Notice of Sale Under Power.
State of Georgia,
County of HABERSHAM.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by
NATALIE M. CHUHRAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR PRIMARY CAPITAL ADVISORS, LC , dated 08/28/2009, and Recorded on 09/09/2009 as Book No. 899 and Page No. 604 616, HABERSHAM 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 $81,530.00, 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 HABERSHAM County Courthouse within the legal hours of sale on the first Tuesday in April, 2017, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 69 OF THE 10TH LAND DISTRICT OF HABERSHAM COUNTY AND BEING LOT 5 OF PEA RIDGE COURT PER PLAT OF SURVEY PREPARED BY APRIL 2, 1979, BY MAX LEWALLEN, GEORGIA REGISTERED SURVEYOR NO, 2087 AND BEING MORE FULLY DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE EASTERLY MARGIN OF GRAPEVINE STREET AND BEING LOCATED S 31 DEGREES 05 MINUTES EAST 180.0 FEET WHERE SAID MARGIN INTERSECTS WITH THE SOUTHERLY MARGIN OF PEA RIDGE ROAD AND BEING COMMON TO THE LOT HEREIN CONVEYED AND LOT 6 OF SAID SUBDIVISION; THENCE WITH LOT 6 N 61 DEGREES 13 MINUTES E 121.2 FEET TO AN IRON PIN COMMON TO SAID LOTS AND LANDS NOW OR FORMERLY OF FERGUSON; THENCE WITH LANDS OF FERGUSON S 31 DEGREES 05 MINUTES E 237.5 FEET TO AN IRON PIN; THENCE CONTINUING WITH LANDS OF FERGUSON S 61 DEGREES 13 MINUTES W 50.0 FEET TO AN IRON PIN SOMMON TO THE LOT HEREIN CONVEYED, LANDS OF FERGUSON AND LOT 4 OF SAID SUBDIVISION; THENCE WITH LOT 4 N 63 DEGREES 17 MINUTES W 177.3 FEET TO AN IRON PIN ON THE SOUTHERLY MARGIN OF THE GRAPEVINE STREET CUL DE SAC; THENCE ALONG THE MARGIN OF SAID CUL DE SAC AND STREET 98.4 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND CONTAINING 0.58 ACRES.THIS IS THAT SAME PROPERTY CONVEYED TO THE WILES GROUP, LLC FROM RICK STRATTON (THROUGH ATTORNEY IN FACT, WELLS FARGO BANK, NA) VIA DEED UNDER POWER DATED JULY 7, 2009 AND RECORDED ON AUGUST 11, 2009 IN DEED BOOK 896, PAGES 863 865 OF THE AFOREWRITTEN DEED RECORDS.
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, 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 162 GRAPEVINE ST, CORNELIA, GEORGIA 30531 is/are: NATALIE M. CHUHRAN 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 NATALIE M. CHUHRAN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000005091525
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
Telephone: (972) 341 5398.
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