Public notices for the week of April 20-26

January 20, 2012 chris
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MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made in the indebtedness secured by that certain mortgage executed by James Taylor aka James Nathan Taylor and Denise Taylor, husband and wife to Mortgage Electronic Registration Systems, Inc acting solely as nominee for Gadsden Mortgage Services, Inc., its successors and assigns, dated May 5, 2009, said mortgage being recorded in Instrument No. 3313259, in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Cenlar FSB. The undersigned, Cenlar FSB, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, Alabama, during the legal hours of sale, on April 26, 2012, the following real estate, situated in Etowah County, Alabama, to-wit:


 


LOT NUMBER 11 IN BLOCK 2 OF LARKHAVEN, AS RECORDED IN PLAT BOOK G, PAGE 119, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.


Said property is commonly known as 230 Peteet Street, Rainbow City, AL 35906 The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Donna Taylor, James Nathan Taylor and Denise Taylor or tenant(s).


CENLAR FSB as holder of said mortgage


Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, GA 30329


(770) 234-9181


MSP File No. 559.J120 0814AL\l


THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


 


Mar 30, Apr 6, 13 & 20, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Osie Nelson and Annie Joann Nelson, husband and wife, to Ameriquest Mortgage Company, on May 18, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. #: M-2004-3174 and subsequently transferred and assigned to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R6, under the Pooling and Servicing Agreement dated June 1, 2004, and said assignment being recorded in Instrument Number 3308749; Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R6, under the Pooling and Servicing Agreement dated June 1, 2004, 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 Etowah County Courthouse, in Gadsden, Alabama, on April 27, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot numbers one (1) and three (3) in block number sixteen (16) in the Gadsden Land and Improvement Company`s Kyle Addition, according to the map or plat thereof recorded in Plat Book “A”, Page 23, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.


 


This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.


Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R6, under the Pooling and Servicing Agreement dated June 1, 2004


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


205-988-8888


 


Apr 6, 13 & 20, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed on March 18, 2008 by Cale Dennis and Kelly G. Dennis, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for MortgageAmerica, Inc, Corporation, and recorded in Instrument #3290985 on March 26, 2008, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Branch Banking and Trust Company as reflected by instrument recorded in Instrument #3364735 of the same Office. Shapiro and Ingle, L.L.C., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on April 26, 2012, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:


 


Lots number 1, 2, 3, 4, 5 and 6, Block 1 of the Horsley Heights Addition to the City of Boaz, Alabama, Etowah County, Alabama, said property lying and being in the City of Boaz, Etowah County, Alabama, and duly recorded in Plat Book G, page 317


 


For informational purposes only, the property address is: 941 AL Highway 205, Boaz, AL 35956.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, L.L.C. at the address indicated below.  Shapiro and Ingle, L.L.C. reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.


 


Branch Banking and Trust Company, and its successors and assigns


Mortgagee or Transferee


SHAPIRO AND INGLE, L.L.C.


10130 Perimeter Parkway, Suite 400


Charlotte, NC 28216


704-333-8107/ 12-002172


Attorneys for Mortgagee or Transferee


 


Apr 6, 13 & 20, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that mortgage dated May 20, 2005, in favor of The HomeTown Bank of Alabama, a corporation, and executed by Jonathan Morton and spouse, Donna Morton, which mortgage is recorded May 25, 2005, in  Doc#M-2005-2146, said mortgage was amended by Amendment to mortgage recorded December 16, 2005, in Doc. #Misc-2005-8210, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage and amendment to be due and payable as provided in said mortgage and amendment, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage and amendment, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on April 27, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:


 


Commence at the SW corner of the NW ¼ of the NE ¼ in Section 34, Township 11 South, Range 3 East of Huntsville Meridian, Etowah County, Alabama and run a tie line South 03°30’00” E, 391.20 feet to a point on the Northwest R/W line of Walnut Grove Road (60 R/W); thence deflect left and run in a Northeasterly direction, along said R/W, 224.90 feet to the point of beginning of the property herein described; thence from said point of beginning run North 52°08’08’ E, along said R/W, 353.10 feet to an existing pinch pipe; thence run North 01°19’32” W, leaving said R/W 482.05 feet to a point in the South line of the lands described in Deed Book 1167, Page 873, Probate Office, Etowah County, Alabama; thence run South 89°38’41’ W (North 89’29’00” W Deed), 53.00 feet along the South line of said Deed Book and Page to the Southwest corner thereof; thence run North 88°07’08’  W, 255.97 feet to a point; thence run South 03°30’00’ E, 708.03 feet to the point of beginning. Said property begin a portion of the NW ¼ of the NE ¼ and the SW ¼ of the NE ¼  in Section 34, Township 11 South, Range 3 East, Etowah County, Alabama. (W2J/32635)


 


Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2012, subject to Rights of the Alabama Power Company in Book 6-T, Page 224, Book 398, Page 369 and Book 1031, Page 603, subject to Easement to Hopper Telephone in Book 1016, Page 89, subject to any and all statutory rights of redemption, previous mortgages, if any, easements, rights of way, road or otherwise, title to all minerals and all restrictions and covenants of record.


JONES AND MILWEE, LLC


ATTORNEY AND AUCTIONEER


P. O. BOX 940


GUNTERSVILLE, AL   35976


 


Apr 6, 13 & 20, 2012


 


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


Default having been made in payment of the indebtedness secured by that certain mortgage executed by Joshua Morgan Davis, a single person, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Compass Bank, dated the 28th day of December, 2007; said mortgage is recorded in Instrument No. 3285980, in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Alabama Housing Finance Authority by assignment recorded in Instrument No. 3363899, in the Office of the Judge of Probate of Etowah County, Alabama. The undersigned, Alabama Housing Finance Authority, under and by virtue of the power of sale clause contained in said Mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Gadsden, Etowah County, Alabama, during the legal hours of sale, on the 26th day of April, 2012, the following real property, situated in Etowah County, Alabama, to-wit:


LOT NUMBER EIGHT (8) IN BLOCK NUMBER TWO (2) OF THE FIRST LAKEWOOD ADDITION TO RAINBOW CITY, ETOWAH COUNTY, ALABAMA, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK “G”, PAGE 387, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, LYING AND BEING IN RAINBOW CITY, ETOWAH COUNTY, ALABAMA. Said real property is commonly known as 104 Lakewood Circle, Rainbow City, AL 35906 The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage. Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Joshua Morgan Davis and/or tenant(s).


