NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF PULASKI
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WILLIAM D HARRIS AND TAMMI HARRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR MORTGAGE LENDERS OF AMERICA, LLC , dated 10/30/2009, and Recorded on 10/30/2009 as Book No. 261 and Page No. 368-379, PULASKI County, Georgia records, as last assigned to JP MORGAN CHASE BANK, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $157,102.00, 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 PULASKI County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property: ALL THAT TRACT PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 269 IN THE 12TH LAND DISTRICT OF PULASKI COUNTY, GEORGIA A PART OF WOODLAND HILLS SUBDIVISION, LYING ON THE SOUTHERLY MARGIN OF A 60 FOOT INGRESS-EGRESS EASEMENT (FRONTING 218.33 FEET THEREON). SAID TRACT BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY THEREOF PREPARED BY OLIN J. MCLEOD, SURVEYOR, ON DECEMBER 27, 2001, WHICH PLAT, OR RECORD IN PLAT BOOK 13, PAGE 36, CLERK'S OFFICE, PULASKI SUPERIOR COURT, IS INCORPORATED HEREIN IN AID OF THIS DESCRIPTION AND FOR ALL LEGAL PURPOSES. REFER TO SAID PLAT FOR THE METES, COURSES AND DISTANCES OF SAID TRACT WHICH IS BOUND NOw OR FORMERLY AS FOLLOWS; WEST BY PROPERTY OF JONES; SOUTH BY PROPERTY OF GORDON; EAST BY PROPERTY OF EVE, AND NORTH BY THE AFOREMENTIONED 60 FOOT INGRESS-EGRESS EASEMENT.
ALSO CONVEYED HEREBY AS APPURTENANT TO THE HEREINABOVE DESCRIBED PROPERTY IS A PERMANENT AND PERPETUAL, BUT NON-EXCLUSIVE, EASEMENT FOR PURPOSES OF INGRESS AND EGRESS TO THE SUBJECT PROPERTY FROM THE WESTERLY MARGIN OF WOODLAND TRAIL, SAME BEING DEPICTED ON THE HEREINABOVE REFERENCED PLAT AS "60 FOOT INGRESS-EGRESS EASEMENT ALONG PROPOSED ROAD", THE DESCRIPTION AS CONTAINED THEREON BEING EXPRESSLY INCORPORATED HEREIN IN AID OF THE DESCRIPTION OF SUCH EASEMENT.
SUBJECT TO PROTECTIVE COVENANTS OF WOODLAND HILLS SUBDIVISION OF RECORD IN DEED BOOK 85, PAGES 401-408, CLERK'S OFFFICE, PULASKI SUPERIOR COURT.
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 fees (notice of intent to collect attorney fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 11 AZALEA DR, HAWKINSVILLE, GEORGIA 31036 is/are: WILLIAM D HARRIS AND TAMMI HARRIS 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
WILLIAM D HARRIS AND TAMMI HARRIS.
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.