Legal Notices for the week of Sept 14 - Sept 20, 2012

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MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Paul Dru Strickland

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MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Paul Dru Strickland

 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Paul Dru Strickland and spouse Natalie N. Strickland, (“Mortgagors”), in favor of Federal Land Bank Association of North Alabama, FLCA, now known as Alabama Farm Credit, ACA (the “Mortgagee”), dated July 30, 2004 and recorded July 30, 2004 in the Office of the Judge of Probate of Etowah County, Alabama in Doc. # M-2004-3310.  Said default continuing, notice is hereby given that the Mortgagee will, under and by virtue of the power of sale contained in the Mortgage, offer for sale at public outcry to the highest bidder for cash during the legal hours of sale on September 19, 2012, at the main entrance to the Courthouse of Etowah County, Alabama, the following described Real Property situated in Etowah County, Alabama (the “Real Property”), to wit:


 


TRACT I


All that part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 10 South, Range 5 East, Etowah County, Alabama, particularly described as beginning at railroad spike which is the Southeast corner of said Section 21; thence from the point of true beginning North 87 degrees 41 minutes West 1000.2 feet to an iron pin found in place; thence North 1 degree 27 minutes West along and with an existing fence line, 453.3 feet to an iron pin found in place on the Northern margin of Kirby Road; thence North 1 degree 30 minutes West 103.6 feet to an iron pin found in place; thence North 76 degrees 17 minutes West along and with a fence 8.4 feet; thence continuing along said fence North 0 degrees 08 minutes West 194.9 feet; thence continuing along said fence North 0 degrees 06 minutes West 201.8 feet; thence continuing along said fence North 01 degree 43 minutes West 382.6 feet to a fence corner; thence South 87 degrees 26 minutes East 763.9 feet to a point in the center of Hill Road; thence along and with said centerline the following chord bearings and distances; South 2 degrees 49 minutes West 502.3 feet; South 4 degrees 17 minutes East 173.8 feet; South 12 degrees 25 minutes East 65 feet; South 31 degrees 36 minutes East 466 feet; and South 6 degrees 41 minutes East 209.9 feet to the true point of beginning.


 


LESS AND EXCEPT the following described parcel: Beginning at a point 30 feet West of the Southeast corner of the SE ¼ of the SE ¼ of Section 21, Township 10 South, Range 5 East; thence South 89 degrees West a distance of 208.71 feet; thence North 8 degrees 30 minutes West a distance of 208.71 feet; thence North 89 degrees East 208.71 feet to the West margin of county road; thence in a Southerly direction along the West margin of County road 208.71 feet to the beginning point, said property is situated, lying and being in Etowah County, Alabama, and containing one acre, more or less.


 


TRACT II


That part of the SE ¼ of Section 21, T10S, R5E, in Etowah County, Alabama, and being more particularly described as follows: Commencing at the SE corner of above Section 21; thence N 87 degrees 32 minutes W a distance of 1150.0 feet to a metal marker; thence N 09 degrees 12 minutes W a distance of 290.6 feet to a metal marker; thence N 16 degrees 51 minutes E a distance of 52.4 feet to a metal marker; thence N 56 degrees  13 minutes E a distance of 155.9 feet to the point of beginning for the parcel herein described; thence N 49 degrees 42 minutes W a distance of 478.8 feet to a metal marker; thence N 01degree 30 minutes W a distance of 614.8 ft. to a metal marker in a fence line; thence S 87 degrees 07 minutes E along said fence line a distance of 398.1 feet to a metal marker; thence S 01 degree 43 minutes E along a fence line a distance of 382.6 ft. to a point; thence continuing along said fence line S 00 degrees 06 minutes E a distance of 201 .8 feet to a point; thence continuing along said fence line S 00 degrees 08 minutes E a distance of 194.9 feet to a fence corner; thence S 76 degrees 17 minutes E along a fence line a distance of 8.4 feet to a metal marker; thence leaving said fence line S 01 degree 30 minutes E a distance of 103.6 feet to a metal marker in the NW margin of a 20-foot right-of-way to a Public Road; thence S 63 degrees 35 minutes W along said NW margin a distance of 44.0 feet to the point of beginning and containing 7.0 acres more or less. ALSO a 20 ft. Right-of-way from the public road over that portion of the SE ¼ of the SE ¼ that lies West of the Public Road and between the Public Road of the above described property, in Etowah County, Alabama.


 


TRACT III


That part of the SW ¼ of the SE ¼ and the SE ¼ of the SE ¼ of Section 21, T10S, R5E in Etowah County, Alabama, and more particularly described as follows: Beginning at the SW corner of the SW ¼ of the SE ¼ of said Section 21; thence N 01 degree 41 minutes W along the W line of said forty a distance of 1342.9 feet to the NW corner of said forty; thence S 87 degrees  19 minutes E along the N line of said forty a distance of 1273.3 feet to a point; thence leaving the said N line S 01 degree 30 minutes E a distance of 614.8 feet to a point; thence S 49 degrees 42 minutes E a distance of 478.8 feet to a point in the N margin of 20 feet right of way; thence N 63 degrees 35 minutes E along the said N margin a distance of 44.0 feet to a point; thence S 01degree 30 minutes E a distance of 22.1 feet to a point in the S margin of said 20 feet right of way; thence S 63 degrees 35 minutes W along the said S margin a distance of 189.4 feet to a point; thence N 14 degrees 20 minutes W a distance of 85.1 feet to a point; thence N 13 degrees 00 minutes W a distance of 58.1 feet to a point; thence S 89 degrees 21 minutes W a distance of 670.3 feet to a point; thence S 02 degrees 28 minutes W a distance of 436.4 feet to a point in the S line of the above SW ¼ of the SE ¼; thence N 87 degrees 32 minutes W along the said S line a distance of 761.5 feet to the point of beginning and containing 35.2 acres, more or less.


