12-0912L NOTICE OF SALE UNDER POWER, SPALDING COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Paul Maddox and Sandra Maddox to Mortgage Electronic Registration Systems, Inc., as nominee for First Magnus Corporation, An Arizona Corporation dated 12/15/2005 and recorded in Deed Book 2818 Page 109, Spalding County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Spalding County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 49,111.00, 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 Spalding County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012 (August 7, 2012), the following described property: All that tract, lot or parcel of land situate, lying and being in Spalding County, Georgia, and more fully described as follows: Same being known as Lot Twenty-Two (22) in Block "A" in the Eastbrook Subdivision, as shown by plat of said Addition, dated September 22, 1924, and recorded in Deed Book 45, page 489, in the Office of the Clerk of the Superior Court of Spalding County, Georgia, and by reference, said plat is incorporated herein and made a part of this description, and said lot is bounded on the north by H. R. Daniel; on the west by Dundee Mill Public Road; on the south by Frank Goolsby; and on the east by Ernest Gaddy. Located on above described tract of land is one small frame dwelling. This is the same property as described in deed from H. R. Daniel to Ernest Pritchett, dated May 1955, and recorded May 16, 1955, in Deed Book 148, page 303, in the Office of the Clerk of the Superior Court of Spalding County, Georgia. ALSO: All that tract or parcel of land lying and being in Spalding County, Georgia, same being a rectangular strip of land fronting on Irving Street Twenty (20) feet, and extending in an easterly direction of even width Ninety-four and four-tenths (94.4) feet, same being off the south portion of Lots 1 and 2 in Block A of Eastbrook Addition, a plat of said addition is recorded in Spalding County, Georgia, and by reference said plat is incorporated herein and made a part of this description. Said tract of land may be more particularly described according to said plat of survey as follows: BEGINNING at a point on the east property line of Irving Street One hundred Sixty (160) feet south of a point where the south property line of High Falls Road intersects the east property line of Irving Street, and from said beginning point continuing in a southerly direction along the east property line of Irving Street Twenty (20) feet to a point marking the southwest corner of Lot 22 in Block A of said Addition; thence in an easterly direction of even width and parallel to the south lines of Lots 1 and 2 of Block A of said addition a distance of Ninety-four and four- tenths (94.4) feet, and bounded as follows: North by remaining portions of Lots 1 and 2 owned by grantor herein; east by Lot 3 of Block A of said subdivision owned by Mrs. Ernest Gaddy; south by Lot 22 of Block A of said addition owned by grantee herein; and west by Irving Street. ALSO: All that tract or parcel of land lying and being in Spalding County, Georgia, same being a rectangular strip of land fronting on Irving Street Twenty (20) feet, and extending in an easterly direction of even width Ninety-four and four-tenths (94.4) feet, same being off the south portion of Lots 1 and 2 in Block A of Eastbrook Addition, a plat of said Addition is recorded in Deed Book 45, page 489 of the records of the Clerk of Superior Court, Spalding County, Georgia, and by reference said plat is incorporated herein and made a part of this description. Said tract of land may be more particularly described according to said plat of survey as follows: BEGINNING at a point on the east property line of Irving Street One hundred Forty (140) feet south of a point where the south property line of High Falls Road intersects the east property line of Irving Street, and from said beginning point continuing in a southerly direction along the east property line of Irving Street, Twenty (20) feet to a point marking the southwest corner of the property for H. R. Daniel in said Lot 1; thence in a Easterly direction of even width a distance of Ninety-four and four-tenths (94.4) feet, and bounded as follows: North by remaining portions of Lots 1 and 2 owned by grantor herein; east by Lot 3 of Block A of said subdivision owned by Mrs. Ernest Gaddy; south by other property of Frank E Smith, previously deeded by H. R. Daniel and West by Irving Street. This conveyance is in addition to a like amount of land deeded September 25, 1956 and recorded in Deed Book 159, page 295 of the records of the Clerk of Superior Court, Spalding County, Georgia. 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 208 Irving Avenue, Griffin, Georgia 30223 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): Mary H Duffie and Sandra Maddox or tenant or 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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) 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 Paul Maddox and Sandra Maddox Aldridge Connors, LLP, 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. 1000-6671590 July 13, 20, 27, & August 3, 2012.<br /><br />CLASS: