POSTPONEMENT OF NOTICE OF
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by
Misty Brooks and Thadeus Brooks, wife and husband, to Mortgage Electronic Registration Systems, Inc., as
Mortgagee, as nomine , on January 14, 2014, said mortgage being recorded in the Office of the Judge of Probate of DeKalb County, Alabama, on February 3, 2014 at Book MTG 2043, at Page 8; WHEREAS, the aforesaid deed of
trust was subsequently modified on January 6, 2020, and said modification being recorded on February 11, 2020 at
Book MORTGAGE 5000, at Page 1758.Freedom Mortgage Corporation, the current holder, 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 DeKalb County Courthouse, in Fort Payne, Alabama, on March 28, 2024, during the legal hours
of sale, the following described real estate, situated in DeKalb County, Alabama, to-wit:
Beginning at the Northeast corner of the Southwest ¼ of the Southwest ¼ of Section 15, Township 8 South, Range 6 East; thence South 1 deg 30′ East 275.0 feet; thence South 66 deg 46′ East 117.0 feet to a point on the West right-of-way line of Highway No. 227; thence along said right-of-way line South 9 deg 50′ West 152 feet, more or less, to Macedonia Branch; thence in a Southwest direction along said branch 490 feet, more or less; thence North 1 deg 30′ West 669 feet, more or less, to the North line of said forty; thence along said North line North 88 deg 30′ East 335.0 feet to the point of beginning, containing 5.4 acres, more or less, and being a portion of the South half of the Southwest ¼ of Section 15, Township 8 South, Range 6 East in Dekalb County, Alabama. (B12530;tm)
TOGETHER WITH AND SUBJECT TO: A 12′ Easement for Ingress and Egress the North line of which is described as follows:
Beginning at the point where the North line of the SE ¼ of the SW ¼ of Section 15, Township 8 South, Range 6 East of the Huntsville Meridian in Dekalb County, Alabama intersects the West right-of-way of Alabama Hwy #227; thence from the point of beginning, running South 88 deg 30’00” West along the North line of said forty; thence continue along the North line of the SW ¼ of the SW ¼ of said Section 15 for a distance of 330.00 feet, being the end point of said line. Said Easement being in the SW ¼ of the SW ¼ and in the SE ¼ of the SW ¼ of Section 15, Township 8 South, Range 6 East of the Huntsville Meridian in Dekalb County, Alabama. The Easement described above is the same Easement as described in that certain deed recorded in Deed Book 238 Page 338 of the Probate Office of Dekalb County, Alabama and as also referenced to in that certain deed recorded in Deed Book 303 Page 226 in the Probate Office of Marshall County, Alabama. This Easement is limited in use so that Michael Charles or his successors or assigns may not use the Easement to subdivide his property into parcels of less than 3 acres.
SUBJECT TO: A 12′ Easement in the SW ¼ of the SW ¼ of Section 15, Township 8 South, Range 3 East for Ingress and Egress described as follows: Coming at the NE corner of said SW ¼ of the SW ¼; thence South 88 deg 30′ 00″ West 318.00 feet; thence South 12′ to the Point of Beginning; thence South 88 deg 30′ 00″ West 12′ to the East line of that certain 12.84 acre tract being conveyed to Michael Charles; thence South a distance of 12 feet along the East line of said 12.84 acre tract; thence North 88 deg 30′ 00″ East a distance of 12 feet; thence North a distance of 12 feet to the point of beginning.
This Property will be sold on as “as is, where is” basis, 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 part of the foreclosure process. This sale is made
for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The
successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins &
Mann, P.C.. Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank
official check payable to Halliday, Watkins & Mann, P.C.. Halliday, Watkins & Mann, 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. If sale is voided,
Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO May 9, 2024 AT THE TIME AND PLACE SET FORTH ABOVE.
Freedom Mortgage Corporation (“Transferee”)
Halliday, Watkins & Mann, P.C.
244 Inverness Center Drive
Birmingham, AL 35242
Phone: (801) 355-2886
Publish: March 28, 2024.
Mountain Valley News