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L4147 NOTICE OF DEFAULT AND SALE OF SEIZURE WHEREAS on September 30, 2009, a certain mortgage was executed by John Council Martin II, a married man, as mortgagor, in favor of Bank of America, NA, as as mortgagee, and was registered on October 15, 2009, in OFFR Book C124, Page 933; and thereafter transferred and assigned on October 1, 2012 to Nationstar Mortgage LLC D / B / A Champion Mortgage Company, and said assignment being recorded on October 10, 2012 in the book OFFR 299, page 368; and re-recorded on May 7, 2014 in the book OFFR 318, page 761; and recorded again on 1/7/2014 in the book OFFR 320, page 478; and subsequently transferred and assigned on June 24, 2014 to BANK OF AMERICA, NA, and said assignment being recorded on July 2, 2014 in the book OFFR 320, page 520; and subsequently transferred and assigned on May 14, 2015 to the Secretary of Housing and Urban Development, and said assignment being recorded on May 29, 2015 in the OFFR 330 book, page 786; and WHEREAS the mortgage was insured by the Secretary of Housing and Urban Development (“the Secretary”) under the National Housing Act for the purpose of providing single family housing; and WHEREAS a breach was made to the terms and conditions of the mortgage which remains entirely unpaid at the date of this notice, and no payment has been made to restore the loan in question in value; and WHEREAS the total amount overdue as of August 16, 2021 is $ 551,822.67; and WHEREAS, by virtue of this default, the Secretary declared immediately due and payable the total amount of the debt secured by the mortgage; THEREFORE, pursuant to the powers conferred on the undersigned by the Single Family Mortgage Foreclosure Act of 1994 (“the Act”), 12 USC 3741 et seq., By 24 CFR Part 27, Subpart B, and by the designation by the Secretary of the undersigned as foreclosure commissioner, by deed registered on August 20, 2021 in the book OFFR 418, page 466, the aforementioned records, notice is hereby given that on October 26, 2021, between 11:00 a.m. and 4:00 p.m. 12:00 am local time, all real and personal property located or used in the premises described below (“the Property”) will be auctioned off to the highest bidder: Begin at the northwest corner of the intersection of North Midway Street and Parish Street; from there head north 1 degree 00 minutes west along the west side of North Midway Street, 156 feet; thence north 89 degrees 21 minutes west along the Crews Johnson lot line 343.8 feet; thence south 00 degrees 57 minutes east 161.3 feet to Parish Street; thence north 89 degrees 49 minutes east 343.8 feet along the north side of Parish Street to the point of commencement. Less and less: Any part described in the Deed of Guarantee from John C. Martin, II, to Clifford E. McLendon and J. Carolyn McLendon dated November 16, 2006, and recorded in Book C121, page 938, in Barbour County, Alabama, Estates Judge’s office records. Said leaflet is located in Barbour County, Alabama. Commonly known as: 68 N Midway St., Clayton, AL 36016 The sale will take place at the Barbour County Courthouse in Eufaula, Alabama. The secretary will bid for $ 558,437.41 plus fees and costs associated with the sale. There will be no pro-rata taxes, rents or other income or debts, except that the buyer will pay, at or before closing, his pro-rata share of the property taxes that have been paid by the Secretary to the date of forced sale. When making their offers, all bidders, with the exception of the secretary, must remit to the undersigned a deposit totaling $ 55,843.74 (10% of the secretary’s offer) in the form of a certified check or cashier’s check. payable to the secretary of HUD. Each oral offer does not need to be accompanied by a deposit. If the successful bid is oral, a deposit of $ 55,843.74 equivalent to 10% must be presented before auction closing. DEPT IS NON-REFUNDABLE. The remainder of the purchase price must be delivered within 30 days of the sale or such other time as the Secretary can determine for cause, time being of the essence. This amount, like bid bonds, must be remitted in the form of a certified check or cashier’s check. If the Secretary is the highest bidder, he does not have to pay the amount of the auction in cash. The successful tenderer will pay all transfer fees, property taxes and other taxes due from delivery of the remainder of the payment, as well as all other costs associated with the transfer of ownership. At the conclusion of the sale, the deposits of unsuccessful bidders will be returned. The secretary may grant an extension of the time limit for remitting the remainder of the payment. All extensions will be for 15 day increments for a designated fee of 500.00, paid in advance. The extension fee will be in the form of a certified check or cashier’s check payable to the secretary of HUD. If the highest bidder concludes the sale before the expiration of an extension period, the unused portion of the extension fee will be applied to the amount due. If the highest bidder is not able to complete the sale within the required time or within the time granted by the secretary, he may be required to forgo the cash deposit or, the election of the foreclosure commissioner after consultation. The HUD Field Office Representative will be responsible to HUD for all costs incurred as a result of such failure. The Commissioner may, on the instruction of the representative of the local HUD office, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based on a right of redemption, with the mortgagor (s) or others, following a foreclosure effected in accordance with the Law. Therefore, the foreclosure commissioner will issue a deed to the buyer (s) upon receipt of the full purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The planned foreclosure sale must be canceled or postponed if it is established, by a documented written request from the mortgagor to the foreclosure commissioner at least 3 days before the date of the sale, or otherwise, that the default or defects on which the foreclosure is based on did not exist at the time of service of this notice of default and sale of foreclosure, or all amounts owed under the mortgage contract are remitted to the foreclosure commissioner, in the form of a certified check or cashier payable to secretary of HUD before property auction is complete. The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $ 558,437.41 as of October 26, 2021, plus any other amounts that would be due under the mortgage agreement if payments under the ‘mortgage had not been expedited, publicity fees and postage incurred in giving the notice, mileage by the most reasonable road distance for posting notices and / or the presence of the foreclosure commissioner sale, reasonable and customary costs incurred for title and lien searches, necessary out-of-pocket costs incurred by the foreclosure commissioner for registering documents, a commission for the foreclosure commissioner and all charges other costs incurred as part of the foreclosure prior to reinstatement. Offer to pay by certified or cashier’s check or request to cancel the foreclosure sale should be submitted to the foreclosure commissioner’s address listed below. Date: September 29, 2021 Prepared by: Jason Tingle Jauregui & Lindsey, LLC Foreclosure Commissioner 244 Inverness Center Drive Suite 200, Birmingham, AL 35242 Telephone: (205) 970-2233 Fax: (205) 970-3886


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