Legal notices for the week of Dec. 5 - Dec. 11, 2014

December 5, 2014 chris
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 MORTGAGE


FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Bryan O. Chapman to GAP, LLC, dated September 4, 2009, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument No. 3319782; the undersigned mortgage owner, GAP, 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 23rd day of December, 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:

Lot 27 of Thompson Estates, as recorded in Plat Book “L”, Page 70, Probate Office, Etowah County, Alabama.

 

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

GAP, LLC

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Nov 21, 28 & Dec 5, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Terry Ash, a single man, to John Serafini and Sheral Serafini dated February 16, 2007, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3265244; the undersigned mortgage owners, John Serafini and Sheral Serafini, have 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 23rd day of December, 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:

Lot Twenty-four (24) in Block One (1) of Chadwick Subdivision, as recorded in Plat Book “C”, Page 323, in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

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

John Serafini and Sheral Serafini

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Nov 21, 28 & Dec 5, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Renee Eubanks to Ronnie Bradley dated January 18, 2012, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument No. 3363553; the undersigned mortgage owner, Ronnie Bradley, 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 23rd day of December, 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:

Lot Six (6) of Sand Valley Estates Subdivision as shown by map or plat recorded in Plat Book “I”, Pages 102-103, Probate Office, Etowah County, Alabama, lying and being in Section 2, Township 11 South, Range 2 East, Etowah County, Alabama.  

Together with 1984 Cavalier 14 x 80 Mobile Home located on the above described property.

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

Ronnie Bradley

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Nov 21, 28 & Dec 5, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Stanley Hawkins, a married man joined by his wife Deborah Hawkins, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Homecomings Financial Network, Inc., on April 21, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc #:, M-2004-1667; and subsequently transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee for RAMP 2004RS5; The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2004-RS5, 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 6, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number 6 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.

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

The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2004-RS5

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Nov 21, 28 & Dec 5, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that mortgage dated December 28, 2007, in favor of The HomeTown Bank of Alabama, a corporation, and executed by John Gregory Gibbs and spouse, Rhonda Wright Gibbs, which mortgage is recorded January 7, 2008, in Instrument Number 3286438, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on December 12, 2014, the following described real estate situated in Etowah County, Alabama, to-wit:

Lots Numbers One (1), Two (2), and Three (3), in Block Number One (1), in W. R. Prince’s Choctaw Heights Addition to Altoona, Alabama, according to the map thereof, as recorded in Plat Book “G”, Page 77, Probate Office, Etowah County, Alabama, lying and being in Etowah County, Alabama. (w\j34621)      

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2014 and October 1, 2015, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, subject to an easement to Alabama Power Company of record in Book 744, Page 55, and subject to an easement to Hopper Telephone Company, in Book 1381, Page 297, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.

JONES AND MILWEE, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

Nov 21, 28 & Dec 5, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 5, 2011, executed by Adam Mark Cash and Lana Brooke Cash, husband and wife, to Taylor Mortgage Inc., which mortgage was recorded on July 6, 2011, in Instrument No. 3351963, 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, N.A., 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 13, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

A part of the Northwest Quarter of the Northeast Quarter of Section 12, Township 10 South, Range 5 East, Etowah County, Alabama, more particularly described as follows:  from the Northeast corner of the Northeast Quarter of the Northeast Quarter of said Section 12; thence North 88 degrees 33 minutes 09 seconds West, 1676.55 feet to an iron set on the South right of way of Horton Gap Road and the point of beginning; thence leaving road run South 1 degree 35 minutes 19 seconds West, 317.79 feet to the center of Bowen Creek; thence along center of creek as follows:  South 79 degrees 24 minutes 18 seconds West, 78.25 feet; North 17 degrees 15 minutes 25 seconds West, 74.64 feet; North 53 degrees 29 minutes 06 seconds West, 348.91 feet; North 59 degrees 40 minutes 19 seconds West, 68.68 feet; North 86 degrees 32 minutes 01 seconds West, 63.44 feet; thence leaving creek run North 1 degree 35 minutes 26 seconds East, 33.00 feet to an iron found; thence South 88 degrees 24 minutes 34 seconds East, 480.29 feet to an iron set on the South right of way of Horton Gap Road; thence South 80 degrees 28 minutes 20 seconds East, 30.29 feet along right of way to the point of beginning.

