Legal notices for the week of Feb. 7- Feb. 13, 2014

February 7, 2014 chris
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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

______________

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 executed by Danny Jay Stowers, unmarried, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Residential Financial Corporation, dated January 16, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3380416.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, NA. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, NA, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on April 9, 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 wood post with tack at the Southeast Corner of the Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼), government Lot Number Eight (8), Section Twenty (20), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian, Etowah County, Alabama and run Northerly along the East line thereof, 440.00 feet to a point; thence deflect 86 degrees 26 minutes 01 second left leaving said East line and run Westerly, 380.36 feet to the point of beginning of the property described herein; thence continue Westerly 722.48 feet to a point on the Southeasterly R/W of Mountainboro Road (60` R/W), thence deflect 126 degrees 16 minutes 59 seconds right and run Northeasterly along said R/W, 250.00 feet to a point; thence deflect 53 degrees 43 minutes 01 second right leaving said R/W and run Easterly, 574.53 feet to a point; thence deflect 90 degrees 00 minutes 00 second right and run Southerly 201.53 feet to the point of beginning. Said [property being a portion of the Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼), Government Lot Number Eight (8), Section Twenty (20), Township Ten (1) South, Range Five (5) East, Etowah County, Alabama and contains 3.00 acres (more or less).

Property Street Address: 3256 Mountainboro Road, Boaz, AL 35956 (provided for informational purposes only)

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

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

Wells Fargo Bank, NA

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

1 Independence Plaza

Suite 416

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90002040-13

Feb 7, 14 & 21, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Darnisia Belcher, a single woman, to 1st Community Credit Corp., on the 29th day of June, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3250190; 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 April 7, 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 Number Two (2) in Block Number Fourteen (14), of the Interurban Land Company’s First Addition, to Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book “B”, pages 206 and 207, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, 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

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

301717

Feb 7, 14 & 21, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kevin Tullis and wife, Angela Tullis, to Mortgage Electronic Registration Systems, Inc., solely as nominee for EquiFirst Corporation, on the 25th day of August, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2004-3831; said mortgage having subsequently been transferred and assigned to U.S. Bank Trust, N.A., as Trustee for VOLT Asset Holdings Trust XVI; the undersigned U.S. Bank Trust, N.A., as Trustee for VOLT Asset Holdings Trust XVI, by Caliber Home Loans, Inc., as its attorney in fact, 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 24, 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 the Northwest corner of the Northeast quarter of the Southwest quarter of Section 11, Township 11 South, Range 6 East; thence South 89 Degrees 30 Minutes 00 Seconds East along the North line of said quarter a distance of 784.32 feet; thence South 00 Degrees 30 Minutes 00 Seconds West a distance of 102.14 feet to the point of beginning; thence South 84 Degrees 30 Minutes 57 Seconds East a distance of 319.87 feet; thence South 07 Degrees 28 Minutes 36 Seconds East a distance of 303.31 feet; thence North 67 Degrees 14 Minutes 37 Seconds West a distance of 314.76 feet to a point in the Northerly line of Yates Road; thence North 00 Degrees 04 Minutes 31 Seconds East and leaving said Northerly line a distance of 95.12 feet; thence North 29 Degrees 22 Minutes 44 Seconds West a distance of 131.55 feet to the point of beginning, said lands containing 1.53 acres more or less and being a part of the Northeast quarter of the Southwest quarter all in Section 11, Township 11 South, Range 6 East, said lands being subject to any rights of roadways or easements thereon.

Also: A 30 foot easement of equal width described along the center line as follows: Commence at the Southeast corner of the above described lands; thence North 82 Degrees 34 Minutes 49 Seconds West and along the Northerly line of Yates Road a distance of 15.13 feet to the point of beginning and the center line of said 30 foot easement; thence leaving said Northerly line and along said centerline as follows: North 00 Degrees 04 Minutes 31 Seconds East 89.24 feet; thence North 29 Degrees 22 Minutes 44 Seconds West a distance of 138.06 feet to the end of said 30 foot easement.

