Legal Notices for the week of May 4 - May 10, 2012

May 4, 2012 chris
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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


 


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 secured by that certain mortgage executed by Jeremy McConnell and Brittany McConnell, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, on the 18th day of April, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3292961; said mortgage having subsequently been transferred and assigned to JP Morgan Chase Bank, National Association; the undersigned JP Morgan 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 June 25, 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 Seven (7) in Block Number Fourteen (14) in Gadsden Realty Company’s South Gadsden Addition, or Crescent Heights, according to the map thereof recorded in Plat Book “B”, pages 314 and 315, Probate Office, and lying and being in Gadsden, 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.


JP Morgan 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


250920


 


Apr 27, May 4, & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher W. Nelson, a married man, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Countrywide Home Loans, Inc. dba America’s Wholesale Lender, on the 20th day of April, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3270657; said mortgage having subsequently been transferred and assigned to Nationstar Mortgage, LLC; 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 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:


 


For a Point of Beginning, commence at the Northwest corner of Lot Number Ten, Reynolds Street Addition, according to the map or plat thereof, recorded in Plat Book “C”, Page 305, Probate Office, Etowah County, Alabama; thence run Southeasterly a chord distance of 21.98 feet to an iron pin set and the Point of Beginning; thence deflect left 101 degrees 03 minutes 30 seconds and run Northeasterly a distance of 138.24 feet to an iron pin set; thence deflect right 85 degrees 33 minutes 30 seconds and run Southeasterly a distance of 89.73 feet to an iron pin set; thence deflect right 100 degrees 54 minutes 00 seconds and run Southwesterly a distance of 160.07 feet to an iron pin found on the North right of way line of Reynolds Circle; thence deflect right 94 degrees 36 minutes 00 seconds and run Northwesterly a chord distance of 72.76 feet to the Point of Beginning, said tract embracing a portion of Lot Number Ten and Lot Number Eleven, Reynolds Street Addition, according to the map or plat thereof in Plat Book “C”, Page 305, Probate Office, Etowah County, Alabama. Situated, lying and being in Etowah County, Alabama.


 


Property Street Address: 812 Reynolds Circle, 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.


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


244800


 


Apr 27, May 4 & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that mortgage dated June 2, 2009, in favor of 1st Franklin Financial Corporation, a corporation, and executed by Oscar Whitehead, III, which mortgage is recorded June 9, 2009, in Instrument Number 3314646, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, 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 May 25, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:


 


Lot Number Seventy-Seven (77), in Parcel One (1), as shown on map or plat of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51-65, in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden (Formerly Alabama City), Etowah County, Alabama. (w2j/32729)


 


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 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 27, May 4 & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tamara N. Gladden and Jerry W. Gladden, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Lend America, on the 22nd day of February, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3291133; 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 June 25, 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:


 


For a point of beginning to described the lands herein, start at the Northeast corner of the Northeast Quarter of the Northeast Quarter, Section 14 and from thence run in a Westerly direction and along the North line of the North half of the Northeast Quarter, a distance of 1330 feet to a point, which said point is the Point of beginning; and from said point of beginning run in a Southerly direction parallel with the East line of the Northeast Quarter of the of the Northeast Quarter a distance of 193.3 feet to a point in the Northerly line of that certain 40 foot street dedicated as Parcel# 1 in instrument executed by Virginia Edwards and husband, Otis Edwards, to Towns of Hokes Bluff Recorded in Book 1008, Page 436, Probate Office, Etowah County, Alabama, which said 40 feet street shall hereafter be known as Eastvue Avenue; thence run in a Westerly direction parallel with the North line of the Northwest Quarter of the Northeast Quarter and along the North line of Eastvue Avenue a distance of 125 feet to a point; thence run in a Northerly direction parallel with the East line of the Northeast Quarter of the Northeast Quarter a distance of 193.3 feet to a point in the North line of the Northwest Quarter of the Northeast Quarter; thence run in an Easterly direction and along the North line of the Northwest Quarter of the Northeast Quarter a distance of 125 feet to the point of beginning. Said description embracing a portion of the North half of the Northwest Quarter of the Northeast Quarter, Section 14, Township 12 South, Range 7 East of Huntsville Meridian in Hokes Bluff, Etowah County, Alabama, subject to restrictions found in Deed Book 1195, Page 313, Probate Office, Etowah County, Alabama.


