Notice Content
Notice of Sale Under Power.
State of Georgia, County of FANNIN.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WILLIAM A. HENRY AND LORA J. HENRY to THE HOME BANK, FSB , dated 10/23/2002, and Recorded on 11/01/2002 as Book No. 472 and Page No. 62845, FANNIN County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $120,000.00, 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 FANNIN County Courthouse within the legal hours of sale on the first Tuesday in September, 2015, 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 NO. 135 AND BEING MORE PARTICULARLY DESCRIBED AS LOT 30 OF NEW RIVER ESTATES, CONTAINING 2.02 ACRES AS SHOWN BY THAT CERTAIN PLAT BY LANE S. BISHOP, G.R.L.S. NO. 1575. SAID PLAT RECORDED IN PLAT HANGER A181, PAGE 1, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, FANNIN COUNTY, GEORGIA. PURSUANT TO O.C.G.A. 44228, 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.
ALSO CONVEYED HEREIN IS A PERMANENT AND PERPETUAL EASEMENT FOR INGRESS AND EGRESS ALONG EXISTING 10 FOOT GRAVEL ROAD, AS SHOWN ON ABOVEREFERENCED PLAT. SAID EASEMENT TOUCHES AND CONCERNS THE LAND AND SHALL RUN WITH THE LAND.
THE HEREIN PROPERTY IS CONVEYED SUBJECT TO THOSE CERTAIN PROTECTIVE COVENANTS RECORDED IN DEED BOOK 119, PAGE 292, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, FANNIN COUNTY, GEORGIA.
SUBJECT TO EXISTING EASEMENTS AND RIGHT OF WAYS FOR PUBLIC ROAD, IF ANY. ALSO SUBJECT TO FANNIN COUNTY, GEORGIA SUBDIVISION REGULATIONS, MOBILE HOME REGULATIONS AND ANY ZONING OR OTHER ORDINANCES, IF ANY.
THIS CONVEYANCE MADE TOGETHER WITH RIGHT OF INGRESS, EGRESS AND UTILITY SERVICE ALONG EXISTING ROADS TO THE SUBJECT PROPERTY.
THIS BEING THAT SAME PROPERTY CONVEYED UNTO WILLIAM A. HENRY AND LORA J. HENRY BY WARRANTY DEED FROM CLIFTON R. DEAL, JR., DATED JANUARY 23, 1998, RECORDED ON FEBRUARY 5, 1998, IN DEED BOOK 283, PAGE 113, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, FANNIN COUNTY, GEORGIA. 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE (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. 4414162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 3415 VISION DRIVE, COLUMBUS, OH 43219, 8665505705. Please note that, pursuant to O.C.G.A. 4414162.2, 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 1379 CURTIS SWITCH ROAD, MINERAL BLUFF, GEORGIA 30559 is/are: WILLIAM A. HENRY AND LORA J. HENRY 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 WILLIAM A. HENRY AND LORA J. HENRY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005348222 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341?5398.
Aug.5-26
# 183044
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