STATE OF ALABAMA
COUNTY OF WINSTON AND COUNTY OF MARION
NOTICE OF MORTGAGE FORECLOSURE SALE
Default existing and continuing in the payment of the indebtedness described in that certain Mortgage from MICHAEL D. WHITMAN AND DEBORAH WHITMAN AKA DEBBIE WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated MAY 19, 2016 and recorded on MAY 23, 2016 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 607 at Page 733;
ALSO, that certain Mortgage from MICHAEL WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated MARCH 12, 2016 and recorded on MARCH 15, 2016 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 605 at Page 860;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated JUNE 18, 2013 and recorded on JULY 2, 2013 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 579 at Page 888;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated SEPTEMBER 16, 2011 and recorded on SEPTEMBER 20, 2011 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 560 at Page 392;
ALSO, that certain Mortgage from MICHAEL WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated June 28, 2011 and recorded on July 1, 2011 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 558 at Page 159;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN; DEBORAH WHITMAN FKA DEBORAH L. HENDERSON; TIMOTHY M. HENDERSON; AS HUSBAND AND WIFE; AN UNMARRIED PERSON, to Traders and Farmers Bank, Haleyville, Alabama, dated FEBRUARY 3, 2010 and recorded on FEBRUARY 5, 2010 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 543 at Page 503;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated JULY 20, 2006 and recorded on AUGUST 9, 2006 in the Office of the Judge of Probate, in WINSTON COUNTY, ALABAMA in Mortgage Volume 493 at Page 431;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated March 3, 2012 and recorded on March 6, 2012 in the Office of the Judge of Probate, in MARION COUNTY, ALABAMA in Mortgage Volume 2012 at Page 932;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN AND DEBORAH WHITMAN, AS HUSBAND AND WIFE, to Traders and Farmers Bank, Haleyville, Alabama, dated April 25, 2011 and recorded on May 2, 2011 in the Office of the Judge of Probate, in MARION COUNTY, ALABAMA in Mortgage Volume 2011 at Page 1445;
ALSO, that certain Mortgage from MICHAEL D. WHITMAN; DEBORAH WHITMAN FKA DEBORAH L. HENDERSON; TIMOTHY M. HENDERSON; AS HUSBAND AND WIFE; AN UNMARRIED PERSON, to Traders and Farmers Bank, Haleyville, Alabama, dated FEBRUARY 3, 2010 and recorded on FEBRUARY 22, 2010 in the Office of the Judge of Probate, in MARION COUNTY, ALABAMA in Mortgage Volume 2010 at Page 524;
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 MONDAY, DECEMBER 10, 2018 the following described property situated in MARION AND 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:
TWO AND ONE-HALF LOTS, LOTS 17 AND 19, AND NORTH HALF OF LOT 21, IN BLOCK 11 IN THE MILLER ADDITION TO THE TOWN OF HALEYVILLE, ALABAMA, AS PLATTED BY W.M. BECK AND BEING PART OF THE NW ¼ OF SECTION 6, TOWNSHIP 10, RANGE 10 WEST.
