Legal Notices for the week of Oct. 4-Oct. 10, 2013

 _____________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Deborah S. Owens, a single person, to Wells Fargo Bank, N.A., dated May 10, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3332165.  Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, NA, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on October 24, 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:

The following described real estate, situated in Etowah County, Alabama, to-wit: 

Lots 34 and 35 as shown on the map of Calhoun Estates, as recorded in Plat Book “H”, Page 132 and 133, Probate Office Etowah County, Alabama.

Property Street Address: 81 Calhoun Cir, Rainbow City, AL 35906-7725 (provided for informational purposes only)

Said property will be sold “AS IS”.  Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.  

The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. 

Wells Fargo Bank, NA

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

2718 20th Street South, Suite 210

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90001206-13

Sept 20, 27 & Oct 4, 2013

_____________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated October 13, 2008, executed by Jason D. McArthur, single, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Countrywide Bank, FSB, which mortgage was recorded on October 23, 2008, in Instrument Number 3303300, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing 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 October 22, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot No., 5, in Edwards Addition to Southside, according to the map thereof recorded in Plat Book “H”, Page 128, Probate Office of Etowah County, Alabama, and being in Southside, Etowah County, Alabama.

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

Green Tree Servicing LLC

Transferee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Sept 20, 27 & Oct 4, 2013

_____________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Breanna M. Livingston, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 22nd day of September, 2011, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3355591; 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 July 5, 2013 and recorded in said Probate Office in Instrument Number 3388378.  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 October 16, 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:

A tract of land described as beginning at the Southwest corner of Lot Number (4); and from thence run in a northeasterly direction, along the Southeast line of said Lot Number (4), a distance of 32.2 feet; thence in a northerly, or northwesterly, direction, in a direct line, a distance of 77.2 feet to the Northeast corner of Lot Number Five (5); thence in a westerly direction, alone the North line of Lot Number Five (5), a distance of 50 feet to the Northwest corner of said Lot Number Five (5), said point also being the Southeast corner of Lot Number Thirteen (13); thence in a northerly direction, along the East line of said Lot Number Thirteen (13), a distance of 30 feet; thence in a westerly direction, parallel with the South line of Lot Number Thirteen (13), a distance of 15 feet thence in a southerly direction parallel with the East lines of Lots Numbers 13 and 6, a distance of 138.3 feet to a point in the southerly line of said Lot Number 6; thence in a easterly and northeasterly direction along the southerly lines of Lots Number 6 and 5, a distance of 69 feet, more or less, to the point of beginning, said description embracing all of Lot Number Five (5) and portions of Lots Number Four (4) and Six (6) and Thirteen (13) in Block Number Three (3) in College Heights, according to map thereof recorded in Plat Book “C”, Page 213, Probate Office, Etowah County, and begin and lying in the City of Gadsden, 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.   

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-858

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE 

Sept 20, 27 & Oct 4, 2013

_____________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Charles Keith Bickerstaff and Kristie Deann Bickerstaff, husband and wife, to Long Beach Mortgage Company, on June 13, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number M-2003-3389; and subsequently transferred and assigned to U.S. Bank National Association, as Trustee for the registered holders of GSAMP Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1 , and said assignment being recorded in Instrument Number  3307935; U.S. Bank National Association, as Trustee for the registered holders of GSAMP Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1, 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 October 16, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit: 

Commence at the Southeast corner of Section 13, T-10-S, R-4-E, in Etowah County, Alabama; thence N00°30`00”W along the East line of said section a distance of 1856.50 feet to a metal marker; thence leaving the above East line N89°09`00“W a distance of 437.70 feet to a point in the center of Union-Pleasant Hill Road (60` R/W); thence S89°29`00”W along the centerline of said road a distance of 753.80 feet to the point of beginning for the parcel herein described; thence continue along the centerline

S89°33`24”W (M) S89°29`00”W (R) a distance of 208.41 feet (M) 208.70 feet (R) to a point in the center of Misty Lane (30` R/W) extended; thence N02°32`00”W along the centerline of said Misty Lane a distance of 417.70 feet; thence leaving the above center N89°33`24”E (M) N89°29`00”E (R) a distance of 208.41 feet (M) 208.70 feet (R); thence S02°32`00”E, a distance of 417.70 feet to the point of beginning. Said property being a portion of Section 13, T-10-S, R-4-E, Etowah County, Alabama.

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

U.S. Bank National Association, as Trustee for the registered holders of GSAMP Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1 

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Sept 20, 27 & Oct 4, 2013

_____________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Ashley Diggs and Charles Stoney Diggs, married persons, to The Bank, on the 13th day of August, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2004-3607; the undersigned Cadence Bank, N.A., successor by merger to Superior Bank f/k/a The Bank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on October 21, 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 10, Unit 10, Green Valley Lake Estates, as recorded in Plat Book “I”, Page 117, 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.

