Legal Notices for the week of Oct. 11 - Oct. 17, 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 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

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by David Ray and wife, Amanda Ray, to Alabama Teachers Credit Union on the 12th day of February, 2009, said mortgage being recorded at Instrument #: 3308807, 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 the 4th day of November, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:

Lots Number Forty-four (44) and Forty-five (45) in Country Club Hills, according to the map thereof recorded in Plat Book “E”, Page 95, and as amended by map of re-arrangement, recorded in Plat Book “E”, Page 131, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama; LESS AND EXCEPT those portions described in deed recorded in Book 663, Page 129 and further described in Book 1503, Page 187, 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.

Alabama Teachers Credit Union

BY: /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

Oct 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 BENNY LEE BLAYLOCK and STEPHANIE JANE BLAYLOCK, husband and wife, as Mortgagor(s) to Union Planters Bank, National Association, as Mortgagee, dated the 24th day of January, 2003, and recorded in Doc. # M-2003-0451, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE by instrument recorded in said Probate Court records;  said default continuing, notice is hereby given that the under¬signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 14th day of November, 2013, in the city of Gadsden, at the front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:

Lot #42, Block #44, Garden City, Residential Subdivision #2, according to the map or plat recorded in Plat Book “C”, Pages 410-411, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama.

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

Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage.

WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE

Holder of said Mortgage

Goodman G. Ledyard

PIERCE LEDYARD, P.C.

Attorneys for Mortgagee

Post Office Box 161389

Mobile, Alabama  36616

(251) 338-1300

Oct 11, 18 & 25, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Scott  L. Wilson and Melissa  A. Wilson, his wife, to Regions Mortgage, Inc, on the 29th day of April, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2003-2169; said mortgage having subsequently been transferred and assigned to EverBank, by instrument recorded in Instrument Number 3300027, in the aforesaid Probate Office; the undersigned EverBank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 16, 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:

Commencing at a 1/2 inch pipe at the Northeast corner of the Southeast quarter of the Southwest Quarter of Section 23, Township 10 South, Range 5 East. Thence North 89 degrees 16 minutes 00 seconds West 1263.47 feet to a 5/8 inch rebar on the East boundary of Walter Whitt Road. Thence South 00 degrees 11 minutes 56 seconds West along said road boundary 41.80 feet to the point of beginning for the property herein described. Thence continue South 00 degrees 11 minutes 56 seconds West along said road boundary 159.72 feet to a 5/8 inch rebar on the Northern boundary of Cox Gap Road; Thence South 72 degrees 19 minutes 43 seconds East along the Northern boundary of Cox Gap Road 26.91 feet to a 1/2 inch rebar; thence continue along the northern boundary of Cox Gap Road and along a curve to the right having a radius of 700.13 feet, an arc length of 179.75 feet and a chord bearing and distance of South 64 degrees 58 minutes 21 seconds East 179.26 feet to a 1/2 inch rebar; thence leaving said road boundary North 43 degrees 36 minutes 29 seconds East 53.60 feet to a 1/2 inch rebar. Thence North 31 degrees 02 minutes 07 seconds West 251.85 feet to a 1/2 inch rebar. Thence South 83 degrees 26 minutes 01 second West 95.26 feet to the point of beginning. Property being in Etowah County, Alabama. 

Property Street Address:   5290 Cox Gap Road, Boaz, AL  35956

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

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

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

This sale is subject to postponement or cancellation.

EverBank, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

216197

Oct 11, 18 & 25, 2013

_____________ MORTGAGE

FORECLOSURE SALE

ALABAMA, ETOWAH COUNTY 

Default having been made pursuant to the terms of that certain mortgage executed by Daniel B. Stewart Jr. and Suzi Stewart, husband and wife, joint tenants and to Mortgage Electronic Registration Systems, Inc., solely as nominee for Southeastern Financial, Inc., dated December 11, 2003, said mortgage being recorded in Instrument No. M-2003-6379 in the Office of the Judge of Probate of Etowah County, AL. Said Mortgage was last sold, assigned and transferred to Federal National Mortgage Association (“FNMA”). Federal National Mortgage Association (“FNMA”), under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, AL during the legal hours of sale, on November 7, 2013 the following real estate, situated in Etowah County, AL, to-wit: Lot number Twenty (20) in Dogwood Acres, Second Addition, according to the map or plat thereof recorded in Plat Book “I”, page 60, Probate Office, Etowah County, Alabama. Said property is commonly known as 322 MAY ST, RAINBOW CITY, AL 35906  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 Daniel B. Stewart Jr. and Suzi Stewart, husband and wife, joint tenants or tenant(s). RCO Legal, P.S. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192

Oct 11, 18 & 25, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 16, 2002, executed by Mary K. Lewis, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for America’s Wholesale Lender, which mortgage was recorded on September 19, 2002, in Doc No. M-2002-4290, 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 November 12, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:

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

Lot Number Eight (8) in Block Six (6), lying and being in the Penn, Wood and White Addition to the Town of Attalla, Alabama in Etowah County, Alabama, as recorded in Plat Book A, Page 133 together with all improvements located thereon, Mineral and mining rights reserved.

