Legal Notices for the week of Oct 5 - Oct 11, 2012

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MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by

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MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by

 


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 Melvin Holcomb and Misty Holcomb, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Home Loans, Inc., as Mortgagee, dated the 8th day of February, 2006, and recorded in Instrument No. 3242275 et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-3 by instrument recorded in Instrument No. 335283 of 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 18th day of October, 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:
Beginning at the NW corner of the SE 1/4 of the NE 1/4 of Section 6, Township 10 South, Range 6 East; Thence North 89 degrees 39 minutes East along the quarter line 148.8 feet; Thence South 34 degrees 30 minutes East 508.4 feet to a point in the center of a 60 foot paved county road. Thence along center of said road, South 54 degrees 47 minutes West 253.0 feet; Thence North 22 degrees 53 minutes West 616.0 feet to a point on the North line of the SW 1/4 of the NE 1/4; Thence North 89 degrees 39 minutes East along said quarter line 20.9 feet to the point of beginning as recorded 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.
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.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-3

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 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, WALDEANNA WISE JOHNSON, a single woman, and RUBY R. WISE, a single woman (now deceased), to WinSouth Credit Union, on the 6th day of October, 2004, said mortgage being recorded at Instrument Number M-2004-4450, Record of Mortgages, in the office of the Judge of Probate of Etowah County, Alabama; and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 18th day of October, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:


 


Lots Number 15 and 16 in Block Number 10 in the Stewart Addition to Attalla, as recorded in Plat Book AA@, Pages 76-77, Probate Office, Etowah County, Alabama, lying and being in Attalla, Etowah County, Alabama.


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


WINSOUTH CREDIT UNION


 


/s/Cody D. Robinson


BY:     Cody D. Robinson, Its Attorney


BRUNSON, MCGILL & ROBINSON, P.A.


301 Broad Street


P.O. Box 1189


Gadsden, AL 35902


(256)546-9205


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brian Kilpatrick and Jennifer Kilpatrick, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Homecomings Financial Network, Inc., on the 31st day of January, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc Number: M-2005-0565; said mortgage having subsequently been transferred and assigned to NationStar Mortgage, LLC., by instrument recorded in Instrument Number 3349999, in the aforesaid Probate Office; the undersigned NationStar Mortgage, LLC., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 5, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Commence at the Northwest Corner of the Northeast 1/4 of the Northwest 1/4 of Section 11, Township 12 South, Range 4 East of Huntsville Meridian and run South 01 degree 14 minutes 24 seconds West, along the West line of the Northeast 1/4 of the Northwest 1/4, 286.27 feet to the point of beginning; thence deflect left and run South 88 degrees 50 minutes 30 seconds East, 628.81 feet to a point; thence deflect left and run North 14 degrees 24 minutes East, 286.27 feet to a point in the North line of said 1/4; thence deflect right and run South 88 degrees 50 minutes 30 seconds East, along the North line of said 1/4; 28.93 feet to a point; thence deflect right and run South 01 degree 13 minutes 10 seconds West, 1009.87 feet to a point; thence deflect right and run North 89 degrees 00 minutes 52 seconds West, 210.00 feet to a point; thence deflect right and run North 38 degrees 12 minutes 55 seconds West, 407.73 feet to a point; thence deflect left and run North 88 degrees 53 minutes 02 seconds West, 90.00 feet to a point; thence deflect left and run South 01 degree 14 minutes 24 seconds West, 435.00 feet to a point; thence deflect right and run North 89 degrees 53 minutes 02 seconds West, 99.00 feet to appoint on the West line of said 1/4; thence deflect right and run North 01 degree 14 minutes 24 seconds East, along the West line of said 1/4, 844.18 feet to the point of beginning. Said property being a portion of the Northeast 1/4 of the Northwest 1/4, Section 11, Township 12 South, Range 4 East, Etowah County, Alabama.


 


Also a 30 foot access easement which describes as follows: Commence at the Northwest Corner of the East 1/2 of the Northeast 1/4 of the Northwest 1/4, of Section 11, Township 12 South, Range 4 East of Huntsville Meridian; thence East, along the North line of said East 1/2, 21.19 feet to a point on the Southwesterly Right of Way line of Randall Road; thence in a Southeasterly direction, along the Southwesterly Right of Way line of said road, 35.75 feet; thence West and parallel with the North line of said East 1/2 of the Northeast 1/4 of the Northwest 1/4, 40.64 feet to appoint on the West line of said East 1/2 of the Northeast 1/4 of the Northwest 1/4; thence North, along the West line of said East 1/2 of the Northeast 1/4 of the Northwest 1/4; thence North, along the West line of said East 1/2. 30.00 feet to the Northwest Corner thereof and the point of beginning of the above described tract of land embracing a portion of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 11, Township 12 South, Range 4 East.


 


Also and access easement to the above described tract of land is described as follows: Begin at an existing 1/2 inch rebar at the Northwest Corner of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 in Section 11, Township 12 South, Range 4 East, thence East along the North line of said East 1/2, 21.19 feet to appoint on the Southwesterly Right of Way line of Randall Road; thence in a Southeasterly direction along said Right of Way 30.00 feet to a point; thence leaving said Right of Way South 76 degrees 33 minutes 41 seconds West 38.78 feet to a point in the West line of said East 1/2; thence run South 01 degree 13 minutes 10 seconds West, along said East line, 557.89 feet to a point; thence run North 88 degrees 50 minutes 45 seconds West, leaving said East line 29.14 feet to a point; thence run North 01 degree 14 minutes 24 seconds East, 592.85 feet to a point in the North line of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 thence South 88 degrees 50 minutes 30 seconds East, along said North line 28.93 feet to the point of beginning. Said easement being a portion of the Northeast 1/4 of the Northwest 1/4 in Section 11, Township 12 South, Range 4 East, Etowah County, Alabama.


 


Less and Except the following described property:


Commence at an existing buggy axle of the Northwest Corner of the Northeast 1/4 of the Northwest 1/4 in Section 11, Township 12 South, Range 4 East of Huntsville Meridian, Etowah County, Alabama and run South 01 degree 14 minutes 24 seconds West, along the West line thereof, 592.89 feet to the point of beginning; thence continue South 01 degree 14 minutes 24 seconds West, along said West line, 537.56 feet to an existing 1/2 inch rebar; thence run South 88 degrees 53 minutes 02 seconds east, leaving said West line, 99.00 feet to an existing 1/2 inch rebar; thence run North 01 degree 14 minutes 24 seconds east, parallel to said West line, 435.00 feet to an existing 1/2 inch rebar; thence run South 88 degrees 53 minutes 02 seconds East 90.00 feet to an existing 1/2 inch rebar; thence run South 38 degrees 12 minutes 55 seconds East 407.73 feet to an existing 1/2 inch rebar; thence run South 89 degrees 00 minutes 52 seconds East 210.00 feet to an existing 1/2 inch rebar in the East line of the West 1/2 inch of the Northeast 1/4 of the Northwest 1/4; thence run North 01 degrees 13 minutes 10 seconds East, along said East line, 417.02 feet to a point; thence run North 88 degrees 50 minutes 45 seconds West, leaving said East line 657.95 feet to the point of beginning. Said property being a portion of the West 1/2 of the Northeast 1/2 of the Northwest 1/4 in Section 11, Township 12 South, Range 4 East, Etowah County, Alabama.


