Default having been made in the payment of the indebtedness secured by that certain Real Estate Mortgage executed by William A. Rolader, Sr. ("Debtor"), on August 5, 2005, in favor of United Community Bank ("Bank"), which mortgage was recorded on August 9, 2005, of record in Mortgage Book 484, Page 600 in the Office of the Judge of Probate of Randolph County, Alabama (the "Probate Office"), and UCC Financing Statement executed by Debtor in favor of Bank recorded on August 9, 2005, of record as UCC#45363 in the Probate Office, the undersigned, as Mortgagee, under and by virtue of the power of sale contained in the said mortgage, will sell at public outcry to the highest bidder for cash in front of the main entrance of the Randolph County Courthouse in Wedowee, Alabama, on Friday, January 28, 2011, at 11:30 a.m., the following real estate, together with any and all buildings, structures and improvements of every nature whatsoever now or hereafter situated thereon, and all fixtures now or hereafter owned by the Mortgagor and forming a part of or used in connection with or operation thereof, whether or not the same are or shall be attached to the land in any manner including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of the Mortgagor in and to any such fixtures together with the benefit of any deposits or payments now made or hereafter made on such fixtures by the Mortgagor, situated in Randolph County, Alabama (the "Real Property"), to wit:
Commencing at the Northeast corner of Lots 5 and 6 for a point of beginning; thence South 38 degrees 28 minutes 44 seconds West 90.24 feet to an iron pin; thence South 27 degrees 42 minutes 57 seconds West 89.24 feet to an iron pin; then South 68 degrees 10 minutes 22 seconds West 226.22 feet to an iron pin; thence South 68 degrees 10 minutes 22 seconds West 226.22 feet to an iron pin; thence North 49 degrees 15 minutes West 40.27 feet to a point; thence North 40 degrees 08 minutes West 70.73 feet to an iron pin; thence North 72 degrees 21 minutes 40 seconds East 335.76 feet to an iron pin; thence North 19 degrees 47 minutes 59 seconds East 38.52 feet to an iron pin; thence North 73 degrees 06 minutes 25 seconds East 53.01 feet to an iron pin at the Point of Beginning; subject to a ten-foot easement as platted; according to the survey of Burrel C. Jones, Registered Land Surveyor No. 5294, dated September 24, 1997; said parcel being a portion of Lot 5 of Sunset Village Subdivision, a plat of said subdivision being recorded in Plat Book 3 at page 5 in the Office of the Judge of Probate of Randolph County, Alabama.
Subject to all ownership, interests, easements owned by the Alabama Power Company to that portion of the property that lies below the 800' mean sea level elevation marks, Huntsville Meridian.
This property is subject to the Restrictive Covenants of Sunset Village Subdivision as described and recorded in Deed Book 148 at pages 630 through 632 in the Office of the Judge of Probate of Randolph County, Alabama.
The mortgagor herein is not joined by his spouse as this property is not his homestead property, nor is it that of his spouse.
The street address of the Real Property is believed to be 593 Sunset Drive, Wedowee, Alabama 36278, but such address is not part of the legal description of the Real Property. In the event of any discrepancy, the legal description herein shall control.
In accordance with Section 7-9A-604, Code of Alabama, the sale of the Real Property described above will be combined with a sale of the personal property (the "Personal Property"). The Real Property and the Personal 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 Probate Office. This property will be sold without warranty or recourse, expressed or implied as to title, use and/or enjoyment and will be sold subject the right of redemption of all parties entitled thereto.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The Mortgagee reserves the right to bid for and purchase the real estate, to credit its purchase price against the expenses of sale and the indebtedness secured by the property and to establish reasonable procedure for the conduct of the sale. The Mortgagee also reserves the right to withdraw the Personal Property from the sale at any time prior to the commencement of the sale.
United Community Bank
560 Airport Industrial Blvd.
Blairsville, Georgia 30512
Ronald G. Steen, Jr.
Stites & Harbison, PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219
Facsimile: (615) 742-7238