Legal Notices for the week of Sept 21 - Oct 4, 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


 


Default having been made in the indebtedness secured by that certain mortgage executed by Kenneth R. White, an unmarried man, 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, Alabama.  Said Mortgage was last sold, assigned and transferred to Alabama Housing Finance Authority by assignment recorded in Instrument No. 3369258 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 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 4th day of October, 2012 the following property, situated in Etowah County, Alabama, 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


Ray A. Carle


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 described in and secured by that certain mortgage executed by Jonathan Nabors, a single man to Mortgage Electronic Registration Sytems, Inc.,(MERS) acting solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns dated May 27, 2010, and Recorded in Instrument Number 3332777 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 Number 3364688 of said Probate Court Records:   notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the October 24, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue, Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


 


A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 27, IN TOWNSHIP 11 SOUTH, RANGE 7 EAST, HUNTSVILLE MERIDIAN, ETOWAH COUNTY, ALABAMA, SAID PROPERTY BEING A PART OF LOT 20 OF THE UNRECORDED PLAT OF OPEN MEADOWS ESTATES AND BEING DESCRIBED AS FOLLOWS: 


 


TO FIND THE POINT OF BEGINNING, COMMENCE AT THE SOUTHWEST CORNER OF THE SW 1/4  OF THE SE 1/4 OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 7 EAST, SAID POINT BEING SOUTH 88 DEGREES 06 MINUTES EAST A DISTANCE OF 2656.10 FEET OF AN EXISTING IRON PIN MARKING THE SOUTHWEST CORNER OF SAID SECTION 27, AND BEING IN THE BACHELORS CHAPEL ROAD.  THENCE SOUTH 88 DEGREES 06 MINUTES EAST A DISTANCE OF 17.5 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE BACHELORS CHAPEL ROAD, THENCE NORTH 00 DEGREES 49 MINUTES EAST ALONG THE EAST LINE OF SAID ROAD A DISTANCE OF 340.54 FEET TO THE POINT OF BEGINNING OF THE HEREAFTER DESCRIBED PARCEL OF LAND, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 20 OF THE UNRECORDED PLAT OF OPEN MEADOWS EASTATES, THENCE CONTINUE NORTH 00 DEGREES 49 MINUTES EAST ALONG THE EAST LINE OF SAID ROAD A DISTANCE OF 135.0 FEET, THENCE EASTERLY WITH AN INTERIOR ANGLE OF 88 DEGREES 44 MINUTES A DISTANCE OF 279.60 FEET, THENCE SOUTHERLY WITH AN INTERIOR ANGLE OF 91 DEGREES 16 MINUTES A DISTANCE OF 135.00 FEET, THENCE WESTERLY WITH AN INTERIOR ANGLE OF 88 DEGREES 44 MINUTES A DISTANCE OF 279.60 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 THE PROBATE WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.


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


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


Bank of America, N.A., 


Mortgagee


William S. McFadden


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Sept 21, 28 & Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having being made in the payment of the indebtedness secured by that certain mortgage executed by Ronny S. Stewart in favor of Swartz and Brough dated December 7, 2007, and recorded in Instrument #3287275, and being assigned to Walter Investment Management Corporation subsequently assigned to Green Tree Servicing LLC 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, 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 October 16, 2012; during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to –wit:


               


Commencing at a nail and disk found at the purported NW corner of the SW ¼ of the SW ¼ of Section 1, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama; thence South 01 degrees 50 minutes East 538.82 feet to an ½” rebar found within the right of way limits of Smith Chapel Road, said point being the true point of beginning for the property herein described; thence from the true point of beginning, North 85 degrees 35 minutes 55 seconds East 40.92 feet to an ½” rebar found; thence North 77 degrees 44 minutes 55 seconds East 100.81 feet to an ½” rebar found; thence North 83 degrees 46 minutes 56 seconds East 20.80 feet along an existing fence line to an ½” rebar found; thence South 10 degrees 40 minutes 24 seconds East 74.52 feet along an existing fence line to an ½” rebar found; thence South 11 degrees 17 minutes 31 seconds East 56.38 feet along an existing fence line to an ½” rebar found; thence South 11 degrees 01 minutes 51 seconds East 105.37 feet along an existing fence line to an ½” rebar found; thence South 88 degrees 47 minutes 00 seconds West 157.00 feet to an ½” rebar found within the right of way limits of said Smith Chapel Road; thence South 88 degrees 47 minutes 00 seconds West 41.15 feet to a 5/8” rod found within the right of way limits of Smith Chapel Road; thence within said right of way limits, North 01 degrees 50 minutes West 209.50 feet to the point of beginning for the property herein described; said lands lying and being in 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 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


