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 Robert C. Criblez, Jr. and Rebecca Benge Criblez f/k/a Rebecca Benge, Husband and Wife, and Iva Lawley, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated July 16, 2015 and recorded in the Office of the Judge of Probate of Winston County, Alabama on July 27, 2015, in Mortgage Volume 599 at Page 702; and;
ALSO, that certain mortgage from Robert C. Criblez, Jr. and Rebecca Benge Criblez f/k/a Rebecca Benge, Husband and Wife, and Iva Lawley, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 26, 2016, and recorded in the Office of the Judge of Probate of Winston County, Alabama on February 8, 2016, in Mortgage Volume 604 at Page 762; and
ALSO, that certain mortgage from Robert C. Criblez, Jr. and Rebecca Benge Criblez f/k/a Rebecca Benge, Husband and Wife, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated May 25, 2016, and recorded in the Office of the Judge of Probate of Winston County, Alabama on June 13, 2016, in Mortgage Volume 608 at Page 165; 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 23rd day of April, 2024, the following property, situated in Winston County, Alabama together with hereditaments and appur- tenances there unto belonging and all buildings, structures, fixtures and other improvements now or hereafter existing, erected or installed thereon to-wit:
A PARCEL OF LAND LOCATED IN THE SW ¼ OF THE SW ¼ OF SECTION 33, TOWNSHIP 9 SOUTH, RANGE 9 WEST, AND THE SE ¼ OF THE SE ¼ OF SECTION 32, TOWNSHIP 9 SOUTH, RANGE 9 WEST, WINSTON COUNTY, ALABAMA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF THE SW ¼ OF THE SW ¼ OF SAID SECTION 33, THENCE S 89 DEGREES 13 MINUTES 16 SECONDS E ALONG THE SOUTH BOUNDARY OF SAID SW ¼ OF THE SW ¼ A DISTANCE OF 26.74 FEET TO THE INTERSECTION OF THE NORTH RIGHT OF WAY OF
COUNTY ROAD 418 (VERDIE DAVIS ROAD);
THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY BEING A CURVE TO THE RIGHT AND HAVING A RADIUS OF 219.75 FEET A CHORD BEARING OF N 75 DEGREES 23 MINUTE 46 SECONDS EAST AND A CHORD DISTANCE OF 82.46 FEET;
THENCE N 01 DEGREE 09 MINUTES 42 SECONDS WEST A DISTANCE OF 223.95 FEET;
THENCE S 88 DEGREES 25 MINUTES 15 SECONDS EAST A DISTANCE OF 13.70 FEET;
THENCE NORTH 61 DEGREES 45 MINUTES 52 SECONDS EAST A DISTANCE OF 154.42 FEET;
THENCE S 55 DEGREES 11 MINUTES 53 SECONDS EAST A DISTANCE OF 100.68 FEET;
THENCE N 00 DEGREES 45 MINUTES 53 SECONDS E A DISTANCE OF 1052.91 FEET TO THE NORTH BOUNDARY OF SAID SW ¼ OF THE SW ¼;
THENCE N 89 DEGREES 11 MINUTES 23 SECONDS WEST ALONG SAID NORTH BOUNDARY A DISTANCE OF 328.00 FEET, TO THE NW CORNER OF SAID SW ¼ OF THE SW ¼;
THENCE N 87 DEGREES 49 MINUTES 12 SECONDS WEST ALONG THE NORTH BOUNDARY OF THE SE ¼ OF THE SE ¼ OF SAID SECTION 32 A DISTANCE OF 466.27 FEET;
THENCE N 88 DEGREES 10 MINUTES 00 SECONDS WEST A DISTANCE OF 20.00 FEET TO A BLUFF;
THENCE S 51 DEGREES 53 MINUTES 07 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 55.25 FEET;
THENCE S 39 DEGREES 17 MINUTES 37 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 63.64 FEET;
THENCE S 49 DEGREES 47 MINUTES 58 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 89.75 FEET;
