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Copyright © 2007 The Times-Record Inc. • P.O. Drawer 159 • Fayette, Alabama 35555  All rights reserved.
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notice is hereby given, that acting under and by virtue of the power of sale contained in said mortgage, State Bank
& Trust, as mortgagee, will sell at public outcry, for cash, to the highest bidder, in front of the Main door of the
Courthouse in Fayette, Fayette County, Alabama, during the legal hours of sale, on MARCH 9, 2015, the
following described real estate, together with hereditaments and appurtenances there unto belonging and all
fixtures now attached to and used in connection with the premises herein described, to-wit:

 

Begin at a right of way marker located on the West right of way line of the Fayette Guin Highway, being identified
as follows: (R.O.W.) Marker No. 648 plus 00, 1950 ASHD.; go thence Northwesterly along the center of a small
ditch a distance of 250 feet to an iron stake; go thence Southwesterly a distance of 35 feet to an iron stake; go
thence Northwesterly a distance of10 feet to an iron stake; go thence Northeasterly a distance of 35 feet to the said
small ditch; go thence Northwesterly a distance of 165 feet to the South right of way line of the Sandy Hollow
Road; go thence Easterly along said right of way line a distance of 240 feet to the West right of way line of the
Fayette-Guin Highway (No. 107); thence Southerly along said West right of way line a distance of 255 feet to the
said point of beginning.  Said Strip 10 feet x 35 feet is to include a well located on said property.  All buildings
and appurtances located on said property pass with this conveyance. Said above described lands are located in the
Northeast part of the SE ¼ of SW ¼, Section 34, Township 13 South, Range 13 West, Fayette County, Alabama.

 

Said property will be sold on an "as is, where is" basis subject to any easements, encumbrances, and exceptions
contained in said mortgage and those contained in the records of the Office of the Judge of Probate where the
above-described property is situated. Said 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.
This sale is made for the purpose of paying the mortgage debt, cost and expense of foreclosure.  This sale is
subject to postponement or cancellation and you should contact Diane Haden Henderson prior to attendance.  

 

STATE BANK AND TRUST, AS

MORTGAGEE

DIANE HADEN HENDERSON

Attorney for

Mortgagee

P. O. Box 310

Winfield, Alabama 35594

(205)487-4142

(2/18, 2/25, 3/4)


MORTGAGE

FORECLOSURE NOTICE

 

Default having been made in the terms of that mortgage executed on the 30th day of April, 2010, by Mark Alan
Miles, a married man, as mortgagor, in favor of State Bank and Trust, as mortgagee, which said mortgage is
recorded in the Office of the Judge of Probate, Fayette County, Alabama, in mortgage volume 2010 at page 2266
and State Bank and Trust, as mortgagee, having declared all of the indebtedness secured by said mortgage due and
payable and such default continuing, notice is hereby given, that acting under and by virtue of the power of sale
contained in said mortgage, State Bank & Trust, as mortgagee, will sell at public outcry, for cash, to the highest
bidder, in front of the Main door of the Courthouse in Fayette, Fayette County, Alabama, during the legal hours of
sale, on MARCH 9, 2015, the following described real estate, together with hereditaments and appurtenances there
unto belonging and all fixtures now attached to and used in connection with the premises herein described, to-wit:

 

