Details for Smith, Jr 5697819–FT5


NOTICE OF SALE UNDER POWER GEORGIA, CLAYTON COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Earle R Smith, Jr to Wachovia Bank, National Association, dated July 24, 2006, recorded in Deed Book 8771, Page 152, Clayton County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THOUSAND AND 0/100 DOLLARS ($100,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Clayton County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in December, 2019, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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. Wells Fargo Bank, N.A. successor in interest to Wachovia Bank, N.A. is the holder of the Security Deed to the property in accordance with OCGA § 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage a div. of Wells Fargo Bank, N.A., 1 Home Campus, MAC# X2303-02D, Des Moines, IA 50328, 1-888-508-8811. To the best knowledge and belief of the undersigned, the party in possession of the property is Earle R Smith, Jr or a tenant or tenants and said property is more commonly known as 187 Dean St, Jonesboro, Georgia 30236. 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. Wells Fargo Bank, N.A. successor in interest to Wachovia Bank, N.A. as Attorney in Fact for Earle R Smith, Jr McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 EXHIBIT "A" THE FOLLOWING REAL PROPERTY SITUATE IN COUNTY OF CLAYTON AND STATE OF GEORGIA, DESCRIBED AS FOLLOWS: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 240 OF THE 13TH DISTRICT OF CLAYTON COUNTY, IN THE CITY OF JONESBORO, GEORGIA BEING LOT 7 OF THE SUBDIVISION OF THE P.K. DIXON PROPERTY, AS SHOWN ON PLAT OF FILE IN PLAT BOOK 2, PAGE 28, OFFICE OF CLERK SUPERIOR COURT, SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF DEAN STREET 255 FEET SOUTHWESTERLY FROM THE SOUTHWEST CORNER OF DEAN STREET AND DIXON STREET, SAID POINT OF BEGINNING BEING AT THE SOUTHEAST CORNER OF LOT 8, SAID PLAT; THENCE RUNNING SOUTHERLY ALONG THE WESTERLY SIDE OF DEAN STREET 80 FEET TO LOT 6, SAID PLAT; THENCE RUNNING WESTERLY ALONG THE NORTH SIDE OF LOT 6, SAID PLAT; 246 FEET; THENCE NORTHERLY 80 FEET TO THE SOUTHWEST CORNER OF LOT 8, SAID PLAT; THENCE EASTERLY 246 FEET TO DEAN STREET AND THE POINT OF BEGINNING. PARCEL ID: 13240C-00C0009 PROPERTY ADDRESS: 187 DEAN ST MR/hq1 12/3/19 Our file no. 5697819-FT5 950-620222, 11/6,13,20,27