 


Less and Except the following described property:


Commence at the NW Corner of the NE 1/4 of the NW 1/4 of Section 11 and run South 88 degrees 50 minutes 30 seconds East a distance of 628.81 feet to a point; thence run South 01 degrees 14 minutes 24 seconds West a distance of 251.27 feet to a point; thence run North 88 degrees 50 minutes 30 seconds West a distance of 314.4 feet to a point; thence run South 01 degrees 14 minutes 24 seconds West a distance of 70.00 feet to a point; thence run North 88 degrees 50 minutes 30 seconds West a distance of 314.40 feet to a point; thence run North 01 degree 14 minutes 24 seconds East a distance of 321.27 feet to the point of beginning; said parcel embracing a portion of the NE ¼ of the NW ¼ in Section 11, Township 12 South, Range 4 East of the Huntsville Meridian, Etowah County, Alabama.


 


Property Street Address: 343 Randall Road, Gallant, AL  35972


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


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


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


This sale is subject to postponement or cancellation.


NationStar Mortgage, LLC., Mortgagee/Transferee


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


215635


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by mortgage executed by Elgin Lewis and wife, Onetha F Curry Lewis, to Ella Louise Redding, dated October 21, 2002, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in M-2002-5161; the undersigned mortgage owner, Ella Louise Redding, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of the mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 29th day of October, 2012, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:


 


Lots 9 and 10, in Block G, in Stroud’s First Subdivision to East Gadsden, as shown in the map or plat thereof recorded in Plat Book B, Pages 84 and 85, Probate Office, Etowah County, Alabama.


 


The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.


 


Ella Louise Redding


Mortgage Owner


Brian Keith Copeland


Copeland and Copeland, LLC


Attorney for owner


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by mortgage executed by Jeffery D Strange and Shamika N Motley Strange, to Kathy Marks and James R Marks dated June 7, 2012, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in M-3360441; the undersigned mortgage owner, Kathy marks and James R Marks, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of the mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 29th day of October, 2012, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:


 


Lot Number Two (2) in Block Number Two (2) of the Rearrangement and Addition to The Hood Addition to Attalla, Alabama, according to the map or plat thereof as recorded in Plat Book “G”, Page 211, in the Office of the Judge of Probate, Etowah County, Alabama, and lying and being in Attalla, Etowah County, Alabama.


 


The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.


 


Kathy Marks and James R Marks


Mortgage Owner


Brian Keith Copeland


Copeland and Copeland, LLC


Attorney for owner


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Charlotte C. Whitaker, to JPMorgan Chase Bank, N.A., on the 23rd day of February, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3243378; 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:


 


All that part of the Southwest quarter of the Northeast quarter of Section 13, Township 10 South, Range 4 East of the Huntsville Meridian more particularly described as follows: commencing at a stone corner found at the Northwest corner of the Northeast quarter of said section; thence along the North line of said section, South 88 degrees 02 minutes 21 seconds East a distance of 413.03 feet to point; thence leaving said section line, South 01 degrees 04 minutes 23 seconds West a distance of 1899.51 feet to a five-eighths inch rebar iron found on the Northwesterly right-of-way of Misty Lane; thence along said right-of-way, South 14 degrees 11 minutes 11 seconds East a distance of 14.93 feet to a five-eighths inch rebar iron found at the Point of Beginning. From said Point of Beginning, continue along said right-of-way, South 14 degrees 09 minutes 47 seconds East a distance of 156.30 feet to a half rebar iron found; thence leaving said right-of-way,  North 84 degrees 26 minutes 24 seconds West a distance of 190.84 feet to a point capped rebar iron found; thence North 68 degrees 19 minutes 15 seconds West a distance of 149.20 feet to a half inch rebar iron found on the Southeasterly right-of-way of Pleasant Hill Road; thence along said right-of-way, a chord bearing of North 19 degrees 10 minutes 28 seconds East a chord distance of 61.00 feet to a capped rebar iron found; thence continue along said right-of-way, a chord bearing of North 21 degrees 45 minutes 37 seconds East a chord distance of 89.60 feet to a five-eighths inch rebar iron found; thence leaving said right-of-way, South 61 degrees 37 minutes 51 seconds East a distance of 164.25 feet to a five-eighths inch rebar iron found; thence North 80 degrees 42 minutes 21 seconds East a distance of 93.81 feet to the Point of Beginning, less and except any easements or rights-of-way, and being a portion of the Southwest quarter of the  Northeast quarter of Section 13, Township 10 South, Range 4 East of the Huntsville Meridian, Etowah County, Alabama.


 


Being the same parcel conveyed to Charlotte C. Whitaker from Richard G. Chappell and Margaret M. Chappell by virtue of a deed dated 8/22/03 recorded 9/3103 in Instrument Number D-2003-3910 in Etowah County, Alabama.


 


Property Street Address: 1505 Pleasant Hill Rd, Boaz, AL  35956


 


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


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


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


This sale is subject to postponement or cancellation.


JPMorgan Chase Bank, National Association, Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


266024


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by John Ira Basnett and  wife Judith Lora Basnett to Mortgage Electronic Registration Sytems, Inc., (MERS) acting solely as nominee for Lender, Countrywide Home Loans, Inc. and Lender’s successors and assigns dated June 24, 2005, and Recorded in Doc#M-2005-3364 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 3354359 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 25, 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 THIRTY-FOUR (34) AND THIRTY-FIVE (35) IN GREEN VALLEY LAKE ESTATES, UNIT TEN, ACCORDING TO THE MAP OR PLAT THEREOF REORDED IN PLAT BOOK “I”, PAGES 117 AND 118, 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


Beth McFadden Rouse


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Paul Shane Cochran and Rebecca Ann Cochran, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Allied Home Mortgage Capital Corporation, on the 8th day of September, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3255039; said mortgage having subsequently been transferred and assigned to CitiMortgage, Inc., by instrument recorded in Instrument Number 3336800, in the aforesaid Probate Office; the undersigned CitiMortgage, Inc., 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 29, 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:


 


Commencing where the South line of the Southeast Quarter of the Northeast Quarter of Section 15, Township 10 South, Range 4 East intersects the East right of way line of Alabama Highway No. 179; thence South 88 degrees 25 minutes East along said line and along the South line of the Southwest Quarter of the Northwest Quarter of Section 14 for a distance of 505.0 feet to the Point of Beginning; Thence North 03 degrees 31 minutes West 330.0 feet; Thence South 88 degrees 25 minutes East 205.0 feet; Thence South 03 degrees 31 minutes East 330.0 feet to a point on the South line of the Southwest Quarter of the Northwest Quarter; Thence North 88 degrees 25 minutes West along the Quarter line for a distance of 205.0 feet to the Point of Beginning, and being a portion of the Southwest Quarter of the Northwest Quarter of Section 14, Township 10 South, Range 4 East in Etowah County, Alabama.