Green Tree Servicing LLC

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Oct 11, 18 & 25, 2013

_____________ MORTGAGE

FORECLOSURE SALE

ALABAMA, ETOWAH COUNTY 

Default having been made pursuant to the terms of that certain mortgage executed by Roosevelt Maiden, Sr. and wife, Mary A. Maiden who took title as Mary Garner and to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for The Southern Bank Company its successors and assigns, dated May 25, 2005, said mortgage being recorded in Book  Instrument No. M-2005-2271 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: LOT NUMBER EIGHTEEN (18) IN BLOCK NUMBER TEN (10) OF GOODYEAR HIGHLANDS, ACCORDING TO THE MAP OR PLAT BOOK “C”, PAGE82, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA.  Said property is commonly known as 422 TAYLOR 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 Roosevelt Maiden, Sr. and wife, Mary A. Maiden who took title as Mary Garner or tenant(s). RCO Legal, P.S. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192

Oct 11, 18 & 25, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Chandra E. Phillips, a single woman, to Alabama Teachers Credit Union on the 8th day of January, 2008, said mortgage being recorded at Instrument #3286871, Mortgage Records, 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, 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 the 4th day of November, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Six (6) in Block Number Two (2) in Mountain Brook Addition, according to the map or plat thereof as the same appears of record in Plat Book “D”, Page 199, Probate Office, Etowah County, Alabama, and lying and being in the City of Gadsden, 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.

Alabama Teachers Credit Union

BY:/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

Oct 11, 18 & 25, 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

_____________NOTICE TO

FILE CLAIMS

AMY CLARK appointed Personal Representative (s) on September 27, 2013 Estate of KATHY O. TULLIS, 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 11, 18 & 25, 2013

_____________NOTICE TO

FILE CLAIMS

PAMELA VISE appointed Personal Representative (s) on September 25, 2013 Estate of MACK DOUGLAS LYONS, 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 11, 18 & 25, 2013

_____________

NOTICE TO

FILE CLAIMS

CHRISTA L. SIMPSON MADDOX appointed Personal Representative (s) on October 1, 2013 Estate of JOE H. SIMPSON, 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 11, 18 & 25, 2013

_____________ NOTICE TO

FILE CLAIMS

KELLI BODE AND SHELLI LANGDALE appointed Personal Representative (s) on September 27, 2013 Estate of EDWARD CLARK LATIMER, 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

Oct 11, 18 & 25, 2013

_____________ NOTICE TO

FILE CLAIMS

PAUL THOMAS appointed Personal Representative (s) on September 26, 2013 Estate of BENJAMIN F. ESTES, 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 11, 18 & 25, 2013

_____________ NOTICE TO

FILE CLAIMS

PAUL THOMAS appointed Personal Representative (s) on September 26, 2013 Estate of ALMEDA B. ESTES, 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 11, 18 & 25, 2013

_____________ NOTICE TO

FILE CLAIMS

VERONICA DENISE LUMPKIN appointed Personal Representative (s) on September 18, 2013 Estate of RODNEY CLIVE LUMPKIN, 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 11, 18 & 25, 2013

_____________ NOTICE TO

FILE CLAIMS

JEAN SMART RODGERS appointed Personal Representative (s) on September 27, 2013 Estate of VESTER TYLER RODGERS, 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 11, 18 & 25, 2013

_____________ NOTICE TO

FILE CLAIMS

GLENDA KAYE PULLEN appointed Personal Representative (s) on September 27, 2013 Estate of RONALD RAY PULLEN, 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 11, 18 & 25, 2013

_____________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to DORIS F. BENNEFIELD and DON BENNEFIELD believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 22ND,  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 402 HASTING STREET  in District 7 in the City of Gadsden, more particularly described as: 

Lot Number 3 in Block B in Fox’s Addition to Gadsden,  as recorded in Plat Book D, Pg 255, Probate Office, Etowah County Alabama, with all improvements located thereon; subject to those certain restictions set out in deed recorded in Deed Book 1141, page 313, Probate Office, Etowah County, Alabama 

is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.

