Legal Notices for the week of Oct 26 - Nov 1, 2012

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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,

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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,

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


 


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 Joseph Sawyer and Shundra Sawyer to First Union National Bank of Delaware dated September 12, 2000, and Recorded in Book 2000, Page 284, Doc # M-2000-3416 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to LEM Financial, a/k/a  L.E.M. Financial, Inc. by instrument recorded in Instrument Number 3245284 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 November 30, 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 NUMBER FIVE (5) IN BLOCK NUMBER SIX (6), MOUNTAIN BROOK ADDITION TO GADSDEN, AS THE SAME APPEARS OF RECORD IN PLAT BOOK “D”, PAGE 199, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND THE SOUTH HALF (S 1/2) OF THE ANNULLED ALLEY ADJOINING SAID LOT ON THE NORTH.


 


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.


 L.E.M. Financial, Inc.


Mortgagee


William S. McFadden


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Oct 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated March 31, 2005, executed by Albert Speigner Jr. and Teresa A. Speigner, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Southeastern Financial, Inc., which mortgage was recorded on April 13, 2005, in Document Number M-2005-1489, 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 27, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


All of Lot Number Two (2), and the North (N 1/2) half of Lot Number Three (3), in Argyle Park Addition, according to map thereof recorded in Plat Book “C”, Page 247, Probate Office, and 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 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joel Eric West and Christie L. West, husband and wife, to Ameriquest Mortgage Company, on October 18, 2005, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc#  M2005-4787; and subsequently transferred and assigned to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2005-R11, under the Pooling and Servicing Agreement dated December 1, 2005, and said assignment being recorded in Instrument Number 3308710; Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2005-R11, under the Pooling and Servicing Agreement dated December 1, 2005, 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 November 14, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot 56, of Western Hills 2nd Addition, as recorded in Plat Book “I”, Page 147. Probate Office, 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.


Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2005-R11, under the Pooling and Servicing Agreement dated December 1, 2005


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


205-988-8888


 


Oct 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated December 22, 2008, executed by Travis Blackketter and Tiffany Blackketter, as joint tenants with right of survivorship, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Homestar Financial Corp, which mortgage was recorded on December 29, 2008, in Instrument Number 3306237, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, 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 27, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Begin at the Southeast corner of the Northwest Quarter of the Southeast Quarter in Section 18, T-11-S, R-5-E, of Huntsville Meridian, Etowah County, Alabama and run due West along the South line thereof, 451.07 Feet to a point; thence run North 74 degrees 19 minutes 29 seconds West, leaving said South line, 190.97 Feet to a point on the East R/W line of Egypt Cut-Off Road (40 Feet R/W); thence run a chord bearing and distance along said R/W of North 20 degrees 19 minutes 32 seconds East, 33.22 Feet to a point; thence run a chord bearing and distance along said R/W of North 09 degrees 10 minutes 21 seconds East, 245.39 Feet to a point; thence run due East parallel to the South line of said forty, and leaving said R/W, 86.96 Feet to a point; thence run due South 30.00 Feet to a point; thence run due East parallel to the South line of said forty, 40.00 Feet to a point; thence run due North 30.00 Feet to a point; thence run due East parallel to the South line of said forty 457.55 Feet to a point in the East line of said forty; thence run South 00 degrees 02 minutes 24 seconds West, 325.00 Feet to the point of beginning, said property being a portion of the Northwest Quarter of the Southeast Quarter of Section 18, T-11-S, R-5-E, Etowah County, Alabama, and contains 4.42 acres, more or less.


 


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


 


JPMorgan Chase Bank, National Association


Transferee


Robert J. Wermuth/acl


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Oct 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Clifford L. Callis, a single person to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, First Magnus Financial Corporation, an Arizona Corporation, and Lender’s Successors and Assigns dated September 1, 2005, and Recorded in Doc. #: M-2005-3803 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 3361469 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 November 12, 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 Number Nine and Ten in Block Number One in First Addition of Woodlane Forest, according to the Map or Plat thereof recorded in Plat Book G, Page 21, Probate Office, Etowah County, Alabama, and lying and 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 THE PROBATE WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.