Property Street Address:        121 Glover Road, Boaz, AL  35956


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


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


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


This sale is subject to postponement or cancellation.


CitiMortgage, Inc., Mortgagee/Transferee


Colleen McCullough


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


121487


 


Sept 28, Oct 5 & 12, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mandy E. Tinsley, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Metro Bank, on the 29th day of November, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3284466; said mortgage having subsequently been transferred and assigned to Branch Banking And Trust Company; the undersigned Branch Banking And Trust Company, 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 5, 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 Forty Three (43) of River Trace Subdivision as recorded in Plat Book “L”, Page 54, Probate Office, Etowah County, Alabama.


 


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


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


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


This sale is subject to postponement or cancellation.


Branch Banking And Trust Company, 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


268341


 


Oct 5, 12 & 19, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by LeAnne Steele aka LeAnne P. Steele and M. Drew Steele, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for GMAC Mortgage, LLC , on the 4th day of October, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3303632; said mortgage having subsequently been transferred and assigned to GMAC Mortgage, LLC, by instrument recorded in Instrument No. 3369214, in the aforesaid Probate Office; the undersigned GMAC Mortgage, LLC, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 3, 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 25 of Riverview Estates, Unit II, according to the Map or Plat thereof recorded in Plat Book “I”, Page 44, Probate Office, Etowah County, Alabama.


 


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


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


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


This sale is subject to postponement or cancellation.


GMAC Mortgage, LLC, Mortgagee/Transferee


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


270205


 


Oct 5, 12 & 19, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Nancy C. Morton a/k/a Nancy Carolyn Morton and  husband Charles C. Morton to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender Countrywide Home Loans, Inc. and Lender’s successors and assigns dated August 25, 2006, and Recorded in InstrumentNumber 3254360 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 3362228 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 29, 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:


 


TO ARRIVE AT THE POINT OF BEGINNING TO DESCRIBED PARCEL OR TRACT OF LAND, COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), SECTION 9, TOWNSHIP 12 SOUTH, RANGE 7 EAST;  THENCE RUN NORTH ALONG THE WEST LINE OF SAID FORTY A DISTANCE OF 300.0 FEET;  THENCE RUN NORTH 87 DEGREES 45 MINUTES EAST A DISTANCE OF 745.0 FEET TO A POINT IN THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DEEDED FROM FOX TO RUSSELL, AS RECORDED IN DEED RECORD BOOK “6-I”‘ PAGE 473;  THENCE RUN NORTH 3 DEGREES NORTH 40 MINUTES EAST A DISTANCE OF 890.0 FEET TO A  POINT IN THE SOUTH LINE OF  A PUBLIC ROAD, AND WHICH SAID POINT IS THE POINT OF BEGINNING;  THENCE DEFLECT 86 DEGREES 51 MINUTES 52 SECONDS LEFT AND RUN ALONG SAID LINE A DISTANCE OF 562.46 FEET;  THENCE DEFLECT 110 DEGREES 09 MINUTES 26 SECONDS LEFT AND RUN  A DISTANCE OF 293.78 FEET;  THENCE DEFLECT 69 DEGREES 50 MINUTES 34 SECONDS LEFT AND RUN A DISTANCE OF 476.33 FEET TO A POINT IN THE AFOREMENTIONED FOX TO RUSSELL LINE;  THENCE DEFLECT 93 DEGREES 08 MINUTES 08 SECONDS LEFT AND RUN A DISTANCE OF 276.20 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


Beth McFadden Rouse


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Oct 5, 12 & 19, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated December 23, 2008, executed by Rodney Motley and Brenda Motley, husband and wife, to Taylor Mortgage, Inc, which mortgage was recorded on January 14, 2009, in Instrument Number 3307109 Page 16, 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 10, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Being Lot 17 of the Willow Wood Estates Subdivision and located in the SW quarter of the NW quarter of the SW quarter of Section 12, Township 10 South, Range 4 East as recorded in Plat Book “L”, Page 97 in the Office of the Probate Judge of 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


 


The sale provided for hereinabove was postponed on the 10th day of July, 2012; was further postponed until August 7, 2012; was further postponed until the 11th day of September , 2012; was further postponed on the 11th day of September, 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 16th day of October, 2012, at the main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.


 


Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 20, 2007, executed by VERONICA CASH, an unmarried woman, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) SOLELY AS NOMINEE FOR MORTGAGEAMERICA, INC., which mortgage was recorded on September 21, 2007, in Instrument No.  3279801,  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 the 13th day of December, 2011, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Eleven (11) in Block Number Five (5), Save and Except the North Twenty-five (25) feet of said lot, in Gadsden Land and Improvement Company’s Kyle Addition, according to map or plat thereof recorded in Plat Book “A”, Page 23, Probate Office, Etowah County, Alabama.


 


JPMORGAN CHASE BANK,


NATIONAL ASSOCIATION


Transferee


Robert J. Wermuth/cls


STEPHENS MILLIRONS, P.C.


P. O. Box 307


Huntsville, AL  35804


Attorney for Mortgagee


 


The sale provided for hereinabove was postponed on the 13th day of December, 2011; was further postponed on the 17th day of January, 2012; was further postponed on the 21st day of February, 2012; was further postponed on the 27th day of March, 2012; was further postponed on the 1st day of May, 2012; was further postponed on the 10th day of July, 2012; was further postponed on the 14th day of August, 2012; was further postponed on the 18th day of September, 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 23rd day of October, 2012, at the main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.


 


Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 16, 2010, executed by Kenny W. Schatz, an unmarried man, to Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, which mortgage was recorded on November 22, 2010, in Instrument Number 3341702, 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 10, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Thirty (30) in Southpoint Estates, Unit II, according to the map or plat thereof recorded in Plat Book “I”, Page 11, Probate Office, 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


 


The sale provided for hereinabove was postponed on the 10th day of July, 2012; was further postponed until August 14, 2012; was further postponed on the 14th 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 16th day of October, 2012, at the main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.


