MORTGAGE FORECLOSURE SALE
Default having been made in the terms of that mortgage executed on the 17th day of January, 2008, by S. MARK BOOTH, a single person, as mortgagor in favor of State Bank and Trust, as mortgagee, which said mortgage is recorded in the Office of the Judge of Probate, Marion County, Alabama, in OFFR Book 2008 at Page 336, said mortgage being amended in OFFR Book 2011 at Page 3614; and State Bank and Trust, as mortgagee, having declared all of the indebtedness secured by said mortgage, as amended, due and payable and such default continuing, notice is hereby given, that acting under and by virtue of the power of sale contained in said mortgage, State Bank and Trust, as mortgagee, will sell at public outcry, for cash, to the highest bidder, in front of the West door of the Courthouse in Hamilton, Marion County, Alabama, during the legal hours of sale, on JULY 7, 2025, the following described real estate, together with hereditaments and appurtenances there unto belonging and all fixtures now attached to and used in connection with the premises herein described, to-wit:
TRACT 1: PARCEL I: A tract of land lying and being situated in the Northwest ¼ of Southeast ¼ and the Northeast ¼ of Southwest ¼, all in Section 18, Township 12 South, Range 12 West, Marion County, Alabama, more particularly described as follows:, to-wit: “Beginning at a concrete right-of-way marker (number P.O.C. 50) on the South right-of-way of Alabama Highway No. 44, said concrete right-of-way marker being situated 110 feet West of the intersection of the South right-of-way of Alabama Highway No. 44 and the West boundary of the Northwest ¼ of Southeast ¼ of said Section 18; thence run East along the South right-of-way of Alabama Highway No. 44 a distance of 160 feet to an iron pin; thence run South 21° 45 minutes East a distance of 450 feet to an iron pin; thence run South 70° 45 minutes West and parallel with the South right-of-way of Alabama Highway No. 44 a distance of 600 feet to an iron pin; thence run North 11° 00 minutes West a distance of 450 feet to an iron pin situated on the South right-of-way of Alabama Highway No. 44; thence North 71° 00 minutes East and along the South right-of-way of said Alabama Highway No. 44 a distance of 440 feet to the point of beginning of the lands herein described.”
LESS AND EXCEPT: A tract of land containing 2.5 acres, more or less, lying in and being situated in the Northwest ¼ of Southeast ¼ of Section 18, Township 12 South, Range 12 West, Marion County, Alabama, more particularly described as follows, to-wit: “Beginning at the intersection of the South right-of-way of Alabama Highway No. 44 and the West boundary of the Northwest ¼ of Southeast ¼ of said Section 18; thence run North 70° 45 minutes East and along the South right-of-way of Alabama Highway No. 44 a distance of 30 feet to an iron pin, the point of beginning of the lands herein excepted; thence continue North 70° 45 minutes East and along the South right-of-way of Alabama Highway No. 44 a distance of 240 feet to an iron pin; thence run South 21° 45 minutes East a distance of 450 feet to an iron; thence run South 70° 45 minutes West a distance of 240 feet to an iron pin; thence run North 21° 45 minutes West a distance of 450 feet to the point of beginning of the lands herein excepted.” ALSO LESS AND EXCEPT: A tract of land containing 1 acre, more or less, situated in the Northeast ¼ of Southwest ¼ of Section 18, Township 12 South, Range 12 West, Marion County, Alabama, more particularly described as follows, to-wit: “Beginning at a concrete right of way marker (number P.O.C. 50) situated on the South right of way of Alabama Highway No. 44; thence run Westerly and along the South right-of-way of Alabama Highway No. 44 a distance of 305 feet to an iron pin, the point of beginning of the lands herein excepted: thence continue Westerly and along the South right-of-way of Alabama Highway No. 44 a distance of 135 feet to an iron pin; thence run South 11° 00 minutes East a distance of 325 feet to an iron pin; thence run Easterly and parallel with the South right-of-way of Alabama Highway No. 44 a distance of 135 feet to an iron pin; thence run Northerly a distance of 325 feet to the point of beginning of the lands herein excepted.” ALSO LESS AND EXCEPT: Commencing at the SW corner of the Northwest ¼ of Southeast ¼, Section 18, Township 12 South, Range 12 West, Marion County, Alabama, thence Northerly along the West line of said Northwest ¼ of Southeast ¼ a distance of 502 feet, more or less, to the point of beginning of the property herein to be excepted; said point of beginning being on a line which extends from a point that is 150 feet Southeasterly of and at right angles to the centerline of Alabama Highway No. 44 at Station 34+00 to a point that is 100 feet Southeasterly of and at right angles to the centerline of said highway at Station 38+00; thence Southwesterly along said line a distance of 30 feet, more or less, to said point that is 100 feet Southeasterly of and at right angles to the centerline of said highway at Station 38+00; thence Southwesterly along a line (which if extended would intersect a point that is 60 feet Southeasterly of and at right angles to the centerline of said highway at Station 40+00) a distance of 75 feet more or less, to the SW property line; thence Northwesterly along said Southwest property line a distance of 45 feet more or less, to the present Southeast right-of-way line of said highway; thence Northeasterly along said present Southeast right-of-way line a distance of 239 feet, more or less, to the Northeast property line; thence Southeasterly along said Northeast property line a distance of 78 feet, more or less to a point on a line which extends from a point that is 150 feet Southeasterly of and at right angles to the centerline of said highway at Station 34+00 to a point that is 100 feet Southeasterly of and at right angles to the centerline of said highway at Station 38+00; thence Southwesterly along said line a distance of 150 feet, more or less, to the point of beginning. Said strip of land lying in the Northwest ¼ of Southeast ¼ and the Northeast ¼ of Southwest ¼, Section 18, Township 12 South, Range 12 West, and containing 0.35 acres, more or less.
