• NOTICE OF SALE UNDER POWER S...

NOTICE OF SALE
UNDER POWER

State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES T. GRAY, JR to G. E. CAPITAL MORTGAGE SERVICES, INC. , dated 02/13/1998, and Recorded on 03/24/1998 as Book No. 1228 and Page No. 0321‑0326, COWETA County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, NA AS SUCCESSOR BY MERGER TO BANK ONENA AS SUCCESSOR BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO AS TRUSTEE FOR GE CAPITALMORTGAGE SERVICES, INC. HOME EQUITY LOAN PASS‑THROUGH CERTIFICATES, SERIES 1998‑HE1 (the Secured Creditor), by assignment, conveying the after‑described property to secure a Note of even date in the original principal amount of $36,500.00, 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 COWETA County Courthouse within the legal hours of sale on the first Tuesday in October, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE TOWN OF TURIN, IN LAND LOT 124, FIRST LAND DISTRICT, COWETA COUNTY, GEORGIA, BEING A MORE PARTICULARLY IDENTIFIED BY PLAT OF PROPERTY PREPARED FOR JAMES T. GRAY, JR. BY KENCO ENGINEERING & SURVEYING CO., INC., SAID PLAT BEING OF RECORD IN PLAT BOOK 20, PAGE 237, OFFICE OF THE CLERK, COWETA SUPERIOR COURT, REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. SAID PROPERTY IS DESCRIBED ACCORDING TO SAID PLAT AS FOLLOWS; BEGIN AT AN IRON PIN IN THE NORTHWESTERLY CURB OF NEWNAN STREET, SAID IRON PIN BEING 181.5 FEET EASTERLY OF THE POINT OF INTERSECTION OF THE SOUTHWESTERLY CURB ON OLD HIGHWAY 16 WITH THE NORTHWESTERLY CURB OF NEWNAN STREET (IF THE NORTHWESTERLY CURB OF NEWNAN STREET WERE EXTENDED TO INTERSECT THE SOUTHWESTERLY CURB OF OLD HIGHWAY 16), AND FROM SAID IRON PIN RUN THENCE NORTH 28 DEGREES 35 MINUTES EAST ALONG THE FENCE 188 FEET TO AN IRON PIN FOUND; THENCE NORTH 71 DEGREES 19 MINUTES WEST 235.84 FEET TO AN IRON PIN FOUND; THENCE SOUTH 34 DEGREES 45 MINUTES WEST 224.25 FEET TO AN IRON PIN FOUND ON THE NORTHEASTERLY CURB OF OLD HIGHWAY 16; THENCE RUN IN A SOUTHEASTERLY DIRECTION ALONG OLD HIGHWAY 16 AND CONTINUE ALONG THE NORTHWESTERLY SIDE OF NEWNAN STREET A TOTAL DISTANCE OF 276 FEET, MORE OR LESS TO THE POINT OF BEGINNING. 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). THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, NA AS SUCCESSOR BY MERGER TO BANK ONENA AS SUCCESSOR BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO AS TRUSTEE FOR GE CAPITALMORTGAGE SERVICES, INC. HOME EQUITY LOAN PASS‑THROUGH CERTIFICATES, SERIES 1998‑HE1 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, NA AS SUCCESSOR BY MERGER TO BANK ONENA AS SUCCESSOR BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO AS TRUSTEE FOR GE CAPITALMORTGAGE SERVICES, INC. HOME EQUITY LOAN PASS‑THROUGH CERTIFICATES, SERIES 1998‑HE1 (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, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800‑288‑3212. 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 57 OLD NEWNAN ROAD, TOWN OF TURIN, GEORGIA 30263 is/are: JAMES T. GRAY, 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. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, NA AS SUCCESSOR BY MERGER TO BANK ONENA AS SUCCESSOR BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO AS TRUSTEE FOR GE CAPITALMORTGAGE SERVICES, INC. HOME EQUITY LOAN PASS‑THROUGH CERTIFICATES, SERIES 1998‑HE1 as Attorney in Fact for JAMES T. GRAY, JR. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006945471 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341‑5398.
No.67316-9-7-14-21-28
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PostedSeptember 07, 2017