Legal notices for the week of Jan. 31- Feb. 6, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Eva E. Rose, a single woman, to ABN AMRO Mortgage Group, Inc., on the 10th day of April, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3269435; 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 March 10, 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:

To reach the Point of Beginning of the lands therein described, commence at the Northeast corner of the Northeast Quarter of the Southwest Quarter of Section 28; thence run North 90 degrees 00 minutes 00 seconds West along the North line of said Quarter section a distance of 330.00 feet to a point; thence South 01 degrees 14 minutes 54 seconds East parallel to the East line of said Quarter Section a distance of 365.00 feet to the Point of Beginning; thence North 90 degrees 00 minutes 00 seconds East a distance of 290.40 feet to a point; thence South 01 degrees 14 minutes 54 seconds East a distance of 150.00 feet to a point; thence South 90 degrees 00 minutes 00 seconds West a distance of 290.40 feet to a point; thence North 01 degrees 14 minutes 54 seconds West a distance of 150.00 feet to the Point of Beginning, containing 1.0 acres. 

To describe the centerline of a 20 foot wide easement for ingress and egress to aforesaid parcel of land from Rose Road, commence at the Southeast corner of the Northeast Quarter of the Southwest Quarter of Section 28; thence run North 90 degrees 00 minutes 00 seconds East a distance of 10.00 feet to the centerline of Easement; thence run North 01 degrees 14 minutes 54 seconds West parallel to the East line of said Quarter section a distance of 829.00 feet to a point; thence run North 90 degrees 00 minutes 00 seconds East a distance of 29.38 feet to the East line of aforesaid parcel. The aforesaid Parcel and Easement embraces portions of the Northeast Quarter of the Southwest Quarter, all in Section 28, Township 12 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. 

Property Street Address:        250 Rose Rd, Rainbow City, AL  35906

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

217093

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Amanda Robinson, an unmarried woman, to Family Savings Federal Credit Union on the August 10, 2009, said mortgage being recorded at Instrument #3318540, 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 February 10, 2014, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Eighteen (18) in Block Eight (8) in Walnut Park, or West Point, Second Addition, according to the map or plat thereof, recorded in Plat Book “B”, Page 117, Probate Office, Etowah County, Alabama, and lying and being in 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.

Family Savings Credit Union (fka Family Savings Federal 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

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 26, 2011, executed by Josh Taylor, a single man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Federal Bank, which mortgage was recorded on September 28, 2011, in Instrument Number 3355797, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on February 18, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots 4 and 5 in Green Valley Lake Estates, Unit 10, according to the Map or Plat thereof recorded in Plat Book I, Pages 117 and 118, Probate Office, Etowah County, Alabama.

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

JPMorgan Chase Bank, National Association

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Robin Sims and husband, Jerry D. Sims, II, to Family Savings Federal Credit Union on the February 17, 2012, said mortgage being recorded at Instrument #3362993, 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 February 10, 2014, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot One (1), First Addition to Oakland Heights, as shown by the map or plat thereof recorded in Plat Book “I”, Page 14, 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)

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

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 16, 2011, executed by Mark Bruce and Angela Bruce, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Metro Bank, which mortgage was recorded on June 23, 2011, in Instrument Number 3351347, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on February 18, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 11 in Westminster Schools Subdivision, Rainbow City, Alabama, as recorded in Plat Book “J”, Page 49, Probate Office, Etowah County, Alabama.

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

CitiMortgage, Inc.

Transferee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Khaliah T. Weathers, an unmarried woman, to The Exchange Bank of Alabama recorded on the 29th day of October, 2003, and recorded as Document Number: M-2003-5607, and re-recorded the 21st day of September, 2004, as Document Number: M-2004-4105, in the Office of the Judge of Probate, Etowah County, Alabama; said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on February 13, 2014, the following described real estate situated in Etowah County, Alabama:

Lot Number One (1) and the Northwest 2 feet of Lot Number Three (3) in Block Number Eight (8) of the Crestview Land Company’s Addition to Gadsden, according to the map or plat thereof recorded in Plat Book “D”, Pages 144 and 145, Probate Office, and lying and begin in Gadsden, Etowah County, Alabama.  