 


Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 10, 2007, executed by David Grantland Baker, a married man joined by his wife, Sylvia King Baker, to Taylor Mortgage, Inc., which mortgage was recorded on September 19, 2007, in Instrument Number 3279586, 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 September 11, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


Commence at the Northeast corner of the SE ¼ of the NW ¼ of Section 13, T-10-S, R-5 East of the Huntsville Meridian, Etowah County, Alabama and run N 88 degrees 12 minutes 57 seconds W, 832.26 feet to a point; thence run S 02 degrees 22 minutes 36 seconds, 401.88 feet to an existing railroad spike on the approximate centerline of Smith Chapel Road (60’ R/W) and the point of beginning of the property described herein; thence run S 88 degrees 15 minutes 17 seconds E, leaving said centerline, 827.64 feet to an existing “Hopper” capped rebar; thence run S 01 degrees 44 minutes 36 seconds E (M) S 01 degrees 43 minutes 26 seconds W (R), 133.72 feet (M) 133.67 feet (R) to an existing “Hopper” capped rebar; thence run N 88 degrees 16 minutes 12 seconds W (M) N 88 degrees 16 minutes 01 seconds W (R) , 826.10 feet to an existing “Hopper” capped rebar on said centerline; thence run N 02 degrees 23 minutes 08 seconds W (M) N 02 degrees 22 minutes 36 seconds W (R), along said centerline, 134.04 feet (M) 133.95 feet (R) to the point of beginning.  Said property being a portion of the SE ¼ of the NW ¼, Section 13, T-10-S, R-5-E, 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 11th day of September, 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 16th day of October, 2012, at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.


 


Oct 5, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 19, 2007, executed by Kimberly D. Cothran, to Mortgage Electronic Registration Systems, Inc., as nominee for MortgageAmerica, Inc., which mortgage was recorded on November 20, 2007, in Instrument No. 3283960, 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, N.A., 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:


 


Lot Number Thirteen and the northeast half of Lot Number Fourteen all in Block Number Eight of the W. T. Cox South Addition to East Gadsden, according to the Rearrangement of said Addition as shown by map or plat thereof recorded in Book of Town Plats B, Page 360, in the Office of the Judge of Probate of Etowah County, and lying and being in the city of Gadsden, Etowah County, Alabama.


 


JPMorgan Chase Bank, N.A.


Transferee


Robert J. Wermuth/acl


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


The sale provided for hereinabove was postponed on August 28, 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 October 16, 2012, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.


 


Oct 5, 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 TO


FILE CLAIMS


 


TIMOTHY DENNIS SCALES, appointed Personal Representative (s) on August 22, 2012, Estate of NELLIE DOCIA SCALES, 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 28, Oct 5 & 12, 2012


NOTICE TO


FILE CLAIMS


 


CLAUDIA DAPHENE SMITH, appointed Personal Representative (s) on August 21, 2012, Estate of GEANIE LASELLE BODY, 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 28, Oct 5 & 12, 2012


NOTICE TO


FILE CLAIMS


 


RAYBURN BRIGHT, appointed Personal Representative (s) on August 24, 2012, Estate of CHESTER BRIGHT, 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 28, Oct 5 & 12, 2012


NOTICE TO


FILE CLAIMS


 


BOBBY RAY BURNEY, appointed Personal Representative (s) on September 11, 2012, Estate of RUTH MAE BURNEY, 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 28, Oct 5 & 12, 2012


NOTICE TO


FILE CLAIMS


 


GRADY MACK GOSS, appointed Personal Representative (s) on September 19, 2012, Estate of MARY MAGALENE GOSS, 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 28, Oct 5 & 12, 2012


NOTICE TO


FILE CLAIMS


 


STEVE MEWBOURN, appointed Personal Representative (s) on September 17, 2012, Estate of JAMES BOSS MEWBOURN, 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 28, Oct 5 & 12, 2012


 


NOTICE TO


FILE CLAIMS


 


KENNETH OWEN SMITH, appointed Personal Representative (s) on September 25, 2012, Estate of MOLLY FAY (DOT) COPELAND 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


 


Oct 5, 12 & 19, 2012


 


NOTICE TO


FILE CLAIMS


 


STANLEY SMITH, appointed Personal Representative (s) on September 13, 2012, Estate of J.C. 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


 


Oct 5, 12 & 19, 2012


 


NOTICE TO


FILE CLAIMS


 


JULIA F. TILLMAN, appointed Personal Representative (s) on September 26, 2012, Estate of ANTOINETTE D. FURSE, 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


 


Oct 5, 12 & 19, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to SANDY WATSON,  2313 Scenic Drive, Gadsden, Al. 35904, and AMERICAN MUTUAL, L.L.C., 777 Willow Lake Rd., Discovery Bay CA. 94505, 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 16TH  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 621 ANSLEY STREET  in District 2 in the City of Gadsden, more particularly described as:


 


A parcel of land described as beginning at the northeast corner of Lot 24, and from said point of beginning run in a westerly direction along the north lines of Lot 24 and 25 a distance of 50 feet to the northwest corner of Lot 25; thence run in a southerly direction along the west line thereof a distance of 30 feet to a point; thence run in a westerly direction parallel to the north line of Lot 26 a distance of 2.50 feet to a point; thence deflect to the left at an angle of 90 degrees and run in a southerly direction a distance of 30 feet to a point; thence deflect to the right at an angle of 90 degrees & run in an westerly direction parallel to the north line of said Lot 25 a distance of 2.30 feet to a point in the west line of Lot 25 a distance of 69.61 feet to the southwest corner thereof; thence run in an easterly direction along the south line of said Lots 25 and 24 a distance of 50 feet to the southeast corner of said Lot 24; thence run in a northerly direction along the east line thereof a distance of 130 feet to the point of beginning; and embracing Lot Twenty-Four (24) and portions of Lots Twenty-Five (25) and Twenty-Six (26) in Block Four (4) of the Eastview Addition as recorded in Plat Book “C”, Pages 10 and 11, 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


 


Oct 5, 2012


 


NOTICE OF


PUBLIC HEARING


 


Notice is hereby given to BOBBY WAYNE COPELAND, 124 Linda Drive, Boaz, Al. 35956, SUSAN RENA COPELAND BURNS, RICKY LEE COPELAND and MARIE JOSEPHINE COLVIN COPELAND,  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 16TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at #9 PERKINS AVENUE  in District 6 in the City of Gadsden, more particularly described as:


 


Lot 141, Parcel 4 of Cone Mills Corporation Property according to the map thereof recorded in Plat Book F, Pages 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


 


Oct 5, 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


 


LEGAL NOTICE


 


IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA


CV-2012-900290 WHR


WILLIAM D. GRAVES,


Plaintiff,


Vs.


A PARCEL OF LAND DESCRIBED AS FOLLOWS: LOT NUMBER TWENTY (20) IN BLOCK NUMBER TWO (2) IN THE GLENN ADDITION TO THE TOWN OF ATTALLA, ALABAMA, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON


Defendants.


NOTICE OF COMPLAINT FOR BILL TO QUITE TITLE


The Defendants, Jewell Waller, Alieze Miller, Lois Davis, George P. Davis, Pauline Herring and any other individuals who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer William D. Graves’ Bill to Quite Title by November 11, 2012 or thereafter a judgment of Default may be rendered against you in the aforementioned case.


