Notice of Sale Under Power.
State of Georgia, County of LUMPKIN.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WAYNE EZEKIEL THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS"), AS NOMINEE FOR MORTGAGE LENDERS OF AMERICA, LLC, ITS SUCCESSORS AND ASSIGNS , dated 09/05/2013, and Recorded on 09/06/2013 as Book No. 1257 and Page No. 559 573, AS AFFECTED BY BOOK 1358, PAGE 382, LUMPKIN 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 $184,320.00, 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 LUMPKIN County Courthouse within the legal hours of sale on the first Tuesday in March, 2018, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 307 OF THE 5TH DISTRICT, 1ST SECTION, LUMPKIN COUNTY, GEORGIA, CONSISTING OF 10.20 ACRES, MORE OR LESS AND BEING MORE FULLY DESCRIBED AND DELINEATED ACCORDING TO A PLAT OF SURVEY PREPARED JANUARY 27, 1999 BY MARK E. CHASTAIN, GEORGIA REGISTERED LAND SURVEYOR, WHICH IS RECORDED IN PLAT CABINET ONE, SLIDE 26, PLAT 108, LUMPKIN COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE.
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, NATIONAL ASSOCIATION 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, 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 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 756 NIMBLEWILL CREEK RD, DAHLONEGA, GEORGIA 30533 is/are: WAYNE EZEKIEL THOMAS 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 WAYNE EZEKIEL THOMAS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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