Property Street Address:  201 Yates Road, Gadsden, AL  35904

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

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

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

This sale is subject to postponement or cancellation.

U.S. Bank Trust, N.A., as Trustee for VOLT Asset Holdings Trust XVI, by Caliber Home Loans, Inc., as its attorney in fact, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

295741

Feb 7, 14 & 21, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher S. McKinney, an unmarried man, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for MortgageAmerica, Inc, Corporation, dated November 5, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3341021.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, NA. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, NA, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on March 26, 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 numbers One (1) and Two (2) in Block Five (5) of Mountain Top Estates, as recorded in Plat Book “F”, Page 203, Probate Office, Etowah County, Alabama. Said proeprty is conveyed subject to an easement for ingress and egress over and across said property as shown by Instrument #3289738, Probate Office, Etowah County, Alabama.

Property Street Address: 300 Brow Drive, Gadsden, AL 35904-3520 (provided for informational purposes only)

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

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

Wells Fargo Bank, NA

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

1 Independence Plaza

Suite 416

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90000054-14

Feb 7, 14 & 21, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default has been made in the terms of the Mortgage executed by Bluah Holley to GADCO CORPORATION, MORTGAGEE, dated July 9, 2001 and recorded in Document Number M-2001-2998, Probate Office, Etowah County, Alabama.

Default has continued, the mortgagee, under the power of sale contained in the Mortgage, will sell at public auction for cash to the highest bidder at the front steps at the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale, on the 5th day of March, 2014, the following real estate:

Lot Number Eight (8) in Block number One (1) in the Woodlawn Addition, according to the map or plat thereof recorded in Book of Town Plats “A”, Page 15 in the office of the Judge of Probate of Etowah County, Alabama.

Property address: 914 South 15th Street, Gadsden, Alabama, 35901/

The sale is made for the purpose of foreclosing the mortgage, paying the mortgage indebtedness, costs and expenses of foreclosure, including the attorney’s fee.

Mortgagee reserves the right to bid on the property. The Mortgage is a first mortgage.

Jack Floyd, ESQ

Attorney for Mortgagee

808 Chestnut Street

Gadsden, AL 35901

Feb 7, 14 & 21, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vickey Pettit, an unmarried woman, to Ameriquest Mortgage Company, on February 16, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at instrument Number M-2004-0906; and subsequently transferred and assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R3, and said assignment being recorded in MISCELLANEOUS Instrument Number 3393928; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R3, 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 January 29, 2014, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number 26, in Lake View Estates, according to the Map or Plat thereof recorded in Plat Book “J”, at Page 121, 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.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R3

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

(205) 970-2233

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO February 19, 2014 AT THE TIME AND PLACE SET OUT ABOVE

Feb 7, 2014

______________

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

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO February 11, 2014 AT THE TIME AND PLACE SET OUT ABOVE

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO March 18, 2014 AT THE TIME AND PLACE SET OUT ABOVE

Feb 7, 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

______________

NOTICE TO

FILE CLAIMS

DANNY JEROME STOWERS, appointed Personal Representative (s) on January 7, 2014, Estate of NELLE D STOWERS, deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE TO

FILE CLAIMS

THOMAS LAMAR SMITH, appointed Personal Representative (s) on January 22, 2014, Estate of JESSE W. THOMPSON, deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE TO

FILE CLAIMS

CHARLES R. KELLEY, appointed Personal Representative (s) on January 28, 2014, Estate of CHARLES R. KELLEY, SR., deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE TO

FILE CLAIMS

REGINA HALE FINLAYSON, appointed Personal Representative (s) on January 28, 2014, Estate of BETTY LEE SWINFORD HALE, deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE TO

FILE CLAIMS

MARTHA RUTH SMITH POUNDS, appointed Personal Representative (s) on January 24, 2014, Estate of CLIFTON LOVELL POUNDS, deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE TO

FILE CLAIMS

DAVID MANOJLOVICH, appointed Personal Representative (s) on January 27, 2014, Estate of OLIVE B. BREWER, deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE TO