ALSO:
COMMENCING AT AN IRON PIN FOUND AND PURPORTED TO BE THE SW CORNER OF THE SW ¼ OF THE SE ¼ OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 10 WEST, WINSTON COUNTY, ALABAMA; THENCE SOUTH 88 DEGREES, 59 MINUTES, 09 SECONDS EAST A DISTANCE OF 1305 FEET TO A POINT; THENCE NORTH 02 DEGREES, 39 MINUTES, 01 SECONDS, EAST A DISTANCE OF 92.63 FEET TO A POINT ON THE EAST MARGIN OF SAM LETSON ROAD THE POINT OF BEGINNING FOR THE PROPERTY HEREIN DESCRIBED; THENCE ALONG SAID MARGIN NORTH 38 DEGREES 23 MINUTES 24 SECONDS WEST, A DISTANCE OF 136.59 FEET TO AN IRON PIN FOUND; THENCE LEAVING SAID MARGIN SOUTH 88 DEGREES 48 MINUTES 00 SECONDS EAST A DISTANCE OF 89.71 FEET TO AN IRON PIN FOUND; THENCE NORTH 24 DEGREES 24 MINUTES 46 SECONDS EAST, A DISTANCE OF 145.00 FEET TO A RAILROAD SPIKE SET ON THE WEST RIGHT OF WAY OF NORFOLK SOUTHERN RAILROAD; THENCE ALONG THE WEST RIGHT OF WAY OF NORFOLK SOUTHERN RAILROAD SOUTH 26 DEGREES 12 MINUTES 06 SECONDS EAST, A DISTANCE OF 202.51 FEET TO AN IRON PIN FOUND; THENCE LEAVING THE WEST RIGHT OF WAY OF NORFOLK SOUTHERN RAILROAD AND ALONG A HEDGE ROW SOUTH 62 DEGREES 45 MINUTES 53 SECONDS WEST, A DISTANCE OF 145.43 FEET TO AN IRON PIN SET ON THE EAST MARGIN OF SAM LETSON ROAD; THENCE ALONG THE EAST MARGIN OF SAM LETSON ROAD NORTH 38 DEGREES 23 MINUTES 24 SECONDS WEST, A DISTANCE OF 82.77 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.80 ACRES, MORE OR LESS.
ALSO:
COMMENCE AT AN IRON PIN FOUND AND PURPORTED TO BE THE NORTHWEST CORNER OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 10 WEST, WINSTON COUNTY, ALABAMA; THENCE S-0° 34’ 54”-E 165.75 FEET TO AN IRON PIN FOUND; THENCE S-0° 34’ 54”-E 492.12 FEET TO AN IRON PIN FOUND; THENCE S-89° 03’ 37”-E 1024.15 FEET TO A POINT; THENCE N-0° 56’ 23”-E 30.00 FEET TO AN IRON PIN SET, THE POINT OF BEGINNING FOR THE PROPERTY HEREIN DESCRIBED; THENCE N-24° 26’ 42”-E 483.57 FEET TO AN IRON PIN FOUND; THENCE S-63° 35’ 08”-E 119.73 FEET TO AN IRON PIN FOUND; THENCE S-35° 00’ 57”-E 40.73 FEET TO AN IRON PIN FOUND; THENCE N-53° 33’ 38”-E 150.40 FEET TO AN IRON PIN FOUND ON THE WEST MARGIN OF OLD DELMAR ROAD; THENCE ALONG SAID MARGIN S-36° 31’ 57”-E 276.25 FEET TO AN IRON PIN SET; THENCE LEAVING SAID MARGIN S-56° 47’ 27”-W 411.57 FEET TO AN IRON PIN SET; THENCE N-89° 03’ 37”-W 271.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.75 ACRES, MORE OR LESS.
ALSO:
ALL OF LOT 112 AND THE EAST 27 FEET OF LOT 111 AND THE WEST 15 FEET OF LOT 113 IN BLOCK H OF THE F.M. BLANTON ADDITION TO THE CITY OF HALEYVILLE, ALABAMA, AS RECORDED IN OFFICE OF PROBATE OF WINSTON, COUNTY, ALABAMA, AND BEING DESCRIBED AS BEGINNING AT THE NORTH EAST CORNER OF SAID LOT 112 AND THE NORTHWEST CORNER OF SAID LOT 113; THENCE SOUTH 89 DEGREES, 30 MINUTES, 00 SECONDS EAST 15.00 FEET TO AN IRON PIN SET, THENCE SOUTH 0 DEGREES, 30 MINUTES, 00 SECONDS WEST 150.00 FEET TO AN IRON PIN SET ON THE NORTH MARGIN OF 22ND STREET, THENCE ALONG SAID MARGIN NORTH 89 DEGREES, 30 MINUTES, 00 SECONDS WEST 92.00 FEET TO AN IRON PIN FOUND, THENCE LEAVING SAID MARGIN NORTH 0 DEGREES, 30 MINUTES, 00 SECONDS EAST 150.00 FEET TO AN IRON PIN FOUND, THENCE SOUTH 89 DEGREES, 30 MINUTES, 00 SECONDS EAST 77.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.32 ACRES MORE OR LESS.
