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STATE OF GEORGIA COLUMBIA COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from SECURITY DEED DATED SEPTEMBER 2, 2004, FROM MICHAEL S. KRAPES TO FIRST FRANKLIN FINANCIAL CORPORATION, A DIVISION OF NATIONAL CITY BANK OF INDIANAAS RECORDED SEPTEMBER 9, 2004, AT DEED BOOK 4482, PAGE 222, COLUMBIA COUNTY, GEORGIA RECORDS AS LAST TRANSFERRED TO 20 CAP FUND 1, LLC BY ASSIGNMENT TO BE RECORDED IN COLUMBIA COUNTY, GEORGIA RECORDS. , said Deed to Secure Debt having been given to secure a Note dated SEPTEMBER 2, 2004 in the original principal sum of Thirty-Five Thousand Nine Hundred Eighty and 00/100 Dollars (U.S. $35,980.00),, with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at COLUMBIA County, Georgia, within the legal hours of sale on the first Tuesday in APRIL, 2017. (April 4, 2017) the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN COLUMBIA COUNTY, GEORGIA, IN THE CITY OF EVANS, BEING LOT NO. 18, BLOCK B, SECTION I, WALNUT HILL SUBDIVISION, AS PER PLAT RECORDED IN PLAT CABINET B, SLIDE 243 #5 AND #6 , COLUMBIA COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY ADOPTED AND MADE A PART HEREOF BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. SAID PROPERTY BEING IMPROVED PROPERTY NOW OR FORMERLY KNOWN AS 584 WINDWARD COURT, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN COLUMBIA COUNTY, GEORGIA. BEING THE SAME PROPERTY AS THAT CONVEYED BY WARRANTY DEED DATED September 2, 2004, FROM JOHN S. ROLZELLE, III AND DEBORAH ROZELLE TO MICHAEL S. KRAPES, AS RECORDED September 9, 2004, AT DEED BOOK 4482, PAGE 202, COLUMBIA COUNTY, GEORGIA RECORDS. THIS IS BEING SOLD SUBJECT TO THAT CERTAIN SECURITY DEED DATED SEPTEMBER 2, 2004, FROM MICHAEL S. KRAPES TO FIRST FRANKLIN FINANCIAL CORPORATION, SUBSIDIARY OF NATIONAL CITY BANK OF INDIANA, IN THE PRINCIPAL AMOUNT OF $143,920.00, AS RECORDED SEPTEMBER 9, 2004, AT DEED BOOK 4482, PAGE 203, COLUMBIA COUNTY, GEORGIA 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, non-payment of the monthly installments on said loan. 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 Note and Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). is the current owner of the loan. Said property is commonly known as 584 WINDWARD COURT, EVANS, GA 30809 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): MICHAEL S. KRAPES or tenant or tenants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: JH MORTGAGE RESOLUTIONS, LLC, 18008 SKY PARK CIRCLE, STE 100, IRVINE, CA 92614. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. 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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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. 20 CAP FUND I, LLC., Attorney-in-Fact for MICHAEL S. KRAPES Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 MARCH 8, 15, 22, 29, 2017 AD#17094372
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