State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERTA L COOK to TMS MORTGAGE INC., DBA THE MONEY STORE , dated 06/24/1996, and Recorded on 07/10/2006 as Book No. 1041 and Page No. 1, COWETA County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $40,600.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the COWETA County Courthouse within the legal hours of sale on the first Tuesday in September, 2018, the following described property: ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 33 OF THE SIXTH LAND DISTRICT OF COWETA COUNTY, GEORGIA, CONTAINING 0.928 ACRES, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT ANDIRON LOCATED ON THE EAST RIGHT OF WAY OF PARKS ROAD WHICH IRON IS 925.13 FEET SOUTH OF THE INTERSECTION MADE BY THE EAST RIGHT OF WAY OF PARKS ROAD WITH THE NORTH LAND LOT LINE OF LAND LOT 33 OF THE 6TH LAND DISTRICT, AS MEASURED IN SAID SOUTHERLY DIRECTION ALONG THE EAST RIGHT OF WAY OF PARKS ROAD, AND FROM SAID POINT OF BEGINNING RUN NORTH 88 DEGREES 58 MINUTES 08 SECONDS EAST 321.70 FEET TO AN IRON; THENCE RUN SOUTH 10 DEGREES 17 MINUTES 30 SECONDS WEST 124.40 FEET TO AN IRON; THENCE RUN SOUTH 87 DEGREES 59 MINUTES 52 SECONDS WEST 327.66 FEET TO AN IRON LOCATED ON THE EAST RIGHT OF WAY OF PARKS ROAD, THENCE RUN NORTH 12 DEGREES 20 MINUTES 55 SECONDS EAST 131.09 FEET ALONG THE EAST RIGHT OF WAY OF PARKS ROAD TO THE POINT OF BEGINNING OF THE PROPERTY CONVEYED HEREIN. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). WELLS FARGO BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with WELLS FARGO BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44 14 162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800 288 3212. Please note that, pursuant to O.C.G.A. § 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 915 PARKS ROAD, NEWNAN, GEORGIA 30263 is/are: ROBERTA L COOK or tenant/tenants. 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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 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. WELLS FARGO BANK, N.A. as Attorney in Fact for ROBERTA L COOK. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000007739865 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
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PostedAugust 09, 2018