Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by RENE MOYA AND BETTY MOYA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR METRO FINANCE, dated 04/05/2008, and Recorded on 06/30/2008 as Book No. 447 and Page No. 246-254, APPLING County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $84,333.00, 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 February, 2013, the following described property: LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN CITY OF BAXLEY IN THE COUNTY OF APPLING, AND STATE OF GA AND BEING DESCRIBED IN A DEED DATED 09/30/2004 AND RECORDED 11/30/2004 IN BOOK 397 PAGE 706 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS:
ALL OF THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF BAXLEY, APPLING COUNTY, GEORGIA, CONSISTING OF A TRACT OF LAND LOCATED ON THE NORTH SIDE OF IVY STREET FOR A DISTANCE OF 160 FEET AND RUNNING BACK NORTHWARD IN A STRIP OF EQUAL WIDTH A DISTANCE OF APPROXIMATELY 100 FEET TO THE PROPERTY OF MRS. EULEE NELSON. THIS PROPERTY IS BOUND NO OR FORMERLY AS FOLLOWS: ON THE NORTH BY LANDS OF MRS. EULEE NELSON, BEING FORMERLY OWNED BY MRS. MERLE BARNES; ON THE EAST BY LAND OF MRS. EULEE NELSON, THE DIVIDING LINE BEING A STRAIGHT LINE RUNNING BETWEEN TWO IRON STAKES LOCATED AT THE NORTHEAST CORNER OF THE PROPERTY CONVEYED HEREIN, ON THE SOUTH BY IVY STREET; AND ON THE WEST BY AN ALLEY DIVIDING FROM LANDS OF MRS. SOLOMON NICHOLS, SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. 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, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC 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, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC (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 58 IVEY ST., BAXLEY, GEORGIA 31513 is/are: RENE MOYA AND BETTY MOYA 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, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC as Attorney in Fact for RENE MOYA AND BETTY MOYA.
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.
1-9, 1-16, 1-23 & 1-30ch
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