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Notice of Sale Under Power. State of Georgia, County of BERRIEN.
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Notice of Sale Under Power. State of Georgia, County of BERRIEN.

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KATHLEEN L. BOUGHTON to JPMORGAN CHASE BANK, N.A. , dated 02/20/2009, and Recorded on 02/23/2009 as Book No. 655 and Page No. 95, BERRIEN County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $128,571.00, 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 BERRIEN 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 SITUATE, LYING AND BEING IN LAND LOT NO. 227, 10TH LAND DISTRICT, BERRIEN COUNTY, GEORGIA, AND LOCATED WITHIN THE CITY OF NASHVILLE, GEORGIA, AND BEING MORE DESIGNATED AS LOT 23, BLOCK A, MEADOW BROOK SUBDIVISION, SECTION B, ACCORDING TO THAT CERTAIN PLAT OF SURVEY PREPARED BY HOGAN SURVEYING COMPANY, INC., GEORGIA REGISTERED LAND SURVEYORS, DATED MARCH 21, 1989, AND RECORDED IN PLAT CABINET 1, SLIDE C-91, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF BERRIEN COUNTY, GA. SAID PLAT IS INCORPORATED AND MADE A PART OF THIS DESCRIPTION BY REFERENCE HERETO.

SITUATE ON THE ABOVE DESCRIBED LANDS IS A DWELLING DESIGNATED AS 603 CHERRY DRIVE, NASHVILLE, GA. 31639, ACCORDING TO THE PRESENT NUMBERING SYSTEM IN THE CITY OF NASHVILLE, GEORGIA.

SUBJECT TO THOSE CERTAIN PROTECTIVE COVENANTS AND EASEMENTS CONTAINED THEREIN AS DECLARED BY SOUTH GEORGIA FINANCIAL SERVICE CORPORATION ON NOVEMBER 26, 1973, AND RECORDED IN DEED BOOK 114 AT PAGES 375-379 IN THE OFFICE OF THE CLERK OF BERRIEN COUNTY SUPERIOR COURT, AND AS AMENDED NOVEMBER 26, 1973, AND SAID AMENDMENT BEING RECORDED IN DEED BOOK 117 AT PAGES 248-250, IN THE OFFICE OF THE CLERK OF BERRIEN COUNTY SUPERIOR COURT, AND AS FURTHER AMENDED JUNE 24, 1975, AND SAID AMENDMENT BEING RECORDED IN DEED BOOK 118 AT PAGES 206-208, IN THE OFFICE OF THE CLERK OF BERRIEN COUNTY SUPERIOR COURT AS FURTHER AMENDED SEPTEMBER 16, 1977, AND SAID AMENDMENT BEING RECORDED IN DEED BOOK 124 AT PAGES 274-275 IN THE OFFICE OF THE CLERK OF BERRIEN COUNTY SUPERIOR COURT, AND AS FURTHER AMENDED NOVEMBER 26, 1973, AND SAID AMENDMENT BEING RECORDED OCTOBER 6, 1977 IN DEED BOOK 124 AT PAGES 402-406 IN THE OFFICE OF THE CLERK OF BERRIEN COUNTY SUPERIOR COURT. SAID COVENANTS HAVE BEEN VIOLATED AND A FUTURE VIOLATION WILL NOT RESULT IN A FORFEITURE OF TITLE.

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).

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 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 (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 603 CHERRY DRIVE, NASHVILLE, GEORGIA 31639 is/are: KATHLEEN L. BOUGHTON 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, NATIONAL ASSOCIATION as Attorney in Fact for KATHLEEN L. BOUGHTON.

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110187411212

BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP

15000 Surveyor Boulevard

Addison, Texas 75001

Telephone: (972) 341-5398

Dec. 5, 12, 19, 26