 


TRACT IV


All that part of the NE ¼ of the NE ¼ of Section 28, Township 10 South, Range 5 East in Etowah County, Alabama that lies North of Bright Road.


 


The Real Property and improvements will be sold “as is, where is” and subject to any rights of redemption existing under federal law, the laws of the State of Alabama or otherwise.


The sale is subject to ad valorem taxes.


The sale is subject to any easements, encumbrances or other matters of record which take priority over the Mortgage.


This sale is made for the purpose of paying the indebtedness secured by said Mortgage, as well as the expenses of foreclosure. The Mortgagee reserves the right to bid for and purchase the Real Property and, if it is the successful bidder, to credit its purchase price against the expenses of sale and the indebtedness secured by the Real Property.  The Mortgagee reserves the right to sell the property en masse or parcel by parcel, as the Mortgagee deems appropriate.  This sale is subject to postponement or cancellation.


 


Alabama Farm Credit, ACA


Owner of Said Indebtedness


ROBERT H. ADAMS


HASKELL SLAUGHTER YOUNG & REDIKER, LLC


1400 Park Place Tower


2001 Park Place North


Birmingham, Alabama  35203


(205) 254-1426


Attorney for Mortgagee


 


Aug 31, Sept 7 & 14, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher Shane Alford and Cynthia Kay Alford, husband and wife, to Option One Mortgage Corporation, on May 21, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number M-2003-2573; and subsequently transferred and assigned to Wells Fargo Bank, N.A., as Trustee for GSAMP Trust 2003-HE2 Mortgage Pass-Through Certificates, Series 2003-HE2, and said assignment being recorded in Instrument Number 3344666; Wells Fargo Bank, N.A., as Trustee for GSAMP Trust 2003-HE2 Mortgage Pass-Through Certificates, Series 2003-HE2, 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 September 24, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Commence at the Southwest corner of the Southeast Fractional 1/4 of Fractional Section 6, Township 12 South, Range 7 East; thence run North 7 degrees 16 minutes East, 649.12 feet along the West line of the Southeast 1/4 to a point; thence deflect right and run North 89 degrees 54 minutes 40 seconds East, 1723.78 feet to a point, said point also being the Northeast corner of Deed Book 1504, Page 183, as recorded in Probate Office, Etowah County, Alabama; thence deflect right and run South 24 degrees 22 minutes East, 386.48 feet to the point of beginning of the property herein conveyed; thence continue South 24 degrees 22 minutes East, 200.0 feet to a point in the Northwest right of way of Sherry Lane; thence deflect right and run South 69 degrees 47 minutes 25 seconds West, 150.0 feet, a chord distance along Sherry Lane, to a point; thence deflect right and run North 24 degrees 22 minutes West, 200.0 feet to a point; thence deflect right and run North 69 degrees 47 minutes 25 seconds East, 150.0 feet to the point of beginning, said property being located in the Southeast Fractional 1/4 of Fractional Section 6, Township 12 South, Range 7 East, 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.


Wells Fargo Bank, N.A., as Trustee for GSAMP Trust 2003-HE2 Mortgage Pass-Through Certificates, Series 2003-HE2


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


205-988-8888


 


Aug 31, Sept 7 & 14, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Paul Dru Strickland and spouse, Natalie N. Strickland, (“Mortgagors”), in favor of Federal Land Bank Association of North Alabama, FLCA, now known as Alabama Farm Credit, ACA (the “Mortgagee”), dated June 4, 2009 and recorded June 4, 2009 in the Office of the Judge of Probate of Etowah County, Alabama in Instrument Number 3314479.  Said default continuing, notice is hereby given that the Mortgagee will, under and by virtue of the power of sale contained in the Mortgage, offer for sale at public outcry to the highest bidder for cash during the legal hours of sale on September 19, 2012, at the main entrance to the Courthouse of Etowah County, Alabama, the following described Real Property situated in Etowah County, Alabama (the “Real Property”), to wit:


 


Beginning at a point 30 feet West of the Southeast corner of the SE ¼ of the SE ¼ of Section 21, Township 10 South, Range 5 East; thence South 89 degrees West a distance of 208.71 feet; thence North 8 degrees 30 minutes West a distance of 208.71 feet; thence North 89 degrees East 208.71 feet to the West margin of county road; thence in a Southerly direction along the West margin of county road 208.71 feet to the beginning point. Said property is situated, lying and being in Etowah County, Alabama, and contains one acre, more or less.


 


The Real Property and improvements will be sold “as is, where is” and subject to any rights of redemption existing under federal law, the laws of the State of Alabama or otherwise.


The sale is subject to ad valorem taxes.


The sale is subject to any easements, encumbrances or other matters of record which take priority over the Mortgage.


This sale is made for the purpose of paying the indebtedness secured by said Mortgage, as well as the expenses of foreclosure. The Mortgagee reserves the right to bid for and purchase the Real Property and, if it is the successful bidder, to credit its purchase price against the expenses of sale and the indebtedness secured by the Real Property.  This sale is subject to postponement or cancellation.


 


Alabama Farm Credit, ACA


Owner of Said Indebtedness


ROBERT H. ADAMS


HASKELL SLAUGHTER YOUNG & REDIKER, LLC


2001 Park Place North, Suite 1400


Birmingham, Alabama  35203


(205) 254-1426


Attorney for Mortgagee


 


Aug 31, Sept 7 & 14, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 10, 2009, executed by Kevin S. McGowan and Jamie D. McGowan, husband and wife, to Mortgage Electronic Registration Systems, Inc solely as nominee for Hometown Mortgage Services, Inc., which mortgage was recorded on November 12, 2009, in Instrument number 3323020, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to JPMorgan Chase Bank, National Association, the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on October 2, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Two (2) in Block “C”, in L.N. Johnson Addition to Hokes Bluff, according to the map thereof recorded in Plat Book “G”, Page 369, Probate Office Etowah County, Alabama, and lying and being Hokes Bluff, Etowah County, Alabama.


