NOTICE OF SALE UNDER POWER, FANNIN COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Brian P. Bowling and Robin Christina Bowling to Citifinancial Services, Inc. dated 9/8/2006 and recorded in Deed Book 744 Page 301 Fannin County, Georgia records; as last transferred to or acquired by J.P. Morgan Mortgage Acquisition Corp., conveying the after-described property to secure a Note in the original principal amount of $162,592.84, 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 Fannin County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on August 4, 2020 (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:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 8TH DISTRICT AND 2ND SECTION OF FANNIN COUNTY, GEORGIA AND BEING A PART OF LAND LOT 4 AND BEING MORE PARTICULARLY DESCRIBED AS CONTAINING 8.1 ACRES, MORE OR LESS, AS SHOWN BY THAT CERTAIN PLAT FOR LOIS Q. JONES DATED JULY 1987 BY LANE S. BISHOP G.R.L.S. NO. 1575. SAID PLAT RECORDED ON JUNE 27, 1988 IN PLAT HANGER 19, PAGE 105, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, FANNIN COUNTY, GEORGIA. PURSUANT TO O.C.G.A. . 44-2-28, REFERENCE IS HEREBY MADE TO SAID RECORDED PLAT FOR THE PURPOSE OF INCORPORATING SAME HEREIN FOR A MORE COMPLETE METES AND BOUNDS DESCRIPTION OF THE PROPERTY HEREIN CONVEYED. SAID PROPERTY IS CONVEYED SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHTS OF WAY AS SET FORTH ON SAID RECORDED PLAT OR AS APPEARING OF RECORD.
NO COMMERCIAL OR RESIDENTIAL BUILDINGS OR ANY OTHER STRUCTURE SHALL BE CONSTRUCTED WITHIN 15 FEET OF THE NORTHERN BOUNDARY LINE OF THE PROPERTY, WHICH BORDERS THE WEST TENNESSEE AVENUE RIGHT OF WAY. THE ABOVE RESTRICTION SHALL BE A BURDEN RUNNING WITH THE LAND AND SHALL BIND THE GRANTEES AND THEIR HEIRS, SUCCESSORS, AND ASSIGNS.
SUBJECT TO EXISTING EASEMENTS AND RIGHT OF WAYS FOR PUBLIC ROADS, IF ANY.
THIS CONVEYANCE MADE TOGETHER WITH RIGHT OF INGRESS, EGRESS AND UTILITY SERVICE ALONG EXISTING ROADS TO THE SUBJECT PROPERTY.
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 56 Orange Lane, Mc Caysville, GA 30555 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): Brian P. Bowling and Robin Christina Bowling or tenant or tenants.
Rushmore Loan Management Services, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Rushmore Loan Management Services, LLC
PO Box 52708
Irvine, CA 92619
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.
J.P. Morgan Mortgage Acquisition Corp. as agent and Attorney in Fact for Brian P. Bowling and Robin Christina Bowling
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1208-3323A