NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF CAMDEN
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JUSTIN D. AYARS to WELLS FARGO BANK, N.A. , dated 05/01/2009, and Recorded on 05/06/2009 as Book No. 1475 and Page No. 165, CAMDEN County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $160,350.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the CAMDEN County Courthouse within the legal hours of sale on the first Wednesday in January, 2013, the following described property:
ALL THAT LOT, TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF ST. MARYS, 29TH G.M. DISTRICT, CAMDEN COUNTY, GEORGIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF LOT TWENTY THREE (23), CROOKED RIVER PLANTATION SUBDIVISION, SECTION ONE, PHASE 2-A, AS MORE FULLY AND ACCURATELY SHOWN AND DESCRIBED ON THAT PLAT OF SURVEY BY PARK D. PRIVETT, JR., GEORGIA REGISTERED LAND SURVEYOR, NO. 2218, DATED JANUARY 16, 1987, AND RECORDED IN PLAT DRAWER 5, FOLIO 141, IN THE PUBLIC RECORDS OF CAMDEN COUNTY, GEORGIA.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). WELLS FARGO BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with WELLS FARGO BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44-14-162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 803-396-6000. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 104 PLANTATION CRT, ST. MARYS, GEORGIA 31558 is/are: JUSTIN D AYARS or tenant/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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 nonjudicial 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 in the preceding paragraph.
WELLS FARGO BANK, N.A. as
Attorney in Fact for JUSTIN D. AYARS
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398
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