PARCEL II: A parcel of land located in the Northwest ¼ of the Southeast ¼ and the Northeast ¼ of the Southwest ¼ of Section 18, Township 12 South, Range 12 West, Marion County, Alabama, described as follows: Commence at the Northwest corner of the grantees 6 acre tract record of same in Volume 153, page 457, Probate Records of Marion County, Alabama, said Northwest corner being on the South boundary of County Highway #44 and point of beginning of this description; from said point of beginning run North 71° 00 minutes East, with said highway boundary, 135 feet to an open valley ditch; thence run South 11° 00 minutes East 325 feet; thence run South 71° 00 minutes West 135 feet; thence run North 11° 00 minutes West 325 feet to the point of beginning. LESS AND EXCEPT: Commence at the Southeast corner of the Northeast ¼ of Southwest ¼, Section 18, Township 12 South, Range 12 West, Marion County, Alabama; thence Northerly along the East line of said Northeast ¼ of Southwest ¼, a distance of 242 feet, more or less, to the Northeast property line; thence Northwesterly along said Northeast property line a distance of 270 feet, more or less, to the point of beginning of the property herein to be conveyed; said point of beginning being on a line which extends from a point that is 100 feet Southeasterly of and at right angles to the centerline of Alabama Highway No. 44 at Station 38+00 to a point that is 60 feet Southeasterly of and at right angles to the centerline of said highway at Station 40+00; thence Southwesterly along said line a distance of 134 feet, more or less, to said point that is 60 feet Southeasterly of and at right angles to the centerline of said highway at Station 40+00; thence Northwesterly along a line a distance of 21 feet, more or less, to the intersection of the present Southeast right of way line of said highway and the Southwest property line; thence Northeasterly along said present Southeast right of way line a distance of 139 feet, more or less, to the Northeast property line; thence Southeasterly along said Northeast property line a distance of 45 feet, more or less, to the point of beginning.
TRACT 2:
A lot located in the Southwest ¼ of Section 18, Township 12, Range 12 West, more fully described as follows: Beginning at the right of way post number PCC.50 on the South side of Marion County Highway No. 12 (also known as Alabama Highway No. 44), and run westerly a distance of 440 feet to a stake, at this point said property begins; thence South 225 feet; thence West 75 feet; thence North 225 feet; thence East 75 feet to the point of beginning. Said property being located in Marion County, Alabama.
TRACT 3:
A tract of land situated in the Northeast ¼ of the Southwest ¼ of Section 18, Township 12 South, Range 12 West, Marion County, Alabama and being more particularly described as follows: Commence at the Southwest corner of the Northeast ¼ of Southwest ¼ of Section 18, Township 12 South, Range 12 West and run North along the westerly boundary of said Northeast ¼ of Southwest ¼ a distance of 350.00 feet more or less to its intersection with the centerline of Alabama Highway Number 44; thence run North 79° 45 minutes East along the centerline of said Highway Number 44 a distance of 468.94 feet to the P. C. of a curve to the left (Station 40+28.30); thence continue in a northeasterly direction along the centerline of said Highway Number 44 and along the arc of said curve to the left a distance of 236.83 feet to a point; thence run South 12° 37 minutes East and radial to said curve to the left a distance of 40.00 feet to an iron pipe set on the southerly right of way of said Highway Number 44, said iron pipe being the point of beginning of the tract herein described to-wit; thence run in a northeasterly direction along the southerly right of way of said Highway Number 44 and along the arc of a curve to the left a distance of 300.00 feet to an iron pin set, said iron pin being situated 440.00 feet westerly from, and measured along the southerly right of way from P.O.C. Station 50+00; thence run South 21° 19 minutes East a distance of 225.00 feet to an iron pipe set; thence run South 75° 53 minutes West a distance of 300.00 feet to an iron pin set; thence run North 21° 19 minutes West a distance of 225.00 feet to the point of beginning.
