NOTICE OF SALE
STATE OF GEORGIA
COUNTY of COWETA
By virtue of the power of sale contained in that certain Deed to Secure Debt from LOIS Z. MITCHELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MARKET STREET MORTGAGE CORPORATION dated May 3, 2007, filed for record May 8, 2007, and recorded in Deed Book 3182, Page 474, COWETA County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 4061, Page 591, COWETA County, Georgia Records, as last transferred to WELLS FARGO BANK, N.A. by assignment recorded in Deed Book 3856, Page 555, COWETA County, Georgia Records, Deed to Secure Debt having been given to secure a Note dated May 3, 2007 in the original principal sum of FORTY THOUSAND AND 0/100 DOLLARS ($40,000.00), 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 COWETA County, Georgia, within the legal hours of sale on the first Tuesday in November, 2014, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 4 OF THE 5TH DISTRICT OF COWETA COUNTY, GEORGIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH SIDE OF THE COUNTY ROAD LEADING FROM THE BELT ROAD TO FOURTH STREET, WHICH SAID POINT IS 555.7 FEET EAST OF THE NORTHEAST CORNER OF TRACT 3 OF THE SUBDIVISION KNOWN AS PROPERTY OF CHARLIE BARBER (TRACT 3 NOW BEING OWNED BY IDA INGRAM), AS SHOWN BY PLAT OF SURVEY MADE BY T.Y. MATTOX, SURVEYOR, ON APRIL 23, 1955, AS MEASURED ALONG THE SOUTH SIDE OF SAID ROAD, AND RUNNING THENCE SOUTH 1 DEGREE 30 MINUTES WEST 150 FEET; THENCE WESTERLY PARALLEL WITH SAID COUNTY ROAD 75 FEET; THENCE NORTH 1 DEGREE 30 MINUTES EAST 150 FEET; THENCE EASTERLY ALONG THE SOUTH SIDE OF SAID ROAD 75 FEET TO THE BEGINNING POINT.
THE ABOVE DESCRIBED PROPERTY IS A STRIP OF LAND FRONTING NORTH 75 FEET ON THE SOUTH SIDE OF SAID ROAD AND RUNNING BACK AN EQUAL WIDTH 150 FEET AND IS OUT OF THE NORTHEAST CORNER OF PROPERTY CONVEYED BY WILLENA TERRELL AND JEANIE MAE BARBER TO IDA INGRAM ON MARCH 11, 1948 BY DEED RECORDED IN DEED BOOK 52, PAGE 163, COWETA COUNTY, GEORGIA RECORDS.
CAPTIONED PROPERTY IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD AFFECTING SAID PROPERTY.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is LOIS Z. MITCHELL or a tenant or tenants. Said property is more commonly known as: 344 WESTSIDE SCHOOL ROAD, NEWNAN, GA 30263.
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 LOIS Z. MITCHELL.
WELLS FARGO BANK, N.A.
As Attorney-in-Fact for
LOIS Z. MITCHELL
Phelan Hallinan & Jones, LLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
PH # 20946
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.