NOTICE OF SALE UNDER POWER
County of Lumpkin, State of Georgia
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by PAUL L TULLIS JR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( MERS ) AS NOMINEE FOR PROFESSIONAL LENDING, LLC , dated 12/10/2009, and Recorded on 01/11/2010 as Book No. 1150 and Page No. 500, LUMPKIN 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 $87,755.00, 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, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1066 OF THE 12TH DISTRICT AND 1ST SECTION OF LUMPKIN COUNTY, GEORGIA, CONTAINING 2.15 ACRES, MORE OR LESS, AND BEING A PORTION OF LOT 19 OF THE VAN S INN PROPERTY SUBDIVISION AS PER PLAT OF SURVEY DATED FEBRUARY 2, 1981, AND REVISED AUGUST 18, 1981, BY FARLEY-COLLINS ASSOCIATES, GEORGIA REGISTERED SURVEYORS. THIS PLAT IS RECORDED IN PLAT BOOK 9, PAGE 282, LUMPKIN COUNTY RECORDS, AND REFERENCE IS HEREBY MADE TO THE RECORDED PLAT FOR A MORE PARTICULAR DESCRIPTION OF THE ABOVE-REFERENCED PROPERTY.
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1066 OF THE 12TH DISTRICT, IST SECTION OF VANN S INN SUBDIVISION, LUMPKIN COUNTY, GEORGIA, BEING LOT 19A CONTAINING 0.039 ACRES, MORE OR LESS, AS PER A PLAT OF SURVEY PREPARED FOR JAMES D. AND JOAN WATSON BY MARSHALL MAHONE, LUMPKIN COUNTY, SURVEYOR, DATED MAY 7, 1992, RECORDED IN PLAT BOOK 28, PAGE 25, LUMPKIN COUNTY RECORDS AND BEING LABELED ON SAID PLAT OF SURVEY AS THE 0.039 AC. TRACT SHOWN ON SAID PLAT OF SURVEY. SAID PLAT OF SURVEY IS INCORPORATED HEREIN BY REFERENCE FOR A MORE PARTICULAR DESCRIPTION OF THE ABOVE PROPERTY. SAID PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE RIGHT OF WAY OF ORCHARD HILL A/K/A WARD CREEK DR., SAID IRON PIN BEING .28 MILES FROM THE INTERSECTION OF THE RIGHT OF WAY OF SAID ROAD AND STATE HWY. 60, RUN THENCE S 75 DEGREES 52 MINUTES 36 SECONDS W 182.03 FEET TO AN IRON PIN, RUN THENCE SOUTH 00 DEGREES, 35 MINUTES, 34 SECONDS WEST 113.64 FEET TO AN IRON PIN SAID IRON PIN BEING THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING RUN THENCE SOUTH 63 DEGREES, 01 MINUTES 23 SECONDS WEST 43.40 FEET TO A POINT; RUN THENCE SOUTH 26 DEGREES, 58 MINUTES 37 SECONDS EAST 62.80 FEET TO A POINT; RUN THENCE NORTH 63 DEGREES 1 MINUTE 23 SECONDS EAST 10.60 FEET TO A POINT; RUN THENCE IN A STRAIGHT LINE NORTH 0 DEGREES, 35 MINUTES 34 SECONDS EAST 70.85 FEET TO THE TRUEPOINT OF BEGINNING.
THERE IS ALSO HEREBY CONVEYED AN EASEMENT FOR PURPOSE OF MAINTANING THE WELL, SEPTIC TANK AND THE FIELD LINES ASSOCIATED WITH SUCH SEPTIC TANK FOR SO LONG AS SUCH WELL, SEPTIC TANK AND THE FIELD LINES ASSOCIATED WITH SUCH SEPTIC TANK DO NOT INTERFERE WITH THE GRANTOR S RIGHT TO CONSTRUCT A RESIDENCE ON THE ADJOINING LOT OWNED BY GRANTOR. IT IS THE INTENT OF THIS PARAGRAPH THAT THE GRANTOR S RIGHT TO CONSTRUCT A RESIDENCE ON PROPERTY ADJOINING THIS TRACT WILL NOT BE PROHIBITED BY ANY FEDERAL,STATE, AND LOCAL STATUTE OR ORDINANCE AS A RESULT OF HAVING GRANTED THIS EASEMENT.
LESS AND EXCEPT FROM THE FIRST DESCRIBED PARCEL THAT PROPERTY CONVEYED BY JAMES D. WATSON TO ROBERT K. HITCHCOCK DATED 10/7/1988, RECORDED IN DEED BOOK T-7, PAGE 204, AFORESAID 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 attorney s fees (notice of intent to collect attorney s 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 300 ORCHARD HILL ROAD, DAHLONEGA, GEORGIA 30533 is/are: PAUL L TULLIS JR 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
PAUL L TULLIS JR.
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 LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.