Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated August 26, 1998, executed by Robert F. Harris and Shirley H. Harris to Green Tree Financial Servicing Corporation, recorded in Deed Book 317, Page 157, Appling County, Georgia Deed Records, and securing a Note in the original principal amount of $116,800.00, said Security Deed last having been assigned to WELLS FARGO BANK, N.A., AS TRUSTEE ON BEHALF OF LAKE COUNTRY MORTGAGE LOAN TRUST 2006-HE1, the current holder thereof, by Green Tree Servicing LLC, as servicer with delegated authority, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in March, 2013, to-wit: March 5, 2013, during the legal hours of sale, before the Appling County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain lot, tract or parcel of land situate, lying and being in lot of land number 341 in the Second Land District of Appling County, Georgia and being more particularly described as follows: Starting at the intersection of the centerline of Jr. High Drive with the center line of Middlewood Drive; thence North 73 degrees 14 minutes East a distance of 25.0 feet; thence North 22 degrees 59 minutes West a distance of 157.0 feet to the POINT OF BEGINNING; thence South 74 degrees 47 minutes 30 seconds West a distance of 159.75 feet; thence North 22 degrees 59 minutes West a distance of 142.00 feet; thence North 79 degrees 17 minutes 30 seconds East a distance of 164.0 feet; thence South 22 degrees 59 minutes West a distance of 100.0 feet to the said POINT OF BEGINNING. This tract of land consists of lot Numbers 5B and 6 of Block 8 all according to a survey and plat by Merlin J. Tomberlin dated July 7, 1977 which is recorded at Plat Book 9, Page 5 of the Appling County Deed Records.
The aforedescribed real property is also known as 491 Junior High Drive, Baxley, GA 31513, according to the present system of numbering houses in Appling County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of ROBERT F. HARRIS AND SHIRLEY H. HARRIS and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
WELLS FARGO BANK, N.A., AS TRUSTEE ON BEHALF OF LAKE COUNTRY MORTGAGE LOAN TRUST 2006-HE1, BY GREEN TREE SERVICING LLC, AS SERVICER WITH DELEGATED AUTHORITY
as Attorney-in-Fact for
ROBERT F. HARRIS AND SHIRLEY H. HARRIS
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
2-6, 2-13, 2-20 & 2-27ch
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