NOTICE OF SALE UNDER POWER
STATE OF GEORGIA, COUNTY OF ELBERT
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Katie Marie Holland to Mortgage Electronic Registration Systems, Inc. ( ERS , as Nominee for Primary Capital Advisors LC, dated March 31, 2010, and recorded on April 5, 2010 as Book No. 501 and Page No. 121-133, Elbert County, Georgia records, as last assigned to JPMorgan Chase Bank, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $84,150.00, 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 Elbert County Courthouse within the legal hours of sale on the first Wednesday in January, 2013, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being on the northeast side of Oak Street, in the City of Elberton, 189th G.M. District of Elbert County, Georgia, and being more particularly described as Lot 5 of the Ben I. Sutton subdivision, in a plat of survey prepared by C.M. Rucker, CE and A.P. Stevens, RS, dated January 16, 1959, and updated on August 11, 1962, recorded in Plat Book 4, at Page 391, Elbert County, Georgia Records, said plat and the recording thereof being expressly incorporated herein and made a part of this description.
Said property being bounded now or formerly as follows: On the northeast by Lot 5A; on the southeast by Robert Dean; on the southwest by Oak Street; and on the northwest by Lot 6.
This being the same property described in an Executor Deed Under Power of Sale from Gregory McBurton Bone and Debra Lynn Bone Giardini, as executors of the Last Will and Testament of James H. Bone, to Timothy Hulme Hopkins, dated August 10, 2007, recorded on August 13, 2007, in Deed Book 448 at Pages 636-638 in the Office of the Clerk of the Superior Court of Elbert 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 fees (notice of intent to collect attorney fees having been given).
JPMorgan Chase Bank, N.A. 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, N.A. (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, Successor by Merger to Chase Home Finance LLC may be contacted at: JPMorgan Chase Bank, National Association, 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 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 62 Oak Street, Elberton, Georgia 30635 is/are: Katie Marie Holland 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, N.A. as Attorney in Fact for Katie Marie Holland
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard Addison, Texas 75001
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.