ALABAMA HOUSING FINANCE AUTHORITY as holder of said mortgage


Scott Lofranco


McCalla Raymer, LLC


Two North Twentieth 2 20th Street North, Suite 1310 Birmingham, AL 35203 (877) 508-0741 File No. 5011.1 105583AL\  LRJ www.foreclosurehotline.net


THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


 


Apr 6, 13 & 20, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Chad Kilpatrick a/k/a Chad Eugene Kilpatrick and his Wife, Amanda Kilpatrick to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s Successors and Assigns dated May 5, 2004, and Recorded in Doc. #: M-2004-2386 of the records in the Office of the Judge of Probate, Etowah County, Alabama; which said mortgage was subsequently assigned to Bank of America, N. A. Successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP by instrument recorded in Instrument No. 3362227 in said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on May 7, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


That part of a strip of land being 550 feet + of equal width across the North side of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 10 South, Range 5 East in Etowah County, Alabama, and being more particularly described as follows:  Beginning at the Northwest corner of the Northwest 1/4 of the Southeast 1/4 of said Section 18; thence South 85 degrees 37 minutes 56 seconds East along the North line of said forty a distance of 335.1 feet to a capped metal marker; thence South 03 degrees 57 minutes 05 seconds West a distance of 130.0 feet to a capped metal marker; thence North 85 degrees 37 minutes 57 seconds West a distance of 335.1 feet a Railroad spike set in the West line of said forty; thence North 03 degrees 57 minutes 05 seconds East along the said West line a distance of 130.0 feet to the Point of Beginning and containing 1.0 acre, more or less.  Subject to outstanding Road and Utility Easements, according to the Survey prepared by John F. Corbin, PLS #11081, dated August 21, 2003.


 


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 THE PROBATE 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.


                Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.


                The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.


Bank of America, N. A.


Mortgagee


 


Beth McFadden Rouse


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Denita Mozingo and James D. Mozingo, wife and husband, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, on the 28th day of May, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3295400; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association; the undersigned JPMorgan Chase Bank, National Association , 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 Gadsden, Etowah County, Alabama, on May 14, 2012, 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:


 


Commence at the Northeast corner of the Northeast Quarter of the Northwest Quarter, Section 25, Township 11 South, Range 6 East, and run Southerly along the East line of the Northeast Quarter of the Northwest Quarter a distance of 450.00 feet; thence deflect 64 Degrees 44 Minutes right and run in a Southwesterly direction a distance of 702.6 feet to the Southwest corner of the original Bittle Tract which is the point of beginning; from said point of beginning, deflect 91 Degrees 59 Minutes right and run a distance of 409.15 feet to a point on the Southeasterly right of way line of U.S. Highway 411(Gadsden-Centre Highway); thence deflect 79 Degrees 26 Minutes right and run Northeasterly along the Southeasterly right of way line of U.S. Highway 411 a distance of 102.45 feet; thence deflect 100 Degrees 00 Minutes right and run a distance of 424.35 feet; thence deflect 88 Degrees 35 Minutes right and run Southwesterly a distance of 105.0 feet to the point of beginning. Said parcel of land being a portion of the Northeast Quarter of the Northwest Quarter, Section 25, Township 11 South, Range 6 East, lying and being in Gadsden, Etowah County, Alabama.


 


Property Street Address: 2535 Ewing Ave, Gadsden, AL  35901


 


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.


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.


JPMorgan Chase Bank, National Association , Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


211249


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William Howard Osborn and Joan Ruth Osborn, husband and wife, to JPMorgan Chase Bank, N.A., on the 11th day of April, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3245765; the undersigned JPMorgan Chase Bank, National Association, 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 Gadsden, Etowah County, Alabama, on May 7, 2012, 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 those certain parcels of land situate in the County of Etowah, State of Alabama being known and designated as follows:


Parcel l (Deed Book 1412 Page 347):


Lot 137 of the Country Club Subdivision, Boaz, Alabama, Etowah County, Alabama, as the same appears of record in the Probate Records of Etowah County, Alabama, at Page 33 of Plat Book 1.


Being the same property as conveyed from Melvyn A. Barham and wife, Betty Jean Barham a/k/a Betty Gene Barham to William Howard Osborn and wife, Joan Ruth Osborn, as described in Deed Book 1412, Page 347, Dated 10/12/1984, Recorded 10/17/1984 in Etowah County Records.


Parcel 2 (Deed Book 1475 Page 151):


Lot 138, Country Club Subdivision, Etowah County, Alabama as shown by map or plat of said subdivision on file and of record in the Office of the Judge of Probate of Etowah County, Alabama in Book I at Pages 32 and 33.


Being the same property as conveyed from Clark Enterprises and Valco Inc. to William H. Osborn and wife, Joan R. Osborn, as described in Deed Book 1475 Page 151, Dated 09/30/1986, Recorded 12/29/1986 in Etowah County Records.


Parcel 3 (Deed Book 1475 Page 180):


The West Half of Lot 139, Country Club Subdivision, Etowah County, Alabama, as shown by map or plat of said subdivision on file and of record in the Office of the Judge of Probate of Etowah County, Alabama in Book I at Pages 32 and 33.


Being the same property as conveyed from Clark Enterprises and Valco Inc. to William H. Osborn and wife, Joan R. Osborn, as described in Deed Book 1475 Page 180, Dated 03/21/1986, Recorded 12/31/1986 in Etowah County Records.


Property Street Address: 109 Fairway Cir, Boaz, AL  35956


 


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.


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.


JPMorgan Chase Bank, National Association, Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


252009


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made in the indebtedness secured by that certain mortgage executed by Michael D Smith and wife Angela K Smith to Mortgage Electronic Registration Systems, Inc. as nominee for State Farm Bank, F.S.B., its successors and assigns dated August 20, 2007 said mortgage being recorded in Instrument No. 3278840 in the Office of the Judge of Probate of Etowah County, AL. Said Mortgage was last sold, assigned and transferred to State Farm Bank FSB. The undersigned, State Farm Bank FSB, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, AL during the legal hours of sale, on May 10, 2012 the following real estate, situated in Etowah County, AL, to-wit:


 


Five (5) acres in a square in the NW corner of the NE ¼ of the SW ¼ of Section 3, Township 11 South, Range 5 East, lying and being in Etowah County, Alabama, together with all improvements located thereon. Less and Except: Commencing at the Northwest corner of the Northeast ¼ of the Southwest ¼ of Section 3, Township 11 South, Range 5 East; Thence East along the North line of said forty 466.69 feet, more or less, to the Northeast corner of five (5) square acres in the Northwest corner of said forty and being the Northeast corner of that certain property described in that certain deed recorded in Book 558, Page 55 in Probate Office for Etowah County, Alabama; Thence South 170 feet more or less, to the point of beginning of the property herein described; Thence continue South 80 Feet; Thence West 150 feet; Thence North 80 feet; Thence East 150 feet to the point of beginning containing 0.28 acres, more or less in the Northeast ¼ of Southwest ¼ of Section 3, Township 11 South, Range 5 East, in Etowah County, Alabama, less all mineral rights and interest located therein. Less and Except: Begin at a rock with X at the Northwest corner of the NE ¼ of the SW ¼, Section 3, Township 11 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama and run North 89º 28’01” East, along the North line of said Quarter, 392.69 feet to a point on the Westerly right-of-way of Mountainview Drive (60.00 foot R/W); Thence leaving said North line , run a chord bearing and distance along said right-of-way South 35º 05′ 13″ East, 99.11 feet to a “Denham” capped rebar: Thence leaving said right-of -way, run South 75º 31′ 10″ West, 129.19 feet to a “Denham” capped rebar; Thence run South 51º 56′ 37″ West, 411.79 feet to a point in the West line of said Quarter; Thence run north 00º 03′ 01″ West along said West line, 363.59 feet to the point of beginning. Said property being a portion of the NE ¼ of the SW ¼ of Section 3, Township 11 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama and contains 2.00 acres (more or less).The address being 1695 Mountainview Drive, Attalla, AL 35954. Less and Except: For a Point of Beginning: Commence at the Southwest corner of Lot Number One (1), Carlisle Acres Subdivision, according to the map or plat thereof, recorded in Plat Book K, Page 49, Probate Office, Etowah County, Alabama: Thence run North 85 degrees 04 minutes 06 seconds West a distance of 39.59 feet (Plat), 39.81 feet (Field) to a point, Thence run South 05 degrees 12 minutes 06 seconds East a distance 81.91 feet to a point: Thence run south 05 degrees 11 minutes 34 seconds East a distance of 100.00 feet to a point; Thence deflect right 05 degrees 55 minutes 00 seconds and run Southeasterly a distance of 169.57 feet to a point; Thence deflect right 90 degrees 00 minutes 00 seconds and run Westerly a distance of 105.00 feet to the point of beginning; Thence continue Westerly a distance of 105.00 feet to a point; Thence deflect left 90 degrees 00 minutes 00 seconds and run Southerly a distance of 110.00 feet, more or less, to a point; Thence deflect left 90 degrees 00 minutes 00 seconds and run Easterly a distance of 105.00 feet to a point; Thence deflect left 90 degrees 00 minutes 00 seconds and run Northerly a distance of 110.00 feet more or less, to the point of Beginning, said Tract embracing a portion of northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼), Section 3, Township 11 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. Less and Except: For a Point of Beginning: Commencing at the Southwest corner of Lot Number One (1), Carlisle Acres Subdivision, according to the map or plat thereof, recorded in Plat Book K, Page 49, Probate Office, Etowah County, Alabama; Thence run North 85 degrees 04 minutes 06 seconds West a distance of 39.59 feet (Plat), 39.81 feet (Field) to a point, Thence run South 05 degrees 12 minutes 06 seconds East a distance of 81.91 feet to a point; Thence run South 05 degrees 11 minutes 34 seconds East a distance of 100.00 feet to a point; Thence deflect right 05 degrees 55 minutes 00 seconds and run Southeasterly a distance 169.57 feet to the point of Beginning; Thence deflect right 90 degrees 00 minutes 00 seconds and run Westerly a distance 105.00 feet to a point; Thence deflect 90 degrees 00 minutes 00 seconds and run Southerly a distance 110.00 feet, more or less, to a point; Thence deflect 90 degrees 00 minutes 00 seconds and run Easterly a distance of 105.00 to an iron pin set: Thence deflect left 90 degrees 00 minutes 00 seconds and run Northerly a distance of 110.00 feet, more or less to the Point of Beginning, said Tract embracing a portion of Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼), Section 3, Township 11 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. Less and Except: For a Point of Beginning: Commence at the Southwest corner of Lot Number One (1), Carlisle Acres Subdivision, according to the map or plat thereof, recorded in Plat Book K, Page 49, Probate Office, Etowah County, Alabama; Thence run North 85 degrees 04 minutes 06 seconds West a distance of 39.59 feet (Plat), 39.81 feet (Field) to a point, Thence run South 05 degrees 12 minutes 06 seconds East a distance of 81.91 feet to the Point of Beginning; Thence run South 75 degrees 31 minutes 54 seconds West distance of 129.20 feet to a point: Thence run North 20 degrees 48 minutes 06 seconds West distance 103.96 feet to a point; Thence run South 77 degrees 30 minutes 54 seconds West a distance of 183.34 feet to a point; Thence run South 07 degrees 54 minutes 54 seconds West a distance 133.75 feet to a point; Thence run North 88 degrees 48 minutes 56 seconds East a distance 368.59 feet to a point; Thence run north 05 degrees 11 minutes 34 seconds West a distance of 100.00 feet to the Point of Beginning, said Tract embracing a portion of Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼), Section 3, Township 11 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama, containing 1.00 acre, more or less. Less and Except: Easement to Property 14 feet wide: For a point of Beginning: Commence at the southwest corner of Lot Number One (1), Carlisle Acres Subdivision, as recorded in Plat Book “K” Page 49, Probate Office, Etowah County, Alabama; Thence run North 85 degrees 04 minutes 06 seconds West a distance of 39.81 feet (Field), 39.59 feet (Plat) to a point; Thence run South 05 degrees 12 minutes 06 seconds East a distance of 181.91 feet to the Point of Beginning; Thence run North 84 degrees 47 minutes 54 seconds East a distance of 6.93 feet to a point in the centerline of driveway a distance of 76.46 feet to a point; Thence run North 21 degrees 19 minutes 54 seconds East a distance of 45.16 feet to the centerline of Mountainview Drive and termination point of said easement of said property, being 14.00 feet wide, more or less said drive being portion of the Northeast Quarter (NE ¼) of Southwest Quarter (SW ¼), Section 3, Township 11 South, Range 5 East of Huntsville Meridian, Etowah County, Alabama. And also conveyed is: An easement for ingress and egress along an existing road, starting in the NE corner of the NW ¼ of the NE ¼ of the SW ¼ of Section 3, Township 11 South, Range 5 East, to serve the above described property, lying and being in the NW ¼ of the NE ¼ of the SW ¼, Section 3, Township11 South, Range 5 East, Probate Office, Etowah County, Alabama. Said property is commonly known as 50 Hudgins Dr, Attalla, AL 35954. The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Michael D Smith and Angela K Smith or tenant(s).


STATE FARM BANK FSB as holder of said mortgage


Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, Georgia 30329


(770) 234-9181 (770) 234-9192


File No. 1119512


THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Fatima Baba Colon, unmarried, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Gadsden Mortgage Services, Inc., on the 26th day of February, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc. # M-2004-0775; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association; the undersigned JPMorgan Chase Bank, National Association , 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 Gadsden, Etowah County, Alabama, on May 7, 2012, 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:


 


Lot Number Nine (9) in Block “B”, of the Bonnie Nowlin Subdivision to East Gadsden, Alabama, according to the map or plat thereof as recorded in Plat Book “D”, Page 41, Probate Office, Etowah County, Alabama and lying and being in East Gasden, Alabama.


 


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.


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.


JPMorgan Chase Bank, National Association , Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


213641


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Lesley W. Colvin and Jodi L. Colvin, Husband and Wife to New America Financial, Inc. dated July 28, 1998, and Recorded in Book 1998, Page 246, Doc. #: M-1998-3600 of the records in the Office of the Judge of Probate, Etowah County, Alabama; which said mortgage was subsequently assigned to GMAC Mortgage, LLC successor by merger to GMAC Mortgage Corporation by instrument recorded in Book 2000, Page 94, Doc #:Misc-2000-1693 in said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on May 7, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


Lot 12 in Berkley Hills Subdivision, according to the Map or Plat thereof recorded in Plat Book “J” at Pages 38, Probate Office of Etowah County, Alabama, and lying and being in Southside, Etowah County, Alabama.


 


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 THE PROBATE 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.


                Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.


                The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.


GMAC Mortgage, LLC


Mortgagee


Beth McFadden Rouse


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by John Eder and Theresa Eder, husband and wife, to Long Beach Mortgage Company, on the 28th day of January, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc. #: M-2004-0657; said mortgage having subsequently been transferred and assigned to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-2, by instrument recorded in Instrument Number 3341862, in the aforesaid Probate Office; the undersigned Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-2, 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 Gadsden, Etowah County, Alabama, on May 7, 2012, 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:


 


Lot 1, Belmar Estates, according to map or plat thereof recorded in Plat Book G, Page 193 of the Public Records of Etowah County, Alabama.


 


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.


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.


Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2004-2, Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


194068


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Timothy Patrick Huselton and Denise A. Huselton, husband and wife to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns, dated December 31, 2008, and Recorded in Instrument No. 3306687 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countywide Home Loans Servicing, LP by instrument recorded in Instrument No. 3349945 in the Office of the Judge of Probate of Etowah County, Alabama; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on May 4, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


LOT NUMBER TWO (2) IN RAINBOW ESTATES, 4TH ADDITION, RAINBOW CITY, ALABAMA AS RECORDED IN PLAT BOOK “J”, PAGE 14, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA.


 


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 THE PROBATE 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.


                Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.


Bank of America, N.A.


Mortgagee


William S. McFadden


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


Apr 13, 20 & 27, 2012


 MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Chad Kilpatrick a/k/a Chad Eugene Kilpatrick and his Wife, Amanda Kilpatrick to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s Successors and Assigns dated May 5, 2004, and Recorded in Doc. #: M-2004-2386 of the records in the Office of the Judge of Probate, Etowah County, Alabama; which said mortgage was subsequently assigned to Bank of America, N. A. Successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP by instrument recorded in Instrument No. 3362227 in said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on May 7, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


That part of a strip of land being 550 feet + of equal width across the North side of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 10 South, Range 5 East in Etowah County, Alabama, and being more particularly described as follows:  Beginning at the Northwest corner of the Northwest 1/4 of the Southeast 1/4 of said Section 18; thence South 85 degrees 37 minutes 56 seconds East along the North line of said forty a distance of 335.1 feet to a capped metal marker; thence South 03 degrees 57 minutes 05 seconds West a distance of 130.0 feet to a capped metal marker; thence North 85 degrees 37 minutes 57 seconds West a distance of 335.1 feet a Railroad spike set in the West line of said forty; thence North 03 degrees 57 minutes 05 seconds East along the said West line a distance of 130.0 feet to the Point of Beginning and containing 1.0 acre, more or less.  Subject to outstanding Road and Utility Easements, according to the Survey prepared by John F. Corbin, PLS #11081, dated August 21, 2003.


 


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 THE PROBATE 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.


                Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.


                The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.


Bank of America, N. A.


Mortgagee


 


Beth McFadden Rouse


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


Apr 13, 20 & 27, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Richard A. Tucker and wife, Jennifer R. Tucker, to The Bank, on the 28th day of December, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc M-2004, Page 5636, modified by Loan Modification in Doc. M-2005-3904;; said mortgage having subsequently been transferred and assigned to Trustmark National Bank, by instrument recorded in Instrument Number 3337654, in the aforesaid Probate Office; the undersigned Trustmark National Bank, 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 Gadsden, Etowah County, Alabama, on June 4, 2012, 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:


 


Commence at an existing half inch rebar at the Point of intersection of the East line of Fraction “O”, Section 7, Township 13 South, Range 6 East of the Huntsville Meridian with the Northwesterly right of way of Cedar Bend Road ( 50 foot Right of Way) and run North 01 degree 00 minutes 54 seconds East along the East line of Fraction “O” and “G”, 566.10 feet to the Point of Beginning of the property described herein; thence continue North 01 degree 00 minutes 54 seconds East along said East line, 114.75 feet to a point; thence run South 85 degrees 18 minutes 21 seconds West leaving said East Line, 495.20 feet to a point on the Easterly R/W of Buck Haven Drive (60 foot Right of Way); thence run North 02 degrees 26 minutes 37 seconds East, along said Right of Way, 4.97 feet to a point of curve to the left having a radius of 467.38 feet, an arc length of 130.88 feet and an angle of 16 degrees 02 minutes 40 seconds to a point; thencee run North 82 degrees 41 minutes 07 seconds East, leaving said Right of Way, 473.35 feet to the Point of Beginning, said property being a portion of Fraction “G”, Section 7, Township 13 South, Range 6 East, Etowah County, Alabama.


