Notice of Sale Under Power.
State of Georgia,
County of THOMAS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOHN PAUL FERRELL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR HOMESTAR FINANCIAL CORP. , dated 12/08/2009, and Recorded on 12/08/2009 as Book No. 1608 and Page No. 192, THOMAS 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 $116,836.00, 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 THOMAS County Courthouse within the legal hours of sale on the first Tuesday in March, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 64 OF THE 13TH LAND DISTRICT OF THOMAS COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY FOR EARL MICHAEL CAMINITI AND CAROLYN JOY CAMINITI PREPARED NOVEMBER 8, 1990 BY LEROY OUZTS, GA. LICENSED SURVEYOR NO. 1654, SAID PLAT OF SURVEY IS RECORDED IN PLAT CABINET 1, FOLIO 169-D OF THE DEED RECORDS OF THOMAS COUNTY, GEORGIA, WHICH SAID PLAT OF SURVEY BY REFERENCE THERETO IS INCORPORATED HEREIN AND MADE A PART HEREOF FOR A MORE DEFINITE 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 attorneys fees (notice of intent to collect attorneys 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, 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 may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 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 309 POINT ROAD, THOMASVILLE, GEORGIA 31757 is/are: JOHN PAUL FERRELL 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 JOHN PAUL FERRELL.
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.