Cadence Bank, N.A., successor by merger to Superior Bank f/k/a The Bank, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

285413

Sept 20, 27 & Oct 4, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Larry W. Moore and wife, Jo Ann Moore, to Family Savings Federal Credit Union on the 30th day of May, 2007, said mortgage being recorded at Instrument #3282101, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on October 21, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot No. Three (3) in Block No. Two (2) of the Dorman Addition to the Town of Altoona according to the Plat thereof recorded in Plat Book “B”, page 175, in the Office of the Judge of Probate of Etowah County, Alabama, and a tract of land described as beginning at a culvert on College Street and running North 158 feet along ditch to Moore property, thence along road to point of beginning, being a three-cornered Lot comprising parts of Lots 1 and 2 in Block Number 2 in Dorman Addition to the Town of Altoona, Alabama, according to the Plat thereof recorded in Plat Book “B”, Page 175, in the Office of the Judge of Probate of Etowah County.  SAVE AND EXCEPT the following described real estate:  A tract or parcel of land described as beginning at a culvert on College Street in the Town of Altoona, Etowah County, Alabama, said culvert being located in Lot One (1) in Block Two (2) in the Dorman Addition of the Town of Altoona, according to the map recorded in Plat Book “B”, Page 175, Probate Office, Etowah County, Alabama; and from thence in an easterly direction and along the North right-of-way of College Street, a distance of 129 feet to a point; thence run in a northerly direction and parallel to the west line of Lot Three (3) in Block Two (2), a distance of 90 feet, more or less, to a ditch; thence run in a southwesterly direction a distance of 154 feet, more or less, to the point of beginning at said culvert; said tract being a portion of Lots 1, 2 and 3 in Block No. 2 in the Dorman Addition to the Town of Altoona, as recorded in Plat Book “B”, Page 175, Probate Office, 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.

Family Savings Credit Union (fka Family Savings Federal Credit Union)

/s/Dana L. Rice

Dana L. Rice, Its Attorney

Dana L. Rice, L.L.C.

P. O. Box 8345

Gadsden, Alabama 35902

(256) 546-0611

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jalania Lewis, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Lend America, dated March 21, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3290878.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, N.A.. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, N.A., will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on November 7, 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:

TRACT 1: Lot 54 of Sam Nabors Estates, as recorded in Plat Book “H”. Page 114, Probate Office, Etowah County, Alabama. TRACT II: The North 11.5 feet of Lot 24 of the First Addition to Sam Nabors Estates, as recorded in Plat Book “H”, Page 116, Probate Office, Etowah County, Alabama.

Property Street Address: 420 Lenford Avenue, Glencoe, AL 35905-1620 (provided for informational purposes only)

Said property will be sold “AS IS”.  Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.  

The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. 

Wells Fargo Bank, N.A.

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

2718 20th Street South, Suite 210

Birmingham, AL 35209

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Barry Jay Hubbard and Valerie C. Hubbard, 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 13th day of September, 2006, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3255514, as corrected and re-recorded in Instrument Number 3256301; 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 March 7, 2012 and recorded in said Probate Office in Instrument Number 3364010.  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 October 31, 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:

Lot Number Two (2), Third Addition to Monte Vista, according to map or plat thereof recorded in Plat Book “G”, Page 69, Probate Office, Etowah County, and lying and being in Gadsden, 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.   

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-839

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE 

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Andres R. Marcano and wife, Tammy L. Marcano to Joe E. Gamberi, Jr., and Frank Minogue dated February 27, 2009, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3309778; the undersigned mortgage owner, Joe E. Gamberi, Jr., and Frank Minogue, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 29th day of October, 2013, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

The Easterly Half (E-1/2) of Lots Number Seven (7) and Eight (8) in Block “F” of Sims Addition to Glencoe as shown by plat recorded in Book of Town Plats “C”, Page 227, Office of the Judge of Probate, Etowah County, Alabama, save and except a tract or parcel described as beginning at the Southeast corner of said Lot Number Seven (7) and running in a Westerly direction a distance of 110 feet to a point; thence in an Easterly direction a distance of 112 feet to a point in the East line of said Lot Number Seven (7), which point is 15 feet North of the point of beginning; thence South and along the East line of said Lot Number Seven (7) a distance of 15 feet to the point of beginning, all being in Etowah County, Alabama, together with all improvements located thereon, subject to any easements or restrictions of record.  

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

JOE E. GAMBERI, JR. AND

FRANK MINOGUE

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gary W. Radcliffe, a married man and wife, Kimberly Radcliffe, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Wachovia Mortgage Corporation, on the 11th day of May, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3271073; said mortgage having subsequently been transferred and assigned to Wells Fargo Bank, N.A., by instrument recorded in Instrument Number 3378800, in the aforesaid Probate Office; the undersigned Wells Fargo Bank, N.A., 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 4, 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 Six (6) and the South 15 feet of Lot five (5), Block Two (2) according to the map or survey of J.H. (Boy) Sitz Addition to Gadsden Alabama, as recorded in Map Book “C”, Page 39 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.

Wells Fargo Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

303362

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mickey Pate and Renna Pate, husband and wife, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Hometown Mortgage Services, Inc., dated July 21, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3251626.  Said mortgage was subsequently sold, assigned and transferred to ALLIANCE REALTY CAPITAL, LLC. Under and by virtue of the power of sale contained in said mortgage, the undersigned, ALLIANCE REALTY CAPITAL, LLC, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on November 19, 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:

Part of Lots #3 and #4, Block #25, original Survey of the Town of Attalla, Etowah County, Alabama, described as follows: Beginning at a point on the intersection of said Lot #4 and Fourth Avenue 100 feet West of the NE corner of said Lot #4; thence West along said Fourth Avenue, 92.5 feet to the NW corner of said Lot #4 at the intersection of Fourth Avenue and Sixth Street; thence along Sixth Street in a Southwesterly direction to the SW corner of Lot #3; thence in an Easterly direction and parallel with Fourth Avenue a distance of 92.5 feet; thence in a Northerly direction and parallel with the alley between Fifth and Sixth Streets a distance of 200 feet to the point of beginning; making a lot 92.5 feet by 200 feet and lying West of and adjacent to that portion of said lots sold to L.K. Bryant on January 9, 1917, as recorded in Book 3-L, page 632, Probate Office, Etowah County, Alabama.

Property Street Address: 516 4th Avenue NW, Attalla, AL 35954 (provided for informational purposes only)

Said property will be sold “AS IS”.  Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.  

The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. 