 


Property Street Address: 2823 Buck Haven Drive, Southside, AL  35907


 


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.


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.


Trustmark National Bank, Mortgagee/Transferee


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


182243


 


Apr 20, 27 & May 4, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Lois Faye Dye and Randall S. Dye, wife and husband, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Homecomings Financial Network, Inc., on the 19th day of July, 2002, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc M 2002-3412; said mortgage having subsequently been transferred and assigned to Nationstar Mortgage LLC , by instrument recorded in Instrument Number 3347927, in the aforesaid Probate Office; the undersigned Nationstar Mortgage 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, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on May 21, 2012, 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:


 


Lot Number 2 in Parcel Number 3 of Cone Mills Corporation, Dwight Division, as recorded in Plat Book F, Page 55, Probate Office, Etowah County, Alabama.


 


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.


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.


Nationstar Mortgage LLC , Mortgagee/Transferee


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


250148


 


Apr 20, 27 & May 4, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of that certain Note and in the terms of that certain Mortgage executed by Robert Cheirs and Barbie Cheirs, as husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 27th day of August, 2009, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, under Instrument Number 3319475; said Mortgage having subsequently been transferred and assigned by Mortgage Electronic Registration Systems, Inc., (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated February 10, 2012 and recorded in said Probate Office under Instrument Number 3362345.  The undersigned, Alabama Housing Finance Authority, as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on May 22, 2012, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:


Lot #5 in Block I, as shown on the map of the rearrangement of parts of Lots H and I of Pinehurst Addition to East Gadsden, recorded in Plat Book E, Page 147, in the Probate Office of Etowah County, Alabama.


 


This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.


RUSHTON, STAKELY, JOHNSTON


& GARRETT, P.A.


Bowdy J. Brown                  


184 Commerce Street          


Montgomery, Alabama 36104


Our File No.: 7704-2002


ATTORNEYS FOR ASSIGNEE


ALABAMA HOUSING FINANCE AUTHORITY


ASSIGNEE


 


Apr 20, 27 & May 4, 2012


 


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


Default having been made in payment of the indebtedness secured by that certain mortgage executed by John W. McCurry, Jr., an unmarried man, to Mortgage Registration Systems, Inc., acting solely as nominee for Peoples Independent Bank, dated the 15th day of September, 2006; said mortgage is recorded in Instrument No. 3255588, in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Alabama Housing Finance Authority by assignment recorded in Instrument No. 3364009, in the Office of the Judge of Probate of Etowah County, Alabama. The undersigned, Alabama Housing Finance Authority, under and by virtue of the power of sale clause contained in said Mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Gadsden, Etowah County, Alabama, during the legal hours of sale, on the 17th day of May, 2012, the following real property, situated in Etowah County, Alabama, to-wit:


Lot Number Ten (10) in Block Number Three (3) of Rickles Addition No. 2 to the Town of Altoona, Etowah County, Alabama, and a parcel of land 25 feet wide by 100 feet deep adjacent to the west side of said lot; the map or plat of said Rickles Addition No. 2 as recorded in Plat Book “A”, page 400 in the Probate Office of Etowah County, Alabama, does not show said Lot Number Ten (10) in Block Number Three (3) but same appears on an unrecorded plat or map, and the real estate herein described includes the adjacent 25 by 100 feet parcel, and can be located on map or plat of said Rickles Addition No. 2, as found in Plat Book “A”, page 400 in the following manner, as is more, particularly described as follows: Begin at the point where the west side of First Street intersects the south side of the public road which runs generally east and west along the northerly boundary of the map or plat of Rickles Addition No. 2, as recorded in Plat Book “A”, page 400 in the Probate Office of Etowah County, Alabama, which said public road is now known as College Street in the City of Altoona, Etowah County, Alabama; from said point of beginning, run in a westerly direction and along the south line of said public road (College Street) a distance of approximately 205 feet, to the point where the south line of said public road (College Street) intersects the west line of the NE 1/4 of the NE 1/4 of Section 4, Township 12 South, Range 3 East of Huntsville Meridian; thence run in a southerly direction and along the west line of said quarter a distance of 100 feet to a point; thence run in an easterly direction and on a line parallel with the south side of the aforementioned public road (College Street) a distance of approximately 205 feet to the point where said line intersects the west side of First Street, as shown on the aforesaid plat; thence run in a northerly direction and along the west line of First Street a distance of 100 feet to the point of beginning, said description embracing portions of the NE1/4 of the NE 1/4 of Section 4, Township 12 South, Range 3 East of Huntsville Meridian, and lying and being in Altoona, Etowah County, Alabama, and being the same property heretofore conveyed by deeds recorded in the Probate Office of Etowah County, Alabama in Book 3-F, page 496; Book 3-F, page 491; Book 6-0, page 333; Book 6-V, page 436; and Book 932, page 89, and by unrecorded deed dated April 4, 1919, from V.B. Dunn and wife, Emma Dunn to Clyde Thornhill with mineral rightsreserved as in former deeds, together with all improvements located thereon and being one and the same property as a parcel described in that certain deed in lieu of foreclosure recorded in Doc #D-1999-1813, in the Office of the Judge of Probate of Etowah County, Alabama. Said real property is commonly known as 2775 College Street, Altoona, AL 35952 The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage. Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is John W. McCurry, Jr. and/or tenant(s).


ALABAMA HOUSING FINANCE AUTHORITY as holder of said mortgage


Scott Lofranco


McCalla Raymer, LLC


Two North Twentieth 2 20th Street North, Suite 1310


Birmingham, AL 35203


(877) 508-0741


File No. 5011. 1200442 AL\ LRJ www.foreclosurehotline.net THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


 


Apr 20, 27 & May 4, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Scott Tempel and Nancy H. Tempel, husband and wife to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s successors and assings, dated December 10, 2001, and Recorded in Doc. No. M 2001-5815 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by instrument recorded in Instrument No. 3361882 of said Proabte Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on March 30, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


 


LOT NUMBER TEN (10) OF WESTMINISTER, A DEVELOPMENT OF LOVEMAN REALTY COMPANY, INC., AS SHOWN BY THE MAP THEREOF RECORDED IN PLAT BOOK “I”, PAGE 43, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN RAINBOW CITY, ETOWAH COUNTY, ALABAMA.


 


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 THE PROBATE 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.


Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.


Bank of America, N.A.


William S. McFadden


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


The sale provided for hereinabove which was originally scheduled for the 30th day of March, 2012 was further postponed   by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on April 30, 2012 at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.


 


Apr 20, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mike A. Alfred and Susan M. Alfred, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Wilmington Finance, Inc. , on the 31st day of May, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3247959; said mortgage having subsequently been transferred and assigned to U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, by instrument recorded in Instrument Number 3353386, in the aforesaid Probate Office; the undersigned U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, 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 Gadsden, Etowah County, Alabama, on November 21, 2011, 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:


 


Lot Five (5) of Whiteoak Point Subdivision as the same appears of record in Plat Book “J”, Page 109 in the Probate Office of Etowah County, Alabama.


 


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.


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.


U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, Mortgagee/Transferee


Andy Saag


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


220185


 


The above mortgage foreclosure sale has been postponed until 01/23/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.


The above mortgage foreclosure sale has been postponed until 03/05/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.


The above mortgage foreclosure sale has been postponed until 04/16/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.


The above mortgage foreclosure sale has been postponed until 06/04/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.


 


Apr 20, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Tina A. Smith, an unmarried woman to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s successor and assigns, dated September 20, 2001, and Recorded in Doc. No. M-2001-4168 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to The Bank of New York Mellon FKA The Bank of New York, as successor to JP Morgan Chase Bank, N.A., as Trustee on Behalf of the Certificateholders, SASCO 2002-4H by instrument recorded in Instrument No. 3357424 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on April 6, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


LOTS NUMBER 7, 8, 9, 16, 17 AND 18 AND THE NORTH HALF OF LOTS NUMBER 10, AND 15 IN BLOCK 7 OF GOODYEAR PARK, AS RECORDED IN PLAT BOOK “C”, PAGES 84 AND 85, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.


 


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 THE PROBATE 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.


                Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.


The Bank of New York Mellon FKA The Bank of New York, as successor to JP Morgan Chase Bank, N.A., as Trustee on Behalf of the Certificateholders, SASCO 2002-4H


Mortgagee


William S. McFadden


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


The sale provided for hereinabove which was originally scheduled for the  6th  day of April, 2012  was further postponed   by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on May 7, 2012 at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.


 


Apr 20, 2012


 


NOTICE TO


FILE CLAIMS


 


JIMMY VERNELL WATTS appointed Personal Representative (s) on March 27, 2012 Estate of JACKIE VERNON SELVIDGE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


NOTICE TO


FILE CLAIMS


 


JOHN CHARLES BENEFIELD, II, appointed Personal Representative (s) on March 15, 2012 Estate of LINDA BENEFIELD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


NOTICE TO


FILE CLAIMS


 


ANGEL CALHOUN appointed Personal Representative (s) on February 21, 2012 Estate of GLORIA ELAINE CALHOUN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


NOTICE TO


FILE CLAIMS


 


PHYLLIS JEAN FRANZ EDMINISTER appointed Personal Representative (s) on March 14, 2012 Estate of JAMES JOSEPH EDMINISTER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


NOTICE TO


FILE CLAIMS


 


MARIE GIDLEY GREENE appointed Personal Representative (s) on March 20, 2012 Estate of HORACE L. PORTER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


NOTICE TO


FILE CLAIMS


 


PATRICIA LYN WALKER appointed Personal Representative (s) on March 23, 2012 Estate of JOYCE ANNETTE ENICH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


NOTICE TO


FILE CLAIMS


 


BARBARA ROBERTS appointed Personal Representative (s) on February 29, 2012, Estate of MATTIE WILL ROBERTS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 13, 20 & 27, 2012


 


NOTICE TO


FILE CLAIMS


 


GLORIA WALLACE CANTRELL appointed Personal Representative (s) on April 4, 2012, Estate of CRAIG GORDON CANTRELL, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 13, 20 & 27, 2012


 


NOTICE TO


FILE CLAIMS


 


JIMMY ARTHUR CRAWFORD appointed Personal Representative (s) on March 27, 2012, Estate of REBA JEAN CRAWFORD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 13, 20 & 27, 2012


 


NOTICE TO


FILE CLAIMS


 


MARK D. MAYO, appointed Personal Representative (s) on April 4, 2012, Estate of ABBIE GAIL MAYO, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 20, 27 & May 4, 2012


 


NOTICE TO


FILE CLAIMS


 


PEGGY J. ELLISON, appointed Personal Representative (s) on March 28, 2012, Estate of STANLEY AVRON ELLISON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 20, 27 & May 4, 2012


 


NOTICE TO


FILE CLAIMS


 


RALPH THOMAS MACHEN, JR. AND RUSSELL L. MACHEN, appointed Personal Representative (s) on April 4, 2012, Estate of RALPH THOMAS MACHEN, SR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Apr 20, 27 & May 4, 2012


 


LEGAL NOTICE


 


Advertisement to bid


The Gadsden Cultural Arts Foundation is the recipient of Etowah Community Development Committee funds to do work that will add a rear entrance canopy.  For more information, contact Bobby Welch at 256-543-2787 x 26.  The GCAF will receive bids on April 17th at noon in the second floor library of the Hardin Center for Cultural Arts.


 


Mar 30, Apr 6 & 13, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-1902


IN THE MATTER OF THE ESTATE OF


Arthur M Young


DECEASED


TO: Eloise Young, Betty Young Miller, Heirs of Andrew Young, Danny Lett Young.


YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument in writing purporting to be the Last Will and Testament of Arthur M Young, deceased, and a petition in writing under oath praying for the admission to probate and record in this Court of said instrument as the true Last Will and Testament of said decedent.


