Legal Notices for the week of Jan 18 - Jan 24, 2013

<p class=_____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Carl D. Waldron

" class="bordered" />

_____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Carl D. Waldron

_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Carl D. Waldron and wife, Keisha Waldron, to JP Morgan Chase Bank, N.A., on the 27th day of April, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3245868; the undersigned JP Morgan 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 March 11, 2013, 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:


 


To reach the point of beginning for the hereinafter described property, commence at the Southeast corner of the Southeast quarter of the Southwest quarter of Section 6, Township 12 South, Range 8 East and run North 06 Degrees 48 Minutes 12 Seconds East along the East line of said quarter 528.63 feet to the point of beginning, from the said point of beginning continue North 06 Degrees 48 Minutes 12 Seconds East along said East line 215.00 feet to a point in the Southwest right of way line of Old Terrapin Creek Public Road, now known as Beaird Road; thence deflect left and run in a Northwesterly direction and along the South line of said road 215.00 feet to a point, said point being the Northwest corner of the property described as Tract I in a deed recorded in Book 1951, Page 220, Probate Office, Etowah County, Alabama; thence deflect left and run South 06 Degrees 48 Minutes 12 Seconds West 215.00 feet to a point; thence deflect left and run South 64 Degrees 52 Minutes 50 Seconds East 215.00 feet to the point of beginning. Said property embracing a portion of the Southeast quarter of the Southwest quarter of Section 6, Township 12 South, Range 8 East of the Huntsville Meridian, Etowah County, Alabama.


 


Property Street Address: 7495 Beaird Rd, Gadsden, 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.


JP Morgan Chase Bank, National Association, Mortgagee/Transferee


Rebecca Redmond


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


232726


 


Jan 4, 11 & 18, 2013


______________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sara K. King, a single person, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Network Funding, L.P., on the 27th day of December, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number: 3343406; said mortgage having subsequently been transferred and assigned to GMAC Mortgage, LLC, by instrument recorded in Instrument Number: 3376198, 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 February 11, 2013, 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 Twenty-Two in First Addition to Watson Estates, according to the map thereof recorded in Plat Book “H”, Page 127, Probate Office, Etowah County, Alabama, and lying and being in Etowah County, Alabama.


 


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


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


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


This sale is subject to postponement or cancellation.


GMAC Mortgage, LLC, Mortgagee/Transferee


Rebecca Redmond


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


275874


 


Jan 11, 18 & 25, 2013


______________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Lisa Allison and Johnny Allison, wife and husband to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely a s nominee for Lender, Americas Mortgage Professionals, LLC, and Lender’s successor and assigns, dated August 25, 2009, and Recorded in Instrument No. 3319885 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Flagstar Bank, FSB by instrument recorded in Instrument No. 3367352 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on February 18, 2013, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:


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


 


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


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


Flagstar Bank, FSB


Mortgagee


William S. McFadden


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


718 Downtowner Blvd.


Mobile, AL  36609


 


Jan 11, 18 & 25, 2013


______________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 14, 2005, executed by Willie L. Daniel and Nerva L. Daniel, husband and wife, to AmSouth Bank, which mortgage was recorded on July 15, 2005, in Document Number M-2005-2956, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Chase Home Finance, LLC, 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 February 5, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Beginning at the Southeast corner of Lot 68, Block 9, Meadow Grove Acres as recorded in Plat Book F, page 41, in the Office of the Judge of Probate of Etowah County; thence run North 07 degrees 00 East along the west line of Allen Blvd. a distance of 148.58 feet; thence run North 83 degrees 00 West a distance of 73.07 feet; thence run South 07 degrees 00 West a distance of 40.00 feet; thence run North 83 degrees 00 West a distance of 67.07 feet; thence run South 07 degrees 00 West a distance of 108.58 feet; thence run South 83 degrees 00 East a distance of 140.14 feet to the point of beginning.  Said property being all of Lots 68, 67, 66, 65 and portions of Lots 64 and 63, Block 9, Meadow Grove Acres as recorded in Plat Book F, page 41, Probate Office of Etowah County, Alabama.