Alliance Realty Capital, LLC

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

2718 20th Street South, Suite 210

Birmingham, AL 35209

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William B. Smith, unmarried, to JPMorgan Chase Bank, N.A., on the 24th day of March, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3364902; the undersigned JPMorgan Chase Bank, National Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on October 21, 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 One (1), Block Number Two (2), White’s Subdivision as recorded in Plat Book “F”, Page 163, Probate Office of Etowah County, Alabama.

One and the same as:

All that parcel of land in Etowah County, State of Alabama, ID# 10-07-26-1-000-027.000, being known and designated as:

H/S base year- Lot 1 BLK 2 white’s sub plat F-163 Gadsden SEC 26 TWP 11S R 6E 1317-74S D-2002-2837 and described in document number 2837 dated 07/20/2002 and recorded 00/ /2002.

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

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

296992

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jimmy Chaney and Angela Chaney, husband and wife, to Hamilton Mortgage Corporation, on the 7th day of August, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3299216; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in Instrument Number 3302337, in the aforesaid Probate Office; the undersigned JPMorgan Chase Bank, National Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on October 21, 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:

A parcel of land being a portion of the Northwest Quarter of the Fraction Section 8, Township 10 South, Range 5 East in Etowah County, Alabama, more particularly described as follows: Beginning at the Southeast corner of Lot 17 of Solar Estates as recorded in Plat Book “I”, Page 131 in the Probate Office of Etowah County, Alabama; thence North 89 degrees 50 minutes 01 seconds East 174.99 feet to an iron pin found on the West margin of Hood Road; thence along the West margin of said Hood Road, South 00 degrees 00 minutes 32 seconds East 100.12 feet to an iron pin found on the West margin of said Hood Road; thence leaving the West margin of said Hood Road, South 89 degrees 59 minutes 25 seconds West 174.98 feet to an iron pin found; thence North 00 degrees 00 minutes 59 seconds West to the Point of Beginning.

Property Street Address:        205 Hood Drive, Boaz, AL  35956

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

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

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

This sale is subject to postponement or cancellation.

JPMorgan Chase Bank, National Association, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

283120

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jean Bradford, an unmarried woman, to Southern Atlantic Financial Services, Inc., dated July 29, 1999, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1999, Page 188 as Instrument Number M-1999-2843.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, N.A.. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, N.A., will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on November 7, 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:

A lot or parcel of land described as beginning at a point in the East line of the West Half (W ½) of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼), which said point is 371` North, measured along East line, from the Southeast corner of said West Half (W ½) of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼), and from thence run North and along the East line of said West Half (W ½) of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼), a distance of 100`; thence to the left an angle of 87º 18` and run West a distance of 186` to the East line of Henson Street; thence to the left an angle of 92º 42` and run South and also the East line of said Henson Street a distance of 100`; thence to the left an angle of 87º 18` and run East a distance of 186` to the point of beginning and embracing a portion of the West Half (W ½) of the Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) in Section Thirty-one (31), Township Eleven (11) South, Range Six (6) East of the Huntsville Meridian, in Gadsden, Etowah County, Alabama.

Property Street Address: 11 Hinson Avenue, Gadsden, AL 35904-1127 (provided for informational purposes only)

Said property will be sold “AS IS”.  Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.  

The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. 

Wells Fargo Bank, N.A.

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

2718 20th Street South, Suite 210

Birmingham, AL 35209

Sept 27, Oct 4 & 11, 2013

_____________ MORTGAGE

FORECLOSURE SALE

ALABAMA, ETOWAH COUNTY  Default having been made pursuant to the terms of that certain mortgage executed by Donald Holladay, a single man to Mortgage Electronic Registration Systems, Inc., solely as nominee for Homecomings Financial, LLC (F/K/A Homecomings Financial Network, Inc.), dated January 26, 2007, said mortgage being recorded in Instrument #3264311 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 October 31, 2013 the following real estate, situated in Etowah County, AL, to-wit: Commence at the Northwest corner of Section 21, Township 10 South, Range 5 East of Huntsville Meridian, Etowah County, Alabama and run South, along the West line thereof, 689.00 feet to the Northeast R/W line of Cox Gap Road (60’ R/W); Thence deflect left and run Southeasterly along said R/W, 375.00 feet to an existing nail in cross tie; Thence continue Southeasterly along said R/W 159.00 feet to the point of beginning; Thence deflect 76 degrees 00’05” left and run Northeasterly leaving said R/W 234.25 feet to a point; Thence deflect 21 degrees 41’24” left and run Northerly, 172.24 feet to a point; Thence deflect to the right so as to form an interior angle of 79 degrees 28’20” and run Southeasterly, 265.00 feet to a point; Thence deflect right so as to form an interior angle of 95 degrees 02’05” and run Southwesterly 258.93 feet to a point; Thence deflect 16 degrees 34’51” left and Southerly, 133.24 feet to a point on the Northeasterly R/W of said Cox Gap Road; Thence deflect 108 degrees 48’01” right and run Northwesterly along said R/W, 351.22 feet to the point of beginning. Said property being a portion of the NW 1/4 of the NW 1/4, in Section 21, T-10-S, R-5-E, Etowah County, Alabama and contains 2.48 acres, more or less. According to the survey prepared by Jerry L. Dowdy, PLS AL. Reg. No. 18979 dated October 8, 2003.  Said property is commonly known as 7680 COX GAP ROAD, BOAZ, AL 35956  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 Donald Holladay, a single man  or tenant(s). RCO Legal, P.S. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192 

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Nellie Jo Summerville, a married person and James J. Summerville, a married person, to Wells Fargo Bank, N.A., on the 25th day of October, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3258581 and recorded in Instrument Number 3258655; the undersigned Wells Fargo Bank, N.A., 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 4, 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:

