STATE OF
ALABAMA
COUNTY OF
MARION AND WINSTON
WHEREAS, default has occurred in the performance of the covenants terms and conditions of that mortgage from Hubert Earl Langston, III and Ethelwyn Haley Dobbs Langston, a married person; an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated December 20, 2010 and recorded in the Office of the Judge of Probate of Winston County, Alabama on December 22, 2010, in Mortgage Volume 553 at Page 229; and
ALSO, that certain Mortgage from Hubert Earl Langston, III and Ethelwyn Haley Dobbs Langston, a married person; an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated December 20, 2010 and recorded in the Office of the Judge of Probate of Marion County, Alabama on January 5, 2011, in Mortgage Volume 2011 at Page 26; and
ALSO, that certain Mortgage from Hubert Earl Langston, III and Ethelwyn Haley Dobbs Langston aka Ethelwyn Dobbs Langston, a married person; an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated December 7, 2012 and recorded in the Office of the Judge of Probate of Winston County, Alabama on December 12, 2012, in Mortgage Volume 573 at Page 177; and
ALSO, that certain Commercial Real Estate Mortgage from Hubert Earl Langston, III, a married person and Ethelwyn Haley Dobbs Langston, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated February 20, 2015 and recorded in the Office of the Judge of Probate of Winston County, Alabama on February 24, 2015, in Mortgage Volume 595 at Page 325; and
ALSO, that certain Commercial Real Estate Mortgage from Hubert Earl Langston, III, a married person and Ethelwyn Haley Dobbs Langston, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated February 20, 2015 and recorded in the Office of the Judge of Probate of Marion County, Alabama on March 4, 2015, in Mortgage Volume 2015 at Page 704; and
ALSO, that certain Commercial Real Estate Mortgage from Hubert Earl Langston, III, a married person and Ethelwyn Haley Dobbs Langston, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated November 6, 2017 and recorded in the Office of the Judge of Probate of Winston County, Alabama on November 9, 2017, in Mortgage Volume 622 at Page 851; and
ALSO, that certain Commercial Real Estate Mortgage from Hubert Earl Langston, III, a married person and Ethelwyn Haley Dobbs Langston, an unmarried person, to BankFirst Financial Services, successor by merger to Traders and Farmers Bank, dated November 6, 2017 and recorded in the Office of the Judge of Probate of Marion County, Alabama on November 14, 2017, in Mortgage Volume 2017 at Page 4058; 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 Double Springs, Winston County, Alabama during the legal hours of sale (between 11 a.m. and 4 p.m.) on the 29th day of June, 2023, the following property, situated in Marion and Winston Counties, 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:
PARCEL ONE:
A TRACT OF LAND SITUATED IN THE NE ¼ AND IN THE N ½ OF SE ¼, ALL IN SECTION 27, TOWNSHIP 11 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: “BEGINNING AT THE SW CORNER OF THE N ½ OF SE ¼ OF SAID SECTION 27, WHICH SAID CORNER IS A CONCRETE MONUMENT; THENCE RUN NORTH 01 DEGREE 02 MINUTES 50 SECONDS WEST, ALONG THE WEST BOUNDARY OF THE NW ¼ OF SE ¼ OF SAID SECTION 27 AND ALONG THE WEST BOUNDARY OF THE W ½ OF NE ¼ OF SAID SECTION 27, A TOTAL DISTANCE OF 2991.29 TO AN IRON PIN; THENCE RUN SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 525.00 FEET TO THE WEST RIGHT-OF-WAY OF CROOKED CREEK ROAD; THENCE RUN SOUTHERLY AND THENCE RUN EASTERLY, ALONG THE SOUTHERLY RIGHT-OF-WAY OF CROOKED CREEK ROAD TO ITS INTERSECTION WITH THE EAST BOUNDARY OF THE NE ¼ OF NE ¼ OF SAID SECTION 27; THENCE RUN SOUTH 00 DEGREES 57 MINUTES 31 SECONDS WEST, ALONG THE EAST BOUNDARY OF THE E ½ OF NE ¼ OF SAID SECTION 27 AND ALONG THE EAST BOUNDARY OF THE NE ¼ OF SE ¼ OF SAID SECTION 27, AN APPROXIMATE DISTANCE OF 3000 FEET TO AN IRON PIN, THE SE CORNER OF SAID NE ¼ OF SE ¼; THENCE RUN NORTH 87 DEGREES 39 MINUTES 27 SECONDS WEST, ALONG THE SOUTH BOUNDARY OF THE N ½ OF SE ¼ OF SAID SECTION 27, A DISTANCE OF 