Default having been made in the payment of the indebtedness secured by that certain mortgage executed on April 11, 2008 by Rocky Sutton and wife, Dorthy Sutton and Jacky Sutton, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Shore Mortgage, and recorded in Mortgage Book 1561 at Page 370 on April 14, 2008, and modified in and modified by agreement recorded on January 30, 2015 in Mortgage Book 1753 at Page 1, in the Office of the Judge of Probate of Cullman County, Alabama, and secured indebtedness having been transferred or assigned to MidFirst Bank as reflected by instrument recorded in Book 323, Page 760 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on April 27, 2017, sell at public outcry to the highest bidder in front of the main entrance of the Cullman County, Alabama, Courthouse in the City of Cullman, during the legal hours of sale, the following real estate situated in Cullman County, Alabama, to wit:

All that part of the Southeast Quarter of the Southwest Quarter of Section 22, Township 9 South, Range 1 West, more particularly described as commencing at an existing 5/8 inch rebar iron marking the southeast corner of said forty; thence South 89°49'3T' West along the south line of said forty a distance of 180.00 feet to a set 5/8 inch rebar iron; thence due north a distance of 243.00 feet to a set 5/8 inch rebar iron and the true point of beginning of the property herein described; thence from said true point of beginning continue due north a distance of 243.00 feet to a set 5/8 inch rebar iron; thence North 89°49' 37" East a distance of 180.00 feet to a set 5/8 inch rebar iron on the east line of said forty; thence due south along said east line a distance of 243.00 feet to a set 5/8 inch rebar iron; thence South 89°49'37" West a distance of 180.00 feet to the true point of beginning. Subject to a right of way for County Road 1693.

For informational purposes only, the property address is: 1444 County Road 1693, Holly Pond, AL 35083.

Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative 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, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

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.

MidFirst Bank, and its successors and assigns

Mortgagee or Transferee


10130 Perimeter Parkway,

Suite 400

Charlotte, NC 28216

704-333-8107/ 17-012253

Attorneys for Mortgagee

or Transferee

The Cullman Times

March 8, 2017;

March 15, 2017;

March 22, 2017
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PostedMarch 08, 2017