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

Nov 28, Dec 5 & 12, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Roy Stevens and Tiffany Stevens, to Jackie Allen Murray, dated November 23, 2010, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number; 3341791, the undersigned mortgage owner, Jackie Allan Murray, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 29th day of December, 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:

Lot Number Twenty (20) in Block Number Four (4), in Forman Homesites Addition, according to the map or plat thereof recorded in Plat Book “E”, Pages 148 and 159, Probate Office, Etowah County, Alabama; and lying and being in Attalla, Etowah County, Alabama.

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

Jackie Allan Murray

Mortgage Owner

Brian Keith Copeland

Copeland and Copeland, LLC

Attorney for owner

Nov 28, Dec 5 & 12, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 1, 2005, executed by Thomas Wildman, an unmarried man, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Hometown Mortgage Services, Inc., which mortgage was recorded on September 2, 2005, in Document No. M-2005-3739, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to The Bank of New York Mellon, f/k/a as The Bank of New York, as trustee for the certificate holders of CWABS, Inc., Asset-Backed Certificates Series 2005-14, 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 13, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Fourteen (14) in Block Number Three (3) in M. F. Wall’s Subdivision, according to the map thereof recorded in Plat Book E, Page 57, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

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

The Bank of New York Mellon , f/k/a as The Bank of New York, as trustee for the certificate holders of CWABS, Inc., Asset-Backed Certificates Series 2005-14 Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Nov 28, Dec 5 & 12, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 9, 2007, executed by Thomas E. Bennett, a married man, and wife, Jennifer L. Bennett, to Mortgage Electronic Registration Systems, Inc. solely as nominee for MortgageAmerica, Inc., which mortgage was recorded on July 11, 2007, in Instrument No. 3274777, 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 January 13, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Parcel One:

Commencing at the Northwest Corner of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East in Etowah County, Alabama. Thence South 02 degrees 30 minutes 00 seconds East 131.8 feet to a point; thence along the North margin of Jack Floyd Drive South 89 degrees 35 minutes 00 seconds East 600.00 feet to an iron pin found, the point of beginning for the property herein described; thence leaving said North margin North 00 degrees 19 minutes 21 seconds East 174.82 feet to an iron pin found, thence South 89 degrees  45 minutes 41 seconds East 150.40 feet to an iron pin found, thence South 00 degrees 30 minutes 37 seconds West 175.29 feet to an iron pin found on the North margin of said drive; thence along the said North margin North 89 degrees 35 minutes 00 seconds West 149.83 feet to the point of beginning, containing 0.60 acres, more or less.

Parcel Two:

All that part of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of Huntsville Meridian more particularly described as follows: Commencing at the Northwest Corner of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian; thence South 89 degrees 40 minutes 00 seconds East a distance of 774.74 feet to the point of beginning. From said point of beginning South 03 degrees 03 minutes 38 seconds East a distance of 798.25 feet to a point on the Northerly right-of-way of Jack Floyd Street (Smith Road); thence along said right of way North 89 degrees 43 minutes 57 seconds West a distance of 71.76 feet to a point; thence leaving said right of way North 00 degrees 21 minutes 23 seconds East a distance of 175.11 feet to a point; thence North 89 degrees 43 minutes 21 seconds West a distance of 150.30 feet to a point; thence North 16 degrees 01 minute 31 seconds East a distance of 646.05 feet to the point of beginning, less and except any easements or rights of way, and being a portion of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian, 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

Nov 28, Dec 5 & 12, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on October 24, 2012 by Zachary L. Crews, a married man and wife, Courtney M. Crews, originally in favor of JPMorgan Chase Bank, N.A., and recorded in Instrument # at 3376296 on November 9, 2012, in the Office of the Judge of Probate of Etowah County, Alabama JPMorgan Chase Bank, N.A.. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on January 5, 2015, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot 11 of the Willow Wood Estates Subdivision and located in the NW 1/4 of the SW 1/4 of Section 12, Township 10 South, Range 4 East, as recorded in Plat Book “L” Page 97 in the Probate Office of Etowah County, Alabama. 

