The Herald-Leader 

Publication Name:
The Herald-Leader

Publication URL:

Publication City and State:
Fitzgerald, GA

Publication County:
Ben Hill

Notice Popular Keyword Category:

Notice Keywords:
foreclosure foreclosures

Notice Authentication Number:
201703080508032216727
3220054120

Notice URL:

Notice Publish Date:
Wednesday, March 08, 2017

Notice Content

NOTICE OF SALE UNDER POWER Ben Hill County Pursuant to the Power of Sale contained in a Security Deed given by Timothy Alan James to Chase Manhattan Bank USA, N.A. dated 1/13/2005 and recorded in Deed Book 642 Page 248 Ben Hill County, Georgia records; as last transferred to or acquired by JPMorgan Chase Bank, National Association, conveying the after-described property to secure a Note in the original principal amount of $75,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Ben Hill County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on April 04, 2017 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: TRACT A: All that tract or parcel of land situate, lying and being in Original Lot of Land No. 188 in the Third Land District of Ben Hill County, Georgia, containing 26.89 acres, more or less, and being particularly described according to plat of survey prepared by T. W. Ash Georgia Registered Land Surveyor, dated February 20, 1981; and recorded in Plat Slide No. 203, on the Ben Hill County, Georgia, records, said plat being by reference incorporated herein. Said property is more particularly described as shown on said plat as follows: Beginning at the southeast corner of said Land Lot 188, thence north 01 degree 00 minutes 00 seconds east 1294.00 feet to a point; thence south 84 degrees 53 minutes 14 seconds west 15.08 feet to a point; thence north 01 degree 00 minutes 37 seconds west 201.03 feet along the west right of way line of a public road, to a point and which said point is herein referred to as the Point of Beginning and which said Point of Beginning is the southeast corner of the tract of land conveyed hereby; thence north 84 degrees 53 minutes 14 seconds west 2,994.59 feet to an established corner; thence north 33 degrees 34 minutes 48 seconds west 83.21 feet to a point; thence north 04 degrees 08 minutes 35 seconds west 168.10 feet; thence north 08 degrees 28 minutes 16 seconds west 142.91 feet to the northwest corner of the tract conveyed hereby; thence north 84 degrees 53 minutes 14 seconds east 3,080.97 feet to an established corner which is the northeast corner of the tract of land conveyed hereby; thence south 01 degree 00 minutes 37 seconds west 386.11 feet along the west right of way line of the public road above referred to, to the Point of Beginning above referred to. TRACT B: All that tract or parcel of land situate, lying and being in original lot of Land No. 188 in the Third Land District of Ben Hill County, Georgia, containing 13.45 acres, more or less, and being more particularly described according to a plat prepared by T. W. Ash, Georgia Registered Land Surveyor, dated February 20, 1981, and recorded in the office of the Clerk of the Superior Court of Ben Hill County, Georgia, in Plat Slide No. 203, and said plat by reference is incorporated herein. Said property is more particularly described as beginning at the southeast corner of Land Lot 188; thence north 01 degree 00 minutes 00 seconds east 1294.00 feet to a point; thence south 84 degrees 53 minutes 14 seconds west 15.08 feet to a point; thence north 01 degree 00 minutes 37 seconds west 882.14 feet along the west right of way line of a public road to an established corner, and said point is herein referred to as the Point of Beginning; and thence from said Point of Beginning south 81 degrees 05 minutes 21 seconds west 3092.89 feet along the south line of Tract A above described to an established comer; thence south 15 degrees 12 minutes 01 second west 78.60 feet; thence south 08 degrees 28 minutes 16 seconds east 14.75 feet to an established corner; thence north 84 degrees 53 minutes 14 seconds east 3080.97 feet to the west right of way line of the public road above referred to; thence north 01 degree 00 minutes 37 seconds east along the west right of way line of said public road 295.00 feet to the Point of Beginning above referred to; said tract being adjacent to and just south of the northernmost tract shown on said plat. TRACT C: All that tract or parcel of land situate, lying and being in original lot of Land No. 188 in the Third Land District of Ben Hill County, Georgia, containing 13.45 acres, more or less, and being more particularly described according to a plat of survey prepared by T. W. Ash, dated 2-20-1981 and being recorded in Plat Slide No. 203, Ben Hill County, Georgia, records, said plat being by reference