Notice of Sale Under Power.
State of Georgia,
County of STEPHENS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JASON DURDEN AND AMY DURDEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR HOMESTAR FINANCIAL CORP., ITS SUCCESSORS AND ASSIGNS , dated 12/07/2009, and Recorded on 12/15/2009 as Book No. 915 and Page No. 473 484, AS AFFECTED BY BOOK 1085, PAGE 270, STEPHENS 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 $160,500.00, 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 STEPHENS County Courthouse within the legal hours of sale on the first Tuesday in March, 2019, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 141, OF THE 12TH LAND DISTRICT OF STEPHENS COUNTY, GEORGIA, AND BEING THAT 1.80 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED CLIFF TAYLOR BY BARTLETT & CASH LAND SURVEYORS, INC., REGISTERED SURVEYOR DATED JUNE 15, 2001 MAPPED AUGUST 5, 2002, RECORDED IN PLAT BOOK 17, PAGE 108, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF STEPHENS COUNTY, GEORGIA AND INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE FOR A MORE DETAILED DESCRIPTION.
ALSO: 60 FOOT NON EXCLUSIVE INGRESS EGRESS EASEMENT FROM THE WESTERLY RIGHT OF WAY OF BEND'N HICKORY ROAD TRAVELING IN A GENERALLY WESTERN DIRECTION TO THE SUBJECT PROPERTY. GRANTOR DOES FURTHER RESERVE THE RIGHT TO USE THE ENTIRETY OF SAID GRAVEL ROAD FOR INGRESS AND EGRESS AND FOR UTILITY INSTALLATION AND MAINTENANCE TO OTHER PROPERTY OWNED BY GRANTOR. AT SUCH TIME, IF EVER, SAID PRIVATE ROAD IS IMPROVED TO POINT ACCEPTABLE FOR INCLUSION IN THE ROAD SYSTEM OF STEPHENS COUNTY, GRANTEE(S) OF THEMSELVES AND THEIR SUCCESSORS IN TITLE, AGREE TO SIGN A RIGHT OF WAY DEED CONVEYING GRANTEES' AND THEIR SUCCESSOR INTEREST IN SAID GRAVEL ROAD TO STEPHENS COUNTY, GEORGIA. IN THE USE OF SAID INGRESS AND EGRESS GRAVEL ROAD, GRANTEES AND THEIR SUCCESSORS IN TITLE, SHALL REFRAIN FROM MOVING ALONG SAID ROAD HEAVY MACHINERY IN WET WEATHER AND SHALL REFRAIN FROM OTHER SUCH ACTS WHICH MAY DAMAGE SAID ROAD, IF GRANTEES OR THEIR SUCCESSORS IN TITLE SHALL CAUSE DAMAGE TO SAID ROAD GREATER THAN NORMAL WEAR AND TEAR THROUGH THE USE OF SAID ROAD FOR ANY PURPOSE GRANTED HEREIN, GRANTEES, SHALL PROMPTLY REPAIR ANY SUCH DAMAGE SO THAT SAID ROAD SHALL THEREAFTER BE IN ESSENTIALLY THE SAME CONDITION OR BETTER CONDITION AS PRIOR TO SAID DAMAGE. LIKEWISE, UNTIL AND IF SAID GRAVEL ROAD BECOMES A COUNTY ROAD, GRANTEES, FOR THEMSELVES AND THEIR SUCCESSORS IN TITLE, AGREE TO PAY THEIR PROPORTIONATE SHARE OF THE COST OF MAINTENANCE OF SAID PRIVATE ROAD FROM BEND N' HICKORY ALONG SUCH PARTS OF SAID PRIVATE ROAD AS ARE UTILIZED BY GRANTEES TO ACCESS THEIR PROPERTY.
IN ADDITION TO THE USE OF SAID ROAD FOR INGRESS AND EGRESS, GRANTEES, TOGETHER WITH THEIR SUCCESSORS IN TITLE, SHALL HAVE THE NON EXCLUSIVE RIGHT TO HAVE PUBLIC UTILITIES, IF NOT NOW EXISTING, BROUGHT ALONG THE SIDES OF SAID ROAD, AND FROM BEND N' HICKORY ROAD SO AS TO MAKE AVAILABLE FOR THE DESCRIBED PROPERTY UTILITIES SUCH AS ELECTRICITY, WATER, TELEPHONE, NATURAL GAS, CABLE TV., ETC. IT SHALL BE THE RESPONSIBILITY OF GRANTEES, FOR THEMSELVES AND THEIR SUCCESSORS IN TITLE, TO CAUSE THE PERSON OR COMPANY INSTALLING SAID UTILITIES TO REPAIR ANY DAMAGE TO SAID ROAD OR THE SHOULDERS, DITCHES OR BANKS, AS GOOD CONVERSATION AND EROSION CONTROL PRACTICES DICTATE UPON THE COMPLETION OF SAID UTILITY INSTALLATION, REPAIR OR MAINTENANCE.
THE PROPERTY HEREIN CONEYED IS SUBJECT TO THE FOLLOWING RESTRICTIONS:
A. SAID PROPERTY SHALL BE USED FOR SINGLE FAMILY RESIDENTIAL PURPOSES ONLY AND NO BUILDINGS SHALL BE ERECTED OR MAINTAINED ON ANY LOTS OTHER THAN A PRIVATE RESIDENCE, A PRIVATE GARAGE, AND SUCH OTHER OUT BUILDINGS INCLUDING BARNS AS ARE CUSTOMARY IN RESIDENTIAL DEVELOPMENTS.
B. NO HOUSE CONSTRUCTED ON SAID PROPERTY SHALL HAVE LESS THAN 1,200 SQUARE FEET OF HEATED FLOOR SPACE.
C. ANY HOUSE CONSTRUCTED ON SAID PROPERTY SHALL HAVE A ROOF PITCH OF AT LEAST 4/12 PITCH.
D. BUILDING SETBACK LINES SHALL BE AS FOLLOWS: AT LEAST FIFTEEN (15) FEET ON SIDES; TWENTY FIVE (25) FEET IN REAR, AND FORTY (40) FEET IN FRONT.
E. ANY BUILDING PLANS SHALL BE APPROVED BY GRANTOR PRIOR TO CONSTRUCTION.
F. NO MOBILE HOMES ALLOWED.
G. PROPERTY CANNOT BE SUBDIVIDED INTO LESS THAT 1 ACRE LOTS. 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 130 ANGEL DRIVE, TOCCOA, GEORGIA 30577 is/are: JASON DURDEN AND AMY DURDEN 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 JASON DURDEN AND AMY DURDEN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006376958 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.