 


Sept 21, 28 & Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed on 03/07/2007 by Marion Ragene Teague, a married woman, to Union State Bank, said mortgage being recorded in the office of the Judge of Probate of Etowah County, Alabama, in Instrument No. 3266834, the undersigned Union State Bank as mortgagee, 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 Etowah County Courthouse, Gadsden, on the 16th day of October, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


A part of the NW 1/4 of the NE 1/4 of Section 32, Township 12 South, Range 3 East, Etowah County, Alabama, more particularly described as follows: Begin at the Northeast corner of said NW 1/4 of NE 1/4, thence South 88 degrees 07 minutes 52 seconds West, 1371.19 feet to a pipe found; thence South 0 degrees 36 minutes 00 seconds East, 1393.0 feet to a pipe found; thence North 87 degrees 48 minutes 30 seconds East, 538.52 feet to a pipe found; thence North 41 degrees 54 minutes 40 seconds East, 511.95 feet to a pipe found; thence North 34 degrees 24 minutes 37 seconds West, 420.1 feet to a pipe found; thence North 55 degrees 28 minutes 56 seconds East, 210.0 feet to a pipe found; thence South 34 degrees 57 minutes 20 seconds East, 353.96 feet to an iron set; thence North 27 degrees 36 minutes 35 seconds East, , 135.78 feet to an iron set; thence South 54 degrees 10 minutes 42 seconds East, 280.16 feet to an iron set on the North right of way of a paved county road; thence North 29 degrees 49 minutes 50 seconds East, 80.00 feet along right way to a pipe found; thence leaving road run North 32 degrees 21 minutes 18 seconds West, 173.09 feet to an iron set; thence South 63 degrees 541 minutes West, 88.06 feet to a pipe found; thence North 0 degrees 54 minutes West, 229.66 feet to a pipe found; thence North 63 degrees 41 minutes East 210.0 feet to a pipe found; thence North 0 degrees 54 minutes West, 404.74 feet to a pipe found in a rockpile and the point of beginning. Containing 33.15 acres, more or less.


 


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


JAMES H. GREER


Attorney for Mortgag


P.O. Box 360345


Birmingham, AL  35236


205/987-2211


MORTGAGEE


Union State Bank


3437 Lorna Road


Hoover, Alabama 35215


 


Sept 21, 28 & Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Brett A. Matthews and Kellie M. Overbey, husband and wife  to Mortgage Electronic  Registration Systems, Inc.,(MERS) acting solely as nominee for Lender  First Federal Bank and Lender’s successors and assigns dated April 30, 2010, and Recorded in Instrument Number 3331414 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 Number 3363729 of said Probate Court Records:   notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the October 24, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue, Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


 


LOTS THIRTEEN (13) AND FOURTEEN (14) IN BLOCK FIFTY-SIX (56) OF SOUTH GADSDEN ADDITION,AS RECORDED IN PLAT BOOK “B”, PAGES 314 AND 315, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF THE PROBATE WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.


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


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


Bank of America, N.A., 


Mortgagee


William S. McFadden


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Sept 21, 28 & Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tracy Harper and James Samuel Harper, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for EquiPrime, Inc., on the 9th day of June, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number: M-2003-2942 along with Affidavit recorded in Document Number: Misc-2004-0044; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in , 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 October 22, 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 Four, in Block “J” of Elliott Addition Number Two, as recorded in Plat Book “B”, Pages 2 and 3, Probate Office, Etowah County, Alabama, and lying and being in 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


264599


 


Sept 21, 28 & Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Cullen J. Rusk and Janna M. McDonald to Hankins Mortgage Company, Inc. dated May 28, 1987, and Recorded in Book 1539, Page 348 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was  assumed by Gary Holcomb and Karen Holcomb, husband and wife which said mortgage was subsequently assigned to Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by recorded in Instrument No. 3345038 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on March 9, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Ave Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


 


LOT NUMBER SEVEN (7) IN BLOCK NUMBER SEVEN (7) OF R. A. GRIFFIN, FIRST SUBDIVISION EAST GADSDEN, ALABAMA, AS RECORDED IN PLAT BOOK “A”, PAGE 422, IN THE PROBATE OFFICE OF ETOWAH COUNTY, GADSDEN, ALABAMA.


