Legal Notice
STATE OF
ALABAMA
COUNTIES OF
WINSTON
AND MARION
NOTICE OF
MORTGAGE
FORECLOSURE SALE
WHEREAS, default has occurred in the performance of the covenants terms and conditions of that Mortgage from Vonda Jo Wright fka Vonda Jo Kelley and Obie Lee Wright aka Lee Wright, as Wife and Husband; to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 31, 2013 and recorded in the Office of the Judge of Probate of Marion County, Alabama on February 15, 2013, in Mortgage Volume 2013at Page 670; and
ALSO, that certain Mortgage from Vonda Jo Wright fka Vonda Jo Kelley and Obie Lee Wright aka Lee Wright, as Wife and Husband to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated January 31, 2013 and recorded in the Office of the Judge of Probate of Winston County, Alabama on February 8, 2013, in Mortgage Volume 575 at Page 14;
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 Marion County, Alabama during the legal hours of sale (between 11 a.m. and 4 p.m.) on the 16th day of December, 2020 the following property, situated in Marion and 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:
TRACT ONE:
BEGIN AT THE NE CORNER OF THE NE ¼-NW ¼, RUN THENCE S 89 DEGREES 08 MINUTES WEST AND ALONG NORTH BOUNDARY LINE OF SAID FORTY A DISTANCE OF 651.46 FEET; RUN THENCE S 13 DEGREES 14 MINUTES EAST A DISTANCE OF 439 FEET; RUN THENCE N 85 DEGREES 30 MINUTES EAST A DISTANCE OF 426 FEET TO THE CENTER OF A PAVED COUNTY ROAD; RUN THENCE NORTHEASTERLY AND ALONG THE CENTER OF SAID ROAD 411.5 FEET TO ITS INTERSECTION WITH THE EAST BOUNDARY OF SAID FORTY; RUN THENCE N 2 DEGREES 49 MINUTES WEST AND ALONG EAST BOUNDARY LINE OF SAID FORTY A DISTANCE OF 279.5 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING SITUATED IN THE NE ¼-NW ¼ OF SECTION 24, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA AND CONTAINING 8.7 ACRES MORE OR LESS.
LESS AND EXCEPT: FROM THE NE CORNER OF THE NE ¼ OF NW ¼ OF SECTION 24, TOWNSHIP 9, RANGE 11, PROCEED SOUTH AND SOUTHEAST ALONG THE WESTERN BOUNDARY OF A PAVED COUNTRY ROAD 270 FEET TO THE POINT OF BEGINNING; THENCE WEST 210’; THENCE SOUTH 210’; THENCE EAST 210’; THENCE NORTH 210’ TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT: FROM THE NE CORNER OF THE NE ¼-NW ¼ OF SECTION 24, TOWNSHIP 9, RANGE 11, RUN THENCE SOUTH 89 DEGREES 08 MINUTES WEST 651.46 FEET TO AN IRON PIN; THENCE SOUTH 13 DEGREES 14 MINUTES EAST ABOUT 100 FEET TO THE SOUTHERN BOUNDARY OF A POWER LINE RIGHT-OF-WAY, THE POINT OF BEGINNING HEREIN; THENCE CONTINUE SOUTH 13 DEGREES 14 MINUTES EAST FOR 210 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST FOR 210 FEET; THENCE NORTH 13 DEGREES 14 MINUTES WEST FOR 210 FEET; THENCE SOUTH 89 DEGREES 08 MINUTES WEST FOR 210 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT: FROM NE CORNER OF THE NE ¼ OF THE NW ¼ OF SECTION 24, TOWNSHIP 9, RANGE 11, RUN THENCE SOUTH 2 DEGREES 49 MINUTES EAST AND ALONG EAST BOUNDARY LINE OF SAID FORTY 278.5 FEET TO A POINT WHERE THE CENTER OF ROAD INTERSECTS THE EAST BOUNDARY LINE OF SAID FORTY; RUN THENCE SOUTHWESTERLY AND ALONG THE CENTER OF SAID ROAD 411.5 FEET TO A POINT (A RAILROAD SPIKE); SAID POINT BEING THE POINT OF BEGINNING OF THE TRACT TO BE CONVEYED HEREIN; RUN THENCE SOUTH 85 DEGREES 30’ WEST A DISTANCE OF 210 FEET; THENCE NORTH-NORTHEASTERLY 210 FEET TO A POINT; THENCE EAST-NORTHEASTERLY 210 FEET TO THE CENTER LINE OF THE AFOREMENTIONED PAVED ROAD; THENCE SOUTHERLY
ALONG THE CENTER LINE OF SAID ROAD 210 FEET TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT COMMENCE AT AN IRON PIN FOUND AND PURPORTED TO BE THE NE CORNER OF THE NE ¼ OF THE NW ¼ OF SECTION 24, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA; THENCE SOUTH 89 DEGREES 08 MINUTES 00 SECONDS WEST 649.60 FEET TO AN IRON PIN FOUND; THENCE SOUTH 13 DEGREES 14 MINUTES 00 SECONDS EAST 100.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 08 MINUTES 00 SECONDS EAST 210.00 FEET TO AN IRON PIN SET, THE POINT OF BEGINNING FOR THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 89 DEGREES 08 MINUTES 00 SECONDS EAST 256.79 FEET TO AN IRON PIN SET; THENCE SOUTH 10 DEGREES 26 MINUTES 35 SECONDS WEST 164.27 FEET TO AN IRON PIN SET; THENCE SOUTH 65 DEGREES 34 MINUTES 45 SECONDS WEST 188.44 FEET TO AN IRON PIN SET; THENCE NORTH 13 DEGREES 14 MINUTES 00 SECONDS WEST 242.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.00 ACRE, MORE OR LESS.
