Notice of Sale Under Power
State of Georgia
County of LUMPKIN
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by STEPHANE DECKERS AND KELLY K. DECKERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (MERS), AS NOMINEE FOR THE MORTGAGE FIRM, INC., ITS SUCCESSORS AND ASSIGNS , dated 08/15/2012, and Recorded on 09/04/2012 as Book No. 1223 and Page No. 333 341, LUMPKIN County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $203,250.00, 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 LUMPKIN County Courthouse within the legal hours of sale on the first Tuesday in March, 2019, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 945 AND 990, 12TH DISTRICT, 1ST SECTION, CITY OF DAHLONEGA, LUMPKIN COUNTY, GEORGIA AND BEING MORE FULLY DESCRIBED ON A PLAT PREPARED BY JOHN T. GASTON, GEORGIA REGISTERED LAND SURVEYOR, DATED FEBRUARY 3 2003 AND AS PER SAID PLAT THE PROPERTY CONTAINS 1.393 ACRES, MORE OR LESS, THE SUBJECT PLAT BEING OF RECORD IN PLAT CABINET ONE, SLIDE 125, PLAT 91A, LUMPKIN COUNTY RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE.
THIS CONVEYANCE IS MADE SUBJECT TO EASEMENTS FOR PUBLIC ROADS AND UTILITIES NOW IN USE.
THIS CONVEYANCE IS MADE SUBJECT TO ANY EASEMENTS OF RECORD OR EASEMENTS LOCATED ON THE PROPERTY ABOVE DESCRIBED.
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, NATIONAL ASSOCIATION 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, NATIONAL ASSOCIATION (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 135 AZALEA TRAIL, DAHLONEGA, GEORGIA 30533 is/are: STEPHANE DECKERS AND KELLY K. DECKERS 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, NATIONAL ASSOCIATION as Attorney in Fact for STEPHANE DECKERS AND KELLY K. DECKERS.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
4004 Belt Line Road,
Addison, Texas 75001
02/06, 02/13, 02/20, 02/27/19