FILE CLAIMS

TRACY LEIGH MARTIN, appointed Personal Representative (s) on January 21, 2014, Estate of WILLIAM A. MARTIN, JR., deceased, Probate Court of Etowah County, Alabama all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 7, 14 & 21, 2014

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to State of Alabama, P.O. Box 327210, Montgomery, AL. 36132, and Stephanie Guinn a/k/a Stephanie Sumpter, 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,  FEBUARY 18TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1006 HERMOSA AVENUE  in District 3 in the City of Gadsden, more particularly described as: 

              

Lot 3 in Block 5 of Ward Addition, according to the map thereof recorded in Plat Book B, Page 53, 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

Feb 7, 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

______________

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

______________

NOTICE OF

ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-678

Notice to: Unknown father

Take notice that a Petition for the Adoption of a child born to Lori Danielle Partee (natural mother), is set to be heard on the 9th day of April, 2014, at 11:00 o’clock a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor child’s birth date is September 27, 2010.

Please be advised that if 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 counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the Probate Court.

DONE this 3rd day of February, 2014.

Bobby M. Junkins

Judge of Probate

Name and address of attorney

Jared D. Vaughn, Esq.

827 Chestnut Street

Gadsden, AL 35901

256-547-4444

Feb 7, 14, 21 & 28, 2014

______________

NOTICE TO

CONTRACTORS

Federal Aid Project No.

STPAA-HSIP- 0132(502)

ETOWAH COUNTY, Alabama

Sealed bids will be received by the Director of Transportation at the office of the Alabama Department of Transportation, Montgomery, Alabama until 10 AM., February 28, 2014, and at that time publicly opened for constructing the following:

PLANING, SAFETY WIDENING, RESURFACING, AND TRAFFIC STRIPE ON SR-132 FROM THE BLOUNT COUNTY LINE IN ALTOONA TO THE INTERSECTION OF SR-74

The Length Of This Project Is: 7.699 Miles.

The total amount of uncompleted work under contract to a contractor must not exceed the amount of his or her qualification certificate.

The Entire Project Shall Be Completed In Sixty

 (60) Working Days.

A 5.00% DBE Contract Obligation Is Required.

A Bidding Proposal may be purchased for $5.00.

Plans may be purchased for $5.00 per set.

Plans and Proposals are available at the Alabama Department of Transportation, 1409 Coliseum Boulevard, Room E-108, Montgomery, AL 36110.  Checks should be made payable to the Alabama Department of Transportation.  Plans and Proposals will be mailed only upon receipt of remittance.  No refunds will be made.

Minimum wage rates for this project have been pre-determined by the Secretary of Labor and are set forth in the advertised specifications.  This project is subject to the contract work hours and Safety Standards Act and its implementing regulations.

Cashier’s check or bid bond for 5% of bid (maximum – $10,000.00) made payable to the Alabama Department of Transportation must accompany each bid as evidence of good faith.

The bracket range is shown only to provide general financial information to contractors and bonding companies concerning the project’s complexity and size.

This Bracket should not be used in preparing a bid, nor will this bracket have any bearing on the decision to award this contract.

The Bracket Estimate On This Project Is From $2,327,347 To $2,844,535

The proposed work shall be performed in conformity with the rules and regulations for carrying out the Federal Highway Act.

Plans and Specifications are on file in Room E-108 of the Alabama Department of Transportation at Montgomery, Alabama 36110.

In accordance with the rules and regulations of The Alabama Department of Transportation, proposals will be issued only to prequalified contractors or their authorized representatives, upon requests that are received before 10 AM., on the day previous to the day of opening of bids.

The bidder’s proposal must be submitted on the complete original proposal furnished him or her by the Alabama Department of Transportation.

The Alabama Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D TO 2000D-4 and Title 49 code of Federal Regulations, Department of Transportation, Subtitle A, Office of The Secretary, Part 21, nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, or national origin in consideration for an award.

The right to reject any or all bids is reserved.

JOHN R. COOPER

Transportation Director

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