YOU ARE FURTHER NOTIFIED to be and appear before this Court on the 1st day of May, 2012 at 2:00 p.m., when said petition will be heard and to show cause if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Arthur M Young, deceased, should not be admitted to probate and record in this Court as the true and Last Will and Testament of said decedent.


This the 29th day of March, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Apr 6, 13 & 20, 2012


 


LEGAL NOTICE


 


McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. NH-RECA-0001(564) & HSIP-NH-0074(527) in Etowah County. This notice will appear for four consecutive weeks beginning on April 13, 2012 and ending on May 4, 2012. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.


 


McCartney Construction Company, Inc.


 


Apr 13, 20, 27 & May 4, 2012


 


LEGAL NOTICE


 


IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA


CV-2012-900060


ROBERT W. WRIGHT,


Plaintiff,


Vs.


A PARCEL OF LAND DESCRIBED AS FOLLOWS:


THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 6, TOWNSHIP 10 SOUTH OF RANGE 7 EAST OF HUNTSVILLE MERIDIAN, AND LYING AND BEING IN ETOWAH COUNTY, ALABAMA.


And


DOUGLAS CULP AND THOSE WHOSE ADDRESSES ARE UNKNOWN AND ANY AND ALL UNKNOWN PARTIES, including any persons claiming any present interest therein and including any person claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above described property,


Defendants.


The Plaintiff having filed a Bill to Quiet Title seeking to quiet title to the aforementioned property it is hereby ORDERED, ADJUDGED AND DECREED as follows: The Defendants, Douglas Culp, and any other individuals who may claim interest in the aforementioned property, must answer the Bill to Quiet Title within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against the Defendants.


Done this 28th day of March, 2012.


 


Apr 13, 20, 27 & May 4, 2012


 


LEGAL NOTICE


 


NOTICE TO; ARNIE STATON, JOHN STATON AND ERIC STATON


CASE NUMBER: S-6769


A Petition for Letters of Guardianship and Conservatorship over Teresa Lynn Staton shall be heard on the 29th day of May, 2012, at 10:30 a.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama.


 


Bobby M. Junkins


Judge of Probate


 


Richard A. Rhea


County Guardian/Petitioner


930 Forrest Avenue


Gadsden, Alabama 35901


256-547-6801


 


Apr 20, 27, May 4 & 11, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-6750


In Re: SUDIE MATHIS


To: Leonard Mathis, address unknown


NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP


You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Sudie Mathis, was filed in my office for Probate by the Department of Human Resources, and that the 17th day of May, 2012, at 2:00 p.m., was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.


 


Bobby M. Junkins


Judge of Probate


 


Apr 20, 27 & May 4, 2012


 


LEGAL NOTICE


 


In accordance with Chapter 1, Title 39, Code of Alabama, 1976, notice is hereby given that Allen Building Company Contractor, has completed the Contract for Construction of ADMINISTRATIVE OFFICES FOR H.O.P.E. HOMES, INC. located at 106 North 6th Street, Gadsden, Alabama., owner, and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify: McElrath & Oliver Architects, P. C., 402 Duncan Street, Gadsden, Alabama 35901.


 


Allen Building Company


427 Mountain Lake Circle


Rainbow City, AL 35906


 


Apr 20 & 27, 2012


 


PUBLICATION ON ADOPTION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


A-511


IN THE MATTER OF:


THE ADOPTION OF: CHILD BORN TO TEGAN LOUISE SMOTHERS AND UNKNOWN FATHER.


NOTICE TO: UNKNOWN FATHER, WHOSE WHEREABOUTS ARE UNKNOWN


You will take notice that a Petition for the Adoption of child born on February 5, 1999 to Tegan Louise Smothers, natural mother and father unknown, is set to be heard on June 6, 2012 at 11:00 a.m.


Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the last publication herein (with John W. Jennings, Jr., whose name and address is shown below, and) with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901


Done this 26th day of March, 2012.


 


Name and address of Attorney:


John W. Jennings, Jr.


111 South 10th Street


Gadsden, AL 35901


 


Bobby M. Junkins


Judge of Probate


 


Mar 30, Apr 6, 13 & 20, 2012


 


NOTICE OF


PUBLICATION


 


IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA


CASE NO: CV-11-000131


JOSEPH BROUGHTON and DELORIS BROUGHTON,


Plaintiffs,


v.


CLIFFORD BARRON, fictious parties I-20


Defendant.


This is to notify you that a Civil Action filed by Plaintiffs, Joseph Broughton and Deloris Broughton, is pending in Court wherein Clifford Barron is the Defendant (Case No. CV:11-000131): Attorney for the Plaintiff has filed a sworn affidavit that service of summons and complaint cannon be made because the whereabouts of the Defendant are unknown. You are notified by this publication to answer in writing to said lawsuit by filing same with the Clerk of this Court and forwarding a copy of the answer to Plaintiff attorney, Jay Stover, 750 Forrest Ave. Gadsden, Al 35901, within thirty (30) days after last publication or default will be entered against you for failure to answer or otherwise plead.


DONE this the 21st day of March, 2012.


 


Billy Yates


Circuit Clerk


 


Mar 30, Apr 6, 13 & 20, 2012


 


NOTICE OF


PUBLICATION


 


IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA


Civil Action No.: CV-2010-614-WBO


IN RE: THE ESTATE OF MARY ELIZABETH W. DIXON


Notice to: Debra Watts, Patricia Hufstetler, Sandra Mathews, Oak Hill Methodist Church, American Lung Association, American Heart Association, American Cancer Society, Cerebral Palsy Center, Open Door Children’s Home, Shriner’s Hospital for Children, Pisgah Baptist Church, Providence Hill Cemetery.


You will hereby take notice that on this day came Tommy Watts, Personal Representative, and filed a Petition for Final Settlement in the Estate of Mary Elizabeth Walters Dixon, deceased.


You are hereby notified to appear before me, at my office in the Judicial Building of said County, on the 18th day of May, 2012, at 11:15 o’clock a.m. when the Petition for Final Settlement in the Estate of Mary Elizabeth Walters Dixon, deceased, will be considered, and to show cause, if any, why Tommy Watts, should not be relieved of his duties as Personal Representative.


This, the 28th day of March, 2012 at Gadsden, Alabama.


