Legal notices for the week of Jan. 16 - Jan. 22, 2015

January 15, 2015 chris
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 MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Julian Ford and Marlena Ford, husband and wife, to The Bank, dated June 9, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number D-2003-3002.  Said mortgage was subsequently sold, assigned and transferred to WILMINGTON TRUST, NA, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-5

. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WILMINGTON TRUST, NA, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-5

, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on March 10, 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:

Lots Number Four (4) and Five (5) in Block One (1) of Sizemore`s 3rd Addition to Oakview Addition to East Gadsden, Alabama, as recorded in Plat Book “D”, Page 71, Probate Office, Etowah County, Alabama.

Property Street Address: 610 Sizemore St, Gadsden, AL 35903-1838 (provided for informational purposes only)

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

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

Wilmington Trust, NA, successor trustee to Citibank, N.A., as Trustee f/b/o holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2006-5, Mortgage Pass-Through Certificates, Series 2006-5

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris|Schneider|Wittstadt, LLC

1 Independence Plaza

Suite 416

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90001345-14

Jan 2, 9, 16 & 23, 2015

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 30, 2005, executed by Neal B. Pearson and wife, Rachel Pearson, to AmSouth Bank, which mortgage was recorded on September 30, 2005, in Document No. M-2005-4207, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to U.S. 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 February 10, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Parcel One: Lots Numbers Fourteen (14), Fifteen (15) and Sixteen (16), Block Number Ten (10), Rolling Green Park, according to the map or plat thereof, recorded in Plat Book “C”, Pages 238 and 239, Probate Office of Etowah County, Alabama, lying and being in Etowah County, Alabama. Parcel Two: A parcel of land described as: Commencing at the Northwest corner of Lot Number Eight (8), and running South 89 degrees 43 minutes East along the North line of said lot for a distance of 110.00 feet to a point; thence run South 11 degrees 03 minutes West for a distance of 89.57 feet to the point of beginning, beginning at this point and continuing South 11 degrees 03 minutes West for a distance of 100.15 feet to the Northeast most corner of Lot Number Fourteen (14); thence run South 63 degrees 30 minutes East along the Northeast Lines of Lots Numbers Fourteen (14), Fifteen (15) and Sixteen (16), for a distance of 150.00 feet to the Easternmost corner of Lot Number Sixteen (16); thence run North 26 degrees 30 minutes East for a distance of 120.37 feet to a point; thence run North 82 degrees 19 minutes West for a distance of 178.00 feet to the point of beginning, and embracing portions of Lots Numbers Nine (9), Ten (10), Eleven (11), Twenty-One (21), Twenty-Two (22), and Twenty-Three (23), Block Ten (10), Rolling Green Park, as recorded in Plat Book “C”, Pages 238 and 239, Probate Office of Etowah County, Alabama, 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 expenses of foreclosure.

U.S. Bank National Association

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Jan 9, 16 & 23, 2015

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MORTGAGE FORECLOSURE SALE

ALABAMA, ETOWAH COUNTY 

Default having been made pursuant to the terms of that certain mortgage executed by Michael Wayne Waller, a single man, Jr. and Matthew Waller, a single man to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Preferred Mortgage, Inc., its successors and assigns dated August 27, 2007, said mortgage being recorded in Instrument No. 3278654  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 February 5, 2015 the following real estate, situated in Etowah County, AL, to-wit: Lots 40, 41, 42 and 43 in Block “C” in Druid Park, according to the map or plat thereof recorded in Plat Book “F”, Page 343, Probate Office, Etowah County, Alabama; lying and being in Rainbow City, Etowah County, Alabama.        Said property is commonly known as 4034 Boone Rd, Rainbow City, AL 35906.       The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due.  The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note.       Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the property is Michael Wayne Waller, Jr. and Matthew Waller or tenant(s).  RCO Legal, P.C. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192

