STATE OF ALABAMA
COUNTY OF FAYETTE
NOTICE OF MORTGAGE
FORECLOSURE SALE
Default having been made under the terms of that certain mortgage executed by Rodney Ward and wife, Kimberly Ward, on the 17th day of September, 2024, to Phillip M. Madison and wife, Shelia G. Madison, and Linday N. Madison, a single person, which said mortgage is recorded in the Probate Office of Fayette County, Alabama, in Mortgage Book 2024, at Page 2802, with Assignment of Mortgage to Phillip M. Madison, as Mortgagee dated September 30, 2026, and by reason of such default, having declared all of the indebtedness secured by said mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash, to the highest bidder, before the main entrance of the Courthouse in the City of Fayette, Fayette County, Alabama, at 1:00 p.m., or otherwise during the legal hours of sale on October 28, 2026, the following described real estate situated in Fayette County, Alabama, to-wit:
SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING:
A parcel of land situated in the NW 1/4 of the SE 1/4 of Section 28, Township 16 South, Range 9 West, Fayette County, Alabama, more particularly described as follows: commence at the Southwest corner of the said NW 1/4 of the SE 1/4; thence South 87 degrees 58 minutes 35 seconds East, along the South boundary of the said NW 1/4 of the SE 1/4, 286.11 feet, to the point of beginning; thence continue, along said South boundary, South 87 degrees 58 minutes 35 seconds East, 434.04 feet; thence North 21 degrees 37 minutes 28 seconds East, 568.86 feet, to the Southwest R.O.W. of a paved County Road (80' R.O.W.); thence Northwesterly, along said Southwest R.O.W., along the arc of a curve to the right, 217.117 feet (delta 02 degrees 35 minutes 11 seconds, radius 2215.26 feet, chord North 42 degrees 09 minutes 22 seconds West, 217.03 feet); thence North 39 degrees 20 minutes 54 seconds West, along said Southwest R.O.W., 398.62 feet; thence Northwesterly, along said Southwest R.O.W., along the arc of a curve to the left, 368.02 feet (delta 05 degrees 31 minutes 12 seconds, radius 3819.87 feet, chord North 42 degrees 06 minutes 30 seconds West, 367.88 feet); thence South 00 degrees 04 minutes 35 seconds East, 1255.56 feet to the point of beginning. Containing 12 acres, more or less.
For informational purposes only the street address for the above referenced property is believed to be: 4414 County Road 46, Berry, AL 35546-3142, which is not a part of the legal description and in the event of any discrepancy, the legal description described in this notice shall control. Together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described.
Said sale will be subject to the right of way easements and restrictions of record in the Probate Office of Fayette County, Alabama, outstanding property taxes, and existing special assessments, if any, which might adversely affect the title to subject property.
Said property will be sold on an “As Is, Where Is” basis without warranty or recourse, express or implied as to title, use and/or enjoyment. Neither the Mortgagee, nor the attorneys, agents or authorized representatives of the Mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. ( 1975) §35-4-271, are expressly disclaimed.
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 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 said mortgage. The successful bidder must tender a non-refundable deposit of Twenty Thousand and 00/100 Dollars ($20,000.00) in certified funds made payable to Reynolds, Reynolds & Little, LLC at the time and place of the sale. The balance of the purchase price must be paid in certified funds or by wire transfer by 5:00 p.m. the next business day at the Law Office of Reynolds, Reynolds & Little, LLC at the address indicated below unless prior to said sale Reynolds, Reynolds & Little, LLC has agreed to a later date or closing location. The Mortgagee 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.
The failure of any high bidder to pay the purchase price and close this sale shall, at the option of Mortgagee, be cause for rejection of the bid, and if the bid is rejected, Mortgagee shall have the option of making the sale to the next highest bidder who is able, capable and willing to comply with the terms thereof.
This sale is subject to postponement or cancellation.
THIS IS AN ACTION TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.
Phillip M. Madison, as Mortgagee
Ryan R. Hendley, Esq.
REYNOLDS, REYNOLDS & LITTLE, LLC
Attorneys for Mortgagee
2115 11th Street
Post Office Box 2863
Tuscaloosa, Alabama 35403-2863
Telephone: 205-391-0073
File No. 3855.0001
Publication Dates: October 7, 2026; October 14, 2026 & October 21, 2026;
The Times-Record