 


Property Street Address: 5740 E View Ave, Hokes Bluff, AL  35903


 


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


213162


 


Apr 27, May 4 & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


DEFAULT HAVING BEEN MADE in the payment of the indebtedness secured by that certain Accommodation Mortgage and Security Agreement executed by Gina Hubbard, a married woman, as an accommodation to Georgia Hubbard, debtor, which Accommodation Mortgage is dated October 27, 2009 and was recorded on November 18, 2009 in Instrument number 3323405 in the Office of the Judge of Probate, Etowah County, Alabama; and default continuing, notice is hereby given that under the power of sale contained in said mortgage, I will, on behalf of LIBERTY BANK proceed to sell on May 29, 2012 during the legal hours of sale, to-wit:  11:00 o’clock a.m. to 4:00 p.m., in front of the main entrance of the Etowah County Courthouse in Gadsden, Alabama, to the highest, best, and last bidder for cash, the following described real estate situated in Etowah County, Alabama, and described as follows:


 


A tract of land described as beginning at a point where the North line of the Sardis road intersects the East line of U.S. Highway #431, in the Northwest Quarter of the Southeast Quarter, in Section Twenty, Township Ten, Range five East, thence North and along the East line of said U.S. #431, a distance of 225 feet to a point; thence in an easterly direction a distance of 408 feet to a point in the northerly line of said Sardis road; thence in a westerly direction along the northerly line of said road a distance of 585 feet to the point of beginning and being a portion of the Northwest Quarter of the Southeast Quarter in Section Twenty, Township Ten, Range Five East, in Etowah County, Alabama.


 


Said sale is for the purpose of securing payment of the indebtedness secured by said Mortgage, together with the costs of foreclosure.


WILSON & SCOTT, L.L.C.


ATTORNEYS FOR MORTGAGEE  


NIKKI PARRISH SCOTT


411 ALABAMA AVENUE SOUTH


P O BOX 680639


FORT PAYNE, ALABAMA 35968


(256)  845-7000


 


Apr 27, May 4 & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Clint Herren, a single man, and William F. Herren, a married man, to Community Credit Union, on the 20th day of July, 2007, said mortgage being recorded in Instrument Number 327554, record of Mortgages, in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Community Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 14th day of May, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:


 


Lot Fourteen (14) in Block Two (2) of the J.E. Noojin, Jr. Subdivision Two (2), being a rearrangement of Lots 1 through 22, inclusive in Block 27 of Cloverdale Subdivision, as the same appears of record in Plat Book “E”, Page 67 in the Probate Office of Etowah County, Alabama, and lying and being in Attalla, Etowah County, Alabama.


 


Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.


 


Community Credit Union


BY: Cody D. Robinson, Its Attorney


Brunson, McGill & Robinson, Attorneys


301 Broad Street


Gadsden, Alabama 35901


 


Apr 27, May 4 & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by James Duckett and Cassandra Duckett, husband and wife, to Long Beach Mortgage Company, on the 2nd day of May, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3246081; said mortgage having subsequently been transferred and assigned to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-5; the undersigned Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-5, 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:


 


Lots Number 5 and 6 in Block 2 of the Mayflower Addition to Gadsden, Alabama, as recorded in Plat Book “D”, Page 37, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, 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 2006-5, Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


227555


 


Apr 27, May 4, & 11, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Nancy A. Muto, a single woman, to Taylor Mortgage, Inc., on the 27th day of February, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3290246; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in Instrument Number 3290247, in the aforesaid Probate Office; 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 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:


 


Lot 12 of Pleasant Hill Phase I as recorded in Plat Book L, Page 36, Etowah County 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.


