Notice of Sale
State of Georgia,
County of COLQUITT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KIMBERLY BRASWELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR SOUTH GEORGIA BANKING COMPANY , dated 10/21/2008, and Recorded on 10/27/2008 as Book No. 1023 and Page No. 242, COLQUITT County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $79,560.00, 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 COLQUITT County Courthouse within the legal hours of sale on the first Tuesday in September, 2012, the following described property:
0.41 ACRES, MORE OR LESS, IN LAND LOT 239 IN THE 8TH LAND DISTRICT OF COLQUITT COUNTY, GEORGIA, SHOWN AS TRACT 1 ON A PLAT OF SURVEY PREPARED BY DANIEL L. HINSON, GRLS #2895, DATED SEPTEMBER 29, 2008, ENTITLED PLAT OF SURVEY FOR BARBARA ALLEN RAYBURN AND RECORDED IN PLAT BOOK 41, PAGE 103A, COLQUITT COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF THE MOULTRIE-CAMILLA GEORGIA ROUTE NO. 37 WITH THE FUNSTON-SALE CITY ROAD AND RUN SOUTH 68 DEGREES 07 MINUTES 26 SECONDS WEST A DISTANCE OF 2068.71 FEET TO AN IRON PIN SET ON THE NORTH MARGIN OF THE SAID GEORGIA ROUTE NO. 37; CONTINUE THENCE ALONG THE SAID NORTH MARGIN OF GEORGIA ROUTE NO. 37 ALONG THE ARC OF A CIRCLE AN ARC DISTANCE OF 11.75 FEET WITH THE RADIUS OF THE CIRCLE BEING 5779.65 FEET WITH A CHORD BEARING OF SOUTH 63 DEGREES 27 MINUTES 32 SECONDS WEST A CHORD LENGTH OF 11.75 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE ALONG SAID MARGIN OF GEORGIA ROUTE NO. 37 ALONG THE ARC OF A CIRCLE AN ARC DISTANCE OF 110.67 FEET WITH THE RADIUS OF THE CIRCLE BEING 5779.65 FEET WITH A CHORD BEARING OF SOUTH 62 DEGREES 51 MINUTES 40 SECONDS WEST A CHORD LENGTH OF 110.67 FEET TO A POINT; THENCE RUN NORTH 30 DEGREES 20 MINUTES 54 SECONDS WEST A DISTANCE OF 151.08 FEET TO AN IRON PIN SET; THENCE RUN NORTH 63 DEGREES 24 MINUTES 11 SECONDS EAST A DISTANCE OF 128.94 FEET TO A POINT; THENCE RUN SOUTH 23 DEGREES 23 MINUTES 25 SECONDS EAST A DISTANCE OF 149.94 FEET TO THE POINT OF BEGINNING.
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 attorneys fees (notice of intent to collect attorneys fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. 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 358 W MULBERRY ST, MOULTRIE, GEORGIA 31768 is/are: KIMBERLY BRASWELL 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 KIMBERLY BRASWELL.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER
LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.