Legal Notices for the week of Oct 12 - Oct 18, 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 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 secured by that certain mortgage dated September 29, 2005, executed by Scott Hadaway, an unmarried man, and Erika Smith, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, which mortgage was recorded on October 5, 2005, in Instrument Number 200563/1743, of the mortgage records in the Office of the Judge of Probate of Jefferson County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., 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 3rd Avenue, North Side entrance to the Jefferson County Courthouse at Bessemer, Alabama, during the legal hours of sale on December 4, 2012, the following described real estate, situated in Jefferson County, Alabama, to-wit:


 


Commence at the Southwest corner of the Northeast quarter of the Northeast quarter of Section 25, Township 20 South, Range 5 West; thence run North 01 degrees 19 minutes 33 seconds West, along the West line of said quarter-quarter section for 250.11 feet; thence run South 66 degrees 27 minutes 40 seconds East for 599.96 feet to the point of beginning; thence run South 17 degrees 03 minutes 37 seconds West for 281.72 feet to a point on the northerly right-of-way line of Stagecoach Trail; thence run North 74 degrees 06 minutes 41 seconds East, along said right-of-way line for 83.76 feet to the point of beginning of a curve to the right having a central angle of 38 degrees 07 minutes 03 seconds and a radius of 249.16 feet; thence run along the arc of said curve and right-of-way line for 165.76 feet; thence run South 67 degrees 46 minutes 18 seconds East, along said right-of-way line for 100.59 feet; thence departing said right-of-way run North 39 degrees 17 minutes 31 seconds West for 339.07 feet; thence run North 50 degrees 56 minutes 40 seconds East for 76.23 feet; thence run North 39 degrees 03 minutes 20 seconds West for 79.00 feet; thence run South 31 degrees 37 minutes 02 seconds West 91.97 feet to the point of beginning. Now know as Lot 1, according to the Survey of Stagecoach Manor, as recorded in Map Book 34, page 24, in the Probate Office of Jefferson County, Alabama, Bessemer Division.


 


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


 


CitiMortgage, Inc.


Transferee


Robert J. Wermuth/anp


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Bobby D. Lipscomb, a single man, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, on the 30th day of March, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3329932; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in Instrument Number 3368087, 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 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:


 


Lots 1, 2, 3 and 4, Block 10, Unit 1 of Scenic Park to Gadsden, according to the map or plat thereof, as recorded in Plat Book “F”, Pages 237 and 239, Probate Office, Etowah County, Alabama.


 


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


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


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


This sale is subject to postponement or cancellation.


JPMorgan Chase Bank, National Association, Mortgagee/Transferee


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


270718


 


Oct 12 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated February 4, 2000, executed by Latonya A. Mitchell, an unmarried woman, to Southern Atlantic Financial Services, Inc., which mortgage was recorded on February 10, 2000, in Book 2000, Page 41, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., 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 November 13, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Eight (8) in Block Number Eleven (11) of the Interurban Land Company’s First Addition to Gadsden, according to the map or plat thereof recorded in Book of Town Plats “B”, Page 206, in the Office of the Judge of Probate of Etowah County, Alabama, said property lying and being in the City of Gadsden, Etowah County, Alabama.


 


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


 


CitiMortgage, Inc.


Transferee


Robert J. Wermuth/anp


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 30, 2007, executed by Heather M. Williams and Greg Williams, as wife and husband, to Mortgage Electronic Registration Systems, Inc., as nominee for Metro Bank, which mortgage was recorded on August 2, 2007, in Instrument No. 3276317, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., 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 November 6, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Twenty-one (21) of Parkdale Subdivision, as recorded in Plat Book “F”, Page 355, Probate Office, Etowah County, Alabama.


 


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


 


CitiMortgage, Inc.


Transferee


Robert J. Wermuth/rvm


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Dwayne Edwards Byers, unmarried, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Home Loans, Inc., as Mortgagee, dated the 23rd day of October, 2006, and recorded in Instrument # 3258001, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing, LP , now Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under­signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 8th day of November, 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:


 


PARCEL I: The South 55 feet of the East 200 feet of Lot Five (5) and the North 60 feet of the East 200 feet of Lot Six (6) in Block One (1) of the Second Addition to Paden Farm Subdivision, as recorded in Plat Book “C”, Page 275 in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.


