Legal notices for the week of Nov. 8 - Nov. 14

 _____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jessica K. Peterson and husband Charles L. Peterson and Richard Kim Lackey, a single man and Kevin Eric Lackey, a single man, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Metro Bank, on June 18, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 4444, Page 560; and modified by loan agreement dated 12/13/2007 and recorded in Book 4477, Page 623; and subsequently transferred and assigned to Mortgage Electronic Registration Systems, Inc. as nominee for Renasant Bank, and said assignment being recorded in Book 4478, Page 379; and subsequently transferred and assigned to CitiMortgage, Inc, and said assignment being recorded in Book 4703, Page 149; CitiMortgage, Inc, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on November 21, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing 1” solid iron marking the SW corner of the NW 1/4 of the SE 1/4 of Section 7, Township 13 South, Range 7 East, run North 00° 10` 39” East 371.50 feet to a capped ½“ rebar set (LS 27727), said rebar being the point of beginning; thence continue North 00° 10` 39” East 210.00 feet to a capped 1/2” rebar set (LS 27727); thence South 89° 49` 21” East 210.00 feet to a capped 1/2“ rebar set (LS 27727); thence South 00° 10` 39” West 210.00 feet to a capped 1/2“ rebar set (LS 27727); thence North 89° 49` 21” West 210.00 feet to the point of beginning. Said parcel containing 1.01 acres, more or less, and being a part of the NW 1/4 of the SE 1/4 of Section 7, Township 13 South, Range 7 East, Calhoun County, Alabama. 

Also, an easement for ingress and egress to the above property described in instrument from Lester Frissell and Thelma N. Edgar to William G. Wyatt and Barbara N. Wyatt, dated July 14, 1978 and recorded in Book 1481, Page 696 in the Probate Office of Calhoun County, Alabama. 

Also, an easement for ingress and egress, being 20 feet in width, the centerline of said easement being described as follows: Commencing at an existing 1“ solid iron marking the SW corner of the NW 1/4 of the SE 1/4 of Section 7, Township 13 South, Range 7 East, run North 00° 10` 39” East 581.50 feet to a capped l/2” rebar set (LS 27727); thence South 89° 49` 21” East 210.00 feet to a capped 1/2” rebar set (LS 27727); thence South 00° 10` 39” West 13.84 feet to the point of beginning; thence South 87°21`29” East 107.09 feet to a point; thence South 70° 13` 27” East 91.80 feet to a point; thence South 85° 33` 24” East 73.61 feet to a point; thence South 49° 39` 50” East 50.93 feet to a point; thence South 36° 35` 11” East 52.13 feet to a point; thence South 31° 19` 43” East 113.10 feet to a point; thence South 21° 34` 58” East 112.69 feet to a point; thence South 33° 27` 47” East 50.90 feet to a point; thence South 51° 43` 54” East 53.35 feet to a point; thence South 39° 20` 41” East 11l.44 feet to a point; thence South 47° 13` 26”

East 107.56 feet to the end of said easement.

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

CitiMortgage, Inc

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Oct 25, Nov 1 & 8, 2013

_____________ MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Clark V. Stewart and Daphne Martin Stewart, husband and wife, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Federal Bank, on the 26th day of November, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3284233; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in Instrument Number 3382957, 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 November 18, 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 54 in the 4th Addition to Monte Vista, Gadsden, Alabama, as recorded in Plat Book “G”, Page 123, Probate Office, Etowah County, Alabama.

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

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

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

This sale is subject to postponement or cancellation.

JPMorgan Chase Bank, National Association, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

294213

Oct 25, Nov 1 & 8, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Jason Robinson to G & M Homes, LLC, dated April 22, 2013, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3384377; the undersigned mortgage owner, G & M Homes, LLC, 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 26th day of November, 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:

All the following described real estate situated in Etowah County, Alabama, to wit:  A lot or parcel beginning at the SE corner of Lot 58 in India Sutherlin Estate, running North 150.00 feet along the East line of said lot; thence West 90.00 feet; thence South 150.00 feet; thence East 90.00 feet to the point of beginning, according to the map or plat thereof recorded in Plat Book “C”, Page 311, Probate Office, Etowah County, Alabama; lying and being in Gadsden, Etowah County, Alabama. 