 


JPMorgan Chase Bank, National Association


Transferee


Robert J. Wermuth/acl


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Aug 31, Sept 7 & 14, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having being made in the payment of the indebtedness secured by that certain mortgage executed by Steven R. Martin, Sr. and wife, Rena L. Martin in favor of Jim Walter Homes, Inc., dated December 21, 2007 and recorded Document #3266724, in the Office of the Judge of Probate of Etowah County, Alabama; said mortgage being subsequently transferred and assigned to Walter Investment Management Corp. recorded in document #3316942 in the Office of the Judge of Probate of Etowah county , Alabama and later assigned to Green Tree Servicing LLC said assignment being recorded in Document #3370109 in the Office of the Judge of Probate of Etowah County, Alabama; said default continuing notice is hereby given that the undersigned, Green Tree Servicing LLC as assignee and holder, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama, on September 26, 2012, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to–wit:


 


Lots Number Twenty (20), Twenty-One (21), Twenty-Two (22), and Twenty-Three (23), in Block Fourteen (14) of Bellevue Highlands, First Addition to Gadsden, according to the Totten and Woodruff Survey as shown by the map or plat thereof recorded in Book of Town Plats “B”, pages 286-287, Probate Office, Etowah County, Alabama.


 


This property will be sold subject to the easements, encumbrances or other matters of record which will take priority over the mortgage and are not disposed of at or prior to foreclosure.


This notice is also being sent to the following party who may have an interest in said property in order that they might avail themselves the opportunity to bid on same.


This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.


Green Tree Servicing LLC


Paul K. Lavelle


Attorney for Mortgagee


Spina, & Lavelle, P.C.


1500 Urban Center Drive, Ste. 450


Birmingham, Alabama 35242


(205) 298-1800


 


Aug 31, Sept 7 & 14, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 30, 2002, executed by Willie M. Swain and Judy C. Swain husband and wife, to HomeGold, Inc. a South Carolina Corporation, which mortgage was recorded on October 21, 2002, in Document# M-2002-4826, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to CitiFinancial Mortgage Company, Inc., the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on October 9, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


A tract of land described as beginning at the Southeast corner of Lot Number 16 and from thence run in a Northerly, or Northwesterly direction along the Easterly line of said lot a distance of 169.8 feet to the Northeast corner of said lot; thence in a Westerly direction and along the North line of said lot a distance of 43 feet; thence in Southerly direction, in direct line, to a point in the South line of said lot which is 57 feet Westerly, measured along the South line of said lot, from the point of beginning; thence in a Easterly direction along the South line of said lot a distance of 57 feet to the point of beginning, and embracing a portion of Lot Number Sixteen (16) in Block Number Five (5) in Unit Number One (1) in Green’s Subdivision to East Gadsden, according to the map thereof recorded in Plat Book “C”, Pages 280 and 281, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.


 


CITIMORTGAGE, INC.


SUCCESSOR BY REASON OF MERGER WITH CITIFINANCIAL MORTGAGE COMPANY, INC.


Transferee


Robert J. Wermuth/anp


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Sept 7, 14 & 21, 2012


_


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by James D. Murray to Flatwoods Properties, L.L.C., dated July 24, 2004, and recorded in Instrument Number Doc. #M-2004-3190 and assigned at Inst. #3325372 in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee wills sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 28th day of September, 2012, the following described real estate situated in Etowah County, Alabama:


 


Lot Numbers 1, 3, 4, 5, 6, 7, 10 and 12 of Pleasant Valley Subdivision, as recorded in Plat Book “L”, Page 117, Probate Office, Etowah County, Alabama.


 


Said sale will be made for the purpose of paying the indebtedness secured by the above said mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any.


 


By: David Livingston


Attorney for Mortgagee


P. O. Box 1621


Gadsden, AL 35902


256-546-9300


 


Sept 7, 14 & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Tommy D. Epps and Phyllis D. Epps, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Franklin a Division of National City Bank, as Mortgagee, dated the 17th day of October, 2006, and recorded in Instrument No. 325872 of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TRUSTEE TO LASALLE BANK, N.A. AS TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-FF18, now U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA N.A. SUCCESSOR BY MERGER TO LASALLE BANK N.A. TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-FF18 by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 25th day of September, 2012, in the city of Gadsden, at the Front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:


Lot No. 9, Block “A”, Oakleigh Estates Subdivision, as shown by map or plat of said subdivision recorded in Plat Book G, at page 55, in the Office of the Judge of Probate 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.


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.


U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA N.A. SUCCESSOR BY MERGER TO LASALLE BANK N.A. TRUSTEE FOR THE HOLDERS OF THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-FF18


Holder of said Mortgage


Goodman G. Ledyard


PIERCE LEDYARD, P.C.  


Attorneys for Mortgagee


Post Office Box 161389


Mobile, Alabama  36616


(251) 338-1300


 


Sept 7, 14 & 21, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Eric Mayo and Lanitta Mayo to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s Successors and Assigns dated September 29, 2005, and Recorded in Doc. #:M-2005-4625 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. 3369346 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 October 8, 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:


Commence at the Northwest corner of the Northwest 1/4 of the Southwest 1/4, Section 34, Township 11 South, Range 3 East, and run Easterly along the North line of said Northwest 1/4 of the Southwest 1/4 a distance of 1326.0 feet to the Northeast corner thereof; thence deflect 124 degrees 24 minutes right and run a distance of 415375 (more correctly as 415.74) feet to a Point on the Easterly right of way line of the Altoona-Walnut Grove Highway, which is the Point of Beginning.  From said Point of Beginning deflect 1 degrees 36 minutes left and run in a Southwesterly direction along the Easterly line of said Altoona-Walnut Grove Highway a distance of 83.29 feet; thence deflect 2 degrees 53 minutes left and continue Southwesterly along said Easterly right of way line a distance of 129.6 feet; thence deflect 87 degrees 07 minutes left and run a distance of 169.09 feet; thence deflect 77 degrees 50 minutes left and run a distance of 217.63 feet; thence deflect 102 degrees 10 minutes left and run a distance of 221.38 feet to the Point of Beginning.  The above Parcel of land being a portion of the Northwest 1/4 of the Southwest 1/4, Section 34, Township 11 South, Range 3 East, 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