TRACT 4:
Commencing at the Southeast corner of the SW ¼ of SE ¼, Section 18, Township 12 South, Range 12 West, Marion County, Alabama; thence run N. 01° 56' 27” W. along the East line of said SW ¼ of SE ¼ for a distance of 968.29 feet to the point of beginning. FROM SAID POINT OF BEGINNING run N. 88° 04' 52” E. for a distance of 207.85 feet; thence run N. 01° 56' 27” W. for a distance of 260.57 feet; thence run N. 24° 08' 18” E. for a distance of 94.82 feet to a concrete monument on the southerly right-of-way of Interstate 22 (right-of-way varies); thence run N. 68° 27' 54" W. along said southerly right-of-way for a distance of 369.46 feet to a concrete right-of-way monument; thence run N. 41° 43' 16” W. along said southerly right-of-way for a distance of 215.58 feet to a concrete right-of-way monument; thence run N. 51° 57' 45” W. along said southerly right-of-way for a distance of 312.12 feet; thence run N. 51° 58’ 49” W. along said southerly right-of-way for a distance of 237.83 feet to a concrete right-of-way monument located at said southerly right-of-way of Interstate 22 and the southerly right-of-way of Alabama Highway 44 (right-of-way varies); thence run N. 86° 15’ 23” W. along said southerly right-of-way for a distance of 100.31 feet to a concrete right-of-way monument; thence run S. 17° 42’ 01” E. along a yellow painted line for a distance of 348.84 feet to a one-half inch rebar and metal fence post; thence run S. 72° 37’ 49” W. along a yellow painted line for a distance of 239.93 feet to a one-half inch rebar; thence run S. 73° 42’ 16” W. along a yellow painted line for a distance of 357.40 feet to a metal fence post; thence run N. 17° 06’ 17” W. for a distance of 221.83 feet to a metal fence post; thence run S. 78° 41’ 57” W. along a yellow painted line for a distance of 311.02 feet to a one-half inch iron; thence run S. 81° 43’ 39” W. along a yellow painted line for a distance of 484.89 feet; thence run N. 19° 40’ 06” W. for a distance of 219.21 feet to said southerly right-of-way of Alabama Highway 44; thence run S. 82° 24’ 27” W. along said southerly right-of-way for a distance of 220.02 feet to a cross tie located at the intersection of said southerly right-of-way and the West line of the NE ¼ of SW ¼ of said Section 18; thence run S. 00° 32’ 04” W. along the West line of said NE ¼ of SW ¼ a distance of 226.74 feet to the southwest corner of said NE ¼ of SW ¼; thence run S. 00° 32’ 04” W. along the West line of the SE ¼ of SW ¼ for a distance of 603.85 feet; thence run N. 88° 04’ 52” E. for a distance of 2399.74 feet to the point of beginning. Said parcel containing 40.37 acres more or less and being in and a part of the East one-half (E1/2) of SW ¼ and the West one-half (W1/2) of SE ¼, Section 18, Township 12 South, Range 12 West, Marion County, Alabama.
LESS AND EXCEPT: Commencing at the Southeast corner of the SW ¼ of SE ¼, Section 18, Township 12 South, Range 12 West, Marion County, Alabama; thence run N. 01° 56' 27" W., along the East line of said SW ¼ of SE ¼ for a distance of 968.29 feet; thence run N. 88° 04' 52" E., for a distance of 207.85 feet; thence run N. 01° 56' 27" W., for a distance of 260.57 feet; thence run N. 24° 08' 18" E., for a distance of 94.82 feet to a concrete monument on the southerly right-of-way of Interstate 22 (right-of-way varies); thence run N. 68° 27' 54" W., along said southerly right-of-way for a distance of 369.46 feet to a concrete right-of-way monument; thence run N. 41° 43' 16" W., along said southerly right-of-way for a distance of 107.79 feet to the point of beginning. FROM SAID POINT OF BEGINNING continue N. 41° 43' 16" W., along said southerly right-of-way for a distance of 107.79 feet to a concrete right-of-way monument; thence run N. 51° 57' 45" W., along said southerly right-of-way for a distance of 312.12 feet; thence run S. 38° 02' 15" W., for a distance of 237.87 feet; thence run S. 59° 07' 39" W., for a distance of 120.00 feet to the northerly right-of-way of a Proposed Road (right-of-way varies); thence turn and run around a curve to the left with a radius of 280.00 feet and a chord bearing of S. 36° 17' 49" E., along said northerly right-of-way for an arc distance of 53.02 feet; thence run S. 41° 43' 16" E., along said northerly right-of-way for a distance of 302.53 feet to the intersection of said northerly right-of-way and the westerly right-of-way of a Proposed Road (right-of-way varies) ; thence run N. 48° 16' 44" E., along said westerly right-of-way for a distance of 243.48 feet; thence turn and run around a curve to the right defining the cul-de-sac right-of-way of said Proposed Road with a radius of 60.00 feet and a chord bearing of N. 69° 11' 02" E., for an arc distance of 144.71 feet; thence run N. 48° 16' 44" E., for a distance of 64.23 feet to the point of beginning. Said parcel being in and a part of the W ½ of SE ¼, Section 18, Township 12 South, Range 12 West, Marion County, Alabama.