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

G & M Homes, LLC

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Oct 25, Nov 1 & 8, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Norman Cole and wife Sharion Cole, to Superior Financial Services, LLC, on the 25th day of June, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3273818; said mortgage having subsequently been transferred and assigned to Cadence Bank, National Association, by instrument recorded in , in the aforesaid Probate Office; the undersigned Cadence Bank, National Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 2, 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:

Lots numbers Thirty nine (39) and (40) in Block “B” in Stroud’s first subdivision to East Gadsden, according to the map or Plat thereof recorded in Plat Book “B”, Pages 84 and 85, Probate Office, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located  thereon, subject to whatever rights the Alabama Mineral Land Company, or anyone claiming through it, may have in and to the minerals, mineral and mining rights, privileges and interest in, under and upon the foregoing described property.

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, National Association, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

299840

Oct 25, Nov 1 & 8, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Antonin D. Vorak Watson and wife, Carrie Paulding Watson, to CitiFinancial Corporation, LLC, on February 4, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument No., 3288221; CitiFinancial Servicing, LLC, successor by merger with CitiFinancial Corporation, 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, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on December 4, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number five (5) in Mountain Creek Subdivision, as recorded in Plat Book J, Page 89, Probate Office, Etowah County, Alabama.

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

CitiFinancial Servicing, LLC, successor by merger with CitiFinancial Corporation, LLC

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Oct 25, Nov 1 & 8, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Will R. Deerman, single, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for HOMEOWNERS MORTGAGE OF AMERICA, INC, as Mortgagee, dated the 11th day of July, 2009, and recorded in Instrument #3317493, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to Nationstar Mortgage, LLC 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 21st 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:

COMMENCE AT THE N.E. CORNER OF THE S.E. ¼ OF THE S.E. ¼ OF SECTION 15, T-11S, R-6E, THENCE N 83 DEGREES 58 MINUTES 35 SECONDS WEST AND ALONG THE NORTH LINE OF SAID ¼ A DISTANCE OF 312.39 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING, THENCE SOUTH 34 DEGREES  03 MINUTES 51 SECONDS EAST A DISTANCE OF 321.87 FEET TO A POINT IN THE NORTHERLY LINE OF LAY SPRINGS ROAD, THENCE SOUTH 66 DEGREES 47 MINUTES 32 SECONDS WEST AND ALONG SAID NORTHERLY LINE A DISTANCE OF 424.91 FEET, THENCE NORTH 20 DEGREES 55 MINUTES 32 SECONDS WEST A DISTANCE OF 49.99 FEET, THENCE SOUTH 83 DEGREES 34 MINUTES 35 SECONDS WEST A DISTANCE OF 575.98 FEET, THENCE NORTH 15 DEGREES 46 MINUTES 00 SECONDS WEST A DISTANCE OF 560.31 FEET TO A POINT IN THE NORTH LINE OF SAID 1/4, THENCE SOUTH 83 DEGREES 50 MINUTES 35 SECONDS EAST AND ALONG SAID NORTH LINE A DISTANCE OF 963.63 FEET TO THE POINT OF BEGINNING, SAID LANDS CONTAINING 9.77 ACRES MORE OR LESS, AND LYING IN THE S.E. ¼ OF THE S.E. ¼ OF SECTION 15, T-11S, R-6E, ETOWAH COUNTY, ALABAMA.

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

                                                                                                            

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

Nationstar Mortgage, LLC

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 25, Nov 1 & 8, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sandra Tidmore, a single person, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Suntrust Mortgage, Inc., on the 29th day of December, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument number 3307490; said mortgage having subsequently been transferred and assigned to Federal National Mortgage Association, by instrument recorded in Instrument Number 3382913, in the aforesaid Probate Office; the undersigned Federal National Mortgage Association (“fnma”), 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:

Lot number Eighty-Two (82) of Western Hills Subdivision 1st Addition Part A, as recorded in Plat Book I, Pages 89 and 90, Probate Office of Etowah County, Alabama, and lying and being in Southside, 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.

Federal National Mortgage Association (“fnma”), Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

298157

Nov 1, 8 & 15, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Todd Payne and Lisa Payne, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Federal Bank, on January 30, 2009, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3308114; and subsequently transferred and assigned to CitiMortgage, Inc., and said assignment being recorded in Instrument Number, 3391203; CitiMortgage, Inc., 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 December 10, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Tract One

