• MORTGAGE FORECLOSURE SALE De...

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William T. Funderburg and Margaret Funderburg, husband and wife, originally in favor of James B. Nutter and Company, on the 3rd day of January, 2008, said mortgage recorded in the Office of the Judge of Probate of St. Clair County, Alabama, in Mortgage Book 2008 Page 2432; the undersigned James B. Nutter and Company, as Mortgagee/Transferee, 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 Courthouse at Pell City, St. Clair County, Alabama, on September 27, 2017, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in St. Clair County, Alabama, to-wit:

A tract of land located in St. Clair County, Alabama, lying and being on the Southerly side of U.S. Highway Number 78, more particularly described as follows: Commencing at the Southwest intersection of the Wolf Creek Road and said U. S. Highway Number 78 in the Town of Eden, Alabama; thence 363 feet, more or less, to the corner of a tract conveyed to J. M. Brannon by deed recorded in Volume 26, Page 104 in the Office of the Judge of Probate; thence Southwestwardly along the Southwest line of said Brannon tract a distance of 350 feet more or less, to a corner where the Southeast line of said Brannon tract intersects the East line of a tract conveyed to J. W. Allen by deed recorded in Volume 35 Page 483 in the Office of the Judge of Probate; thence South along the East line of said Allen tract a distance of 550 feet, more or less, to the right of way of the Southern Railway; thence East along said right of way a distance of 450 feet, more or less, to the Wolf Creek Road; thence North along the said Wolf Creek Road a distance of 655 feet, more or less, to the Point of Beginning; and bounded on the North side by said U. S. Highway Number 78, on the Northwest by lands owned by J. M. Brannon, on the West by lands owned by J. W. Allen, on the South by the right of way of Southern Railway, and on the East side by Wolf Creek Road, and containing eight (8) acres, more or less, together with free use of water from spring near South line of said land all situated in Section 3, Township 17, Range 3 East. Subject to transmission line permit to Alabama Power Company as recorded in Volume 47 at Page 491 in the Office of the Judge of Probate, St. Clair County, at Pell City, Alabama.

Property street address for informational purposes: 46 Cogswell Ave, Pell City, AL 35125

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.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote&Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote&Permutt, P.C. at the address indicated below. Sirote&Permutt, 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.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

James B. Nutter and Company,
Mortgagee/Transferee

Pam King
SIROTE&PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/
Transferee
www.sirote.com/foreclosures
392674
July 27, August 3 and 10, 2017
(225598) 8-10-17
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PostedJuly 27, 2017