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

THE EXCHANGE BANK OF ALABAMA

By: /s/Laura T. Lloyd

 TURNBACH, WARREN, LLOYD, FREDERICK & SMITH, P.C.

 P. O. Box 129/200 Chestnut Street

Gadsden, Alabama  35902-0129

(256) 543-3664

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Stanley A. Hawkins and Deborah Hawkins, Husband and Wife, to The Exchange Bank of Alabama dated the 4th day of August, 2004, and recorded as Document Number: M-2004-3512, in the Office of the Judge of Probate, Etowah County, Alabama; said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on February 13, 2014, the following described real estate situated in Etowah County, Alabama:

Lot Number 7 in Greenbriar Estates, according to the map or plat thereof as recorded in Plat Book J, Page 17, Probate Office, Etowah County, Alabama, and lying and being in Etowah County, Alabama.

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

THE EXCHANGE BANK OF ALABAMA

By: /s/Laura T. Lloyd 

TURNBACH, WARREN, LLOYD, FREDERICK & SMITH, P.C.

P. O. Box 129/200 Chestnut Street

Gadsden, Alabama  35902-0129

(256) 543-3664

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Tommy Wayne Newsome to Jon Noojin and Owen Noojin, dated November 16, 2012, and recorded in instrument #3376714 in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagees, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 7th day of February, 2014, the following described real estate situated in Etowah County, Alabama.

Lot Numbers 3, 5, 6, 7 and 12 of Pleasant Valley Subdivision, as recorded in Plat Book “L”, Page 17, Probate Office, Etowah County, Alabama.

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

By: David C. Livingston

Attorney for Mortgagees

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Anna N. O’ Bryant and Michael T. O’ Bryant, wife and husband, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Hometown Lenders, LLC, on the 13th day of February, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3242096; said mortgage having subsequently been transferred and assigned to Nationstar Mortgage, LLC, by instrument recorded in Instrument Number 3386797, in the aforesaid Probate Office; the undersigned Nationstar Mortgage, LLC, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on March 10, 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:

Commence at an existing 1/4 rebar at the Northeast corner of the SW 1/4 of the NE 1/4, Section 28, Township 11 South, Range 7 East of Huntsville Meridian and run South 00 Degrees 44 Minutes 21 Seconds West along the East line thereof, 135.27 feet to a point; thence run North 89 Degrees 09 Minutes 00 Seconds West, leaving said East Line 769.26 feet to the West line Right of Way, 15.00 feet to the Point of Beginning of the Property described herein then continue North 04 Degrees 12 Minutes 36 Seconds West along said Right of Way, 141.06 feet to a point; thence run south 86 Degrees 19 Minutes 58 Seconds West, leaving said Right of Way 226.87 feet to a point; thence run South 03 Degrees 50 Minutes 42 Seconds West, 106.97 feet to a point; thence run South 88 Degrees 17 Minutes 36 Seconds East, 86.58 feet to a point; thence run South 88 Degrees 15 Minutes 10 Seconds East, 158.66 feet to the Point of Beginning. Said property being a portion of the NW 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4, Section 28, Township 11 South, Range 7 East, Etowah County, Alabama.

Property Street Address: 1170 Alford Bend Road, 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.

Nationstar Mortgage, LLC, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

313961

Jan 17, 24 & 31, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Myron K. Allenstein and Gloria M. Allenstein, husband and wife, to Superior Bank, on the 4th day of November, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3341046; the undersigned Cadence Bank, National Association, successor by merger with Superior Bank, National Association f/k/a Superior 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 March 10, 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:

A lot or parcel of land described as beginning at the NW corner of Lot Number Eleven (11), and from thence run in a Southerly direction and along the West line of said lot a distance of 200 feet to a point; thence in an Easterly direction parallel with the North line of said lot to a point, which said point is 85 feet from the Easterly line of said lot; thence in a Northerly direction and parallel with the Easterly line of said lot to a point in the North line of said lot which said point is 85 feet West of the NE corner thereof; thence in a Westerly direction and along the North line of said lot a distance of 129 feet to the point of beginning, and embracing a portion of Lot Number Eleven (11), in block Number Three (3) in Argyle Place Addition, according to the map thereof recorded in Plat Book “B”, Page 367, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama; together with an easement for sanitary sewer line as set forth in that certain deed from Simeon P. Owens and wife, Geneva Owens, to Joel  L. Owens and wife, Thelma Owens, dated December 7, 1957, recorded in Book 693, Page 489, Probate Office, Etowah County, Alabama.

Property Street Address:        918 Randall St, Gadsden, AL  35901

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

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

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

This sale is subject to postponement or cancellation.

Cadence Bank, National Association, successor by merger with Superior Bank, National Association f/k/a Superior Bank, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

315203

Jan 24, 31 & Feb 7, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Joshua Shane Griffith and wife, Wendy Griffith, to G & M Homes, LLC, dated August 17, 2011, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument # 3353930; 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 25th day of February, 2014, 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:

A part of the Southeast 1/4 of the Northwest 1/4 of Section 19, Township 12 South, Range 5 East, Etowah County, Alabama, and being more particularly described as follows:  From the Northeast corner of said Southeast 1/4 of the Northwest 1/4; thence South 87 degrees 51 minutes 09 seconds West 693.62 feet along the 1/4-mile line; thence South 02 degrees 34 minutes 56 seconds East 411.88 feet to the point of beginning; thence continue South 02 degrees 34 minutes 56 seconds East 200.00 feet to the Northerly right-of-way line of Center Road; thence along said right-of-way line North 86 degrees 50 minutes 00 seconds East 217.81 feet; thence North 02 degrees 34 minutes 56 seconds West 200.00 feet; thence South 86 degrees 50 minutes 00 seconds West 217.81 feet to the point of beginning; and a 20-foot wide easement described as follows:  A part of the Southeast 1/4 of the Northwest 1/4 of Section 19, Township 12 South, Range 5 East, Etowah County, Alabama, and being more particularly described as follows:  From the Northeast corner of said Southeast 1/4 of the Northwest ¼; thence South 87 degrees 51 minutes 09 seconds West 693.62 feet along the 1/4-mile line; thence South 02 degrees 34 minutes 56 seconds East 411.88 feet to the point of beginning; thence continue South 02 degrees 34 minutes 56 seconds East 200.00 feet to the Northerly right-of-way line of Center Road; thence along said right-of-way line North 86 degrees 50 minutes 00 seconds East 172.38 feet to the point of beginning; thence North 04 degrees 42 minutes 49 seconds West 120.44 feet; thence North 09 degrees 02 minutes 17 seconds West 80.02 feet to the point of beginning.     

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

Jan 24, 31 & Feb 7, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Kevin L. Harden and wife Sherry L. Harden to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s successors and assigns dated June 7, 2001, and Recorded in Book 2001, Page 162 Doc. No. M-2001-2419 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to EverBank by instrument recorded in  Instrument Number 3391087 of said Probate Court Records;  notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on February 24, 2014, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue, Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage: 

LOTS NUMBER 5 AND 6 IN BLOCK 25, IN CLOVERDALE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “C”, PAGES 46 AND 47, PROBATE OFFICE ETOWAH COUNTY, ALABAMA LYING AND BEING IN ATTALLA, 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.

EverBank  

Mortgagee 

William S. McFadden

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

718 Downtowner Blvd.

Mobile, AL  36609

Jan 24, 31 & Feb 7, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Kevin Patterson, a single man, to Sidney P. Echols dated June 18, 2010, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument #3333779; the undersigned mortgage owner, Sidney P. Echols, 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 11th day of March, 2014, 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:

Commence at an existing steel rod at the Southwest corner of Fraction “K”, Section 19, T-13-S, R-6-East of the Huntsville Meridian, Etowah County, Alabama and run Easterly along the South line thereof, 116.37 feet (M) 116.60 feet (R) to an existing 1/2” pipe; thence leaving said South line deflect 78°48’06” left and run Northeasterly, 385.80 feet (M) 386.00 feet (R) to an existing 1/2” pipe on the Southwesterly R/W of Cedar Bend Road (60’ R/W); thence deflect left so as to form an interior angle of 100°01’21” and run Northwesterly along said R/W, 215.00 feet to a point; thence deflect 03°29’10” right and run Northwesterly along said R/W, 130.00 feet to a point; thence deflect 05°06’20” right and run Northwesterly along said R/W, 8.30 feet to the point of beginning of the property described herein; thence continue Northwesterly along said R/W, 115.00 feet to a point on the Southeasterly R/W of Grant Drive (60’ R/W); thence deflect 62°09’41” left and run Southwesterly along said Southeasterly R/W, 147.33 feet to a point; thence deflect 13°15’19” left and run Southwesterly along said R/W, 85.42 feet to a point; thence deflect 102°55’13” left leaving said R/W and run Southeasterly, 176.80 feet to a point; thence deflect 84°11’13” left and run Northeasterly, 220.05 feet to the point of beginning.  Said property being a portion of Fraction “I”, Section 19, T-13-S, R-6-E, Etowah County, Alabama and contains 0.76 acre (more or less).  Said lands also being shown on the map of Auborn Grant Sr. Subdivision, as recorded in Plat Book “H”, Page 38, Probate Office, Etowah County, Alabama.

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

SIDNEY P. ECHOLS

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Jan 31, Feb 7 & 14 ,2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 2, 2005, executed by James R. Martin and Tammi L. Martin, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Countrywide Home Loans, Inc., which mortgage was recorded on September 13, 2005, in Document Number M-2005-3865, 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 January 21, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Twelve (12) in Short Creek Estates Subdivision to Etowah County, Alabama, as recorded in Plat Book I, Page 136, Probate Office, Etowah County, Alabama. 

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

Green Tree Servicing LLC

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

The sale provided for hereinabove was postponed on the 21st day of January, 2014, by public announcement being made at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on the 25th day of February, 2014, at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

January 31, 2014 

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NOTICE TO

FILE CLAIMS

ELIZABETH GAIL THOMPSON, HOLLY JAYNE THOMPSON SHARP, MARY SHEA PAYNE BUSENLEHNER AND TODD JONES THOMPSON, appointed Personal Representative (s) on January 10, 2014, Estate of CHARLES RAY THOMPSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

LINDA DIANE MCCAIN, appointed Personal Representative (s) on January 3, 2014, Estate of CHRISTINE RHODES HOLT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

CHARLES RANDALL WOOD, JR, appointed Personal Representative (s) on December 17, 2013, Estate of CHARLES RANDALL WOOD, SR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

CLINTON RAY HAWTHORNE, appointed Personal Representative (s) on October 9, 2013, Estate of JUDITH ANN HAWTHORNE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

ALTON NEAL SAULS, appointed Personal Representative (s) on January 9, 2014, Estate of VIVIAN CLARICE MOORE SAULS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

JILL P. HENANDEZ, appointed Personal Representative (s) on January 7, 2014, Estate of QUINTILIANO OTANO HERNANDEZ, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

STEVEN LEWIS JOHNSON, appointed Personal Representative (s) on January 3, 2014, Estate of JERRY WAYNE JOHNSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

BYRON JOHNSON, appointed Personal Representative (s) on January 8, 2014, Estate of GLADYS N. JOHNSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE TO

FILE CLAIMS

ALBERTEIN BOTHWELL, appointed Personal Representative (s) on January 8, 2014, Estate of EDWARD BOTHWELL, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 24, 31 & Feb 7, 2014

______________

NOTICE TO

FILE CLAIMS

STEVEN JOHN DENSON, appointed Personal Representative (s) on December 17, 2013, Estate of EDITH MARIA DENSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 24, 31 & Feb 7, 2014

______________

NOTICE TO

FILE CLAIMS

J. BRYAN ECHOLS, appointed Personal Representative (s) on December 10, 2013, Estate of JOHN ELLIOTT ECHOLS, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 24, 31 & Feb 7, 2014

______________

NOTICE TO

FILE CLAIMS

TERRI G. HAMMONDS, appointed Personal Representative (s) on January 10, 2014, Estate of NORDINE B. GAZAWAY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 24, 31 & Feb 7, 2014

______________

NOTICE TO

FILE CLAIMS

LARRY J. MCCRELESS, appointed Personal Representative (s) on January 21, 2014, Estate of ROSEBUD GRIFFITH MCCRELESS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 31, Feb 7 & 14, 2014

______________

NOTICE TO

FILE CLAIMS

PIERCE H. WILLIAMS, JR, appointed Personal Representative (s) on December 30, 2013, Estate of PATRICIA WILLIAMS BUTLER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 31, Feb 7 & 14, 2014

