NOTICE OF SALE UNDER POWER
Pursuant to the Power of Sale contained in a Security Deed given by Bailey Cosby, III to Advanced Mortgage & Investment Corp dated 9/1/2004 and recorded in Deed Book 389 Page 394, MCDUFFIE County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in MCDUFFIE County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 118,146.00, 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 MCDUFFIE County, Georgia, within the legal hours of sale on the first Tuesday in October, 2012 (October 2, 2012), the following described property:
All that lot or parcel of land, with improvements thereon, situate, lying and being in McDuffie County, Georgia, containing 0.92 acre, and being more particularly described by Plat of Survey thereof prepared by William L. Johnson, Georgia R.L.S. No. 1750, dated August 3, 1999, copy of which is recorded in Plat Record S at page 394G in the office of the Clerk of Superior Court of McDuffie County, Georgia, and to which Plat and the official record thereof reference is hereby specifically made in aid of and for a more complete and detailed description of said lot as to its courses, bounds, metes and distances.
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 fees (notice of intent to collect attorney fees having been given).
Said property is commonly known as 811 Central Road, Thomson, Georgia 30824 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): Bailey Cosby, III 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
Bailey Cosby, III
Aldridge Connors, LLP,
3575 Piedmont Road, N.E.,
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. 1000-6673595
Aug. 1, 8, 15, 22, 29
Sept. 5, 12, 19, 26