NOTICE OF SALE UNDER POWER.
NOTICE OF SALE UNDER POWER.
State of Georgia,
County of MCINTOSH.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOHN EVANS to WELLS FARGO BANK, N.A., dated 02/21/2007, and Recorded on 02/26/2007 as Book No. 464 and Page No. 111, MCINTOSH County, Georgia records, as last assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST 2007-WF1 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $116,900.00, 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 MCINTOSH County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1515TH G.M. DISTRICT OF MCINTOSH COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS LOT NUMBER FORTY THREE (43), COASTAL PINES SUBDIVISION, PHASE I, AS SHOWN AND REPRESENTED ON THAT CERTAIN PLAT OF SURVEY MADE AND PREPARED BY CHARLES H. TOMBERLIN, GEORGIA REGISTERED LAND SURVEYOR NO. 2973, DATED OCTOBER 28, 2004, AND BEING RECORDED IN PLAT CABINET 1, SLIDE 225K AND 225L, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF MCINTOSH COUNTY, GEORGIA SAID PLAT BY SPECIFIC REFERENCE IS MADE A PART HEREOF FOR DESCRIPTIVE AND ALL OTHER PURPOSES. SAID LOT OF LAND BEING BOUNDED, NOW OR FORMERLY AS FOLLOWS: NORTHERLY BY THE RIGHT OF WAY OF MCLOW LANE; EASTERLY BY LOT NO. 42; SOUTHERLY BY LOT NO. 38 AND LOT NO. 37; AND WESTERLY BY LOT NO. 4, ALL AS SHOWN ON THE ABOVE REFERRED PLAT OF SURVEY.
THIS CONVEYANCE IS MADE SUBJECT TO THOSE CERTAIN RESTRICTIVE COVENANTS OF COASTAL PINES SUBDIVISION, PHASE I, DATED DECEMBER 10, 2004, AND RECORDED IN DEED BOOK 383, PAGE 417-428, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF MCINTOSH 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). DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST 2007-WF1 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST 2007-WF1 (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 43 MCLOW LANE, TOWNSEND, GEORGIA 31331 is/are: JOHN EVANS 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.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSI ASSET SECURITIZATION
CORPORATION TRUST 2007-WF1
as Attorney in Fact for
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