Commence at an existing pinch pipe at the Northeast comer of the NW 1/4 of the NW l/4 in Section 16, Township 12 South, Range 8 East of the Huntsville Meridian, Etowah County, Alabama and run Southerly along the East line thereof, 1318.73 feet to the Southeast corner thereof; thence deflect left and angle of 00°43` 15” and continue Southerly, along the East line of the SW l/4 of the NW l/4, 993.27 feet to the point of beginning of the property herein described; thence from said point of beginning deflect right an angle of 85°43`49” and run Westerly, leaving said East line, 71.50 feet to a point;

thence deflect right an angle of 82°11` 12” and run Northerly, 335.00 feet to a point in the South R/W line of Goodwin Lane (40` R/W); thence deflect right an angle of 88°40`54” and run Easterly, along said R/W, 49.96 feet to a point; thence deflect right an angle of 23°54`00” and run Southeasterly along the Southwest R/W line of said Goodwin Lane, 49.34 feet to a point in a half cul-de-sac having a radius of 40.00 feet; thence along said cul-de-sac an arc length of 62.51 feet to an existing ¼“ rod at the intersection of the projection of the centerline of Goodwin Lane; thence in an Easterly direction, along said projection in a straight line, 15.30 feet to a 3/8” rebar in the East line of said SW 1/4 of the NW l/4; thence deflect right an angle of 103°41`48” and run Southerly along the East line of said SW 1/4 of the NW 1/4, 376.48 feet to the point of beginning, said property being a portion of the SW l/4 of the NW l/4 in Section 16, T-12-S, R-8-E, Etowah County, Alabama and contains 0.84 acre, more or less.

Tract Two

Commence at an existing pinch pipe at the Northeast corner of the NW 1/4 of the NW 1/4 in Section 16, Township 12 South, Range 8 East of the Huntsville Meridian, Etowah County, Alabama and run Southerly along the East line thereof, 1318.73 feet to the

Southeast corner thereof; thence deflect left an angle of 00°43`15” and continue Southerly along the East line of the SW 1/4 of the NW l/4, 993.27 feet to the point of

beginning of the property herein described; thence from said point of beginning deflect left so as to form an interior angle of 90°16`31” and run Easterly leaving said East line, 53.71 feet to an existing 6” wood post; thence deflect left so as to form an interior angle of 81°36`38” and run Northerly, 380.55 feet to a point in the West line of the SE 1/4 of the NW 1/4; thence deflect left so as to form an interior angle of 08°06` 51” and run Southerly, along the West line of said SE 1/4 of the NW l/4, 376.48 feet to the point of beginning, said property being a portion of the SE1/4 of the NW l/4 in Section 16, T-12- S, R-8-E, Etowah County, Alabama and contains 0.23 acres, more or less.

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

CitiMortgage, Inc.

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Nov 1, 8 & 15, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kathleen G. McCrory, to The Bank, on the 16th day of July, 2002, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2002-3304; the undersigned Cadence Bank, National Association successor by merger with Superior Bank, N.A. f/k/a 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 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:

The South half of Lots Numbers Thirteen and Fourteen of Norris Hills Subdivision, Hokes Bluff, Alabama, being part of the East half of the Southwest Quarter in Section Thirteen, Township Twelve South, Range Seven lying North of Gadsden-Piedmont Road, Etowah County, Alabama, according to a plat prepared by Kieffer Lindsey, C.E., dated July 1960, and recorded in Office of Judge of Probate of Etowah County, Alabama, in Plat Book G, Page 137, subject to all existing Rights of Way and Easements.

Property Street Address: 3748 Gidley Avenue, 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.

Cadence Bank, National Association successor by merger with Superior Bank, N.A. f/k/a 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

288577

Nov 1, 18 & 15, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 29, 2005, executed by Eric Mayo, as joint tenants, and Lanitta Mayo, as joint tenants, to Mortgage Electronic Registration Systems, Inc. solely as nominee for America’s Wholesale Lender, which mortgage was recorded on October 27, 2005, in Document Number M-2005-4625, 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 December 17, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at the Northwest corner of the Northwest Quarter of the Southwest Quarter, Section 34, Township 11 South, Range 3 East, and run Easterly along the North line of said Northwest Quarter of the Southwest Quarter a distance of 1326.0 feet to the Northeast corner thereof; thence deflect 124 degrees 24 minutes right and run a distance of 415.74 feet to a point on the Easterly right of way line of the Altoona-Walnut Grove Highway, which is the point of beginning.  From said point of beginning deflect 1 degree 36 minutes left and run in a Southwesterly direction along the Easterly line of said Altoona-Walnut Grove Highway a distance of 83.29 feet; thence deflect 2 degrees 53 minutes left and continue Southwesterly along the Easterly right of way line a distance of 129.6 feet; thence deflect 87 degrees 07 minutes left and run a distance of 169.09 feet; thence deflect 77 degrees 50 minutes left and run a distance of 217.63 feet; thence deflect 102 degrees 10 minutes left and run a distance of 221.38 feet to the point of beginning.  The above parcel of land being a portion of the Northwest Quarter of the Southwest Quarter, Section 34, Township 11 South, Range 3 East, 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/acl

