NOTICE OF SALE UNDER
POWER, PUTNAM COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Dennis Moloney and Penelope Douglas Moloney to Wachovia Bank, NA dated 6/4/2007 and recorded in Deed Book 603 Page 320, Putnam County, Georgia records; as last transferred to Wells Fargo Bank, N.A. s/b/m Wachovia Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 50,677.50, 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 Putnam County, Georgia, within the legal hours of sale on February 5, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land lying and being in the 3rd Land District, Land Lot 376, 389th G.M.D., Putnam County, Georgia and being more particularly described and designated as Lot# 3N, containing 2.01 acres, more or less, located on Sebastrian Drive and further described as follows: Beginning at the intersection of Sebastian Drive and Bradford Drive S 37 degrees 10' 30" W, 230.10 feet to an iron pin found and the Point of Beginning; thence S 15 degrees 06' 04" W 102.90 feet to a traverse point; thence S 04 degrees 20' 21" W, 104.75 feet to an iron pin set; thence S 06 degrees 25' 34" E, 97.84 feet to a traverse point, thence S 16 degrees 01' 10" E, 104.51 feet to a traverse point; thence S 22 degrees 50' 42" E, 12.16 feet to an iron pin set and the TRUE POINT OF BEGINNING, thence S 22 degrees 50' 42" E, 89.10 feet to a traverse point, thence S 24 degrees 13' 09" E, 125.4 feet to an iron pin found; thence S 87 degrees 12' 13" W, 203.78 feet to an iron pin found; thence S 72 degrees 51' 21" W, 202.19 to an iron pin set; thence N 21 degrees 04' 18" W 263.68 feet to an iron pin set; thence S 87 degrees 10' 49" W, 406.00 feet to an iron pin found and the TRUE POINT OF BEGINNING.
Said property more fully shown on that survey prepared by Robert H. Harwell, RLS# 1683 on August 26, 2006 and approved by Putnam County Planning & Development on September 26, 2006. Said property being a portion of that 23.24 acres, more or less, shown on survey prepared by Robert H. Harwell RLS# 1683 dated August 24, 2004, filed at Plat Book 29, page 17B, Putnam County, Georgia records and conveyed to Robert G. Stevens and Patricia A. Stevens by virtue of a Warranty Deed dated April 21, 2006 from Oconee Design and Development Company, filed April 28, 2006 at Deed Book 545, pages 551-552, Putnam County, Georgia records.
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). Wells Fargo Bank, N.A. is the current owner of the loan.
Said property is commonly known as Lot 3N Sebastion Cove Subdivision, Eatonton, Georgia 31024 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): Dennis K Moloney and Penelope D. Moloney or tenant or tenants.
Wells Fargo Home Equity Collections Group is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Wells Fargo Home Equity Collections Group
Wells Fargo Home Equity Solutions
7000 Vista Drive
West Des Moines, IA 50266
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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, N.A.
s/b/m Wachovia Bank, NA
as agent and Attorney in Fact for
Dennis Moloney and
Penelope Douglas Moloney
Aldridge Connors, LLP,
3575 Piedmont Road, N.E., Suite 500,
Atlanta, Georgia 30305,
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1125-6774100