 


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,


successor by merger Chase Home Finance, LLC


Transferee


Robert J. Wermuth/acl


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Jan 11, 18 & 25, 2013


______________


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, JOHN BUTLER, a married man, and KATHY BUTLER, a married woman,), to WinSouth Credit Union, on the 13th day of June, 2006, said mortgage being recorded at Instrument Number Instrument Number 3249157, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 31st day of January, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:


Lot No. 24 in Block No. 11, as recorded in the Book of Town Plats “B” at page 117 in the Office of the Judge of Probate of Etowah County, Alabama, and being in the Walnut Park Addition, Etowah County, Alabama.


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


WINSOUTH CREDIT UNION


 


BY: Cody D. Robinson, Its Attorney


BRUNSON, MCGILL & ROBINSON, P.A.


301 Broad Street


P.O. Box 1189


Gadsden, AL 35902


(256)546-9205


 


Jan 11, 18 & 25, 2013


______________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the terms of that mortgage executed on June 23, 2009 by Stephanie Reeves Jones and husband John P. Jones, to EvaBank, which said mortgage is recorded in Book Instrument No. 3315975, Page  in the  Probate Office of  Etowah County, Alabama, and default continuing, and by virtue of the power of sale contained in said mortgage, the following described property will be sold at public outcry, for cash, to the highest bidder, in front of the Courthouse door of said County, in Gadsden, Alabama, during the legal hours of sale on February 4, 2013:


 


Lots Twenty-one (21) and Twenty-two (22) of Bristow Creek Estates, as recorded in Plat Book “K”, page 105 in the Probate Office of Etowah County, Alabama.


 


Said sale is made for the purpose of paying the mortgage debt and cost of foreclosure.


 


EvaBank, Mortgagee


Dewayne N. Morris  


Attorney for Mortgagee


2131 Third Avenue North


Birmingham, Alabama  35203


 


Jan 11, 18 & 25, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated October 19, 2004, executed by Wilmer M. Whisenant aka Wilmer Mack Whisenant and wife, Priscilla Whisenant, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Gadsden Mortgage Services, Inc., which mortgage was recorded on October 26, 2004, in Document Number M-2004-4671, 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 February 19, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number 2 of the Rearrangement of the West Half of Block Number 4, Brainard R. Pegram Trustee Subdivision, as recorded in Plat Book D, Page 201, 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.


 


JPMorgan Chase Bank, National Association


Transferee


Robert J. Wermuth/rgm


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Deborah Brewster, a single woman, to Household Finance Corporation Of Alabama, on the 16th day of September, 1997, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1997 Page 260; the undersigned Household Finance Corporation Of Alabama, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on February 11, 2013, 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:


 


To reach the point of beginning of a tract or a parcel of land commence at the Northeast corner of Lot 17 and from thence run Southwesterly along the Northwest line of said Lot 10 feet to the point of beginning; from said point of beginning proceed Southwesterly along the Northwest lines of Lots 17 and 16 a distance of 85 feet to a point; thence Southeasterly in a direct line to a point on the Southeast line of Lot 16, which is 20 feet Northwest from the Southwest corner thereof; thence Northeasterly along the Southeast lines of Lots 16 and 17, being also the boundary of Mountain Brook Drive, a distance of 90 feet to a point which is 10 feet Southwest of the Southeast corner of Lot 17; thence Northwesterly on a line parallel to the Northeast line of Lot 17 to the point of beginning, said tract embracing a portion of Lot 16 and 17 in Block 10 in Mountain Brook Addition Number 3, according to the map or plat thereof recorded in Plat Book “E”, Pages 80-81, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama.


 


Property Street Address: 1138 Mountain Brook, 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.


Household Finance Corporation Of Alabama, Mortgagee/Transferee


 


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


271715


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jonathan Hallmark, a married man, to THE PROVIDENT BANK, INC., on October 17, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc #, M-2002-5350; and subsequently transferred and assigned to U.S. Bank N.A., as Trustee for the Registered Holders of the Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2003-BC2, and said assignment being recorded in Instrument#, 3320015; U.S. Bank N.A., as Trustee for the Registered Holders of the Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2003-BC2, 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 February 8, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Beginning at a point at the intersection of the South margin of a Public Street and the East margin of a Public Street which is South 02 degrees 23 minutes West 20 feet and South 89 degrees 34 minutes East 20 feet from the NW corner of the SW ¼ of the NE ¼ of Section 9, Township 10 South, Range 5 East, Etowah County, Alabama; thence from the point of beginning along said South margin South 89 degrees 34 minutes East 210 feet to a point; thence leaving said South margin South 02 degrees 23 minutes East 100 feet to a point; thence North 89 degrees 34 minutes West 210 feet to a point on the East margin of a Public Road; thence along said East margin North 02 degrees 23 minutes West 100 feet to the point of beginning.


