Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 18, 1990, executed by Creola Whitson, a single person, to the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, which mortgage was recorded on January 18, 1990, in Book 282, Page 529, of the mortgage records in the Office of the Judge of Probate of Fayette County, Alabama, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Fayette County Courthouse at Fayette, Alabama, during the legal hours of sale on December 10, 2019, the following described real estate, situated in Fayette County, Alabama, to-wit:
Lot 8 of the Bruce Smith Subdivision as recorded in the Tax Assessors Records of Fayette County, Alabama and that part of the Northeast Quarter of the Northeast Quarter, Section 17, Township 16 South, Range 12 West, Fayette County, Alabama described as follows:
Commence at the Southeast corner of said Northeast Quarter of the Northeast Quarter for a point of beginning; thence North 6 degrees 22 minutes 58 seconds West along the East line thereof a distance of 283.60 feet to the South line of the Old Road leading to the Marion Williamson’s residence; thence South 20 degrees 15 minutes 25 seconds West a distance of 269.17 feet to the point of intersection of the South line of said Northeast of the Northeast with the East right-of-way of Cobb Avenue; thence Easterly along the South line of said Northeast of the Northeast to the Southeast Corner thereof and the point of beginning.
The above described tract together with the above described Lot 8 contains an area of 1 acre, more or less.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.
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 Stephens Millirons, P.C. at the time and place of sale. The balance of the purchase price must be paid in certified funds by noon on the second business day following the sale at the law firm of Stephens Millirons, P.C. at 120 Seven Cedars Drive, Huntsville, Alabama 35802. Stephens Millirons, P.C. reserves the right to award the bid to the next highest bidders should the highest bidder fail to timely tender the total amount due.
The United States of America, acting by and through the United States Department of Agriculture
Robert J. Wermuth/cls
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
The Times Record
November 6, 2019, November 13, 2019, November 20, 2019