For informational purposes only, the property address is: 79 Willow Wood Ln, Boaz, AL 35956.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

JPMorgan Chase Bank, N.A., and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 14-006245

Attorneys for Mortgagee or Transferee

Dec 5, 12 & 19, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated November 6, 2002 executed by Keith D. Pruitt, a single man, in favor of Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Homecomings Financial Network, Inc., said Mortgage being recorded November 14, 2002, in Doc #M-2002-5303 in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Green Tree Servicing LLC by instrument recorded in Instrument No. 3388613 in the Office of the Judge of Probate of Etowah County, Alabama. Said default continues and notice is hereby given that the undersigned, Green Tree Servicing LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on January 12, 2015, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit: 

Lot Number Twelve (12), in First Addition to Oakland Heights, according to the plat thereof recorded in Plat Book “I”, Page 14, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Southside, Etowah County, Alabama.

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

This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage. 

Green Tree Servicing LLC

Paul K. Lavelle

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

(205) 298-1800

Dec 5, 12 & 19, 2014

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by KEVIN GRACE and JENIFER GRACE, as mortgagors, to GAP, LLC, as mortgagee, dated the 21st day of May, 2009, and recorded as Instrument Number 3313905 in the office of the Judge of Probate, Etowah County, Alabama, and said default continuing, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder at 12:00 o’clock noon, on the 23rd day of December, 2014, at the front door of the Etowah County Courthouse, Gadsden, Alabama, the following described real property situated in Etowah County, Alabama, to-wit:

Lot 26 of the Thompson Estates as recorded in Plat Book AL@, Page 70, Probate Office, Etowah County, Alabama.

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

By: MORTGAGEE

INZER, HANEY McWHORTER & HANEY LLC

Attorneys for Mortgagee

Post Office Drawer 287

Gadsden, Alabama 35902

256-546-1656

Dec 5, 12 & 19, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Ronald Joe Byers, an unmarried man, originally in favor of The Bank, on the 12th day of February, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2003-0722; the undersigned Cadence Bank, NA successor by merger to Superior Bank, National Association f/k/a Superior Bank f/k/a The Bank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on January 12, 2015, 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 SE corner of the NE 1/4 of the SE 1/4, Section 17, Township 13 South, Range 6 East of the Huntsville Meridian, Etowah County, Alabama and run Northerly along the East line thereof 1295.00 feet to a point on the South right of way of Mountain View Road (60 feet right of way); thence deflect 88 degrees 45 minutes 00 seconds left and run Westerly along said right of way 660.00 feet to an existing 2 inch pipe and the point of beginning; thence continue Westerly along said right of way 175.00 feet to a point; thence deflect 91 degrees 10 minutes 29 seconds left leaving said right of way and run Southerly 130.00 feet to a point; thence deflect 66 degrees 14 minutes 07 seconds left and run Southeasterly 191.17 feet to a point; thence deflect 113 degrees 45 minutes 52 seconds left and run Northerly 223.45 feet to the point of beginning. Said property being a portion of the NE 1/4 of the SE 1/4, Section 17, Township 13 South, Range 6 East, Etowah County, Alabama.

