WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a mortgage from JUSTIN L. HERREN, AN UNMARRIED MAN, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR FIRST FEDERAL BANK, A FSB, on the 5th day of December, 2019, said mortgage recorded in the Office of the Judge of Probate of Pickens County, Alabama, on December 12, 2019, in Deed/Mortgage Book 353, Page 752 , Pickens County, Alabama Records, said Mortgage having subsequently been transferred and assigned to Citizens Bank NA, by instrument recorded in the aforesaid Probate Office; notice is hereby given that the undersigned Citizens Bank NA, 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 in front of the main entrance of the Courthouse in Carrollton, Pickens County, Alabama, on March 1, 2022, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Pickens County, Alabama, to-wit:
TRACT A: THAT PROPERTY ACQUIRED BY THE GRANTORS RECORDED IN REAL BOOK 230, AT PAGE 155, AND DESCRIBED AS FOLLOWS:
PARCEL I
THAT REAL PROPERTY DESCRIBED AS LOT #30 OF CYPRESS LAKE SUBDIVISION AN UNRECORDED SUBDIVISION BEING DESCRIBED AS FOLLOWS:
COMMENCE ON IRON STAKE AND PINE KNOT FOUND, BEING SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 17 WEST, PICKENS COUNTY, ALABAMA; RUN THENCE NORTH 2653.89 FEET, THENCE EAST 398.78 FEET TO AN IRON STAKE AT POINT OF BEGINNING THIS DESCRIPTION, RUN THENCE SOUTH 86 DEGREES 54 MINUTES 08 SECONDS WEST ALONG SOUTH EDGE EXISTING ROAD 100 FEET TO AN IRON STAKE, THENCE SOUTH 03 DEGREES 05 MINUTES 52 SECONDS EAST 319.81 FEET TO IRON STAKE, THENCE CONTINUE SOUTH 03 DEGREES 05 MINUTES 52 SECONDS EAST 76.81 FEET TO POINT IN WATER, THENCE NORTH 61 DEGREES 51 MINUTES 28 SECONDS EAST 110.38 FEET TO POINT IN WATER, THENCE NORTH 03 DEGREES 05 MINUTES 52 SECONDS WEST 70 FEET TO IRON STAKE, THENCE CONTINUE NORTH 03 DEGREES 05 MINUTES 52 SECONDS WEST 279.89 FEET TO POINT OF BEGINNING THIS DESCRIPTION.
ALL BEING PART OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 17 WEST, PICKENS COUNTY, ALABAMA. CONTAINING .86 ACRES, MORE OR LESS.
SUBJECT TO CORP EASEMENTS DESCRIBED AS, "ALL THAT PORTION OF FRACTIONAL SECTION 10, TOWNSHIP 21, RANGE 17 WEST, PICKENS COUNTY, ALABAMA, THAT LIES BELOW THE CONTOUR AT ELEVATION 138 FEET ABOVE MEAN SEA LEVEL.
PARCEL II
NON-EXCLUSIVE EASEMENT ESTATES SET FORTH IN INSTRUMENTS RECORDED IN BOOK 167, AT PAGE 791, AND BOOK 167, AT PAGE 793, RECORDS OF THE JUDGE OF PROBATE OF PICKENS COUNTY, ALABAMA.
TRACT B: THAT PROPERTY ACQUIRED BY THE GRANTORS RECORDED IN REAL BOOK 230, AT PAGE 160, AND DESCRIBED AS FOLLOWS:
PARCEL I
THE REAL PROPERTY DESCRIBED AS LOT #31 OF CYPRESS LAKE SUBDIVISION AN UNRECORDED SUBDIVISION BEING DESCRIBED AS FOL TO POINT WATER, THENCE SOUTH 78 DEGREES 40 MINUTES 43 SECONDS WEST 161.19 FEET TO POINT IN WATER, THENCE NORTH 03 DEGREES 05 MINUTES 52 SECONDS WEST 70 FEET TO IRON STAKE, THENCE CONTINUE NORTH 03 DEGREES 05 MINUTES 52 SECONDS WEST 279.89 FEET TO IRON STAKE AT POINT OF BEGINNING THIS DESCRIPTION.
ALL BEING PART OF SECTION 10, TOWNSHIP 21 SOUTH, RANGE 17 WEST, PICKENS COUNTY, ALABAMA. CONTAINING 1.21 ACRES, MORE OR LESS. SUBJECT TO CORP EASEMENTS DESCRIBED AS, "ALL THAT PORTION OF FRACTIONAL SECTION 10, TOWNSHIP 21 SOUTH, RANGE 17 WEST, PICKENS COUNTY, ALABAMA, THAT LIES BELOW THE CONTOUR AT ELEVATION 138 FEET ABOVE MEAN SEA LEVEL."
PARCEL II
NON-EXCLUSIVE EASEMENT ESTATES SET FORTH IN INSTRUMENTS RECORDED IN BOOK 167, AT PAGE 791, AND BOOK 167, AT PAGE 793, RECORDS OF THE JUDGE OF PROBATE OF PICKENS COUNTY, ALABAMA.
SUBJECT TO:
1. EASEMENT AND RESTRICTIONS OF RECORD.
2. TITLE TO ALL MINERALS IN, ON, AND UNDERLYING THE PREMISES TOGETHER WITH ALL MINING RIGHTS, PRIVILEGES AND IMMUNITIES INCLUDING, WITHOUT LIMITATION, ANY RELEASE FROM DAMAGES WHICH MAY HAVE HERETOFORE BEEN RESERVED OR GRANTED.
3. RESTRICTIONS CONTAINED IN EXHIBIT C IN REAL BOOK 32, PAGE 716.
4. BYLAWS OF CYPRESS LAKE PROPERTY OWNERS ASSOCIATIONS, INC., ARTICLES OF INCORPORATION OF SAME BEING RECORDED IN CORPORATE BOOK C8, AT PAGE 533 IN THE PROBATE OFFICE OF PICKENS COUNTY, ALABAMA.
Said legal description being controlling, however the property is more commonly known as 300 CYPRESS LAKE DR, PICKENSVILLE, AL 35447.
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.
Citizens Bank NA, Mortgagee/Transferee
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin, LLC, Attorney for Mortgagee/Transferee
200 Clinton Avenue West, Suite 406, Huntsville, AL 35801
Telephone Number: (877) 813-0992 Case No. CBN-21-01115-5