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 Howard Lee Miles, Jr. and Emily Lauren Miles, as Husband and Wife; to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 3, 2015 and recorded in the Office of the Judge of Probate of Winston County, Alabama on January 13, 2015, in Mortgage Volume 594 at Page 421; and
ALSO, that certain Correction Mortgage from Howard Lee Miles, Jr. and Emily Lauren Miles, as Husband and Wife; to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 3, 2015 and recorded in the Office of the Judge of Probate of Winston County, Alabama on April 13, 2020, in Mortgage Volume 648 at Page 245; and
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 Winston County, Alabama during the legal hours of sale (between 11 a.m. and 4 p.m.) on the 2nd day of September, 2020 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 W ½ - SW ¼ OF SECTION 18, TOWNSHIP 9 SOUTH, RANGE 9 WEST, AND THE E ½ - SE ¼ OF SECTION 13, TOWNSHIP 9 SOUTH, RANGE 10 WEST, WINSTON COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A 1 ¼” ANGLE IRON MARKING THE SW CORNER OF NW ¼ - SW ¼ AND RUN THENCE N 00 DEGREES 31’ E ALONG THE WEST LINE OF SECTION 18 A DISTANCE OF 482.30 FEET TO A 1 ¼” ANGLE IRON; RUN THENCE N 22 DEGREES 28’ 02” W A DISTANCE OF 40.85 FEET TO A 5/8” CAPPED IRON PIN ON THE EAST RIGHT OF WAY OF MOCCASIN LANE IN INDIAN TRACE SUBDIVISION, SAID POINT BEING IN A CURVE CONCAVE TO THE LEFT AND HAVING A CENTRAL OF 106 DEGREES 27’ 50” LEFT AND A RADIUS OF 70.00 FEET; RUN THENCE N 07 DEGREES 20’ 40” E CHORD A DISTANCE OF 52.74 FEET WITH AN ARC OF 54.08 FEET TO THE P.T. THEREOF MARKED BY A 1 ¼” ANGLE IRON; RUN THENCE S 22 DEGREES 28’ 02” E A DISTANCE OF 76.01 FEET TO A 5/8 CAPPED IRON PIN; RUN THENCE S 00 DEGREES 312” E A DISTANCE OF 120.00 FEET TO A 5/8” CAPPED IRON PIN; RUN THENCE S 62 DEGREES 59’ 02” E A DISTANCE OF 130.14 FEET TO A 5/8” CAPPED IRON PIN; THENCE RUN S 31 DEGREES 08’ 14” E A DISTANCE OF 212.74 FEET TO A 5/8” CAPPED IRON PIN; RUN THENCE S 33 DEGREES 50’ 58” E A DISTANCE OF 161.34 FEET TO A 5/8” CAPPED IRON PIN; RUN THENCE S 53 DEGREES 35’02” E A DISTANCE OF 101.21 FEET TO A 5/8” CAPPED IRON PIN; RUN THENCE S 45 DEGREES 53’19” E A DISTANCE OF 91.63 FEET TO A 5/8” CAPPED IRON PIN; RUN THENCE S 10 DEGREES 50’ 43” W A DISTANCE OF 284.20 FEET TO A 5/8” CAPPED IRON PIN; RUN THENCE N 75 DEGREES 13’21” W A DISTANCE OF 450.46 FEET TO A 1 ¼” ANGLE IRON ON THE WEST LINE OF SECTION 18; RUN THENCE N 00 DEGREES 31’ E ALONG THE WEST LINE OF SECTION 18 A DISTANCE OF 280.91 FEET TO THE POINT OF BEGINNING.
Said legal description being controlling, however the property is more commonly known as 205 Moccasin Lane, Haleyville, Alabama 35565; Parcel ID: 67-04-04-18-0-000-022.003.
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
Attorneys for
Mortgagee
c/o Jonathan B. Lowe
1210 21st Street
P.O. Box 576
Haleyville, Alabama 35565
Tel: (205)486-5296
HM_July 29, Aug 5, 12
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