NOTICE OF MORTGAGE FORECLOSURE
WHEREAS, default has been made in the terms of the mortgage executed on the 10th day of July 2012, by Jerry Clement, as mortgagor in favor of B. J. Mitchell or his wife, Shirley Mitchell, as mortgagee, as recorded in the Office of the Judge of Probate of DeKalb County, Alabama, as recorded in MTG 1787 , Page 249, and said default continuing, the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the DeKalb County Courthouse in Fort Payne, Alabama, during legal hours of sale on the 26th day of June 2023, the following described real estate embraces in said mortgage, situated in DeKalb County, Alabama, to wit:
Commence at an iron pin set with cap (PLS#11568) that replaces a stone with nail that was found in August of 2005 and shown on Plat of Survey by Phillips Engineering, Inc., for Stephen W. Davis and Iris P. Davis bearing the date of August 19, 2005 marking the northwest corner of Section 24, Township 6 South, Range 7 East of the Huntsville Meridian and proceed North 88 deg. 16’00” East for a distance of 256.80 feet to an existing one-half (1/2) inch rebar; thence proceed South 01 deg. 13’00”West for a distance of 115.68 feet to an iron pin encased in concrete; thence continue South 01 deg. 13’00” West for a distance of 36.55 feet to an iron pin set with cap (PLS#11568), said point being the point of beginning; thence continue South 01 deg. 13’00” West for a distance of 146.29 feet to an iron pin set with cap (PLS#11568) on the North right of way boundary of Alabama Highway No. 35 (ROW width varies-Project NHF- 436(31)), said point is located South 63 deg. 46’20” East at a distance of 250.64 feet from an existing six (6) inch by six (6) inch concrete monument located at Station 713+00; thence proceed South 63 deg. 46’20” East along the North ROW boundary of Alabama Highway No. 35 for a distance of 69.52 feet to an existing six (6) inch by six (6) inch concrete monument at P.C. Station 716+19.88; thence continue with said ROW boundary along a curve to the right with a radius of 3127.48 feet, an arc length of 142.28 feet and a chord of South 62 deg. 27’34” East for a chord distance of 142.47 feet to an iron pin set with cap (PLS#11568), said point is located North 13 deg. 23’45” East at a distance of 4.82 feet from an existing one-half (1/2) inch rebar; thence leaving said ROW boundary, proceed North 13 deg. 23’45” East for a distance of 158.72 feet to an existing one-half (1/2) inch iron pin; thence proceed North 02 deg. 20’50” East for a distance of 95.60 feet to an iron pin set with cap (PLS#11568); thence proceed South 88 deg. 12’35” West for a distance of 226.38 feet to the point of beginning.
Said parcel of land lying in the Northwest Quarter (NW ¼) of the Northwest Quarter (NW ¼) of Section 24, Township 6 South, Range 7 East, City of Rainsville, DeKalb County, Alabama and containing 1.00 acre, more or less.
Subject to and easement for ingress, egress and utilities 25 feet in width lying along, adjacent to and East of the West line of the above tract extending North from the Northerly ROW line of Alabama Highway No. 35 to the North line of the above tract, which easement is reserved for the Grantor, their heirs, successors and assigns.
Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee.
Mortgagee reserves the right to bid on the subject property. Said mortgage is a first mortgage and is not junior to another mortgage of record. Said sale is also subject to unpaid taxes or assessments whether of record or not.
JEFF MCCURDY
Attorney for Mortgagee, Shirley Mitchell
17326 Broad St.
Henagar, AL 35978
256-996-8701
Publish: June 1, June 8 and June 15, 2023.