STATE OF GEORGIA
COUNTY of LUMPKIN
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from PATRICK M. FRANCHE and JULIE A. FRANCHE to GEORGIA HERITAGE BANK dated May 24, 2016, filed for record May 31, 2016, and recorded in Deed Book 1327, Page 278, LUMPKIN County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 1360, Page 662, LUMPKIN County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 1370, Page 367, LUMPKIN County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 1386, Page 20, LUMPKIN County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 1406, Page 252, LUMPKIN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated May 24, 2016 in the original principal sum of TWO HUNDRED THOUSAND AND 0/100 DOLLARS ($200,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at LUMPKIN County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in January, 2020, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 158 OF THE 12TH DISTRICT, 1ST SECTION OF LUMPKIN COUNTY, GEORGIA, CONSISTING OF 5.341 ACRES, MORE OR LESS, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON, AND BEING MORE PARTICULARLY SET OUT AS TRACT B ON A PLAT OF SURVEY DATED MAY 22, 2014, PREPARED FOR ERNEST G. WILLIAMS, DANIEL RAINES AND JOSEPH TYRE JONES BY ROBERT S. CLEVELAND, GEORGIA REGISTERED LAND SURVEYOR. THIS PLAT IS RECORDED IN PLAT CABINET 1, SLIDE 199, PLAT 169, LUMPKIN COUNTY RECORDS, AND IS INCORPORATED HEREIN BY REFERENCE FOR A MORE DETAILED DESCRIPTION.
PARCEL ID NUMBER: 020-011.
SUBJECT TO ANY EASEMENTS OR RESTRICTIONS OF RECORD.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is PATRICK M. FRANCHE and JULIE A. FRANCHE or a tenant or tenants. Said property may more commonly be known as: 688 SHEEP WALLOW ROAD, DAHLONEGA, GA 30533-4890.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CENLAR FSB, ATTN: FC DEPARTMENT 425 PHILLIPS BLVD, EWING, NJ 08618-1430; (877) 909-9416.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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.
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. 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.
LGE COMMUNITY CREDIT UNION S/B/M TO GEORGIA HERITAGE BANK
As Attorney-in-Fact for
PATRICK M. FRANCHE
JULIE A. FRANCHE
Phelan Hallinan Diamond &
11675 Great Oaks Way, Suite 320
Alpharetta, GA 30022
PH # 44967
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
12/11, 12/18, 12/25, 01/01/20