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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF COLUMBIA Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by FELICIA DOWNS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR HOME FUNDS DIRECT, dated 03/23/2005, and Recorded on 04/04/2005 as Book No. 4776 and Page No. 001, COLUMBIA County, Georgia records, as last assigned to HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005 1, CALLABLE MORTGAGE BACKED NOTES, SERIES 2005 1 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $85,000.00, 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 COLUMBIA County Courthouse within the legal hours of sale on the first Tuesday in October, 2015, the following described property: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE COUNTY OF COLUMBIA, STATE OF GEORGIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT LOT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF COLUMBIA, BEING KNOWN AND DESIGNATED AS TRACTS A AND B, ON LAMKIN ROAD, AS SHOWN ON A PLAT PREPARED BY RUSSELL P. HOWARD, DATED OCTOBER 10, 1994, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF COLUMBIA COUNTY, GEORGIA IN PC B, SLIDE 377, #9. REFERENCE IS HEREBY MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO METES, BOUNDS AND LOCATION OF SAID PROPERTY. SAID PROPERTY IS CONVEYED SUBJECT TO A 30 FOOT INGRESS EGRESS EASEMENT SHOWN ON SAID PLAT; AND ALSO SUBJECT TO ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD IN SAID CLERK'S OFFICE. PARCEL NO: 32 20 COMMONLY KNOWN AS: 578 LAMKIN ROAD, HARLEM, GA 30814 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). HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005 1, CALLABLE MORTGAGE BACKED NOTES, SERIES 2005 1 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005 1, CALLABLE MORTGAGE BACKED NOTES, SERIES 2005 1 (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 578 LAMKIN ROAD, HARLEM, GEORGIA 30814 is/are: FELICIA DOWNS 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. HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FBR SECURITIZATION TRUST 2005 1, CALLABLE MORTGAGE BACKED NOTES, SERIES 2005 1 as Attorney in Fact for FELICIA DOWNS THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005429691 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398 Sept. 9, 16, 23, 30, 2015 Adv. #16714432
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