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


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


Bank of America, N. A. 


Mortgagee


Beth McFadden Rouse


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Oct 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by M.I. CARSTARPHEN, single, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Choice Funding, Inc., as Mortgagee, dated the 10th day of March, 2006, and recorded in Doc. #M2005-1056, 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 BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-BC4 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:


 


Lot Number Nine (9) in the Newman First Addition to East Gadsden, according to the Map thereof recorded in Plat Book “H”, Page 92, Probate Office of Etowah County, Alabama, said property 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.


THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-BC4


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 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Anthony L. Neely and Gail Neely, husband and wife, to Regions Bank d/b/a Regions Mortgage, on the 10th day of August, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3277440; the undersigned Regions Bank d/b/a Regions Mortgage, 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:


 


Begin at the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 11 South, Range 6 East, and run North 3 degrees 00 minutes West along the West line of said Quarter a distance of 453.70 feet to a point; thence deflect to the right forming an interior angle of 89 degrees 42 minutes and run North 87 degrees 18 minutes East a distance of 400.0 feet to the Point of Beginning; thence South 3 degrees 00 minutes East and parallel with the West line of said Quarter, a distance of 180.0 feet to a point in the center of a road; thence West and parallel with the North line of this lot and along the center of said road a distance of 150.0 feet; thence North 3 degrees 00 minutes West and parallel with the West line of said Quarter a distance of 180.0 feet; thence North 87 degrees 18 minutes East a distance of 150.0 feet to the Point of Beginning of the above described tract of land embracing a portion of the Northeast Quarter of the Southeast Quarter of Section 35, Township 11 South, Range 6 East, in the City of Gadsden, Etowah County, Alabama, said tract of land subject to a right of way of said road located thereon. Subject to any easements and restrictions of record.


 


Property Street Address: 918 Southline Ave, Gadsden, AL  35901


 


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


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


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


This sale is subject to postponement or cancellation.


Regions Bank d/b/a Regions Mortgage, 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


271023


 


Oct 19, 26 & Nov 2, 2012


 


MORTGAGE


FORECLOSURE SALE


 


DEFAULT HAS BEEN MADE in the terms of a Mortgage executed on February 19, 2008 by Dora B. Pina, as Mortgagor in favor of The Gadco Corporation as Mortgagee, recorded in Instrument No.: 3288832, Probate Office, Etowah County, and said default continuing, the Mortgagee, under the power of sale in the mortgage will sell at auction for cash to the highest bidder on the front steps of the Etowah County Courthouse in Gadsden, Alabama during the legal hours of sale on the 3rd day of December, 2012 the following described real estate, to-wit:


 


Lot Number Three (3) in Block Number Twenty-six in Walnut Park Addition (or West Point Second Addition), as recorded in Book of Town Plats “B”, Page 117, Probate Office, Etowah County, Alabama.


 


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


Mortgagee reserves the right to bid on the property. The mortgage is a first mortgage.


 


THE GADCO CORP.,


JACK FLOYD, ATTORNEY FOR MORTGAGEE


808 Chestnut Street


Gadsden, AL 35901


256-547-6328


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default has been made in the terms of the Mortgage executed by MARCUS COLEMAN AND AMANDA SCHWARCK, to RONALD MCCOY AND ANNE MCCOY, as Mortgagees, dated July 24, 2008, and recorded in Document Number 3298339, Probate Office, Etowah County, Alabama. Default has continued. The mortgagees, under the power of sale contained in the Mortgage, will sell at public auction for cash to the highest bidder at the front steps of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale, on the 3rd day of December 2012, the following described real estate:


 


Lot Numbers 13, 14, 15, 16, 17, 18 and the West one-half (W1/2) of Lot 19, in block no. 2 of Wiggmar Hills, as shown by Plat Recorded in Plat Book “F”, Page 141, in the Office of the Judge of Probate Office, Etowah County, Alabama, said property lying and being in Etowah County, Alabama.


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


Mortgagees reserve the right to bid on the property. The Mortgage is a first mortgage.


