Because of a default in the payment of the indebtedness secured by a Security Deed executed by Charles M. Harris to Mortgage Electronic Registration Systems, Inc. dated February 28, 2005, and recorded in Deed Book 401, Page 184, Appling County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $81,748.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, May 1, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, a portion of Original Land District of Appling County, Georgia, a portion of Original Land Lot No. 284, consisting of Subdivision Lot No. 2, Block A, of what is known as the "Ed White" Subdivision, a plat of which is of record on Plat Book 6, Page 94, Appling County Deed Records, and said lot being bound and now or formerly as follows: Northwesterly, Northeasterly and Southwesterly by lands of Gerald Jackson; and Southeasterly by the City Circle Road. Said lot being more fully described as follows: Commencing at a point on the Northerly right-of-way line of City Circle Road, which point is located North 58 degrees 00 minutes East a distance of 500 feet from the point of intersection of the Northwesterly right-of-way line of City Circle Road with the Easterly right-of-way line of State Highway 15 and from said Point of Commencement, run North 21 degrees 00 minutes West a distance of 154 feet; thence run North 59 degrees 45 minutes East a distance of 83 feet; thence run South 39 degrees 00 minutes East a distance of 148 feet to the Northerly right-of-way line of City Circle Road; thence South 58 degrees 00 minutes West along the Northerly right-of-way line of City Circle Road for a distance of 118 feet to the Point of Beginning.
This description according to a survey and plat thereof by Merlin J. Tomberlin, Appling County Surveyor, dated March 16, 1977, a copy of which plat is recorded in Plat Book 8, Page 213, Appling County Deed Records, incorporated herein for all purposes.
This being the same property conveyed from Robert T. Carter and Lynn S. Carter to Rogelio C. Poblete and Leticia Q. Poblete by survivorship deed dated April 1, 1983, recorded in Deed Book 203, Page 102, Appling County Deed Records, the said Rogelio C. Poblete now being deceased.
Said property is known as 1834 City Circle Road, Baxley, GA 31513, together with all fixtures and personal property attached to and constituting a part of said property, if any.
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.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed.
The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Charles M. Harris or a tenant or tenants. 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 Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Charles M. Harris
File no. 06-2060
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke Building, Suite 100
Atlanta, GA 30341-3941
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
2-4, 2-11, 2-18 & 2-25ch
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