NOTICE OF FORECLOSURE
WHEREAS, default having been made in the terms of the mortgage and real estate note, executed on the 20th day of November, 2015 by DAVID WAYNE HOLBROOK AND JAMIE ELIZABETH HOLBROOK, husband and wife, as Mortgagor, in favor of LISTERHILL CREDIT UNION, as Mortgagee, original mortgage recorded in the Office of the Judge of Probate of MARION County, Alabama, in Instrument ID: 127034, Book: 2015, Page 4024 (14 pages) and said default continuing, the Mortgagee, under power of sale contained in said mortgage, will sell at public outcry, to the highest bidder for cash, on the courthouse steps preceding the main entrance to the MARION COUNTY COURTHOUSE, located in HAMILTON, Alabama, during the legal hours of sale (11am – 4pm, CST), on the 4th day of December, 2025, all of its rights, title, and interest in and to the following described real estate, situated in MARION County, Alabama, whose legal description is:
2.70 ac. located in the N 1/2 of SW 1/4 of SW 1/4 of Section 15, Twp. 10 South, Range 15 West, of Huntsville-Meridian in Marion County, Alabama, more particularly described as follows: Beginning at the SW corner of the N 1/2 of SW 1/4 of SW 1/4, running North along Section line 350 feet to right of way line of Highway No. 78, thence in a southeasterly direction with the right of way line 400 feet to an iron rod; thence South 238 feet to the South line of the N 1/2 of SW 1/4 of SW 1/4; thence West 400 feet to point of beginning being the same real estate which is described in the deed dated April 4, 1979 and recorded in the Marion County Probate Judge's Office in Deed Book 209, page 813. LESS AND EXCEPT: Commence at the Southwest corner of Section 15, Township 10 South, Range 15 West; thence Northerly along the West line of said Section 15 a distance of 910 feet, more or less, to a point that is 150 feet Southwesterly of and at right angles of the centerline of Project No. APD-471 (4) and the point of beginning of the property herein to be conveyed; thence continue Northerly along the West line of said Section 15, the West property line, a distance of 40 feet, more or less, to the present Southwest right of way of U.S. Highway No. 78; thence Southeasterly along said present Southwest right of way line a distance of 410 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 a point that is 150 feet Southwesterly of and at right angles to the centerline of said property; thence Northwesterly, parallel with the centerline of said project a distance of 418 feet, more or less, to the point of beginning. Said strip of land lying in the SW1/4 of SW1/4, Section 15, Township 10 South, Range 15 West, and containing 0.38 acres, more or less.
With a physical address of: 9714 County Hwy. 11, Hamilton, AL 35570 (Marion County, AL)
This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions contained in the records of the Office of the Judge of Probate of the County where the above-described property, or a substantial and material part thereof, is situated. This 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 foreclosing said mortgage and paying the mortgage debt, together with the costs and expenses associated with conducting said foreclosure, and including reasonable attorney's fees.
Mortgagee reserves the right to bid on the subject property, and to credit its purchase price against the indebtedness secured by this property, together with the costs and expenses associated with conducting said foreclosure, and including reasonable attorney's fees. Said mortgage is a first mortgage and is not junior to another mortgage of record. Said sale is subject to any unpaid taxes or assessments owed as of the date of foreclosure, whether or not of record.
/s/ Ryan E. Morgan, Esq., Attorney for Mortgagee, Kudulis, Reisinger, & Price, LLC, P.O. Box 653, Birmingham, AL 35201, 205-263-2798, rmorgan@krpfirms.com
DWH
10/22, 10/29, 11/5
676