 


JACK FLOYD, ATTORNEY FOR MORTGAGEE


808 Chestnut Street


Gadsden, AL 35901


256-547-6328


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Natasha Day, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., solely as  nominee for Ameritrust Mortgage Company, on the 25th day of April, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Inst. # 3245523; said mortgage having subsequently been transferred and assigned to HSBC Mortgage Services Inc., by instrument recorded in Instrument No. 3366121, in the aforesaid Probate Office; the undersigned HSBC Mortgage Services 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 November 26, 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 Four (4) in Block Four (4) of Mary K. Foster Heirs Addition recorded in Plat Book “A”, Page 314 in the Probate Office of Etowah County, Alabama.


 


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


 


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


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


This sale is subject to postponement or cancellation.


HSBC Mortgage Services Inc., 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


272066


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Donnie Kittle and Elizabeth Kittle, as husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Renasant Bank, on the 21st day of October, 2009, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3321983; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, the undersigned JPMorgan Chase Bank, National Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on 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:


 


A tract or parcel of land described as beginning at the Southwest corner of Tract No. 18 in the J.T. Noojin Estate Subdivision, according to the map recorded in Plat Book C, Pages 44 and 45 Probate Office, Etowah County, Alabama, said point being on the North or Northwest right of way line of Marguerite Street; thence run in an Easterly or Southeasterly direction and along the North right of way line of Marguerite Street distance of 230 feet, more or less, to a point where the Northeast right of way line of Marguerite Street and the Northwest right of way line of Barnard Street intersects; thence run in a Northerly or Northeasterly direction along the Northwesterly right of line of Barnard Street a distance of 236.23 feet to a point; thence run in a Westerly or Northwesterly direction and parallel to the Northeast right of way line of Marguerite Street a distance of 230 feet, more or less, to a point on the West or Northwest line of Tract 18; thence run in a Southerly or Southwesterly direction along the West or Northwest line of Tract 18 a distance of 236.23 feet to the Point of Beginning and being a portion of Tract No. 18 in the J. T. Noojin Estate Subdivision as recorded in Plat Book C, Pages 44 and 45, Probate Office, Etowah County, Alabama.


 


Property Street Address: 2978 Marguerite St, Hokes Bluff, AL  35903


 


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


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


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


This sale is subject to postponement or cancellation.


JPMorgan Chase Bank, National Association, Mortgagee/Transferee


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


269882


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Phillip Miller and Tangelia Miller, husband and wife, to New Century Mortgage Corporation, on the 22nd day of June, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2004-3405; said mortgage having subsequently been transferred and assigned to Deutsche Bank National Trust Company, as Trustee  for Morgan Stanley ABS Capital I Inc. Trust 2004-NC8, Mortgage Pass-Through Certificates, Series 2004-NC8, by instrument recorded in Instrument Number 3358288, in the aforesaid Probate Office; the undersigned Deutsche Bank National Trust Company, as Trustee  for Morgan Stanley ABS Capital I Inc. Trust 2004-NC8, Mortgage Pass-Through Certificates, Series 2004-NC8, 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 26, 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 certain parcel of land situate in the City of Gadsden, County of Etowah, State of Alabama, being known and designated as the South 50 Feet of Lot No. Seven (7) in the Tolson Tract Addition to Gadsden according to the map or plat thereof recorded is Plat Book “A”, Page 67, Probate Office of Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama, together with all improvements located thereon.


 


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


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


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


This sale is subject to postponement or cancellation.


Deutsche Bank National Trust Company, as Trustee  for Morgan Stanley ABS Capital I Inc. Trust 2004-NC8, Mortgage Pass-Through Certificates, Series 2004-NC8, 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


54687


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated February 24, 2006, executed by Eric Mullican and Kimberly Mullican, husband and wife as joint tenants, to Long Beach Mortgage Company, which mortgage was recorded on March 1, 2006, in Instrument Number 3241775, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the main entrance to the Etowah County Courthouse at Gadsden,  Alabama, during the legal hours of sale on the 27th day of  November,  2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lots one (1), Two (2), Three (3), Nine (9), Ten (10), Eleven (11), Twelve (12) in Block Number Thirteen (13), in the re-arrangements of Block Six (6), Block Eight (8), and a part of Block Seven (7), in Rolling Green Park, according to the Map or Plat thereof as recorded in Plat Book “C”, Page 349, Probate Office, Etowah County, Alabama and lying and being in Etowah County, Alabama.