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Nov 8, 15 & 22, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by CHARLIE LAPSLEY, JR. and CASSANDRA M. LAPSLEY, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for America’s Wholesale Lender, as Mortgagee, dated the 10th day of August, 2006, and recorded in Instrument No. 3253405,  et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to BANK OF AMERICA, N.A. successor by merger tto BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, now Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the 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 17th day of December, 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:

Commence at an existing axle at the Southwest corner of the NE 1/4 of the NE 1/4, Section 8, Township 11 South, Range 7 East of Huntsville Meridian and run S 89 degrees 56’ 47” E along the South line thereof, 737.32 feet to the point of beginning of the property described herein; thence continue S 89 degrees 56’ 47” E, along said South line 377.73 feet to a point; thence run N 27 degrees 27’ 43” W, leaving said South line, 767.18 feet to a point on the Southeasterly R/W of Owls Hollow Road (50’R/W); thence run S 56 degrees 17’ 03” W (M) S 56 degrees 16’ 36” W ® , along said R/W, 192.95 feet to a point; thence run S 53 degrees 30’ 03” W (M) S 53 degrees 26’ 31” W ®, along said R/W 145.00 feet to a point; thence run S 27 degrees 27’ 43” E, leaving said R/W, 548.88 feet to the point of beginning. Said property begin a portion of the NE 1/4 of the NE 1/4 of the NE 1/4, Section 8, Township 11 South, Range 7 East, Etowah County, Alabama.  Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants and building set-back lines of record.

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.

BANK OF AMERICA, N.A.

Holder of said Mortgage

Goodman G. Ledyard

PIERCE LEDYARD, P.C

Attorneys for Mortgagee

Post Office Box 161389

Mobile, Alabama  36616

(251) 338-1300

Nov 8, 15 & 22, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Lewis Patrick Farmer and Julie A. Farmer, husband and wife, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for MortgageAmerica, Inc., on the 15th day of March, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3267110; said mortgage having subsequently been transferred and assigned to CitiMortgage, Inc., by instrument recorded in Instrument Number 3383484, in the aforesaid Probate Office; the undersigned CitiMortgage, Inc., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on January 13, 2014, 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 Twenty (20) of Rainbow Estates, Third Addition, as recorded in Plat Book I, Page 114 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.

CitiMortgage, 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

307995

Nov 8, 15 & 22, 2013

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MORTGAGE

FORECLOSURE SALE

DEFAULT HAVING BEEN MADE IN THE PAYMENT OF THE INDEBTEDNESS SECURED BY THAT CERTAIN MORTGAGE EXECUTED ON JUNE 16, 2006 BY KATINA BROOKS, UNMARRIED AND TEDDIE JACKSON, UNMARRIED, ORIGINALLY IN FAVOR OF AMERICAN GENERAL FINANCIAL SERVICES OF ALABAMA, INC., AND RECORDED IN INSTRUMENT # AT 3249204 ON JUNE 21, 2006, 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 DECEMBER 2, 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:

COMMENCE AT A ROCK CORNER MARKING THE SE CORNER OF THE SE 1/4 NW 1/4 SECTION 29, 10-S, R-7-E; THENCE ALONG THE EAST LINE OF SAID FORTY N 02 DEGREES 32’ 14” W 106.94 TO A 1/2” CAPPED REBAR (LS#21183) ON THE EASTERN R/W OF PHARR ROAD 60’ R/W, THENCE ALONG SAID R/W N 03 DEGREES 43’ 25” W 492.45’ TO A 1/2” CAPPED REBAR (LS#21183), THENCE CONTINUING ALONG SAID R/W N 3 DEGREES 43’ 25” W 74.99 TO A POINT, THENCE LEAVING SAID R/W S 86 DEGREES 16’ 35” W 60.00’ TO A 1/2” CAPPED REBAR (LS#21183) ON THE WESTERN R/W OF SAID ROAD ALSO BEING THE POINT OF BEGINNING, THENCE ALONG SAID R/W S 03 DEGREES 43’ 25” E 315.73’ TO A 1/2” CAPPED REBAR (LR#21183), THENCE LEAVING SAID R/W N 89 DEGREE 45’ 11” W 355.87’ TO A 1/2” CAPPED REBAR (LS#21183), THENCE N 05 DEGREES 34’ 00” W 303.69’ TO A 1/2” CAPPED REBAR (LS#21183), THENCE N 88 DEGREES 13’ 48” 365.00’ TO THE POINT OF BEGINNING, CONTAINING 2.56 ACRES MORE OR LESS. 

FOR INFORMATIONAL PURPOSES ONLY, THE PROPERTY ADDRESS IS: 648 PHARR RD, GADSDEN, AL 35904.  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.

SPRINGLEAF FINANCIAL SERVICES OF ALABAMA, INC., FORMERLY KNOWN AS AMERICAN GENERAL FINANCIAL SERVICES OF ALABAMA, INC., AND ITS SUCCESSORS AND ASSIGNS

MORTGAGEE OR TRANSFEREE

SHAPIRO AND INGLE, L.L.C.

10130 PERIMETER PARKWAY, SUITE 400

CHARLOTTE, NC 28216

704-333-8107/ 13-003152

ATTORNEYS FOR MORTGAGEE OR TRANSFEREE

Nov 8, 15 & 22, 2013

_____________

MORTGAGE

FORECLOSURE SALE

ALABAMA, ETOWAH COUNTY 

Default having been made pursuant to the terms of that certain mortgage executed by Larry E. Rogers, a married man and wife, Amanda Rogers and to Mortgage Electronic Registration Systems, Inc., solely as nominee for MortgageAmerica, Inc., dated August 28, 2007, said mortgage being recorded in Instrument No. 3282282 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 December 5, 2013 the following real estate, situated in Etowah County, AL, to-wit: THE EAST 1/2 OF LOT 1 AND ALL OF LOT NUMBER TWO (2) IN BLOCK NUMBER TWO (2), IN BROOKLINE SUBDIVISION ACCORDING TO THE MAP THEREOF RECORDED IN PLAT BOOK “D”, PAGE 141, PROBATE OFFICE, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.  Said property is commonly known as 702 TIDMORE BEND RD, GADSDEN, AL 35901  The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property Larry E. Rogers, a married man and wife, Amanda Rogers or tenant(s). RCO Legal, P.S. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192 Messenger TS#: 86094 FEI # 1008.247041

Nov 8, 15 & 22, 2013

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by David V. Tidwell and Kathy N. Tidwell, husband and wife, to Household Finance Corporation of Alabama, on the 5th day of April, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2005-1402; the undersigned Household Finance Corporation of Alabama, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on 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:

Lots 3, 4 and 5, Block 4, Moragne Addition to the City of Attalla, Etowah County, Alabama, according to the map or plat thereof recorded in Plat Book A, Page 116, Probate Office, Etowah County, Alabama. Subject property is located in Etowah County.

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

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

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

This sale is subject to postponement or cancellation.

Household Finance Corporation of Alabama, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

302118

Nov 8, 15 & 22, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated August 27, 2012, executed by Tina Diane Hallmark, unmarried, in favor of Green Tree Servicing LLC, said Mortgage being recorded September 18, 2012, in Instrument #3373505 in the Office of the Judge of Probate of Etowah County, Alabama; assigned to U.S. Bank, N.A., as trustee on behalf of Mid-State Capital Corporation 2005-1 by instrument recorded the Office of the Judge of Probate of Etowah County, Alabama.  All instruments are recorded in the Office of the Judge of Probate of Etowah County, Alabama.  Said default continues and notice is hereby given that the undersigned, U.S. Bank, N.A., as trustee on behalf of Mid-State Capital Corporation 2005-1 by Green Tree Servicing LLC, as servicer with delegated authority, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on December 4, 2013, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit: 

            

Lots Numbers Fifteen (15) and Seventeen (17) in Block Number Four (4) of the amended map of a portion of Sims 2nd Addition to Glencoe, Alabama, as recorded in Plat Book “D”, Page 195, Probate Office, Etowah County, Alabama, save and except such portion thereof as was conveyed to Etowah County, Alabama by right of way deed for public road, dated January 28, 1657, recorded in Book 685, Page 371, of said probate office.

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, EXPRESS 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 mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage. 

Green Tree Servicing LLC

Paul K. Lavelle

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

 Birmingham, Alabama 35243

(205) 298-1800

Nov 8, 15 & 22, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Huyen T. Nguyen and Hoa Van Tran, wife and husband, to Mortgage Electronic Registration, Inc. as nominee for CitiMortgage, Inc., on August 30, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument No., 3278920; and subsequently transferred and assigned to CitiMortgage, Inc., and said assignment being recorded in Instrument No., 3375489; and subsequently transferred and assigned to Ventures Trust 2013-I, and said assignment being recorded in Instrument No., 3386572; Ventures Trust 2013-I, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on July 23, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot #14, Phase 1, of Highland Point Subdivision as recorded in Plat Book L, Page 1 in the Judge of Probate Office of 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.

Ventures Trust 2013-I

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

(205) 970-2233

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO September 24, 2013 AT THE TIME AND PLACE SET OUT ABOVE

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO October 29, 2013 AT THE TIME AND PLACE SET OUT ABOVE

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO January 7, 2014 AT THE TIME AND PLACE SET OUT ABOVE

Nov 8, 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-4E, 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) 970-2233

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO November 20, 2013 AT THE TIME AND PLACE SET OUT ABOVE

Nov 8, 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.C. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192  Messenger, The 10/11/2013 10/18/2013 10/25/2013 11/8/2013 AMENDMENT TO NOTICE OF MORTGAGE FORECLOSURE SALE  The sale date under the above mentioned Notice of Mortgage Foreclosure Sale has been postponed until January 9, 2014, and public notice thereof having been given, the above notice is hereby republished with this amendment. 

Nov 8, 2013

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Layne Bryan joined herein pro forma by his wife, Amy S. Bryan, to Franklin American Mortgage Company, dated August 26, 1999, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1999, Page 243 as Instrument Number M-1999-3618.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE INC. FORMERLY KNOWN AS NORWEST MORTGAGE INC.. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE INC. FORMERLY KNOWN AS NORWEST MORTGAGE INC., 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 August 30, 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 Two (2) in Block Number Two (2) in S.A. Jordan`s Rearrangement of Lot Number 3, Block Number 5 of Hadley Farms, according to a map of said Rearrangement recorded in Plat Book “C”, Page 145, Probate Office, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

Property Street Address: 302 Albany Avenue, Gadsden, AL 35903-3832 (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. successor by merger to Wells Fargo Home Mortgage Inc. formerly known as Norwest Mortgage Inc.

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

1 Independence Plaza

Suite 416

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90000961-13

THE ABOVE MORTGAGE FORECLOSURE SALE WAS POSTPONED TO September 18, 2013, AT THE TIME AND PLACE AS SET OUT ABOVE.

THE ABOVE MORTGAGE FORECLOSURE SALE WAS FURTHER POSTPONED TO October 24, 2013, AT THE TIME AND PLACE AS SET OUT ABOVE.

THE ABOVE MORTGAGE FORECLOSURE SALE HAS BEEN FURTHER POSTPONED TO November 7, 2013, AT THE TIME AND PLACE AS SET OUT ABOVE.

THE ABOVE MORTGAGE FORECLOSURE SALE HAS BEEN FURTHER POSTPONED TO December 18, 2013, AT THE TIME AND PLACE AS SET OUT ABOVE.

Nov 8, 2013

_____________ NOTICE TO

FILE CLAIMS

JOSHUA MCCOY, appointed Personal Representative (s) on July 12, 2013, Estate of ROGER DALE MCCOY, 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 25, Nov 1 & 8, 2013

_____________

NOTICE TO

FILE CLAIMS

STEPHANIE HAMBY KEENUM, appointed Personal Representative (s) on October 7, 2013, Estate of JEAN D. HAMBY, 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 25, Nov 1 & 8, 2013

_____________

NOTICE TO

FILE CLAIMS

VIVIAN KING, appointed Personal Representative (s) on September 4, 2013, Estate of LOETTE HOLLOWAY KING, 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 25, Nov 1 & 8, 2013

_____________

NOTICE TO

FILE CLAIMS

GEORGE FORD, appointed Personal Representative (s) on October 14, 2013, Estate of JOEL DAVID KUTSCHENREUTER, 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 25, Nov 1 & 8, 2013

_____________

NOTICE TO

FILE CLAIMS

AVA MARIA GREGORY, appointed Personal Representative (s) on August 16, 2013, Estate of JOHN H. GREGORY, 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 25, Nov 1 & 8, 2013

_____________

NOTICE TO

FILE CLAIMS

DELORES HARP ROACH, appointed Personal Representative (s) on September 27, 2013, Estate of HERSCHEL ROBERT ROACH, 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 25, Nov 1 & 8, 2013

_____________

NOTICE TO

FILE CLAIMS

SANDRA M. CAIN, appointed Personal Representative on October 22, 2013 Estate of DON ALDRICH CAIN, 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

Nov 1, 8 & 15, 2013

_____________

NOTICE TO

FILE CLAIMS

CHRISTINE M. ROBINSON, appointed Personal Representative on September 9, 2013 Estate of OZELLA MONTGOMERY, 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

Nov 1, 8 & 15, 2013

_____________

NOTICE TO

FILE CLAIMS

DOROTHY H. NASWORTHY appointed Personal Representative on October 9, 2013 Estate of ARTHUR F. NASWORTHY, 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

Nov 1, 8 & 15, 2013

_____________

NOTICE TO

FILE CLAIMS

BOBBY JOE MILINER, appointed Personal Representative on October 18, 2013 Estate of JACK R. MILINER, 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

Nov 1, 8 & 15, 2013

_____________

NOTICE TO

FILE CLAIMS

ALYSON WELCH JACKSON, appointed Personal Representative on October 17, 2013 Estate of JANE SUTHERLIN WELCH, 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

Nov 1, 8 & 15, 2013

______________

NOTICE TO

FILE CLAIMS

CATHIE H. DUNN appointed Personal Representative (s) on October 29, 2013 Estate of BARBARA A. DUNN, 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

Nov 8, 15 & 22, 2013

______________

NOTICE TO

FILE CLAIMS

RODNEY D. WALKER & NEILDA KAY WALKER HARRIS appointed Personal Representative (s) on October 17, 2013 Estate of BURNIE RUTH WALKER, 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

Nov 8, 15 & 22, 2013

______________

NOTICE TO

FILE CLAIMS

MARISSA R. RICHARDS appointed Personal Representative (s) on October 28, 2013 Estate of TERRY CAMERON BATES, 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

Nov 8, 15 & 22, 2013

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, JUSTIN SCOTT CHITTAM, and The IRS TAX LIEN DEPT., 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, NOVEMBER 19TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1401 STROUD AVENUE  in District 1 in the City of Gadsden, more particularly described as:

Lots 1 and 2 in Block C of Stroud’s First Addition, according to the map thereof recorded in Plat Book B, Page 85, 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

Nov 8, 2013

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to MARSHA B. WOLFE, 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, NOVEMBER 19TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 75 WEST TUSCALOOSA AVE. in District 7 in the City of Gadsden, more particularly described as: 

Lot 36, according to the map of Cone Mills Corporation, Dwight Division, as recorded in Plat Book F, Page 51 thru 65, 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

Nov 8, 2013

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, and WILLIAM F. HARPER, 1507 CENTRAL AVE. Gadsden. Al. 35901, 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, NOVEMBER 19TH at 11:00 a.m., a hearing will be held to determine whether or not the property located at 2202 LOOKOUT AVE. in District 7 in the City of Gadsden, more particularly described as:

All of Lots 11, 12 & part of  lot 13, in Block 7 of Goodwater Heights Addition, according to the map thereof recorded in Plat Book B, pg 379, Gadsden Probate Office, Etowah County, Alabama, and  more particularly described as follows: Begin at the Northwest corner of  lot 11 and from thence run in a southerly direction along West line of  lot 11 a distance of 89.6 feet, more or less; thence run in a southeasterly direction and along the Southwesterly line of Lots 11 and 12 a distance of 96.9 feet, more or less, to a point; thence run in a Northeasterly direction and along the Southeasterly line of Lot 12 a distance of 46 feet to a point; thence run in a Northerly direction and along the East line of Lot 12 a distance of 39 feet, more or less to a point; thence run in a northeasterly direction to a point on the North line of Lot 13, said point being 134 feet east of the Northwest corner of lot 11; thence run in a westerly direction along the North lines of Lots 13, 12 and 11 a distance of 134 feet, more or less, to a point of beginning

Should be assessed with a lien of $1,840.00 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

Nov 8, 2013

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: A-704

IN THE MATTER OF: THE ADOPTION OF ELIAS KILGARIFF THRASHER

NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF ELIAS KILGARIFF THRASHER, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a minor child born to Anna Elizabeth Thrasher, Natural Mother, was filed on the 25th day of September, 2013, alleging 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 08/24/13.

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, P. O. Box 187, Gadsden, AL 35902.

DONE this 10th day of October, 2013.

Robert M. Echols, Jr.

4 Office Park Circle, Suite 116

Birmingham, AL 35223

Bobby M. Junkins

Judge of Probate

Oct 25, Nov 1, 8 & 15 2013

_____________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: A-705

IN THE MATTER OF: THE ADOPTION OF JAIDYN MAKENZIE BOZEMAN

NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF JAIDYN MAKENZIE BOZEMAN, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of Jaidyn Makenzie Bozeman, born to Katy Jean Bozeman, Natural Mother, was filed on the 3rd day of October, 2013, alleging 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 03/16/09.

