NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF LANIER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Seth A. Barta and Christina M. Barta to Mortgage Electronic Registration Systems, Inc. as nominee for Home Loan Center, Inc., dba LendingTree Loans. dated January 17, 2008, and recorded in Deed Book 189, Page 278, Lanier County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, NA by Assignment, securing a Note in the original principal amount of $164,900.00, 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 the first Tuesday, February 5, 2013, 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:
All that tract or parcel of land situate, lying and being in Land Lot 494 of the 10th Land District of Lanier County, Georgia, being more particularly described as Lot 16 of Banks Lake Pointe Subdivision as shown on that certain map or plat of survey entitled "Final Plat of B Banks Lake Pointe" dated September 29, 2005, and recorded in Plat Cabinet A, Slide Number 131J in the Office of the Clerk of the Superior Court of Lanier county, Georgia. Said plat is incorporated herein for all purposes including in aid of description.
Said property is known as 79 Live Oak Trail, Lakeland, GA 31635, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of Seth A. Barta and Christina M. Barta, successor in interest or tenant(s).
Wells Fargo Bank, NA
as Attorney-in-Fact for Seth A. Barta and Christina M. Barta
File no. 10-013594
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
HYPERLINK "http://www.swertfeger.net" www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.