State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOHN F VERMAELEN to WELLS FARGO BANK, N.A. , dated 02/21/2007, and Recorded on 03/12/2007 as Book No. 3149 and Page No. 468 484, 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 $25,000.00, 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 March, 2019, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 247 OF THE 1ST DISTRICT OF COWETA COUNTY, GEORGIA, CONTAINING 3.31 ACRES, MORE OR LESS, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND, SAID PIN BEING FOUND 946.4 FEET NORTH FROM THE INTERSECTION FORMED BY THE MEETING OF LAND LOTS 247, 248, 261 AND 262; THENCE RUN NORTH 01 DEGREES 34 MINUTES 32 SECONDS EAST A DISTANCE OF 12.93 FEET TO AN IRON PIN FOUND, THENCE RUN SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 270.55 FEET TO A POINT, THENCE RUN SOUTH 45 DEGREES 05 MINUTES 09 SECONDS WEST A DISTANCE OF 643.25 FEET TO AN IRON PIN FOUND ON THE NORTHERN RIGHT OF WAY OF NORTON ROAD (A 50 FOOT RIGHT OF WAY), THENCE RUN SOUTH 59 DEGREES 30 MINUTES 40 SECONDS EAST A DISTANCE OF 99.19 FEET TO A POINT, THENCE CONTINUE ALONG SAID NORTHERN RIGHT OF WAY OF NORTON ROAD AN ARC DISTANCE OF 104.41 FEET TO AN IRON PIN FOUND, SAID ARC DISTANCE BEING SUBTENDED BY A CHORD DISTANCE OF 103.94 FEET AND A CHORD BEARING OF SOUTH 48 DEGREES 58 MINUTES 46 SECONDS EAST; THENCE LEAVING SAID RIGHT OF WAY OF NORTON ROAD RUN NORTH 45 DEGREES 06 MINUTES 18 SECONDS EAST A DISTANCE OF 793.10 FEET TO AN IRON PIN FOUND AND THE POINT OF BEGINNING. ALL AS MORE FULLY DESCRIBED ON THAT CERTAIN PLAT OF SURVEY PREPARED FOR JOHN F. VERMAELEN, BY SOUTHERN SURVEYING, INC., DATED 6 6 02. SAID PLAT OF SURVEY IS HEREBY INCORPORATED BY REFERENCE AND MADE A PART HEREOF FOR A MORE ACCURATE DESCRIPTION. 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 263 NORTON ROAD, SENOIA, GEORGIA 30276 is/are: JOHN F VERMAELEN 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 JOHN F VERMAELEN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000008089567 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
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PostedFebruary 07, 2019