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


245268


 


May 4, 11 & 18, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain Mortgage given by Mortgage given R-Tech, Inc., Formerly known as Stephenson Diversified, Inc. to Regions Bank, dated January 12, 2007, filed January 22, 2007 and recorded in Instrument No. 3263468, in the Probate Office of Etowah County, Alabama, said default continuing, notice is hereby given that the undersigned will, on behalf of Regions Bank, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder between the legal hours of sale, on the 30th day of May, 2012,  in front of the Courthouse door of said County, in Gadsden, Alabama, the following described real property situated in the County of  Etowah, State of Alabama, to wit:


To describe a lot or parcel of land, commence at the Southeast corner of the Southeast 1/4 of the Northwest 1/4, Section 13, Township 12 South, Range 5 East, City of Gadsden, Etowah County, Alabama, and thence run in a Westerly direction and along the South line of said forty for a distance of 474.65 feet to a point that is 40 feet from and measured at right angles to the centerline of the existing paving on Highway 77; thence deflect 51 degrees 40 minutes to the right and run 119.68 feet to a point which is 40 feet from and measured at right angles to the centerline of the existing paving on Highway 77; thence deflect 2 degrees 27 minutes to the left and run 100 feet to a point 40 feet from said centerline; thence deflect 1 degree 14 minutes to the left and run 80.1 feet to a point 40 feet from said centerline; thence deflect 2 degrees 01 minutes to the left and run 50.44 feet to a point 40 feet from said centerline, said point marking the Northwest right-of-way line of Thomas Drive; thence deflect 97 degrees right and run Northeasterly along said right-of-way line a distance of 370.89 feet to the point of beginning; From said point of beginning deflect 95 degrees 16 minutes 00 seconds left from the previous course and run Northwesterly a distance of 448.75 feet; thence deflect 89 degrees 49 minutes 26 seconds right and run Northeasterly a distance of 389.97 feet to the Southwest right-of-way line of Thomas Drive; thence deflect 91 degrees 03 minutes 00 seconds right and run Southeasterly along said right-of-way line a distance of 56.16 feet; thence run Southeasterly along a curve to the right marking said right-of-way line having a radius = 571.71 feet, a central angle = 31


degrees 23 minutes 34 seconds for a chord distance of 309.34 feet having a deflection angle of 15 degrees 41 minutes 47 seconds right from the previous course; thence deflect 15 degrees 42 minutes 47 seconds right from said chord and run Southeasterly along said right-of-way line a distance of 23.30 feet; thence run Southwesterly along a curve to the right marking the Westerly right-of-way line of Thomas Drive having a radius = 190.00 feet, a central angle = 63 degrees 00


minutes 00 seconds for a chord distance of 196.55 feet having a deflection angle of 31 degrees 30 minutes 30 seconds right from the previous course; thence deflect 31 degrees 30 minutes 30 seconds right from said chord and run Southwesterly along the Northwesterly right-of-way line of said Thomas Drive for a distance of 110.82 feet to the point of beginning.


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.


Said sale will be made subject to all of the following, which may affect the title to said property: all zoning ordinances; any restrictions of record in the Probate Office aforesaid; matters which would be disclosed by an accurate survey and/or inspection of the property; easements and/or rights-of- way; any tax liens; ad valorem taxes; judgment liens, if any; special assessments, if any; statutory rights of redemption; and/or any other matters of record superior to said Mortgage.


Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage.


