By virtue of the power of sale contained in that certain Deed to Secure Debt from ROBERT M. HOLLAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMEOWNERS MORTGAGE ENTERPRISES, INC. dated January 22, 2010, filed for record January 25, 2010, and recorded in Deed Book 465, Page 72, APPLING County, Georgia Records, as last transferred to WELLS FARGO BANK, NA by assignment recorded in Deed Book 506, Page 135, APPLING County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated January 22, 2010 in the original principal sum of SIXTY ONE THOUSAND THREE HUNDRED SIXTY SEVEN AND 0/100 DOLLARS ($61,367.00), 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 APPLING County, Georgia, within the legal hours of sale on the first Tuesday in August, 2014, 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 A PORTION OF ORIGINAL LOT OF LAND NO. 283, AND BEING LOT NO. 4, BLOCK NO. 1 OF WHAT IS KNOWN AS SHADY ACRES, A SUBDIVISION, A PLAT OF SAID SUBDIVISION BEING RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, APPLING COUNTY, GEORGIA, IN PLAT BOOK 3, PAGE 113. SAID LOT BEING MORE FULLY AND ACCURATELY DESCRIBED ACCORDING TO A SURVEY AND PLAT THEREOF BY OLEN J. BAXLEY, COUNTY SURVEYOR, DATED NOVEMBER 24, 1959, AND SHOWING THE DISTANCES AND COURSES AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHWESTERN SIDE OF JOHNS LANE 1901 FEET NORTH 32 DEGREES 20 MINUTES WEST FROM THE INTERSECTION OF SAID JOHNS LANE WITH THE NORTHWEST RIGHT-OF-WAY LINE OF U. S. HIGHWAY NO. 1; AND RUNNING FROM SAID POINT ALONG THE SOUTHWESTERN SIDE OF JOHNS LANE NORTH 32 DEGREES 20 MINUTES WEST FOR A DISTANCE OF 120 FEET; THENCE TURNING AND RUNNING SOUTH 57 DEGREES 40 MINUTES WEST FOR A DISTANCE OF 314 FEET; THENCE TURNING AND RUNNING SOUTH 0 DEGREES 28 MINUTES EAST FOR A DISTANCE OF 93 FEET; THENCE TURNING AND RUNNING SOUTH 25 DEGREES 50 MINUTES EAST FOR A DISTANCE OF 116 FEET; THENCE TURNING AND RUNNING NORTH 46 DEGREES 24 MINUTES EAST FOR A DISTANCE OF 387.55 FEET TO THE POINT OF BEGINNING. SAID LOT FRONTING ON THE SOUTHWESTERN SIDE OF JOHNS LANE FOR A DISTANCE OF 120 FEET AND RUNNING BACK TO WHAT IS KNOWN AS THE HARDEN LAND AND THE DUNN LAND, BEING BOUNDED; NORTHWEST BY LOT NO. 3, BLOCK NO. 1, SAID SUBDIVISION; NORTHEAST BY JOHNS LANE; SOUTHEAST BY LOT NO. 5, BLOCK 1, SAID SUBDIVISION OWNED BY ROGER O. WHITE; AND SOUTHWEST BY THE DUNN LANDS AND THE HARDEN LANDS, THE WEST BOUNDARY LINE OF SAID SUBDIVISION DIVIDING.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is ROBERT M. HOLLAND and JUDITH A. BAKER or a tenant or tenants. Said property is more commonly known as: 379 JOHNS LANE, BAXLEY, GA 31513.
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 attorney’s fees (notice of intent to collect attorney’s 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.
Said property will be sold as the property of ROBERT M. HOLLAND and JUDITH A. BAKER.
WELLS FARGO BANK, NA
As Attorney-in-Fact for
ROBERT M. HOLLAND
Phelan Hallinan & Jones, LLC
303 Perimeter Center North, Suite 800
Atlanta, GA 30346
PH # 18087
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
PH # 18087
7-9, 7-16, 7-23, 7-30ch
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