SUBJECT TO ANY EXISTING EASEMENTS OR RIGHT OF WAYS WHETHER BY RECORDED OR WHETHER BY PRESCRIPTION.
ALSO:
TWENTY (20) ACRES OF THE WEST SIDE OF THE SW ¼ OF THE NW ¼ OF SECTION 36, TOWNSHIP 9, RANGE 10. THIS BEING THE SOUTH FORTY OF AN EIGHTY (80) ACRE TRACT OF LAND THAT WAS CONVEYED BY L.K. OWSLEY AND LEANNER OWSLEY TO JOHNNIE WHITMAN THEN FROM JOHNNIE WHITMAN AND WIFE, C. B. WHITMAN TO J.A. WHITMAN ON THE 22ND DAY OF DECEMBER, 1953, THE LAST CONVEYING BEING RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF WINSTON COUNTY, ALABAMA, IN BOOK 97, PAGE 462. LESS AND EXCEPT TWO (2) ACRES OFF THE SOUTHWEST CORNER OF THE WEST SIDE OF THE SW ¼ OF THE NW ¼ OF SECTION 36, TOWNSHIP 9, RANGE 10, CONTAINING EIGHTEEN (18) ACRES, MORE OR LESS. LESS AND EXCEPT ONE (1) ACRE TRACT BEING 210’ SQUARE FEET IN THE NE CORNER OF TRACT, TWENTY (20) ACRE OF THE WEST SIDE OF THE SW ¼ OF NW ¼ OF SECTION 36, TOWNSHIP 9, RANGE 10.
ALSO:
MARION COUNTY PROPERTY:
BEGIN AT SE CORNER OF SE ¼ OF SW ¼; THENCE WEST 132 FEET; THENCE NORTH 525 FEET; THEN EAST 132 FEET TO EAST LINE OF SE ¼ OF SW ¼; THENCE SOUTH 525 FEET TO SE CORNER AND POINT OF BEGINNING IN SECTION 34 AND TOWNSHIP 9 AND RANGE 11 WEST, WITH A RIGHT FOR A RIGHT OF WAY. ALSO BEGIN AT SW CORNER OF SW ¼ OF SE ¼; THENCE EAST 270 FEET; THENCE NORTH 210 FEET; THENCE EAST 370 FEET; THENCE NORTH 315 FEET; THENCE WEST 640 FEET TO WEST LINE OF SW ¼ OF SE ¼; THENCE SOUTH 525 FEET TO SW CORNER OF SW ¼ OF SE ¼ AND POINT OF BEGINNING. ALSO A RIGHT FOR A RIGHT OF WAY. CONTAINING 7 ½ ACRES MORE OR LESS, IN SECTION 34, TOWNSHIP 9, RANGE 11 WEST.
LESS AND EXCEPT:
COMMENCE AT THE SW CORNER OF THE SW ¼ OF THE SE ¼ OF SECTION 34, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA, A 2” IRON PIPE FOUND; THENCE RUN S 89 DEGREES 00’ 15” E, 119.11 FEET TO THE POINT OF BEGINNING; THENCE RUN N 01 DEGREES 16’ 07” W, 479.68 FEET; THENCE RUN NORTH 42 DEGREES, 39’ 12” E, 54.76 FEET; THENCE RUN SOUTH 89 DEGREES 00’ 15” EAST, 63.81 FEET; THENCE RUN SOUTH 53 DEGREES, 22’ 02” EAST, 540.64 FEET; THENCE RUN NORTH 88 DEGREES 15’ 49” WEST, 370.00 FEET; THENCE RUN SOUTH 01 DEGREES 10’ 44” WEST, 210.00 FEET; THENCE RUN NORTH 89 DEGREES 00’ 15” WEST, 150.00 FEET; TO THE POINT OF BEGINNING; SAID HEREIN DESCRIBED TRACT CONTAINS 3.0 ACRES, MORE OR LESS AND LIES IN THE SW ¼ OF THE SE ¼ OF SECTION 34, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA.
