The Press Sentinel
Wayne County

Notice of Sale Under Power
Aug 06, 2012 | 117 views | email to a friend | print

Notice of Sale Under Power. State of Georgia, County of WAYNE. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by BENNY HEWITT SR to MORTGAGE LENDERS NETWORK USA, INC. , dated 03/17/2003, and Recorded on 03/24/2003 as Book No. 26-P and Page No. 14-33, WAYNE County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., F/K/A JP MORGAN CHASE BANK, AS TRUSTEE FOR RASC 2003-KS4, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $58,960.00, 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 WAYNE County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 76 OF THE THIRD LAND DISTRICT, WAYNE COUNTY, GEORGIA, CONTAINING 1.00 ACRE, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT THEREOF PREPARED BY QUILLIE E. KINARD, JR., G.R.L.S. NUMBER 1572, DATED NOVEMBER 18, 1993, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, WAYNE COUNTY, GEORGIA, IN PLAT BOOK 29, PAGE 172. REFERENCE IS HEREBY MADE TO SAID PLAT AND THE RECORD THEREOF FOR ALL PURPOSES OF DESCRIPTION. 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). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: AMERICA'S SERVICING COMPANY, 3476 STATEVIEW BLVD, Foreclosure, FORT MILL, SC 29715, 800-288-3212. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1180 CHAPMAN PLANTATION ROAD, JESUP, GEORGIA 31545 is/are: BENNY HEWITT SR 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. THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., F/K/A JP MORGAN CHASE BANK, AS TRUSTEE FOR RASC 2003-KS4 as Attorney in Fact for BENNY HEWITT SR. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110134001037 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.

Run Dates: August 8, 15, 22, and 29,2012

No. 649
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