REGIONS BANK


MICHAEL L. McKERLEY


The McKerley Law Firm


300 Vestavia Parkway


Suite 2400


Gadsden, Alabama  35216


Telephone: 205/223-5250


foreclosures@mckerleylawfirm.com


 


May 4, 11 & 18, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tracy L. Crowe, an unmarried woman, to The Gadsden Corporation, on the 27th day of January, 1999, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1999, Page 28; said mortgage having subsequently been transferred and assigned to Wells Fargo Bank, N.A., by instrument recorded in Instrument 3357256, in the aforesaid Probate Office; the undersigned Wells Fargo Bank, N.A., 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 January 9, 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 Northwest 1/4 of the Southwest 1/4, Section 28, Township 11 South, Range 6 East of Huntsville Meridian and run South 89 degrees 51 minutes 00 second West. 553.75 feet the Western most R/W of Lay Springs Road (60 foot right of way); thence deflect left and run South 19 degrees 06 minutes 00 seconds West, along said right of way, 392.34 feet to the point of beginning of the property described herein; thence run South 16 degrees 55 minutes 43 seconds West, along said right of way, 95.94 feet to a point; thence deflect right and run North 82 degrees 45 minutes 02 seconds West, Leaving said right of way, 68.72 feet to a point; thence deflect left and run South 80 degrees 45 minutes 58 seconds West, 127.94 feet to a point; thence deflect right and run North 01 degrees 30 minutes 00 seconds West, 108.10 feet to a point; thence deflect right and run South 89 degrees 07 minutes  00 seconds East, 231.70 feet to the point of beginning. Said property being a portion of the Northwest ¼ of the Southwest 1/4, Section 28, Township 11 South, Range 6 East, Etowah County, Alabama and contains 0.46 acres, more or less.


Property Street Address: 604 Noccalula Dr, Gadsden, AL  35904


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.


Wells Fargo Bank, N.A., Mortgagee/Transferee


Ginny Rutledge


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


238700


The above mortgage foreclosure sale has been postponed until 03/12/2012 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 04/30/2012 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 06/11/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.


 


May 4, 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


 


NOTICE TO


FILE CLAIMS


 


CYNTHIA DIANE TURNER, appointed Personal Representative (s) on April 19, 2012, Estate of KENNETH HAROLD BETHUNE, 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 27, May 4 & 11, 2012


 


NOTICE TO


FILE CLAIMS


 


WILLIE DEAN GARMANY, appointed Personal Representative (s) on February 4, 2012, Estate of JAMES HUE BOWLEN, 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 27, May 4 & 11, 2012


 


NOTICE TO


FILE CLAIMS


 


NANCY HAMLIN, appointed Personal Representative (s) on March 20, 2012, Estate of DANIEL FRANKLIN WOOD, 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 27, May 4 & 11, 2012


 


NOTICE TO


FILE CLAIMS


 


CALVIN DOUGLAS LOYD, appointed Personal Representative (s) on April 16, 2012, Estate of LORETTA LOYD, 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 27, May 4 & 11, 2012


 


NOTICE TO


FILE CLAIMS


 


GARY W. STARLING, appointed Personal Representative (s) on April 16, 2012, Estate of MILDRED RUTH STARLING BALLARD, 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


 


May 4, 11 & 18, 2012


 


NOTICE TO


FILE CLAIMS


 


HILDA WALDROP AND PEGGY COKER, appointed Personal Representative (s) on April 18, 2012, Estate of BILLY GERALD JONES, 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


 


May 4, 11 & 18, 2012


 


NOTICE TO


FILE CLAIMS


 


ALISON L. ENGLAND, appointed Personal Representative (s) on April 11, 2012, Estate of KATIE J. ENGLAND, 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


 


May 4, 11 & 18, 2012


 


NOTICE TO


FILE CLAIMS


 


TODD A. MEANS, appointed Personal Representative (s) on March 30, 2012, Estate of THOMAS EDWARD MEANS, 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


 


May 4, 11 & 18, 2012


 


NOTICE TO


FILE CLAIMS


 


BRENDA PURCELL, appointed Personal Representative (s) on April 23, 2012, Estate of GARY ASKEW, 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


