Default having been made in the payment of the indebtedness secured by that certain mortgage executed on January 18, 2011 by Elston E. Lathum and Heather Lathum, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Synovus Mortgage Corp., and recorded in Mortgage Book 554 at Page 158 on January 20, 2011, and modified in agreement recorded June 6, 2017 in MORT Book 618, Page 434, in the Office of the Judge of Probate of Winston County, Alabama, and secured indebtedness having been transferred or assigned to Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust as reflected by instrument recorded in Mortgage Book 571, Page 849; Mortgage Book 644, Page 106 and of the same Office. LOGS Legal Group LLP, as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on August 16, 2022, sell at public outcry to the highest bidder at the main entrance of the Winston County, Alabama, Courthouse in the City of Double Springs, during the legal hours of sale, the following real estate situated in Winston County, Alabama, to wit:
A parcel of land in the SW 1/4 of Section 14, Township 11, Range 8 West, more particularly described as follows: Beginning at an iron pin set and purported to be the SW corner of the SW 1/4 of the SW 1/4 of Section 14, Township 11 South, Range 8 West, Winston County, Alabama; thence North 0 degrees 17' 00" West, 1313.71 feet to a concrete monument found; thence South 89 degrees 46' 13" East, 201.30 feet to a railroad spike set in the center of Curtis Road; thence along the center of Curtis Road South 9 degrees 58' 00" East, 666.40 feet to a railroad spike set; thence continue along the center of Curtis Road South 10 degrees 45' 11" East, 667.34 feet to a railroad spike set; thence leaving Curtis Road South 89 degrees 52' 43" West, 434.65 feet to the point of beginning.
Less and Except:
A parcel of land lying in the SW 1/4 of the SW 1/4 of Section 14, Township 11 South, Range 8 West, Winston County, Alabama, being more particularly described as follows:
Begin at the NW corner of said SW 1/4 of the SW 1/4, said point being a concrete monument, and run South 89 degrees 46' 13" East along the North boundary of said SW 1/4 of SW 1/4, 171.30 feet to the West right of way boundary of a county road; thence run South 4 degrees 57' 16" East along said West right of way boundary, 113.35 feet to a point; thence run South 10 degrees 46' 42" East, along said West right of way 97.87 feet to a point; thence run South 84 degrees 37' 38" West a distance of 199.14 feet to a 1/2 inch rebar on the West boundary of said SW 1/4 of the SW 1/4; thence run North 0 degrees 17' 00" West along the West boundary of said SW 1/4 of the SW 1/4, 228.41 feet to the point of beginning.
For informational purposes only, the property address is: 1669 County Road 3067, Double Springs, AL 35553.
Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized represent- ative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of LOGS Legal Group LLP at the address indicated below. LOGS Legal Group LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.
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.
Wilmington Savings Fund Society, FSB, as Trustee of
Quercus Mortgage Investment Trust, and its successors and assigns
LOGS LEGAL GROUP LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
EL_June 22, 29,