Done the 25th day of September, 2012.


 


Billy Yates


Circuit Clerk


 


Sept 28, Oct 5 & 12, 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


ACTION


 


The following Defendants in the case styled Jimmie Ruth Rodgers v. Deborah Deione Morgan, Aurthur L. Billingsley and Willie Morgan, Defendants, Case Number CV-12-362-DAK, Circuit Court of Etowah County, Alabama, must answer a lawsuit for sale and division of real estate by 30 days after the last publication. For those who fail to answer, a judgment by default may be rendered against you.


Dated this 7th day of September, 2012.


 


Billy Yates


Circuit Clerk


 


Sept 28, Oct 5, 12 & 19, 2012


 


NOTICE OF


ACTION


 


The following Defendant in the case styled Shelly Lynn Caldwell, Plaintiff v. delving Eudelle Caldwell, Defendant, Case N umber 2011-955-DAK, Circuit Court of Etowah County, Alabama, must answer a Complaint for Divorce by 30 days after the last publication. For he who fails to answer, a judgment for divorce by default may be rendered against you.


DATED this the 6th day of September, 2012.


 


Billy Yates


Circuit Clerk


 


Sept 28, Oct 5, 12 & 19, 2012


 


NOTICE OF


COMPLAINT


 


IN THE SMALL CLAIMS COURT OF ETOWAH COUNTY, ALABAMA


SM-2012-900543


BOB BLOM,


Plaintiff


VS.


BRUCE STANLY D/B/A H&S PAVING


Defendants.


Bruce Stanly d/b/a H&S Paving, whose whereabouts are unknown, must answer Bob Blom’s Complaint for conversion, fraud, breach of contract and payment for services which were not rendered by October 26, 2012 or thereafter, a judgment by default may be rendered against you in Case #SM-2012-900543, Small Claims Court of Etowah County, Alabama.


Done this the 25th day of September, 2012.


 


Billy Yates


Circuit Clerk


 


Sept 28, Oct 5 & 12, 2012


 


NOTICE OF


DIVORCE ACTION


 


IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA


OSIE L. NELSON,


PLAINTIFF


VS.


C’ARTRIS MCMATH NELSON,


DEFENDANT.


C’ARTRIS MCMATH NELSON, whose whereabouts are unknown, must answer the complaint of OSIE L. NELSON, seeking a divorce and other relief by November 19, 2012, or thereafter a judgment by default may be rendered against her in Civil Action No. DR-12-690-WAM Circuit Court of Etowah County, Alabama.


Dated this the 11th day of September, 2012.


 


Billy Yates


Circuit Clerk


 


Sept 28, Oct 5, 12 & 19, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on November 5, 2012 for charges due.


 


2002 Suzuki Hayabusa 1300 VIN# JS1GW71 A91210 3155


 


Derrick Woods


1811 Colorado St


Gadsden, AL 35903


 


Sept 28 & Oct 5, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on November 5, 2012 for charges due.


 


1984 Chevy C-10 VIN# 2GCDC14 H3E110 4315


 


Frost Transmission


2000 Forrest Avenue


Gadsden, AL 35904


 


Sept 28 & Oct 5, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on November 12, 2012 for charges due.


 


1994 Jeep Cherokee VIN# 1J4FT 68S6R L121387


 


Rainbow Wrecker Service


2000 Rainbow Drive


Gadsden, AL 35901


 


Oct 5 & 12, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


To Whom it May Concern:


We are intending to sell the six (6) vehicles listed below at an auction here at our office on November 9, 2012 at 2:00 p.m.


 


2004 Chevrolet Silverado VIN# 1GCEC19 Z84Z3 00276


2002 Ford Windstar VIN# 2FMZA5 24X2 BB50146


2006 Hyundai Sonata VIN# 5NPEU46 F16H12 2990


2002 Chevrolet Impala VIN# 2G1WF52 EX2930 3206


2006 Dodge Durango VIN# 1D4HD48 N96F17 4804


2002 Oldsmobile Alero VIN# 1G3NL52E X2C233 470


 


Jennings Law Office, Inc


111 South 10th Street


Gadsden, AL 35901


 


Oct 5 & 12, 2012


 


U.S. POSTAL SERVICE STATEMENT OF OWNERSHIP MANAGEMENT AND CIRCULATION.


Required by 39 USC 3685


(1) Publication Title: The Messenger Newspaper


(2) Publication Number: 011757


(3) Filing Date: September 26, 2012


(4) Issue Frequency: Weekly


(5) Number of issues Published Annually: 52


(6) Annual Subscription Price: Local $25.00; other $30.00


(7) Complete Mailing Address of Known Office of Publication: Post Office Box 858, Gadsden, AL 35902.


(8) Complete Mailing Address of Headquarters or General Business office of Publication: 408 Broad Street, Gadsden, AL 35901


(9) Full Names and Complete Mailing Address of Publisher, Editor and Managing Editor: Publisher – Christ McCarthy, Post Office Box 858, Gadsden, AL 35902; Editor – Chris McCarthy, Post Office Box 858, Gadsden, AL 35902


(10) Owner: The Messenger, LLC


(1) Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: Phillip Hodges, Sr., Jon Craig Ford, P. O. Box 858, Gadsden, AL 35902.


(12) Tax Status: Has Not Changed During Preceding 12 Months.


(13) Publication Title: The Messenger Newspaper


(14) Issue Date for Circulation Data Below: September 28, 2012


(15) Extent and Nature of Circulation: General


Average No. Copies each Issue During Preceding 12 Months/No. Copies of Single Issue Published Nearest to Filing Date


a. Total Number of Copies (net press run) 6500/6300 b. Paid and/or Requested Circulation: (1) Mailed Outside-County Paid Subscription Stated on PS Form 3541 224/224 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 1026/1026 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 4681//4459 (4) Paid Distribution by Other Classes of Mail Through The USPS 59/61 c. Total Paid Distribution 5990/5770 d. Free or Nominal rate Distribution (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0/0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 0/0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS 230/230 (4) Free or Nominal Rate Distribution Outside the Mail 0/0 e. Total Free or Nominal rate Distribution 230/230 f. Total Distribution 6220/6000 g. Copies not Distributed 280/300 h. Total 6500/6200 i. Percent Paid 96.30/96.16. Not applicable 17. Publication of Statement of Ownership Printed in the October 5, 2012 publication.


 


Signed on September 26, 2012, Chris McCarthy, Publisher


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-567; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2012-567 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.


