Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Barry Clark and Terrie Clark, originally in favor of American General Financial Services of Alabama, Inc., on the 4th day of June, 2008, said mortgage recorded in the Office of the Judge of Probate of Fayette County, Alabama, in Mortgage Book 2008 Page 2862; the undersigned DLJ Mortgage Capital, Inc, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Fayette, Fayette County, Alabama, on April 11, 2018, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Fayette County, Alabama, to-wit:
Begin at the Northeast corner of Lot 8 and run in a Northwesterly direction along the North line of Lot 8 for a distance of 100 feet to the Point of Beginning; thence continue on the same line for a distance of 157.0 feet to a point; thence deflect an angle to the left of 90 degrees 42 minutes for a distance of 191.36 feet to a point; thence deflect an angle to the left of 89 degrees 18 minutes for a distance of 31.0 feet to a point; thence deflect an angle to the right of 89 degrees 34 minutes for a distance of 105.0 feet to a point; thence deflect an angle to the left of 89 degrees 34 minutes for a distance of 163.5 feet to a point on the North right-of-way of Highway Number 18; thence deflect an angle to the left of 79 degrees 42 minutes for a distance of 250.25 feet to a point; thence deflect an angle to the left 100 degrees 18 minutes for a distance of 100 feet to a point; thence deflect an angle to the right of 100 degrees 18 minutes for a distance of 50 feet to the Point of Beginning. Also: A part of Lot 8 according to the Finnell Survey of the Town of Berry, Alabama, a Map or Plat of which is recorded in the Office of Judge of Probate of Fayette County, Alabama. The said Lot formerly was known as part of the Jeffries Addition to said Town of Berry, and more particularly described as follows: Beginning at Northeast corner of Lot 8 running West 264 feet to an iron stake being the Point of Beginning; thence running South 190 feet 3 inches; thence West 172 feet to an iron stake; thence North 190 feet 3 inches to an iron stake; thence East 172 feet to the Point of Beginning. Situated, lying and being within Fayette County, Alabama.
Property street address for informational purposes: 18655 Hwy 18 E, Berry, AL 35546
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 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.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.
The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation.
DLJ Mortgage Capital, Inc,
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee