STATE OF ALABAMA
COUNTY OF DEKALB
NOTICE OF MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage and security agreement executed by DANNY EWING and SARAH R. EWING, husband and wife, on the 5th day of January 2007, to VANDERBILT MORTGAGE AND FINANCE, INC., as recorded in Mortgage Book 1440, Page 35, in the office of the Probate Judge of DeKalb County, Alabama; VANDERBILT MORTGAGE AND FINANCE, INC., as Mortgagee, by reason of such default having declared all of the indebtedness secured by said mortgage and security agreement due and payable and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage and security agreement, and as authorized by Section 7-9A-604(a)(2) of the Code of Alabama of 1975 as amended, VANDERBILT MORTGAGE AND FINANCE, INC., as Mortgagee, will sell at public outcry, for cash to the highest bidder, in front of the Courthouse door, in the City of Fort Payne, DeKalb County, Alabama, during the legal hours of sale on October 11, 2018, the following described real and personal property situated in DeKalb County, Alabama, to-wit:
Commencing at the Northwest corner of the Northwest 1/4 of the Southwest 1/4 of Section 17, Township 6 South, Range 7 East of the Huntsville Meridian and run North 88 degree(s) 56 minute(s) East 709.90 feet to a point; thence run South 01 degree(s) 04 minute(s) East 310.00 feet to a point of beginning; thence run North 73 degree(s) 03 minute(s) East 213.69 feet to a point; thence run South 06 degree(s) 17 minute(s) East 190.00 feet to a point on the North right-of-way of County Road No. 38 (60’ right-of-way); thence run South 06 degree(s) 17 minute(s) East 190.00 feet to a point on the North right-of-way of County Road No. 38 the following calls and distances: South 55 degree(s) 54 minute(s) West 66.30 feet; South 65 degree(s) 31 minute(s) West 63.47 feet; South 77 degree(s) 32 minute(s) West 91.08 feet; thence leaving said right-of-way run North 06 degree(s) 17 minute(s) West 210.00 feet to the point of beginning.
Said parcel of land is lying in the Northwest 1/4 of the Southwest 1/4 of Section 17, Township 6 South, Range 7 East, in DeKalb County, Alabama.
INCLUDING a security interest in one (1) 2006 Clayton manufactured home, Serial No. CAP020127TNAB;
together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described.
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.
Said sale will be made subject to any existing Federal Tax Lien, if any, and/or Special Assessments, if any, which might adversely affect the title to the subject property.
Said sale will be made for the purpose of paying the indebtedness secured by the above-described mortgage, and the proceeds thereof will be applied as provided by the terms of the said mortgage. This sale is subject to postponement or cancellation; contact Margery Oglesby at the phone number shown below prior to attending the sale.
Robin E. Pate
Attorney for Vanderbilt Mortgage and Finance, Inc.
ROSEN HARWOOD, P.A.
2200 Jack Warner Pkwy Ste 200
P.O. Box 2727
Tuscaloosa, AL 35403
(205) 344-5000
Publish: September 20, 2018; September 27, 2018 and October 4, 2018.