 


NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 6th day of November, 2012, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:


HB12


ENROLLED, An Act,


Proposing an amendment to the Constitution of Alabama of 1901, as amended, (i) to provide that the authority of the State to issue general obligation bonds pursuant to Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], and Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041], shall not be subject to the aggregate principal amount limitations contained in said amendments; provided, that at no time shall the aggregate principal amount of general obligation bonds (including, without limitation, general obligation refunding bonds) issued pursuant to the provisions of said amendments be outstanding in excess of $750 million, and (ii) to allow the issuance by the State of general obligation refunding bonds under the authority of Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], subject to certain minimum savings thresholds and limitations of maximum average maturity.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors of the State voting thereon at an election held in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901, as amended:


PROPOSED AMENDMENT


(a) Anything in Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], or Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041], to the contrary notwithstanding, the authority granted to the State of Alabama to become indebteded and to sell and issue its interest-bearing general obligation bonds, in addition to all other bonds of the state, under Amendment No. 666 to the Constitution of Alabama of 1901 [Section 219.04], as amended by Amendment No. 796 to the Constitution of Alabama of 1901 [Section 219.041], shall not be subject to the limitations on aggregate principal amount imposed by Section VIII of said Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], as modified by paragraph (a) of Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041]; provided, that at no time shall the aggregate principal amount of such general obligation bonds (including, without limitation, general obligation refunding bonds) then outstanding be in excess of $750 million.


(b) General obligation refunding bonds may be issued by the State from time to time pursuant to the authority contained in Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], in aggregate principal amounts (which may exceed the principal amount of general obligation bonds being refunded) determined by the Bond Commission established pursuant to Section IX of Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04]; provided, however, that no such general obligation refunding bonds shall be issued unless (i) the present value of all debt service on such general obligation refunding bonds (computed with a discount rate equal to the true interest rate of such general obligation refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 97 percent of the present value of all debt service on the general obligation bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such general obligation bonds to be refunded) determined as if such general obligation bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance; and (ii) the average maturity of such general obligation refunding bonds, as measured from the date of issuance of such general obligation refunding bonds, shall not exceed by more than three years the average maturity of the general obligation bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of general obligation bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of general obligation bonds for which the average maturity is to be determined.


(c) The principal amount of general obligation bonds for which provision for payment has been made with proceeds of general obligation refunding bonds (including anticipated investment earnings thereon), shall not be deemed outstanding for purposes hereof.


(d) Except to the extent modified hereunder, the terms and provisions of Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], and Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041], shall remain in full force and effect.


Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Proposing an amendment to the Constitution of Alabama of 1901, as amended (i) to allow issuance by the State from time to time of general obligation bonds under the authority of Amendments No. 666 and No. 796 to the Constitution of Alabama without being subject to the maximum principal limitations contained in such amendments; provided, at no time shall the aggregate principal amount of such general obligation bonds (including, without limitation, general obligation refunding bonds) then outstanding be in excess of $750 million, and (ii) to allow issuance by the State of general obligation refunding bonds under the authority of Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], subject to certain minimum savings thresholds and limitations of maximum average maturity.”” Proposing an amendment to the Constitution of Alabama of 1901, as amended, to allow issuance by the State from time to time of general obligation bonds under the authority of Section 219.04 and Section 219.041 to the Constitution of Alabama of 1901, as amended, so long as the aggregate principal amount of all such general obligation bonds at any time outstanding is not in excess of $750 million. This amendment would replace the maximum aggregate principal limitations currently contained in said Sections 219.04 and 219.041. The proposed amendment would also allow issuance by the State of general obligation refunding bonds under the authority of Sections 219.04 and 219.041 to the Constitution of Alabama of 1901, as amended, subject to certain minimum savings thresholds and limitations of maximum average maturity.”


“Proposed by Act ________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


Oct 5, 12, 19 & 26, 2012


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-269; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2012-269 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.


 


NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 6th day of November 2012, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:



HB276


ENROLLED, An Act,


Proposing an amendment to the Constitution of Alabama of 1901; to repeal existing laws regarding the compensation and expense reimbursement of the members of the Legislature; to provide for the basic compensation of members of the Legislature; and to provide for the reimbursement of expenses for legislators on the submission of signed vouchers in the same manner as state employees.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:


PROPOSED AMENDMENT


Section 1. (a) The Legislature recognizes that the public trust in the legislative body is of paramount importance. The Legislature further recognizes that government transparency and accountability are vital to the preservation of the public trust. To that end, it is the purpose of this amendment to remove the power of determining legislative compensation or expenses from the hands of the Legislature itself, to validate the basis upon which legislative compensation and expenses are established in an objective manner based on measurable standards, and to allow the citizens of Alabama to vote on this issue. It is the will of the Legislature to resolve the issue of legislative compensation and expenses once and for all by providing for compensation and expenses for members of the Legislature and the President of the Senate and by providing for compensation to be paid at the same rate as the median household income in Alabama and expenses in the same amounts and manner as expenses are allowed under law for state employees generally.


(b) All laws or parts of laws in conflict with this amendment are repealed, including, but not limited to: Those portions of Amendments 39, 57, and 339 of the Constitution of Alabama of 1901, relating to the compensation and expenses of members of the Legislature; Act 87-209, Act 90-490, Act 91-95, Act 91-108, and Act 2007-75; and Section 29-1-8, Code of Alabama 1975.


Section 2. The annual basic compensation for each member of the Legislature and the President of the Senate shall be the median annual household income in Alabama, as ascertained and adjusted each year by the State Personnel Board to take effect on the first day of January of each year.


Section 3. (a) No member of the Legislature or the President of the Senate may receive reimbursement for any expenses except as provided in this section.


(b) Subject to approval by the President of the Senate or by the Speaker of the House for the respective members of their Houses, and except as otherwise provided in subsection (d), a member of the Legislature may be reimbursed for any of the following:


(1) Expenses incurred for travel on official business in the same amounts or at the same rates as for state employees traveling in the service of the state under state law, rules, and policies, provided that, for a member of the Legislature, the travel is to a place outside his or her district.


(2) Actual expenses other than travel expenses incurred in the performance of official duties.


(3) Expenses authorized pursuant to Act 1196 of the 1971 Regular Session for the presiding officer of each House.


(c) Reimbursement for expenses may only be made under subdivision (1) and (2) of subsection (b) after a determination of the presiding officer of the member’s House that the travel or expense is in the service of the state and on submission of a signed voucher submitted in the same manner as a request for reimbursement of expenses by a state employee.


(d) Except for the expenses of transportation, no member of the Legislature who resides less than 50 miles from the seat of government may be reimbursed for any travel expenses for travel between his or her place of residence and the seat of government.


(e) In making the determination required by subsection (c), the presiding officer of either House may not determine a particular expense incurred by any member of the Legislature was not in the service of the state on any basis that discriminates between members of the Legislature.


(f) Reimbursement for expenses authorized pursuant to this section shall be paid in a timely manner that is consistent with expense reimbursement regulations jointly promulgated by the President of the Senate and the Speaker of the House pursuant to the Alabama Administrative Procedure Act. Such regulations shall, to the extent possible, mirror similar regulations applicable to state employees. The President of the Senate and the Speaker of the House may not discriminate between members of the Legislature regarding the timely reimbursement of authorized expenses.