 


PARCEL II: The South 115 feet of the North 120 feet of the East 200 feet of Lot Five (5) in Block One (1) of the Second Addition to Paden Farm Subdivision, as recorded in Plat Book “C”, Page 275 in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.


 


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


 


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.


Bank of America, N.A.


Holder of said Mortgage


Goodman G. Ledyard


PIERCE LEDYARD, P.C.


Attorneys for Mortgagee


Post Office Box 161389


Mobile, Alabama  36616


(251) 338-1300


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Harold Q. Adams and wife, Dianne Adams, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, on the 25th day of October, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc.# M-2005-4677 corrected and re-recorded in Doc.# D-2005-5241; said mortgage having subsequently been transferred and assigned to OneWest Bank, FSB, the undersigned Onewest Bank, FSB, 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 19, 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 Twelve (12) of Wyngate Subdivision, Phase I, as recorded in Plat Book “L”, Page 28, 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.


Onewest Bank, FSB, 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


270846


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


WHEREAS, default has been made in the terms of the mortgage executed on the 3RD day of December, 2007, by Robert Avery and Gail Avery, as mortgagor in favor of The Exchange Bank of Alabama, Gadsden, as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama as Instrument #3286129, and said default continuing, the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Etowah, Alabama, during the legal hours of sale on October 29, 2012, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:


 


PARCEL TWO: Lot Number Nine (9) in Block Number Twenty-two (22) in the Coosa Land Company et al rearrangement of Blocks numbered 26, 26, 28, 32, 33, 34, 35, and 36 in the Gadsden Land and Improvement Company’s Thornton Addition, according to the map of said rearrangement record in Plat Book B, Pages 334 and 335, Probate Office Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama.


 


PARCEL THREE: Lot Number Four (4) in Bock Number Six (6) according to the rearrangement and addition to Mountainbrook Addition, as shown by map thereof as recorded in Plat Book E, Page 11, Probate Office Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama.


 


Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee.


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IT” 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.


 


The 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; contact Joshua B. Sullivan at the phone number shown below prior to attendance at sale.


 


THE EXCHANGE BANK OF ALABAMA, GADSDEN


Joshua B. Sullivan


Attorney for Mortgage


P. O. Box 246


Gadsden, AL 35902


256-543-9790


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by mortgage executed by Barry L. Watson and Lindy M. Watson, husband and wife, to Joe E. Gamberi, Jr., and Frank Minogue, dated October 27, 2008, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3303576; the undersigned mortgage owners, Joe E. Gamberi, Jr., and Frank Minogue, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 8th day of November, 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 Nineteen (19) in Parcel Two (2), as shown by the map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Page 53, in the Probate Office of Etowah County, Alabama, lying and being in the City of Gadsden, Etowah County, Alabama.


 


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


 


Joe E. Gamberi, Jr., and Frank Minogue


Mortgage Owner


COPELAND LAW FIRM, LLP


Attorneys for owner


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


WHEREAS, default has been made in the terms of the mortgage executed on the 4th day of September, 1998, by Robert Avery,, as mortgagor in favor of The Exchange Bank of Alabama, as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama as Document #M-1998-3689, and said default continuing, the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Etowah, Alabama, during the legal hours of sale on October 29, 2012, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:


 


Parcel 1: LOT NUMBER NINE (9) IN BLOCK NUMBER SEVEN (7) IN WOODLAWN ADDITION TO THE CITY OF GADSDEN, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN BOOK OF TOWN PLATS “A”, PAGE 15, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.


 


PARCEL 2: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER TWO (2) IN BLOCK NUMBER THIRTY-ONE (31) OF THE THORNTON ADDITION TO GADSDEN; THENCE IN A WESTERLY DIRECTION AND ALONG THE NORTH LINE OF LOTS NUMBER TWO (2) AND FOUR (4) TO THE NORTHWEST CORNER OF LOT FOUR (4) IN BLOCK 31 OF SAID ADDITION; THENCE SOUTHERLY AND ALONG THE WEST LINE OF LOT NUMBER FOUR (4), A DISTANCE OF 50 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION A DISTANCE OF 102.25 FEET TO A POINT IN THE EAST LIEN OF SAID LOT TWO (2); THENCE IN A NORTHEASTERLY DIRECTION AND ALONG THE EAST LINE OF SAID LOT NUMBER TWO A DISTANCE OF 50.67 FEET TO THE POINT OF BEGINNING, AND EMBRACING A PORTION OF LOTS TWO (2) AND FOUR (4), IN BLOCK THIRTY-ONE (31) OF THE THORNTON ADDITION TO GADSDEN, ALABAMA, AS THE SAME APPEARS OF RECORD IN PLAT BOOK “A”, PAGES 31-35, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.


 


Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee.


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IT” 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.


 


The 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; contact Joshua B. Sullivan at the phone number shown below prior to attendance at sale.


 


THE EXCHANGE BANK OF ALABAMA


Joshua B. Sullivan


Attorney for Mortgage


P. O. Box 246


Gadsden, AL 35902


256-543-9790


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 30, 2007, executed by Frank J. Bohan and Lisa R. Bohan, husband and wife, to Mortgage Electronic Registration Systems, Inc., as nominee for Metro Bank, which mortgage was recorded on May 1, 2007, in Instrument No. 3270117, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., 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 November 13, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


A tract or parcel of land described as beginning at a point in the East line of the Northeast Quarter of the southwest Quarter of Section 15, Township 13 South, Range 5 East, said point being 410 feet Southerly measured along said East line from the Northeast corner thereof; thence Southerly along said East line for 140 feet; thence in a Westerly direction and parallel with the North line of said Southwest Quarter to Canoe Creek; thence run Northerly and meandering along Canoe Creek to a point, which said point is 410 feet Southerly, measured along a line parallel with the East line of said southwest Quarter from the North line thereof; thence in an Easterly direction and parallel with the North line of said Southwest Quarter to the point of beginning, SAVE AND EXCEPT that portion of the above described property conveyed to Alabama Power Company, by deed dated October 28, 1963, and recorded in Book 900, Page 339, Probate Office, Etowah County, Alabama, and subject to those portions lying within the boundaries of Riddles Bend Road.


 


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


 


CitiMortgage, Inc.


Transferee


Robert J. Wermuth/anp


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made pursuant to the terms of that certain mortgage executed by M. L. Carstarphen to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Countrywide Home Loans, Inc., its successors and assigns dated December 28, 2006, said mortgage being recorded in Instrument No. 3263127 in the Office of the Judge of Probate of Etowah County, AL. said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC. Nationstar Mortgage 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 before the courthouse door of Etowah County, AL during the legal hours of sale, on November 8, 2012 the following real estate, situated in Etowah County, AL, to-wit: The following described real property situate in the City of Gadsden, County of Etowah, and State of Alabama, to wit: The following described real estate, to-wit:


 


To reach the point of beginning of the property conveyed herein, commence at the NW corner of Lot Number One (1), Block Number One (1), of Pegram Addition to Gadsden, Alabama, as recorded in Plat Book “B”, Page 309, Probate Office, Etowah County, ALabama, and run easterly along the North Line of said Lot 1 and 2, 64.31 feet to a point; which said point is the point of beginning; from said point, continue in an easterly direction and along the north lines of Lots 2 and 3 to the NE corner of Lot 3; thence deflect to the right and run in a southerly direction and along the east line of said Lot 3 and an extension of said line in a southerly direction to a point in the center of a 15.00′ annulled alley; thence deflect to the right in a westerly direction and along said centerline to a point which is 83.74 feet easterly, measured along said centerline, from the easterly R/W of Spruce Street (50′ R/W); thence deflect to the right and run in a northerly direction a distance of 157.83 feet, more or less, to the point of beginning; said description embracing all of Lot 3 and a portion of Lot 2 and the N1/2 of annulled 15′ alley, in Pegram Addition to Gadsden, Alabama, and lying and being in Gadsden, Etowah County, Alabama. Tax ID#: 15-03-05-4-000-237.000 Said property is commonly known as 1208 Walnut St, Gadsden, AL 35901. The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property is M. L. Carstarphen or tenant(s). Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, Georgia 30329


