FORECLOSURE NOTICE DEFAULT having been made in the payment of the indebtedness secured by that mortgage dated May 20, 2013, in favor of The HomeTown Bank of Alabama, a corporation, and executed by Roger D. Smith, which mortgage is recorded June 5, 2013, in Mtg. Book 1709, at Page 097, in the probate records of Cullman County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Cullman County Courthouse at Cullman, Alabama, at the legal hours of sale, on December 10, 2014, the following described real estate situated in Cullman County, Alabama, to-wit: Parcel 1 A tract of land being located in the SE1/4 of the NE1/4 of Sec 11, T9S, R1W of Cullman County Alabama, more particularly described as: Beginning at point purported to be the center of the East boundary of the NE1/4 of Section 11,T9S, R1W, South 00 degrees 23 minutes 00 seconds West a distance of 1332.92 feet to a point; thence West a distance of 490.14 feet to a point; thence North 25 degrees 55 minutes 00 seconds West a distance of 255.80 feet to a point; thence North 32 degrees 38 minutes 00 seconds West a distance of 165.43 feet to a point; thence North 33 degrees 52 minutes 00 seconds East a distance of 40.15 feet to a point; thence North 39 degrees 40 minutes 53 seconds West a distance of 151.20 feet to a point; thence North 50 degrees 41 minutes 35 seconds East a distance of 213.43 feet to a point; thence North 47 degrees 52 minutes 24 seconds West a distance of 198.12 feet to a point; thence North 54 degrees 23 minutes 58 seconds East a distance of 87.64 feet to a point; thence North 00 degrees 23 minutes 00 seconds East a distance of 329.96 feet to a point; thence West a distance of 513.84 feet to a point on the Easterly margin of Alabama Highway No. 69; thence along Easterly margin in a Northeasterly direction 109.20 feet to a point; thence leaving said Easterly margin, East a distance of 459.60 feet to a point; thence North 00 degrees 23 minutes 00 seconds East a distance of 70.00 feet to a point; thence East a distance of 681.50 feet to the point of beginning containing 21.24 acres more or less. The above described property is subject to all rights of way and easements, recorded and unrecorded. AND ALSO, Pursuant at Section 7-9A-604(a)(2), Code of Alabama of 1975, as last amended, all poultry equipment of every kind and class, now owned or hereafter acquired including all replacements relating to poultry farm located at 12924 Hwy 69 North, Baileyton, AL 35019. (w/2j34803 Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure. The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2014, and October 1, 2015, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, subject to an Oil, Gas amd Mineral Lease of record in Book 366, Page 457-458-B, subject to the gravel drive as shown on survey of subject property, subject to any easements for erection and maintenance of utility lines and necessary access, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record. THE ABOVE SALE HAS BEEN CONTINUED TO MARCH 6, 2015, DURING THE LEGAL HOURS OF SALE. JONES AND MILWEE, LLC ATTORNEY AND AUCTIONEER P. O. BOX 940 GUNTERSVILLE, AL 35976 February 27, 2015
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