 


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


U.S. Bank N.A., as Trustee for the Registered Holders of the Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2003-BC2


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


205-988-8888


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed on March 26, 2003 by Charles V. Canady, Jennifer Weninegar Canady, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc solely as nominee for Branch Banking and Trust Company, and recorded in DOC# at M-2003-1419 on March 27, 2003, and modified in and being modified by agreement in Book 2010, Page 3335814 on 08/02/2010, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Branch Banking and Trust Company as reflected by instrument recorded in Instrument#, 3379401 of the same Office. Shapiro and Ingle, L.L.C., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on February 7, 2013, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:


 


Lot Eight (8) Block Two (2), Richardson Addition, according to the map or plat thereof, as recorded in Plat Book “A”, Page 165, Probate Office, Etowah County, Alabama.


 


For informational purposes only, the property address is: 545 Haralson Ave, Gadsden, AL 35901.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, L.L.C. at the address indicated below.  Shapiro and Ingle, L.L.C. reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.


Branch Banking and Trust Company, and its successors and assigns


Mortgagee or Transferee


SHAPIRO AND INGLE, L.L.C.


10130 Perimeter Parkway, Suite 400


Charlotte, NC 28216


704-333-8107/ 12-002662


Attorneys for Mortgagee or Transferee


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made pursuant to the terms of that certain mortgage executed by Roderick D. Riley and Angela Riley to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Homecomings Financial, LLC F/K/A Homecomings Financial Network, Inc., its successors and assigns dated May 15, 2007, said mortgage being recorded in Instrument No.3271480 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 February 7, 2013 the following real estate, situated in Etowah County, AL, to-wit:


 


Lots Number Five (5) and Six (6) in Block “A”, in the Bonnie Nowlin Subdivision according to the map thereof recorded in Plat Book “D”, page 41, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama. Said property is commonly known as 808 Lay Street, Gadsden, AL 35903.


 


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 Roderick D. Riley and Angela Riley or tenant(s).


Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, Georgia 30329


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


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having being made in the payment of the indebtedness secured by that certain mortgage executed by Benjamin Porter, Jr. and Rosemary Porter in favor of Jim Walter Homes, Inc., and William J. Wade, not in his individual capacity, but solely as Trustee on behalf of Mid-State Trust IV, dated October 18, 1995, and recorded November 20, 1995, in Book 3190, Page 139, recorded in the Office of the Judge of Probate of Etowah County, Alabama.  Said mortgage was transferred and assigned to William J. Wade, not in his individual capacity, but solely as Trustee on behalf of Mid-State Trust IV, by assignment recorded in Book 331, Page 343; later assigned to First Union National Bank of Florida, as Trustee, by instrument recorded in Miscellaneous Book 331, Page 344; subsequently transferred and assigned to Wachovia Bank National Association f/k/a First Union National Bank, as Indenture Trustee, by instrument recorded in Book 331, Page 229.  All assignments recorded in the Office of the Judge of Probate of Etowah County, Alabama.  Said default continues and notice is hereby given that the undersigned, U.S. Bank, N.A., as Trustee on behalf of Mid-State Trust IV by Green Tree Servicing LLC, as servicer with delegated authority, as successor in interest to Wachovia Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama, on February 7, 2013, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to–wit:


 


Commence at the Northeast corner of the SE ¼ of the SE ¼, Section 10, Township 11 South, Range 7 East, and run Westerly along the North line of the SE ¼ of the SE ¼ a distance of 265.92 feet to the point of beginning; from said point of beginning deflect 112° 58’ left and run a distance of 189.02 feet; thence deflect 112°58’ right and run a distance of 286.26 feet; thence deflect 89°33’ right and run Northerly along the East line of that property described in Deed Book 1385, Page 131, Etowah County Probate Office, a distance of  174.13 feet to a point on the North line of the SE ¼ of the SE ¼; thence deflect 90°27’ right and run Easterly along the North line of the SE ¼ of the SE ¼ a distance of 214.08 feet to the point of beginning.


