Legal notices for the week of Dec. 12 - Dec. 18, 2014

December 12, 2014 chris
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 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

ALABAMA, ETOWAH COUNTY 

Default having been made pursuant to the terms of that certain mortgage executed by Baeleigh L. Rodriguez aka Baeleigh Rodriguez, an unmarried woman to Mortgage Electronic Registration Systems, Inc acting solely as nominee for CitiMortgage, Inc., its successors and assigns dated March 3, 2008, said mortgage being recorded in Instrument No. 3290259  in the Office of the Judge of Probate of Etowah County, AL said Mortgage was last sold, assigned and transferred to Federal National Mortgage Association.  Federal National Mortgage Association, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, AL during the legal hours of sale, on January 8, 2015 the following real estate, situated in Etowah County, AL, to-wit: Lot Number Eight in Block One in Brookwood Addition to Gadsden, according to Map thereof recorded in Plat Book D, Pages 88 and 89, Probate Office and lying and being in Gadsden, Etowah County, Alabama.  Said property is commonly known as 417 N 15th St, Gadsden, AL 35903. The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due.  The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the property is Baeleigh L. Rodriguez aka Baeleigh Rodriguez or tenant(s). RCO Legal, P.C. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192 TS#: 1R415314 FEI # 2013. 02391

Dec 12, 19 & 26, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Earnest  E. St. Johns, and Teresa S. St. John, husband and wife, to Regions Bank, on the 3rd day of December, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M2004-0009.

The undersigned Regions Bank,  as 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 Court House at Gadsden, Etowah County, Alabama, on the 29th day of July, 2014, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit:

A lot or parcel of land described as beginning at the southwest corner of Lot Number Twenty-¬two (22), and from thence run in an easterly direction, and along the south line of said lot, a distance of 200 feet to a point; thence deflect an angle of 84°17’ to the left and run in a northerly direction, and parallel with the west line of said lot, a distance of 524.81 feet to a point in the north line thereof; thence run in a westerly or southwesterly direction, and along the north line of said lot, a distance of 130.28 feet to a point, thence deflect an angle of 1 °08’ to the left and run in a westerly or southwesterly direction, and along the north line of said lot, a distance of 75 feet to the northwest corner thereof; thence run in a southerly direction, and along the west line of said lot, a distance of 490.2 feet to the point of beginning, said description embracing the west 200 feet in W. L. Morris Subdivision, Hokes Bluff, according to map thereof recorded in Plat Book “D”, pages 166 and 167, Probate Office, Etowah County, Alabama, and lying and being in Hokes Bluff, Etowah County, Alabama,

Also, a lot or parcel of land described as beginning at a point in the south line of Lot No. 22 which is 100 feet easterly, measured along the south line of said lot, from the southwest corner thereof, and from thence run in an easterly direction and along the south line of said Lot Number 22 a distance of 100 feet to a point; thence run in a northerly direction parallel with the west line of said lot a distance of 524.81 feet to a point in the north line thereof; thence; runs, in a southwesterly direction along the north line of said lot a distance of 103.15 feet to a point; thence run in a southerly direction parallel with the west line of said lot a distance of 506.97 feet to the point of beginning, said description embracing a portion of Lot Number Twenty-two (22) in Block Number One (1) in W. L. Morris Subdivision, Hokes Bluff, according to the map thereof recorded in Plat Book “D”, pages 166 and 167, Probate Office, Etowah County, and lying and being in Hokes Bluff, Etowah County, Alabama subject to the rights of the Alabama Power Company as described in instrument recorded in Book “6-D”, Page 259, Probate Office, Etowah County, Alabama.

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

W. L. LONGSHORE, III

REGIONS BANK  

Attorney for Mortgagee  

 Mortgagee 

LONGSHORE, BUCK & LONGSHORE, P.C.                           

The Longshore Building

2009 Second Avenue North 

Birmingham, Alabama  35203-3703 

Phone: 205-252-7661   

  

On December 2, 2014, the above sale was continued to January 8, 2015, upon the same terms and conditions as above”.

Dec 14, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Wanda C. Parker and Randolph Arnold Parker, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Worthington Federal Bank, FSB, on the 9th day of May, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3294858 ; the undersigned Wells Fargo Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 1, 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 tract of land described as beginning at the Northeast corner of Lot 93, and from thence run in a Southerly direction along the East line of said Lot, a distance of 25 feet to the Southeast corner of the North Half of said Lot; thence in a Westerly direction, parallel with the North line of said lot, a distance of 145 feet, more or less, to the Southwest corner of said North half of Lot 93; thence in a Northerly direction along the West line of Lots 93 and 92 a distance of 69.5 feet, more or less, to the Southwest corner of that certain parcel of land conveyed by Ethel Stocks to W.M. Burns, by deed dated October 21, 1920, and recorded in Book 4-A, Page 248, in the Office of the Judge of Probate of Etowah County; thence in a Easterly direction along the South line of said Burns Tract, a distance of 145 feet, more or less, to a point in the East line of said Lot 92, measured along said Lot line; thence in a Southerly direction along the East line of Lot 92, a distance of 46 feet, more or less, to the point of beginning, said description embracing what is commonly known as the North half of Lot 93, and a portion of Lot 92, in what is known as Block 5 in the Westview Addition, according to map thereof recorded in Plat Book “A”, Page 1, said Probate Office, and being and lying in the City of Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  435 Reynolds Street, 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.