Beth McFadden Rouse


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Sept 14, 21 & 28, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain Commercial Real Estate Mortgage and Assignment of Leases and Rents executed by THE REDFIELD GROUP, INC., to BRANCH BANKING AND TRUST COMPANY, successor in interest to Colonial Bank by asset acquisition from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Mortgagee, on the 25th day of November 2002, said mortgage recorded on December 4, 2002, in the Probate Office of Etowah County, Alabama, as Document Number M-2002-5623, as affected by that certain Assignment of Security Instruments and Other Loan Documents from the Federal Deposit Insurance Corporation in its capacity as Receiver for Colonial Bank to Branch Banking and Trust Company (BB&T), recorded in the aforesaid Probate Office, on October 27, 2009, as Instrument Number 3322250, under and by virtue of the power of sale contained in said mortgage, Mortgagee will sell at public outcry to the highest bidder for cash, in front of the main entrance to the Courthouse at Gadsden, Etowah County, Alabama on the 16th day of November 2012, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to wit:


 


Commence at the Southeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section Twenty-nine (29) Township Twelve (12) South, Range Six (6) East and run Westerly along the South line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) a distance of 312.5 feet; thence deflect 44˚ 49′ left and Southwesterly along the Southeasterly line of Lot Three (3), Block One (1) of the J. H. Summers Second Addition to Summerville as recorded in Plat Book “B”, Page 100, in the Probate Office of Etowah County, Alabama, a distance of 138.71 feet to the point of beginning; from said point of beginning continue Southwesterly along the Southeasterly line of said Lot Three (3) a distance of 200 feet to a point on the Northeasterly right of way line of Spurlock Avenue; thence deflect 90˚ right and run Northwesterly along the Northeasterly right of way line of Spurlock Avenue a distance of 276.8 feet to a point on the Southeasterly right of way line of Rainbow Drive; thence deflect 90˚ 25′ 30″ right and run Northeasterly along the Southeasterly right of way line of Rainbow Drive a distance of 200 feet; thence deflect 89˚ 34′ 30″ right and run a distance of 275.32 feet to the point of beginning.


 


Said parcel of land being a portion of Lots One (1), Two (2) and Three (3), Block One (1) of the J. H. Summers Second Addition to Summerville as recorded in Plat Book “B”, Page 100, in the Probate Office of Etowah County, Alabama, and a portion of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section Twenty-nine (29), Township Twelve (12) South, Range Six (6) East.


 


Being subject to an easement 15 feet in width across the Northwesterly portion of the property adjacent to Rainbow Drive.  Lying and being in Rainbow City, Etowah County, Alabama.


 


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


 


Mortgagee makes no representation or warranty as to the physical condition of the real estate and/or any improvements thereon.  Mortgagee is not familiar with the environmental condition of the real property and makes no statements or warranties that said real estate is or is not free of any hazardous and/or toxic substances.  Any purchasers of said real estate will release and will hold and save Mortgagee harmless from and against all claims, losses, demands, costs, expenses (including attorney fees and other legal costs), liabilities, damages and judgments arising out of or related to Mortgagee’s use (past, present, or future) of said real estate or breach of this representation.


 


The above-described property will be sold on an “as is, where is” basis, subject to any filed taxes, and reservations and restrictions contained in prior deeds and easements for highway and/or road rights of way, telephone utility lines, rights of egress and ingress.  Said property will be sold without representation, warranty or recourse, express or implied, as to title, use and/or enjoyment of the property described above, and will be sold subject to the statutory right of redemption.  This sale is subject to postponement or cancellation; contact D. Brent Hargett at the phone number shown below prior to attendance at sale.


 


By: D. Brent Hargett


Attorney for Mortgagee


SASSER, SEFTON, BROWN, TIPTON & DAVIS, P.C.


2000 Interstate Park Drive, Suite 300


Montgomery, AL  36109


(334) 532-3400


 


Sept 14, 21 & 28, 2012


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA COUNTY OF ETOWAH


Default having been made in the indebtedness secured by that certain mortgage executed by Kenneth R. White to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Peoples Independent Bank dated October 22, 2007 said mortgage being recorded in Instrument No. 3282058 in the Office of the Judge of Probate of Etowah County, AL. . The undersigned, Alabama Housing Finance Authority, 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 , Etowah County, AL during the legal hours of sale, on 4th day of October, 2012 the following property, situated in Etowah County, AL, to-wit:


 


Lot Number Twenty (20) in Block Number Five (5) in Walnut Park Addition to the City of Gadsden as recorded in Book of Town Plats “B” , page 117, in the Probate Office, and being in Etowah County, Alabama. Said property is commonly known as 414 Wilson Street, Gadsden, AL 35904. 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 Kenneth R. White 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. 911112 www.foreclosurehotline.net


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


 


Sept 14, 21 & 28, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Richard Doyle Betts, married and Janice Betts, to Household Finance Corporation of Alabama, on the 25th day of June, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument No. 3274143; the undersigned Household Finance Corp of Alabama, 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 October 15, 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 One (1) and Two (2) in Block One (1), in Owens Record Addition, according to map or plat thereof, recorded in Plat Book G, Page 149, Probate Office, Etowah County, Alabama. and lying and being in Gadsden, Etowah County, Alabama, subject to rights of Alabama Power Company as shown in Book 5-Y, page 150 and Book 1050, Page 147, said Probate Office.


