13-0143L Notice of Sale Under Power. State of Georgia, County of SPALDING. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by DONNA E CROOK to TMS MORTGAGE INC., DBA THE MONEY STORE , dated 05/25/2000, and Recorded on 06/02/2000 as Book No. 1765 and Page No. 217, SPALDING County, Georgia records, as last assigned to WELLS FARGO BANK , N.A., SUCCESSOR BY MERGER TO WES HOLDING CORPORATION, SUCCESSOR BY MERGER TO WACHOVIA EQUITY SERVICING, LLC, SUCCESSOR BY MERGER TO EQUITY SERVICING CORPORATION, SUCCESSOR BY MERGER TO HOMEQ SERVICING CORPORATION, SUCCESSOR BY MERGER TO TMS MORTGAGE, INC., DBA THE MONEY STORE (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $63,000.00, 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 SPALDING County Courthouse within the legal hours of sale on the first Tuesday in March, 2013, the following described property: THE REAL ESTATE IN THE COUNTY OF SPALDING, IN THE STATE OF GEORGIA, DESCRIBED AS FOLLOWS: ALL THAT LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 20 OF THE THIRD LAND DISTRICT OF ORIGINALLY MONROE, NOW SPALDING COUNTY GEORGIA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, MARKED BY AN IRON STAKE LOCATED ON THE NORTH RIGHT OF WAY OF KATHY LANE, WHICH POINT LIES NORTH 88 DEGREES 44 MINUTES 06 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY OF KATHY LANE A DISTANCE OF 1250.0 FEET FROM THE INTERSECTION OF THE NORTH RIGHT OF WAY OF KATHY LANE WITH THE EAST RIGHT OF WAY OF STATE ROUTE NO. 155; RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 1 DEGREE 15 MINUTES 54 SECONDS WEST A DISTANCE OF 405.6 FEET TO AN IRON STAKE LOCATED ON THE NORTH BOUNDARY LINE OF LAND LOT 20; RUNNING THENCE NORTH 88 DEGREES 44 MINUTES 06 SECONDS EAST ALONG SAID BOUNDARY LINE A DISTANCE OF 200.0 FEET TO AN IRON STAKE, THENCE SOUTH 1 DEGREE 15 MINUTES 54 SECONDS EAST A DISTANCE OF 405.6 FEET TO AN IRON STAKE LOCATED ON THE NORTH RIGHT OF WAY OF KATHY LANE; RUNNING THENCE SOUTH 88 DEGREES 44 MINUTES 06 SECONDS WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 200.0 FEET TO THE POINT OF BEGINNING. 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., SUCCESSOR BY MERGER TO WES HOLDING CORPORATION, SUCCESSOR BY MERGER TO WACHOVIA EQUITY SERVICING, LLC, SUCCESSOR BY MERGER TO EQUITY SERVICING CORPORATION, SUCCESSOR BY MERGER TO HOMEQ SERVICING CORPORATION, SUCCESSOR BY MERGER TO TMS MORTGAGE, INC., DBA THE MONEY STORE 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., SUCCESSOR BY MERGER TO WES HOLDING CORPORATION, SUCCESSOR BY MERGER TO WACHOVIA EQUITY SERVICING, LLC, SUCCESSOR BY MERGER TO EQUITY SERVICING CORPORATION, SUCCESSOR BY MERGER TO HOMEQ SERVICING CORPORATION, SUCCESSOR BY MERGER TO TMS MORTGAGE, INC., DBA THE MONEY STORE (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, 803-396-6000. 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 47 KATHY LANE, GRIFFIN, GEORGIA 30224 is/are: DONNA E CROOK 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., SUCCESSOR BY MERGER TO WES HOLDING CORPORATION, SUCCESSOR BY MERGER TO WACHOVIA EQUITY SERVICING, LLC, SUCCESSOR BY MERGER TO EQUITY SERVICING CORPORATION, SUCCESSOR BY MERGER TO HOMEQ SERVICING CORPORATION, SUCCESSOR BY MERGER TO TMS MORTGAGE, INC., DBA THE MONEY STORE as Attorney in Fact for DONNA E CROOK. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20130169800356 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398. February 8, 15, 22, & March 1, 2013.<br /><br />CLASS: