Default having being made in the payment of the indebtedness secured by that certain mortgage dated January 22, 2007 executed by Ryan K. McCarley, an unmarried person, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for M & T Bank, said Mortgage being recorded January 29, 2007, in Book 1028, Page 0158, in the Office of the Judge of Probate of Marion County, Alabama; having later been assigned to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust by instrument recorded in Book 2024, Page 1249, in the Office of the Judge of Probate of Marion County, Alabama. Said default continues and notice is hereby given that the undersigned, U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust, 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 main entrance to the County Courthouse, Marion County, Alabama on 06/14/2024, during the legal hours of sale, the following described real estate situated in Marion County, Alabama, to-wit:
A tract of land situated in the NW 1/4 of SW 1/4 of Section 3, Township 11 South, Range 13 West, Marion County, Alabama, more particularly described as follows, to-wit: Beginning at a point located 420 feet East of the Southwest corner of said NW 1/4 of SW 1/4; thence run East, along the South boundary of said NW 1/4 of SW 1/4, a distance of 158 feet; thence run North 16 deg 00 minutes East a distance of 400 feet; thence run North 28 deg 15 minutes West a distance of 130 feet to a point located on the South side of a paved county road; thence run South 78 deg 30 minutes West, along the South side of said county road, a distance of 210 feet; thence run South 57 deg 00 minutes West, continuing along the South side of said county road, a distance of 256 feet; thence run South, parallel with the West boundary of said NW 1/4 of SW 1/4, a distance of 100 feet; thence run East, parallel with the South boundary of said NW 1/4 of SW 1/4, a distance of 210 feet; thence run South, parallel with the West boundary of said NW 1/4 of SW 1/4, a distance of 210 feet to the point of beginning of the tract of land herein described.
For informational purposes only, the property address is: 781 Mills Road, Hamilton, AL 35570. Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.
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, EXPRESS 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 mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.
U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCAF Acquisition Trust
Paul K. Lavelle, Esq.
Attorney for Mortgagee
Spina, & Lavelle, P.C.
One Perimeter Park South-Suite 400N
Birmingham, Alabama 35243
(205) 298-1800
37-FC-24-01135
RKM
May 8, 15, 22
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