Legal Notice
STATE OF
ALABAMA
COUNTY OF
WINSTON
NOTICE OF
MORTGAGE FORECLOSURE
SALE
WHEREAS, default has occurred in the performance of the covenants terms and conditions of that mortgage from Clayton Dale Patillo, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, (hereinafter “BankFirst Financial Services), dated December 9, 2020, and recorded in the Office of the Judge of Probate of Winston County, Alabama on December 30, 2020, in Mortgage Volume 660 at Page 326; and
BankFirst Financial Services, 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, as mortgagee, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Double Springs, Winston County, Alabama during the legal hours of sale (between 11 a.m. and 4 p.m.) on the 26th day of August, 2026, 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:
The East half of the NW ¼ of the NW ¼ of Section 11, Township 11 South, Range 6 West, Winston County, Alabama.
Also: An non-exclusive easement for ingress and egress to the East Half of the NW ¼ of the NW ¼ of Section 11, Township 11 South, Range 6 West of the Huntsville Meridian, Winston County, Alabama, said easement being twenty feet in width (ten feet either side of the following described centerline) lying in the West Half of the NW ¼ of the NW ¼ of Section 11 and the NE ¼ of the NE ¼ of Section 10, Township 11 South, Range 6 West of the Huntsville Meridian, Winston County, Alabama, being more particularly described as follows: Commence at the NE corner of the West Half of the NW ¼ of the NW ¼ of Section 11, said point being a ½ inch capped rebar, and run S 00° 09’ 33” W along the east boundary of said West Half of the NW ¼ of the NW ¼ of Section 11 a distance of 68.94 feet to the center of a field road and the POINT OF BEGINNING of the centerline of said twenty foot wide easement; thence run S 65° 01’ 08” W along the centerline of said field road a distance of 80.44 feet to a point; thence run S 49° 05’ 48” W along the centerline of said field road a distance of 64.91 feet to a point; thence run S 38° 43’ 23” W along the centerline of said field road a distance of 105.47 feet to a point; thence run S 83° 49’ 24” W along the centerline of said field road a distance of 66.96 feet to a point; thence run N 74° 13’ 32” W along the centerline of said field road a distance of 103.93 feet to a point; thence run N 83° 54’ 31” W said centerline a distance of 125.81 feet to a point; thence run N 61° 29’ 33” W said centerline a distance of 119.56 feet to a point; thence run N 85° 55’ 11” W along said centerline a distance of 298.06 feet to a point; thence run S 75° 08’ 24” W said centerline a distance of 202.74 feet to a point; thence run S 56° 37’ 11” W said centerline a distance of 109.47 feet to a point; thence run S 88° 22’ 41” W said centerline a distance of 113.04 feet to a point on the east right-of-way boundary of County Road 22 (also known as Smoke Neck Road), said point being the POINT OF ENDING of the centerline of said twenty foot wide easement.
Said legal description being controlling, however the property is more commonly known as:
0 County Road 22, Arley, AL 35541
Parcel ID:11-01-11-0-200-003.001
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,
as Mortgagee
Lowe, Mobley
Lowe & LeDuke
Attorneys for
Mortgagee
c/o Jonathan B. Lowe
1210 21st Street
P.O. Box 576
Haleyville, Alabama 35565
Tel: (205) 486-5296
CP_July 29,
Aug 5, 12
904