STATE OF ALABAMA
COUNTY OF MARION
Under and by virtue of an execution out of the Circuit Court of Marion County on a Judgment rendered therein in which CDAB III, L.P., is the Plaintiff and Tony Struyk is the Defendant, I, Kevin Williams, as Sheriff of Marion County, Alabama, will sell to the highest, best and last bidder for cash at Public Outcry whatever equity the Defendant may possess in and to the following described Real property to-wit: Exhibit "A" Commence at the NW corner of the NW ¼ of SW ¼ of Section 35, Township 10 South, Range 14 West; thence run South along the West boundary line of said NW ¼ of SW ¼ for a distance of 1120 feet to a point; thence run South 83 degrees 46’ East for a distance of 140 feet to a point, which is the point of beginning of the property herein described; thence continue South 83 degrees 46’ East along the South side of a 20 foot wide alley for a distance of 686.8 feet to a point; thence South 8 degrees 15’ West for a distance of 490.2 feet to a point on the North right-of-way line of U.S. Highway 278; thence North 81 degrees 45’ West for a distance of 705.0 feet along the North right of way line of U.S. Highway 278 to a point on the East line of First Street East; thence North 10 degrees 32’ East along the East line of First Street East for a distance of 486.4 feet to the point of beginning; said parcel containing 7.633 acres, more or less, and lying and being situated in the W ½ of SW ¼ of Section 35, Township 10 South, Range 14 West, in the City of Hamilton, Alabama, Marion County, Alabama. LESS AND EXCEPT: Commence at the NW corner of NW ¼ of SW ¼ of Section 35, Township 10 South, Range 14 West; thence run South along the West boundary line of said NW ¼ of SW ¼ for a distance of 1,120.0 feet to a point; thence run South 83 degrees 46 minutes East for a distance of 140 feet to a point; thence run South 10 degrees 32 minutes West for a distance of 466.4 feet to a point on the North right of way line of U.S. Highway 278; thence run South 81 degrees 45’ East along said North right of way of U.S. Highway 278 for a distance of 580.00 feet to the point of beginning; thence continuing South 81 degrees 45’ East along said North right of way line of U.S. Highway 278 for a distance of 125.00 feet to a point; thence North 8 degrees 15’ East for a distance of 125.00 feet to a point; thence run North 81 degrees 45’ West for a distance of 125.00 feet to a point; thence run South 8 degrees 15’ West for a distance of 125.00 feet to the point of beginning. Containing 15.625 square feet or 0.3587 acres. LESS AND EXCEPT: Commence at the NW corner of the NW ¼ of the SW ¼ of Section 35, Township 10 South, Range 14 West; thence run South along the West boundary line of said NW ¼ of SW ¼ for a distance of 1120.00 feet to a point; thence run South 83 degrees 46’ East for a distance of 140.00 feet to a point; thence run South 10 degrees 32’ West for a distance of 316.28 feet to a point on the East line of First Street East, and point being the point of beginning; thence continuing South ten degrees 32’ West along the east line of First Street East for a distance of 150.12 feet to a point on the north right of way line of U.S. Highway 278; thence run South 81 degrees 45’ East along said north right of way of U.S. Highway 278 for a distance of 125.00 to a point; thence run North 8 degrees 15’ East for a distance of 150.00 feet to a point; thence run North 81 degrees 45’ West for a distance of 119.02 feet to the point of beginning. Containing 18,301.50 square feet or 0.4201 acres. Being the same property as described in that certain Lease Agreement between The City of Hamilton and General Shopping Centers of Hamilton L TD, dated 9/12/79 and recorded at Deed Book 211, page 655. Also being the same property conveyed to the Grantor herein by Quit Claim Deed from the City of Hamilton, dated August 02, 2000, filed August 11, 2000 and recorded at Deed Book 438, pages 63 through 65 in the Office of the Judge of Probate of Marion County, Alabama. SUBJECT TO: Grant of Easement Executed by the City of Hamilton to The Water Works and Sewer Board of the Town of Hamilton, dated 7/15/79, filed 9/14/79 and recorded at Deed Book 211, pages 641 through 648 in the Office of the Judge of Probate of Marion County, Alabama.
Grant of Easement and Related Covenants executed by Henry H. Caldwell, Jr. and wife, Louise M. Caldwell and Helen B. Haney, an unmarried woman to General Shopping Centers of Hamilton, L TD, dated 9/12/79, filed 9/14/79 and recorded at Deed Book 211, pages 649 through 654 in the Office of the Judge of Probate of Marion County, Alabama. Land Use Restrictions given by The Housing Authority of Hamilton, for the Urban Renewal Area, filed 8/4/72 and recorded at Deed Book 179, pages 19 through 25 in the Office of the Judge of Probate of Marion County, Alabama. Declaration of Restrictions and Grant of Easement executed by the City of Hamilton, dated 8/21/78, filed 8/6/79 and recorded at Deed Book 211, pages 244 through 235 in the Office of the Judge of Probate of Marion County, Alabama. THE ABOVE DESCRIPTION WAS BASED UPON A SURVEY PREPARED BY P. MICHAEL LINDLEY, ALABAMA REGISTERED SURVEYOR, REG. NO. 20040. PROPERTY LOCATED: 225 BEXAR AVE. EAST, HAMILTON, ALABAMA 35570 Said sale to be held during the Legal Hours of Sale, at 11:00 o’clock A.M., Monday, August 15, 2022, on the Marion County Courthouse steps, 132 Military Street South, Hamilton, Alabama. Sale is to be the subject to all lawful liens and encumbrances.
Done this 8th day of July, 2022.
/s/Kevin Williams
Kevin Williams,
Sheriff, Marion County, Alabama
SSN
JULY 13, 20, 27
938