 


Said parcel of land being a portion of the SE ¼ of the SE ¼, Section 10, Township 11 South, Range 7 East, being subject to any rights for the existing dirt road across the Northerly side of the property and subject to any rights to Alabama Power Company for the existing power line across the Northwesterly side of the property, lying and being in Etowah County, Alabama.


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


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


Henry Gilley and Denise Gilley


Marvin’s, Inc.


City of Gadsden, Alabama, a municipal corp.


Walker Brothers, Ltd.


 


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


U.S. Bank, N.A., as Trustee on behalf of Mid-State Trust IV by Green Tree Servicing LLC, as servicer with delegated authority


Attorney for Mortgagee


Spina, & Lavelle, P.C.


1500 Urban Center Drive, Ste. 450


Birmingham, Alabama 35242


(205) 298-1800


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


STATE OF ALABAMA


COUNTY OF ETOWAH


Default having been made in the payment of the indebtedness secured by  mortgage given by Michael McGuire and wife, Anna Nicole Fields, dated  December 6, 2008, recorded as Instrument Number: 3305528, Probate  Office, Etowah County, Alabama, and the undersigned, by reason of such  default, having declared the entire remaining indebtedness secured by  said mortgage to be immediately due and payable and said mortgage  subject to foreclosure and such default continuing, notice is hereby  given that, acting under the power of sale contained in said mortgage,  the undersigned will sell, at public outcry, to the highest bidder for  cash, at the front door of the Etowah County Courthouse at 800 Forrest  Avenue, in Gadsden, Alabama, between the legal hours of sale on February 8, 2013, the following described property:


 


The North 60 feet of Lots Numbers “A”, “B”, “C” and “D” in Block Number Two (2) of Goodyear Park, as recorded in Plat Book “C”, Pages 84-85 in the Probate Office of Etowah County, Alabama.


 


Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Proceeds thereof will be applied as provided by the terms of said mortgage.


 


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, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements and rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.


 


Dated: January 16, 2013


 


LOWERY PROPERTIES, INC.


Mortgagee


BY: GEORGE C. DAY, JR.


Attorney for Mortgagee


Day & Willoughy, P.C.


1925 Rainbow Drive


Gadsden, Alabama 35901


(256) 543-1660


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by David Lomotan and Lisa Lomotan, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 17th day of June, 2009, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3315129; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated November 15, 2012 and recorded in said Probate Office in Instrument Number 3377241. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on February 27, 2013, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:


Lots 72, 73, 74 and 75 in Block “J” of Southmont, as recorded in Plat Book “E”, Pages 230-233, Probate Office, Etowah County, Alabama.


 


This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.


SASSER, SEFTON, BROWN,


TIPTON & DAVIS, P.C.


Bowdy J. Brown, Esq.        


2000 Interstate Park, Suite 300          


Montgomery, Alabama 36109


Our File No.: 49696-478


ATTORNEYS FOR ASSIGNEE


ALABAMA HOUSING FINANCE AUTHORITY


ASSIGNEE


 


Jan 18, 25 & 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Richard A. Kitchens, to The Exchange Bank of Alabama, dated the 28th day of July, 1999, and recorded as Document Number M-1999-3270 in the Office of the Judge of Probate, Etowah County, Alabama.  Said Mortgagee, by reason of such default, having declared all the indebtedness secured by said mortgage due and payable and said mortgage is subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on February 8, 2013, the following described real estate situated in Etowah County, Alabama:


                                               


For a point of beginning: Commence at the intersection of the south right-of-way line of Steele Station Road, said point being 420.00 feet East of the east right-of-way line of Lumley Road; thence run South along the east property line and fence line a distance of 210.00 feet to the Point of Beginning; thence continue South along the east property line and fence line a distance of 315.00 feet to a point; thence deflect right 82 degrees 00 minutes and run Southwesterly a distance of 210.00 feet to a point; thence deflect right 98 degrees 00 minutes and run Northwesterly a distance of 315.00 feet to a point; thence deflect right 82 degrees 00 minutes and run Northeasterly along a wood fence line a distance of 210.00 feet to the Point of Beginning, said Tract embracing a portion of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE 1/4), Section 26, Township-12-South, Range 5-East of the Huntsville Meridian, Etowah County, Alabama, containing 1.50 acres, more or less.


