Notice Content
NOTICE OF SALE UNDER POWER.
State of Georgia,
County of BEN HILL.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by STEVEN MATTHEW DEFORE to JP MORGAN CHASE BANK, N.A. , dated 11/05/2010, and Recorded on 11/10/2010 as Book No. 764 and Page No. 73, Ben Hill 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 $189,405.00, 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 Ben Hill County Courthouse within the legal hours of sale
on the first Tuesday in December, 2016, the following described property:
A TRACT OF LAND LOCATED IN LAND LOT 88 IN THE THIRD LAND DISTRICT OF BEN HILL COUNTY, GEORGIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO OBTAIN THE POINT OF BEGINNING, COMMENCE AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF BENJAMIN HILL DRIVE (80' R/W) WITH THE EAST RIGHT OF WAY LINE OF GETTYSBURG ROAD (60' R/W); THENCE ALONG THE EAST RIGHT OF WAY LINE OF GETTYSBURG ROAD SOUTH 01 DEGREE 48 MINUTES 13 SECONDS EAST 1035.45 FEET TO THE POINT AND PLACE OF BEGINNING. FROM SAID POINT AND PLACE OF BEGINNING THENCE NORTH 89 DEGREES 53 MINUTES 57 SECONDS EAST 581.55 FEET; THENCE SOUTH 01 DEGREE 48 MINUTES 13 SECONDS EAST 374.52 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 57 SECONDS WEST 581.55 FEET TO A POINT LOCATED ON THE EAST RIGHT OF WAY LINE OF GETTYSBURG ROAD; THENCE ALONG THE EAST RIGHT OF WAY LINE OF SAID ROAD NORTH 01 DEGREE 48 MINUTES 13 SECONDS WEST 374.52 FEET TO THE POINT
AND PLACE OF BEGINNING. SAID TRACT CONTAINS 5.00 ACRES AND IS MORE PARTICULARLY DELINEATED UPON A PLAT OF SURVEY ENTITLED "SURVEY FOR STEPHAN H.
FERRARA" MADE BY SUNBELT SURVEYORS, INC., DATED AUGUST 22, 2007 AND RECORDED IN PLAT SLIDE 683G1 IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BEN
HILL 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
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (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 140 GETTYSBURG ROAD, FITZGERALD, GEORGIA 31750 is/are: STEVEN MATTHEW DEFORE 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 913172.1, which allows for certain procedures regarding the
rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other fore-closure documents may not be pro-vided 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 STEVEN MATTHEW DEFORE.
BARRETT DAFFIN FRAPPIER LEVINE
& BLOCK, LLP 4004 Belt Line Road,
Suite 100 Addison, Texas 75001
Telephone: (972) 3415398.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006207559
(11/9,6,23,30)
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