Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by EDGAR RUSSELL HERNDON JR to WASHINGTON MUTUAL BANK, FA, dated 12/28/2005, and Recorded on 01/05/2006 as Book No. 412 and Page No. 110-117, APPLING 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 $33,900.00, 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 APPLING County Courthouse within the legal hours of sale on the first Tuesday in March, 2014, the following described property: SITUATED IN THE FOURTH LAND DISTRICT OF APPLING COUNTY, GEORGIA, CONSISTING OF 1.81 ACRES, OF ORIGINAL LAND LOT NO. 3, AND BEING BOUNDED AS FOLLOWS:
NORTH AND EAST LANDS OF BILL TOMBERLIN; SOUTH BY COUNTY ROAD #219; WEST BY COUNTY ROAD #478. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF COUNTY ROAD #478 WITH THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD #219, FROM SAID POINT OF COMMENCEMENT RUN NORTH 7 DEGREES 27' 06" EAST A DISTANCE OF 255.66 FEET; THENCE TURN AND RUN SOUTH 89 DEGREES 06' 32" EAST A DISTANCE OF 311.14 FEET; THENCE TURN AND RUN SOUTH 07 DEGREES 27' 06" WEST A DISTANCE OF 255.66 FEET; THENCE TURN AND RUN NORTH 89 DEGREES 06' 32" WEST A DISTANCE OF 311.14 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND BEING MORE FULLY SHOWN ON A SURVEY AND PLAT THEREOF DATED JANUARY 22, 1987, BY MERLIN J. TOMBERLIN. 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. MILA, INC., 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, MILA, INC. may be contacted at: MILA, INC., 6021 244TH STREET SW, MOUNTLAKE TERRACE, WA 98043, 425-275-0826. 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 243 ARNOLD RD SE, SURRENCY, GEORGIA 31563 is/are: EDGAR RUSSELL HERNDON JR 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 EDGAR RUSSELL HERNDON JR.
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.
2-5, 2-12, 2-19 & 2-26ch
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