Legal Notice
STATE OF
ALABAMA
COUNTY OF
WINSTON
NOTICE OF
MORTGAGE
FORECLOSURE SALE
Default existing and continuing in the payment of the indebtedness described in that certain Mortgage from RICK’S, INC. AND RICKY R. GARRISON A/K/A RICK R. GARRISON, to Traders and Farmers Bank, Haleyville, Alabama, dated JULY 14, 2008, RECORDED JULY 14, 2008, in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 524 at Page 155;
ALSO, that certain MODIFICATION OF Mortgage from RICK’S, INC. AND RICKY R. GARRISON A/K/A RICK R. GARRISON, to
Traders and Farmers Bank, Haleyville, Alabama, dated OCTOBER 1, 2013, RE- CORDED OCTOBER 8, 2013, in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 583 at Page 141;
ALSO, that certain Mortgage from RICK’S, INC. AND RICKY R. GARRISON A/K/A RICK R. GARRISON, to Traders and Farmers Bank, Haleyville, Alabama, dated JUNE 19, 2004, RE-CORDED JUNE 22, 2004, in the Office of the Judge of Probate, in WINSTON
COUNTY, ALABAMA in Mortgage Volume 458 at Page 973;
ALSO, that certain MODIFICATION OF Mortgage from RICK’S, INC. AND RICKY R. GARRISON A/K/A RICK R. GARRISON, to Traders and Farmers Bank, Haleyville, Alabama, dated OCTOBER 1, 2013, RE- CORDED OCTOBER 8, 2013, in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 583 at Page 138;
ALSO, that certain Mortgage from RICK’S, INCORPORATED, to Traders and Farmers Bank, Haleyville, Alabama, dated NOVEMBER 25, 2005, RE- CORDED NOVEMBER 29, 2005, in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 481 at Page 698;
ALSO, that certain MODIFICATION OF Mortgage from RICK’S, INC., to Traders and Farmers Bank, Haleyville, Alabama, dated OCTOBER 1, 2013, RE- CORDED OCTOBER 8, 2013, in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 583 at Page 134;
Notice is hereby given that Traders and Farmers Bank will, under the power of sale contained in said Mortgage, sell at public auction, for cash, to the highest bidder at the Main door of the WINSTON COUNTY COURTHOUSE, IN DOUBLE SPRINGS, ALABAMA, during the legal hours of sale, on the APRIL 14, 2020 the following described property situated in WINSTON COUNTY, ALABAMA, together with the hereditaments and appurtenances thereto belonging and all permanent buildings, structures, fixtures and other improvements now or hereafter existing, erected or installed thereon, to-wit:
TRACT A
COMMENCE AT A CONCRETE MONUMENT PURPORTED TO BE THE SW CORNER OF SECTION 27, TOWNSHIP 10 SOUTH, RANGE 8 WEST, WINSTON COUNTY, ALABAMA. THENCE NORTH 1 DEGREES, 13 MINUTES 00 SECONDS EAST 646.67 FEET TO AN IRON PIN SET THE POINT OF BEGINNING FOR THE PROPERTY HEREIN DESCRIBED, THENCE NORTH 1 DEGREES, 13 MINUTES, 00 SECONDS EAST 21.20 FEET TO AN IRON PIN SET ON THE SOUTH MARGIN OF HIGHWAY 278, THENCE ALONG SAID MARGIN NORTH 85 DEGREES, 54 MINUTES, 04 SECONDS EAST 766.49 FEET TO AN IRON PIN SET ON THE NORTH MARGIN OF THE OLD DOUBLE SPRINGS-ADDISON ROAD, THENCE ALONG SAID NORTH MARGIN SOUTH 69 DEGREES, 06 MINUTES, 02 SECONDS WEST 231.31 FEET TO AN IRON PIN SET, THENCE CONTINUE ALONG SAID NORTH MARGIN SOUTH 74 DEGREES, 44 MINUTES, 15 SECONDS WEST 112.08 FEET TO AN IRON PIN SET, THENCE CONTINUE ALONG SAID NORTH MARGIN NORTH 88 DEGREES, 45 MINUTES, 38 SECONDS WEST, 20.74 FEET TO AN IRON PIN SET, THENCE CONTINUE ALONG SAID NORTH MARGIN NORTH 88 DEGREES, 53 MINUTES, 45 SECONDS WEST 108.42 FEET TO AN IRON PIN SET, THENCE CONTINUE ALONG SAID NORTH MARGIN NORTH 83 DEGREES, 51 MINUTES, 55 SECONDS, WEST 313.42 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.96 ACRES MORE OR LESS.
TRACT B
BEGINNING AT AN IRON PIN SET AND PURPORTED TO BE THE NE CORNER OF THE SW ¼ OF THE SW ¼ OF SECTION 27, TOWNSHIP 10 SOUTH, RANGE 8 WEST, WINSTON COUNTY, ALABAMA. THENCE SOUTH 1 DEGREES, 19 MINUTES, 00 SECONDS WEST, 50.13 FEET TO AN IRON PIN SET, THENCE NORTH 89 DEGREES, 10 MINUTES, 30 SECONDS WEST 209.58 FEET TO AN IRON PIN SET, THENCE SOUTH 1 DEGREES, 19 MINUTES 00 SECONDS WEST, 420.00 FEET TO AN IRON PIN SET ON THE NORTH MARGIN OF HIGHWAY 278, THENCE ALONG SAID MARGIN AND AROUND A CURVE TO THE LEFT WITH A CHORD BEARING AND DISTANCE OF SOUTH 89 DEGREES, 23 MINUTES 03 SECONDS, WEST 346.41 FEET TO AN IRON PIN SET, THENCE CONTINUE ALONG SAID MARGIN SOUTH 85 DEGREES, 54 MINUTES, 04 SECONDS WEST 762.30 FEET TO AN IRON PIN SET, THENCE LEAVING SAID MARGIN NORTH 1 DEGREE, 13 MINUTES, 00 SECONDS EAST 544.26 FEET TO A RAILROAD SPIKE SET IN A PAVED COUNTY ROAD, THENCE LEAVING SAID ROAD SOUTH 89 DEGREES 10 MINUTES, 30 SECONDS EAST 1315.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 12.93 ACRES MORE OR LESS.
TRACT C
COMMENCE AT A IRON PIN SET AND PURPORTED TO BE THE NE CORNER OF THE SW ¼ OF THE SW ¼ OF SECTION 27, TOWNSHIP 10 SOUTH, RANGE 8 WEST, WINSTON COUNTY, ALABAMA. THENCE SOUTH 1 DEGREE, 19 MINUTES, 00 SECONDS WEST 50.13 FEET TO AN IRON PIN SET THE POINT OF BEGINNING FOR THE PROPERTY HEREIN DESCRIBED, THENCE SOUTH 1 DEGREE, 19 MINUTES 00 SECONDS WEST 435.21 FEET TO AN IRON PIN SET ON THE NORTH MARGIN OF HIGHWAY 278, THENCE ALONG SAID MARGIN AND AROUND A CURVE TO THE LEFT WITH A CHORD BEARING AND DISTANCE OF NORTH 85 DEGREES, 01 MINUTES, 21 SECONDS WEST 210.00 FEET TO AN IRON PIN SET, THENCE LEAVING SAID MARGIN NORTH 1 DEGREES, 19 MINUTES, 00 SECONDS EAST 420.00 FEET TO AN IRON PIN SET, THENCE SOUTH 89 DEGREES, 10 MINUTES, 30 SECONDS EAST 209.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.06 ACRES MORE OR LESS.
ALSO:
A PARCEL OF LAND IN THE SW ¼ OF NW ¼ OF SECTION 9, TOWNSHIP 10, RANGE 8 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN 759 FEET EAST OF THE SW CORNER OF THE SW ¼ OF NW ¼ THENCE NORTH TO ROCK CREEK PAVED ROAD; THENCE EAST 439 FEET WITH SAID ROAD; THENCE SOUTH TO SOUTH LINE OF SW ¼ OF NW ¼ TO A POINT 439 FEET EAST OF POINT OF BEGINNING; THENCE WEST 439 FEET TO POINT OF BEGINNING, SECTION 9, TOWNSHIP 10 RANGE 8 WEST. CONTAINING 10 ACRES MORE OR LESS.