 


Apr 6, 13 & 20, 2012


 NOTICE OF


PUBLICATION


 


CASE#: CV-2012-900112


In the Circuit Court of Etowah County, Alabama


LETRICE STOVALL, an Individual, Plaintiff,


 vs.


FRANK M. SMITH, Jr., an Individual and his heirs and devisees, if deceased; KAYE  SMITH, an Individual and her heirs and devisees, if deceased; ASSOCIATES FINANCIAL SERVICES COMPANY OF ALABAMA, INC., an Alabama Corporation, CITIFINANCIAL CORPORATION 216, L.L.C., a non-qualifying foreign corporation, “A,” “B,” “C,” “D,” “E,” “F” and “G” who are entities unknown at this time but will be more particularly identified when ascertained, that claim an interest in the following real property: Lot 8, Block 4, as shown on the map of the Rearrangement of Farm Blocks 4 & 5 of W.T. Cox North Subdivision to East Gadsden, Alabama, as recorded in Plat Book “C,” Page 207, in the Probate Office of Etowah County, Alabama, also in rem against the real property described above; Defendants.


                TO: FRANK M. SMITH, Jr., an Individual and his heirs and devisees, if deceased; “A,” “B,” “C,” “D,” “E,” “F” and “G” who are entities unknown at this time but will be more particularly identified when ascertained, that claim an interest in the following real property: Lot 8, Block 4, as shown on the map of the Rearrangement of Farm Blocks 4 & 5 of W.T. Cox North Subdivision to East Gadsden, Alabama, as recorded in Plat Book “C,” Page 207, in the Probate Office of Etowah County, Alabama, also in rem against the real property described above; Defendants.


                You are hereby notified that on March 1, 2012, a complaint to quiet title in rem was filed in the Circuit Court of Etowah County, Alabama, and the following are the names of all the parties to the action: FRANK M. SMITH, Jr., an Individual and his heirs and devisees, if deceased; KAYE  SMITH, an Individual and her heirs and devisees, if deceased; ASSOCIATES FINANCIAL SERVICES COMPANY OF ALABAMA, INC., an Alabama Corporation, CITIFINANCIAL CORPORATION 216, L.L.C., a non-qualifying foreign corporation, “A,” “B,” “C,” “D,” “E,” “F” and “G” who are entities unknown at this time but will be more particularly identified when ascertained, that claim an interest in the following real property:


                Lot 8, Block 4, as shown on the map of the Rearrangement of Farm Blocks 4 & 5 of W.T. Cox North Subdivision to East Gadsden, Alabama, as recorded in Plat Book “C,” Page 207, in the Probate Office of Etowah County, Alabama.


                All persons claiming an interest in said lands or any part of said lands, claiming any part thereof, claiming any title thereto or any encumbrance thereon, are hereby directed to plead, answer, demur or otherwise respond to the Complaint on or before the last day of published notice, May 4, 2012, else at the expiration of thirty (30) days thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.


Billy Yates, Clerk of the Etowah Circuit Court.


John A. Daugherty, Esq. (Dau003)


Attorney for the Plaintiff, Letrice Stovall


1601 Gentilly Drive


Vestavia Hills, Al. 35226


Phone: (205) 822-6443


 


Apr 13, 20, 27 & May 4, 2012


 NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


Case No: S-5663


IN RE: The estate of ELIZABETH JOYCE MILLER, Deceased


To: Julie Lynne Heald


Last Known Address: 4906 Richmond Road, Cleveland, Ohio 44128-5924


Please take notice that a Petition has been filed in the Probate Court of Etowah County, Alabama, alleging the following: The Administrator, Jerry Miller, submits to the Court a report of his actions as Administrator, including a statement of all receipts and disbursements of estate property, and the Administrator prays for a decree discharging him and the surety on his bond from further liability as such Administrator.


Notice is hereby given that a hearing on said petition will be held on the 16th day of May, 2012, at 2:00 p.m.


Dated this 5th day of April, 2012.


 


Jason Knowles


Attorney for Petitioner


153 South 9th Street


Gadsden, AL 35901


 


Apr 13, 20, 27 & May 4, 2012


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO.: S-6535


In the Matter of: PEARL RENFROE, an incapacitated person


Notice to: Janice Connor, whose whereabouts are unknown


You will hereby take notice that on this day came Thomas and Linda Whitten and filed a Petition to Remove Guardianship and Appoint Successor Guardian and Conservator, and moves the Court to enter an Order removing the present guardian and conservator and appointing Thomas and Linda Whitten as such successor guardian and conservator.


You are hereby notified to appear before me, at my office in the Courthouse of said County, on the 29th day of May, 2012, at 2:00 o’clock p.m. when the Petition to Remove Guardianship and Appoint Successor Guardian will be considered, and to show cause, if any, why Thomas and Linda Whitten should not be appointed successor guardian and conservator.


This, the 13th day of April, 2012 at Gadsden, Alabama.


 


Bobby M. Junkins


Judge of Probate


 


Apr 20, 27 & May 4, 2012


 


NOTICE OF


PUBLICATION


 


IN THE MATTER OF THE ADOPTION PETITION OF PHILLIP HODGES, SR AND MYRNA HODGES


CASE NO: A-524


NOTICE TO: Quinn William Trabert, address unknown


You will take notice that a Petition for the Adoption of the minor child born unto Lindsay Jordan Hodges, natural mother, set to be heard on June 20, 2012 at 10:00 a.m., filed on the 19th day of March, 2012, alleging that the whereabouts of the natural father, Quinn William Trabert, are unknown. Minor child’s birth date is: May 20, 1994.


Please be advised that should you intent to contest this adoption, you must file a written response within thirty (30) days of the last publication herein, with Mary K. Simmons, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.


This the 13th day of April, 2012.


 


Attorney for Petitioner:


Mary K. Simmons


P. O. Box 1344


1040 Forrest Avenue


Gadsden, Alabama 35902-1344


256-546-0500


 


Bobby M. Junkins


Judge of Probate


 


Apr 20, 27, May 4 & 11, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on May 21, 2012 for charges due.


 


2001 Mitsubishi Eclipse VIN# 4A3AC44G X1E04 5510


 


East Meighan Auto Sales


2805 East Meighan Blvd


Gadsden, AL 35903


 


Apr 13 & 20, 2012