A lot or parcel of land described as beginning at the Northeast corner of Lot Number Eight (8) and from thence run in a Southerly direction and along the Easterly line of said Lot Number 8 a distance of 14 feet; thence run in a Southwesterly  direction and in a direct line, a distance of 215 feet, to the Northwest corner of said lot, which said point is also the Southwest corner of Lot Number Seven (7); thence run in a Northwesterly direction and along the Southwesterly line of said Lot Number Seven (7) a distance of 100 feet to the Northwest corner thereof; thence run in a Northeasterly direction and along the Northwesterly line of said Lot Number Seven (7) a distance of 221 feet to the Northeast corner thereof; thence run in a Southerly direction and along the Easterly line of said Lot Number Seven (7) a distance of 101.3 feet to the point of beginning, said description embracing all of Lot Number Seven (7) and a portion of Lot Number Eight (8), in Block Number Five (5), in the Re-arrangement of Block Number Five (5), Unit Two of Scenic Park, according to the map of said Re-arrangement recorded in Plat Book “F”, Page 381, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

Property Street Address: 2518 Montezuma Dr, Gadsden, AL  35904

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.

Wells Fargo Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

303943

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage from Boys & Girls Club of Northeast Alabama, Inc., an Alabama corporation, to Community Credit Union (now known as WinSouth Credit Union) on the 14th day of November, 2007, said mortgage being recorded as Instrument No. 3283735 in the Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 1st day of November, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:

Parcel I:  Lots 14-56 in Parcel 5 of the Cone Mills Corporation, according to the map thereof recorded in Plat Book “F”, Pages 51¬-65, Probate Office, Etowah County, Alabama, plus all of the annulled Moody Avenue that abuts said lots, save and except that property described as follows: Commence at the SE corner of Lot 42 of Parcel 5 of Cone Mills Corporation recorded in Plat Book “F”, Page 59, and run North 10° 14’ West along the West R/W line of Black Creek Road a distance of 241.47 feet to the point of beginning; thence deflect 77° 41’ left and run in a Westerly direction a distance of 679.9 feet to a point; thence deflect 87° 57’ right and run in a Northerly direction a distance of 180 feet to a point: thence deflect 91° 19’ right and run in an Easterly direction a distance of 646.7 feet to a point in the West R/W line of Black Creek Road; thence deflect 78° 51’ 50” right and run in a Southeasterly direction along said West R/W line a distance of 193.33 feet to the point of beginning.  Said parcel or tract lying in and being a part of Lots 14-23 and Lots 31-41 and a part of an annulled 20’ alley running from Black Creek Road to Perkins Street North of Moody Avenue in Parcel 5 of Cone Mills Corporation recorded in Plat Book “F”, Page 59, Probate Office, Etowah County, Alabama. 

Parcel II:  Beginning at the point of intersection of the North line of the SW ¼ of the SE ¼ of Section 11, Township 12 South, Range 6 East and the Eastern boundary of Park Avenue in Gadsden, Etowah County, Alabama, run in a Southerly direction, South 09 degrees 04 minutes 32 seconds West, along the Eastern boundary of Park Avenue 127.89 feet to its intersection with the Northeast boundary of Litchfield Avenue; thence run South 40 degrees 73 minutes 43 seconds East a distance of 125.63 feet to a point; thence run North 46 degrees 59 minutes 13 seconds East a distance of 88.09 feet to a point; thence run North 27 degrees 50 minutes 06 seconds East a distance of 183.32 feet to a point on the North line of the SW ¼ of the SE ¼ of 11-12-6; thence run South 90 degrees West, along said North line a distance of 210.98 feet to the point of beginning and being a portion of the SW ¼ of the SE ¼ of Section 11, Township 12 South, Range 6 East in 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.

CODY D. ROBINSON

Brunson, McGill & Robinson Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that mortgage dated September 30, 2004, in favor of BancorpSouth Bank, a corporation, and executed by Rayford Hartline, a single person, which mortgage is recorded October 4, 2004, in Doc#M-2004-4293, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on October 25, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:

Beginning at a point on the west line of Fractional Section 27-T-11-S-R-5-East, at a distance of 253 feet north of the southwest corner of said Section, and from thence, run North 89 degrees and 30 minutes east, a distance of 542 feet to a point 56 feet west of the centerline of the N.C.& StL. R.R.; Thence at right angles, North 30 minutes west, a distance of 565 feet to a point on the south side of the old Guntersville Road, thence south 40 degrees west and along the southeast side of the said Guntersville Road 154 feet to a turning point, thence South 64 degrees west, and along the southeast side of said public road, 495 feet to a point on the west line of the said Fractional Section 27-T-11-S-R-5-East, thence South along the west line of said Section, 239 feet and to the point of beginning; All in the Southwest Fractional Quarter of said Section 27-T-11-S-R-5-East and containing in all 5 acres, more or less, and which is more particularly described as all that part of the SW1/4 of Section 27, Township 11 South, Range 5 East in Etowah County, Alabama which lies South of Alabama Highway 77, west of the railroad right of way and 253 feet north of the South line of said section. (w2j33969)

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2013, and October 1, 2014,  subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, subject to road right of way easements to Etowah County in Book 563, Page 357, Book 766, Pages 49 and 51, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.

