WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a mortgage from MICHAEL MEAD, MARRIED AND JOINED BY SPOUSE JOYCE A. MEAD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR NEW DAY FINANCIAL, LLC, on the 21st day of June, 2019, said mortgage recorded in the Office of the Judge of Probate of Marion County, Alabama, on July 10, 2019, in Deed/Mortgage Book 2019, Page 2446, Marion County, Alabama Records, said Mortgage having subsequently been transferred and assigned to Planet Home Lending, LLC, by instrument recorded in the aforesaid Probate Office; notice is hereby given that the undersigned Planet Home Lending, LLC, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash on the West Side of the Marion County Courthouse, 132 Military Street South, Hamilton, AL 35570 in Hamilton, Marion County, Alabama, on December 8, 2022, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Marion County, Alabama, to-wit: SURFACE RIGHTS IN AND TO THE EAST ONE-HALF (E 1/2) OF NE 1/4 OF NW 1/4 OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 WEST, AND THAT PART OF THE SE ¼ OF SW ¼ OF SECTION 23, TOWNSHIP 11 SOUTH, RANGE 13 WEST, WHICH LIES EAST OF THE LINE RUNNING ALONG THE EAST RIGHT-OF-WAY OF MARION COUNTY ROAD NO. 67 AND THE EAST LINE OF THE GREEN SPRINGS MISSIONARY BAPTIST CHURCH PROPERTY, WHICH LINE MIGHT BE BETTER DESCRIBED AS FOLLOWS: BEGIN AT IRON PIN SET ON THE NORTH BOUNDARY OF SAID SE ¼ OF SW ¼ SAID IRON PIN LYING APPROXIMATELY 43 FEET EAST FROM THE NORTHWEST CORNER OF SAID SE ¼ OF SW ¼, AND BEING THE NORTHEAST CORNER OF SAID CHURCH PROPERTY; THENCE RUN S 23° E., A DISTANCE OF 653 FEET TO A RAILROAD SPIKE SET, THENCE CONTINUE S. 23° E., A DISTANCE OF APPROXIMATELY 65 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAYLINE OF MARION COUNTY ROAD NO. 67; THENCE RUN IN A SOUTHERLY DIRECTION ALONG THE EASTERLY RIGHT-OF-WAYLINE OF SAID COUNTY ROAD; A DISTANCE OF APPROXIMATELY 704 FEET TO WHERE SAID COUNTY ROAD RIGHT-OF-WAY LINE INTERSECTS THE SOUTH LINE OF SAID SE ¼ OF SW ¼. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY IN THAT CERTAIN DEED FLOYD W. POSEY AND WIFE, BECKY POSEY TO LARRY L. ELLIS AND GLENDA M. ELLIS, DATED 05/10/2013, RECORDED ON 05/13/2013 IN OFFR BOOK 2013 AT PAGE 1843 IN THE OFFICE OF THE JUDGE OF PROBATE OF MARION COUNTY, ALABAMA. THAT PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 11 SOUTH, RANGE 13 WEST, MARION COUNTY ALABAMA, EAST OF COUNTY HIGHWAY 67 DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR A POINT OF BEGINNING; THENCE S 0° 55` 53" W, ALONG THE EAST LINE THEREOF, 1308.08 FEET TO AN IRON PIN AT THE SOUTHEAST CORNER THEREOF; THENCE N 89° 41` 18" W, ALONG THE SOUTH LINE THEREOF, 1325.23 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER THEREOF AND THE EAST RIGHT OF WAY OF COUNTY HIGHWAY 67; THENCE N 25° 43` 04" E, ALONG SAID RIGHT OF WAY 415.23 FEET TO A POINT; THENCE N 21° 34` 57" E. ALONG SAID RIGHT OF WAY, 285.40 FEET TO A POINT THENCE N 0° 26` 44" E, ALONG SAID RIGHT OF WAY 157.24 FEET TO A POINT; THENCE N 13° 26` 25" W, ALONG SAID RIGHT OF WAY, 155.23 FEET TO A POINT; THENCE N 27° 21` 51" W, ALONG SAID RIGHT OF WAY 157.06 FEET TO A POINT; THENCE ALONG SAID RIGHT OF WAY, N 34° 22` 14" W, 265.69 FEET TO AN IRON