WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a mortgage from SHANE L. BORDEN, UNMARRIED to DITECH FINANCIAL LLC, on the 15th day of January, 2020, said mortgage recorded in the Office of the Judge of Probate of Marion County, Alabama, on February 21, 2020, in Deed/Mortgage Book 2020, Page 604, Marion County, Alabama Records, said Mortgage having subsequently been transferred and assigned to U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank as Trustee, for Mid-State Trust X, by instrument recorded in the aforesaid Probate Office; notice is hereby given that the undersigned U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank as Trustee, for Mid-State Trust X, 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 at the west side of the Marion county courthouse located at 132 Military Street S., Hamilton, AL 35570 in Hamilton, Marion County, Alabama, on January 4, 2024, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Marion County, Alabama, to-wit:
COMMENCE AT THE SW CORNER OF THE SW 1/4 OF THE SE 1/4 OF SECTION 34, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA, A 2 INCH IRON PIPE FOUND; THENCE RUN SOUTH 89 DEGREES 00 MINUTES 15 SECONDS EAST, 119.11 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 01 DEGREES 16 MINUTES 07 SECONDS WEST, 479.68 FEET; THENCE RUN NORTH 42 DEGREES 39 MINUTES 12 SECONDS EAST, 54.76 FEET; THENCE RUN SOUTH 89 DEGREES 00 MINUTES 15 SECONDS EAST, 63.81 FEET; THENCE RUN SOUTH 53 DEGREES 22 MINUTES 02 SECONDS EAST, 540.64 FEET; THENCE RUN NORTH 88 DEGREES 15 MINUTES 49 SECONDS WEST, 370.00 FEET; THENCE RUN SOUTH 01 DEGREES 10 MINUTES 44 SECONDS WEST, 210.00 FEET; THENCE RUN NORTH 89 DEGREES 00 MINUTES 15 SECONDS WEST, 150.00 FEET TO THE POINT OF BEGINNING; SAID TRACT LIES IN THE SW 1/4 OF THE SE 1/4 OF SECTION 34, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA.
LESS AND EXCEPT:
A 30 FOOT WIDE EASEMENT FOR INGRESS, EGRESS, AND UTILITIES, SOUTH BOUNDARY BEING MORE PARTICULARLY DESCRIBED AS FOLLOW:
COMMENCING AT THE SE CORNER OF THE SE ¼ OF THE SE ¼ OF SECTION 34, TOWNSHIP 9 SOUTH, RANGE 11 WEST, MARION COUNTY, ALABAMA, BEING AT A FOUND RAILROAD SPIKE; THENCE N 85° 52` 29" W ALONG THE SOUTH BOUNDARY OF SAID SECTION 34 A DISTANCE OF 1317.32 FEET TO A FOUND ½" PIPE AT THE SE CORNER OF THE SW ¼ OF THE SE ¼; THENCE N 86° 47` 02" W A DISTANCE OF 791.29 FEET TO THE END OF PAVEMENT AND FOREST ROAD AND ALSO THE POINT OF BEGINNING AND SAID SOUTH BOUNDARY OF SAID 30 FOOT EASEMENT; THENCE S 74° 51` 33" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 11.96 FEET TO A POINT; THENCE S 61° 51` 49" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 86.73 FEET TO A POINT; THENCE N 77° 56` 44" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 83.74 FEET TO A POINT; THENCE N 33° 55` 13" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 112.52 FEET TO A POINT; THENCE N 11° 15` 22" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 107.79 FEET TO A POINT; THENCE N 07°58` 09"W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 42.10 FEET TO A POINT; THENCE N 06° 18` 53" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 104.68 FEET TO A POINT; THENCE N 17° 50` 09" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 81.51 FEET TO A POINT; THENCE N 22° 29` 39" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 82.80 FEET TO A POINT; THENCE N 14° 47` 14" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 91.00 FEET TO A POINT; THENCE N 31° 53` 06" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 71.02 FEET TO A POINT; THENCE N 75° 47` 15" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 55.73 FEET TO A POINT; THENCE S 88° 30` 27" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 119.30 FEET TO A POINT; THENCE N 81° 27` 00" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 103.52 FEET TO A POINT; THENCE N 69° 06` 22" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 87.60 FEET TO A POINT; THENCE N 56° 57` 09" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 88.24 FEET TO A POINT; THENCE N 73°, 00` 47" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 92.21 FEET TO A POINT; THENCE S 82° 08` 34" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 73.08 FEET TO A POINT; THENCE N 80° 10` 35" W ALONG THE SAID SOUTH BOUNDARY A DISTANCE OF 64.87 FEET TO A POINT; THENCE N 66° 25` 49" W ALONG THE SAID SOUTH BOUNDARY, A DISTANCE OF 81.54 FEET MORE OR LESS TO THE EAST BOUNDARY OF THAT PARCEL DESCRIBED IN DEED BOOK 558 PAGE 010 IN THE MARION COUNTY JUDGE OF PROBATE OFFICE IN HAMILTON, ALABAMA WHICH IS THE POINT OF TERMINUS OF SAID 30 FOOT WIDE EASEMENT.
THE DESCRIPTION FOR ABOVE EASEMENT TAKEN FROM THAT CERTAIN SURVEY, DATED 10/19/2021 BY JEFFREY P. WRIGHT, P.L.S. #34765.
Said legal description being controlling, however the property is more commonly known as 299 FOREST RD, HALEYVILLE, AL 35565.
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 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 in the county where the above-described property is situated. This property will be sold subject to the right of redemption of all parties entitled thereto and subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable). This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. 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.
U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, successor by merger to First Union National Bank as Trustee, for Mid-State Trust X, Mortgagee/Transferee
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin, LLC, Attorney for Mortgagee/Transferee
11 N. Water Street, Suite 10290, Mobile, AL 36602
Telephone Number: (877) 813-0992 Case No. SHP-23-05455-1
rlselaw.com/property-listing
SLB
Dec 6, 13, 20
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