JONES AND MILWEE, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Shawn Floyd, and Leatha Marie Floyd, to ABN AMRO Mortgage Group, Inc., on the 6th day of October, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2005-4518; the undersigned CitiMortgage, Inc., as successor by merger with ABN AMRO Mortgage Group, 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 4, 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:

Commence at the Southeast corner of the Northwest Quarter of the Southwest Quarter of Section 14, Township 12 South, Range 7 East of Huntsville Meridian, Etowah County, Alabama, and run in a Northerly direction along the East line thereof, 682.00 feet to a point on the Northerly right of way line of Highway 278 East (80 foot right of way); thence run in a Westerly direction leaving said East line and along the Northerly line of said Right of way, 621.00 feet to an existing 3 inch pipe the Point of Beginning; thence run North 16 degrees 01 minutes 00 seconds East, leaving said Right of way 213.32 feet to a point; thence run North 89 degrees 00 minutes 09 seconds West, 72.94 feet to a point; thence run north 00 degrees 59 minutes 51 seconds East, 26.81 feet to a point; thence run South 89 degrees 00 minutes 09 seconds East, 80.13 feet to a point; thence run North 16 degrees 01 minutes 00 seconds East, 54.11 feet to an existing half inch steel rod; thence run North 80 degrees 34 minutes 19 seconds West, 149.97 feet to a point; thence run South 15 degrees 59 minutes 45 seconds West, 295.14 feet to an existing 3 inch pipe on the Northerly right of way of said highway; thence run South 80 degrees 33 minutes 26 seconds East, along said Right of way, 149.86 feet to the Point of Beginning. Said property being a portion of the Northwest Quarter of the Southwest Quarter, Section 14, Township 12 South, Range 7 East, Etowah County, Alabama.

Property Street Address:        5120 US Highway 278 E, 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.

CitiMortgage, Inc., as successor by merger with ABN AMRO Mortgage Group, Inc, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

263094

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Katie J. Stancil and husband, Edwin C. Stancil to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, MortgageAmerica, Inc. and Lender’s successors and assigns dated March 9, 2011, and Recorded in Instrument Number 3346995 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Central Mortgage Company by instrument recorded in Instrument Number 3392162 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 November 7, 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: 

COMMENCE AT THE NORTHWEST CORNER OF LOT EIGHT (8), BLOCK FORTY-FIVE (45), BELLEVUE HIGHLANDS 1ST ADDITION, AS RECORDED IN PLAT BOOK “B”, PAGE 286, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, THENCE RUN EAST ALONG THE NORTH LINE OF SAID LOT EIGHT (8), 10.00 FEET TO A POINT, SAID POINT THE POINT OF BEGINNING, THENCE FROM SAID POINT OF BEGINNING, DEFLECT 51 DEGREES, 27 MINUTES TO THE RIGHT AND RUN IN A SOUTHEASTERLY DIRECTION 155.33 FEET TO THE SOUTHEAST CORNER OF LOT NINE (9), BLOCK FORTY-FIVE (45), THENCE RUN IN A NORTHEASTERLY DIRECTION ALONG THE SOUTH LINE OF LOTS TEN (10), ELEVEN (11), AND TWELVE (12), BLOCK FORTY-FIVE (45), 150.0 FEET TO THE SOUTHEAST CORNER OF LOT TWELVE (12), BLOCK FORTY-FIVE (45), THENCE RUN NORTHEASTERLY ALONG THE EAST LINE OF SAID LOT TWELVE (12), A DISTANCE OF 140.0 FEET TO THE NORTHEAST CORNER THEREOF, THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG THE NORTH LINE OF LOTS EIGHT (8), NINE (9), TEN (10), ELEVEN (11), AND TWELVE (12), BLOCK FORTY-FIVE (45), A DISTANCE OF 168.70 FEET TO THE POINT OF BEGINNING OF THE ABOVE DESCRIBED TRACT OF LAND EMBRACING A PORTION OF LOTS EIGHT (8) AND NINE (9), AND ALL OF LOTS TEN (10), ELEVEN (11) AND TWELVE (12), BLOCK FORTY-FIVE (45), BELLEVUE HIGHLANDS 1ST ADDITION, AS RECORDED IN PLAT BOOK “B”, PAGE 286, PROBATE OFFICE ETOWAH COUNTY, ALABAMA.    

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

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

Central Mortgage Company

Mortgagee 

William S. McFadden 

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

718 Downtowner Blvd.

Mobile, AL  36609

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Stephen E. Ray, and wife Judy D. Ray, to ABN AMRO Mortgage Group, Inc., on the 26th day of May, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3247933; the undersigned CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, 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 4, 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 six (6) of the Karaway Hills Subdivision as recorded in Plat Book I, Page 25 and 26, 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.

CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, Inc., Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

298268

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

DEFAULT HAVING BEEN MADE IN THE PAYMENT OF THE INDEBTEDNESS SECURED BY THAT CERTAIN MORTGAGE EXECUTED ON APRIL 30, 2009 BY ROBERT A. WESTON, AN UNMARRIED MAN, ORIGINALLY IN FAVOR OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR PHH MORTGAGE CORPORATION D/B/A ERA MORTGAGE, AND RECORDED IN INSTRUMENT #3312931 ON MAY 5, 2009, AND MODIFIED IN MORTGAGE MODIFICATION AGREEMENT INSTRUMENT #3322808 11/6/2009, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA. 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 OCTOBER 29, 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 NUMBER 28 OF WILDFLOWER ESTATES, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK I, PAGE 165, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, LYING AND BEING IN ETOWAH COUNTY, ALABAMA.