ALSO:
TRACT 13; COMMENCING AT THE SW CORNER OF THE SE ¼ OF SW ¼ OF SECTION 12, TOWNSHIP 11 S, RANGE 8 W, THENCE N 0 DEGREES 46 MINUTES 44 SECONDS W, A DISTANCE OF 807.17 FEET TO A POINT; THENCE N 89 DEGREES 13 MINUTES 16 SECONDS E, A DISTANCE OF 50 FEET TO A POINT ON THE EAST RIGHT OF WAY OF A PUBLIC ROAD; THENCE N 0 DEGREES 46 MINUTES 44 SECONDS W, A DISTANCE OF 166.96 FEET TO A POINT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE N 0 DEGREES 46 MINUTES 44 SECONDS W, A DISTANCE OF 87.71 FEET TO A POINT; THENCE N 80 DEGREES 00 MINUTES 48 SECONDS E, A DISTANCE OF 448.13 FEET TO A POINT ON THE 522.0 FEET ELEVATION OF SMITH LAKE; THENCE S 22 DEGREES 44 MINUTES 52 SECONDS E, A DISTANCE OF 112.36 FEET TO A POINT ON THE 522.0 FEET ELEVATION OF SMITH LAKE; THENCE S 39 DEGREES 52 MINUTES 33 SECONDS W, A DISTANCE OF 51.63 FEET TO A POINT ON THE 522.0 FEET ELEVATION OF SMITH LAKE; THENCE S 63 DEGREES 20 MINUTES 48 SECONDS W, A DISTANCE OF 64.05 FEET TO A POINT ON THE 522.0 FEET ELEVATION OF SMITH LAKE; THENCE S 62 DEGREES 27 MINUTES 28 SECONDS W, A DISTANCE OF 87.31 FEET TO A POINT ON THE 522.0 FEET ELEVATION OF SMITH LAKE; THENCE N 81 DEGREES 36 MINUTES, 42 SECONDS W, A DISTANCE OF 319.32 FEET TO THE TRUE POINT OF BEGINNING SAID LAND LYING AND BEING IN THE SE ¼ OF SW ¼ OF SECTION 12, TOWNSHIP 11 S, RANGE 8 W, WINSTON COUNTY, ALABAMA, AND CONTAINING 1.57 ACRES MORE OR LESS.
ALSO:
TWO ACRES IN THE SW ¼ OF SW ¼ OF SECTION 27, TOWNSHIP 10, RANGE 8 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE NORTH RIGHT OF WAY LINE OF HIGHWAY 278 AT A POINT WHERE SAID RIGHT OF WAY LINE INTERSECTS WITH THE EAST LINE OF SAID FORTY; THENCE WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 210 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID FORTY, A DISTANCE OF 420 FEET; THENCE EAST A DISTANCE OF 210 FEET TO THE EAST LINE OF SAID FORTY; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
ALSO:
ALL NORTH OF THE OLD DOUBLE SPRINGS AND ADDISON GRAVELED HIGHWAY IN THE SW ¼ OF SW ¼, SECTION 27, TOWNSHIP 10, RANGE 8 WEST, LESS AND EXCEPT: TWO ACRES IN THE SW ¼ OF SW ¼, SECTION 27 TOWNSHIP 10, RANGE 8 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ON THE NORTH RIGHT OF WAY LINE OF HIGHWAY 278 AT A POINT WHERE SAID RIGHT OF LINE INTERSECTS WITH THE EAST LINE OF SAID FORTY; THENCE WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 210 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID FORTY, A DISTANCE OF 420 FEET; THENCE EAST A DISTANCE OF 210 FEET TO THE EAST LINE OF SAID FORTY; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
ALSO:
A PARCEL OF LAND SITUATED IN THE NE ¼ OF THE SE ¼ OF SECTION 29, TOWNSHIP 10 SOUTH, RANGE 8 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF SAID SECTION 29, THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 90.00 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NORTH 35 DEGREES 32 MINUTES 16 SECONDS WEST, FOR A DISTANCE OF 602.16 FEET; THENCE RUN NORTH 10 DEGREES 26 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 925.85 FEET; THENCE RUN NORTH 35 DEGREES 41 MINUTES 04 SECONDS EAST, FOR A DISTANCE OF 312.17 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. HIGHWAY #278; THENCE RUN NORTH 55 DEGREES 45 MINUTES 01 SECOND WEST, ALONG SAID RIGHT OF WAY FOR A DISTANCE OF 352.59 FEET TO THE POINT OF BEGINNING THENCE RUN SOUTH 34 DEGREES 14 MINUTES 59 SECONDS WEST, FOR A DISTANCE OF 210.00 FEET; THENCE RUN NORTH 55 DEGREES 45 MINUTES 01 SECOND WEST, FOR A DISTANCE OF 363.07 FEET TO THE EASTERLY RIGHT OF WAY LINE OF A 40 FOOT UNIMPROVED RIGHT OF WAY; THENCE RUN NORTH 59 DEGREES 21 MINUTES 27 SECONDS EAST, ALONG SAID RIGHT OF WAY, FOR A DISTANCE OF 231.47 FEET, TO THE INTERSECTION OF SAID UNIMPROVED RIGHT OF WAY WITH SOUTHWESTERLY RIGHT OF WAY U.S. HIGHWAY #278; THENCE RUN SOUTH 55 DEGREES 45 MINUTES 01 SECONDS EAST, ALONG SAID RIGHT OF WAY FOR A DISTANCE OF 265.77 FEET TO THE POINT OF BEGINNING. CONTAINING 1.5 ACRES MORE OR LESS. LESS AND EXCEPT ANY PART THAT LIES WITHIN THE RIGHT OF WAY OF A PUBLIC ROAD.