(g) The State Personnel Board may promulgate such rules as it deems necessary to enforce its responsibilities under this amendment and, in conjunction with the Comptroller, shall provide an annual report on compensation and reimbursement of expenses to members of the Legislature.


Section 4. (a) The compensation and reimbursement for expenses provided in Sections 2 and 3 shall constitute the total amounts payable to the presiding officers and members of the Legislature, beginning with the terms commencing immediately after the 2014 General Election.


(b) The Legislature may not increase, supplement, or otherwise enlarge the compensation or reimbursement for expenses payable to its members by this amendment.


Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Proposing an amendment to the Constitution of Alabama of 1901, to repeal the existing provisions for legislative compensation and expenses and establish the basic compensation of the Legislature at the median household income in Alabama; to require legislators to submit signed vouchers for reimbursement for expenses; and to prohibit the Legislature from increasing the compensation or expenses payable to its members.


“Proposed by Act ________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


 


Oct 5, 12, 19 & 26, 2012


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-276; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2012-276 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.


 


NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 6th day of November, 2012, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:


 


HB358


ENROLLED, An Act,


 


Proposing an amendment to the Constitution of Alabama of 1901, to amend Section 247 now appearing as Section 247 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the general power of the Legislature regarding banks and banking, effective January 1, 2014, to include in that section existing provisions concerning unlimited duration, prohibitions on political subdivisions being stockholders or lending credit, and bank examination requirements; and to repeal the following Sections of Article XIII, relating to banks and banking: Section 248 of the Constitution of Alabama of 1901, now appearing as Section 248 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; Section 249 of the Constitution of Alabama of 1901, now appearing as Section 249 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; Section 251 of the Constitution of Alabama of 1901, as amended by Amendment 51 of the Constitution of Alabama of 1901, now appearing as Section 251 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; Section 252 of the Constitution of Alabama of 1901, now appearing as Section 252 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to maximum rate of interest; Section 253 of the Constitution of Alabama of 1901, now appearing as Section 253 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to state and political subdivisions not to be stockholders in banks or lend credit thereto; and Section 254 of the Constitution of Alabama of 1901, now appearing as Section 254 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to examinations of banks by public officers and semiannual reports by banks; to repeal Amendment 154 of the Constitution of Alabama of 1901, now appearing as Section 255.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, on the contingency that a new Article XII is adopted as a part of the Alabama Constitution which repeals existing Section 232 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and on the contingency that Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, are repealed.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof, effective on January 1, 2014, following approval by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, now appearing as Sections 284, 285, and 287 of the Official Recompilation of the Constitution of Alabama of 1901, as amended:


PROPOSED AMENDMENT


1. Section 247 of the Constitution of Alabama of 1901, is amended to read as follows:


“Section 247. Authority of Legislature Restricted.


(a) The Legislature shall not have the power to establish or incorporate any bank or banking company or moneyed institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. No bank shall be established otherwise than under a general banking law.


(b) There shall be no limit of time for the duration of a corporation organized as a bank or banking company, and it shall not be necessary to renew or extend the life or charter of any such corporation now existing. All extensions of the life or charter of any such corporations are ratified and confirmed.


(c) Neither the state, nor any political subdivision thereof, shall be a stockholder in any bank, nor shall the credit of the state or any political subdivision thereof be given or lent to any banking company, banking association, or banking corporation.


(d) The Legislature, by appropriate laws, shall provide for the examination, by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this state; and each of such banks and banking companies or institutions, through its president, or such other officer as the Legislature may designate, shall make a report under oath of its resources and liabilities at least twice a year.


2. The following sections of Article XIII of the Constitution of Alabama of 1901, relating to banks and banking, are repealed: Section 248, relating to banking laws being general, specie basis, and the authority to issue bills to circulate as money; Section 249, relating to bills or notes issued as money redeemable in gold or silver and specifying laws may not sanction suspension of the specie payments; Section 251, as amended by Constitutional Amendment 51, relating to termination of business; Section 252, relating to maximum rate of interest; Section 253, relating to state and political subdivisions not to be stockholders in banks or lend credit thereto; and Section 254, relating to examinations of banks by public officers and semiannual reports by banks.


3. Section 255.01, relating to nonresidents making mortgage loans, is repealed on the contingency that a new Article XII is adopted as a part of the Alabama Constitution which repeals existing Section 232 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and on the contingency that a bill is enacted that repeals Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, relating to the consequences of a foreign corporation transacting business without registration, and which provides that Sections 10A-1-7.21 through and including Section 10A-1-7.24, Code of Alabama 1975, shall instead apply to a foreign corporation transacting business without registering with the Secretary of State.


END OF PROPOSED AMENDMENT


Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Proposing an amendment to the Constitution of Alabama of 1901, effective January 1, 2014, to amend Section 247 relating to the authority of the Legislature concerning banks and banking, to repeal various other provisions of Article XIII concerning banks and banking; and to repeal Amendment 154 to the Constitution of Alabama of 1901, now appearing as Section 255.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, subject to the contingency that a new Article XII of the state constitution is adopted that repeals existing Section 232 of the state constitution, and subject to the contingency that Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, are repealed.


“Proposed by Act ________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


Oct 5, 12, 19 & 26, 2012


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-275; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2012-275 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.


 


NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 6th day of November, 2012, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:


 


HB357


ENROLLED, An Act,


 


Proposing an amendment to the Constitution of Alabama of 1901, to become effective January 1, 2014, relating to corporations; to amend Section 229, as amended by Amendment 27 of the Constitution of Alabama of 1901, now appearing as Section 229 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the authority of the Legislature to pass general laws pertaining to corporations and other entities; to amend Section 239 of the Constitution of Alabama of 1901, now appearing as Section 239 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to telephone and telegraph companies; to amend Section 240 of the Constitution of Alabama of 1901, now appearing as Section 240 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the ability of corporations to sue and be sued like natural persons; and to repeal Sections 230, 231, 232 as amended by Amendment 473, 233, 234, 236, 237, 243, 244, 245, and 246 of the Constitution of Alabama of 1901, now appearing as Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, and 246, respectively, of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to private corporations and railroads and canals.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof, effective January 1, 2014, following approval by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:


PROPOSED AMENDMENT


1. Section 229 of the Constitution of Alabama of 1901, as amended by Amendment 27, is amended to read as follows:


“Section 229. The legislature shall pass no special act conferring corporate powers, but it shall pass general laws under which corporations may be organized and corporate powers obtained, subject, nevertheless, to repeal at the will of the legislature; and shall pass general laws under which charters may be altered or amended. The legislature shall, by general laws, provide for the payment to the state of Alabama of a franchise tax by corporations organized under the laws of this state which shall be in proportion to the amount of capital stock; but strictly benevolent, educational or religious corporations or federal building and loan associations organized pursuant to an act of congress known as the Home Owners’ Loan Act of 1933, as amended, and as the same may hereafter be amended, or building and loan associations organized under or authorized to do business by the laws of Alabama shall not be required to pay such a tax on their withdrawable or repurchasable shares. The charter of any corporation shall be subject to amendment, alteration, or repeal under general laws. Exemption of the shares of building and loan associations from franchise taxes heretofore provided by statute is ratified.


