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Notice of Sale Under Power. State of Georgia, County of RICHMOND. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MICHAEL KIRKLAND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR GEORGIA BANK & TRUST COMPANY OF AUGUSTA , dated 03/13/2008, and Recorded on 03/18/2008 as Book No. 01168 and Page No. 2187, RICHMOND County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $56,611.00, 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 RICHMOND County Courthouse within the legal hours of sale on the first Tuesday in November, 2015, the following described property: ALL THAT LOT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF RICHMOND, BEING IN THE 119TH DGM, AND BEING KNOWN AND DESIGNATED AS LOT 2, BLOCK A, CORNELIA TERRACE SUBDIVISION, AS SHOWN ON A PLAT RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, IN REALTY BOOK 15 E, PAGE 149, REFERENCE BEING MADE THERETO FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO THE METES, BOUNDS, AND LOCATION OF SAID PROPERTY. THIS IS THE SAME PROPERTY AS CONVEYED BY DEEDS RECORDED IN SAID CLERK'S OFFICE IN REALTY BOOK 19 F, PAGE 364, REALTY BOOK 19 G, PAGE 227, REALTY REEL 22, PAGE 1622, REALTY REEL 450, PAGE 1989, AND REALTY REEL 1046, PAGE 1880. ALL OF SAID DEEDS INCORRECTLY CITE THE LOCATION OF THE PLAT OF SAID SUBDIVISION. ALSO CONVEYED IS ALL THAT LOT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN RICHMOND COUNTY, GEORGIA, FRONTING 25.0 FEET ON THE WESTERN RIGHT OF WAY OF NEW MCDUFFIE ROAD, EXTENDING BACK THEREFROM BETWEEN PARALLEL LINES A DISTANCE OF 200.0 FEET AND HAVING A REAR WIDTH OF 25.0 FEET. SAID PROPERTY IS FURTHER DESCRIBES AS: BEGINNING AT AN IRON PIN SET ON THE WESTERN RIGHT OF WAY OF NEW MCDUFFIE ROAD 270.0 FEET NORTH OF ITS INTERSECTION WITH CORNELIA DRIVE, THENCE N 71 DEGREES 00' W A DISTANCE OF 200.0 FEET TO A POINT; THENCE N 19 DEGREES 00' E, A DISTANCE OF 25.0 FEET TO A POINT; THENCE S 71 DEGREES 00' E A DISTANCE OF 200.0 FEET TO A POINT; THENCE S 19 DEGREES 00' W A DISTANCE OF 25.0 FEET TO THE POINT OF BEGINNING. THIS IS THE SOUTHERNMOST 25 FEET OF LOT 3, BLOCK A OF CORNELIA TERRACE SUBDIVISION, THE PLAT OF SAID SUBDIVISION BEING RECORDED IN REALTY BOOK 15 E, PAGE 149, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RICHMOND COUNTY, GEORGIA, AND IS A PORTION OF THE PROPERTY CONVEYED IN DEEDS RECORDED IN REALTY BOOK 15R, PAGE 271, REALTY BOOK 15 X, PAGE 131 AND REALTY BOOK 18 W, PAGE 53. REFERENCE IS MADE TO AN AFFIDAVIT OF TITLE OF MYRA NEWSOMEPOOLE RECORDED IN REALTY REEL 343, PAGE 275. THE "REBA NEWSOME MARTIN" NAMED IN PARAGRAPH 8 OF SAID AFFIDAVIT IS ONE AND THE SAME AS "DOVIE N. MARTIN", ONE OF THE GRANTORS IN A QUIT CLAIM DEED RECORDED IN REALTY REEL 263, PAGE 2387 THERE IS EXCEPTED FROM THE PROPERTY CONVEYED HEREIN THAT PORTION THEREOF CONVEYED TO RICHMOND COUNTY, GEORGIA BY RIGHT OF WAY DEED RECORDED IN REALTY BOOK 29 J, PAGE 468. THE ABOVE DESCRIBED PROPERTY FRONTS A TOTAL OF 125 FEET ON NEW MCDUFFIE ROAD AND IS KNOWN AS TAX PARCEL 83 0 80 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, NATIONAL ASSOCIATION 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, NATIONAL ASSOCIATION (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 2359 NEW MCDUFFIE RD, AUGUSTA, GEORGIA 30906 is/are: MICHAEL KIRKLAND 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, NATIONAL ASSOCIATION as Attorney in Fact for MICHAEL KIRKLAND. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005501663 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398. October 8, 15, 22, 29, 2015 Ad #16735567
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