NOTICE OF SALE UNDER POWER
FORECLOSURE NOTICE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Mortgage from BERNARD W DAUGETTE & WANDA DAUGETTE, HUSBAND AND WIFE to JIM WALTER HOMES, INC., on the 21st day of July, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, on October 2, 2006, at Instrument Number 3256359, Etowah County, Alabama Records, said Mortgage having subsequently been transferred and assigned to The Bank of New York Mellon, as Indenture Trustee, for Mid-State Capital Corporation 2006-1 Trust, by instrument recorded in the aforesaid Probate Office; notice is hereby given that the undersigned The Bank of New York Mellon, as Indenture Trustee, for Mid-State Capital Corporation 2006-1 Trust, 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 at the Main Entrance to the Etowah County Courthouse, 800 Forrest Avenue, Gadsden, AL 35901 in Gadsden, Etowah County, Alabama, on July 22, 2026, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN ETOWAH COUNTY, ALABAMA. COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 11 SOUTH, RANGE 4 EAST; THENCE N 0°38'18"W 660.43 FEET TO AN EXISTING IRON; THENCE N 87°27'03"W 273.14 FEET TO AN IRON 1/2" CAPPED REBAR SET AND THE POINT OF BEGINNING; THENCE S 0°38'18"E 124.88 FEET TO AN IRON 1/2" CAPPED REBAR SET; THENCE N 87°27'03"W 746.73 FEET TO AN IRON 1/2" CAPPED REBAR SET ON THE EAST R.O.W. OF SHADY GROVE ROAD; THENCE ALONG CURVE TO THE RIGHT WITH A DELTA ANGLE OF 04°37'32" HAVING RADIUS OF 1858.01 FEET, ARC LENGTH OF 150.00 FEET, WITH CHORD BEARING AND DISTANCE OF N 36°18'04"E 149.96 FEET, TO AN EXISTING IRON ON SAID R.O.W.; THENCE S 87°27'03"E 656.47 FEET BACK TO THE POINT OF BEGINNING, CONTAINING 2 ACRES MORE OR LESS. SAID LAND LYING IN THE NE 1/4 OF THE NW 1/4 OF SEC. 1, T-11-S, R-4-E, ETOWAH COUNTY, ALABAMA. ALSO A 30 FT. R.O.W., THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 11 SOUTH, RANGE 4 EAST; THENCE N 0°38'18"W 660.43 FEET TO AN EXISTING IRON; THENCE N 87°27'03"W 273.14 FEET TO AN IRON 1/2" CAPPED REBAR SET; THENCE S 0°38'18"E 124.88 FEET TO AN IRON 1/2" CAPPED REBAR SET, THENCE N 87°27'03"W 706.73 FEET TO ON IRON 1/2" CAPPED REBAR SET AND THE POINT OF BEGINNING OF THE CENTERLINE OF SAID R.O.W.; THENCE S 58°34'56"W 80.24 FEET TO AN IRON 1/2" CAPPED REBAR SET ON THE EAST R.O.W. OF SHADY GROVE ROAD AND THE POINT OF ENDING OF THE CENTERLINE OF SAID 30 FT. R.O.W. THE IMPROVEMENTS THEREON BEING KNOWN AS 1040 SHADY GROVE ROAD, BOAZ, ALABAMA - 35956.
Said legal description being controlling, however the property is more commonly known as 1040 SHADY GROVE RD, BOAZ, AL 35956.
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, and to purchaser’s tendering to Rubin Lublin, LLC, anti-money laundering information as required pursuant to the FinCEN Real Estate Report Rule. Failure to provide information, could result in rescission of the sale.
The Bank of New York Mellon, as Indenture Trustee, for Mid-State Capital Corporation 2006-1 Trust, 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
3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071
Telephone Number: (877) 813-0992 Case No. SHP-26-02283-1
Ad Run Dates: 06/11/2026, 06/18/2026, 06/25/2026
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