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


 


Oct 12, 19 & 26, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Lisa Allison and Johnny Allison, wife and husband to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely a s nominee for Lender, Americas Mortgage Professionals, LLC, and Lender’s successor and assigns, dated August 25, 2009, and Recorded in Instrument No. 3319885 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Flagstar Bank, FSB by instrument recorded in Instrument No. 3367352 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 July 9, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


LOT 43, ACCORDING TO THE MAP OF SURVEY OF FARM MORTON SUBDIVISION, WHITESBORO, ALABAMA, AS RECORDED IN PLAT BOOK “I”, PAGE 076, PROBATE RECORDS OF ETOWAH COUNTY, ALABAMA, DESCRIPTION TAKEN FROM THAT CERTAIN SURVEY BY R. C. BURGETT, AL REG. NO. 10093, DATED AUGUST 25, 1999. DEED REFERENCES: BOOK 1463, PAGES 237; AND BOOK 1998, PAGE 63, DOC # D-1998-0810.


 


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.


Flagstar Bank, FSB


Mortgagee


William S. McFadden


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


718 Downtowner Blvd.


Mobile, AL  36609


The sale provided for hereinabove which was originally scheduled for July 9, 2012, and was  further postponed until August 16, 2012; and further postponed until September 27, 2012 was further postponed  by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on November 15, 2012 at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.


 


Oct 12, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gregory Brent Barber and wife,  Jamie Kaye Barber, to New Century Mortgage Corporation, on May 26, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number 3248833; and subsequently transferred and assigned to UBS Real Estate Securities, inc., and said assignment being recorded in Instrument Number 3335898; and subsequently transferred and assigned to U.S. BANK NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement dated as of September 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC2 Mortgage Pass-Through Certificates, Series 2006-NC2, and said assignment being recorded in Instrument Number 3335897; U.S. BANK NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement dated as of September 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC2 Mortgage Pass-Through Certificates, Series 2006-NC2, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on July 13, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


All that Certain Lot or Parcel of Land Situated in the County of Etowah, State of Alabama, and Being More Particularly Described as Follows:


 


Lots Numbers Three (3) and Six (6), Block No. One (1), Herschel Johnson Addition to Glencoe, According to the Map or Plat Thereof, as Recorded in Plat Book “E”, Page 87, Probate Office, Etowah County, Alabama, Lying and Being in Glencoe, Alabama.


 


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


U.S. BANK NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement dated as of September 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC2 Mortgage Pass-Through Certificates, Series 2006-NC2


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


(205) 970-2233


THIS FORECLOSURE SALE HAS BEEN CONTINUED TO August 15, 2012 AT THE TIME AND PLACE SET OUT ABOVE


THIS FORECLOSURE SALE HAS BEEN CONTINUED TO September 17, 2012 AT THE TIME AND PLACE SET OUT ABOVE


THIS FORECLOSURE SALE HAS BEEN CONTINUED TO October 17, 2012 AT THE TIME AND PLACE SET OUT ABOVE


 


Oct 12, 2012


MORTGAGE


FORECLOSURE SALE


               


Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Keith Peters, an unmarried man, to The Exchange Bank of Alabama, dated the 9th day of April, 1998, and recorded as Document Number M-1998-1445, in the Office of the Judge of Probate, Etowah County, Alabama.  Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on October 22, 2012, the following described real estate situated in Etowah County, Alabama:


                               


Lot Number Eight (8), Block 7, Mrs. Nena K. Elliott’s Homewood Addition to Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book “C”, Pages 218, and 219, Probate Office, Etowah County, Alabama.


 


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


 


THE EXCHANGE BANK OF ALABAMA


By: /s/Laura T. Lloyd


TURNBACH, WARREN, ROBERTS & LLOYD,  P.C.


P. O. Box 129/200 Chestnut Street


Gadsden, Alabama  35902-0129


(256) 543-3664


 


THIS SALE ORIGINALLY WAS SCHEDULED SEPTEMBER 17, 2012, WAS CONTINUED BY MORTGAGEE ON THAT DATE, AND WAS RESET FOR OCTOBER 22, 2012.