ALSO AND SUBJECT TO A 20 FOOT INGRESS-EGRESS EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AND PURPORTED TO BE THE NE CORNER OF THE NE ¼ OF THE NW ¼, SECTION 24, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA; THENCE SOUTH 02 DEGREES 49 MINUTES 00 SECONDS EAST 210.36 FEET TO THE POINT OF BEGINNING FOR EASEMENT HEREIN DESCRIBED; THENCE ALONG THE CENTER LINE OF AN EXISTING ASPHALT AND GRAVEL DRIVE NORTH 83 DEGREES 17 MINUTES 02 SECONDS WEST 44.61 FEET TO A POINT; THENCE SOUTH 18 DEGREES 56 MINUTES 23 SECONDS WEST 61.33 FEET TO A POINT;
THENCE SOUTH 89 DEGREES 34 MINUTES 49 SECONDS WEST 38.24 FEET TO A POINT; THENCE NORTH 77 DEGREES 27 MINUTES 26 SECONDS WEST 133.71 FEET TO A POINT; THENCE SOUTH 44 DEGREES 51 MINUTES 56 SECONDS WEST 109.36 FEET TO THE END POINT OF THE ABOVE DESCRIBED EASEMENT.
TRACT TWO:
LOTS 9 AND 10 IN BLOCK “A” OF THE WOODS ADDITION TO HALEYVILLE, AND RECORDED IN THE PROBATE RECORDS OF WINSTON COUNTY, ALABAMA, IN VOLUME OF DEEDS NUMBER 30 AT PAGE 22 ON THE 21ST DAY OF DECEMBER, 1912.
ALSO KNOWN AS WINSTON COUNTY TAX PARCEL: #67-05-09-32-2-202-020.000
TRACT THREE:
A LOT OR PARCEL OF LAND SITUATED AND LYING IN THE SE ¼ OF THE NE ¼ OF SECTION 35, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A
HIGHWAY
RIGHT-OF-WAY MARKER ON THE NW SIDE OF CHERRY HILL ROAD, SAID MARKER BEING MARKER NO. 44; THENCE GO EAST ALONG SAID RIGHT-OF-WAY 22.5 FEET; THENCE GO NORTH 210 FEET TO AN IRON PIN, BEING THE POINT OF BEGINNING OF THE PROPERTY HEREIN CONVEYED; FROM SAID POINT CONTINUE NORTH 185 FEET TO AN IRON PIN; THENCE GO WEST 266 FEET TO AN IRON PIN; THENCE GO WEST 266 FEET TO AN IRON PIN; THENCE GO NORTH 300 FEET TO AN IRON PIN; THENCE GO WEST 300 FEET TO AN IRON PIN; THENCE GO IN A SOUTHWESTERLY DIRECTION ALONG THE CUMMINGS TRUCK LEASE PROPERTY 369 FEET TO AN IRON PIN; THENCE SOUTH 400 FEET TO AN IRON PIN; THENCE GO EAST 206 FEET TO AN IRON PIN; THENCE GO NORTH 210 FEET; THENCE GO EAST 210 FEET MORE OR LESS TO AN IRON PIN BEING THE POINT OF BEGINNING OF THE PROPERTY HEREIN CONVEYED.
ALSO KNOWN AS MARION COUNTY TAX PARCEL I.D. #49-1-07-35-0-000-028.000.
TRACT FOUR:
COMMENCE AT THE SW CORNER OF THE NW ¼ OF THE NW ¼ OF SECTION 3, TOWNSHIP 10 SOUTH, RANGE 11 WEST, IN MARION COUNTY, ALABAMA; THENCE RUN EAST ALONG THE SOUTH LINE OF SAID ¼ - ¼ SECTION FOR 135.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ON THE LAST DESCRIBED COURT FOR 104.0 FEET; THENCE RUN NORTH FOR 208.0 FEET; THENCE RUN WEST FOR 104.0 FEET; THENCE RUN NORTH FOR 208.0 FEET; THENCE RUN WEST FOR 104.0 FEET; THENCE RUN SOUTH FOR 208.0 FEET TO THE POINT OF BEGINNING. CONTAINING 0.5 ACRES MORE OR LESS.
LESS AND EXCEPT ANY ROAD RIGHTS-OF-WAYS OF RECORD.
ALSO KNOWN AS MARION COUNTY TAX
PARCEL I.D.#49-12-02-03-0-000-021.000.
Said legal descriptions being controlling, however the properties are more commonly known as Winston County Parcel ID: #67-05-09-32-2-202-020.000; Marion County Parcel ID: #49-1-07-35-0-000-028.000; Marion County Parcel ID: #49-12-02-03-0-000-021.000;
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,
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
VW_Nov. 18, 25, Dec. 2
1705