 


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.


Household Finance Corp of Alabama, 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


182955


 


Sept 14, 21 & 28, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 2, 2004, executed by Jerry W. Alexander and wife, Peggy S. Alexander, to Mortgage  Electronic  Registration  Systems, Inc. solely  as nominee for  Gadsden  Mortgage  Services, Inc., which mortgage was recorded on November 4, 2004, in Doc # M-2004-4806, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to JPMorgan Chase Bank, National Association, the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on July 24, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


Lot Number Four (4) in Block B of Kimball Addition Number 2 to Southside, Alabama, as recorded in Plat Book H, Page 60, in the Probate Office of Etowah County, Alabama.


 


JPMorgan Chase Bank, National Association


Transferee


Robert J. Wermuth/cls


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


The sale provided for hereinabove was postponed on the 24th day of July, 2012; was further postponed on the 28th day of August, 2012 by public announcement being made at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on the 2nd day of October, 2012, at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.


 


Sept 14, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 12, 2001, executed by Doug McGlaughan, married and wife, Karen McGlaughan, to Mortgage Electronic Registration Systems, Inc. as nominee for Molton, Allen & Williams Mortgage Co. LLC, which mortgage was recorded on January 16, 2001, in Doc. Number M-2001-0163, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to Wells Fargo, National Association, successor to Wells Fargo Bank Minnesota, N.A. as trustee for the reperformance loan Remic Trust Series 2002-2, the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on August 28, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


PARCEL ONE:


A tract of land described as beginning 204 feet West measured along the South side of Lester Street, from the Northeast corner of Lot Number Nineteen (19) in Block “C” of Sims Addition to Glencoe, recorded in Plat Book “C”, Page 227 of the Etowah County records; thence from said point of beginning, continue West along Lester Street 100 feet to a point; thence deflect an angle of 90 degrees 00 minutes to the left and run 100 feet to a point; thence deflect an angle of 90 degrees 00 minutes to the left and run 100 feet to a point; thence deflect an angle of 90 degrees 00 minutes to the left and run 100 feet to the point of beginning, and being a portion of Lots Numbers Nineteen (19) and Twenty (20) of Block “C” of Sims Addition to Glencoe, as recorded in Plat Book “C”, Page 227, in the Probate Office of Etowah County, Gadsden, Alabama, and lying and being in Glencoe, Etowah County, Alabama.


PARCEL TWO:


To find the point of beginning of the hereinafter described parcel of land commence at the Northeast corner of Lot Number Twenty-one (21), Block C, Sims Addition to Glencoe, according to the map or plat thereof recorded in Plat Book “C”, Page 227, Probate Office, Etowah County, Alabama; thence run West and along the North line said lot a distance of 168 feet to a point, said point being the point of beginning, from said point of beginning run South and along the line parallel with the West line of said lot and the West line of Lot Twenty-two (22), said subdivision, a distance of 100 feet to a point in the South line of said Lot Twenty-two (22); thence run West and along the South line of said Lot Twenty-two (22) a distance of 100 feet to a point; thence run North and along a line parallel with West line of Lots Twenty-two (22) and Twenty-one (21) said subdivision, to a point in the North line of Twenty-one (21); thence run East and along the North line of Lot Twenty-one (21) a distance of 100 feet to the point of beginning.  Said parcel of land embracing a portion of Lots Twenty-one (21) and Twenty-two (22) in Block C, Sims Addition to Glencoe, according to the map or plat thereof recorded in Plat Book C, Page 227, Probate Office, Etowah County, Alabama.


Wells Fargo, National Association, successor to Wells Fargo Bank Minnesota, N.A. as trustee for the reperformance loan Remic Trust Series 2002-2


Transferee


The sale provided for hereinabove was postponed on the 28th day of August, 2012, by public announcement being made in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on the 2nd day of October, 2012, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.


Robert J. Wermuth/ami


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Sept 14, 2012


NOTICE TO


FILE CLAIMS


 


MICHAEL W. RADFORD appointed Personal Representative (s) on July 30, 2012 Estate of CLAUDE RADFORD, JR, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


JAMES MICHAEL ARTHUR appointed Personal Representative (s) on August 17, 2012, 2012 Estate of VERNICE RUTH ARTHUR, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


MICHAEL E. BROWNING appointed Personal Representative (s) on August 17, 2012 Estate of MARY ELIZABETH BROWNING, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


MYRA M. CARMICHAEL appointed Personal Representative (s) on April 26, 2012 Estate of BILLY LACOUNT, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


DIANE CLEVENGER appointed Personal Representative (s) on August 17, 2012 Estate of JAMES MARION CRANFORD, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


ANGELA BRACKETT AND APRYL GARRISON appointed Personal Representative (s) on August 22, 2012, 2012 Estate of PATRICIA SMITH, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


LINDA JEAN WISE JOHNSTON appointed Personal Representative (s) on July 30, 2012 Estate of JENNIE INEZ WISE, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


DIXIE NELL MINATRA appointed Personal Representative (s) on August 13, 2012, 2012 Estate of BESSIE MINATRA, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


A.J. NABORS appointed Personal Representative (s) on August 13, 2012 Estate of ANNIE RUTH DANIEL NABORS, 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


 


Aug 31, Sept 7 & 14, 2012


NOTICE TO


FILE CLAIMS


 


AMELIA HOPE RAINS SKELTON, appointed Personal Representative (s) on August 24, 2012, Estate of RUBY JO RAINS, 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


 


Sept 7, 14 & 21, 2012


NOTICE TO


FILE CLAIMS


 


ANN ALEXANDER THOMAS, appointed Personal Representative (s) on August 10, 2012, Estate of MATTIE LOU WALKER BARNES, 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


 


Sept 7, 14 & 21, 2012


NOTICE TO


FILE CLAIMS


 


