Default having been made in the payment of the indebtedness described in and secured by the terms of that certain Mortgage executed by 11061 AL-129, LLC, an Alabama limited liability company, to ServisFirst Bank, dated August 15, 2022, and recorded on September 7, 2022, in Official Records Book 2022, at Page 12540, in the Office of the Judge of Probate of Marion County, Alabama; and said default continuing; and the undersigned holder of said mortgage having declared the entire indebtedness due and payable in accordance with the terms and conditions of said mortgage, notice is hereby given that the undersigned, ServisFirst Bank, will, under the terms of said mortgage, sell at public outcry for cash to the highest bidder in front of the Courthouse door of Marion County, Alabama, in Hamilton, Marion County, Alabama, during the legal hours of sale on Thursday, May 23, 2024, the following described property:
A tract of land situated in the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 1 and the Northeast 1/4 of Northwest 1/4 and the Northwest 1/4 of Northeast 1/4 of Section 12, all situated in Township 12 South, Range 12 West, Marion County, Alabama, and being more particularly described as follows: Commence at the Southwest corner of the above said Section 1 and run S. 89° 50 minutes 49 seconds E., along Southerly boundary of said Section 1 a distance of 3281.03 feet to the Southeast Corner of the West 1/2 of Southwest 1/4 of Southeast 1/4 of mentioned Section 1 to a point; thence run N. 01° 44 minutes 40 seconds W., along the Easterly boundary of said W 1/2 of SW 1/4 of SE 1/4 a distance of 407.91 feet to a 1/2 inch capped iron pin set on the Northerly right-of-way of Alabama Highway Number 129, said pin being the POINT OF BEGINNING of the tract herein described to-wit; thence continue N. 01° 44 minutes 40 seconds W., along the Easterly boundary of said W 1/2 of SW 1/4 of SE 1/4 and along the Westerly boundary of the H. K. Gilbert property as recorded in the Probate records of Marion County, Alabama, in volume of deeds 130 at page 535, a distance of 594.00 feet (9 chains), to a 1/2 inch capped iron pin set; thence run N. 11° 45 minutes 20 seconds E., and continue along the Westerly boundary of said Gilbert property a distance of 321.00 feet to a 1/2 inch capped iron pin set on the East bank of Little New River A/K/A Bostic Creek; thence run in a southwesterly direction, along the meandering of the East bank of said river a distance of 1965 feet, more or less, to its intersection with the Northerly right-of-way of the above said Alabama Highway Number 129 to a point; thence run in a Northeasterly direction along the arc of a curve to the left, along the Northerly right-of-way of said highway, (delta angle = 12° 23 minutes 23 seconds, radius = 3770.15 feet), a distance of 815.24 feet, to P.T. Station 418+04.0, to a point; thence continue along the Northerly right-of-way of said highway N. 49° 14 minutes 06 seconds E., a distance of 396.58 feet to the point of beginning. 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 Mortgagee 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; contact H. Samuel Prim, III at the phone number shown below prior to attendance at sale. Dated this the 10th day of April, 2024.
ServisFirst Bank:
BY: H. Samuel Prim, III
Prim & Mendheim, LLC
Attorney for Mortgagee
207 West Adams Street
Dothan, Alabama 36302 (334) 671-9555
SFb
April 17, 24,
may 1
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