2615.20 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED;” LESS AND EXCEPT ALL MINERALS, INCLUDING OIL AND GAS, TOGETHER WITH THE USUAL MINING RIGHTS AND PRIVILEGES, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND CONTAINING 10.00 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: “COMMENCING AT THE NE CORNER OF THE SW ¼ OF NE ¼ OF SAID SECTION 27; THENCE RUN SOUTH 00 DEGREES 27 MINUTES 13 SECONDS WEST A DISTANCE OF 440 FEET; THENCE RUN NORTH 87 DEGREES 12 MINUTES 55 SECONDS WEST A DISTANCE OF 165 FEET TO AN IRON PIN, THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED IN THIS EXCEPTION; THENCE RUN SOUTH 00 DEGREES 27 MINUTES 13 SECONDS WEST A DISTANCE OF 210.00 FEET TO AN IRON PIN; THENCE RUN NORTH 87 DEGREES 12 MINUTES 55 SECONDS WEST A DISTANCE OF 210.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 00 DEGREES 27 MINUTES 13 SECONDS WEST A DISTANCE OF 210.00 FEET TO AN IRON PIN; THENCE RUN SOUTH 00 DEGREES 27 MINUTES 13 SECONDS WEST A DISTANCE OF 210.00 FEET TO AN IRON PIN; THENCE RUN NORTH 87 DEGREES 12 MINUTES 55 SECONDS WEST A DISTANCE OF 220.00 FEET TO AN IRON PIN; THENCE RUN NORTH 00 DEGREES 27 MINUTES 13 SECONDS EAST A DISTANCE OF 341.71 FEET TO AN IRON PIN; THENCE RUN NORTH 60 DEGREES 19 MINUTES 35 SECONDS WEST A DISTANCE OF 482.71 FEET; THENCE RUN NORTH 43 DEGREES 16 MINUTES 26 SECONDS EAST A DISTANCE OF 491.85 FEET TO AN IRON PIN LOCATED ON THE WESTERLY RIGHT-OF-WAY OF THE CROOKED CREEK ROAD; THENCE RUN SOUTH AND EASTERLY, ALONG SAID RIGHT-OF-WAY OF CROOKED CREEK ROAD, THE FOLLOWING BEARINGS AND DISTANCES; SOUTH 20 DEGREES 06 MINUTES 28 SECONDS EAST A DISTANCE OF 126.75 FEET, SOUTH 26 DEGREES 58 MINUTES 26 SECONDS EAST A DISTANCE OF 84.04 FEET, SOUTH 56 DEGREES 23 MINUTES 47 SECONDS EAST A DISTANCE OF 87.53 FEET, NORTH 89 DEGREES 12 MINUTES 34 SECONDS EAST A DISTANCE OF 88.99 FEET, NORTH 73 DEGREES 11 MINUTES 53 SECONDS EAST A DISTANCE OF 71.27 FEET, NORTH 66 DEGREES 28 MINUTES 24 SECONDS EAST A DISTANCE OF 74.40 FEET, AND NORTH 72 DEGREES 44 MINUTES 22 SECONDS EAST A DISTANCE OF 68.03 FEET TO AN IRON PIN; THENCE CONTINUE EASTERLY, ALONG THE SOUTH RIGHT-OF-WAY OF SAID ROAD A DISTANCE OF APPROXIMATELY 210.50 FEET TO A POINT LOCATED NORTH 21 DEGREES 38 MINUTES 38 SECONDS EAST OF THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED IN THIS EXCEPTION; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY RUN SOUTH 21 DEGREES 38 MINUTES 38 SECONDS WEST AN APPROXIMATE DISTANCE OF 389.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED IN THIS EXCEPTION.
PARCEL TWO:
TRACT ONE:
LOT 25 AND 26 IN BLOCK 3 AND THE SOUTH 30 FEET OF LOT 31 AND THE SOUTH 30 FEET OF LOT 32, ALL IN BLOCK 3, TOWN OF HALEYVILLE, ACCORDING TO THE MAP OF SAID TOWN WHICH IS RECORDED IN DEED BOOK 13, AT PAGE 398, IN THE OFFICE OF THE PROBATE JUDGE OF WINSTON COUNTY, ALABAMA. THE CONVEYANCE INCLUDES THE HALEY BUILDING AND THE PROPERTY IS IDENTIFIED AS 908 20TH STREET, HALEYVILLE, ALABAMA; AND TAX PARCEL NUMBER 67-05-09-31-4-202-007.000.
TRACT TWO:
A PARCEL OF LAND LYING AND BEING SITUATED IN THE NW¼-SE¼ AND SW¼-NE¼ OF SECTION 31, TOWNSHIP 9 SOUTH, RANGE 10 WEST, WINSTON COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A 1 INCH SQUARE STEEL TUBE AND ROCK MARKING THE SE CORNER OF SECTION 31 AND RUN THENCE NORTH 03 DEGREES 18 MINUTES 47 SECONDS WEST ALONG THE EAST BOUNDARY OF SECTION 31 A DISTANCE OF 2760.77 FEET; RUN THENCE SOUTH 786 DEGREES 41 MINUTES 134 SECONDS WEST A DISTANCE OF 1858.18 FEET; RUN THENCE SOUTH 780 DEGREES 13 MINUTES 51 SECONDS WEST A DISTANCE OF 42.30 FEET TO THE POINT OF BEGINNING; RUN THENCE SOUTH 05 DEGREES 55 MINUTES 39 SECONDS WEST A DISTANCE OF 120.00 FEET; RUN THENCE SOUTH 78 DEGREES 30 MINUTES 55 SECONDS WEST A DISTANCE OF 17.10 FEET; RUN THENCE NORTH 04 DEGREES 05 MINUTES 11 SECONDS EAST A DISTANCE OF 120.28 FEET; RUN THENCE NORTH 80 DEGREES 13 MINUTES 51 SECONDS EAST A DISTANCE OF 20.72 FEET TO THE POINT OF BEGINNING. SAID LANDS BEING A PART OF LOT 27 OF THE STEELE SURVEY AS RECORDED IN GENERAL DEED VOLUME 1 PAGE 61 IN THE OFFICE OF THE JUDGE OF PROBATE OF WINSTON COUNTY, ALABAMA.
