STATE OF ALABAMA COUNTY OF LIMESTONE NOTICE OF MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage and security agreement executed by JIMMY RAY EAVES and LINDA KAY EAVES, husband and wife, on the 4th day of February 2008, to VANDERBILT MORTGAGE AND FINANCE, INC., as recorded in RLPY Book 2008, Page 8837, in the office of the Probate Judge of Limestone County, Alabama; VANDERBILT MORTGAGE AND FINANCE, INC., as Mortgagee, by reason of such default having declared all of the indebtedness secured by said mortgage and security agreement due and payable and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage and security agreement, and as authorized by Section 7-9A-604(a)(2) of the Code of Alabama of 1975 as amended, VANDERBILT MORTGAGE AND FINANCE, INC., as Mortgagee, will sell at public outcry, for cash to the highest bidder, in front of the Courthouse door, in the City of Athens, Limestone County, Alabama, during the legal hours of sale on October 7, 2015, the following described real and personal property situated in Limestone County, Alabama, to-wit: A tract or parcel of land located in the Northeast Quarter of Section 3, Township 1 South, Range 4 West, of the Huntsville Meridian, Limestone County, Alabama, being more particularly described as follows: Commencing at an existing 5/8 inch rebar with plastic cap stamped RLS 15455 Ronnie G. Coffman, at the Northeast comer of Section 3, Township 1 South, Range 4 West; thence South 00 degrees 20 minutes 59 seconds East along the East boundary of said Section 3, a distance of 1113.62 feet to a point; thence South 82 degrees 58 minutes 52 seconds West a distance of 30.05 feet to a mag nail set in the center line of Ragsdale Creek Road, the point of true beginning of the herein described tract; thence from the point of true beginning South 10 degrees 30 minutes 45 seconds East along the center line of Ragsdale Creek Road a distance of 72.00 feet to a mag nail set; thence continue along the center line of Ragsdale Creek Road in a curve to the right having a radius of 712.72 feet, an arc distance of 107.81 feet, a delta angle of 08 degrees 40 minutes 01 seconds and a chord bearing of South 06 degrees 10 minutes 44 seconds East for a chord distance of 107.71 feet to a mag nail set; thence continue along the center line of Ragsdale Creek Road South 01 degree 50 minutes 44 seconds East a distance of 204.52 to a mag nail set; thence along the center line of a ditch the following bearings and distances: North 89 degrees 14 minutes 59 seconds West a distance of 123.27 feet to a 5/8 inch rebar set, passing a 5/8 inch rebar set on the West right of way of Ragsdale Creek Road (a 60.00 foot prescriptive right of way), at a distance of 30.03 feet; North 43 degrees 07 minutes 30 seconds West a distance of 98.48 feet to a 5/8 inch rebar set; North 25 degrees 42 minutes 12 seconds West a distance of 142.68 feet to a 5/8 inch rebar set; North 38 degree 05 minutes 58 seconds West a distance of 177.31 feet to a 5/8 inch rebar set; thence leaving the center line of said ditch North 82 degrees 58 minutes 52 seconds East a distance of 333.05 feet to the point of true beginning, passing a 5/8 inch rebar set on the West right of way of Ragsdale Creek Road at a distance of 302.99 feet, with a relative error of closure no greater than one foot in 10,000 feet. And subject to: 30.00 feet evenly off the East side of the above described property for one-half the right of way of Ragsdale Creek Road, and subject to any easements and rights of ways recorded or unrecorded. INCLUDING a security interest in one (1) 2006 Norris manufactured home, Serial No. N01031242TNAB; together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described. 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. Said sale will be made subject to any existing Federal Tax Lien, if any, and/or Special Assessments, if any, which might adversely affect the title to the subject property. 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 the said mortgage. This sale is subject to postponement or cancellation; contact Margery Oglesby at the phone number shown below prior to attending the sale. Robin E. Pate Attorney for Vanderbilt Mortgage and Finance, Inc. ROSEN HARWOOD, P.A. 2200 Jack Warner Pkwy Ste 200 P.O. Box 2727 Tuscaloosa, AL 35403 (205) 344-5000 The News Courier September 18, 25 and October 2, 2015
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