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 certain mortgage from Doris A. Kauffman, and James B. Kauffman, as wife and husband, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, (hereinafter “BankFirst Financial Services”), dated December 12, 2014, and recorded in the Office of the Judge of Probate of Winston County, Alabama on December 22, 2014, in Mortgage Volume 594 at Page 63; 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 28th day of October, 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:
Block or Range No. 4 East of the Northern Alabama Railway in the Town of Haleyville, Winston County, Alabama, more particularly described as follows: Commencing 87 yards South of the NE corner of SE ¼ of SW ¼ of Section 31, Township 9, Range 10 West, thence running due West to the said railroad right-of-way, thence South along said right-of-way 70 yards, thence East along the North line of Dr. Rodeo’s property to the East Line of said forty, thence North to the Point of Beginning, Except a part of Lot on which Christian Church stands, also Except a lot on Southwest corner of said Block or Range fronting West on the right-of-way of the Northern Alabama Railroad, 84 feet, and extending back East along the North line of Dr. Roden’s property a distance of 140 feet, which is the property on which the Mineral Springs Hotel formerly stood. Together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. Said property being known as the homestead or hotel property of J.C. Carruth and being located in Winston County, Alabama. LESS & EXCEPT: A tract or lot 126 feet across the front and 140 feet deep on the West side. The North line of the property herein conveyed is the line established by final decree in the case of Albert 0. Williams, complainant, vs. M.F. Allen, Respondent, Case No. 207 in Circuit Court of Winston County, Alabama, Haleyville Division. In equity. LESS AND EXCEPT: All land West of the street running generally North and South through Mineral Springs Housing Project, said street formerly being generally known as 17th Street and now said street being generally known as 7th Avenue. LESS AND EXCEPT all mining and mineral rights.
LESS AND EXCEPT: A lot or parcel of land 100 feet square situated and lying in Block or Range Number 4 East of the North Alabama Railroad in the town of Haleyville, Alabama, said lot more particularly described as follows: commence 87 yards South of the Northeast comer of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of Section 31, Township 9, Range 10 West, thence run due West to the said railroad right-of-way, thence South along said railroad right-of-way 70
yards, thence East along the line of the former Dr. Roden property to a point where said line intersects the East right-of-way line of 7th Avenue, formerly known as 17th Street, this being the Point of Beginning of the property herein conveyed. From the Point of Beginning thus located go East a distance of 100 Feet along the line separating the property of Robert D. Triplett and Elsie Triplett with the Mineral Springs Housing Project, and along a fence line for a distance of 100 Feet; thence North parallel with 7th Avenue and along a fence line a distance of 100 feet; thence West parallel with the afore described South line of said property, along a fence line 100 feet more or less back to the East right-of-way of 7th Avenue; thence South along the East right-of-way of 7th Avenue a distance of 100 feet, more or less, back to the Point of Beginning of the property herein conveyed. Being a lot 100 feet square feet together with any improvements situated thereon.
ALSO INCLUDING:
Range number five (5) joining the Christian Church, then running East to the Branch, all of range number five (5) except the church lot which is 50 x 125 feet. According to the map, which is recorded in Double Springs, Winston County, Alabama, situated in the town of Haleyville, Alabama, being a portion of the SE ¼ of the SW ¼ of Section 31, Township 9, Range 10, Containing about one and one-eighth acre, situated in Winston County, Alabama.
ALSO INCLUDING:
A Part of Range 6 in the Town of Haleyville, Alabama on the North side of old Christian Church property, being more particularly described as follows: Beginning on the North side of 17th Street running through said Church property at the SE comer of Marvin Davis property and running North along the East side of the Davis property approximately 300 feet to the Gene Farris land, thence East along the Southside of said Farris land 125 feet to a stake, thence South parallel with the West line a distance of 230 feet more or less to the Triplett property; thence Southwest along the North line of the Triplett property a distance of 75 feet; thence South a distance of approximately 66 feet to the above-mentioned street, thence West along the North side of said street a distance of 50 feet to the Point of Beginning.
LESS AND EXCEPT: A parcel of land being a part of Range 6 in the town of Haleyville, Alabama on the North side of the old Christian Church property being more particularly described as follows: Beginning on the North side of 17th Street, running through said Church property at the Southeast corner of Marvin Davis property, and running North along the East side of the Davis property approximately 110 FT. to an iron pin; thence East parallel to 17th Street a distance of 50 feet to an iron pin; thence South a distance of 110 FT. more or less to the North side of 17th street; thence West along 17th Street to Point of Beginning.
Said legal description being controlling; however the property is more commonly known as:
728 17th Street,
Haleyville, AL 35565
Parcel ID:
67-05-09-3 I-3-200-017.000; and
67-05-09-3 I-3-200-024.000
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, 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
DK_Sept 30,
Oct 7, 14
1360