The Legislature shall pass general laws under which corporations and other entities may be organized, authorized to do business or conduct their affairs, operated, dissolved, and regulated; such laws, now existing or hereafter passed, shall be subject to amendment or repeal by general law. The Legislature, by general law, shall provide for the payment to the State of Alabama of a tax on the privilege of doing business in Alabama or being organized, incorporated, qualified, or registered under the laws of Alabama. Strictly benevolent, educational, or religious corporations shall not be required to pay such a tax on their withdrawable or repurchasable shares to the extent they have such shares.


2. Section 239 of the Constitution of Alabama of 1901, is amended to read as follows:


“Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this state, and connect the same with other lines; and the legislature shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph or telephone company owning a complete [competing] line, or acquire, by purchase or otherwise, any other competing line of telegraph or telephone.


3. Section 240 of the Constitution of Alabama of 1901, is amended to read as follows:


“Section 240. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.


Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her.


4. The following sections of the Constitution of Alabama of 1901, relating to private corporations and railroads and canals are repealed: Section 230, relating to the cancellation of certain corporate charters; Section 231, relating to limitation on remitting forfeiture of corporate charters; Section 232, as amended by Amendment 473, relating to foreign corporations doing business in the state; Section 233, relating to corporations being restricted to business authorized by the charter; Section 234, relating to restrictions on the issuance of corporate stocks and bonds; Section 236, relating to security for dues from private corporations and liability of stockholders; Section 237, relating to issuance of preferred stock by corporations; Section 243, specifying that the regulation of railroad companies is vested in the Legislature; Section 244, relating to prohibiting the giving of free passes or discount tickets to members of the Legislature or officers exercising judicial functions; Section 245, relating to railroads not giving rebates or bonuses and deceiving or misleading the public as to rates; and Section 246, relating to acceptance of article as a prerequisite to benefits to future legislation.


Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Proposing an amendment to the private corporation provisions of Article 12 of the Constitution of Alabama of 1901, to become effective January 1, 2014, to continue the authority of the Legislature to pass general laws pertaining to corporations and other entities; to continue the authority of the Legislature to regulate and impose a business privilege tax on corporations and other entities; and to repeal various provisions concerning private corporations, railroads, and canals.


“Proposed by Act ________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


Oct 5, 12, 19 & 26, 2012


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-308; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2012-308 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.


 


NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 6th day of November, 2012, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:


 


HB404


 


ENROLLED, An Act,


Proposing a local constitutional amendment to the Constitution of Alabama of 1901, relating to Lawrence County, to prohibit any municipality located entirely outside of Lawrence County from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Lawrence County; and to provide that a municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Lawrence County, other than public safety mutual aid.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:


PROPOSED AMENDMENT


A municipality located entirely outside of Lawrence County is prohibited from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Lawrence County. A municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Lawrence County, other than public safety mutual aid.


Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Relating to Lawrence County, proposing an amendment to the Constitution of Alabama of 1901, to prohibit any municipality located entirely outside of Lawrence County from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Lawrence County and to provide that a municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Lawrence County, other than public safety mutual aid.


“Proposed by Act _________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


Oct 5, 12, 19 & 26, 2012


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-184, relating to Etowah County, Alabama; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law to be given by Proclamation of the Governor, to be published once a week for four successive weeks preceding the date appointed for the election, in each newspaper qualified to run legal notices in the county affected.


 


                NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on November 6, 2012, an election will be held in Etowah County, State of Alabama, in the manner and form provided by law upon the following amendment to the Constitution of 1901 of the State of Alabama:


 


HB512


ENROLLED, An Act,


 


Proposing an amendment to the Constitution of Alabama of 1901, to provide that certain elected or appointed public officials in Etowah County may participate in the Employees’ Retirement System in lieu of participating in a supernumerary program or system.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:


PROPOSED AMENDMENT


No elected or appointed Etowah County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Etowah County official, including the sheriff, may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Etowah County officials, including the sheriff, holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees’ Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees’ Retirement System based on the same service. For purposes of this amendment, the words “elected or appointed Etowah County official” do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.


Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to provide that certain elected or appointed public officials in Etowah County may participate in the Employees’ Retirement System in lieu of participating in a supernumerary program or system.


“Proposed by Act _________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


I further direct and proclaim that notice of this election to be held on Tuesday, the 6th day of November, 2012, upon the above set forth matter of authorizing Etowah County, Alabama, in Act No. 2012-184 be given by publishing the same once a week for four consecutive weeks preceding Tuesday, the 6th day of November, 2012, in each newspaper qualified to run legal notices in Etowah County, Alabama.


IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capital in the City of Montgomery on this 9th day of July, 2012.


 


 


 


STATE OF ALABAMA


PROCLAMATION


BY THE GOVERNOR


 


                WHEREAS, the Alabama Legislature at its Regular Session of 2012 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2012-485, relating to Etowah County, Alabama; and


 


                WHEREAS, notice of this election, together with this proposed amendment, is required by law to be given by Proclamation of the Governor, to be published once a week for four successive weeks preceding the date appointed for the election, in each newspaper qualified to run legal notices in the county affected.


 


                NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on November 6, 2012, an election will be held in Etowah County, State of Alabama, in the manner and form provided by law upon the following amendment to the Constitution of 1901 of the State of Alabama:


 


SB581


ENROLLED, An Act,


Relating to Etowah County; proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature to fix, alter, and regulate court costs in the county and to ratify and confirm any local law authorizing any additional court costs enacted prior to the adoption of this amendment.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:


PROPOSED AMENDMENT


The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Etowah County and provide for their distribution. Any local law authorizing the levy of additional court costs in Etowah County enacted prior to the effective date of this amendment is ratified and confirmed.


Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of 1901, as amended, and the election laws of this state.


Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:


“Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature, by local or general act, to fix, regulate, and alter the costs and charges of court and to ratify and confirm any local law authorizing any additional court costs enacted prior to the adoption of this amendment.


“Proposed by Act _________.”


This description shall be followed by the following language:


“Yes ( ) No ( ).”


I further direct and proclaim that notice of this election to be held on Tuesday, the 6th day of November, 2012, upon the above set forth matter of authorizing Etowah County, Alabama, in Act No. 2012-485 be given by publishing the same once a week for four consecutive weeks preceding Tuesday, the 6th day of November, 2012, in each newspaper qualified to run legal notices in Etowah County, Alabama.


IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capital in the City of Montgomery on this 9th day of July, 2012.


 


 


 


 


 


 


 


 

 
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