 


Oct 12, 2012


MORTGAGE


FORECLOSURE SALE


               


Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Timothy D. Sprayberry, an unmarried man, and G. Keith Peters, an unmarried man, to The Exchange Bank of Alabama, dated the 15th day of June, 1999, and recorded as Document Number M-1999-2766, in the Office of the Judge of Probate, Etowah County, Alabama.  Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on October 22, 2012, the following described real estate situated in Etowah County, Alabama:


                               


Lot 139, Parcel #4, Cone Mills Corporation, Dwight Division, according to map or plat thereof as recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book “F”, Page 51-65, lying and being in Gadsden (formerly Alabama City) Etowah County, Alabama.  Subject to any easements and restrictions of record.


 


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


 


THE EXCHANGE BANK OF ALABAMA


By: /s/Laura T. Lloyd


TURNBACH, WARREN, ROBERTS & LLOYD,  P.C.


P. O. Box 129/200 Chestnut Street


Gadsden, Alabama  35902-0129


(256) 543-3664


 


THIS SALE ORIGINALLY WAS SCHEDULED SEPTEMBER 17, 2012, WAS CONTINUED BY MORTGAGEE ON THAT DATE, AND WAS RESET FOR OCTOBER 22, 2012.


 


Oct 12, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Timothy D. Sprayberry, an unmarried man, and G. Keith Peters, an unmarried man, to The Exchange Bank of Alabama, dated the 7th day of December, 1999, and recorded as Document Number M-1999-4950, in the Office of the Judge of Probate, Etowah County, Alabama.  Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on October 22, 2012, the following described real estate situated in Etowah County, Alabama:


                               


Lot Number Seven (7), Block 4, W.A. Crocheron Second Addition to Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book “A:, Page 101, Probate Office, Etowah County, Alabama.


 


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


 


THE EXCHANGE BANK OF ALABAMA


By: /s/Laura T. Lloyd


TURNBACH, WARREN, ROBERTS & LLOYD,  P.C.


P. O. Box 129/200 Chestnut Street


Gadsden, Alabama  35902-0129


(256) 543-3664


 


THIS SALE ORIGINALLY WAS SCHEDULED SEPTEMBER 17, 2012, WAS CONTINUED BY MORTGAGEE ON THAT DATE, AND WAS RESET FOR OCTOBER 22, 2012.


 


Oct 12, 2012


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vicki J. Tyler, a single woman, to New Century Mortgage Corporation, on December 20, 2001, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number M-2001-5807; and subsequently transferred and assigned to U.S. Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC1, and said assignment being recorded in Instrument Number 3368336; U.S. Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on July 16, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Four (4) in Plainview Village, as Recorded in Plat Book H, Page 97, Probate Office, Etowah County, Alabama, and Lying and Being in Attalla, Etowah County, Alabama.


 


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


U.S. Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC1


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


(205) 970-2233


THIS FORECLOSURE SALE HAS BEEN CONTINUED TO August 16, 2012 AT THE TIME AND PLACE SET OUT ABOVE


THIS FORECLOSURE SALE HAS BEEN CONTINUED TO September 17, 2012 AT THE TIME AND PLACE SET OUT ABOVE


THIS FORECLOSURE SALE HAS BEEN CONTINUED TO October 17, 2012 AT THE TIME AND PLACE SET OUT ABOVE


 


Oct 12, 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 TO


FILE CLAIMS


 


WILLIAM ALLEN HUGHES, appointed Personal representative (s) on September 28, 2012 Estate of DON ALLEN HUGHES, 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 12, 19 & 26, 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 12, 19 & 26, 2012


 


NOTICE TO


FILE CLAIMS


 


KATHY DOWNEY AND JANE ACRES, appointed Personal representative (s) on September 26, 2012 Estate of LOIS DOWNEY, 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 12, 19 & 26, 2012


 


NOTICE TO


FILE CLAIMS


 


BEVERLY MYERS BATEMON, appointed Personal representative (s) on October 1, 2012, Estate of RAY HOWELL BATEMON, 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 12, 19 & 26, 2012


 


NOTICE TO


FILE CLAIMS


 


ROBIN TURNER COLVARD, appointed Personal representative (s) on July 16, 2012, Estate of EVELYN TURNER TURNER, 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 12, 19 & 26, 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


 


LEGAL NOTICE


 


NOTICE TO: UNKNOWN FATHER OF MALE CHILD BORN AUGUST 2, 2010.