 


May 4, 11 & 18, 2012


 


NOTICE TO


FILE CLAIMS


 


LARRY ROBIDOUX, appointed Personal Representative (s) on April 25, 2012, Estate of ROY WAYNE WALBURN, 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


 


May 4, 11 & 18, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to HENRY STREET CHURCH of CHRIST


 believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY MAY 15TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 709 TARRANT COURT  in the City of Gadsden, more particularly described as:


 


Lot number 26 of Tarrant Court Addition according to the map thereof recorded in Plat Book C, Page 77, Probate Office, Etowah County, Alabama.


 


is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.


 


Brian Harbison


BUILDING OFFICIAL


City of Gadsden


P.O. Box 267


Gadsden, AL  35902


(256) 549-4529


 


May 4, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to HERMINIA M. ALVAREZ and JIM PEPPERS


 believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY MAY 15TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 109 SOUTH 23RD STREET in District 6 in the City of Gadsden, more particularly described as:


 


A lot described as beginning at a point in the East line of Lot Number 1 which is 50 feet Southerly, measured along said East line, from the Northeast corner of said Lot Number 1, and from said point of beginning run in a Westerly direction and parallel with the North lines of Lots Numbers 1 and 3 a distance of 100 feet to a point in the West line of Lot Number 3; thence Southerly and along West line of said lot Number 3 a distance of 50 feet; thence in an Easterly direction and parallel with the North lines of Lots Numbers 3 and 1 a distance of 100 feet to appoint in the East line of Lot Number 1; thence Northerly and along the East line of Lot Number 1 a distance of 50 feet to the point of beginning, and embracing portions of Lots Numbers One (1) and Three (3) in Block Number Thirty-Three (33), according to the Second Survey of Alford’s Addition to Alabama City as shown by the map of said Second Survey recorded in Plat Book “A”, beginning on page 308, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, formerly Alabama City, Etowah County, Alabama.


 


is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.


 


Brian Harbison


BUILDING OFFICIAL


City of Gadsden


P.O. Box 267


Gadsden, AL  35902


256) 549-4529


 


May 4, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to JOHNNY M. BALCOMB and ESTATE of MARTHA A. BALCOMB (REBECCA ANN BALCOMB and MARTHA ELIZABETH BALCOMB TEMPLETON) and AMERICAN GENERAL FINANCE


 believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY MAY 15TH  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 207 ANN STREET in District 7 in the City of Gadsden, more particularly described as:


 


Lots 10 and 11 in Block 41 of Bellevue Highlands First Addition according to the map thereof recorded in Plat Book B, Page 286, Probate Office, Etowah County, Alabama.


 


is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.


 


Brian Harbison


BUILDING OFFICIAL


City of Gadsden


P.O. Box 267


Gadsden, AL  35902


(256) 549-4529


 


May 4, 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 THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-6846


IN THE MATTER OF THE ESTATE OF SETH RUNYAN, DECEASED


TO: ALEY REED AND ANY UNKNOWN HEIRS


The following named heir, along with her Guardians and Conservators, whose address, age, and condition is unknown, together with any unknown heirs, are hereby notified that the Will of SETH RUNYAN has been offered for Probate by JAMES MILTON COPELAND, Executor, and said petition will be heard on the 31st day of May, 2012 at 10:30 a.m., to-wit:


ALEY REED, ANY UNKNOWN HEIRS


You are advised that you may appear to contest said Will on or before the 31st day of May, 2012, at 10:30 a.m. should you see fit to do so.


 


Bobby M. Junkins


Judge of Probate


 


Apr 27, May 4 & 11, 2012


 


LEGAL NOTICE


 


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


CASE NO. S-6759


In re: SARAH MCGHEE


To: Janette last name unknown, address unknown; Lola Mae last name unknown, address unknown.


You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Sarah McGhee, was filed in my office for Probate by the Department of Human Resources, and that the 7th day of June, 2012, at 10:30 a.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 27, May 4 & 11, 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, 2004.


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 27, May 4, 11 &18 2012


 


NOTICE OF


PUBLICATION


 


Shirley Muncy, whose whereabouts are unknown, must answer the Petition of Larry M. Williams seeking relief by May 30, 2012, or thereafter a judgment for default may be rendered against her in Civil Action Number SM-2012-3, pending in the Small Claims Court of Etowah County, Alabama.


Dated May 1, 2012.


 


May 4, 11, 18 & 25, 2012


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


Case No.: S-6520


In Re: The Estate of PATRICIA G. JACKSON, Deceased


Notice to: Kolon D. Nance, Whose whereabouts are unknown


You will hereby take notice that on this day came Jimmy R. Jackson, Administrator, and filed a Petition for Final Settlement in the Estate of Patricia G. Jackson, deceased.


You are hereby notified to appear before me, at my office in the Courthouse of said County, on the 7th day of June, 2012, at 2:30 o’clock p.m. when the Petition for Final Settlement in the Estate of Patricia G. Jackson, deceased, will be considered, and to show cause, if any, why Jimmy R. Jackson, should not be relieved of his duties as Administrator.


This, the 25th day of April, 2012 at Gadsden, Alabama.


 


Bobby M. Junkins


Judge of Probate


 


May 4, 11 & 18, 2012



NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-6803


IN THE MATTER OF THE ESTATE OF OTIS V. BOHANNON, DECEASED.


TO: Carol Duncan, Carolyn Sue Mawyer, David Bohannon, Tommy Bohannon, Paul Bohannon, Kenneth Bohannon, Talmadge Bohannon, Frances Snell, Barbara Stiefel, and any heirs of Otis V. Bohannon, deceased, whose identities and/or whereabouts are unknown.


You will hereby take notice that on this day came VERNON BOHANNON and produced to the Court a paper in writing purporting to be the Last Will and Testament of OTIS V. BOHANNON, deceased, and moves the Court to admit the said Will to probate and record.


You are notified to be and appear before me, at my office in the Courthouse of said County at 11:30 a.m., on June 5, 2012, when the motion will be considered, and show, if anything you have to allege, why said paper writing should not be admitted to probate and record, as the true Last Will and Testament of said decedent.


 


Bobby M. Junkins


Judge of Probate


 


May 4, 11 & 18, 2012


 


PUBLICATION


ON ADOPTION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, AL


IN THE MATTER OF:


THE ADOPTION OF: A CHILD BORN TO: SUMMER NICHOLE WATTS


NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A CHILD BORN OT SUMMER NICHOLE WATTS, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED


You will take notice that a Petition for the Adoption of a child born to Summer Nichole Watts, (Natural Mother), set to be heard on June 28, 2012 at 11:00 a.m., was filed on the 1st day of March, 2012, alleging that the identity of the natural parent of said minor child is unknown and had not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father.  Minor child’s birth date is 09-21-2009.


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


Done this 2nd day of March, 2012.


 


Name and address of Attorney:


Clark Hall


807 Chestnut Street


Gadsden, AL 35901


 


Bobby M. Junkins


Judge of Probate


 


May 4, 11, 18 & 25, 2012


 


NOTICE TO


CONTRACTORS


 


Federal Aid Project No.


STPOA-STPNU-CN12(203)


ETOWAH COUNTY, Alabama


 


Sealed bids will be received by the Director Of Transportation at the office of the Alabama Department Of Transportation, Montgomery, Alabama until 10 AM.,


May 25, 2012, and at that time publicly opened for constructing the following:


 


RESURFACING AND TRAFFIC STRIPE  ON CR-24 (GALLANT ROAD) FROM THE SAINT CLAIR COUNTY LINE TO SR-74 (US-278)


 


The Length Of This Project Is: 10.785  Miles.