CAROLYN HUDSON AND THOMAS W. HUDSON, appointed Personal Representative (s) on August 23, 2012, Estate of MARGARETE C. HUDSON, 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


 


Sept 7, 14 & 21, 2012


NOTICE TO


FILE CLAIMS


 


ANDREA RENEE LITTLE NORTON, appointed Personal Representative (s) on August 24, 2012, Estate of BOBBY WINSLEY LITTLE, 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


 


Sept 7, 14 & 21, 2012


NOTICE TO


FILE CLAIMS


 


JAMIE PICKARD, appointed Personal Representative (s) on August 24, 2012, Estate of JAMES M. PICKARD JR., 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


 


Sept 7, 14 & 21, 2012


NOTICE TO


FILE CLAIMS


 


VIRGINIA S. SEWELL, appointed Personal Representative (s) on July 25, 2012, Estate of MICHAEL KEITH SEWELL, 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


 


Sept 7, 14 & 21, 2012


NOTICE TO


FILE CLAIMS


 


MICHAEL TODD CAMPBELL, appointed Personal Representative (s) on August 8, 2012, Estate of JESSIE PAULINE CAMPBELL, 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


 


Sept 14, 21 & 28, 2012


NOTICE TO


FILE CLAIMS


 


EDWARD BRIAN ROBERTSON, appointed Personal Representative (s) on August 27, 2012, Estate of EDWARD F. ROBERTSON A/K/A EDWARD FRANKLIN ROBERTSON, 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


 


Sept 14, 21 & 28, 2012


NOTICE TO


FILE CLAIMS


 


JANICE MARIE AGAN, appointed Personal Representative (s) on August 31, 2012, Estate of MINNIE BELL AGAN, 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


 


Sept 14, 21 & 28, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to LYNN MATHIS, 1120 JUPITER STREET, GADSDEN, AL. 35901, 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, SEPTEMBER 25TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1103 RANDALL STREET in District 5 in the City of Gadsden, more particularly described as:


 


Lot 11, Block C, of Elliott Addition No. 2, Plat Book B, Pg 3, Gadsden 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


 


Sept 14, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to STATE OF ALABAMA, P.O. Box  327210, Montgomery, Al. 36132, FIRST FAMILY FINANCIAL SERVICES INC. and VIRGINIA BARFIELD  2023 Mclain Circle, Gadsden, Al. 35901 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, SEPTEMBER 25TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1404 CANSLER AVENUE in District 3 in the City of Gadsden, more particularly described as:


 


A lot of parcel of land described as beginning at the north east corner of Lot Number One (1), and from thence run in an westerly direction and along the north lines of Lots Numbers One (1) and Three (3) a distance of seventy-five (75) feet to a point; thence in a southerly direction and parallel with the east line of said Lot Number Three (3) a distance of ninety (90) feet to point; thence in an easterly direction and parallel to the north lines of said Lots Numbers Three (3) and One (1) a distance of seventy-five (75) feet to a point in the east line of said Lot Number One (1); thence in a northerly direction and along the east line of Lot Number One (1) a distance of Ninety (90) feet to the point of beginning, said description embracing portions of Lots Numbers One (1) and Three (3), in Block Number Eleven (11), in the Hill and Cansler Addition to Gadsden, according to the map or plat thereof as recorded in Plat Book “A” pages 74 and 75, Pg 55, Probate Office Gadsden, 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


 


Sept 14, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to KENNETH L. MACKEY, C/O BRANDY CLINE GLASS, 624 Osborne St. Attalla, Al. 35954 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, SEPTEMBER 25TH                      at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at #1 MITCHELL AVENUE  in District 6 in the City of Gadsden, more particularly described as:


 


Lot 85, Parcel 5 of Cone Mills Corporation Property according to the map thereof recorded in Plat Book F, Pg 51-65, 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


 


Sept 14, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, Al. 36132 and KIM F. PARKER dba THE PARKER COMPANY  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, SEPTEMBER 25TH  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 307 SPRINGDALE ROAD  in District 2 in the City of Gadsden, more particularly described as:


 


Lot 20 in Block H, of Oakleigh Estates, according to the map thereof recorded in Plat Book G, Page 55, 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


 


Sept 14, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


IN RE: THE ESTATE OF LOIS DOWNEY, DECEASED


CASE NO. S-7005


TO: Herbert Acres, Orvis Lavoy Acres, Luann Davis, Rhonda D. Jobe, Tibby Disney, Katrina Cherry, Steve M. Disney and any other interested person.


Notice is hereby given that Kathy Downey and Jane Acres have applied for a hearing for the Petition for Probate of Will and for Letters of Testamentary in the above referenced cause. The Court has appointed the 26th day of September, 2012, at 10:00 o’clock a.m. as the time set for hearing on said Petition, at which time you may appear and contest same if you deem proper to do so.


Given under my hand, this 17th day of August, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Alan Hunt, LLC


P. O. Box 86


Piedmont, AL 36272


 


Aug 31, Sept 7 & 14, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


IN RE: ADOPTION PETITION OF CHILD BORN TO LISA ANN SMITH


NOTICE TO: JOSHUA WAYNE ELLISON, LEESBURG, ALABAMA, THE KNOWN PARENT WHOSE ADDRESS IS UNKNOWN OR UNDISCLOSED, OF ADOPTION OF A CHILD BORN TO LISA ANN SMITH


TO WHOM IT MAY CONCERN: Notice that a Petition for the adoption of a child born on April 29, 2001, to Lisa Ann Smith, biological mother is set to be heard on October 24, 2012 at 2:00 p.m. The petition was filed on the 27th day of July, 2012. It alleges that the identity of the biological father of said minor child is known, but his residence is unknown, and his last address was Leesburg, Alabama, but his actual address cannot be ascertained through the exercise of due diligence.


