Legal No. 12007
Legal No. 12007<br /><br />Nov. 8, 15, 21, 29, 2012<br /><br />NOTICE OF SALE<br /><br />UNDER POWER<br /><br />STATE OF GEORGIA<br /><br />COUNTY OF JASPER<br /><br />Under and by virtue of the Power of Sale contained in a Security Deed given by Dan E. Wells and Sundea A. Wells a/k/a Sundea A Healey to Homeowners Loan Corp. , dated October 26, 2002, recorded on November 8, 2002 in Deed Book 379, Page 340-350, Jasper County, Georgia Records, said Security Deed having been last sold, assigned, transferred and conveyed to JC Gemini III, LLC, the secured creditor, by Assignment conveying the after-described property to secure a Note in the original principal amount of Fifty-Eight Thousand One Hundred Twenty-Five and 00/100 DOLLARS ($58,125.00), with interest thereon as set forth therein, 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 December 4, 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:<br /><br />SITUATED in Jasper County, Georgia and being more particularly described as follows: All that tract or parcel of land situate, lying and being in Land Lot 159 of the 18th Land District of Jasper County, Georgia and being Property 1 in Flamingo II Addition to Turtle Cove, as shown on plat recorded in Plat Book 4, Page 113, Clerk s Office, Jasper Superior Court, which said plat, together with all easements and declarations of covenants and restrictions noted thereon and any amendments thereto, incorporated by reference as part of this description. ALSO all that tract or parcel of land, situate, lying and being in Land Lot 159 of the 18th Land District of Jasper County, Georgia and being Property 2 in Flaningo II Addition to Turtle Cove, as shown on plat recorded in Plat book 4, Page 113, Clerk`s Office, Jasper Superior Court which said plat together with all easements and declarations of covenants and restrictions noted thereon and any amendments thereto are incorporated by reference as part of this description. The above legal description being the same as last deed of record, no boundary survey having been made at the time of this coveyance. BEING the same property conveyed to Dan E. Wells and Sundea A. Wells, by deed from Robert Gilbert, dated August 10, 1998, recorded August 10, 1998 in Book 229, Page 256, in the Office of the Superior Court of Jasper County, Georgia.<br /><br />Said property is known as 98 Heron Court, Monticello, GA 31064, together with all fixtures and personal property attached to and constituting a party of said property, if any.<br /><br />Said property will be sold as the property of Dan E. Wells and Sundea A. Wells a/k/a Sundea A Healey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Dan E. Wells and Sundea A. Wells a/k/a Sundea A Healey or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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.<br /><br />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 of the audit of the status of the loan as provided immediately above.<br /><br />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 Security Deed and by law, including, without limitation, attorneys fees. Notice has been given of intention to collect attorneys fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.<br /><br /> Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage on behalf of the secured creditor, JC Gemini III, LLC, is as follows: JC GEMINI II, LLC, 2025 WEST BALBOA BLVD., SUITE C, NEWPORT BEACH, CA 92663, 949-723-5500. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.<br /><br />JC Gemini III, LLC<br /><br />as Attorney in Fact for<br /><br />Dan E. Wells and Sundea A. Wells a/k/a Sundea A Healey<br /><br />Morris|Hardwick|Schneider, LLC<br /><br />1301 Hightower Trail, <br /><br />Suite 305 <br /><br />Sandy Springs, Georgia 30350<br /><br />http://foreclosure.closingsource.net<br /><br />THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.