PARCEL THREE:
COMMENCING AT A POINT ON THE WEST SIDE OF BOUNDARY LINE OF AN EXTENSION OF DAVIS STREET (NOW CALLED 9TH AVENUE) WHICH SAID POINT IS 110 YARDS NORTH OF THE SOUTH BOUNDARY LINE OF THE NW ¼ OF THE NE ¼, SECTION 31, TOWNSHIP 9, RANGE 10 WEST (THIS POINT IS SUPPOSED TO BE THE NE CORNER OF LOT NO. 2, BLOCK NO. 2 OF A.W. MOORE DIVISION OF PLAT OF TOWN OF HALEYVILLE, THERE BEING A PINE KNOT TO REPRESENT SAME.); THENCE NORTH 110 FEET ALONG THE WEST BOUNDARY LINE OF SAID DAVIS STREET (NOW CALLED 9TH AVENUE); THENCE WEST A DISTANCE OF 652 ½ FEET; THENCE SOUTH A DISTANCE OF 110 FEET; THENCE EAST A DISTANCE OF 652 ½ FEET TO POINT OF BEGINNING.
PARCEL FOUR:
BEGINNING AT A POINT ON THE NORTH SIDE OF 24TH STREET WHERE THE SOUTHEAST CORNER OF THE H.A. BARKER LOT TOUCHES SAME AND FROM THAT POINT RUNNING EAST PARALLEL WITH 24TH STREET, A DISTANCE OF 160 FEET TO 14TH AVENUE OR DODD ROAD; THENCE NORTH ALONG THE WEST BOUNDARY OF THE SAID 14TH AVENUE OR DODD ROAD, A DISTANCE OF 360 FEET, MORE OR LESS, OR TO A POINT EVEN WITH THE NORTH LINE OF THE H.A. BARKER PROPERTY; THENCE WEST PARALLEL WITH 24TH STREET A DISTANCE OF 160 FEET; THENCE SOUTH PARALLEL WITH 14TH AVENUE OR DODD ROAD A DISTANCE OF 360 FEET MORE OR LESS TO THE POINT OF BEGINNING.
THE FOREGOING REAL ESTATE IS SITUATED AND LYING IN THE NW ¼ OF NW ¼, SEC. 32, TP.9, RANGE 10, WEST. HALEYVILLE, WINSTON COUNTY, STATE OF ALABAMA.
LESS AND EXCEPT:
A PARCEL OF LAND LYING AND BEING SITUATED IN THE NW ¼-NW ¼ OF S-32, T-9-S, R-9-W, WINSTON COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A 2 INCH CAPPED ALUMINUM MONUMENT MARKING THE NW CORNER OF S-32 AND RUN THENCE S-03° 18’ 47”-E ALONG THE WEST BOUNDARY OF S-32, 942.75 FEET; RUN THENCE N-89° 40’ 32”-W 127.90 FEET TO A 5/8 INCH CAPPED IRON; RUN THENCE N-89° 40’ 01”-E 150.00 FEET TO A 5/8 INCH CAPPED IRON ON THE WEST RIGHT OF WAY OF 15TH AVENUE; RUN THENCE S-03° 41’ 32”-E ALONG THE WEST RIGHT OF WAY OF 15TH AVENUE 127.90 FEET TO A 5/8 INCH CAPPED IRON AT THE INTERSECTION OF 25TH STREET; RUN THENCE S-89° 40’ 01”-W ALONG THE NORTH RIGHT OF WAY OF 25TH STREET 150.00 FEET TO THE POINT OF BEGINNING.
Also known as the following addressed and Parcel IDs:
Crooked Creek Road, Winfield, Alabama 35594
Parcel ID: 49-13-08-27-0-000-001.003
908 20th Street, Haleyville, Alabama 35565
Parcel ID: 67-05-09-31-4-202-007.000
2400 9th Avenue, Haleyville, Alabama 35565
Parcel ID: 67-05-09-31-1-201-037.000
2504 15th Avenue, Haleyville, Alabama 35565
Parcel ID: 67-05-09-32-2-201-027.002
2508 15th Avenue, Haleyville, Alabama 35565
Parcel ID: 67-05-09-32-2-201-027.002
2512 15th Avenue, Haleyville, Alabama 35565
Said legal description being controlling, however the property is more commonly known as County Road 385 and County Road 59, Nauvoo, Alabama; Parcel ID 67-14-08-33-0-000-010.000; 67-17-05-16-0-000-032.000; 67-14-08-33-0-00-023.002.
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
HEL
June 7,14,21
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