PIN ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE S 89° 44` 55" E, ALONG SAID NORTH LINE, 1318.36 FEET TO THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT THAT PARCEL INCLUDED IN THE OFFR BOOK 2013 AT PAGE 1843; A PARCEL OF LAND LYING AND BEING SITUATED ACROSS THE NORTH PART OF THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 WEST, MARION COUNTY, ALABAMA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 26 FOR A POINT OF BEGINNING; THENCE RUN S 1° 53` 45" E, ALONG THE FORTY LINE FOR A DISTANCE OF 25 FEET TO A FENCE; THENCE RUN ALONG THE FENCE N 89° 41` 18" W FOR A DISTANCE OF 471 FEET, MORE OR LESS, TO THE NORTHEAST EDGE OF A PRIVATE DRIVEWAY; THENCE ALONG THE NORTHEAST EDGE OF THE PRIVATE DRIVEWAY N 78° 02` 56" W FOR A DISTANCE OF 122.48 FEET, MORE OR LESS, TO THE NORTH BOUNDARY LINE OF THE NE ¼ OF NW ¼ THENCE RUN S 89° 41` 18" E ALONG THE FORTY LINE FOR A DISTANCE OF 590 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. AND ALSO, LESS AND EXCEPT AN EASEMENT INCLUDED IN OFFR BOOK 2013 AT PAGE 1843; A PERPETUAL NON-EXCLUSIVE EASEMENT THAT RUNS ALONG AN EXISTING DRIVEWAY THAT BEGINS AT THE EAST RIGHT OF WAY OF MARION COUNTY HIGHWAY NO. 67 AND GOES TO THE NORTH BOUNDARY LINE OF THE E ½ OF NE ¼ OF SECTION 26, AND THAT LIES NORTH OF THE FOLLOWING DESCRIBED BOUNDARY LINE, TO-WIT: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT OF WAY OF MARION COUNTY HIGHWAY NO. 67 WITH THE HEDGEROW LOCATED ON THE SOUTH SIDE OF THE DRIVEWAY LEADING TO THE DWELLING OF THE FLOYD W. POSEY AND BECKY POSEY, WHICH SAID POINT OF INTERSECTION IS LOCATED NEAR THE NORTH BOUNDARY OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 WEST, MARION COUNTY, ALABAMA AND WHICH SAID POINT OF INTERSECTION IS THE WESTERN TERMINUS OF THE COTERMINOUS BOUNDARY BETWEEN THE LANDS OF THE FLOYD W. POSEY AND BECKY POSEY AND THE LANDS OF RICKY KAMPMANN AND MAE L. KAMPMANN AS STATED IN DECREE OF THE CIRCUIT COURT OF MARION COUNTY, ALABAMA, AND RECORDED IN DEED BOOK 418 AT PAGE 5 OF THE RECORDS OF THE JUDGE OF PROBATE OF MARION COUNTY, ALABAMA; THENCE RUN EAST, ALONG SAID HEDGEROW AND ALONG THE SOUTH SIDE OF SAID DRIVEWAY, A DISTANCE OF 662.61 FEET TO AN IRON PIN LOCATED IN THE FENCE LINE, WHICH SAID IRON PIN IS THE EASTERN TERMINUS OF SAID CONTERMINOUS BOUNDARY. FLOYD W. POSEY AND BECKY POSEY RESERVE ALL RIGHTS OF OWNERSHIP AND USE OF THE DRIVEWAY, INCLUDING THE RIGHT TO CONVEY TO OTHER PARTIES THE RIGHT TO USE THE DRIVEWAY. THE GRANT OF THIS EASEMENT TO THE USE OF THIS DRIVEWAY TO LARRY ELLIS AND GLENDA ELLIS IS INTENDED TO CREATE A JOINTLY OWNED DRIVEWAY, WHICH INCLUDES THE REQUIREMENT OF JOINT MAINTENANCE AND REPAIR. Said legal description being controlling, however the property is more commonly known as 824 COUNTY HIGHWAY 67, GUIN, AL 35563. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. 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 in the county where the above-described property is situated. This property will be sold subject to the right of redemption of all parties entitled thereto and subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable). This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate. This sale is subject to postponement or cancellation.
