• MORTGAGE FORECLOSURE SALE ...

MORTGAGE

FORECLOSURE SALE



Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joshua N. Gable and his wife, Nancy A. Gable, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender, on the 4th day of February, 2005, said mortgage recorded in the Office of the Judge of Probate of Cullman County, Alabama, in MTG Book 1415 Page 511; the undersigned The Bank of New York Mellon fka The Bank of New York, as Trustee (CWALT 2005-06CB), 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 Cullman, Cullman County, Alabama, on May 25, 2017, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Cullman County, Alabama, to-wit:



Tract I:



A part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 8 South, Range 2 West, more particularly described as: Beginning at a set Railroad Spike marking the point of intersection of the East ling of said Section with the centerline of County Road No. 1494; thence South 02 degrees 16 minutes 00 seconds East a distance of 314.00 feet to a set 5/8 inch rebar iron; thence South 88 degrees 20 minutes 00 seconds West a distance of 121.43 feet to a set Railroad Spoke in the center line of County Road No. 1494; thence along said centerline by the following chord bearings and distances: North 16 degrees 26 minutes 42 seconds West 58.89 feet; thence North 8 degrees 37 minutes 29 seconds West 35.39 feet; thence North 8 degrees 51 minutes 21 seconds East 30.74 feet; thence North 28 degrees 00 minutes 36 seconds East 28.59 feet; thence North 36 degrees 23 minutes 38 seconds East 135.95 feet; thence North 30 degrees 40 minutes 59 feet to the true point of beginning and containing 0.67 acres more or less.



Tract II:



A tract or parcel of land containing 3.36 acres, more or less, and lying in the SW 1/4 of the SW 1/4 of Section 34, Township 8 South, Range 2 West of the Huntsville Meridian, Cullman County, Alabama, described as follows: Beginning at the Northwest corner of the SW 1/4 of the SW 1/4 of said Section 34; thence from the true point of beginning North 88 degrees 24 minutes 29 seconds East 244.28 feet to a point; thence South 01 degrees 34 minutes 42 seconds East 621.83 feet to a point in the centerline of Cullman County Road 1498; thence along the centerline of said Cullman County Road 1498 North 01 degrees 34 minutes 24 seconds West 22.92 feet to a point thence North 01 degrees 34 minutes 24 seconds West 251.27 feet to a point; thence South 31 degrees 07 minutes 48 seconds West 68.25 feet to a point; thence North 01 degrees 30 minutes 00 seconds West 437.70 feet to the true point of beginning for the property herein described. Said lands lying and being in Cullman County, Alabama.



Property street address for informational purposes: 18 County Road 1498, Cullman, AL 35058



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.



The Bank of New York Mellon

fka The Bank of New York,

as Trustee

(CWALT 2005-06CB),

Mortgagee/Transferee



Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/

Transferee

www.sirote.com/foreclosures

408891

April 14, 21 and 28, 2017
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PostedApril 14, 2017