PARCEL 1:  A tract of land, lying and being in the SE ¼ of SE ¼, Section 33, Township 13 South, Range 13 West
and in the NE ¼ of NE ¼, Section 4, Township 14 South, Range 13 West, Fayette County, Alabama, and being
more particularly described as follows, to-wit: Commence at a point at the intersection of County Road 36 and
State Road 107, said point lying approximately 90 feet West and 895 feet North from the Southeast corner of SE ¼
of SW ¼ of Section 34, Township 13 South, Range 13 West; thence run in a Westerly direction, along the center
line of County Road 36, a distance of 1164 feet to railroad spike, said railroad spike lying approximately 60 feet
East and 190 feet South from the Northwest corner of SE ¼ of SW ¼, Section 34, Township 13 South, Range 13
West; thence run S. 06E 14’ E., a distance of 41 feet to existing iron pin on the South right-of-way line of County
Road 36; thence run in a southwesterly direction, along the South right-of-way line of said County Road 36,
approximately 531 feet to iron pin; thence run along the South right-of-way line of County Road 36 in a
Southwesterly direction, approximate bearing S. 81E 00’ W., a distance of 459 feet to iron pin; thence run S. 48E
04’ W., a distance of 1000 feet to a point; thence run S. 04E 45’ E., a distance of 248 feet to iron pin set and the
point of beginning of the land herein described; thence run S. 68E 50’ W., a distance of 192 feet to iron pin set;
thence run N. 28E 26’ E., a distance of 195.8 feet to iron pin set; thence run N. 60E 45’ W., a distance of 173 feet
to iron pin set; thence continue N. 60E 45’ W., a distance of 20 feet to center of a ditch; thence run along center of
ditch S. 85E 00’ W., a distance of 72 feet to a point in center of ditch; thence run S. 09E 43’ W., a distance of 8
feet to iron pin set; thence continue S. 09E 43’ W., a distance of 185 feet to iron pin set and the point of beginning
of the land herein described.

 


ALSO:  A tract of land lying and being in the SE ¼ of SE ¼, Section 33, Township 13 South, Range 13 West; the
NE ¼ of NE ¼, Section 4, Township 14 South, Range 13 West; and the NW ¼ of NW ¼, Section 3, Township 14
South, Range 13 West, Fayette County, Alabama, and being more particularly described as follows, to-wit:
Commence at a point at the intersection of County Road No. 36 and State Road No. 107, said point lying
approximately 90 feet west and 895 feet north from the southeast corner of SE ¼ of SW ¼ of Section 34,
Township 13 South, Range 13 West; thence run in a westerly direction, along the centerline of County Road 36, a
distance of 1164 feet to railroad spike, said railroad spike lying approximately 60 feet east and 190 feet south from
the northwest corner of SE ¼ of SW ¼, Section 34, Township 13 South, Range 13 West; thence run S. 06E 14’ E.,
a distance of 41 feet to existing iron pin on the south right-of-way line of County Road 36; thence run in a
southwesterly direction, along the south right-of-way line of said County Road 36, approximately 531 feet to iron
pin; thence run along the south right-of-way line of County Road 36; in a southwesterly direction, approximate
bearing S. 81E 00’ W., a distance of 459 feet to iron pin; thence run S. 48E 05’ W., a distance of 1000 feet to a
point; thence run S. 04E 45’ E., a distance of 248 feet to a point and the point of beginning of the land herein
described; thence run S. 68E 50’ E., a distance of 192 feet to iron pin set; thence run N. 28E 26’ E., a distance of
115.8 feet to existing iron pin; thence run S. 39E 52’ E., a distance of 172 feet to iron pin  set on fence line; thence
run with fence line, approximate bearing S. 75E 00’ W., a distance of 273 feet to a point on said fence line; thence
run with fence line, with approximate bearing S. 89E 00’ W., a distance of 183 feet to iron pin set on fence line;
thence run N. 01E 38’ E., a distance of 72 feet to a railroad spike set in center of gravel drive, said gravel drive
being 12 feet wide; thence run with fence line, with approximate bearing S. 89E 00’ W., a distance of 183 feet to
iron pin set on fence line; thence run N. 01E 38’ E., a distance of 72 feet to a railroad spike set in center of gravel
drive, said gravel drive being 12 feet wide; thence meandering and traversing gravel road, run in a westerly
direction a distance of 615 feet to a point in said gravel drive; thence continue meandering and traversing gravel
drive, run in a northerly direction approximately 425 feet to where said gravel drive intersects a gravel road, said
gravel road being approximately 20 feet wide; thence run in a northeasterly direction, along center of gravel road,
a distance of approximately 35 feet to railroad spike set in gravel road; thence run, with approximate bearing S.
04E 00’ E., a distance of 66 feet to a point on fence line; thence run, with fence line, approximate bearing S. 05E
00’ W., a distance of 40 feet to a point on fence line; thence continue with fence line, approximate bearing S. 17E
00’ W., a distance of 171 feet to iron pin on fence line; thence run with approximate bearing S. 81E 00’ E., a
distance of 145 feet to a point where fence line intersects small drainage ditch; thence traversing and meandering
said drainage ditch, run in an easterly direction a distance of approximately 650 feet to a point in said drainage
ditch; thence run S. 09E 43’ W., a distance of 8 feet to existing iron pin; thence continue S. 09E 43’ W., a distance
of 185 feet to a point, and the point of beginning of the land herein described.