Brian Harbison 

BUILDING OFFICIAL

City of Gadsden

P.O. Box 267

Gadsden, AL  35902

(256) 549-4529

Oct 11, 2013

_____________

NOTICE OF

PUBLIC

HEARING 

Notice is hereby given to ARTURO GONZALEZ, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 22nd, at 11:00 a.m., a hearing will be held to determine whether or not the property located at 3609 MEIGHAN BLVD. in District 7 in the City of Gadsden, more particularly described as:

Lots 11 and 12 in Block 4 of Elliott Park Addition to Alabama City, According to the map thereof recorded in Plat Book B, Page 119, Gadsden Probate Office, Etowah County Alabama

Should be assessed with a lien of $3,025.36   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

                                                      

Brian Harbison 

Building Official

City of Gadsden

P. O. Box 267

Gadsden, AL  35902

(205) 549-4529

Oct 11, 2013

_____________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to STATE OF ALABAMA, DEPARTMENT OF REVENUE, P.O. Box 327210, Montgomery, Al. 36132, QUIK FINANCE, INC., believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 22ND, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 907 S. 16TH STREET  in District 5 in the City of Gadsden, more particularly described as: 

Starting at the Southeast corner of Lot twelve (12) in Block two (2) of Elliott’s Addition number three (3) to the City of Gadsden, according to the map thereof as the same as recorded in Plat Book B, at Page 181 in the Probate Office, and running Northerly along the East line of said Lot twelve (12) a distance of fifty (50) feet to the point of beginning and running thence in a Westerly direction across lots tem (10), eleven (11) & twelve (12) and parallel with the South lines of said lots, all in said Block two (2), to a point on the West line of said lot ten (10) a distance of fifty (50) feet from the Southwest corner of said lot ten (10); thence Northerly along West line of lot ten (10) a distance of fifty (50) feet to a point, thence in an Easterly direction across said lots ten (10), eleven (11), & twelve (12) parallel with the South ends of said lots to a point on the East line of said lot twelve (12); thence in a Southerly direction along said East line fifty (50) feet to the point of beginning. The lot herein conveyed being the middle portions of Lots ten (10) and twelve (12).  Etowah County Alabama

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                     

Brian Harbison

BUILDING OFFICIAL

City of Gadsden

P.O. Box 267

Gadsden, AL  35902

(256) 549-4529

Oct 11, 2013

_____________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to PEGGY BRYAN JENKINS,  believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 22ND,  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 2109 HILL AVENUE in District 6 in the City of Gadsden, more particularly described as: 

              

Lot 14 in Block 1 in The Oak Park Addition to gadsden, according to the map thereof recorded in Plat Book B, Page 200, in the Office of Probate Judge of Etowah County, Alabama, together with all improvements thereon.

is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                            

Brian Harbison

BUILDING OFFICIAL

City of Gadsden 

P.O. Box 267

Gadsden, AL  35902

(256) 549-4529

Oct 11, 2013

_____________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, and HAROLD E. SCOTT, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 22ND, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1127 STILLMAN AVENUE  in District 1 in the City of Gadsden, more particularly described as: 

Lot Fourteen(14) in Block 37, Garden City Subdivision Number Two (2), according to the map thereof recorded in Plat Book C, Page 411, Probate office, Etowah County Alabama, and being a portion of Section 11, Township 12 South, Range 6 East, lying and being in Etowah County, Alabama

is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                      

Brian Harbison

BUILDING OFFICIAL 

City of Gadsden

P.O. Box 267

Gadsden, AL  35902

(256) 549-4529

Oct 11, 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

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

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

Case no. S-6884

In Re: The Estate of JOYCE ANNETTE ENICH, Deceased.

Notice to: Christopher Mathew Enich whose whereabouts are unknown but whose last known address was 230 Southeast 10th Street, Apt 106-B, Del Ray Beach, Florida 33483

You will hereby take notice that on this day came Patricia Lyn Walker, Personal Representative, and filed a Petition for Final Settlement in the Estate of Joyce Annett Enich, deceased.

You are hereby notified to appear before me, at my office in the Courthouse of said County, on the 19th day of November, 2013, at 3:30 o’clock p.m. when the Petition for Final Settlement in the Estate of Joyce Annette Enich, deceased, will be considered, and to show cause, if any, why Patricia Lyn Walker, should not be relieved to her duties as Personal Representative.

This the 3rd day of October, 2013 at Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Oct 11, 18 & 25, 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

_____________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on November 11, 2013 for charges due.

2004 Chevrolet Impala LS VIN# 2G1WH52 K049 134820

Timothy D. Sprayberry

3509 Forrest Ave

Gadsden, AL 35904

Oct 11 & 18, 2013

 
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