• MORTGAGE FORECLOSURE SALE De...

MORTGAGE FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated July 23, 2004 executed by Carroll Isbell, single, in favor of Jim Walter Homes, Inc., said Mortgage being recorded September 7, 2004, in Book 2004, Page 49931 in the Office of the Judge of Probate of St. Clair County, Alabama; assigned to U.S. Bank, N.A., as trustee for Mid-State Capital Corporation 2005-1 by instrument recorded in the Office of the Judge of Probate of St. Clair County, Alabama. Said default continues and notice is hereby given that the undersigned, U.S. Bank, N.A., as trustee for Mid-State Capital Corporation 2005-1 by Ditech Financial LLC, as servicer with delegated authority, 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, St. Clair County, Ashville Division, Alabama on 12/06/2017, during the legal hours of sale, the following described real estate situated in St. Clair County, Ashville Division, Alabama, to-wit:

Commencing at the Northwest corner of Section 11, Township 15 South, Range 3 East: thence South 02 degrees 33 minutes West along the West line of said Section, a distance of 308.92 feet to an iron pin, said pin being the Point of Beginning of the herein described parcel: thence continue South 02 degrees 33 minutes West along said West line, a distance of 466.68 feet to an iron pin: thence South 87 degrees 24 minutes East, a distance of 466.69 feet to an iron pin: thence North 02 degrees 33 minutes East, a distance of 466.68 feet to an iron pin: thence North 87 degrees 24 minutes West a distance of 466.69 feet to the Point of Beginning of the above described parcel. Said parcel contains 5.00 Acres more or less.
A 30' (THIRTY-FOOT) WIDE INGRESS AND EGRESS ROAD EASEMENT NO. 1
A 30' (thirty-foot) wide ingress and egress road easement no. 1 located in the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 15 South, Range 3 East, St. Clair County, Alabama, being more particularly described as follows:
Commencing at the Northeast corner of the above described parcel: thence South 02 degrees 36 minutes West, a distance of 36.29 feet to a point, said point being the Point of Beginning of the centerline of the herein described 30' (thirty-foot) wide ingress and egress road easement no. 1: thence North 88 degrees 24 minutes East, a distance of 58.58 feet: thence South 23 degrees 35 minutes East, a distance of 38.48 feet thence South 11 degrees 57 minutes West, a distance of 8.65 feet: thence South 45 degrees 32 minutes West, a distance of 22.89 feet: thence South 51 degrees 03 minutes West, a distance of 79.22 feet thence South 00 degrees 08 minutes West, a distance of 213.61 feet: thence South 06 degrees 59 minutes West, a distance of 78.90 feet: thence South 25 degrees 08 minutes East, a distance of 71.44 feet: thence South 32 degrees 52 minutes East, a distance of 44.44 feet; thence South 37 degrees 17 minutes East, a distance of 93.93 feet; thence South 12 degrees 36 minutes West, a distance of 93.96 feet; thence South 00 degrees 47 minutes East, a distance of 30.35 feet; thence South 15 degrees 41 minutes West, a distance of 45.30 feet to a point on the North line of a 5.00 Acre Tract, said point being the Point of Ending of the centerline of the above described 30' wide ingress and egress road easement no. 1 and the Point of Beginning of the centerline of Easement No.2.
A 30' (THIRTY-FOOT) WIDE INGRESS AND EGRESS ROAD EASEMENT NO. 2
A 30' (thirty-foot) wide ingress and egress road easement no. 2 located in the West 1/2 (one-half) of the Northwest 1/4 of Section 11, Township 15 South, Range 3 East, St Clair County, Alabama, being more particularly described as follows:
Begin the centerline of the herein described 30' (thirty-foot) wide ingress and egress road easement no. 2 at the Point of Ending of the centerline of the above described Easement No. 1 which is on the North line of a 5.00 Acre Tract thence South 15 degrees 41 minutes West, a distance of 93.13 feet; thence South 37 degrees 00 minutes West, a distance of 82.44 feet: thence South 34 degrees 15 minutes West, a distance of 53.81 feet: thence South 26 degrees 22 minutes West a distance of 54.79 feet, thence South 12 degrees 26 minutes West, a distance of 85.08 feet; thence South 12 degrees 00 minutes East, a distance of 137.78 feet to a point on the South line of said 5.00 Acre Tract, said point being the Point of Ending of the centerline of the above described 30' wide ingress and egress road easement no. 2 and the Point of Beginning of Easement No 3.
A 30' (THIRTY-FOOT) WIDE INGRESS AND EGRESS ROAD EASEMENT NO. 3
A 30' (thirty-font) wide ingress and egress road Easement no. 3 located in the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 15 South, Range 3 East, St. Clair County, Alabama, being more particularly described as follows:
Begin the centerline of the herein described 30' (thirty-foot) wide ingress and egress road Easement no. 3 at the Point of Ending of the centerline of the above described Easement No. 2 which is on the South line of said 5.00 Acre Tract; thence South 12 degrees 00 minutes East, a distance of 87.79 feet: thence South 09 degrees 00 minutes East, a distance of 104.41 feet to a point on the South line of the 45.09 Acre Tract recorded in Deed Book 213, Page 83, in the Judge of Probate Office, St. Clair County, Alabama. Said point being the Point of Ending of the centerline of the above described 30' wide ingress and egress road easement no. 3 and the Point of Ending of the centerline of Easement No. 4, previously recorded in Deed Book 213, Page 85, in the Judge of Probate Office, St. Clair County, Alabama.
A 30' (THIRTY-FOOT) WIDE INGRESS AND EGRESS ROAD EASEMENT NO, 4
From an iron at the Southeast corner of the West 1/2 (one-half) of the Northwest 1/4 of Section 11, Township 15 South, Range 3 East, St. Clair County, Alabama, go North 87 degrees 21 minutes 24 seconds West, a distance of 830.00 feet to an iron pin: thence North 03 degrees 15 minutes 28 seconds East, a distance of 72.68 feet to an iron on the Northwesterly Right of Way line of Shoal Creek Valley Road for the Point of Beginning of a 30' (thirty-foot) wide right of way extending from the Northwesterly Right of Way line of Shoal Creek Valley Road to the Southeasterly line of the 45 Acre parcel conveyed to Roy L. Isbell and Carroll Isbell by Ozella J Abney by deed executed August 5, 1993, said Right of Way lying East of and adjacent to the following described line; from the Point of Beginning, go North 03 degrees 15 minutes 28 seconds East, a distance of 695.45 feet to the end of said Right of Way, said Right of Way being located West 1/2 (one-half) of the Northwest 1/4 of Section 11 , Township 15 South, Range 3 East. St. Clair County, Alabama. The above described easement being previously recorded in Deed Book 213, Page 85, in the Judge of Probate Office, St. Clair County, Alabama.

For informational purposes only, the property address is: 434 Roy Isbell Ashville AL 35953. 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, N.A.,
as trustee for
Mid-State Capital
Corporation 2005-1
by Ditech Financial LLC,
as servicer with
delegated authority

Paul K. Lavelle
Attorney for Mortgagee
Spina,&Lavelle, P.C.
One Perimeter Park South-
Suite 400N
Birmingham, Alabama 35243
(205) 298-1800

11/02/2017, 11/09/2017 and 11/16/2017.
(227756) 11-16-17
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PostedNovember 02, 2017