Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by TOMMY BEARD JR AND KIMBERLY L. BEARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICOR LENDING GROUP, INC., dated JANUARY 05, 2007, and recorded in Deed Book 427, Page 243, Appling County, Georgia records, HAVING BEEN MODIFIED AT DEED BOOK 446, PAGE 312, AFORESAID RECORDS AND AS LAST TRANSFERRED TO WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2007-NC1 BY ASSIGNMENT RECORDED BOOK 456, PAGE 17 IN APPLING COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $204,000.00, 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 Appling County, Georgia, within the legal hours of sale on the first Tuesday in September, 2012, to wit: September 04, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE SECOND LAND DISTRICT OF APPLING COUNTY, GEORGIA CONSISTING OF 5.00 ACRES, MORE OR LESS, OR ORIGINAL LAND LOT NUMBER 336 AND BEING BOUND NOW OR FORMERLY, AS FOLLOWS: NORTHERLY BY OLD SURRENCY ROAD; EASTERLY BY LANDS OF JOHNNY HARRINGTON; SOUTHERLY BY LANDS OF JOHNNY HARRINGTON AND WESTERLY BY LANDS OF JOHNNY HARRINGTON. SAID TRACT OF LAND BEING MORE FULLY SHOWN ON A SURVEY AND PLAT THEREOF BY MERLIN J. TOMBERLIN, DATED MARCH 27, 1996 A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES.
FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 64-6F; SOURCE OF TITLE IS BOOK 336, PAGE 800 (RECORDED 05/24/00)
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. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 1930 OLD SURRENCY ROAD, BAXLEY, GA 31513 is (are): TOMMY BEARD JR AND KIMBERLY L. BEARD or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 TRUSTEE FOR ASSET BACKED FUNDING CORPORATION ASSET-BACKED CERTIFICATES, SERIES 2007-NC1
as attorney in fact for
TOMMY BEARD JR AND KIMBERLY L. BEARD
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
8-8, 8-15, 8-22 & 8-29ch
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