LEGAL:1196 JANUARY 11, 18, 25, AND FEBRUARY 1, 2013 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF TROUP
JANUARY 11, 18, 25, AND FEBRUARY 1, 2013
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF TROUP Under and by virtue of the power of sale contained with that certain Security Deed dated November 20, 2001, from Martin C Smith and Donna J. Smith to Flag Bank, recorded on November 27, 2001 in Deed Book 977 at Page 295, Troup County, Georgia Records, having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association by Assignment and said Security Deed having been given to secure a note dated November 20, 2001, in the amount of $76,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Troup County, Georgia, on February 5, 2013, the following described real property (hereinafter referred to as the ""roperty"": ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 234 OF THE 7TH DISTRICT OF TROUP COUNTY, GEORGIA, TRACT 3, CONTAINING 1.543 ACRES AND BEING THE IDENTICAL LAND AS SET FORTH ON THAT PLAT OF SURVEY ENTITLED ""LA MAE BRYANTMARTIN AND MODENIA H SMITH""DATED DECEMBER 14, 1984, PREPARED BY J. HUGH CAMP AND ASSOCIATES AND RECORDED IN PLAT BOOK 24, PAGE 122, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF TROUP COUNTY, GEORGIA. SAID PLAT IS HEREWITH INCORPORATED BY REFERENCE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION. THIS BEING THE SAME AND PART OF THAT WARRANTY DEED IN BOOK 438, PAGE 331, AND RECORDED IN THE SUPERIOR CLERK OF COURT OF TROUP COUNTY, GEORGIA. THIS CONVEYANCE IS SUBJECT TO A JOINT USE OF DRIVEWAY EASEMENT AS SHOWN ON SAID PLAT. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Martin C Smith and Donna J. Smith. The property, being commonly known as 4024 Greenville road, LaGrange, GA 30241 in Troup County, will be sold as the property of Martin C Smith and Donna J. Smith, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: JP Morgan Chase Bank, National Association, 7757 Bayberry Road, Jacksonville, FL 32256, 1-866-349-3540 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for JPMorgan Chase Bank, National Association as Attorney in Fact for Martin C Smith and Donna J. Smith 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 A-FN4348151 01/11/2013, 01/18/2013, 01/25/2013, 02/01/2013"