MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joe K. McClain and Pam McClain, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Home Loans, Inc., on the 24th day of June, 2004, said mortgage recorded in the Office of the Judge of Probate of Cullman County, Alabama, in Book 1389, Page 786; the undersigned The Bank of New York Mellon fka the Bank of New York as Successor Indenture Trustee to JPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity Loan Trust, Series 2004-I, 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 at Cullman, Cullman County, Alabama, on December 31, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Cullman County, Alabama, to-wit: Commence at the Northwest corner of the Southwest Quarter of the Northeast Quarter Section 12, Township 9 South, Range 3 West, thence South 89 degrees 00 minutes East 330.64 feet to the point of beginning, thence South 9 degrees 15 minutes 51 seconds East 539.86 feet to an iron pin, thence South 79 degrees 21 minutes 50 seconds East 216.72 feet to an iron pin, thence North 1 degree 50 minutes 01 second West 568.2 feet to an iron pin, thence North 89 degrees 00 minutes West 281.78 feet to the point of beginning. Containing 3.0 acres, more or less. Also a the centerline of a 20 foot Right of Way more particularly described as follows: Commence at the Northwest corner of the Southwest Quarter of the Northeast Quarter Section 12, Township 9 South, Range 3 West, thence South 89 degrees 00 minutes East 330.64 feet to a point, thence South 9 degrees 15 minutes 51 seconds East to a point, thence North 2 degrees 44 minutes 06 West 134.32 feet to a point, thence North 2 degrees 43 minutes 04 seconds East 678.86 feet to a point on the South right of way of County Road Number 1387. Said land lying in the Northwest Quarter of the Northeast Quarter and Southwest Quarter of the Northeast Quarter, Section 12, Township 9 South, Range 3 West, Cullman County, Alabama. The hereinabove described real property being more particularly described as follows: All that part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 9 South, Range 3 West of the Huntsville Meridian, Cullman County, Alabama, more particularly described as Commencing at a 1/2 inch rebar found at the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 12; thence North 89 degrees 42 minutes 09 seconds East, 330.64 feet to the Point of Beginning; said point being a capped Tacon iron pin set over a bent 3/4 inch pipe. Thence from the Point of Beginning, continue North 89 degrees 42 minutes 09 seconds East, 281.77 feet to a 5/8 inch open pipe found; thence South 03 degrees 05 minutes 57 seconds East, 568.31 feet to a 3/4 inch galvanized pipe found; thence North 80 degrees 38 minutes 21 seconds West, 216.72 feet to a 3/4 inch galvanized pipe found; thence North 10 degrees 31 minutes 48 seconds West, 539.86 feet to the Point of Beginning and containing 3.10 acres more or less. Subject to any rights of ways, easements, or restrictions, recorded or unrecorded. Also use of a 20 foot right of way having a centerline described as follows: All that part of Section 12, Township 9 South, Range 3 West of the Huntsville Meridian, Cullman County, Alabama, more particularly described as Commencing at a 1/2 inch rebar found at the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 12, thence North 01 degrees 47 minutes 43 seconds West, 682.28 feet to the Point of Beginning. Said point being in the centerline of County Road 1387. Thence from the Point of Beginning along the centerline of an existing gravel driveway having the following calls: South 48 degrees 27 minutes 12 seconds East, 72.21 feet; thence South 02 degrees 37 minutes 14 seconds West, 583.55 feet; thence South 06 degrees 32 minutes 26 seconds West, 69.65 feet; thence South 00 degrees 23 minutes 08 seconds West, 84.41 feet to a point of curvature; thence around a curve to the left having a radius of 68.42 feet and a chord bearing and distance of South 45 degrees 43 minutes 16 seconds East, 90.66 feet to a point of tangency; thence South 82 degrees 41 minutes 57 seconds East, 96.60 feet; thence South 78 degrees 04 minutes 41 seconds East, 137.97 feet; thence South 75 degrees 58 minutes 05 seconds East, 82.00 feet to the end of the centerline of said right of way, said point being South 10 degrees 31 minutes 48 seconds East, 232.10 feet from the Northwest corner of the above 3.10 acre tract and on the West boundary of said tract. Property street address for informational purposes: 688 County Road 1387, Vinemont, AL 35179 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 OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO. 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 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. The Bank of New York Mellon fka the Bank of New York as Successor Indenture Trustee to JPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity Loan Trust, Series 2004-I, Mortgagee/Transferee Rebecca Redmond SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee www.sirote.com/foreclosures 296221 November 6, 13 and 20 2015
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