Property street address for informational purposes:  3537 Mountainview Dr, Southside, AL 35907

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, NA successor by merger to Superior Bank, National Association f/k/a Superior Bank f/k/a The Bank, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

333890

Dec 5, 12 & 19, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Leo Baskin and Betty D. Baskin, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for AmSouth Bank, on the 20th day of October, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3257695; said mortgage having a  Partial Release recorded in Instrument Number 3354490; the undersigned U.S. Bank National Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 17, 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 Twelve (12), Thirteen (13) and Fourteen (14) in Block Number One (1) of the Crestview Land Company’s Addition to Gadsden, Etowah County, Alabama, according to the plat thereof as the same appears of record in Plat Book D, Page 145, in the Probate Office of Etowah County, Alabama.

Less and Except:

Southwest half of Lot 14, Block One (1) of the Crestview Land Company’s Addition to Gadsden, Etowah County, Alabama according to the plat thereof as the same appears of record in Plat Book D, Page 145, in the Probate Office, Etowah County, Alabama.

Property street address for informational purposes:  609 Crestview Drive, 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.

U.S. Bank National Association, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

244238

The above mortgage foreclosure sale has been postponed until 01/26/2015 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

KIM MCKENNY appointed Personal Representative (s) on November 10, 2014 Estate of FAY L. WALKER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

MICHAEL LEE ALLSUP appointed Personal Representative (s) on November 13, 2014 Estate of HELEN BRYANT ALLSUP, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

RUEBEN PARKER, JR, SUSAN E. GUTHERIE, AND STEVEN MARTIN appointed Personal Representative (s) on October 17, 2014 Estate of RUEBEN A. PARKER, 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

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

SHERI LEIGH WHITE AND TODD WISSLER appointed Personal Representative (s) on November 6, 2014 Estate of RONALD F. WISSLER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

RICHARD L. SMITH appointed Personal Representative (s) on October 27, 2014 Estate of SHERRY JEANNE SMITH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

EDWARD WARREN appointed Personal Representative (s) on November 7, 2014 Estate of KENNETH ROY CHEAVES, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

DANNY SUMPTER appointed Personal Representative (s) on November 5, 2014 Estate of RICKY DERAMUS HUNDLEY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

RANDALL MAXWELL SCOTT appointed Personal Representative (s) on November 6, 2014 Estate of OPAL DANA SCOTT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

PATSY GAIL SMITH AND TERESA ANN SMITH appointed Personal Representative (s) on October 31, 2014 Estate of TIM NEAL SMITH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 21, 28 & Dec 5, 2014

______________

NOTICE TO

FILE CLAIMS

SHARON PAUL appointed Personal Representative (s) on October 22, 2014 Estate of ROBERT L. WASHINGTON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 28, Dec 5 & 12, 2014

______________

NOTICE TO

FILE CLAIMS

MICHEY JOE STEPHENS appointed Personal Representative (s) on November 12, 2014 Estate of CLAUDIA SILVEY STEPHENS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 28, Dec 5 & 12, 2014

______________

NOTICE TO

FILE CLAIMS

NORA LYNN BROOKS appointed Personal Representative (s) on November 13, 2014 Estate of BOBBY W. O’REAR, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 28, Dec 5 & 12, 2014

______________

NOTICE TO

FILE CLAIMS

ANGELA TUBB appointed Personal Representative (s) on November 17, 2014 Estate of MILDRED G. BAKER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 28, Dec 5 & 12, 2014

______________

NOTICE TO

FILE CLAIMS

MARK BLACK appointed Personal Representative (s) on November 3, 2014 Estate of JOAN W. BLACK, 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

Dec 5, 12 & 19, 2014

______________

NOTICE TO

FILE CLAIMS

TARA HORTON appointed Personal Representative (s) on November 24, 2014 Estate of RAY CALVIN MILLER, 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

Dec 5, 12 & 19, 2014

______________

NOTICE TO

FILE CLAIMS

BERNADETTE STAR TUCKER PARR appointed Personal Representative (s) on November 19, 2014 Estate of JEFFERY EUGENE TUCKER, 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