IN RE: Adoption Petition of Terry Wayne Franklin, Sr.


Case Number: A-596


Please take notice that a Petition for Adoption in the above-styled matter has been filed in said Court by Terry Wayne Franklin, Sr. and Leone Franklin, Petitioners and the same has been set for hearing on the 6th day of December, 2012, at 11:00 a.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days hereof with counsel for said Petitioners, whose name and address are as shown below, and with the Clerk of the said Probate Court.


 


Bobby M. Junkins


Judge of Probate


 


Richard A. Rhea


Attorney for Petitioners


930 Forrest Avenue


Gadsden, Alabama 35901


256-547-6801


 


Oct 12, 19, 26 & Nov 2, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-7107


IN THE MATTER OF THE ESTATE OF George A. Andrews, Deceased


TO: Jacqueline Andrews, George Allen Andrews Jr.


YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument in writing purporting to be the Last Will and Testament of George A Andrews, deceas4ed, and a petition in writing under oath praying for the admission to probate and record in this Court of said instrument as the true and Last Will and Testament of said decedent.


 


YOU ARE FURTHER NOTIFIED to be and appear before this Court on the 20th day of November, 2012, at 2:30 p.m., when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of George A Andrews, deceased, should not be admitted to probate and record in this Court as the true and Last Will and Testament of said decedent.


This the 4th day of Oct, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Oct 12, 19 & 26, 2012


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-7118


IN THE MATTER OF THE ESTATE OF DEREK RAY EDWARDS, AN INCAPACITATED PERSON


TO: LOUGENIA KAY EDWARDS


YOU ARE HEREBY NOTIFIED that GLENNIS FAYE EDWARDS has filed in this Court a Petition for Letters of Guardianship and Conservatorship of the Estate of Derek Ray Edwards, an incapacitated person.


YOU ARE HEREBY FURTHER NOTIFIED to be and appear before this Court on the 21st day of November, 2012, at 10:00 o’clock a.m., when said petition will be heard and to show cause, if any you may have, why Letters of Guardianship and Conservatorship should not be granted to GLENNIS FAY EDWARDS in this cause.


This 5th day of October, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Oct 12, 19 & 26, 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


ADVERTISEMENT FOR BIDS


 


Sealed Proposals will be received in duplicate by the Housing Authority of Altoona at Top of Alabama Regional Housing Authority office, 293 Denson Avenue, Boaz, AL 35957 until 10:00 a.m. (local time) on October 30, 2012 for Re-Roofing Project AL 102-06 under H.U.D. Capital Funding Program F.F.Y. 2012, at which time and place they will be publicly opened and read aloud.


 


Contract Documents including drawings and specifications may be examined at the office of the Housing Authority and office of the Architect.


 


The project generally includes Re-Roofing and related work.


 


Bid Documents may be obtained from the Architect upon deposit made payable to the


Architect of $100.00 per set which will be refunded in full on the first two sets issued to each general contractor submitting a bona fide bid upon return of documents in good condition within ten days after bid date. General contractors not submitting a bid shall return documents not less than ten (10) days prior to bid date notifying Architect of intent not to bid in order to obtain a refund of deposit, less cost of printing and handling. Other sets for general contractors and sets for subs and dealers may be obtained with the same deposit which will be refunded as above, less cost of printing and handling, if returned within ten days after the bid date in good condition.


 


Upon request, Bid Documents will be shipped after receipt of $25.00 handling fee per set payable to the Architect.


 


A Certified Check or Bid Bond payable to the Housing Authority of Altoona, Alabama,


in an amount not less than five (5) percent of the amount of the bid, but in no event to exceed $10,000, must accompany the bidder’s proposal. Performance and Statutory Labor and Materials Bond will be required at the signing of the contract.


 


Insurance as set forth in the specifications will be required.


 


This contract is subject to liquidated damages as set forth in the specifications.


 


Attention is called to the fact that not less than the minimum salaries and wages as set forth in the contract documents must be paid on this project and that the contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.