______________

NOTICE TO

FILE CLAIMS

LINDA P. SOWARDS, appointed Personal Representative (s) on January 14, 2014, Estate of GUY G. SOWARDS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 31, Feb 7 & 14, 2014

______________

NOTICE TO

FILE CLAIMS

VERNON OLIVER, appointed Personal Representative (s) on November 26, 2013, Estate of LOIS ONDEAN MINYARD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 31, Feb 7 & 14, 2014

______________NOTICE TO

FILE CLAIMS

DEBRA TOSH (HONEYCUTT), appointed Personal Representative (s) on September 27, 2013, Estate of AMY 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

Jan 31, Feb 7 & 14, 2014

______________

LEGAL NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. CV-2013-900965.00

CATHY MURDOCK,

PLAINTIFF

V.

WILLIAM CRAIG WILLARD, 21ST CENTURY CENTENNIAL INSURANCE COMPANY, 

DEFENDANTS

WILLIAM CRAIG WILLARD, a Defendant, whose whereabouts is unknown, must answer the Plaintiffs complaint for damages, and to respond within thirty days after the last publication or suffer appropriate sanctions of the Court, wherein a judgment by default may be rendered against said Defendant in the above styled case.

Done this 3rd day of January, 2014.

/s/ William B Ogletree

Circuit Judge

Jan 10, 17, 24 & 31, 2014

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: THE ESTATE OF DONALD JORDAN

CASE NO. S-6164

NOTICE OF FILING OF PARTIAL OR FINAL SETTLEMENT

YOU WILL TAKE NOTICE THAT ALLEN O’BRYANT, as Conservator of the Estate of DONALD JORDAN, filed its account and vouchers for a partial or final settlement of said Estate on the 20th day of November, 2013 and that the 18th day of February, 2014at 2:30 o’clock p.m., has been appointed to hear said settlement.

DONE this 10th day of January, 2014.

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________NOTICE OF

PUBLICATION

THE STATE OF ALABAMA, COUNTY OF ETOWAH

COURT OF PROBATE

CASE NO. S-6376

ESTATE OF ERICA ZAGATA, DECEASED

Notice to all creditors, heirs or distributes and all other persons interested in the Estate of Erica Zagata, deceased:

You will hereby take notice that Eric Zagata, as Personal Representative of the Estate of Erica Zagata, filed a Report of Insolvency of said Estate on the 12th day of November, 2013.

You are hereby notified that a hearing on the Petitioner’s Report of Insolvency will be held at my office in the Etowah County Courthouse, on the 18th day of February, 2014, at 2:00 o’clock p.m. when the Report of Insolvency will be considered, and you may show cause, if any, why the report of insolvency should be denied.

Done this the 9th day of January, 2014 in Gadsden, Alabama

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

LEGAL NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

KRISTY DAWN GRIFFITH,

PLAINTIFF

VS.

FRED TAYLOR GRIFFITH,

DEFENDANT

You will take notice that a complaint in the above styled action seeking a divorce and sole custody of minor children was filed against you in the Etowah County Circuit Court on August 28, 2013, Case No. DR-2013-900396.00 and that by reason of an order for service of summons by publication entered by this Court on January 7, 2014.

Please be advised that should you intend to contest this petition, you must file a written response within thirty (30) days of the date of the last publication herein with Brynn T. Crain whose name and address is shown below, and with the Clerk of the Circuit Court of Etowah County, Alabama, 801 Forrest Avenue, Suite 202 Gadsden, AL 35901.

Done this the 11th day of January, 2014.

Brynn T. Crain

153 9th Street

Gadsden, AL 35901

William H. Rhea

Circuit Judge

Jan 24, 31, Feb 7 & 14, 2014

______________

LEGAL NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

FREDERICK ERIN,

Plaintiff,

v.

ALHAMOUND ABDOUL-JALIL,

Defendant.

In this cause, if appearing from the above captioned complaint and affidavit, have been read and considered; and it appearing that the Defendant is over the age of nineteen (19) years and that he cannot be located after due diligence be found within the State of Alabama and 

It is ordered that the Defendant file with the Attorney for the Plaintiff a written answer or other defense to the allegations of the Complaint filed against him in this cause before the 31st day of March, 2014, or upon the expiration of thirty days from said date, a Default will be entered against him for the relief sought in the complaint.