Dec 5, 12 & 19, 2014

______________

NOTICE TO

FILE CLAIMS

CHARLES EARL STEPHENS appointed Personal Representative (s) on November 21, 2014 Estate of YVONNE C. STEPHENS, 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

Dec 5, 12 & 19, 2014

______________

NOTICE TO

FILE CLAIMS

REGINA RICKLES JOHNSON AND JULIE RICKLES ANDERSON appointed Personal Representative (s) on November 24, 2014 Estate of DORIS JEAN RICKLES, 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

Dec 5, 12 & 19, 2014

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to ENATRA A. HALE, 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, DECEMBER 16TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 919 S 12TH STREET in District 5 in the City of Gadsden, more particularly described as: 

H/S Base Year-N 35’ of Lot 33 & S 15’ of Lot 34, Block 4 in Woodlawn Addition, Plat “A”, Page 15, Gadsden Sec 8, Twp 12S R 6E, Book 1219, Pg 413, Gadsden 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

Dec 5, 2014

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL 36132, and ROBERT BECK JR. and SHARON FREEMAN BECK, 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, DECEMBER 16TH,  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 715 DODGE LANE in District 7 in the City of Gadsden, more particularly described as:

The West half (W1/2) of Lot Number Three (3) and Lot Number Two (2), in Block Number One (1), in Williams Heights, according to the map recorded in Plat Book “D”, Page 97,  Probate Office, Etowah County, Alabama, subject to all outstanding reservations of mineral, minerals and mining title and rights.

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

Dec 5, 2014

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL 36132, and ALPHONZO J. BOTHWELL and JERALDINE BOTHWELL; 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, DECEMBER 16TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 511 ALLAN STREET  in District 1 in the City of Gadsden, more particularly described as:

 

 Lot Numbers 6 (#6) in Block Number “H” (“H”) in in the Miller Highlands Addition to the City of Gadsden, Alabama, as the same appears of record in Plat Book “D”, Page Number 31, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being situated in the City of Gadsden, 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

Dec 5, 2014

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to IMOGENE RICE, 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, DECEMBER 16TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1606 BAKER AVENUE in District 1 in the City of Gadsden, more particularly described as: 

Lot Number Two (2) in Block Number Ten (10) in Glendale Subdivision to East Gadsden, according to the map or plat thereof as the same appears of record in Plat Book “E”, Page 53,  Probate Office, Etowah County, Alabama, and lying and being in East Gadsden, 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

Dec 5, 2014

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, AL 36132, and JIMMY LEE OWEN, 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, DECEMBER 16TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 308 KEISER STREET  in District 6 in the City of Gadsden, more particularly described as: 

The North twenty-seven (27) feet of Lot Number Nine (9) in Block Number Thirteen (13) in West Point Addition to Alabama City as shown on map of said property recorded in Town Plats “B”, Page 140, in the Office of Probate Judge, Etowah County, Alabama, and all being in Alabama City, now Gadsden, 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

Dec 5, 2014

______________

RESOLUTION NO. R-271-14

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

100 MORNINGVIEW COURT in District 2 in the City of Gadsden, more particularly described as:

Lot Number Twenty-one (21), in Block D,  of Oakleigh Estates, according to the map or plat thereof recorded in Plat Book G, Page 55, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to J.C. Clay and wife Helen Clay;

Now, Therefore, be it resolved by the City Council of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.   

Adopted by the City Council of Gadsden on November 25, 2014.

      

Iva Nelson, City Clerk

Dec 5, 2014

______________

RESOLUTION NO. R-272-14

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

217 MORNINGVIEW DRIVE in District 2 in the City of Gadsden, more particularly described as:

Lot Number Twenty-seven (27) in Block “M”, in Oakleigh Estates, according to the map or plat thereof recorded in Plat Book “G”, Page 55, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama.

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Willie Bell Kirkland;

Now, Therefore, be it resolved by the City Council of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

           

Adopted by the City Council of Gadsden on November 25, 2014.