incorporated herein. Said property is more particularly described as shown on said plat as follows: Beginning at that southeast corner of Land Lot 188; thence north 01 de- gree 00 minutes 00 seconds east 1294.00 feet to a point; thence south 84 degrees 53 minutes 14 seconds west 15.08 feet to a point; thence north 01 degree 00 minutes 37 seconds west 882.14 feet to a point said point being the Point of Beginning; thence from said Point of Beginning south 81 degrees 05 minutes 21 seconds west 3,092.89 feet to a point; thence north 15 degrees 12 minutes 01 second east 78.61 feet to a point; thence along an agreed fence line north 76 degrees 02 minutes 43 seconds east 1405.43 feet to a point; thence north 04 degrees 09 minutes 28 seconds west 59.10 feet to a point; thence along an agreed line north thence 82 degrees 17 minutes 57 seconds east 1694.47 feet; thence south 01 degree 00 minutes 37 seconds west 222.02 feet to a point, said point being the Point of Beginning, all as more particularly shown on the plat herein above referred to; said tract being the northernmost tract of land shown on said plat above referred to. TRACT D: One acre in Land Lot No. 188 in the Third Land District of Ben Hill County, and being more particularly described as follows: Beginning at the southeast corner of Land No. 188, thence north 01 degree 00 minutes east 1,085.5 feet to the Point of Beginning, and thence from said Point of Beginning south 89 degrees 00 minutes west 208.5 feet to a stake; thence north 01 degree 00 minutes east 208.5 feet to a stake; thence north 89 degrees 00 minutes east 208.5 feet to a point located on the original east line of said land lot thence south 01 degrees 00 minutes east 208.5 feet along the east original line of said land lot to the Point of Beginning above referred to. Said lands are shown on plat of survey of S.Y.A. Ball dated September 28, 1972, and which was recorded in the office of the Clerk of the Superior Court of Ben Hill County, Georgia, in Plat Book 5, Page 136, and referenced is hereby made to the record of said plat for all information shown thereon; and being the same lands conveyed to Ralph E. James by deed dated April 1, 1975, recorded on the Ben Hill County Deed Records in Deed Book 139, Page 445-447. This deed is executed subject to an easement for roadway purposes across the east portion of said lands as shown by said plat. TRACT E: A tract of land containing 13.44 acres in Land No. 188 in the Third land District of Ben Hill County, Georgia, and particularly described as beginning at a point which is herein referred to as the Point of Beginning, and which said Point of Beginning can be located by starting at the southeast corner of said Land Lot No. 188, and thence north 01 degree 00 minutes 00 seconds east 1294.00 feet; thence south 84 degrees 53 minutes 14 seconds west 15.08 feet to the Point of Beginning above referred to; thence south 84 degrees 53 minutes 14 seconds west 2864.78 feet to an established corner; thence north 33 degrees 34 minutes 48 seconds west 227.38 feet to an established corner; thence north 84 degrees 53 min- utes 14 seconds east 2994.59 feet to the west right of way line of a graded road; thence south 01 degree 00 minutes 37 seconds west 201.3 feet along the west right of way line of said road to the Point of Beginning above referred to. Said lands are shown on plat of survey of T. W. Ash, Georgia Registered Land Surveyor, dated February 20, 1981, and recorded in the office of the Clerk of the Superior Court of Ben Hill County, Georgia, in Plat Book 5, Page 286, and said plat is hereby made a part of this deed by reference thereto; and being the same lands described in deed from W. L. James, John Howard James, Frances Gibbs and James David Cleghorn dated March 31, 1982, recorded on the Ben Hill County Deed Records in Deed Book 169, Page 604. The debt secured by said Security Deed 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 Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 152 Crabapple Rd, Fitzgerald, GA 31750 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Timothy Alan James or tenant or tenants. JPMorgan Chase Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. JPMorgan Chase Bank, NA Homeowner's Assistance Department, 3415 Vision Drive, Columbus, Ohio 43219, 1-866-550-5705 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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 non-judicial 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 immediately above. JPMorgan Chase Bank, National Association as agent and Attorney in Fact for Timothy Alan James Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1031-77497A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1031-77497A (3/8,15,22,29)