LEGAL NOTICE
NOTICE OF MORTGAGE FORECLOSURE SALE
WINSTON COUNTY, ALABAMA
Default having been made in regards to that certain Real Estate Mortgage and Security Agreement, executed by TERRY J. BAGWELL and DONNA H. BAGWELL, as Mortgagors, on the 25th day of July, 2006, to Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with First National Bank of Jasper (“Synovus”), and its successors and assigns, as recorded in Mortgage Book 493, Page 24 in the Office of the Judge of Probate of Winston County, Alabama (“Mortgage”); Synovus, as Mortgagee, by reason of such default, having declared all of the indebtedness evidenced by the promissory note dated August 10, 2015 and secured by said Mortgage due and payable, and such default continuing, notice is hereby given, that acting under the power of sale contained in said Real Estate Mortgage and Security Agreement, Synovus, as Mortgagee, will sell at public outcry, for cash to the highest bidder, in front of the Courthouse door, in the City of Double Springs, Winston County, Alabama Courthouse located at 11 Blake Dr., Double Springs, Alabama 35553 on June 13, 2018 during the legal hours of sale, the following described real property situated in Winston County, Alabama, to-wit:
Lot 10 of Arley Landing Subdivision, as recorded in Plat Book 3, Pages 133 and 134 in the Office of the Judge of Probate, Winston County, Alabama.
Subject to the Restrictive Covenants, easements and public roads, of Arley Landing Subdivision as recorded in Deed Book 265, Page 427, in the Office of the Judge of Probate, Winston County, Alabama.
Subject to easement to Alabama Power Company for water storage rights up to the 510’ water level of Smith Lake, and for overflow rights up to the 522’ water level as recorded in the Probate Office of Winston County, Alabama, including the exclusive jurisdiction to regulate the permitting of any dock located or sought to be located on the subject property.
ALSO AND SUBJECT TO: a 30’ easement for ingress/egress for Lots 9, 10, 11 and 12 of Arley Landing Subdivision located in SE1/4-SW1/4 of Section 32, Township 11, South, Range 6 West, Winston County, Alabama. Said easement being more particularly described as follows:
Begin at the northeast corner of Lot 11, said point being a 5/8” capped rebar; then S 47º28’11” W a distance of 19.14’; thence S 57º09’29” W a distance of 39.85’; thence S 81º52’06” W a distance of 36.02’; thence S 88º19’14” W a distance of 87.45’; thence S 84º23’58” W a distance of 58.26’; thence S 78º58’40” W a distance of 58.61’; thence S 39º02’28” W a distance of 23.45’; thence S 09º31’06” E a distance of 11.76’; thence S 80º28’54” W a distance of 30.00’; thence N 09º31’06” W a distance of 122.99’ to the south boundary line of Lot 9; thence N 89º34’33” E, along said south boundary line, a distance of 30.38’; thence S 09º31’06” E a distance of 36.93’; thence S 42º37’05” E a distance of 28.66’; thence N 78º58’40” E a distance of 61.17’; thence N 84º23’58” E a distance of 60.71’; thence N 88º19’14” E a distance of 86.79’; thence N 81º52’06” E a distance of 27.75’; thence N 57º09’29” E a distance of 30.11’; thence N 45º06’05” E a distance of 12.01’; thence N 35º09’29” E a distance of 19.81’ to the west Right-of-Way of Arley Landing Drive; thence with a curve turning to the left with an arc length of 37.59’, with a radius of 1196.87’, with a chord bearing of S 20º26’05” E, with a chord length of 37.59’ to the Point of Beginning. Said Easement contains 0.31 acres ±.
Said property will be sold on an “as is, where is” basis, subject to all liens, encumbrances, unpaid real estate ad valorem taxes and governmental assessments and to all prior restrictions, rights-of-way, and easements appearing of record prior to the date of the Mortgage and those appearing after the date of the Mortgage and consented to by Synovus. This property will be sold without warranty or recourse, expressed or implied, as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.
The Mortgagee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate. 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.
This sale is made for the purpose of paying the indebtedness secured by said Mortgage, as well as the expenses of foreclosure.
Attorney for
Mortgagee
Taylor G. Martin
Page, Scrantom, Sprouse, Tucker & Ford., P.C.
1111 Bay Ave., Third Floor
P.O. Box 1199
Columbus, GA 31902
(706) 324-0251
TB - May 23, 30, June 6
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