 


Subject to an Easement beginning at the intersection of the south right-of-way line of Steele Station Road and the east line of property a running South 200.00 feet to the beginning of property, said Easement being 10.00 feet in width.


 


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


 


THE EXCHANGE BANK OF ALABAMA


By: /s/Laura T. Lloyd


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


P. O. Box 129/200 Chestnut Street


Gadsden, Alabama  35902-0129


(256) 543-3664 / FAX (256) 543-3674


 


Jan 18, 25 & Feb 1, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 28, 2010, executed by Derek L. Broyles, unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Homestar Financial Corp., which mortgage was recorded on June 30, 2010, in Instrument number 3334404, 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 December 11, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Eight (8) of Lakeview Gardens Subdivision, as recorded in Plat Book “L”, Page 79, 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.


JPMorgan Chase Bank, National Association


Transferee


Robert J. Wermuth/al


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


The sale provided for hereinabove was postponed on December 11, 2012, by public announcement being made in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on January 29, 2013, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.


 


Jan 18, 2013


_____________


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed to Option One Mortgage Corporation on March 1, 2007, by Aaron Gregerson and wife, Kathy Gregerson, and recorded in Instrument, 3266965 and secured indebtedness having been transferred or assigned to Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-5, Asset-Backed Certificates, Series 2007-5 as reflected by instrument recorded in Instrument#, 3374799 of the same Office. Shapiro and Ingle, LLC, as council for the Mortgagee or Transferee, under and by virtue of the power of sale contained in the said mortgage will sell at public outcry to the highest bidder for cash in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, Etowah County, Alabama, on the January 9, 2013, during the legal hours of sale the following real estate situated in Etowah County, Alabama, to wit:


 


Commence at the Southwest corner of the Northeast Quarter of the Southwest Quarter (NE 1/4-SW1/4) of Section 1, Township 12 South, Range 7 East, and from said point run North 3 degrees 27 minutes 19 seconds East and along the West line of said forty a distance of 784.06 feet to a point; thence deflect to the right and run South 74 degrees 52 minutes 23 seconds East a distance of 113.20 feet to a point; thence deflect to the left and run North 18 degrees 11 minutes 3 seconds East a distance of 334.23 feet to a point in the Southerly line of Bachelor’s Chapel Road; thence deflect to the left and run along the Southerly line of said Bachelor’s Chapel Road a distance of 196.14 feet to a point in the West line of said forty; thence deflect to the left and run South 3 degrees 27 minutes 19 seconds West and along the West line of said forty a distance of 311.3 feet, more or less, to the point of beginning; and lying and being a portion of the Northeast Quarter of the Southwest Quarter of Section 1, Township 12 South, Range 7 East, and lying and being in Etowah County, Alabama.


 


Notice of this foreclosure sale may also be provided to the following parties if applicable, who may have some interest in said property, in order that they might avail themselves of the opportunity to bid at said foreclosure sale: Internal Revenue Service.


 


For informational purposes only, the property address is:  4100 Bachelors Chapel Rd, Gadsden, AL 35903.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Five Thousand Dollars and no/100 ($5,000.00) must be tendered in certified funds at the time and place of the sale by the purchaser as a non-refundable deposit.  The balance of the purchase price must be paid in certified funds within 24 HOURS thereafter at the law offices of Shapiro and Ingle, L.L.C., 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216, 704-333-8107.  Shapiro and Ingle, L.L.C. reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.


 


Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-5, Asset-Backed Certificates, Series 2007-5, and its successors and assigns


 


Mortgagee or Transferee


SHAPIRO AND INGLE, L.L.C.


