Pursuant to the Power of Sale contained in a Security Deed given by Charles M Harris to Mortgage Electronic Registration Systems, Inc. as nominee for Home America Mortgage, Inc. dated 2/28/2005 and recorded in Deed Book 401 Page 184, Appling County, Georgia records; as last transferred to or acquired by Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 81,748.00, 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 September 03, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
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 in Plat Book 6, page 94, Appling County deed records, and said lot being bound 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°00' East a distance of 500 feet from the point of intersection of the northerly 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°00' West a distance of 154 feet; thence run North 59°45' East a distance of 83 feet; thence run South 39°00' East a distance of 148 feet, to the Northerly right-of-way line of City Circle Road; thence South 58°00' 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.
The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 1834 City Circle, Baxley, GA 31513-7065 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Charles M Harris or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Wells Fargo Bank, NA
3476 Stateview Boulevard
Fort Mill, SC 29715
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 non-judicial 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 immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Charles M Harris
Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-667498059A
8-7, 8-14, 8-21 & 8-28ch