Less and Except:


Beginning at the Southeast corner of Lot 9, Block 13, Rolling Green Park as recorded in Plat Book “C”, Page 349, Probate Office, Etowah County, Alabama, thence North 79 Degrees 10’ 11” West, 138.67 feet along the Southwestern line of said lot to an existing angle iron; Thence North 00 Degrees 15’ 33” West, 198.11 feet to a ½” capped rebar (LS#21183) on the Southern R/W of Covington Avenue (50’ R/W); Thence along said R/W, North 88 Degrees 00’ 00” East, 181.79 feet to a ½” capped rebar (LS#21183) on the Northwestern R/W of Walton Street (50’ R/W); Thence leaving said R/W of Covington Avenue and along said R/W of Walton Street South 10 Degrees 56’ 48” West, 234.78 feet to the Point of Beginning.  Said property being all of Lots 9, 10, 11 and 12, and a portion of Lots 1, 2 and 3, in Block 13, in the rearrangements of Block 6, Block 8 and a part of Block 7, in Rolling Green Park, according to the Map or Plat thereof as recorded in Plat Book “C”, Page 349, Probate Office, Etowah County, Alabama, and lying and being in Etowah County, Alabama.


 


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


Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-3


Transferee


Robert J. Wermuth/acl


STEPHENS, MILLIRONS, P.C.


P. O. Box 307


Huntsville, AL  35804


Attorney for Mortgagee


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mary Jean Osborn, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Homecomings Financial, LLC (F/K/A Homecomings Financial Network, Inc.), on the 27th day of December, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3261923; said mortgage having subsequently been transferred and assigned to GMAC Mortgage, LLC, by instrument recorded in Instrument Number 3367703, 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 November 26, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Four, in Block “B”, in the Rearrangement of Meadowlawn IV, in Attalla, Alabama, according to the map or plat thereof recorded in Plat Book “I”, Page 152, Probate Office of Etowah County, Alabama, said property lying and being in Attalla, Etowah County, Alabama, together with all improvements located thereon.


 


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


271576


 


Oct 26, Nov 2 & 9, 2012


 


MORTGAGE


FORECLOSURE SALE


 


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


 


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


 


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


 


MORTGAGEE


Union State Bank


3437 Lorna Road


Hoover, Alabama 35215


JAMES H. GREER


Attorney for Mortgagee


P.O. Box 360345


Birmingham, AL  35236


205/987-2211


 


The public sale provided for herein above was postponed on the 16th day of October 2012, by public announcement being made at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  The foreclosure sale described herein above shall be held on the 19th day of November, 2012, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama during the legal hours of sale.


 


Oct 26, 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


 


NOTICE TO


FILE CLAIMS


 


RICHARD RHEA, appointed Personal Representative (s) on October 5, 2012, Estate of ANTHONY MICHAEL FAUST, 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 19, 26 & Nov 2, 2012


 


NOTICE TO


FILE CLAIMS


 


PAULA R. TUCKER, appointed Personal Representative (s) on October 2, 2012, Estate of J.P. (JOHN PAUL) RATLIFF, 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 19, 26 & Nov 2, 2012


 


NOTICE TO


FILE CLAIMS


 


ROBERT W. WHORTON, appointed Personal Representative (s) on October 3, 2012, Estate of GERALDINE H. WHORTON, 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 19, 26 & Nov 2, 2012


 


NOTICE TO


FILE CLAIMS


 


R. KENT HENSLEE, appointed Personal Representative (s) on October 4, 2012, Estate of LOU ANN TUCKER, 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 19, 26 & Nov 2, 2012


 


NOTICE TO


FILE CLAIMS


 


CARLA HARRIS JUSTICE, appointed Personal Representative (s) on October 9, 2012, Estate of ADELEENE OLIVER HARRIS, 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 19, 26 & Nov 2, 2012


 


NOTICE TO


FILE CLAIMS


 


CHRISTINE WOODS, appointed Personal Representative (s) on October 9, 2012, Estate of HENRY LEE WOODS, 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 26, Nov 2 & 9, 2012