THENCE S 63 DEGREES 04 MINUTES 27 SECONDS W ALONG SAID BLUFF A DISTANCE OF 50.41 FEET;
THENCE SOUTH 64 DEGREES 33 MINUTES 38 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 99.70 FEET;
THENCE S 42 DEGREES 47 MINUTES 01 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 49.51 FEET;
THENCE S 00 DEGREES 31 MINUTES 50 SECONDS EAST ALONG SAID BLUFF A DISTANCE OF 65.31 FEET;
THENCE S 10 DEGREES 48 MINUTES 33 SECONDS EAST ALONG SAID BLUFF A DISTANCE OF 102.78 FEET;
THENCE S 15 DEGREES 11 MINUTES 53 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 95.37 FEET;
THENCE S 27 DEGREES 49 MINUTES 41 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 92.96 FEET;
THENCE S 22 DEGREES 12 MINUTES 16 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 55.43 FEET;
THENCE S 23 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 79.72 FEET;
THENCE S 22 DEGREES 05 MINUTES 41 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 62.65 FT.;
THENCE S 59 DEGREES 50 MINUTES 30 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 133.40 FEET;
THENCE S 07 DEGREES 44 MINUTES 06 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 37.62FEET;
THENCE S 14 DEGREES 29 MINUTES 43 SECONDS EAST ALONG SAID BLUFF A DISTANCE OF 67.82 FEET;
THENCE S 06 DEGREES 06 MINUTES 28 SECONDS EAST ALONG SAID BLUFF A DISTANCE OF 38.48 FEET;
THENCE S 28 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID BLUFF A DISTANCE OF 46.55 FEET;
THENCE S 29 DEGREES 57 MINUTES 25 SECONDS EAST ALONG SAID BLUFF A DISTANCE OF 46.01 FEET;
THENCE S 07 DEGREES 30 MINUTES 50 SECONDS EAST ALONG SAID BLUFF A DISTANCE
OF 41.12 FEET;
THENCE S 11 DEGREES 29 MINUTES 07 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 13.02 FEET;
THENCE S 16° 07 MINUTES 36 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 10.86 FEET;
THENCE SOUTH 37 DEGREES 12 MINUTES 10 SECONDS W ALONG SAID BLUFF A DISTANCE OF 32.36 FEET.
THENCE S 62 DEGREES 12 MINUTES 00 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 44.18 FEET;
THENCE NORTH 75 DEGREES 50 MINUTES 57 SECONDS W ALONG SAID BLUFF A DISTANCE OF 97.20 FEET;
THENCE NORTH 73 DEGREES 42 MINUTES 44 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 102.16 FEET;
THENCE NORTH 69 DEGREES 36 MINUTES 12 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 56.10 FEET;
THENCE NORTH 55 DEGREES 31 MINUTES 03 SECONDS WEST ALONG SAID BLUFF A DISTANCE OF 64.29 FEET TO THE WEST BOUNDARY OF SAID SE ¼ OF THE SE ¼;
THENCE SOUTH 00 DEGREES 41 MINUTES 05 SECONDS WEST ALONG SAID WEST BOUNDARY A DISTANCE OF 252.00 FEET TO THE SOUTH BOUNDARY OF SAID SE ¼ OF THE SE ¼;
THENCE SOUTH 88 DEGREES 51 MINUTES 55 SECONDS EAST ALONG THE SOUTH BOUNDARY OF SAID SE ¼ OF THE SE ¼ A DISTANCE OF 1324.81 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 36.2 ACRES MORE OR LESS.
Said legal description being controlling, however the property is more commonly known as 160 COUNTY ROAD 418, HALEYVILLE, ALABAMA 35565; PARCEL ID: 67-04-09-32-0-000-010.000 AND 67-04-08-33-0-000-013.000.
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_Mar 27,
Apr 3, 10
1492