ALSO: TOGETHER WITH A 50 FOOT NON-EXCLUSIVE EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SE CORNER OF SAID SECTION 29, THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 90.00 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NORTH 35 DEGREES 32 MINUTES 16 SECONDS WEST, FOR A DISTANCE OF 602.16 FEET; THENCE RUN NORTH 32 DEGREES 34 MINUTES 39 SECONDS WEST, A DISTANCE OF 918.31 FEET, THENCE RUN NORTH 89 DEGREES 47 MINUTES 26 SECONDS EAST FOR A DISTANCE OF 216.16 FEET, THENCE RUN 22 DEGREES 30 MINUTES 11 SECONDS WEST, FOR A DISTANCE OF 573.08 FEET; THENCE RUN NORTH 57 DEGREES 05 MINUTES 31 SECONDS EAST, FOR A DISTANCE OF 164.18 TO THE POINT OF BEGINNING OF A 50 FOOT WIDE NON-EXCLUSIVE EASEMENT LYING 50 FOOT SOUTH OF THE FOLLOWING DESCRIBED LINE; THENCE RUN SOUTH 55 DEGREES 45 MINUTES 01 SECONDS EAST, FOR A DISTANCE OF 363.07; THENCE RUN SOUTH 25 DEGREES 04 MINUTES 35 SECONDS EAST FOR A DISTANCE OF 207.10; THENCE RUN SOUTH 56 DEGREES 58 MINUTES 53 SECONDS EAST, FOR A DISTANCE OF 166.68; THENCE RUN SOUTH 81 DEGREES 54 MINUTES 33 SECONDS EAST, FOR A DISTANCE OF 231.53; THENCE RUN SOUTH 55 DEGREES 45 MINUTES 01 SECONDS EAST, FOR A DISTANCE OF 420.00 FEET TO THE END OF SAID EASEMENT.
ALSO:
A PARCEL OF LAND SITUATED IN THE SE ¼ OF SE ¼ AND IN THE NE ¼ OF THE SE ¼ OF SECTION 29, TOWNSHIP 10 SOUTH, RANGE 8 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SE CORNER OF SAID SECTION 29, THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, FOR A DISTANCE OF 90.00 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NORTH 35 DEGREES 32 MINUTES 16 SECONDS WEST FOR A DISTANCE OF 602.16 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 10 DEGREES 26 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 925.85 FEET; THENCE RUN NORTH 56 DEGREES 58 MINUTES 53 SECONDS WEST FOR A DISTANCE OF 166.68 FEET; THENCE RUN NORTH 25 DEGREES 04 MINUTES 35 SECONDS WEST FOR DISTANCE OF 207.10 FEET; THENCE RUN NORTH 55 DEGREES 45 MINUTES 01 SECONDS WEST FOR A DISTANCE OF 363.07 FEET TO THE SOUTHEASTERLY RIGHT OF WAY OF ADDISON ROAD; THENCE RUN SOUTH 57 DEGREES 05 MINUTES 31 SECONDS WEST FOR A DISTANCE OF 164.18 FEET; THENCE LEAVING SAID RIGHT OF WAY RUN SOUTH 22 DEGREES 30 MINUTES 11 SECONDS EAST FOR DISTANCE OF 573.08 FEET; THENCE RUN SOUTH 89 DEGREES 47 MINUTES 26 SECONDS WEST FOR A DISTANCE OF 216.16 FEET; THENCE RUN SOUTH 32 DEGREES 34 MINUTES 39 SECONDS EAST, FOR A DISTANCE OF 918.30 FEET TO THE POINT OF BEGINNING; CONTAINING 10.90 ACRES MORE OR LESS. LESS AND EXCEPT ANY PART THAT LIES WITHIN THE RIGHT OF WAY OF A PUBLIC ROAD.
