Legal Notice
STATE OF
ALABAMA
COUNTY OF
WINSTON
NOTICE OF
MORTGAGE
FORECLOSURE SALE
WHEREAS, default has occurred in the performance of the covenants terms and conditions of that mortgage from Randall O. Comeens, a married man, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated February 24, 2005 and recorded in the Office of the Judge of Probate of Winston County, Alabama on March 14, 2005, in Mortgage Volume 469 at Page 776; and
ALSO, that certain Mortgage from Randall Comeens a/k/a Randall O. Comeens and Barbara J. Comeens, as Husband and Wife, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 9, 2015 and recorded in the Office of the Judge of Probate of Winston County, Alabama on February 3, 2015, in Mortgage Volume 594 at Page 831; and
ALSO, that certain Mortgage from Jesse L. Comeens, an unmarried person and Randall Comeens a/k/a Randall O. Comeens and Barbara J. Comeens, as Husband and Wife, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated July 11, 2019 and recorded in the Office of the Judge of Probate of Winston County, Alabama on July 19, 2019, in Mortgage Volume 639 at Page 505; and
BankFirst Financial Services, successor by merger to Traders and Farmers Bank, as mortgagee, having declared all of the indebtedness secured by said mortgage due and payable and such default continuing, notice is hereby given under and by virtue of the power of sale contained in said mortgage, that BankFirst Financial Services, successor by merger to Traders and Farmers Bank, as mortgagee, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Double Springs, Winston County, Alabama during the legal hours of sale (between 11 a.m. and 4 p.m.) on the 11th day of May, 2023, the following property, situated in Winston County, Alabama together with hereditaments and appurtenances there unto belonging and all buildings, structures, fixtures and other improvements now or hereafter existing, erected or installed thereon to-wit:
TRACT ONE:
THE WEST 10 ACRES OF THE NE ¼ OF THE SE ¼, THE SOUTH 30 ACRES OF THE SW ¼ OF THE NE ¼ LESS THE SW 2 ACRES, AND ALSO THE EAST 24 ACRES OF THE NW ¼ OF THE SE ¼ LESS AND EXCEPT 2 ACRES IN THE SE CORNER OF SAID FORTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE ROAD ON THE EAST LINE OF SAID FORTY, THENCE WEST ALONG THE NORTH SIDE ROAD 140 YARDS; THENCE NORTH 70 YARDS; THENCE EAST PARALLEL WITH SAID ROAD 140 YARDS MORE OR LESS TO EAST LINE OF FORTY; THENCE SOUTH TO POINT OF BEGINNING. ALL THE ABOVE LANDS BEING IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 9 WEST. CONTAINING 60 ACRES MORE OR LESS.
LESS AND EXCEPT: A PARCEL OF PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN 360 FEET MORE OR LESS NORTH OF THE SE CORNER OF THE NW ¼ OF SE ¼ SECTION 7, TOWNSHIP 10, AND RANGE 9 AT NORTH SIDE OF A DIRT ROAD; THENCE NORTH
ALONG SAID
FORTY 300 FEET TO POINT; THENCE WEST 300 FEET TO A POINT; THENCE SOUTH 300 FEET TO A POINT;
THENCE EAST 300 FEET TO POINT OF BEGINNING. CONTAINING 2 ACRES, MORE OR LESS.
TRACT TWO:
A PARCEL OF LAND LYING PARTLY IN THE NW ¼ OF SE ¼ AND PARTLY IN THE NE ¼ OF SE ¼ SECTION 7, TOWNSHIP 10, RANGE 9 MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEING ALL OF THE NW ¼ OF SE ¼ LYING IN THE SE CORNER OF SAID FORTY AND IN THE SW CORNER OF THE NE ¼ OF SE ¼ LYING SOUTH AND WEST OF A DIRT ROAD IN SAID FORTIES; AND ALSO BEING DESCRIBED AS BEGINNING AT THE SE CORNER OF NW ¼ OF SE ¼ AND RUNNING WEST A DISTANCE OF 170 FEET MORE OR LESS TO A DIRT ROAD THEN FOLLOWING SAID DIRT ROAD IN A
NORTHERLY AND NORTHEASTERLY DIRECTION ALONG SAID DIRT ROAD TO THE EAST LINE OF NW ¼ OF SE ¼ AND CONTINUING ON INTO THE NE ¼ OF SE ¼ TO WHERE SAID DIRT ROAD CROSSES THE EAST LINE OF THE WEST 10 ACRES OF NE ¼ OF SE ¼ AND ALSO: A SMALL PARCEL IN THE NE CORNER OF SW ¼ OF SE ¼ AND BEING ALL THAT PART OF SAID 40 LYING EAST OF THE DIRT ROAD MENTIONED ABOVE, AND NORTH OF A TRACT BELONGING TO FLORA HESS. ALL BEING IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 9 WEST,
WINSTON COUNTY,
ALABAMA.
LESS AND EXCEPT: ALL THE LAND THAT IS IN THE SW ¼ OF SE ¼, SECTION 7, TOWNSHIP 10, RANGE 9 WEST, WHICH LIES NORTHEAST OF THE DOUBLE
SPRINGS-
HALEYVILLE ROAD (STATE HIGHWAY NO. 5) CONTAINING 2 ACRES MORE OR LESS.
Said legal description being controlling, however the property is more commonly known as 56 County Road 3200, Double Springs, Alabama 35553; Parcel ID 67-07-03-07-0-000-010.000 and 67-07-03-07-0-000-011.001.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, and any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record, including, but not limited to, those superior to said mortgage first set out above.
Said property will be sold on an “AS-IS” basis without any representation, warranty or recourse against the above-named or the undersigned. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. This sale is subject to postponement or cancellation.
ALABAMA LAW GIVES SOME PERSONS WHO HAVE AN INTEREST IN PROPERTY THE RIGHT TO REDEEM THE PROPERTY UNDER CERTAIN CIRCUMSTANCES. PROGRAMS MAY ALSO EXIST THAT HELP PERSONS AVOID OR DELAY THE FORECLOSURE PROCESS. AN ATTORNEY SHOULD BE CONSULTED TO HELP YOU UNDERSTAND THESE RIGHTS AND PROGRAMS AS A PART OF THE FORECLOSURE PROCESS.
BankFirst
Financial Services,
successor by
merger to
Traders and
Farmers Bank,
as Mortgagee
Lowe, Mobley
Lowe & LeDuke
Attorneys for
Mortgagee
c/o Jonathan B. Lowe
1210 21st Street
P.O. Box 576
Haleyville, Alabama 35565
Tel: (205)486-5296
RC_April 19, 26,
May 3
1088