Done this 22nd day of August, 2013.

/s/ William H Rhea III

Circuit Judge

Jan 31, Feb 7, 14 & 21, 2014

______________PUBLICATION ON

ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, AL

NOTICE TO: TRACI MICHELLE SMITH, WHOSE ADDRESS IS UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a child born to Traci Michelle Smith, Natural Mother, set to be heard on March 4, 2014 at 11:00 a.m., was filed on the 27th day of November, 2014, alleging that the location of the biological mother of said minor child is unknown and has not been disclosed to the Court.

The minor child’s birth date is: 01/06/2007.

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 John D McCord, Esquire, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this 9th day of January, 2014.

John D. McCord

756 Chestnut Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Jan 17, 24 & 31, 2014

______________

NOTICE OF

PUBLICATION

PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: S-7796

IN THE MATTER OF THE ESTATE OF ROBERT ORVEL SANFORD, DECEASED

TO: KARLA MCGILL

TINA ANDERSON has filed in this court an instrument purporting to be the Last Will and Testament of ROBERT ORVEL SANFORD, deceased, and prays for admission to probate said instrument as the true Last Will and Testament of said decedent.

You are hereby further notified to appear on or before the 5th day of March, 2014, at 10:00 o’clock a.m.

Dated this 23rd day of January, 2014.

Bobby M. Junkins

Judge of Probate

Jan 31, Feb 7 & 14, 2014

______________

NOTICE OF

CUSTODY

ACTION

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF JADEN STOVALL (PRUITT)

DOB: 04/22/2010

LAURA STEVENSON, whose whereabouts is unknown, must answer the Petition of ANGELIQUE NORTON and Husband BRENCIN NORTON, seeking Emergency Custody and other relief by January 31, 2014 or thereafter a judgment by default may be rendered against her in Juvenile Action No.: JU-13-441.01 Juvenile Court of Etowah County, Alabama. 

Dated this the 9th day of December, 2013.

Cassandra Johnson

Juvenile Clerk

Jan 31, Feb 7, 14 & 21, 2014

______________

A BILL

TO BE

ENTITLED

AN ACT

 

Relating to the City of Gadsden in Etowah County; authorizing an election to allow the sale of alcoholic beverages sold for on-premises and off-premises consumption seven days a week by properly licensed retail licensees serving the general public within the city.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only to the City of Gadsden.

Section 2. (a) The voters of the City of Gadsden may authorize the sale of alcoholic beverages for on and off premises consumption within the municipality seven days a week by an election pursuant to this act, in the following manner:

The governing body of the City of Gadsden, by resolution, shall call an election for the municipality to determine the sentiment of the voters of the municipality residing within the corporate limits, as to whether or not it may determine whether alcoholic beverages can be legally sold or distributed on Sunday for on-premises and off-premises consumption within the municipality.

(b) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages for on and off premises consumption within the corporate limits of the City of Gadsden seven days a week? Yes ___ No ___.”

(c) The first election shall be held at the municipal election in 2014 and any subsequent elections shall be held and the officers appointed to hold the election in the manner provided by law for holding other municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal elections.

(d) Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the town or city hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold seven days a week in the municipality. The cost of the election shall be paid out of the general fund of the municipality.

(e) Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote “Yes,” alcoholic beverages may be legally sold or dispensed within the corporate limits of the municipality for on and off premises consumption seven days a week by licensees of the Alcoholic Beverage Control Board and the City of Gadsden serving the general public in accordance with applicable laws and regulations. The municipality may enact, by ordinance, such policies it deems appropriate to regulate any aspect of the sale of alcoholic beverages for seven days a week.

(f) If a majority of the voters voting in the municipal election vote “No,” alcoholic beverages may not be sold or dispensed in the municipality seven days a week, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages seven days a week.

(g) A period of not less than 360 days shall elapse between the dates of elections pursuant to this act.

Section 3. The provisions of this act are cumulative and supplemental to the present power and authority of the City of Gadsden and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the City of Gadsden now permitted under the general laws of the state, or under any local or special act of the Legislature.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Jan 24, 31, Feb 7 & 14, 2014

 
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