LESS AND EXCEPT:

THE SOUTHEAST 0.5 FEET OF LOT NUMBER TWENTY-EIGHT (28) OF WILDFLOWER ESTATES, AS RECORDED IN PLAT BOOK “I”, PAGE 165, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA 

FOR INFORMATIONAL PURPOSES ONLY, THE PROPERTY ADDRESS IS: 5110 HONEYSUCKLE LANE, GADSDEN, AL 35907.  THIS SALE IS MADE FOR THE PURPOSE OF PAYING THE INDEBTEDNESS SECURED BY SAID MORTGAGE, AS WELL AS THE EXPENSES OF FORECLOSURE.  FURTHERMORE, THE PROPERTY TO BE OFFERED PURSUANT TO THIS NOTICE OF SALE IS BEING OFFERED FOR SALE, TRANSFER AND CONVEYANCE AS IS, WHERE IS. NEITHER THE MORTGAGEE, NOR THE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVE OF THE MORTGAGEE MAKE ANY REPRESENTATION OR WARRANTY RELATING TO THE TITLE OR ANY PHYSICAL, ENVIRONMENTAL, HEALTH OR SAFETY CONDITIONS EXISTING IN, ON, AT OR RELATING TO THE PROPERTY OFFERED FOR SALE.  ANY AND ALL RESPONSIBILITIES OR LIABILITIES ARISING OUT OF OR IN ANY WAY RELATING TO ANY SUCH CONDITION, INCLUDING THOSE SUGGESTED BY CODE OF ALA. (1975) § 35-4-271, EXPRESSLY ARE DISCLAIMED.  THIS SALE IS SUBJECT TO ALL PRIOR LIENS AND ENCUMBRANCES AND UNPAID TAXES AND ASSESSMENTS INCLUDING ANY TRANSFER TAX ASSOCIATED WITH THE 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.

PHH MORTGAGE CORPORATION, AND ITS SUCCESSORS AND ASSIGNS

MORTGAGEE OR TRANSFEREE

Oct 4, 11 & 18, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Quanitta McCraney, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Homecomings Financial Network, Inc., on the 7th day of April, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc # M-2004, Page 1453; said mortgage having subsequently been transferred and assigned to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RASC 2004-KS5, by instrument recorded in Instrument Number 3355988, in the aforesaid Probate Office; the undersigned The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RASC 2004-KS5, 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 September 9, 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:

Beginning at a point on the North side of the Tidmore Bend Road, which said point is 377 feet West of the Almeta Berry Lot (owned by P.W. Marshall), run North 2 degrees 30 minutes West parallel to the line of said Almeta Berry Lot a distance of 209 feet to a point, thence run in a Westerly direction parallel to the Tidmore Bend Road a distance of 175 feet to a point; thence run in a Southerly direction parallel to the East line a distance of 209 feet to the North side of Tidmore Bend Road; thence run in an Easterly direction a distance of 175 feet along the North side of said Tidmore Bend Road to the beginning point, said property lying and being in Etowah County, Alabama, and embracing that same description as shown by that certain warranty deed dated June 22, 1940, from J.W. Madison and wife Will Ellen Madison, to John Webster Madison, Jr., and Myrtle Tolleson Madison, as recorded in Record Book “6-C”, at Page 360, Probate Office of Etowah County, Alabama, and that certain deed from John Webster Madison, Jr., and wife Myrtle Tolleson Madison, to W.R. Chambless, as recorded in Record Book “1021”, at Page 93, Probate Office of Etowah County, Alabama, which said parcel of land being a portion of the Southeast Quarter of the Southwest Quarter,  Section Thirty-six (36), Township Eleven (11) South of Range Six (6), East of Huntsville Meridian, Etowah County, Alabama, and being a portion of lot number Four (4) of what is known as the Sansom Green Lands, and lying and being in Etowah County, Alabama. 

Property Street Address:        1208 Tidmore Bend Road, 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.

The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RASC 2004-KS5, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

152627

The above mortgage foreclosure sale has been postponed until 11/18/2013 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Oct 4, 2013

_____________NOTICE TO

FILE CLAIMS

HARLENE B. MABREY, appointed Personal Representative (s) on August 6, 2013, Estate of ALLEN GLENN MABREY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 20, 27 & Oct 4, 2013

_____________NOTICE TO

FILE CLAIMS

SARA H. MCCLENDON, appointed Personal Representative (s) on September 4, 2013, Estate of LOUIE E. MCCLENDON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 20, 27 & Oct 4, 2013

_____________NOTICE TO

FILE CLAIMS

MARIE S. WHITAKER, appointed Personal Representative (s) on September 4, 2013, Estate of JOHN RILE WHITAKER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 20, 27 & Oct 4, 2013

_____________NOTICE TO

FILE CLAIMS

LISA M. DRUM, appointed Personal Representative (s) on August 28, 2013, Estate of STEVEN ROLAND WILLIAMS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 20, 27 & Oct 4, 2013

_____________NOTICE TO

FILE CLAIMS

LINDA C. TISKA, appointed Personal Representative (s) on August 29, 2013, Estate of KENNETH ROBERT DUGDALE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 20, 27 & Oct 4, 2013

_____________NOTICE TO

FILE CLAIMS

AMANDA GUYTON, appointed Personal Representative (s) on August 20, 2013, Estate of DAVID GERALD GUYTON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 20, 27 & Oct 4, 2013

_____________ NOTICE TO

FILE CLAIMS

JERRY ANN SHOULTER, appointed Personal Representative (s) on August 21, 2013, Estate of JAMES PETER SHOULTER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

WARREN OLSEN, appointed Personal Representative (s) on September 17, 2013, Estate of ELIZABETH ROSS BARCLAY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

LANCE MCCALLIE, appointed Personal Representative (s) on September 11, 2013, Estate of DAVID MCCALLIE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

STEVEN G. MCDANIEL AND GARY A. MCDANIEL, appointed Personal Representative (s) on September 17, 2013, Estate of NINA A. MCDANIEL, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

LISA KIM HARCROW, appointed Personal Representative (s) on September 13, 2013, Estate of BETTY KLEPSIG, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

