STATE OF GEORGIA COUNTY of COWETA By virtue of the power of sale contained in that certain Deed to Secure Debt from JOHN G. WALLER, III to WELLS FARGO BANK, N.A. dated March 3, 2008, filed for record March 13, 2008, and recorded in Deed Book 3322, Page 171, COWETA County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 4101, Page 297, COWETA County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated March 3, 2008 in the original principal sum of THREE HUNDRED EIGHTY THOUSAND AND 0/100 DOLLARS ($380,000.00), 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, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in March, 2019, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 322 OF THE 1ST DISTRICT, COWETA COUNTY, GEORGIA, BEING LOT 39 OF SUMMERFIELD SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 86, PAGES 336 THROUGH 342, COWETA COUNTY, GEORGIA RECORDS, WHICH PLAT IS SPECIFICALLY INCORPORATED HEREIN AND MADE A PART HEREOF BY THIS REFERENCE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION. To the best of the knowledge and belief of the undersigned, the party in possession of the property is JOHN G. WALLER, III and JOSEE B. WALLER or a tenant or tenants. Said property may more commonly be known as: 247 FISHERMAN LANE, SENOIA, GA 30276 . 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) 868-0043. 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. *Auction services to be provided by Auction.com (www.auction.com)* WELLS FARGO BANK, N.A. As Attorney-in-Fact for JOHN G. WALLER, III Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 41071 This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
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PostedFebruary 07, 2019