STATE OF GEORGIA COUNTY of WHITFIELD NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from DAVID J. SIMS, JR to DALTON WHITFIELD BANK dated July 29, 2005, filed for record August 2, 2005, and recorded in Deed Book 4560, Page 0345, WHITFIELD County, Georgia Records, as last transferred to WELLS FARGO BANK, N.A. by assignment recorded in Deed Book 5773, Page 135, WHITFIELD County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated July 29, 2005 in the original principal sum of EIGHTY ONE THOUSAND FIVE HUNDRED THIRTY NINE AND 0/100 DOLLARS ($81,539.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at WHITFIELD County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in November, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO 49 IN THE 12TH DISTRICT AND 3RD SECTION OF WHITFIELD COUNTY, GEORGIA, BEING 0.56 ACRES MORE OR LESS AS PER PLAT OF SURVEY PREPARED BY DONALD O. BABB, GEORGIA REGISTERED LAND SURVEYOR, DATED 4/15/05, RECORDED IN PLAT CABINET D, SLIDE 272, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF WHITFIELD COUNTY, GEORGIA, TO WHICH REFERENCE SAID PLAT IS HEREIN MADE FOR A MORE FULL AND COMPLETE DESCRIPTION OF SAID PROPERTY. To the best of the knowledge and belief of the undersigned, the party in possession of the property is TRACY LEIGH THOMPSON or a tenant or tenants. Said property may more commonly be known as: 279 WILLIAMS ROAD NW, DALTON, GA 30721. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, MAC# X7801-013, FORT MILL, SC 29715-7203; (800) 662-5014. 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 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 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. *Auction services to be provided by Auction.com (www.auction.com)* WELLS FARGO BANK, N.A. As Attorney-in-Fact for DAVID J. SIMS, JR Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 34001 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 09/29 10/06 10/13 10/20 10/27 11/03
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