Legal Notice
NOTICE OF
MORTGAGE
FORECLOSURE SALE
STATE OF
ALABAMA
COUNTY OF
WINSTON
THIS IS AN
ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Default having been made in the payment of the debt secured by that certain mortgage executed by John A Postell and Margaret S Postell, Mortgagor(s), to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, NA, Mortgagee, on February 1, 2007, said mortgage being recorded on February 26, 2007 in the Probate Office of Winston County, Alabama in Book 502, Page 501, and later assigned to Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of the Aspen Growth IV Trust, a Delaware statutory trust, by reason of such default, having declared all the indebtedness secured by said mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of the Aspen Growth IV Trust, a Delaware statutory trust will sell at public outcry, for cash, to the highest bidder, in front of the Courthouse door in the City of Double Springs, Winston County, Alabama during the legal hours of sale on October 28, 2021 the following described real estate situated in Winston County, Alabama, to wit:
SITUATED IN THE TOWN OF HALEYVILLE, COUNTY OF WINSTON AND STATE OF ALABAMA:
BEGIN AT THE SOUTHWEST CORNER OF LOT NO. 3; THENCE NORTH 89 DEGREES EAST, 115 FEET TO AN IRON; THENCE NORTH 1 DEGREE 30 MINUTES WEST, 135 FEET TO AN IRON, THENCE IN A SOUTHWEST DIRECTION TO POINT OF BEGINNING. THIS BEING A PART OF LOT 3 HUGHES SUB-DIVISION TO THE TOWN OF HALEYVILLE.
ALSO: BEGIN AT THE SOUTHWEST CORNER OF LOT NO. 4; THENCE NORTH 89 DEGREES EAST, 115 TO AN IRON; THENCE NORTH 1 DEGREE 30 MINUTES WEST, 145 FEET TO AN IRON; THENCE NORTHWESTERLY 83 FEET TO AN IRON; THENCE SOUTHWESTERLY 53 FEET TO AN IRON; THENCE SOUTH 1 DEGREE 3 MINUTES EAST, 135 FEET TO AN IRON THE POINT OF BEGINNING. BEING LOT NO. 4 OF THE HUGHES SUB-DIVISION TO THE TOWN OF HALEYVILLE.
Permanent Parcel Number: 05 09 29 4 202 023 003 and 05 09 29 4 202 023 001
JOHN A. POSTELL AND WIFE, MARGARET S. POSTELL, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
Commonly known as: 3005 Carter Drive, Haleyville, AL 35565
Tax ID #: 67-05-09-29-4-202-023.001 & 67 05 09 4 2002 023.003
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Said sale will be made subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the mortgage first set out above and restrictions of record in the Probate Office aforesaid, matters of survey, and to any Federal or State Tax liens, if any, and/or special assessments, if any, which might adversely affect the title to the premises.
Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage to Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of the Aspen Growth IV Trust, a Delaware statutory trust, Mortgagee, and the proceeds thereof will be applied as provided for in the terms of said mortgage.
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.
The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to McMichael Taylor Gray LLC at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day to McMichael Taylor Gray LLC at 3550 Engineering Drive, Suite 260, Peachtree Corners, GA 30092.
McMichael Taylor Gray, LLC reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate. This sale is subject to postponement or cancellation.
Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of the Aspen Growth IV Trust, a Delaware statutory trust
AS ATTORNEY IN FACT FOR
John A Postell and Margaret S Postell
MARK A. BAKER, Attorney for
Mortgagee
McMichael Taylor Gray, LLC
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
404-474-7149
MTG File No.: AL2021-00595
JP_Oct 6, 13, 20
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