10130 Perimeter Parkway, Suite 400


Charlotte, NC 28216


704-333-8107/12-002520


Attorneys for Mortgagee or Transferee


The Messenger Newspaper – Run ad: October 31, 2012 and November 7 and 14, 2012


 


The public sale provided for hereinabove was postponed on January 9, 2013, 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 hereinabove shall be held on the January 30, 2013, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.


 


Jan 18, 2013


_____________


NOTICE TO


FILE CLAIMS


 


LANA LUTES NELSON, appointed Personal representative (s) on August 21, 2012, Estate of BENNY NELSON, 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


 


Jan 4, 11 & 18, 2013


_____________


NOTICE TO


FILE CLAIMS


 


BETTY TREECE SMITH, appointed Personal Representative (s) on December 27, 2012, Estate of QUENTIN RAY SMITH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Jan 11, 18 & 25, 2013


_____________


NOTICE TO


FILE CLAIMS


 


OLA MCKINNEY BYNUM, appointed Personal Representative (s) on December 17, 2012, Estate of CALVIN ELBERT BYNUM, 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


 


Jan 11, 18 & 25, 2013


_____________


NOTICE TO


FILE CLAIMS


 


BARBARA B. CHAMBERS, appointed Personal Representative (s) on December 19, 2012, Estate of JAMES W. CHAMBERS, JR. deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Jan 11, 18 & 25, 2013


_____________


NOTICE TO


FILE CLAIMS


 


RANDALL STEVE MCALISTER, appointed Personal Representative (s) on November 29, 2012, Estate of JACKIE GREEN MCALISTER, 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


 


Jan 11, 18 & 25, 2013


_____________


NOTICE TO


FILE CLAIMS


 


SHARILYN JILL (MERKEL) FORCHT AND RICKEY ALLEN MERKEL, appointed Personal Representative (s) on December 5, 2012, Estate of WILLIAM JOHN DAVEY, 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


 


Jan 11, 18 & 25, 2013


_____________


NOTICE TO


FILE CLAIMS


 


RUTH UNDERWOOD appointed Personal Representative on December 14, 2012 Estate of DOROTHY L. SMITH-BEY, 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


 


Jan 18, 25 & Feb 1, 2013


_____________


NOTICE TO


FILE CLAIMS


 


GLENDA WOOD DABBS appointed Personal Representative on December 27, 2012 Estate of EVELYN WOOD, 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


 


Jan 18, 25 & Feb 1, 2013


_____________


NOTICE TO


FILE CLAIMS


 


JAMES RAY EWING appointed Personal Representative on January 3, 2013 Estate of NANCY NOLAND EWING, 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


 


Jan 18, 25 & Feb 1, 2013


_____________


NOTICE TO


FILE CLAIMS


 


CECIL FAULKNER appointed Personal Representative on January 4, 2013 Estate of MITCHELL RAY FAULKNER, 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


 


Jan 18, 25 & Feb 1, 2013


_____________


NOTICE TO


FILE CLAIMS


 


KELLYE B. MCDOWELL appointed Personal Representative on January 7, 2013 Estate of JIMMIE SUE BURGESS, 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


 


Jan 18, 25 & Feb 1, 2013


_____________


NOTICE TO


FILE CLAIMS


 


ROLAND JACKSON SMITH, JR AND GEORGE MICHAEL SMITH appointed Personal Representative on January 8, 2013 Estate of ANNIE HINTON BECKERT, 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


 


Jan 18, 25 & Feb 1, 2013


______________


LEGAL NOTICE


 


Charter West Mortgage, LLC and Lynn Miller, whose whereabouts are unknown, must answer the Complaint of Alabama Publishing Group, Inc. for breach of contract, which was filed in the District Court of Etowah County, Alabama, Case No.: DV-2012-900527 by the 17th day of February, 2012, or thereafter a judgment by default may be rendered against them both.


 


This the 21st day of December, 2012


 


Christopher A. Callaghan, Esq.