 


The total amount of uncompleted work under contract to a contractor must not exceed the amount of his or her qualification certificate.


 


The Entire Project Shall Be Completed In Forty Five (45) Working Days.


 


A 4.000000% DBE Contract Obligation Is Required.


 


A Bidding Proposal may be purchased for $ 5.00.


Plans may be purchased for $ 4.00 per set.


 


Plans and Proposals are available at the Alabama Department Of Transportation, 1409 Coliseum Boulevard, Room E-108, Montgomery, Al 36110.  Checks should be made payable to the Alabama Department Of Transportation.  Plans and Proposals will be mailed only upon receipt of remittance.  No refunds will be made.


 


Minimum wage rates for this project have been pre-determined by the Secretary Of Labor and are set forth in the advertised specifications.  This project is subject to the contract work hours and Safety Standards Act and its implementing regulations.


 


Cashier’s check or bid bond for 5% of bid (maximum – $10,000.00) made payable to the Alabama Department Of Transportation must accompany each bid as evidence of good faith.


 


The bracket range is shown only to provide general financial information to contractors and bonding companies concerning the project’s complexity and size.


This Bracket should not be used in preparing a bid, nor will this bracket have any bearing on the decision to award this contract.


The Bracket Estimate On This Project Is From $1,405,000 To $1,720,000


The proposed work shall be performed in conformity with the rules and regulations for carrying out the Federal Highway Act.


 


Plans and Specifications are on file in Room E-108 of the Alabama Department of Transportation at Montgomery, Alabama 36110.


 


In accordance with the rules and regulations of The Alabama Department of


Transportation, proposals will be issued only to prequalified contractors or their authorized representatives, upon requests that are received before 10 AM., on the day previous to the day of opening of bids.


 


The bidder’s proposal must be submitted on the complete original proposal furnished him or her by the Alabama Department of Transportation.


 


The Alabama Department of Transportation, in accordance with Title VI of the


Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D TO 2000D-4 and Title 49 code of Federal Regulations, Department of Transportation, Subtitle A, Office of The Secretary, Part 21, nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, or national origin in consideration for an award.


 


The right to reject any or all bids is reserved.


 


JOHN R. COOPER


Transportation Director


 


May 4, 11 & 18, 2012


NOTICE OF


ACTION


 


IN THE CIRCUIT COURT IN AND FOR ETOWAH COUNTY, ALABAMA


CASE NO:  31-CV-2011-900465.00 


DEUTSCHE BANK NATIONAL COMPANY,


AS TRUSTEE FOR THE CERTIFICATE HOLDERS


OF MORGAN STANLEY ABS CAPITAL INC.


TRUST 2004-NC2 MORTGAGE PASS-THROUGH


CERTIFICATES, SERIES 2004-NC2,


Plaintiff,


v. 


WARD N. PELL


Defendant,


 


TO:  WARD N. PELL


Defendants,


YOU ARE HEREBY NOTIFIED that an action for Reformation of Mortgage, Unjust Enrichment and Quiet Title, on the following property in Etowah County, Alabama:


 


Parcel I: Commence at a point in the Southwest right of way line of the Pilgrim’s Rest Road, otherwise described as Project No. SACP 246-B, which said point is lying on the West line the East ½ of the NW ¼ of the NW ¼ and run South 43° 06’29” East along the Southwest right of way line of said Pilgrim’s Rest Road a distance of 1008.73 feet to the point of beginning. Form said point of beginning continue South 43° 06’29” East along said right of way a distance of 1/27 feet; thence run South 43° 04’06”, East and continue along said right of way a distance of 226.74 feet; thence run South 46° 55’56” West a distance of 269.76 feet; thence run North 43°01’55” West a distance of 226.40 feet, thence run North 46° 40’33” East a distance of 39.58 feet; thence run North 46° 55’32” East a distance of 94.09 feet; thence run North 46° 20’02” East a distance of 135.95 feet to the point of beginning. Said parcel of land being a portion of the South ½ of the NW ¼ of Section 9, Township 13 South, Range 6 East, lying and being in the City of Southside, Etowah County, Alabama.