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS”  BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF THE PROBATE WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.


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


Bank of America, N.A.


Mortgagee


William S. McFadden


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


718 Downtowner Blvd.


Mobile, AL  36609


 


The sale provided for hereinabove which was originally scheduled for the  9th  day of March, 2012,  was further postponed until April 13, 2012, and further postponed until May 31, 2012; and further postponed until July 16, 2012; and further postponed until August 23, 2012 was further postponed  by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Ave Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on October 9, 2012 at the public entrance of the Etowah County Court House, 800 Forest Ave Gadsden, AL 35901, during the legal hours of sale.


 


Sept 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mike A. Alfred and Susan M. Alfred, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Wilmington Finance, Inc. , on the 31st day of May, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3247959; said mortgage having subsequently been transferred and assigned to U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, by instrument recorded in Instrument Number 3353386, in the aforesaid Probate Office; the undersigned U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 21, 2011, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:


 


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


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.


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


The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.


This sale is subject to postponement or cancellation.


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


Andy Saag


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


220185


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


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


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


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


The above mortgage foreclosure sale has been postponed until 07/30/2012 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 09/17/2012 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 11/05/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.


 


Sept 21, 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 TO


FILE CLAIMS


 


NORMAN VANDEGRIFT, appointed Personal Representative (s) on August 30, 2012, Estate of AGNES VANDEGRIFT, 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 21, 28 & Oct 5, 2012


 


NOTICE TO


FILE CLAIMS


 


STEVEN ROBERT GROSS AND KATHY ERNST GROSS, appointed Personal Representative (s) on September 10, 2012, Estate of PATRICIA ANN GROSS, 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 21, 28 & Oct 5, 2012


 


NOTICE TO


FILE CLAIMS


 


KAY BROUGHTON HUFFMAN, appointed Personal Representative (s) on September 10, 2012, Estate of CARY HOOD BROUGHTON, 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 21, 28 & Oct 5, 2012


 


NOTICE TO


FILE CLAIMS


 


SHEILAH D. MCGINNIS, appointed Personal Representative (s) on September 1, 2012, Estate of LINDA GAIL MCGINNIS EAVES, 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 21, 28 & Oct 5, 2012


 


NOTICE TO


FILE CLAIMS


 


ROY DALE LAMAR, appointed Personal Representative (s) on August 24, 2012, Estate of JUNE HANEY LAMAR, 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 21, 28 & Oct 5, 2012


 


NOTICE TO


FILE CLAIMS


 


STEVEN M. HATMAKER, appointed Personal Representative (s) on September 4, 2012, Estate of MICHAEL S. HATMAKER, 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 21, 28 & Oct 5, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to SUSIE ADAMS and BEVERLY BUCKNER 901 Maryland Avenue, Gadsden, Al. Gadsden, Al. 35903, GADSDEN SURGERY CENTER, 418 S. 5TH st. Gadsden, Al. 35902 & HEALTHSOUTH in C/O RUSS McGILL  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 OCTOBER 2ND at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1623 SPRINGFIELD  AVE. Street  in District 1 in the City of Gadsden, more particularly described as:


 


Lots 12 and 13 in Block 6 of Harlem City Subdivision, according to the map thereof recorded in Plat Book C, Page 367, 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 21, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, Al. 36132 and EDDIE and CAROLYN WILLIAMS, 817 Avenue A, Gadsden, Al. 35903, and 1ST FRANKLIN MORTGAGE 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 OCTOBER 2ND  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 307 S. 8th Street  in District 4 in the City of Gadsden, more particularly described as:


 