TS#:  1R44 8414 FEI # 2013 .02538

Jan 16, 23 & 30, 2015

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on April 25, 2008 by Christina J. Moore fka Christina J. Hicks and James K. Moore, wife and husband, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB, and recorded in Instrument # at 3293651 on May 6, 2008, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to EverBank as reflected by instrument recorded in Instrument #, 3367712 and Instrument #, 3370814 of the same Office. 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 February 11, 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:

Commence at the Southeast corner of Tract #8 of Rolling Green Farm Tracts as recorded in Plat Book “C”, Page 265, Etowah County Probate Office, and run due North along the Westerly right of way line of Riverside Drive a distance of 150.00 feet to the point of beginning. From said point of beginning continue due North along said right of way a distance of 155.85 feet to the Northeast corner of Tract #8 of Rolling Green Tracts; thence run South 78° 55’ 58” West along the Northwest line of said Tract #8 a distance of 1126.69 feet, thence run South 11° 04’ 02” East a distance of 152.63 feet; thence run North 78° 47’ 59” East a distance of 845.48 feet; thence run due North a distance of 8.13 feet; thence North 81° 16’ 46” East a distance of 249.95 feet to the point of beginning. 

For informational purposes only, the property address is: 351 Riverside Dr, Gadsden, AL 35903.  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.

EverBank, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-006434

Attorneys for Mortgagee or Transferee

Jan 16, 23 & 30, 2015

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Tammy Scott, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 18th day of April, 2008, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3292773; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated March 14, 2012 and recorded in said Probate Office as Instrument Number 3364227. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on February 27, 2015, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Lot Number Seven (7) of the Slack Street Addition to Gadsden, Alabama, according to the map or plat thereof, recorded in Plat Book “C”, Page 17, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama; together with a joint driveway agreement recorded in Book 24, Page 105, said Probate Office. 

This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.  

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-1464

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

Jan 16, 23 & 30, 2015

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MORTGAGE FORECLOSURE SALE

ALABAMA, ETOWAH COUNTY

Default having been made pursuant to the terms of that certain mortgage executed by Coy G. Vaughn and Sharon G. Vaughn, husband and wife to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Gadsden Mortgage Services, Inc., its successors and assigns dated September 5, 2007, said mortgage being recorded in Instrument No. 3279048 in the Office of the Judge of Probate of Etowah County, AL said Mortgage was last sold, assigned and transferred to Federal National Mortgage Association (“FNMA”). Federal National Mortgage Association (“FNMA”), under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, AL during the legal hours of sale, on February 5, 2015 the following real estate, situated in Etowah County, AL, to-wit: Commence at the Easternmost corner of Lot 4, Block 3 of the Grand Park Addition as recorded in Plat Book “E”, Page 135, Etowah County Probate Office, said point also marking the Northwest right of way line of Greenview Avenue; thence run South 49 degrees 20 minutes 00 seconds West along said right-of-way line a distance of 50.00 feet to the point of beginning. From said point of beginning continue South 49 degrees 20 minutes 00 seconds West along said right-of-way line a distance of 130.00 feet; thence leaving said right-of-way line run North 40 degrees 40 minutes 00 seconds West a distance of 225.00 feet to the Southeast line of Lot 7 of said Grand Park Addition; thence run North 49 degrees 20 minutes 00 seconds East along said lot line a distance of 97.50 feet; thence run South 40 degrees 40 minutes 00 seconds East a distance of 93.89 feet; thence run North 49 degrees 20 minutes 00 seconds East a distance of 32.50 feet; thence run South 40 degrees 40 minutes 00 seconds East a distance of 131.11 feet to the point of beginning.  Said parcel of land being a portion of Lot 3 and Lot 4, Block 3, Grand Park Addition as recorded in Plat Book “E”, Page 134, Etowah County Probate Office, lying and being in Rainbow City, Etowah County, Alabama, and containing 0.60 acre, more or less.  (Property address: 3467 Greenview Avenue, Rainbow City, AL 35906) (Tax Parcel #: 31-15-04-19-0-001-119.000)  Said property is commonly known as 3467 Greenview Ave, Rainbow City, AL 35906. The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Coy G. Vaughn and Sharon G. Vaughn or tenant(s).  RCO Legal, P.C. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192  TS#: 1R4 43414 FEI # 2013. 02529