Be advised that if 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 Stewart Burns, Esquire, Attorney for the Petitioner, whose address is shown below and Bobby M. Junkins, Probate Judge, Etowah County Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.


DONE this the 28th day of August, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Aug 31, Sept 7, 14 & 21, 2012


 


LEGAL NOTICE


 


J&D ENTERPRISES, LLC hereby gives notice of completion of the contract with The City of Rainbow City for Asphalt repair on various streets. This notice will appear for (4) weeks, once weekly beginning on September 14, 2012 and ending on October 5, 2012. All claims should be filed at the Rainbow City & Utilities Board Engineering Department, 3700 Rainbow Drive, Rainbow City, AL 35906.


 


James B. Brannon, President


 


Sept 14, 21, 28 & Oct 5, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO.: S-6977


IN THE MATTER OF THE LAST WILL AND TESTAMENT OF: E.G. MCGARITY, DECEASED


NOTICE TO: CHARLES ALAN MCGARITY AND BLAKELY MCGARITY


Please take notice that a certain paper, purporting to be the Last Will and Testament of E.G. McGarity, was filed in the Probate Office of Etowah County, Alabama, by ANN C. MCGARITY and that the 18th day of October, 2012, at 10:00 a.m. o’clock is 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


 


Sept 14, 21, 28 & Oct 5, 2012


 


LEGAL NOTICE


 


COLIFORM BACTERIA DETECTED IN WATER SAMPLES


THE BIG WILLS WATER AUTHORITY ROUTINELY MONITORS YOUR DRINKING WATER FOR TOTAL COLIFORM BACTERIA. WE COLLECTED 5 SAMPLES FOR COLIFORM BACTERIA IN JULY AND 3 SAMPLES SHOWED THE PRESENCE OF COLIFORM BACTERIA. THE STANDARD IS THAT NO MORE THAN ONE SAMPLE CAN SHOW THE PRESENCE OF COLIFORM BACTERIA IN A MONTH.


 


COLIFORMS ARE BACTERIA THAT ARE NATURALLY PRESENT IN THE ENVIRONMENT AND ARE USED AS AN INDICATOR THAT OTHER, POTENTIALLY HARMFUL, BACTERIA MAY BE PRESENT. COLIFORMS WERE FOUND IN MORE SAMPLES THAN ALLOWED AND THIS WAS A WARNING OF POTENTIAL PROBLEMS.


 


PLEASE SHARE THIS INFORMATION WITH ALL THE OTHER PEOPLE WHO DRINK THIS WATER, ESPECIALLY THOSE WHO MAY NOT HAVE RECEIVED THIS NOTICE DIRECTLY (FOR EXAMPLE, PEOPLE IN APARTMENTS, NURSING HOMES, SCHOOLS, AND BUSINESSES). YOU CAN DO THIS BY POSTING THIS NOTICE IN A PUBLIC PLACE OR DISTRIBUTING COPIES BY HAND OR MAIL.


 


SINCE JULY ALL 14 SAMPLES TAKEN HAD NO COLIFORM BACTERIA IN ANY SAMPLES TAKEN, IN THE FUTURE IF ANY SAMPLES SHOW POSITIVE FOR COLIFORM REPEAT SAMPLES WILL BE TAKEN THE FOLLOWING DAY TO ENSURE DRINKING WATER STANDARDS ARE MET.


SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS VIOLATION OR MONITORING REQUIREMENTS, PLEASE CONTACT: BIG WILLS WATER OPERATOR CAMERON HORSLEY.


 


Sept 14, 2012


 


LEGAL NOTICE


 


IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA


CASE NO.: DR-12-900082-WBO


JOHNNY RAY RICHARDSON,


PLAINTIFF


VS.


RANDI JEANE YENOUR-RICHARDSON,


DEFENDANT


The Plaintiff, Johnny Ray Richardson, hereby notifies the Defendant, Randi Jeane Yenour-Richardson, that he has filed a Complaint for Divorce in the above styled cause, and further notifies Randi Jeane Yenour-Richardson that she has thirty (30) days in which to file a response to his Complaint or else Johnny Ray Richardson shall take a default judgment.


 


Sept 14, 21, 28 & Oct 5, 2012


 


NOTICE OF


ADOPTION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


IN THE MATTER OF: THE ADOPTION PETITION OF WILLOWDEAN MITCHELL


NOTICE TO: UNKNOWN FATHER of a minor child born to Tabatha Dean Mitchell on January 2, 2000


Please take note that a petition of adoption has been filed in the Probate Court by Willowdean Mitchell, and the hearing is set for the 30th day of October, 2012 at 10:00 a.m.


Please be advised that if you intend to contest this adoption you must file a written response within thirty (30) days hereof with counsel for said Petitioner whose address is shown below and with the Clerk of the said Probate Court.


 


Attorney for Petitioner:


Frank W. Bailey


826 Chestnut Street


Gadsden, AL 35901


256-546-5666


 


Bobby M. Junkins


Judge of Probate


 


Aug 24, 31, Sept 7 & 14, 2012


 


PUBLICATION ON


ADOPTION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. A-563


IN THE MATTER OF: THE ADOPTION OF A CHILD BORN TO CHRISTY MCDANIEL


NOTICE TO CHESTER THOMAS, WHEREABOUTS UNKNOWN


You will take notice that a Petition for the Adoption of a child born to CHRISTY MCDANIEL, (Natural Mother), is set to be heard on October 30, 2012 at 10:30 a.m., alleging that the identity of the natural parent of said minor child is unknown and has 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 February 18, 1996.


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 Emily Hawk Raley, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.


DONE this 24th day of August, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Emily Hawk Raley


153 S. 9th Street


Gadsden, AL 35901


 


Aug 31, Sept 7, 14 & 21, 2012


 


PUBLICATION ON


ADOPTION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO.: A-572


IN THE MATTER OF: THE ADOPTION OF: BABY BOY HARRIS


NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF: BABY BOY HARRIS, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.


