Legal Notice
NOTICE OF
MORTGAGE
FORECLOSURE SALE
STATE OF Alabama
COUNTY OF
WINSTON
Default having been made of the terms of the loan documents secured by that certain mortgage executed by Daniel R Aguirreandrea N Schwenk to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Platinum Mortgage, Inc., its successors and assigns dated December 11, 2018; said mortgage being recorded in the Office of the Judge of Probate of Winston County, Alabama. Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC d/b/a Mr. Cooper to be recorded in the Office of the Judge of Probate of Winston County, Alabama.
The undersigned, Nationstar Mortgage LLC d/b/a Mr. Cooper, under and by virtue of the power of sale contained in said mortgage, 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 11am and 4pm), on the 16th day of February, 2022 the following property, situated in Winston County, Alabama, to-wit:
Commence on the East line of the West Half of the Southwest Quarter at the point where the North right of way line of Liberty Church Road crosses said line; thence run along said right of way line South 56 degrees 59 minutes 35 seconds West 210.00 feet to a 1/2 inch iron found, the point of beginning; thence continue along said right of way South 56 degrees 59 minutes 35 seconds West 210.0 feet to a 1/2 inch iron pin set; thence leaving said right of way run North 20 degrees 08 minutes 25 seconds West 224.0 feet to a 1/2 inch pin set; thence run North 65 degrees 54 minutes 09 seconds East 279.42 feet to a 1/2 inch iron pin found; thence run South 00 degrees 30 minutes West 210.0 feet to the point of beginning. Said herein described tract contains 1.0 acres, more or less, and lye's in the West 1/2 of the Southwest Quarter of Section 34, Township 10 South, Range 6 West, Winston County, Alabama.
LESS AND EXCEPT: Commencing at a 1/2 inch re-bar at the Northeast Corner of the Southwest 1/4 of the Southwest 1/4 of Section 34, T-10-S, R-6-W of the Huntsville Meridian; thence South 00 degrees 01 minutes 56 seconds West, a distance of 47.32 feet to a 3/4 Inch metal pipe on the North margin of Liberty Church Road; thence South 53 degrees 34 minutes 13 seconds West, a distance of 163.23 feet to a 1/2 Inch re-bar on the North margin of Liberty Church Road; thence South 46 degrees 29 minutes 09 seconds West, a distance of 46.29 feet to a 1 Inch iron on the North margin of Liberty Church Road; thence South 46 degrees 48 minutes 40 seconds West, a distance of 74.89 feet to a 1/2 Inch re-bar with red cap on the North margin of Liberty Church Road at the POINT OF BEGINNING; thence continue Southwesterly along said line, a distance of 135.11 feet to a 1/2 Inch re-bar with yellow cap on the North margin of Liberty Church Road; thence North 19 degrees 51 minutes 57 seconds West, a distance of 250.60 feet to a 1/2 Inch re-bar, Cap # CA-0078; thence North 64 degrees 21 minutes 56 seconds East, a distance of 77.72 feet to a 1/2 inch re-bar, Cap # CA-0078; thence South 32 degrees 43 minutes 06 seconds East, a distance of 210.18 feet to the POINT OF BEGINNING. Property being In Winston County, Alabama and containing 0.54 acres, more or less. Property subject to all existing rights of way and/or easements that are recorded or unrecorded.
Said property is commonly known as 4380 County Road 40, Arley, AL 35541.
Should a conflict arise between the property address and the legal description the legal description will control.
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, 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. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.
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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 21-02446AL
www.foreclosure
hotline.net
DA_Dec 29,
Jan 5, 12
940