NOTICE OF SALE UNDER POWER
Pursuant to the Power of Sale contained in a Security Deed given by Christopher H. Ruark and Tanya L. Ruark to Wells Fargo Bank, N.A. dated 6/25/2009 and recorded in Deed Book 1030 Page 576, OCONEE County, Georgia records; as last transferred to Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 174,298.00, 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 OCONEE County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012 (December 04, 2012), the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 225th District, G.M., Oconee County, Georgia, containing 1.435 acres, more or less, and being more particularly shown on a survey entitled "Survey for Robert A. Arthur, Jr. and Terry Arthur", dated March 26, 1979, by Landmark Engineering Corporation, J.R. Holland, Registered Land Surveyor, and recorded in Plat Book 8, Page 122, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
LESS AND EXCEPT: All that tract or parcel of land conveyed in a Right of Way Deed to Oconee County, Georgia, dated July 24, 1990 and recorded in Deed Book 124, page 81, Oconee County 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 fees (notice of intent to collect attorney fees having been given).
Said property is commonly known as 1230 Kennedy Road, Arnoldsville, GA 30619 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): Christopher H. Ruark and Tanya L. Ruark or tenant or tenants.
Wells Fargo Bank, NA 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 Bank, NA
3476 Stateview Boulevard
Fort Mill, SC 29715
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) 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, NA as agent and
Attorney in Fact for
Christopher H. Ruark and Tanya L. Ruark
Aldridge Connors, LLP
15 Piedmont Center
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. 1000-667489275