Notice of Sale Under Power
State of Georgia,
County of STEPHENS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROY PLESS to JPMORGAN CHASE BANK, N.A. , dated 05/21/2009, and Recorded on 05/27/2009 as Book No. 897 and Page No. 1 19, STEPHENS County, Georgia records, as last assigned to JPMORGAN CHASE 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 $71,400.00, 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 STEPHENS County Courthouse within the legal hours of sale on the first Tuesday in April, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, LYING AND BEING IN THE 267TH G.M.D., STEPHENS COUNTY, GEORGIA, CONTAINING 1.46 ACRES, MORE OR LESS, LYING ON THE WEST RIGHT OF WAY OF EASTANOLLEE SCHOOL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN THAT CERTAIN PLAT OF SURVEY PREPARED FOR LINDA BURNS BY KENNETH V. CASH, BARTLETT AND CASH LAND SURVEYORS, INC., GEORGIA REGISTERED LAND SURVEYOR, DATED AUGUST 18, 2003, AND RECORDED IN PLAT BOOK 17, PAGE 796C, STEPHENS COUNTY RECORDS, THE DESCRIPTION AS CONTAINED THEREIN BEING INCORPORATED HEREIN BY REFERENCE.
THIS IS THE SAME PROPERTY AS CONVEYED BY WARRANTY DEED FROM KENNETH F. BURNS, DOUGLAS W. BURNS AND W. DONAVAN BURNS TO DOUGLAS W. BURNS AND LINDA J. BURNS DATED OCTOBER 10, 2000, AND RECORDED IN DEED BOOK 490, PAGES 324 328, STEPHENS COUNTY RECORDS, ALSO, SEE DEED OF ASSENT FROM THE EXECUTORS OF THE ESTATE OF DOUGLAS WAYNE BURNS TO LINDA JOYCE DEFOOR BURNS DATED JANUARY 21, 2003, AND RECORDED IN DEED BOOK 585, PAGES 224 226, STEPHENS COUNTY RECORDS. 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 attorneys fees (notice of intent to collect attorneys fees having been given). JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with JPMORGAN CHASE BANK, N.A. (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, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866 550 5705. 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 202 EASTANOLLEE SCHOOL RD, EASTANOLLEE, GEORGIA 30538 is/are: ROY PLESS 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. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for ROY PLESS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006611420 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.