CT983 STATE OF GEORGIA COUNTY OF GORDON NOTICE OF SALE UNDER POWER Because of a default in the payment of the indebtedness secured by a Security Deed executed by David Lee Massingill to Wells Fargo Bank, N.A. dated January 10, 2011, and recorded in Deed Book 1691, Page 70, Gordon County Records, securing a Note in the original principal amount of $225,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, August 7, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 304 OF THE 13TH DISTRICT AND 3RD SECTION GORDON COUNTY, STATE OF GEORGIA, MORE FULLY DESCRIBED AS FOLLOWS: CONTAINING 15.00 ACRES AS RECORDED IN PLAT BOOK 33 PAGE 217. BY FEE SIMPLE DEED FROM COY L. COGGINS AND BILL WALRAVEN AS SET FORTH IN DEED BOOK 503, PAGE 673 DATED 02/11/1997 AND RECORDED 02/11/1997, GORDON COUNTY RECORDS, STATE OF GEORGIA. THIS SECURITY DEED IS REFINANCING A SECURITY DEED TO THE SAME ORIGINAL LENDER LOCATED IN BOOK 1448 PAGE 85 WITH THE UNPAID PRINCIPAL BALANCE OF $232,000.00. INTANGIBLE TAX ON THIS SECURITY DEED IS BEING CALCULATED OFF OF THE AMOUNT OF NEW MONEY BEING FINANCED WHICH IS $225,000.00. LESS & EXCEPT: TRACT A: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 304 of the 13th District and 3rd Section of Gordon County, Georgia and being that certain 5.00 acre tract according to a plat of survey entitled "Survey for David Lee Massingill" date of survey, 09/20/2011, date of plat, 09/21/2011 which plat is recorded in the office of the Clerk of Superior Court of Gordon County, Georgia in Plat Book 50, Page 138 and reference is hereby made to said plat for a inure full and complete description of the lands herein conveyed. and TRACT C: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 304 of the 13th district and 3rd Section of Gordon County, Georgia and being that certain 5.00 acre tract according to a plat of survey entitled "Survey for David Lee Massingill" date of survey, 09/20/2011, date of plat, 09/21/2011 which plat is recorded in the office of the Clerk of Superior Court of Gordon County, Georgia in Plat Book 50, Page 138 and reference is hereby made to said plat for a more full and complete description of the lands herein conveyed. Said property is known as 1440 Nicklesville Road, NE, Resaca, GA 30735, together with all fixtures and personal property attached to and constituting a part of said property, if any. 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. Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed. The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David Lee Massingill or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Wells Fargo Bank, NA as Attorney-in-Fact for David Lee Massingill File no. 12-032762 SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Duke Building, Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/KMM www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] 4t-8-1