WHEREAS, default has occurred in the performance of the covenants terms and conditions of that mortgage from Ricky D. Mills and Anita Mills, as Husband and Wife; to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 24, 2001 and recorded in the Office of the Judge of Probate of Winston County, Alabama on February 1, 2001, in Mortgage Volume 406 at Page 346; 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 Winston County, Alabama during the legal hours of sale (between 11 a.m. and 4 p.m.) on the 3rd day of September, 2020 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:
A TRACT OF LAND CONTAINING 1.00 SQUARE ACRE, IN THE SW CORNER OF THE SW ¼ OF SW ¼ OF SECTION 30, TOWNSHIP 9 SOUTH, RANGE 10 WEST, WINSTON COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: “BEGINNING AT THE SW CORNER OF SECTION 30, TOWNSHIP 9 SOUTH, RANGE 10 WEST, THENCE RUN N-03 DEGREES 28’-W ALONG THE WEST BOUNDARY OF SAID SW ¼ - SW ¼, A DISTANCE OF 208.81 FEET TO A CAPPED REBAR; THENCE RUN N-89 DEGREES 05’-E AND PARALLEL WITH THE SOUTH BOUNDARY OF SAID SW ¼ - SW ¼, A DISTANCE OF 208.81 FEET TO A NAIL AND CAP SITUATED IN A PAVED CITY STREET; THENCE RUN S -03 DEGREES 28’ – E AND PARALLEL WITH THE WEST BOUNDARY OF SAID SW ¼ - SW ¼, A DISTANCE OF 208.81 FEET TO A CAPPED REBAR SITUATED ON SOUTH BOUNDARY OF SAID SW ¼ - SW ¼; THENCE RUN S – 89 DEGREES 05’-W ALONG THE SOUTH BOUNDARY OF SAID SW ¼ - SW ¼, A DISTANCE OF 208.81 FEET TO THE POINT OF BEGINNING.” SUBJECT TO, A PART OF A 40.0 FOOT WIDE INDICATED RIGHT-OF-WAY FOR THE PAVED CITY STREET WHICH RUNS ALONG THE EAST BOUNDARY OF THE HEREINABOVE DESCRIBED TRACT OF LAND.
Said legal description being controlling, however the property is more commonly known as 2634 Sandy Lane, Haleyville, Alabama 35565; Parcel ID 67-05-09-30-3-200-023.000.
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
RM_July 29, Aug 5, 12