The Herald Leader
Benhill County

NOTICE OF SALE UNDER POWER
Jan 08, 2013 | 165 views | email to a friend | print

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 Se-

cure Debt given by CHERYL Y CUM-

MINGS to MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.

("MERS") AS NOMINEE FOR HOMES-

TAR FINANCIAL CORPORATION ,

dated 06/24/2008, and Recorded

on 06/27/2008 as Book No. 704

and Page No. 16, BEN HILL

County, Georgia records, as last

assigned to JPMORGAN CHASE

BANK, NATIONAL ASSOCIATION,

SUCCESSOR BY MERGER TO CHASE

HOME FINANCE LLC (the Secured

Creditor), by assignment, convey-

ing the after-described property to

secure a Note of even date in the

original principal amount of

$101,020.00, 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 Feb-

ruary, 2013, the following described

property:

ALL OF LOT 6 IN FELLOWSHIP ES-

TATES SUBDIVISION PHASE III IN

THE CITY OF FITZGERALD, LAND

LOT 279 IN THE 4TH LAND DISTRICT

OF BEN HILL COUNTY, GEORGIA, AS

SHOWN BY THE PLAT OF SAID SUB-

DIVISION PREPARED BY JAMES D.

WEEKS, GEORGIA REGISTERED

LAND SURVEYOR NO. 2111, DATED

APRIL 11, 2005, AND RECORDED IN

PLAT SLIDE 678-E1, IN THE OFFICE

OF THE CLERK OF SUPERIOR

COURT OF BEN HILL COUNTY,

GEORGIA.

SUBJECT TO THOSE CERTAIN RE-

STRICTIVE COVENANTS CONTAINED

IN THE WARRANTY DEED FROM

SUMMA BUILDERS, INC. TO CHERYL

L CUMMINGS, DATED JUNE 24TH,

2008, AND RECORDED IN THE OF-

FICE OF THE CLERK OF SUPERIOR

COURT OF BEN HILL COUNTY,

GEORGIA, IN DEED BOOK 704 AT

PAGES 11-15.

PROPERTY ADDRESS: 108 ZIFFLE

COURT, FITZGERALD, GA 31750

MAP AND PARCEL #: 6 10 21A 6

The debt secured by said Deed to

Secure Debt has been and is

hereby declared due because of,

among other possible events of de-

fault, failure to pay the indebted-

ness 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 fees (notice of

intent to collect attorney fees hav-

ing been given).

JPMORGAN CHASE BANK, NA-

TIONAL ASSOCIATION, SUCCESSOR

BY MERGER TO CHASE HOME FI-

NANCE LLC holds the duly endorsed

Note and is the current assignee of

the Security Deed to the property.

JPMORGAN CHASE BANK, NATIONAL

ASSOCIATION, SUCCESSOR BY

MERGER TO CHASE HOME FINANCE

LLC, acting on behalf of and, as

necessary, in consultation with

JPMORGAN CHASE BANK, NATIONAL

ASSOCIATION, SUCCESSOR BY

MERGER TO CHASE HOME FINANCE

LLC (the current investor on the

loan), is the entity with the full

authority to negotiate, amend, and

modify all terms of the loan. Pursu-

ant to O.C.G.A. 44-14-162.2,

JPMORGAN CHASE BANK, NATIONAL

ASSOCIATION, SUCCESSOR BY

MERGER TO CHASE HOME FINANCE

LLC may be contacted at: JPMOR-

GAN CHASE BANK, NATIONAL ASSO-

CIATION, SUCCESSOR BY MERGER

TO CHASE HOME FINANCE LLC, 3415

VISION DRIVE, COLUMBUS, OH

43219, 866-550-5705.

Please note that, pursuant to

O.C.G.A. 44-14-162.2, the se-

cured 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 108 Zip-

ple Court, Fitzgerald, Georgia

31750 is/are: CHERYL Y CUMMINGS

or tenant/tenants. Said property will

be sold subject to (a) any outstand-

ing ad valorem taxes (including

taxes which are a lien, but not yet

due and payable), (b) any matters

which might be disclosed by an ac-

curate survey and inspection of the

property, and (c) all matters of re-

cord superior to the Deed to Secure

Debt first set out above, including,

but not limited to, assessments,

liens, encumbrances, zoning ordi-

nances, easements, restrictions,

covenants, etc. The sale will be

conducted subject to (1) confirma-

tion 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. Pursu-

ant 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 con-

firmation and audit of the status of

the loan as provided in the preced-

ing paragraph. JPMORGAN CHASE

BANK, NATIONAL ASSOCIATION,

SUCCESSOR BY MERGER TO CHASE

HOME FINANCE LLC

as Attorney in Fact for

CHERYL Y CUMMINGS.

THIS LAW FIRM IS ACTING AS A

DEBT COLLECTOR ATTEMPTING TO

COLLECT A DEBT. ANY INFORMA-

TION OBTAINED WILL BE USED FOR

THAT PURPOSE. 20120187408891

Barrett Daffin, Frappier Levine &

Block LLP 15000 Surveyor Boule-

vard Addison, Texas 75001

Telephone: (972) 341-5398.

(1/9,16,23,30)