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Notice of Sale Under Power.
Jan 09, 2013 | 284 views | email to a friend | print

Notice of Sale Under Power.

State of Georgia,

County of OCONEE.

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES E WALKER to NORWEST MORTGAGE, INC., dated 03/18/1994, and Recorded on 03/28/1994 as Book No. 284 and Page No. 182, OCONEE County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CWMBS REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERIES 2005-R3 (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $107,600.00, 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 OCONEE County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property:

ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 240TH C.M.D., OCONEE COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS LOT II, PLEASANT HILL SUBDIVISION, AS SHOWN ON A PLAT ENTITLED "SURVEY FOR JAMES E. WALKER & C. DIANNE WALKER," DATED MARCH 17, 1994 BY LANDMARK ENGINEERING CORPORATION, SAID PLAT BEING RECORDED AT PLAT BOOK 25, PAGE 84 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF OCONEE COUNTY, GEORGIA AND BEING INCORPORATED HEREIN BY REFERENCE FOR A MORE PARTICULAR DESCRIPTION.

THE RESIDENCE SITUATED UPON THE ABOVE REFERENCED PROPERTY IS KNOWN AND DESIGNATED AS 1201 PLEASANT HILL ROAD ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN WATKINSVILLE, OCONEE 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).

U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CWMBS REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERIES 2005-R3 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CWMBS REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERIES 2005-R3 (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., ONE HOME CAMPUS, DES MOINES, IA 50328, 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 1201 PLEASANT HILL RD, WATKINSVILLE, GEORGIA 30677 is/are: JAMES E WALKER 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.

U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CWMBS REPERFORMING LOAN REMIC TRUST CERTIFICATES, SERIES 2005-R3 as Attorney in Fact for JAMES E WALKER.

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

20120058300513

BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP

15000 Surveyor Boulevard

Addison, Texas 75001

Telephone: (972) 341-5398

SUP: 1/10,17,24,31