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, P. O. Box 187, Gadsden, AL 35902.

DONE this 10th day of October, 2013.

Robert M. Echols, Jr.

4 Office Park Circle, Suite 116

Birmingham, AL 35223

Bobby M. Junkins

Judge of Probate

Oct 25, Nov 1, 8 & 15 2013

_____________

LEGAL NOTICE

McCartney Construction Company, Inc. hereby gives notice of completion of contract with the City of Hokes Bluff for construction of CDBG Project No. LR-CM-PF-12-012 in Etowah County. This notice will appear for four consecutive weeks beginning on October 25, 2013 and ending on November 15, 2013. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, AL 35901 during this period.

McCartney Construction Company, Inc.

Oct 25, Nov 1, 8 & 15, 2013

______________

LEGAL NOTICE

Notice is hereby given that the contents of the following storage units will be sold by the undersigned on December 1, 2013 for past due charges.

Brittany Kilgore C-27

Summer Chase Storage

801 Collins Place

Attalla, AL 35954

Nov 8 & 15, 2013

_____________

NOTICE OF

PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE: DR-2013-900301-WBO

JERRY CASH, PLAINTIFF

V.

SARAH CASH, DEFENDANT.

To: Sarah Cash: This is to notify you that a Civil Action (Lawsuit) is pending in Court wherein Jerry Cash is the Plaintiff and you are the Defendant: Attorney for the Plaintiff has filed a sworn affidavit that service of summons and complaint cannon be made because the Defendant avoids service. You are notified by this publication to answer in writing to said lawsuit by filing same with the Clerk of this Court and forwarding a copy of the answer to Plaintiff’s attorney, Jay Stove, P. O. Box 1242, Gadsden, AL 35902 within thirty (30) days after last publication or default will be entered against you for failure to answer or otherwise plead.

Done this the 23rd day of Oct, 2013.

Cassandra Johnson

Circuit Clerk

Nov 1, 8, 15 & 22, 2013

Nov 1, 2013

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on December 9, 2013 for charges due.

2012 Kia Optima LX VIN# 5XXG M4A71CG 069787

2013 Dodge Ram VIN# 3C6JR6A T0D G541595

2010 Chrysler 300 VIN# 2C3CA5 CV6AH2 13339

2010 Ford Escape XLT VIN# 1FMCU0 DG6AKCB 2011

2011 Nissan Altima VIN# 1N4AL2 AP5BC 182367

2006 BMW 5301 VIN# WBANE73 566CM42 276

2007 Saturn Aura VIN# 1G8ZS57 N67F22 7212

2003 Jeep Liberty VIN# 1J4GL48 K53W602004

2008 Chevy Silverado VIN# 2GCEC19 J2811 11759

2009 Mercedes C350 VIN# WDDGF56 X29R0 42781

Bruckner BX Auto Sales Inc

3701 W Meighan Blvd

Gadsden, AL 35904

Nov 1 & 8, 2013

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on December 9, 2013 for charges due.

1986 Nissan 4×4 pickup VIN# JN6ND0 6Y6FW01 3958

1993 Toyota Celica VIN# JT2ST 85N1P0140256

Mark Buckels

3701 W Meighan Blvd

Gadsden, AL 35904

Nov 1 & 8, 2013

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on December 9, 2013 for charges due.

2000 Ford Mustang VIN# 1FAFP 404XY F280265

East Meighan Auto Sales

2805 East Meighan Blvd

Gadsden, AL 35903

Nov 1 & 8, 2013

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on December 16, 2013 for charges due.

1996 Ford F-150 XLT VIN# 1FEF14 Y9TLA 38601

Dustin Hill

4995 Cox Gap Rd

Boaz, AL 35956

Nov 8 & 15, 2013

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on December 16, 2013 for charges due.

2003 Lincoln Town Car VIN# 1LNHM8 1W33Y 639306

Rainbow Wrecker Service

2000 Rainbow DR

Gadsden, AL 35901

Nov 8 & 15, 2013

______________

NOTICE OF

VEHICLE 

OSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on December 16, 2013 for charges due.

2001 VW Jetta VIN# 3VWPD69 MX1M096 565

1993 Ford Ranger VIN# 1FTCR10 A3RPA 32186

Clubview Services

1900 Rainbow Dr

Gadsden, AL 35901

Nov 8 & 15, 2013

 
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