NOTICE OF MORTGAGE FORECLOSURE SALE STATE OF ALABAMA COUNTY OF LIMESTONE Default having been made in the indebtedness secured by that certain mortgage executed by Larry P Brown And Deborah H Brown, husband and wife to Mortgage Electronic Registration Systems, Inc. solely as nominee for Rhode Island, USA dated November 5, 2010; said mortgage being recorded in Book 2010, Page 60179, Limestone County, Al, as modified by that certain Modification Agreement in Book 2014, Page 8755, Limestone County, AL in the Office of the Judge of Probate of Limestone County, Alabama. Said Mortgage was last sold, assigned and transfered to Everbank by assignment recorded in Deed Book 2012, Page 65754 in the Office of the Judge of Probate of Limestone County, Alabama. The undersigned, EverBank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Athens, Athens, Limestone County, Alabama during the legal hours of sale, on the 8th day of January, 2015 the following property, situated in Limestone County, Alabama, to-wit: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LIMESTONE, STATE OF ALABAMA IN DEED INSTRUMENT 2003-75270 AND IS DESCRIBED AS FOLLOWS: ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 3 WEST OF THE HUNTSVILLE MERIDIAN, LIMESTONE COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS LOCATED NORTH 00 DEGREES 45 MINUTES 09 SECONDS EAST, 3469.69 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 31, TOWNSHIP 1 SOUTH, RANGE 3 WEST: THENCE FROM THE POINT OF BEGINNING NORTH 00 DEGREES 45 MINUTES 09 SECONDS EAST, A DISTANCE OF 120 FEET TO A 1/2 INCH CAPPED REBAR (STAMPED HELS, INC.): THENCE NORTH 89 DEGREES 14 MINUTES 51 SECONDS WEST, A DISTANCE OF 266.29 FEET TO A 1/2 INCH CAPPED REBAR STAMPED (HELS, INC.); THENCE SOUTH 01 DEGREES 22 MINUTES 19 SECONDS WEST, A DISTANCE OF 120.01 FEET TO A 1/2 INCH CAPPED REBAR (STAMPED HELS, INC.); THENCE SOUTH 89 DEGREES 14 MINUTES 51 SECONDS EAST. A DISTANCE OF 267.59 FEET TO A 1/2 INCH CAPPED REBAR (STAMPED HELS, INC.); BEING A POINT OF BEGINNING AND CONTAINING 0.74 ACRES, MORE OR LESS. SUBJECT TO: A PORTION OF THE RIGHT-OF-WAY OF MOORESVILLE ROAD OFF THE EAST SIDE THEREOF. ALSO SUBJECT TO: ONE-HALF OF A 75 FOOT TVA TRANSMISSION LINE EASEMENT BEING 37.5 FEET TAKEN EVENLY OFF THE WEST SIDE THEREOF. SUBJECT TO EASEMENTS, COVENANTS AND RESTRICTIONS, BOTH RECORDED AND UNRECORDED AND ALSO SUBJECT TO THE RESTRICTIONS ATTACHED HERETO WHICH ARC MADE A PART HEREOF AND ARE INCORPORATED HEREIN AS IF SET OUT HEREIN IN FULL. BEING THE SAME PROPERTY DESCRIBED IN THE DEED TO LARRY P. BROWN AND DEBORAH H. BROWN, HUSBAND AND WIFE, FOR AND DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE SURVIVOR OF THEM FROM MONICA WALES CLARK (FORMERLY MONICA WALES), A MARRIED WOMAN RECORDED ON OCTOBER 9, 2003 IN OFFICIAL RECORDS INSTRUMENT 2003-75270 OF THE PUBLIC RECORDS OF LIMESTONE COUNTY, ALABAMA. APN: 01-09-31-0-000-001.001 Said property is commonly known as 24647 Mooresville Rd, Athens, AL 35613. The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney's fees, and all other payments provided for under the terms of said Mortgage. Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Larry P Brown and Deborah H Brown or tenant(s). EVERBANK as holder of said mortgage Burch Tipton, Esq. McCalla Raymer, LLC Two North Twentieth 2 20th Street North, Suite 1310 Birmingham, AL 35203 (800) 275-7171 File No. 952814 www.foreclosurehotline.net The News Courier November 2, 9 and 16, 2014
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