Foreclosure-Smith
Notice of Sale Under Power. State of Georgia, County of NEWTON. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JESSE SMITH AND KATHRYN T SMITH to WELLS FARGO FINANCIAL GEORGIA, INC. , dated 09/25/2006, and Recorded on 10/04/2006 as Book No. 2290 and Page No. 241-254, NEWTON County, Georgia records, as last assigned to WELLS FARGO USA HOLDINGS, LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $79,976.05, 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 NEWTON County Courthouse within the legal hours of sale on the first Tuesday in May, 2024, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN NEWTON COUNTY GEORGIA, AND BEING LOT NO. 15 OF OXFORD ROAD SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN STATE ON THE SOUTH SIDE OF OXFORD ROAD, SAID POINT BEING 1,687.8 FET AS MEASURED SOUTHWESTERLY ALONG THE SOUTHERN SIDE OF OXFORD ROAD FROM ITS INTERSECTION WITH THE CENTERLINE OF CLARK STREET, THENCE SOUTH 85 DEGREES 20 MINUTES WEST A DISTANCE OF 100.0 FEET TO AN IRON PIN STAKE, THENCE SOUTH 04 DEGREES 40 MINUTES EAST A DISTANCE OF 200.1 FEET TO AN IRON PIN STAKE, THENCE NORTH 05 DEGREES 20 MINUTES EAST A DISTANCE OF 100.0 FEET TO AN IRON PIN STAKE, THENCE NORTH 04 DEGREES 40 MINUTES WEST A DISTANCE OF 200.1 FEET TO AN IRON PIN STATE AND POINT OF BEGINNING. SAID LOT IS BOUNDED ON THE NORTH BY OXFORD ROAD, ON THE EAST BY LOT NO. 16, ON THE SOUTH BY LOT NO. 19, ON THE WEST BY LOT NO. 14. FOR A MORE MINUTE DESCRIPTION, SEE PLAT OF SURVEY FOR R. W. MCGILBONEY, BY WILLIAM H. ALEXANDER, JR. RLS NO. 1643, DATED NOVEMBER 2, 1973, REVISED MAY 28, 1974 AND RECORDED IN PLAT BOOK 12, PAGE 20, NEWTON COUNTY RECORDS, THE SAME BEING INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. 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 USA HOLDINGS, LLC 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 WELLS FARGO USA HOLDINGS, LLC (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. SS 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. SS 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 167 OXFORD ROAD, OXFORD, GEORGIA 30054 is/are: JESSE SMITH AND KATHRYN T 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 USA HOLDINGS, LLC as Attorney in Fact for JESSE SMITH AND KATHRYN T SMITH. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000009938531 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398. Public Notice#700262 Run Dates; 4/14, 21, 28, 5/5