NOTICE OF SALE UNDER POWER,
Pursuant to the Power of Sale contained in a Security Deed given by Shawn Kesler to Mortgage Electronic Registration Systems, Inc. as nominee for Homestar Financial Corp. dated 1/7/2019 and recorded in Deed Book 1183 Page 189 Habersham County, Georgia records; as last transferred to or acquired by Wells Fargo Bank, N.A., conveying the after-described property to secure a Note in the original principal amount of $155,138.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Habersham County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on December 3, 2019 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in Land Lot 177 of the 10th Land District of Habersham County, Georgia, being designated as Lot 77, of Ivy Hills Subdivision, Phase Two, consisting of 0.710 acre, more or less, on a plat of survey prepared by Lovell,Duvall, Miller & Associates, Inc., G.R.L.S., dated November 9, 2005 recorded in Plat Book 57, page 276, of the Habersham County, Georgia Plat Records, said plat is incorporated herein by reference for a morecomplete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above-described property via the courses of the existing subdivision roads as shown on above-referencedsurvey. Subject to Protective Covenants for Ivy Hills Subdivision, Phase 2, recorded in Deed Book 739, page 470.
Subject to all easements, restrictions, reservations, set-backs, and rights-of-way of record or those delineated on the above-referenced plat of survey, if any.
This is the same property conveyed to Margaret B. Fleming and Ryan C. Fleming by virtue of a Joint Tenancy with Survivorship Warranty Deed from Steven E. Waggoner, dated April, 24, 2013, recorded in Deed Book 1026, Page 202.The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 315 Sundew Ln, Mount Airy, GA 30563 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Shawn Kesler or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Wells Fargo Bank, NA
3476 Stateview Boulevard
Fort Mill, SC 29715
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 non-judicial 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 immediately above.
Wells Fargo Bank, N.A.
as agent and Attorney in Fact for
Aldridge Pite, LLP,
15 Piedmont Center,
3575 Piedmont Road, N.E., Suite 500,
Atlanta, Georgia 30305,
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-14426A