You will take notice that a Petition for the Adoption of Baby Boy Harris, (born to Kenyatta Lashae Harris, Natural Mother), was filed on the 25th day of July, 2012, alleging that the identity of the natural father is unknown or has 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 07/02/12.


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 Robert M. Echols, Jr., whose name and address is shown below), and with the Clerk of the Probate Court of Etowah County, P.O. Box 187, Gadsden, Alabama 35902.


DONE this 28th day of August, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Robert M. Echols, Jr.


4 Office Park Circle, Suite 116


Birmingham, Alabama 35223


 


Aug 31, Sept 7, 14 & 21, 2012


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-7049


IN RE: THE ESTATE OF LOU ANN TUCKER, DECEASED


R. KENT HENSLEE has filed in this court an instrument purporting to be the Last Will and Testament of LOU ANN TUCKER, Deceased, and prays for admission to probate said instrument as the true Last Will and Testament of said decedent.


You are hereby further notified to appear on or before the 4th day of October, 2012, at 11:00 a.m., when said petition will be heard and to contest said will should you see fit.


Dated this the 27th day of August, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Aug 31, Sept 7 & 14, 2012


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


IN RE: THE ESTATE OF VERNON L. LYNCH, DECEASED.


Notice to: All creditors, heirs or distributes and all other person interested in the Estate of Vernon L. Lynch, deceased:


You will hereby take notice that Toni L. Henry, as Administrator of the Estate of Vernon L. Lynch, filed a Report of Insolvency of said Estate on the 20th day of August, 2012.


You are hereby notified that a hearing on the Petitioner’s Report of Insolvency will be held at my office in the Etowah County Courthouse, on the 16th day of October, 2012, at 2:00 o’clock p.m. when the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency should be denied.


This the 10th day September, 2012 at Gadsden, Alabama.


 


Bobby M. Junkins


Judge of Probate


 


Sept 14, 21 & 28, 2012


 


NOTICE OF


COMPLETION


 


In accordance with Chapter 1, Title 39, Code of Alabama, notice is hereby given that Barclay Contracting, Inc., Contractor, has completed the Contract for (Construction) of A New Glencoe Fire Department and A New Glencoe Water and Sewer Board Site in Glencoe, AL for the City of Glencoe Fire Department and the Glencoe Water & Sewer Board, Owner(s), 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 CDG Engineers & Associates (P.O. 2070; Albertville, AL 35950)


 


Barclay Contracting, Inc.


P. O. Box 1538


Gadsden, AL 35902


 


Aug 24, 31, Sept 7 & 14, 2012


 


NOTICE OF


ADVERTISEMENT FOR BIDS


 


Project No. SM-CE-PF-09-018


TOWN OF ALTOONA


P. O. Box 279


Altoona, AL  35952


Separate sealed bids for Altoona Multi-Purpose Athletic Field including sitework, chainlink field and perimeter fences and gates, irrigation system, root zone fill, laser grading, sod, parking area, access drive, water service, goal posts and related items will be received by the Town of Altoona at the office of the Town of Altoona, Town Hall, 2844 Main Street, Altoona, AL 35952 until 3:00 P.M., CDST, Wednesday, October 3, 2012, and then at said office publicly opened and read aloud.


 


The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Form of Bid Bond, Performance and Payment Bond, and other Contract Documents may be examined at the following:


 


Town of Altoona, Altoona, AL


Ladd Environmental Consultants, Inc., Fort Payne, AL


McGraw Hill Construction Dodge


iSqFt Plan Room, 800-364-2059


Copies may be obtained at the office of Ladd Environmental Consultants, Inc., located at 1207 Chitwood Avenue, SE, Fort Payne, AL 36967-4822 (P. O. Box 680869, Zip Code 35968-1609), Phone: 256-845-5315, upon payment of a plan deposit of $100.00 for each set. 


 


Unsuccessful bidders will be refunded 100% of the plan deposit for one set returned to the Engineer, in reusable condition, within 10 days after the bid opening.  Additional sets obtained shall be refunded 50% of the plan deposit.


 


All non-bidders, subcontractors, vendors or dealers shall be refunded 50% of the plan deposit for each set returned to the Engineer, in reusable condition, within 10 days after the bid opening.


 


The plan deposit amount as indicated above is in accordance with Alabama Act No. 97-225 (Title 39, Code of Alabama, 1975, As Amended) relating to the competitive bid laws for public works.


 


The Owner reserves the right to waive any informalities or to reject any or all bids.


 


Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders.


 


Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract, Section 3, Segregated Facility, Section 109 and E.O. 11246.


 


All Bidders must comply with the requirements of the State Licensing Board for General Contractors (Latest Edition) and with the Alabama Act No. 97-225 (Title 39, Code of Alabama, 1975 as Amended) relating to competitive bid laws for public works.


 


All Bidders must be properly licensed in accordance with the requirements of the State Licensing Board for General Contractors (Chapter 8, Title 34, Code of Alabama, 1975 or latest).


 


No bidder may withdraw his bid within 60 days after the actual date of the opening thereof.


 


OWNER:  TOWN OF ALTOONA


August 29, 2012


Richard Nash, Mayor


 


Aug 31, Sept 7 & 14, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that on October 18, 2012 at 11:00 a.m. the following vehicles will be sold by sealed bids for towing and storage charges due.


 


2002 Ford Explorer VIN# 1FMZU 63K52 UD47293


 


Steve’s Towing, Inc.


1719 Kyle Ave


Gadsden, AL 35901


 


Sept 7 & 14, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on October 18, 2012 for charges due.


 


1978 Chevrolet EL Camino VIN# 1W80M 8D496844


 


Lee Herod


5119 Jenkins Rd


Glencoe, AL 35905


 


Sept 14 & 21, 2012


 


 


 

 
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