WILLIAM H. DENNY, appointed Personal Representative (s) on August 2, 2013, Estate of BELINDA DIANE DENNEY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

JASON LAWRENCE BURRELL, appointed Personal Representative (s) on August 29, 2013, Estate of PATRICIA A. BURRELL, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

DONNA MICHELLE BECK ATTAWAY, appointed Personal Representative (s) on September 6, 2013, Estate of VERA BELLE DAVENPORT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

LINDA F. BRIGHT, appointed Personal Representative (s) on September 11, 2013, Estate of COLLINE P. RICHARDS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

JUSTIN H. WILLIAMS, appointed Personal Representative (s) on September 13, 2013, Estate of PATSY ANNE EVANS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________ NOTICE TO

FILE CLAIMS

JOHN EDWARD BENTLEY appointed Personal Representative (s) on August 20, 2013 Estate of JAMES J. BENTLEY, 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 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

JONA DUNCAN appointed Personal Representative (s) on August 15, 2013 Estate of EDITH LILA WOOD LITTLE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

JOHN EDWARD BENTLEY appointed Personal Representative (s) on August 20, 2013 Estate of JUANITA C. BENTLEY, 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 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

SUSAN WELLS appointed Personal Representative (s) on September 23, 2013 Estate of ROBERT WELLS, 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 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

KATHY OWENS appointed Personal Representative (s) on September 18, 2013 Estate of GEORGE MELVIN GLENN, 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 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

CHRISTOPHER SCOTT JONES & KIMBERLY NICHOLE TANNER appointed Personal Representative (s) on September 18, 2013 Estate of BRENDA JOYCE JONES, 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 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

FIONA NELSON appointed Personal Representative (s) on September 13, 2013 Estate of EDWARD WAYNE 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

Oct 4, 11 & 18, 2013

_____________ NOTICE TO

FILE CLAIMS

MELISSA G. MOORE appointed Personal Representative (s) on September 20, 2013 Estate of DAVID MICHAEL GREEN, 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 4, 11 & 18, 2013

_____________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Barclay Contacting, Inc., Contractor, has completed the Contract for Construction of Renovations to the Etowah County Tourism Board, 90 Walnut Street, Gadsden, Alabama for Etowah County Tourism Board & Visitors Center, Gadsden, Alabama, Owner, 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: McElrath & Oliver Architects, P. C., 402 Duncan Street, Gadsden, AL 35901

Barclay Contracting, Inc

P. O. Box 1638

Gadsden, AL 35902

Sept 13, 20, 27 & Oct 4, 2013

_____________ LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Dixie Store Fixtures & Sales Co., Inc., Contractor, has completed the Contract for Replacement of Walk in Freezer  -  Cooler at Inzer Cafeteria – Gadsden State Community College for the State of Alabama and the City of Gadsden, 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 McElrath & Oliver Architects, PC, phone 256-546-6476.

Dixie Store Fixtures & Sales Co Inc.

2425 First Ave North

Birmingham, AL 35203

Sept 20, 27, Oct 4 & 11, 2013

_____________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-7621

In Re: Mary A. Campbell

To: unknown relatives, addresses unknown

NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Mary A. Campbell, was filed in my office for Probate by the Department of Human Resources, and the 22nd day of October, 2013 at 11:00 a.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-7619

TO: Vickie Dunn Lipscomb

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 Barbara A Dunn, deceased, 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 29th day of October, 2013, at 11:00 a.m., when said petition will be heard and to show case, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Barbara A. Dunn, 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 16th day of September, 2013.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4 & 11, 2013

_____________

LEGAL NOTICE

NOTICE TO: CHERYL LYNN SPENCER LYNCH

THE HEIRS AT LAW AND NEXT OF KIN OF EDWARD HOWARD SPENCER

CASE NUMBER S-7623

A Petition to Probate the Last Will and Testament of Edward Howard Spencer shall be heard on 29th day of October, 2013, at 2:30 p.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4, 11 & 18, 2013

_____________

LEGAL NOTICE

NOTICE TO:

Miranda S. Gladden and Walter Dale Madrie, Addresses Unknown

A complaint has been filed in the Circuit Court of Etowah County, Alabama, styled Alabama Teachers Credit Union, Plaintiff v. Miranda S. Gladden and Walter Dale Madrie, Defendants, bearing case # CV2013-000066-DAK, to quiet title to property located at 200 Spinks Drive, Hokes Bluff, Alabama.  

If defendants wish to contest this action, they must file a written answer within thirty (30) days from the date of service with the Circuit Clerk of Etowah County, Alabama, with a copy of said answer being served upon DANA L. RICE, Attorney for Plaintiff, at P. O. Box 8345, Gadsden, AL  35902, or thereafter a judgment by default may be entered against said defendant.

DAVID A. KIMBERLEY, CIRCUIT JUDGE

Sept 27, Oct 4, 11 & 18, 2013

_____________NOTICE OF

ACTION

Nicole Alexis Vasquez must answer Robert Gordon Hamilton’s Complaint in Case Number CV-2012-424-WHR in the Etowah County Circuit Court, by November 4, 2013, or, thereafter, the relief requested against her may be granted.

Cassandra Johnson

Circuit Clerk

Sept 6, 13, 20 & 27, 2013

_____________NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF BERRY BRUCE CAMPBELL AND STEPHANIE ANN CAMPBELL

A-692 & A-693

NOTICE OF ADOPTION TO HECTOR DANIEL RUBIO AND ANY AND ALL UNKNOWN OR UNDISCLOSED PARENTS OF CHILDREN BORN TO NICOLE FELICIA SMITH

NOTICE TO: HECTOR DANIEL RUBIO AND ANY AND ALL UNKNOWN FATHERS, UNKNOWN ADDRESS.