Jan 16, 23 & 30, 2015

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Adalon O. Nelms, a single man, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Homecomings Financial, LLC (f/k/a/ Homecomings Financial Network, Inc.), on the 29th day of November, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3285579; the undersigned Ocwen Loan Servicing, LLC , as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on February 23, 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:

Lot Number Ten (10) in Chandler’s Resurvey of Lot Number Eighteen (18) in Block Number Two (2) in Bishop’s East End Addition, according to the Map of said Resurvey recorded in Plat Book “B”, Page 13, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  1317 River Street, 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.

Ocwen Loan Servicing, LLC , Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

347783

Jan 16, 23 & 30, 2015

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Elizabeth Johnson, originally in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for Market Street Mortgage Corporation, on the 2nd day of June, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3248079; the undersigned JPMorgan Chase Bank, National Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on 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:

Lots Numbers Two and Three in the William H. Watson Addition, according to map recorded in Plat Book “E”, Page 189, Probate Office, Etowah County, Alabama and lying and being in Etowah County, Alabama.

Property street address for informational purposes:  603 Nunnally Ave, 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.

JPMorgan Chase Bank, National Association, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

279405

The above mortgage foreclosure sale has been postponed until 01/12/2015 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

The above mortgage foreclosure sale has been postponed until 02/23/2015 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Jan 16, 2015

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NOTICE TO FILE CLAIMS

PATRICIA G. HARDEN appointed Personal Representative (s) on December 17, 2014 Estate of CURTIS W. HARDEN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 9, 16 & 23, 2015

______________

NOTICE TO FILE CLAIMS

WAYNE L. NELSON appointed Personal Representative on January 6, 2015 Estate of W. C. NELSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 16, 23 & 30, 2015

______________

NOTICE TO FILE CLAIMS

JEAN RAY AITON appointed Personal Representative on November 7, 2014 Estate of JEAN MEDFORD AITON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 16, 23 & 30, 2015

______________

NOTICE OF PUBLIC HEARING

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, AL 36132, 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, JANUARY 27TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 1106 RALEY STREET in District 1 in the City of Gadsden, more particularly described as: 

Lots 39, 40 and 41 in Block 2 of T.R. Raley’s Second Addition according to the map thereof recorded in Plat Book “D”, Page 223, 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

Jan 16, 2015

______________

NOTICE OF PUBLIC HEARING

Notice is hereby given to FELECIA GRIFFITT, 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, JANUARY 27TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at #3 PEACHTREE STREET in District 6 in the City of Gadsden, more particularly described as:

 Lot Number Fifty Two (52) in Parcel Number Four (4) of Cone Mills Corporation, Dwight Division, as recorded in Plat Book “F”, Pages 51-65, Probate Office, Etowah County, Alabama, Subject to any easements and restrictions of record.

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

Jan 16, 015

______________

NOTICE OF PUBLIC HEARING

Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL 36132 and DAVID K. GREEN, 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, JANUARY 27TH, JANUARY 27TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 304 WEST LAKE DRIVE in District 2 in the City of Gadsden, more particularly described as: 

 Lot 5, Block “E”, of Oakleigh Estates, as recorded in Plat Book “G”, Page 55, 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

Jan 16, 2015

______________

NOTICE OF PUBLIC HEARING

Notice is hereby given to TUSCACAL, LLC., MUTUAL SAVINGS CREDIT  UNION, and MAGNOLIA FBS which was assigned to MAGNA MORTGAGE COMPANY, 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, JANUARY 27TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 2203 CANSLER AVENUE in District 6 in the City of Gadsden, more particularly described as: 

Lots 22 and 23 in Block 11 in Oak Park Addition to the City of Gadsden, according to the map or plat thereof recorded in Plat Book “B”, Pages 200, and 201 in the 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

Jan 16, 2015

______________

RESOLUTION NO. R-01-15

Ordering Abatement of Nuisance                                                                 

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

500 ELMWOOD AVENUE in District 2 in the City of Gadsden, more particularly described as:

Lot One (1), in Block “O”, in Nowlins Addition to East Gadsden, as recorded in Plat “B” Pages 20and 21, in the Office of the Judge of Probate of Etowah County, Alabama, and being in the City of Gadsden, Etowah County, State of Alabama. Situated in 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 Tuscacal, LLC, and Mutual Savings Credit Union;

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 January 6, 2015.  

