Notice Content
L6 Kevin Jackson 10 08 15
NOTICE OF SALE UNDER POWER
State of Georgia,
County of Chattooga.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Kevin L Jackson and Jennifer A Jackson to Bank of America, N.A. , dated 11/16/2006, and Recorded on 11/27/2006 as Book No. 514 and Page No. 419, Chattooga County, Georgia records, as last assigned to U.S. Bank Trust, N.A., as Trustee For LSF9 Master Participation Trust (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $240,000.00, 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 Chattooga County Courthouse within the legal hours of sale on the first Tuesday in November, 2015, the following described property: All that tract or parcel of land situated, lying and being in Land Lot No. 122 in the 13th District and 4th Section of Chattooga County, Georgia, and being a part of Tract No. Three (3) of the Jack E. and Frances L. Poole property according to a plat thereof by N. R. Deloach recorded in Plat Book 5, Page 58, in the office of the Clerk of the Superior Court of Chattooga County, Georgia, said property being more particularly described as follows:
Begin at a piece of rebar set in the northern right of way of Neal Gap Road that is the southwestern corner of the property conveyed to Jerry Lee Jackson and Helen Kathleen Jackson in Deed Book 474, Page 114, said clerks office; thence continuing along the northern right of way of Neal Gap Road, north 54 degrees 23 minutes 20 seconds west for a distance of 43.70 feet to a point; thence continuing along the northern right of way of Neal Gap Road, north 62 degrees 45 minutes 21 seconds west for a distance of 111.16 feet to a point; thence continuing along the northern right of way of Neal Gap Road, north 73 degrees 46 minutes 11 seconds west for a distance of 49.51 feet to a piece of rebar; thence north 21 degrees 58 minutes 34 seconds east for a distance of 885.56 feet to a piece of rebar; thence south 89 degrees 48 minutes 51 seconds east for a distance of 207.23 feet to a piece of rebar; thence south 01 degrees 17 minutes 38 seconds west for a distance of 750.01 feet to a piece of rebar; thence north 51 degrees 55 minutes 31 seconds west for a distance of 420.00 feet to a piece of rebar; thence south 01 degrees 15 minutes 06 seconds west for a distance of 420.00 feet to a piece of rebar set in the northern right of way of Neal Gap Road that is the point of beginning. The above property description is based on a survey dated November 10, 2006 with a job no. 9104 06 by K.C. Campbell, Georgia Registered Land Surveyor No. 2256 for Campbell Surveying and Mapping, Inc.
For prior title see deed recorded in Book 474, Page 121, said clerks office.
Subject to any governmental zoning and subdivision ordinances or regulations in effect thereon.
Subject to easements to Georgia Power Company recorded in Book 38, Page 47, Book 60, Page 588, and Book 206, Page 592, said clerk's office.
Subject to gravel driveway as shown on survey.
Subject to encroachment of gravel driveway onto a neighboring property as shown by survey.
Subject to fence line as shown by survey.
Subject to well as shown by survey. 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). U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust holds the duly endorsed Note and is the current assignee of the Security Deed to the property. Caliber Home Loans, Inc., acting on behalf of and, as necessary, in consultation with U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (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, Caliber Home Loans, Inc. may be contacted at: Caliber Home Loans, Inc., 13801 Wireless Way, Oklahoma City, OK 73134, 800 401 6587. 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 1054 Neal Gap Road, Summerville, Georgia 30747 is/are: Kevin L Jackson and Jennifer A Jackson 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. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust as Attorney in Fact for Kevin L Jackson and Jennifer A Jackson.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005490651
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341 5398.
10-29c
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