You will take notice that a Petition for the Adoption of minor children born to Nicole Felicia Smith, natural mother, was filed on the 15th day of August, 2013, alleging that the address of Hector Daniel Rubio is unknown and the identity of the natural father of said minor children are unknown and has not been disclosed to the court, and whose relationship of said unknown or undisclosed natural fathers to the aforesaid minor children are that of putative father. Minor child’s birth date is August 30, 2009 and November 11, 2012.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (3) days of the date of the last publication herein (with Kenneth P. Robertson, whose name and address is shown below, and) with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 107, Gadsden, AL 35901.

This the 11th day of September, 2013.

Kenneth P. Robertson

926 Third Avenue

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Sept 20, 27, Oct 4 & 11, 2013

_____________

PUBLICATION ON

ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, AL

CASE NO.: A-694

IN THE MATTER OF: THE ADOPTION OF KYLE GRACE MOORE

NOTICE TO THE BIRTH MOTHER, KATIE LEIGHANN MOORE, AND TO ANY UNKNOWN OR UNDISCLOSED PARENT OF KYLIE GRACE MOORE, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.
You will take notice that a Petition for the Adoption of Kylie Grace Moore, born to Katie LeighAnn Moore, Natural Mother, was filed on the 22nd day of August, 2013, alleging that the whereabouts of the mother are not known and that the identity of the natural father is unknown or has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor child’s birth date is 01/10/07.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein (with Robert M. Echols, Jr., whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, Alabama 3592.

DONE this 16th day of September, 2013.

Bobby M. Junkins

Judge of Probate

Sept 27, Oct 4, 11 & 18, 2013

_____________

NOTICE OF

DIVORCE

ACTION

DOUGLAS CYRIL MCCAY, JR.,

PLAINTIFF,

VS.

MELANIE JOE MCKAY,

DEFENDANT

Melanie Joe McKay, whose whereabouts is unknown, must answer the complaint of Brent James Whitman, seeking a divorce and other relief by October 30, 2013 or thereafter a judgment by default may be rendered against her.

Cassandra Johnson

Circuit Clerk

Sept 27, Oct 4, 11 & 18, 2013

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

Required by 39 USC 3685

(1) Publication Title: The Messenger Newspaper

(2) Publication Number: 011757

(3) Filing Date: September 25, 2013

(4) Issue Frequency: Weekly

(5) Number of issues Published Annually: 52

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

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

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

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

(10) Owner: The Messenger, LLC

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

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

(13) Publication Title: The Messenger Newspaper

(14) Issue Date for Circulation Data Below: October 4, 2013

(15) Extent and Nature of Circulation: General

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

a. Total Number of Copies (net press run) 6700/6500 b. Paid and/or Requested Circulation: (1) Mailed Outside-County Paid Subscription Stated on PS Form 3541 234/234 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 1099/1099 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 5167/4967 (4) Paid Distribution by Other Classes of Mail Through The USPS 59/61 c. Total Paid Distribution 6559/6361 d. Free or Nominal rate Distribution (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0/0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 0/0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS 100/100 (4) Free or Nominal Rate Distribution Outside the Mail 0/0 e. Total Free or Nominal rate Distribution 100/100 f. Total Distribution 6659/6461 g. Copies not Distributed 41/39 h. Total 6700/6500 i. Percent Paid 98.49/98.45. Not applicable 17. Publication of Statement of Ownership Printed in the October 4, 2013 publication.

Signed on September 25, 2013, Chris McCarthy, Publisher

_____________

NOTICE OF

VEHICLE

POSSESSION

Pursuant to the provisions of Alabama Abandoned Motor Vehicles Act: Section 21-13-4 Code of Alabama 1975, notice is hereby given to the owners, lienholders and other interested parties that the following described vehicles were taken into custody by Hammett Towing to wit:

2001 Chevrolet Silverado 6.6 Turbo Diesel VIN# 1GCHK 23151F153 730

1985 Chevrolet Caprice VIN# 1G1BN 69H1FY17 2627

Will be sold at public outcry to the highest bidder for cash at 200 4th Street N.W. Attalla, AL on October 18, 2013 at 8:00 a.m. The seller shall have the right to reject any and all bids if in the opinion of the Seller, the bid is unreasonably low. Call Hammett Towing at 256-613-8499 to make arrangements to view any vehicle prior to the date of the auction.

Hammett Towing

240 Wesson Lake Rd

Attalla, AL 35954

Sept 27 & Oct 4, 2013

_____________

NOTICE OF

VEHICLE

POSSESSION

Pursuant to the provisions of Alabama Abandoned Motor Vehicles Act: Section 21-13-4 Code of Alabama 1975, notice is hereby given to the owners, lienholders and other interested parties that the following described vehicles were taken into custody by S & S Auto & Tire to wit:

2003 Chevrolet Tahoe K15 VIN# 1GNEK 13Z73 R144104

Will be sold at public outcry to the highest bidder for cash at 200 4th Street N.W. Attalla, AL on October 18, 2013 at 8:00 a.m. The seller shall have the right to reject any and all bids if in the opinion of the Seller, the bid is unreasonably low. Call S &S Tire & Auto at 256-438-1468 to make arrangements to view any vehicle prior to the date of the auction.

S & S Auto & Tire

1880 US Hwy 431

Attalla, AL 35954

Sept 27 & Oct 4, 2013

_____________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on November 4, 2013 for charges due.

2005 Freight Liner VIN# 1FUJBB CG45LU 37680

East Meighan Auto Sales

2805 E. Meighan Blvd

Gadsden, AL 35903

Sept 27 & Oct 4, 2013

 
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