 


Parcel II: Commence at a point in the Southwest right of way line of the Pilgrim’s Rest Road, otherwise described as Project No. SACP 246-B, which said point is lying on the West line the East ½ of the NW ¼ of the NW ¼ and run South 43° 06’29” East along the Southwest right of way line of said Pilgrim’s Rest Road a distance of 1010.00 feet; thence run South 43° 04’06” East and continue along said right of way line a distance of 226.74 feet to eh point of beginning. From said point of beginning continue South 43°East along said right of way a distance of 270.78 feet; thence run South 52°32’24” West a distance of 271.20 feet; thence run North 43° 02’03” West a distance of 244.28 feet; thence run North 46° 55’56” East a distance of 269.76 feet to the point of beginning. Said parcel of land being a portion of the South ½ of the NW ¼ of Section 9, Township 13 South, Range 6 East, lying and being in the City of Southside, Etowah County, Alabama.


 


The above described property is the exact same property as described in a deed dated November 21, 1995 recorded in Book 1984, Page 188, less those portions conveyed by deed dated February 19, 1999 recorded as Doc.# D-1999-0741, Probate Office, Etowah County, Alabama.


 


has been filed against you and you are required to serve a copy of your written defenses, if any, to it on Phillip A. Pugh, Esquire, Plaintiff’s attorney, whose address is Litvak, Beasley & Wilson, LLP, 226 East Government Street, Pensacola, FL  32502 on or before June 18, 2012, and file the original with the clerk of this court either before service on Plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. 


Dated this 16th day of April, 2012.


 


Billy Yates


CLERK OF THE CIRCUIT COURT


 


Apr 27, May 4, 11 & 18, 2012


NOTICE OF


SALE


 


Notice is hereby given that the undersigned will proceed to sell the contents of the following storage unit on June 2, 2012 for past due rent.


 


C-12 Cynthia Wilkinson


 


Summer Chase Storage


801 Collins Place


Attalla, AL 35954


 


May 4 & 11, 2012


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that on June 4, 2012 at 10:00 a.m. the undersigned will proceed to sell the following vehicles for towing and storage charges.


 


1997 Ford Crown Victoria VIN# 2FAL P71W4 VX224939


1999 Honda Accord VIN# 1HGC G1655 XA000373


2002 Nissan Maxima VIN# JN1DA 31D62 T439127


1994 Oldsmobile Cutlass VIN# 1G3A G55M4 R6403255


1991 Toyota Camry VIN# 4T1SV 24E6M U402675


1992 Ford F150 4×2 VIN# 1FTDF 15N7N NB03369


 


Jimmy Easterwood


1727 Forrest Avenue


Gadsden, AL 35901


256-543-1332


 


Apr 27 & May 4, 2012


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that on June 15, 2012 at 11:00 a.m. the following vehicles will be sold by sealed bids only for towing and storage charges due.


 


1995 Nissan Altima VIN# 1N4BU3 1D5SC2 01206


1993 Ford Aerostar VIN# 1FMCA1 1U2PZA 17644


2001 Saturn L300 VIN# 1G8JW52 R81Y50 5471


 


Steve’s Towing, Inc.


1719 Kyle Ave


Gadsden, AL 35901


 


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 June 4, 2012 for charges due.


 


1997 Buick Lesabre VIN# 1G4H R52KX VH603658


 


Kelton Wrecker Service, LLC.


1625 Forrest Aveneue


Gadsden, Al 35901


 


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 June 4, 2012 for charges due.


 


2008 Suzuki GSXR 1000 VIN# JS1GT77A282 108160


 


Donald Lamer


25 Co. Rd 315


Leesburg, AL 35983


 


May 4 & 11, 2012