WHEREAS, default has occurred in the performance of the covenants terms and conditions of that mortgage from James Thomas Moorehead and Dianne Moorehead; husband and wife; to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated May 25, 2005 and recorded in the Office of the Judge of Probate of Winston County, Alabama on June 9, 2005, in Mortgage Volume 473 at Page 619; and
ALSO, that certain Modification of Mortgage from James Thomas Moorehead and Dianne Moorehead, as husband and wife, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated December 20, 2018 and recorded in the Office of the Judge of Probate of Winston County, Alabama on December 27, 2018, in Mortgage Volume 633 at Page 985;
BankFirst Financial Services, successor by merger to Traders and Farmers Bank, 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, successor by merger to Traders and Farmers Bank, 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 July, 2021, 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:
A PARCEL OF LAND LYING AND BEING SITUATED IN THE NE¼-SE¼ OF SECTION 31, TOWNSHIP 9 SOUTH, RANGE 10 WEST, WINSTON COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A ¾-INCH ANGLE IRON AND A ROCK WITH AN “X” MARKING THE SOUTHEAST CORNER OF SECTION 31 AND RUN THENCE NORTH 03 DEGREES 18 MINUTES 47 SECONDS WEST ALONG THE EAST BOUNDARY OF SECTION 31 A DISTANCE OF 1583.59 FEET TO A 5/8-INCH CAPPED IRON MARKING THE POINT OF BEGINNING; RUN THENCE SOUTH 80 DEGREES 20 MINUTES 10 SECONDS WEST A DISTANCE OF 180.25 FEET TO A 5/8-INCH CAPPED IRON ON THE EAST RIGHT-OF-WAY OF 13TH AVENUE; RUN THENCE NORTH 04 DEGREES 16 MINUTES 49 SECONDS WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 70.00 FEET TO A 5/8-INCH CAPPED IRON AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF 17TH STREET; RUN THENCE NORTH 80 DEGREES 22 MINUTES 27 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY OF 17TH STREET A DISTANCE OF 181.42 FEET TO A 5/8-INCH CAPPED IRON ON THE EAST BOUNDARY OF SECTION 31; RUN THENCE SOUTH 03 DEGREES 18 MINUTES 47 SECONDS EAST ALONG THE EAST BOUNDARY OF SECTION 31, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.29 ACRES MORE OR LESS.
Said legal description being controlling, however the property is more commonly known as 1301 17th Street, Haleyville, Alabama 35565; Parcel ID 67-05-09-31-4-206-001.004.
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,
successor by merger
to Traders and Farmers Bank, as Mortgagee
Lowe, Mobley Lowe & LeDuke
c/o Jonathan B. Lowe
1210 21st Street
P.O. Box 576
Haleyville, Alabama 35565
JM_June 23, 30, July 7