEYED HEREWITH IS A PERPETUAL, NON EXCLUSIVE EASEMENT TWENTY FEET IN WIDTH ALONG AND WITH THE EXISTING ROAD DEPICTED ON A PLAT OF SURVEY RECORDED IN PLAT BOOK 8, PAGE 150, LUMPKIN COUNTY RECORDS, CONNECTING THE SUBJECT PROPERTY WITH ROBINSON RIDLEY (GRASSY GAP) ROAD, A COUNTY ROAD.
THIS PROPERTY IS CONVEYED SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR YAHOOLO GETAWAY ASSOCIATION DATED APRIL 1, 1982, AND RECORDED IN DEED BOOK H 4, PAGES 600 614, AND AMENDED AUGUST 11, 1983, IN TWO AMENDMENTS OF EVEN DATE, SAID AMENDMENTS BEING RECORDED IN DEED BOOK M 4, PAGES 325 326, AND DEED BOOK M 4, PAGES 327 328, LUMPKIN COUNTY RECORDS. THE GRANTEES, BY THEIR ACCEPTANCE HEREOF, AND EACH AND EVERY SUCCESSOR IN TITLE TO THE ABOVE DESCRIBED PROPERTY, BY HIS ACCEPTANCE OF A CONVEYANCE THEREOF, ASSUMES AND AGREES TO BE BOUND BY SUCH COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS.
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, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. 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 FEDERAL HOME LOAN MORTGAGE CORPORATION (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 1624 SYRUP MILL ROAD, DAHLONEGA, GEORGIA 30533 is/are: JAMES S. BAKER, JR. AND JACQUELYN C. BAKER 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 WELLS FARGO HOME MORTGAGE, INC. as Attorney in Fact for JAMES S. BAKER, JR. AND JACQUELYN C. BAKER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000007719586 BARRETT
DAFFIN FRAPPIER TURNER &
4004 Belt Line Road
Addison, Texas 75001
Telephone: (972) 341 5398.
10/10, 10/17, 10/24, 10/31/18