 

PARCEL 2:  NE ¼ of NE ¼ of Section 4, Township 14 South, Range 13 West, Fayette County, Alabama,        

 

LESS AND EXCEPT:  A parcel of land, lying and being situated in the northwest corner of the NE ¼ of NE ¼ of
Section 4, Township 14 South, Range 13 West, Fayette County, Alabama and being more particularly described as
follows: Begin at the northwest  corner of the NE ¼ of NE ¼ of Section 4 (a rock pile); thence run South 1 E 12’
East along the west boundary of NE ¼ of NE ¼, for a distance of 220 feet to stake set; thence run South 89 E 42’
East a distance of 110 feet to stake set; thence run North 72 E 33’ East a distance of 300 feet to stake set; thence
run North 9 E 44’ West to the north boundary line of the NE ¼ of NE ¼ of Section 4; thence run west along said
forty line to the point of beginning.

 

LESS AND EXCEPT: A tract of land being approximately ½ acre, lying and being situated in northeast corner of
the NE ¼ of NE ¼ of Section 4, and being all that part of Parcel II described in that certain deed record in Book
2000 at Page 1072 that lies within the NE ¼ of NE ¼ of Section 4, Township 14 South, Range 13 West, Fayette
County, Alabama.

 

ALSO: All that part of the SE ¼ of SE ¼ of Section 33, Township 13 South, Range 13 West that lies south of a
gravel driveway (which runs along the south boundary line of tax parcel number 32-03-08-33-0-000-006.004), and
east of the east boundary line of tax parcel number 32-03-08-33-0-000-006.005. This parcel of land is
approximately one-tenth of an acre and is presently identified as tax parcel number 32-03-08-33-0-000-006.006.

 

ALSO: An easement for the purpose of egress-ingress being 15 feet wide that runs along an existing gravel road
referred to as the Old Sandy Hollow Road and a gravel driveway,  and  the center line of the easement being
described as follows: Beginning at a point on the south right-of-way of County Highway No. 36 at a point that is
710 feet north of and 769 feet N 79E 50’ E of the southwest corer of the SE ¼ of SE ¼ of Section 33, Township 13
South, Range 13 West, said point being the intersection with the center of the Old Sandy Hollow Road; thence run
South 52E 30’ West along the centerline of the Old Sandy Hollow Road for a distance of 437 feet, more or less, to
the northwest corner of a  David Dodd and Sarah Dodd parcel of land, where it intersect the northwest corner of
the Bobby T. Whitehead property, which corner is where the Old Sandy Hollow Road, intersects a gravel
driveway that runs in a southerly direction; thence in a southerly direction along the gravel driveway to the north
boundary line of the NE ¼ of  NE ¼ of Section 4, Township 14 South, Range 13 West, Fayette County, Alabama.

 

Said property will be sold on an "as is, where is" basis subject to any easements, encumbrances, and exceptions
contained in said mortgage and those contained in the records of the Office of the Judge of Probate where the
above-described property is situated. Said 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.
This sale is made for the purpose of paying the mortgage debt, cost and expense of foreclosure.  This sale is
subject to postponement or cancellation and you should contact Diane Haden Henderson prior to attendance.  

 

STATE BANK AND TRUST, AS MORTGAGEE

DIANE HADEN HENDERSON

Attorney for Mortgagee

P. O. Box 310

Winfield, Alabama 35594

(205)487-4142

(2/18, 2/25, 3/4)


IN THE PROBATE COURT OF FAYETTE COUNTY


IN THE MATTER

OF THE ESTATE OF:

JERRY RAY BAKER, SR,

DECEASED

• Continued