Wells Fargo Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

336944

The above mortgage foreclosure sale has been postponed until 12/29/2014 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Dec 12, 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 TO

FILE CLAIMS

THOMAS WRIGHT appointed Personal Representative (s) on December 3, 2014 Estate of JENNIFER WRIGHT 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

MARLON MORRIS, JANET BRADLEY, AND DEBBIE PEACOCK appointed Personal Representative (s) on November 19, 2014 Estate of LENORA F. BROCK 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

CHARLES DENSON RAGSDALE, JR AND LARRY STEPHEN RAGSDALE appointed Personal Representative (s) on November 26, 2014 Estate of MILDRED P. RAGSDALE 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

MIKE BURNS appointed Personal Representative (s) on December 4, 2014 Estate of OSCAR B. MYRICK 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

CHARLES DAMON CHANDLER appointed Personal Representative (s) on December 3, 2014 Estate of LAURA CATHERINE CHANDLER 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

CONNIE FAYE PANELL BUTLER appointed Personal Representative (s) on November 24, 2014 Estate of DONALD RICHARD GARRETT 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

JONATHAN BRENDAN LEFTWICH appointed Personal Representative (s) on November 26, 2014 Estate of BRENDA Y. LEFTWICH 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 12, 19 & 26, 2014

______________

NOTICE TO

FILE CLAIMS

GLORIA KRISTINA MASON appointed Personal Representative (s) on November 7, 2014 Estate of BILLY EDWARD REGAN 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 12, 19 & 26, 2014

______________

RESOLUTION NO. R-277-14

Ordering Abatement of Nuisance

                                                                       

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

110 COOSA STREET in District 2 in the City of Gadsden, more particularly described as:

Lot Number Two (2) in Block Number Two (2) in Agricola’s Coosa Street Addition, according to the map or plat thereof recorded in Plat Book “C”, page 341,  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 Mattie Thornton;

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.

           

I certify that this resolution was duly adopted by the City Council of Gadsden, Alabama, at an open public meeting held on December 2, 2014.

      

Iva Nelson, City Clerk              

Dec 12, 2014

______________

RESOLUTION NO. R-278-14

Ordering Abatement of Nuisance

                                                                       

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

127 VICTORY STREET in District 2 in the City of Gadsden, more particularly described as:

Lot Number Three (3) in Block Number Two (2) in Agricola’s Coosa Street Addition in Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book “C”, Page 341 in the Office of the Judge of Probate, 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 Elloise Cofield, Elijah Thornton III, Eugenie Latham, Kerry Thornton, and Kevin Thornton (with Elloise Cofield having a life estate);

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 December 2, 2014.

      

Iva Nelson, City Clerk    

Dec 12, 2014          

______________

RESOLUTION NO. R-279-14

Ordering Abatement of Nuisance

                                                                       

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

1106 VINSON AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot Number Thirteen (13) in Block Number Two (2) in Goodyear Highlands, according to the map or plat thereof recorded in Plat Book “C”, Pages 82 and 83, in the office of the Judge of Probate of 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 Royce Chambers;

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 December 2, 2014.

      

Iva Nelson, City Clerk     

Dec 12, 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

______________

NOTICE OF

PUBLICATION

IN RE: THE ESTATE OF BRUNO WEFELMEYER, DECEASED

CASE NO.: S-8235

TO: Kim Wefelmeyer Loomis, whereabouts unknown

YOU ARE HEREBY NOTIFIED that there has been filed in the Court instruments, in writing, purporting to be the Last Will and Testament and Codicil of BRUNO WEFELMEYER, Deceased, and a Petition, in writing, under oath, praying for the admission to probate and record in this Court of said instruments as the true and Last Will and Testament and Codicil of said decedent.

YOU ARE FURTHER NOTIFIED to appear before this Court on the 3rd day of March, 2015 at 11:00 a.m. at the Etowah County Probate Judge’s Office, 800 Forrest Ave., Gadsden, AL 35901, when said petition will be heard and to show cause, if any you may have, why said instruments filed with said petition and purporting to be the Last Will and Testament and Codicil of BRUNO WEFELMEYER, should not be admitted to probate and record in the Court as the true Last Will and Testament and Codicil of said decedent.

DONE this the 8th day of December, 2014.

Bobby M. Junkins

Judge of Probate

Dec 12, 19 & 26, 2014

______________

NOTICE OF

PUBLICATION

IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA

IN RE: THE ESTATE OF MARK H. TUCKER

Deceased

Stacy Martin, having filed a Petition for Summary Distribution of Small Estate as to said decedent’s estate pursuant to Code of Alabama, 1975 §43-2-691 et seq., and it appearing to the Court that said Petition is in proper form, it is.

Any person having any objection to the summary distribution of said estate make the same known in writing filed with this Court within 30 days of the date of this publication.

DONE this 2nd day of December, 2014.

Bobby M. Junkins

Judge of Probate

Dec 12, 2014

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicle on January 19, 2015 for charges due.

2011 Mitsubishi Outlander VIN# JA4AP3AU 73Z015 493

Campbell Motors

21 Greensport Rd

Ohatchee, AL 36271

Dec 12 & 19, 2014

______________NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicle on January 19, 2015 for charges due.

2004 Mazda 6 VIN# 1YVFP8 0D645N 13621

Celina Cole

300 Ralls Ave

Gadsden, AL 35903

Dec 12 & 19, 2014