 


Each bid must include the Representations, Certifications and other Statement of Bidders; Non-Collusive Affidavit; E-Verify Certification; and Previous Participation


Certifications executed and signed by the bidder.


 


Bids must be submitted on proposal forms furnished by the Architect or copies thereof. All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect. The bidder shall show such evidence by clearly displaying his or her current license number on the outside of the sealed envelope in which the proposal is delivered. The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owner’s judgment, the best interest of the Owner will thereby be promoted.


 


All questions and/or clarifications requested by bidders regarding contract documents shall be submitted in writing to Architect not less than ten (10) days prior to bid date. Phone call requests are not acceptable. (E-mail: mail@roncannonaia.com).


Gary W. Stanfield, Executive Director


The Altoona Housing Authority


Boaz, Alabama


Ronald G. Cannon, A.I.A., Architect


228 South Fifth Street


Gadsden, Alabama  35901


 


Oct 12, 2012


 


NOTICE OF


ADVERTISEMENT FOR BIDS


 


Project No. SM-CE-PF-09-008


TOWN OF ALTOONA


P. O. Box 279


Altoona, AL  35952


 


Separate sealed bids for Re-Bid of Altoona Multi-Purpose Athletic Field including Bid Schedule “A” – sitework, chainlink field and perimeter fences and gates, laser grading, parking area, access drive and related items; Bid Schedule “B” – sitework, chainlink field and perimeter fences and gates, laser grading, parking area, access drive and related items or Bid Schedule “C” – sitework, chainlink field and perimeter fences and gates, root zone fill, laser grading, parking area, access drive, goal posts and related items will be received by the Town of Altoona at the office of the Town of Altoona, Town Hall, 2844 Main Street, Altoona, AL 35952 until 1:00 P.M., CDT, Wednesday, October 31, 2012, and then at said office publicly opened and read aloud.


 


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


               


Town of Altoona, Altoona, AL


Ladd Environmental Consultants, Inc., Fort Payne, AL


McGraw Hill Construction Dodge


iSqFt Plan Room, 800-364-2059


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


 


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


 


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


 


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


 


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


 


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


 


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


 


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


 


All Bidders must be properly licensed in accordance with the requirements of the State Licensing Board for General Contractors (Chapter 8, Title 34, Code of Alabama, 1975 or latest).  Per the State Licensing Board for General Contractors, a license classification of Municipal and Utility (MU) or a specialty classification for Athletic Fields (SC – Athletic Fields) is required for the project.  Specialty classifications within Municipal and Utility (MU-S) will also be acceptable provided the Bidder holds specialty classification(s) which cover over 50% of the project cost.


 


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


 


OWNER:  TOWN OF ALTOONA


Richard Nash, Mayor                         


 


Oct 12, 2012


 


NOTICE TO


CONTRACTORS


 


Federal Aid Project No.


BR-0179(500) & BR-0179(501)


ETOWAH COUNTY, Alabama


 


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


November 02, 2012, and at that time publicly opened for constructing the following:


 


BRIDGE REPLACEMENT (BRIDGE CULVERT) AND APPROACHES ON SR-179 AT WADE CREEK SOUTH OF AURORA AND AT LITTLE COVE CREEK NORTH OF AURORA


 


The Length Of This Project Is: 0.832 Miles.


 


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


 


The Entire Project Shall Be Completed In Two Hundred Five (205) Working Days.


 


A 5.000000% DBE Contract Obligation Is Required.


 


A Bidding Proposal may be purchased for $ 5.00.


Plans may be purchased for $ 51.00 per set.


 


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


 


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


 


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


 


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


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


The Bracket Estimate On This Project Is From $2,260,000 To $2,770,000


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


 


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


 


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


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


 


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


 


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


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


 


The right to reject any or all bids is reserved.                                                 JOHN R. COOPER                                      Transportation Director


 


Oct 12, 19 & 26, 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


 


NOTICE OF


VEHICLE


POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicle on November 19, 2012 for charges due.


 


1983 Toyota Camry VIN# JT4RN 38D8C0 046343


 


Hammett Towing


75 Hickory Lane


Ashville, AL 35953


 


Oct 12 & 19, 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. 2012-567; 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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