Attorney for Plaintiff


P.O. Box 1036


Gulf Shores, AL 36547


(251) 285-3425


 


Dec 28, 2012, Jan 4, 11 & 18, 2013


_____________


LEGAL NOTICE


 


IN THE JUVENILE COURT OF ETOWAH COUNTY


NOTICE OF TERMINATION OF PARENTAL RIGHTS


JAMES LEE ABNER, father of a child born on May 23, 2010, whose whereabouts are unknown, must answer the Petition filed by Katherine Rachael Morgan, for the Termination of the Parental Rights of said child, by February 25, 2013, or thereafter a Judgment by Default may be rendered against him in Case No. JU 12-328.01 Juvenile Court, Etowah County, Alabama.


 


Billy Yates


 


Jan 4, 11, 18 & 25, 2013


_____________


NOTICE OF


PUBLICATION


 


WILLIAM CURTIS HAMBY, whose whereabouts are unknown, must answer the Complaint for Divorce of Kayla Elizabeth Hamby, by March 4, 2013, or thereafter a judgment of default may be rendered against him in Civil Action No. DR-2012-698-DAK, in the Circuit Court of Etowah County, Alabama.


Dated January 8, 2013.


 


Jan 11, 18, 25 & Feb 1, 2013


_____________


NOTICE OF


ADOPTION PROCEEDINGS


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. A-624


IN THE MATTER OF The Adoption Petition: A CHILD BORN TO SUSAN ANNETTE TERRELL


TO: Natural father, whereabouts unknown.


Take notice that a Petition for the Adoption of a child born to Susan Annette Terrell, (Natural Mother), has been filed by Melton G. Terrell and Janie H. Terrell, set to be heard on the 14th day of March, 2013, at 3:00 o’clock p.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor Child’s birth date is September 13, 2000.


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


DONE this 11th day of  January, 2013.


 


Bobby M. Junkins


Judge of Probate


 


Shannon L. Millican


Attorney for Petitioners


827 Chestnut Street


Gadsden, AL 35901


256-543-7610


 


Jan 18, 25, Feb 1 & 8, 2013


______________


NOTICE OF


PUBLICATION ON ADOPTION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, AL


IN THE MATER OF THE ADOPTION OF A CHILD BORN TO SHAINA LEANN GUYTON


NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A CHILD BORN OT SHAINA LEANN GUYTON, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED:


Take notice that a petition for the adoption of a child born to Shaina Leann Guyton, set to be heard on March 12, 2013, at 11:00 a.m., alleging that the identity of the natural parent of said minor child is unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor child’s birth date is August 19, 2009.


Please be advised that should you intend to contest this adoption, you must file a written response within 30 days of the last publication date herein with Jack Floyd, Attorney, 808 Chestnut St., Gadsden, AL 35901, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Ave., Gadsden, AL 35901.


DONE this the 19th day of December, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Jan 18, 25, Feb 1 & 8, 2013


______________


NOTICE OF


CIVIL ACTION


 


Timothy Joshua Wisdom, whose whereabouts are unknown, must answer the complaint filed against him by Geraldine Williams before March 8, 2013, or a judgment by default may be rendered against him in Case No. CV-10-900685, Circuit Court of Etowah County for the relief demanded in the Complaint.


 


Philip E. Miles, Esq.


Attorney for Plaintiff


309 Broad Street


Gadsden, AL 35901


 


Jan 18, 25, Feb 1 & 8, 2013


______________


NOTICE OF


CLERKS SALE


 


JIMMIE RUTH RODGERS, PLAINTIFF


VS


DEBORAH DEIONE MORGAN, ARTHUR L. BILLINGSLEY; AND WILLIE MORGAN, DEFENDANTS.


CASE NO.: CV-12-362-DAK


Clerk’s Sale by Virtue of a Judgment Rendered on December 21, 2012 in the Circuit Court in this cause, I will proceed to sell to the highest and best bidder, for cash, at public auction at the front door of the Etowah County Judicial Building in Gadsden, Alabama, within the legal hours of sale on the 5th day of February at 11:00 a.m.