      

Iva Nelson, City Clerk

 Dec 5, 2014

______________

RESOLUTION NO. R-273-14

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

1417 4TH AVENUE in District 5 in the City of Gadsden, more particularly described as:

Parcel One:  Beginning at the NE corner of Lot 10, Block 11 of Hill and Cansler addition to the City of Gadsden, and run West along the Northerly boundary line of said lot, a distance of 30 feet.  Then South and parallel with the East line thereof a distance of 75 feet.  Thence East and parallel with the north line, a distance of 26 feet.  Thence South and parallel with the East line of said lot to the southern boundary lien of said lot.  Thence East along the southern boundary line, a distance of 4 feet more or less to the SE corner of said lot.  Thence north along eastern boundary line of said lot to the point of beginning.  All of said lands in Gadsden, Etowah County, Alabama.

Parcel Two:  Lot Number Ten (10), Block Number Eleven (11) in the Hill and Cansler Addition to the City of Gadsden, Alabama, as same appears of record in the City of Gadsden, Etowah County, Alabama, together with all improvements thereon, except the following described property to wit:

Beginning at the NE corner of Lot 10, Block 11 of the Hill and Cansler addition to the City of Gadsden, and run West along the northerly boundary line of said lot, a distance of 30 feet.  Then South and parallel with the East line thereof a distance of 75 feet.  Thence East and parallel with the north line, a distance of 26 feet.  Thence South and parallel with the East line of said lot to the southern boundary line of said lot.  Thence East along the southern boundary line, a distance of 4 feet more or less to the SE corner of said lot.  Thence north along the eastern boundary line of said lot to the point of beginning.  All of said lands in Gadsden, Etowah County, Alabama.  

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and Sharon Gray;

Now, Therefore, be it resolved by the City Council of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.       

Adopted by the City Council of Gadsden on November 25, 2014.

      

Iva Nelson, City Clerk

Dec 5, 2014

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE LAST WILL AND TESTAMENT OF BRENDA G. GIBSON, DECEASED

CASE NO. S-8196

TO: DAWN WOOLLEY MIDKIFF, address unknown

You are hereby notified that there has been filed in this Court an instrument in writing purporting to be the Last Will and Testament of Brenda G. Gibson, deceased, and a petition in writing and under oath praying for the admission to probate and record in this Court of said instrument as the true Last Will and Testament of said decedent.

You are further notified to be and appear before this Court on the 20th day of January, 2015, at 2:00 p.m. o’clock, when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Brenda G. Gibson, deceased, should not be admitted to probate and record in this Court as the true Last Will and Testament of said decedent.

This 19th day of November, 2014.

Bobby M. Junkins

Judge of Probate

Nov 28, Dec 5 & 12, 2014

______________

NOTICE OF

SUMMONS

To: Celina M. Johnson you are notified that a motion has been filed in the case of Celina M. Johnson vs. Johnny D. Johnson, Circuit Court of Etowah County, Alabama, Case No.: DR-09-592.0 seeking return to the defendant of child support monies improperly paid into Court. You are commanded to file with the Clerk of the Court and to serve on the defendant’s attorney, Jack Floyd, an answer to the motion within thirty (30) days after the last publication of this notice, or default will be entered against you.

Dated this the 2nd day of December, 2014.

Cassandra Johnson

Circuit Clerk

Dec 5, 12, 19 & 26, 2014

______________

NOTICE OF

CUSTODY

ACTION

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF: DYLAN DOVER D.O.B. 04/09/03

CASE NO. JU-08-025.01

NOTICE TO: OVETTA SWEENEY

You will hereby take notice that SUSAN FAYE O’DELL, as Petitioner, has filed a Petition for Ex Parte, Pendente Lite and Permanent Custody. OVETTA SWEENEY shall have fourteen (14) days after publication to answer the Complaint.

DONE this the 17th day of October, 2014.

WD Russell

Dec 5, 12, 19 & 26, 2014