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 Eugene S. Riley on the 5th day of August, 2010, to Synovus Bank (a/k/a First Bank Jasper Div 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” or “Mortgagee”) recorded in Mortgage Book 549, Page 427 in the Probate Office of Winston County, Alabama (the “Mortgage”), Synovus, as Mortgagee, by reason of such default, having declared all of the indebtedness due and payable evidenced by the promissory note dated August 5, 2015 executed by Eugene S. Riley, as Debtor, and secured by said Mortgage, and such default continuing, notice is hereby given, that acting under the power of sale contained in said Mortgage, Synovus, as Mortgagee, will sell at public outcry, for cash to the highest bidder, in front of the Courthouse entrance, in Double Springs, Winston County, Alabama, on June 29, 2021 during the legal hours of sale, the following described real property situated in Winston County, Alabama, to-wit:
Lot 39 of Sipsey Overlook Subdivision, as recorded in Plat Book 3, Pages 122, 123,
124 and 125 in the Office of the Judge of Probate. Winston County, Alabama, as amended.
Subject to the Restrictive Covenants, easements and public roads, of Sipsey Overlook Subdivision as recorded in Deed Book 264, Page 420, 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 a 30 feet in width easement over and across Lots #40 through #54 of Sipsey Overlook Subdivision being 15 feet along and either side of a centerline more particularly described as follows: Commence at the Southwest Corner of the East ½, of the Northeast ¼, of the Southwest ¼, of Section 18, Township 11 South, Range 7 West being a capped pipe; thence South 84 degrees, 06 minutes, 37 seconds East, 2979.46 feet to the Southeast comer of Lot #40; thence along the South line of said Lot #40 North 84 degrees, 58 minutes, 52 seconds West, 300.52 feet to a point, said point being the point of beginning of said centerline of said 30 feet in width easement. Thence leaving said South line of said Lot #40 and along said centerline North 26 degrees, 42 minutes, 12 seconds East, 87.67 feet to a point; thence continue along said centerline, along the arc of a curve to the left, 154.11 feet, radius 233.81 feet, chord North 08 degrees, 51 minutes, 24 seconds East, 151.33 feet to a point; thence continue along said centerline North 05 degrees, 18 minutes, 52 seconds West, 52.25 feet to a point; thence continue along said centerline, along the arc of a curve to the right, 96.91 feet, radius 146.51 feet, chord North 12 degrees, 51 minutes, 17 seconds East, 95.15 feet to a point; thence continue along said centerline North 24 degrees, 34 minutes, 49 seconds East, 199.63 feet to a point; thence continue along said centerline North 35 degrees, 55 minutes, 49 seconds East, 51.82 feet to a point; thence continue along said centerline North 53 degrees, 32 minutes, 16 seconds East, 107.13 feet to a point; thence continue along said centerline North 31 degrees, 03 minutes, 32 seconds East, 113.70 feet to a point; thence continue along said centerline North 45 degrees, 31 minutes, 49 seconds East, 74.10 feet to a point; thence continue along said centerline North 62 degrees, 24 minutes, 02 seconds East, 84.98 feet to a point; thence continue along said centerline North 51 degrees, 49 minutes, 50 seconds East, 57.67 feet to a point; thence continue along said centerline North 55 degrees, 08 minutes, 47 seconds East, 87.82 feet to a point thence continue along said centerline, along the arc of a curve to the right, 66.53 feet, radius 61.08 feet, chord North 88 degrees, 17 minutes, 19 seconds East, 63.29 feet to a point; thence continue along said centerline South 49 degrees, 38 minutes, 56 seconds East, 129.64 feet to a point; thence continue along said centerline, along the arc of a curve 10 the right, 83.84 feet, radius 114.49 feet, chord South 25 degrees, 37 minutes, 16 seconds East, 81.98 feet to a point; thence continue along said centerline South 06 degrees, 07 minutes, 50 seconds East, 56.90 feet to a point on the North right-of-way of Sipsey Overlook Drive. Said point being the point of terminus of said 30 feet in width easement. Said easement lying and being in the Northeast ¼ of the Southeast ¼, and the Southeast ¼ of the Southeast ¼, of Section 18, Township 11 South, Range 7 West and the Northwest ¼ of the Southwest ¼ of Section 17, Township 11 South, Range 7 West
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 assess- ments 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
Chandler W. Riley, Esquire
Page, Scrantom, Sprouse, Tucker & Ford., P.C.
1111 Bay Ave.,
Third Floor
P.O. Box 1199
Columbus, GA 31902
(706) 324-0251
ER_May 26,
June 2, 9
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