Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by William Timmins and Bonnie S. Timmins, husband and wife to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender, Southeast Mortgage of Georgia Inc., and Lender's successors and assigns, dated October 18, 2006, and Recorded in Mortgage Book 505, Page 422 of the records in the Office of the Judge of Probate, Randolph County, Alabama, which said mortgage was subsequently assigned to BAC Home Loans Servicing, LP; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on February 21, 2011, at the front door of the Courthouse of Randolph County, Alabama, Main Street Wedowee, AL 36278, the following described real property in the County of Randolph, State of Alabama, being the same property described in the above referred to mortgage:
Lot 3 of Ratley's Cove North Subdivision as described and recorded in Plat Book 3, at Page 22 as found in the office of the Judge of Probate of Randolph County, Alabama.
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 THE PROBATE 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 is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney's fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the mortgage.
BAC Home Loans Servicing, LP
William S. McFadden
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609