Lot 8 in Block 7 of R.A. Griffin’s First Subdivision to East Gadsden, according to the map thereof recorded in Plat Book A, Page 422, 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 21, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to STATE OF ALABAMA, P. O. Box 327210, Montgomery, Al. 36132,  RICHARD E. HICKERSON and the heirs of CHARLIE and  CREOLA LAPSLEY,   WILLIAM C. LAPSLEY, EVYONE (KEITH) DUDLEY, CHARLEY LAPSLEY JR., TERESA (ALESTER) MOORE, ROOSEVELT LAPSLEY, ZALLANCIA (STOKES) SPENCER, ALKEEDA (ULYSSES) JOHNSON,  DONALD (JERONDA) MORGAN, HOUSEHOLD FINANCE CORPORATION, CITIFINANCIAL CORPORATION, LLC and CITIBANK 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  OCTOBER 2ND  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 918 WILLOW  STREET in District 5  in the City of Gadsden, more particularly described as:


 


Lots 9 and 10 in Block 3 of Woodlawn Addition, according to the map thereof recorded in Plat Book A, Page 15, 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 21, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210 , MONTGOMERY, AL. 36132, & heirs of JOHN & MYRTLE SIMS, Johnnie Mae Sims Anderson,  Detroit, MI, Glenda Sims, Atlanta, Ga, Heirs of Katherine Sims Smith (deceased), Decatur, Al., Trudie Sims Mostella, Gadsden, Al., Laura Sims Burston Bodly, Gadsden, Al., Frances Allen Smith, Gadsden. Al., Denise Hudson Sims, Gadsden, Al., Heirs of Gregory Sims (deceased), Gadsden, Al., Cleveland Peterson, Chester Sims, Gadsden, Al., William Eason, Gadsden, Al., Gloria Dawson, Houston, TX., Debora Sattiewhite, Charles Kirkpatrick, Gadsden, Al., Michael Turner, Leesburg, Al., Brenda Oliver, Anniston, Al.  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 OCTOBER 2ND at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1305 CHESTNUT STREET  in District 5 in the City of Gadsden, more particularly described as:


 


Lot 4 in Block 15 of Hill and Cansler Addition, according to the map thereof recorded in Plat Book A, Pg 75, 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 21, 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


 


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


 


LEGAL NOTICE


 


McCartney Construction Company, Inc. hereby gives notice of completion of contract with the City of Rainbow City, Alabama for construction of Project No. 1201C – 2012 Street Resurfacing Project in Etowah County. This notice will appear for four consecutive weeks beginning on September 21, 2012 and ending on October 12, 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.


 


Sept 21, 28, Oct 5 & 12, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO.: S-7010


IN RE: THE MATTER OF: THE LAST WILL AND TESTAMENT OF NETTIE GENEVA KELLEY, DECEASED


 


NOTICE TO: THE UNKNOWN HEIRS OF NETTIE GENEVA KELLEY, WHOSE WHEREABOUTS ARE UNKNOWN


A hearing on the Petition for Probate of the Will of NETTIE GENEVA KELLEY, deceased, will be held before the undersigned on the 1st day of November, 2012 at 10:30 a.m. at the Etowah County Courthouse, Gadsden, Alabama.


 


Bobby M. Junkins


Judge of Probate


 


Rodney L. Ward


Attorney for Petitioners


827 Forrest Avenue


Gadsden, AL 35901


256-547-2800


 


Sept 21, 28, Oct 5 & 12, 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


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


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY


CASE NO: A-501 & A-502


IN THE MATTER OF: THE ADOPTION OF: A CHILD BORN TO MARISOL BENITEZ CASTOR


NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A CHILD BORN TO MARISOL BENITEZ CASTOR, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.


You will take notice that a Petition for the Adoption of children born to MARISOL BENITEZ CASTOR, (Natural Mother), set to be heard on November 15, 2012 @ 2:00 pm., was filed on the 30th day of November, 2011, alleging that the identity of the natural parent of said minor child is unknown, uncertain and has not been disclosed to the Court, and whose relationship said unknown, uncertain or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor children’s birth dates are April 21, 1997 & October 1, 1998.


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 Trenton Garmon, 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 17th day of September, 2012.


 


Trenton Garmon, Esquire


945 Forrest Avenue


Gadsden, AL 35901


 


Bobby M. Junkins


Judge of Probate


 


Sept 21, 28, Oct 5 & 12, 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


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described vehicle on October 29, 2012 for charges due.


 


2005 Yamaha R6 VIN# JYARJ 06Y95A00 5258


 


Charles Burns


302 Bradford St NE


Attalla, AL 35954


 


Sept 21 & 28, 2012


 


 


 

 
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