ALSO:
A TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE E½ - E½ OF THE NW¼ - SW¼ OF SECTION 16, TOWNSHIP 10 SOUTH, RANGE 11 WEST, IN MARION COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF NW¼ - SW¼ AND RUN THENCE SOUTH 01° 49 MINUTES EAST ALONG THE EAST BOUNDARY LINE OF SAID FORTY 625 FEET TO THE POINT OF BEGINNING OF TRACT TO BE DESCRIBED HEREIN; THENCE CONTINUE SOUTH 01° 49 MINUTES EAST ALONG SAID EAST BOUNDARY LINE OF SAID FORTY 136 FEET; RUN THENCE NORTH 88° 55 MINUTES WEST 324.36 FEET TO THE WEST BOUNDARY LINE OF THE E½ - E½ OF NW¼ - SW¼; RUN THENCE NORTH 01° 38 MINUTES WEST ALONG SAID WEST BOUNDARY LINE 136 FEET; RUN THENCE SOUTH 88° 56 MINUTES EAST 323.93 FEET TO THE POINT OF BEGINNING.
ALSO:
A TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE E½ - E½ OF THE NW¼ - SW¼ OF SECTION 16, TOWNSHIP 10 SOUTH, RANGE 11 WEST, IN MARION COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER LINE OF SAID NW¼ - SW¼ TO THE POINT OF BEGINNING OF TRACT TO BE DESCRIBED HEREIN; THENCE CONTINUE SOUTH 01° 49 MINUTES EAST ALONG SAID EAST LINE 761 FEET ALONG THE EAST BOUNDARY LINE OF SAID NW¼ - SW¼ TO THE POINT OF BEGINNING OF TRACT TO BE DESCRIBED HEREIN; THENCE CONTINUE SOUTH 01° 49 MINUTES EAST ALONG SAID EAST BOUNDARY LINE 272 FEET; RUN THENCE NORTH 88° 57 MINUTES WEST 325.18 FEET TO THE WEST BOUNDARY LINE OF THE E½ - E½ OF THE NW¼ - SW¼; RUN THENCE NORTH 01° 38 MINUTES WEST ALONG SAID WEST BOUNDARY LINE 272 FEET; RUN THENCE SOUTH 88° 55 MINUTES EAST 324.36 FEET TO THE POINT OF BEGINNING.
ALSO:
A TRACT OF LAND CONTAINING 0.41 ACRE, MORE OR LESS, LYING IN THE NE¼ OF THE NW¼ OF SECTION 3, TOWNSHIP 11 SOUTH, RANGE 12, MARION COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCE AT THE NORTHEAST CORNER OF SAID NE¼ OF NW¼; THENCE S. 02 DEGREES 00’-E. ALONG THE EAST BOUNDARY OF SAID NE¼ OF NW¼, A DISTANCE OF 780 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY #278; THENCE N. 80 DEGREES 30’-W. ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HIGHWAY, A DISTANCE OF 508 FEET; THENCE S. 02 DEGREES, 00’-E. A DISTANCE OF 95 FEET TO AN IRON PIN SET AT THE BASE OF A 24-INCH DIAMETER WHITE OAK TREE AND THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE CONTINUE S.02 DEGREES 00’-E. A DISTANCE OF 170 FEET TO AN IRON PIN SET; THENCE N. 80 DEGREES 30’-W. AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY OF SAID HIGHWAY, A DISTANCE OF 110 FEET TO AN IRON PIN SET; THENCE N. 02 DEGREES, 00’-W. A DISTANCE OF 170 FEET; THENCE S. 80 DEGREES 30’- E. AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY OF SAID HIGHWAY, A DISTANCE OF 110 FEET TO THE POINT OF BEGINNING.
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
MW-Nov. 14, 21, 28
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