• NOTICE OF MORTGAGE FORECLOSURE...

NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Real Estate Mortgage with Future Advances Clause (“Mortgage”) executed by Four Star Investments, Inc., an Alabama corporation, to Aliant Bank, n/k/a USAmeriBank, (“Mortgagee”) on the 15th day of August, 2007, said Mortgage being recorded on August 16th, 2007 in the Probate Office of St. Clair County, Alabama, in Mortgage Book 2007, Page 46779; affected by that partial release recorded in Mortgage Book 2008, Page 31672; by that partial release recorded in Mortgage Book 2009, Page 34703; and by that partial release recorded in Mortgage Book 2009, Page 35912, Mortgagee, under and by virtue of the Power of Sale contained in the Mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance to the Courthouse at Ashville, St. Clair County, Alabama on the 30th day of November, 2017, during the legal hours of sale, the following described real estate situated in St. Clair County, Alabama, to wit:

PARCEL "C"

Commencing at a ½" pipe at the SW corner of the NW1/4 of the SW1/4 of Section 19, Township 15 South, Range 3 East, St. Clair County, Alabama, thence N 00°20'19" E a distance of 1328.02' to a 1/2" rebar at the Northwest corner of said NW1/4 of the SW1/4; thence S 88°51'57" E along the Northerly boundary of said NW1/4 of the SW1/4 a distance of 1302.57' to a fence corner at the Northeast corner of said NW1/4 of the SW1/4; thence S 88°48'33" E along the Northerly boundary of the NW1/4 of the SW1/4 a distance of 982.53' to capped iron(CA#0452 Dowdy), the point of beginning of property herein described;

thence N 01°00'52" E a distance of 1317.20' to a 5/8" rebar; thence N 87°38'35" E a distance of 377.68' to a fence corner at the Southwest corner of the NW1/4 the NE1/4; thence N 01°00'12" E a distance of 1320.85' to a capped iron(#12158) at the Northwest corner of the NW1/4 the NE1/4; thence S 88°38'46" E a distance of 1290.96' to a fence line at the Northeast corner of the NW1/4 the NE1/4; thence S 01°12'11" W along the Easterly boundary of said 1/4,1/4 a distance of 868.92' to iron at the Northeast corner of Lot 47 of Peaceful Meadows Subdivision - Phase II as recorded in Map book 2002, Page 8, Judge of Probate Office, Ashville, St. Clair County, Alabama; thence Southeasterly along said Subdivision the following courses:

thence S 83°31'30" W a distance of 150.00'; thence S 73°39'15" W a distance of 227.27'; thence S 57°39'42" W a distance of 276.44'; thence S 50°42'59" E a distance of 180.00' to Peaceful Lane Right of way; thence S 38°16'44" W along said Peaceful Lane a distance of 69.46'; thence S 34°47'26" W along said Peaceful Lane a distance of 69.46'; thence S 33°02'47" W along said Peaceful Lane a distance of 196.49' to the Southeast corner of Lot 33 of Peaceful Meadows Subdivision - Phase II as recorded in Map book 2002, Page 8, Judge of Probate Office, Ashville, St. Clair County, Alabama; thence N 71°11'48" W a distance of 166.73'; thence S 33°02'47" W a distance of 171.93'; thence S 24°11'26" W a distance of 186.44'; thence S 42°47'57" W a distance of 266.34'; thence S 04°59'11" E a distance of 219.33'; thence leaving said Phase II N 45°55'26" W a distance of 275.88'; thence S 20°55'36" W a distance of 122.83'; thence S 29°45'04" W a distance of 46.56'; thence S 45°56'00" W a distance of 82.44'; thence S 24°42'00" W a distance of 52.39'; thence S 15°25'57" W a distance of 57.88'; thence S 25°21'22" W a distance of 127.99'; thence S 12°09'06" E a distance of 53.53'; thence S 17°19'54" E a distance of 81.45'; thence S 02°05'49" E a distance of 47.56'; thence S 07°03'02" W a distance of 45.43' to a capped iron(#13409) at the Southwest corner of said Peaceful Meadows Subdivision; thence S 88°31'04" E along the Southerly boundary of said Subdivision a distance of 159.51' to a 1.5" Pipe; thence S 00°27'45" E a distance of 1083.42' to the Northerly Right of Way of U.S. Highway #411; thence S 60°14'51" W along said Highway a distance of 93.36' to a capped iron(#13409) at the Southeasterly corner of the Taylor Property(DB2000, Pg.6591); thence N 29°33'05" W along said the Taylor Easterly boundary a distance of 400.72' to a fence corner; thence N 04°21'00" W a distance of 789.12' to the point of beginning, being 57.1 acres in the West Half of the Northeast Quarter and the Southeast Quarter and the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 19, Township 15 South, Range 3 East, St. Clair County, Alabama.

(For informational purposes only, not to be relied upon as a legal description, the above referenced property may also be identified as Parcel # 17-04-19-0-001-031.000 and # 17-04-19-0-001-060.001)

This sale is made for the purpose of paying the indebtedness secured by the Mortgage, as well as the expenses of foreclosure, including attorney’s fees.

The above-described property will be sold on an "as is, where is" basis, subject to any liens, encumbrances, taxes, reservations, restrictions, easements, highway and/or road rights of way, telephone and utility lines, and rights of egress and ingress. Said property will be sold without representation, warranty or recourse, express or implied, as to title, use and/or enjoyment of the property described above, and will be sold subject to the statutory right of redemption. Mortgagee has made no representations or warranties as to the physical condition of the real estate and/or any improvements therein. Mortgagee was not familiar with the environmental condition of the real estate either at the date of the foreclosure sale on said real estate or at the date of execution of this foreclosure deed and has made no statements or warranties that said real estate is or is not free of any hazardous and/or toxic substances. Any purchaser shall acknowledge and agree that the physical and environmental condition of the real estate conveyed hereunder shall have been inspected by said purchaser or its duly authorized agent and that the real estate is purchased by said purchaser as a result of such inspection and not upon any agreement, representation, or warranty made by Mortgagee. Furthermore said purchaser, and on behalf of its successors and assigns, shall agree to accept the real estate in its “AS IS, WHERE IS, WITH ALL FAULTS” condition, including any physical and environmental conditions; shall release Mortgagee from any and all liabilities under CERCLA, RCRA, or the HMTA, or any other local, state, or federal laws, rules or regulations, or ordinances; and shall indemnify, release, and hold and save Mortgagee harmless from and against all claims, losses, demands, costs, expenses (including attorneys fees and other legal costs), liabilities, damages and judgments arising out of or related to Mortgagee's use (past, present or future) of said real estate or the physical and environmental condition of the real estate. This assumption, release, and indemnity shall run with the land and shall be binding upon Purchaser, its successors and assigns and all successors in title. Said purchaser of said real estate shall acknowledge their understanding, acceptance of and agreement with the conditions, releases, indemnities, representations and warranties set forth. (For the purpose of this provision, “CERCLA” shall mean and refer to the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. §9601, et seq., as amended; “RCRA” shall mean and refer to the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq., as amended; and “HMTA” shall mean and refer to the Hazardous Materials Transportation Act, 49 U.S.C. §5102, et seq., as amended). This sale is subject to postponement or cancellation; contact Engel, Hairston and Johanson, P.C. at the phone number shown below prior to attendance at sale.

USAmeriBank,
successor by
merger to Aliant Bank

By:/s/Alto Lee Teague, IV
Alto Lee Teague, IV
Attorney for Mortgagee

ENGEL, HAIRSTON&JOHANSON, P. C.
P.O. Box 11405
Birmingham, Alabama 35202
(205) 328-4600

November 2, 2017,
November 9, 2017,
November 16, 2017, and
November 23, 2017
(227754) 11-23-17
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PostedNovember 02, 2017