Notice of Sale Under Power. State of Georgia, County of WHITFIELD. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by GREG SMITH to WELLS FARGO BANK, N.A. , dated 09/01/2005, and Recorded on 09/12/2005 as Book No. 4589 and Page No. 0329, AS AFFECTED BY BOOK 5226, PAGE 40; BOOK 5286, PAGE 123 AND BOOK 5660, PAGE 60, WHITFIELD 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 $90,800.00, 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 INSIDE THE COURTHOUSE IN THE LOWER ATRIUM (BASEMENT) within the legal hours of sale on the first Tuesday in August, 2017, the following described property: ALL OF THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 119 AND 120 IN THE 11TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA: BEING LOT TWENTY (20) OF COHUTTA RIDGE ESTATES SUBDIVISION, AS SHOWN ON SURVEY PREPARED BY JOHN DIDICHER, REGISTERED LAND SURVEYOR, RECORDED IN PLAT CABINET C, SLIDE 703, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA, TO WHICH REFERENCE SAID PLAT IS BEING HEREIN MADE FOR A MORE FULL AND COMPLETE DESCRIPTION OF SAID PROPERTY. BEING THE SAME PROPERTY CONVEYED TO GREG SMITH BY DEED FROM THOMAS R. DURKAN, III, DATED 06/30/04 AND RECORDED IN BOOK 4285, PAGE 172, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA. FOR PRIOR TITLE: BEING THE SAME PROPERTY CONVEYED TO THOMAS R. DURKAN, III BY DEED FROM SECRETARY OF VETERANS AFFAIRS, DATED 06/19/2003 AND RECORDED IN BOOK 3976, PAGE 79, IN THE SAID CLERK'S OFFICE. SUBJECT TO EASEMENTS, SETBACKS AND ALL OTHER MATTERS AS SHOWN ON RECORDED PLAT. M/P 11 120 02 020 GR COMMONLY KNOWN AS: 4781 TREE TOP LANE, COHUTTA, GA 30710 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 FEDERAL HOME LOAN MORTGAGE CORPORATION (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, 800 288 3212. 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 4781 TREE TOP LANE, COHUTTA, GEORGIA 30710 is/are: GREG SMITH 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 GREG SMITH. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006858641 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
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