 


A lot or parcel of land described as beginning at the northwest corner of lot number 16 in the J. S. Chester addition to Gadsden and from thence run in a southerly direction and along the west line of said lot number 16 a distance of 6.9 feet to a point; thence deflect an angle of 90° to the left and run in an easterly direction parallel with the north line of said lot number 16 a distance of 118.9 feet to a point in the east line of said lot number 16; thence deflect an angle of 88°17’ to the left and run in a northerly direction along the easterly lines of said lot number 16 and lot number 2 in said j.s. Chester addition a distance of 31.2 feet to a point; thence deflect an angle of 87° 43’ to the left and run in a westerly direction a distance of 120.1 feet to a point in the west line of lot number 1 in said J.S. Chester addition; thence deflect an angle of 94° to the left and run in a southerly direction and along the westerly line of said lot number 1 a distance of 32.6 feet to the point of beginning, said description embracing portions of lots numbers one (1), Two (2) and sixteen (16) in the J.S. Chester addition to Gadsden, according to map or plat thereof recorded in plat book “b”, page 139, in the office of the judge of probate of Etowah county, Alabama, and lying and being in Gadsden, Etowah County, Alabama.


This the 10th day of January, 2013.


 


Billy Yates


Circuit Clerk


 


Jan 18, 25 & Feb 1, 2013


_____________


NOTICE TO


CONTRACTORS


 


Federal Aid Project No.


SRTS-SR12(912)


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., January 25, 2013, and at that time publicly opened for constructing the following:


 


SAFETY IMPROVEMENTS AT W.E. STRIPLIN AND C.A. DONEHOO ELEMENTARY SCHOOLS IN THE CITY OF GADSDEN AS INDICATED IN THE PLANS


 


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 Forty (40) Working Days.


 


A Bidding Proposal may be purchased for $ 5.00.


Plans may be purchased for $  8.00 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 $68,609 To $83,017


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


 


Jan 4, 11 & 18, 2013


_____________


NOTICE OF


SHERIFF’S SALE


 


UNDER AND BY VIRTUE OF CV08-243 ETOWAH COUNTY CIRCUIT COURT Against Karla Steelman and in favor of Harvest Credit Management VII, LLC. I will proceed to sell on Monday the 28th day of January, 2013, at 11 a.m. at the Etowah County Courthouse, 800 Forrest Ave. Gadsden, AL. Between the legal hours of sale the following described property of the said


 


Begin at the NE corner of the NE1/4 of the SE1/4 of Section 14, T-12s, R3E, thence 803 degrees 30’58” W and along the East line of said ¼ a distance of 871.35 feet, thence N86 degrees 29’02” W a distance of 52.28 feet, thence N 57 degrees 53’ 53” W a distance of 669.95 feet, thence N 32 degrees 24’34” W a distance 609.85 feet to a point in the North line of said ¼ , thence S 89 degrees 44’56” W and along said North line a distance of 1000.00 feet to the point of beginning, said Property address 1625 Buzzard Rock Road.


 


**SOLD SUBJECT TO CODE OF ALABAMA (6-9-85) UNDIVIDED INTEREST IN PROPERTY


**ALL PROPERTY SOLD SUBJECT TO ALL MORTGAGES AND ENCUMBRANCES. All property located in Etowah County. Purchaser pays cost of advertising and other lawful charges and fees.


 


Todd Entrekin


Sheriff of Etowah County


Per Johnny Grant


Chief Deputy


 


Jan 4, 11 & 18, 2013


_____________


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that on February 18, 2013, at 10 a.m. the undersigned will proceed to sell the following vehicles for towing and storage fees.


 


2000 Chevrolet Malibu VIN# 1G1NE52 J3Y61 85317


1996 Ford Taurus VIN# 1FALP53 S3TA31 5950


2000 Lincoln Town Car VIN# 1LNHM8 2W8YY 785092


2001 Saturn SL2 VIN# 1G8ZK52 721Z30 3765


 


Jimmy Easterwood


1727 Forrest Ave


Gadsden, AL 35901


256-543-1332


 


Jan 11 & 18, 2013


_____________


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following vehicle on February 18, 2013 for charges due.


 


1998 Chevrolet Tahoe VIN# 1GNEC13 R4XJ3 9867


 


Danney Coffey


 


Jan 18 & 25, 2013


 


 

 
Advertise with the Messenger

Reach more people with your message. The Messenger provides targeting advertising that gets results

Learn more »
Subscription Information

The Messenger delivered to your door

Subscribe »
Get in touch

Phone: (256) 547-1049
Email: info@gadsdenmessenger.com

Online Contact Form »