 


NOTICE TO


FILE CLAIMS


 


KIM MARIE GIBBS (A/K/A KIM P.GIBBS), appointed Personal Representative (s) on October 3, 2012, Estate of JAMES E. PARRISH 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 26, Nov 2 & 9, 2012


 


NOTICE TO


FILE CLAIMS


 


KAREN PESQUEDA, appointed Personal Representative (s) on October 15, 2012, Estate of ALEJANDRO PESQUEDA, 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 26, Nov 2 & 9, 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


 


LEGAL NOTICE


 


In accordance with Chapter I, Title 39, Code of Alabama, 1975, notice is hereby given that GKL Companies, Inc. Contractor has completed the Contract for Construction of ROOF REPAIRS A THE ETOWAH COUNTY JUDICIAL BUILDING FOR THE ETOWAH COUNTY COMMISSION at Gadsden, AL for the State of Alabama and the County of Etowah, Owner (s), and have made request for final settlement of said contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify B. Craig Lipscomb.


 


GKL Companies, Inc.


112 Rainbow Industrial Drive


Rainbow City, Al 35906


 


Oct 26, Nov 2, 9 & 16, 2012


 


NOTICE OF


ADOPTION PROCEEDINGS


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


IN THE MATTER OF The Adoption petition of: a child born to April Nunn.


Notice to: James T. Smith, whose address is unknown or Unknown father, whose address is unknown.


You will take notice that a Petition for the Adoption of a child born to April Nunn, natural mother, set to be heard on the 19th day of December, 2012, at 10:30 o’clock a.m., alleging that the identity of the natural parent of said minor child is unknown or undisclosed or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor Child’s birth date is April 7, 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 Justin D. Hayes, 309 Broad Street, Gadsden, Alabama 35901, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.


DONE this 23rd day of October, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Oct 26, Nov 2 & 9, 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


SALE


 


Notice is given that the contents of the following storage unit will be sold for past due rent on November 2, 2012.


 


Greg Bigelow


2045 Gallant Road


Attalla, AL 35954


unit B-7


 


Renee Ferguson


1601 Hooks Lake Road


Gadsden, AL 35901


unit B-18


 


An Extra Attic


4206 Rainbow Drive


Rainbow City, AL 35906


 


Oct 26 & Nov 2, 2012


 


NOTICE OF


VEHICLE


POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicle on December 3, 2012 for charges due.


 


1983 Toyota Corolla VIN# JT4RN 38D8C0 046343


 


Hammett Towing


75 Hickory Lane


Ashville, AL 35953


 


Oct 26 & Nov 2, 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 19, 2012 for charges due.


 


2000 Mits Montero Sport VIN# JA4LS31 H9YP8 11810


 


Hammett Towing


75 Hickory Lane


Ashville, AL 35953


 


Oct 19 & 26, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that on November 30, 2012 at 11:00 a.m. the following vehicles will be sold by sealed bids only for towing and storage charges due.


 


1993 Chevrolet S-10 VIN# 1GCCS14 R3P018 8240


1995 Buick Riviera VIN# 1G4GD22 K7S47 37202


 


Steve’s Towing, Inc.


1719 Kyle Ave.


Gadsden, AL 35901


 


Oct 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 19, 2012 for charges due.


 


1996 Ford Explorer VIN# 1FMDU32 X6TUD47 861


 


Action Towing & Auto Sales


200 4th Street NW


Attalla, AL 35954


 


Oct 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 19, 2012 for charges due.


 


1994 Chev GMT-400 VIN# 2GCEK1 9K8R12 85140


 


Blake Borders


405 Haralson Avenue


Gadsden, AL 35901


 


Oct 19 & 26, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described vehicles on December 3, 2012 for charges due.


 


2001 Ford F 350 VIN# 1FDWX3 6F51EB 54819


1975 Nova VIN# 1X27DS L117835


2005 Ford Superduty Pick up VIN# 1FTSW2 1P05EC 82827


 


Classic Auto


1916 3rd St SW


Attalla, AL 35954


 


Oct 26 & Nov 2, 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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