ALSO: TOGETHER WITH A 50 FOOT NON-EXCLUSIVE EASEMENT DESCRIBED AS FOLLOWS:
COMMENCE AT THE SE CORNER OF SAID SECTION 29, THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, FOR A DISTANCE OF 90.00 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NORTH 35 DEGREES 32 MINUTES 16 SECONDS WEST, FOR A DISTANCE OF 602.16 FEET; THENCE RUN NORTH 32 DEGREES 34 MINUTES 39 SECONDS WEST, FOR A DISTANCE OF 318.31 FEET; THENCE RUN NORTH 89 DEGREES 47 MINUTES 26 SECONDS EAST, FOR A DISTANCE OF 216.16 FEET; THENCE RUN NORTH 22 DEGREES 30 MINUTES 11 SECONDS WEST, FOR A DISTANCE OF 573.08 FEET; THENCE RUN NORTH 57 DECREES 05 MINUTES 31 SECONDS EAST FOR A DISTANCE OF 164.18 FEET, TO THE POINT OF BEGINNING OF A 50 FOOT WIDE NON-EXCLUSIVE EASEMENT LYING 50 FOOT SOUTH OF THE FOLLOWING DESCRIBED LINE; THENCE RUN SOUTH 55 DEGREES 45 MINUTES 01 SECONDS EAST, FOR A DISTANCE OF 363.07 FEET; THENCE RUN SOUTH 25 DEGREES 04 MINUTES 35 SECONDS EAST, FOR A DISTANCE OF 207.10 FEET; THENCE RUN SOUTH 56 DEGREES 58 MINUTES 53 SECONDS FOR A DISTANCE OF 166.68 FEET, THENCE RUN SOUTH 81 DEGREES 51 MINUTES 33 SECONDS EAST, FOR A DISTANCE OF 231.53 FEET, THENCE RUN SOUTH 55 DEGREES 45 MINUTES 01 SECONDS EAST, FOR A DISTANCE OF 420.00 FEET, TO THE END OF SAID EASEMENT.
LESS AND EXCEPT:
A PARCEL OF LAND IN THE SW ¼ OF THE SW ¼ OF SECTION 27, TOWNSHIP 10 SOUTH, RANGE 8 WEST, WINSTON COUNTY, ALABAMA DESCRIBED AS FOLLOWS:
BEGIN AT A POINT BEING THE INTERSECTION OF THE EAST RIGHT OF WAY OF COUNTY ROAD 3064 AND THE NORTH RIGHT OF WAY OF US HIGHWAY 278; THENCE EASTERLY ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 430 FEET TO A POINT; THENCE LEAVING SAID NORTH RIGHT OF WAY NORTHERLY PARALLEL TO SAID EAST RIGHT OF WAY OF COUNTY ROAD 3064 A DISTANCE OF 210 FEET TO A POINT; THENCE WESTERLY PARALLEL TO SAID NORTH RIGHT OF WAY OF US HIGHWAY 278 A DISTANCE OF 430 FEET TO A POINT ON SAID EAST RIGHT OF WAY OF COUNTY ROAD 3064; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 210 FEET TO THE POINT OF BEGINNING. CONTAINING 2.00 ACRES MORE OR LESS.
THIS PROPERTY BEING THE SAME LISTED IN THE PARTIAL RELEASE DATED MARCH 21, 2005 AND RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF WINSTON COUNTY, ALABAMA IN MORTGAGE BOOK 470 AT PAGE 98 ON THE 21st DAY OF MARCH, 2005.
Said sale is for the purpose of paying said indebtedness, the charges provided for in said Mortgage, and the costs of sale, including a reasonable attorney's fee.
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.
The real property sold at this public auction will be subject to the statutory rights of redemption.
TRADERS AND FARMERS BANK
Haleyville, Alabama
Mortgagee
Jonathan B. Lowe
LOWE, MOBLEY, LOWE & LeDUKE Attorneys for
Mortgagee
P.O. Box 576
Haleyville, Alabama 35565
(205) 486-5296
RG-March 18, 25,
April 1
2889