LESS AND EXCEPT: Commencing at the Southeast corner of the SW ¼ of SE ¼, Section 18, Township 12 South, Range 12 West , Marion County, Alabama; thence run N. 01° 56' 27" W. along the East line of said SW ¼ of SE ¼ for a distance of 968.29 feet; thence run S. 88° 04' 52" W. for a distance of 736.12 feet; thence run N. 24° 58' 13" W. For a distance of 87.05 feet to the point of beginning. FROM SAID POINT OF BEGINNING, turn and run around a curve to the right with a radius of 465.00 feet and a chord bearing of N. 61° 54' 51" W. for an arc distance of 861.18 feet; thence run N. 08° 51' 29" W. for a distance of 484.45 feet to the southerly right-of-way of Alabama Highway 44 (right-of-way varies); thence run N. 81° 13' 12" E. along said southerly right-of-way for a distance of 80.00 feet; thence run S. 08° 51' 29" E. for a distance of 484.34 feet; thence run around a curve to the left with a radius of 385.00 feet and a chord bearing of S. 61° 54' 51" E. for an arc distance of 713.02 feet; thence run N. 65° 01' 47" E. for a distance of 311.30 feet; thence turn and run around a curve to the left with a radius of 560.00 feet and a chord bearing of N. 40° 36' 19" W. for an arc distance of 221.94 feet; thence run N. 51° 57' 34" W. for a distance of 131.70 feet; thence run around a curve to the right with a radius of 170.00 feet, and a chord bearing of N. 34° 39' 52" W. for an arc distance of 102.63 feet; thence run N. 17° 22' 11" W. for a distance of 9.79 feet; thence run N. 72° 37' 49" E. for a distance of 40.00 feet; thence run S. 17° 22' 11" E. for a distance of 9.79 feet; thence run around a curve to the left with a radius of 130.00 feet to a chord bearing of S. 24° 07' 16' E. for an arc distance of 30.64 feet; thence run N. 59° 07' 39" E. for a distance of 38.74 feet; thence turn and run around a curve to the left with radius of 280.00 feet and a chord bearing of S. 36° 17' 49" E. for an arc distance of 53.02 feet; thence run S. 41° 43' 16" E. for a distance of 302.53 feet; thence run N. 48° 16' 44" E. for a distance of 243.48 feet; thence turn and run around a curve to the right defining a cul-de-sac with a radius of 60.00 feet and a chord bearing of S. 64° 53' 06" E. for an arc distance of 240.90 feet; thence turn and run around a curve to the right with a radius of 140.00 feet and a chord bearing of S. 19° 00' 08" W. for an arc distance of 34.58 feet; thence run around a curve to the right with a radius of 440.00 feet and a chord bearing of S. 45° 33' 13" W. for an arc distance of 299.14 feet; thence run S. 65° 01' 47" W. for a distance of 352.75 feet to the point of beginning. Said parcel containing 4.61 acres, more or less, and being in and a part of the West one-half (W ½) of SE ¼ and the East one-half of the SW ¼, Section 18, Township 12 South, Range 12 West.
Said property will be sold on an "as is, where is" basis subject to any easements, encumbrances, and exceptions contained in said mortgage and those contained in the records of the Office of the Judge of Probate where the above-described property is situated. Said property will be sold 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. This sale is made for the purpose of paying the mortgage debt, cost and expense of foreclosure. This sale is subject to postponement or cancellation and you should contact Diane Haden Henderson prior to attendance.
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.
STATE BANK AND TRUST, AS MORTGAGEE
DIANE HADEN HENDERSON, Attorney for Mortgagee, P.O. Box 310, Winfield, Alabama 35594, (205) 487-4142
(6/4, 6/11, 6/18)
SMA
6/4, 6/11, 6/18
3,242