Iva Nelson, City Clerk              

Jan 16, 2015

______________

RESOLUTION NO. R-02-15

Ordering Abatement of Nuisance

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

420 N. 9th STREET in District 3 in the City of Gadsden, more particularly described as:

A lot described as beginning at a point where the North line of Lot No. 3 intersects the West line of Ninth Street and from thence run in a Southerly direction and along the West line of Ninth Street a distance of 70 feet; thence in a Westerly direction and parallel to the North line of said Lot No. 3 a distance of 100 feet; thence in a Northerly direction and parallel to the West line of Ninth Street a distance of 70 feet to the North line of said Lot No. 3; thence in a Easterly direction and along the North line of said Lot No. 3 a distance of 100 feet to the point of beginning and being a portion of Lot No. 3 of the Catherine Kyle Plat as recorded in Deed Record “J”, Page 495, in the Office of the Judge of Probate, 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 State of Alabama, P.O. Box, 327210, Montgomery, and Tazan Edwards and Marion Edwards;

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 January 6, 2015.       

Iva Nelson, City Clerk              

Jan 16, 2015

______________

RESOLUTION NO. R-03-15

Ordering Abatement of Nuisance                                                                  

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

#5 WINONA AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot 122, Parcel No. 3 in Cone Mills Corporation, Dwight Division, according to the map or plat thereof recorded in Plat Book “F”, Pages 51-63, Probate Office, 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 Kerri Ashley and CitiFinancial;

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 January 6, 2015.

Iva Nelson, City Clerk              

Jan 16, 2015

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RESOLUTION NO. R-04-15

Ordering Abatement of Nuisance                                                                    

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

#8 WINONA AVENUE in District 6 in the City of Gadsden, more particularly described as:

A Parcel of land described as beginning at the Northeast corner of Lot No. 100, Parcel No. 3 as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51-65, and from said point of beginning run in a Southwesterly direction and along the Southeast line of said Lot No. 100 a distance of 107.46 feet to a point, said point also being 65 feet Northeast of the Southeast corner of said lot; thence run in a Northwesterly direction in a direct line, said line being parallel with the Southwest line of said lot a distance of 51.60 feet to the Northeast corner of Lot No. 102; thence continue in a Northwesterly direction and along the Northeast line of said Lot No. 102 a distance of 21.40 feet to the Southwest corner of said Lot No. 100; thence in a Northeasterly direction along the Northwest line of said Lot No. 100 a distance of 107.38 feet to the Northwest corner of said Lot No. 100; thence in a Southeasterly direction along the Northeasterly line of said Lot No. 100 a distance of 73 feet to the point of Beginning, said parcel being a portion of Lot No. 100 in parcel No. 3 as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51-65 in the Office of Probate of 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 State of Alabama, P.O. Box 327210, Montgomery, The Estate of Margaret Ashley and CitiFinancial Corporation, LLC;

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 January 6, 2015.

Iva Nelson, City Clerk              

Jan 16, 2015

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RESOLUTION NO. R-05-15

Ordering Abatement of Nuisance                                                                   

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

506 WEBSTER STREET in District 6 in the City of Gadsden, more particularly described as:

Lots Number Twelve (12), and Thirteen (13), in Block Number Twenty-One (21), in Walnut Park Addition according to the map or plat thereof recorded in Plat Book “B”, Page 117, Probate Office, 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 Terry Mayo;

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 January 6, 2015.

Iva Nelson, City Clerk

Jan 16, 2015

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RESOLUTION NO. R-06-15

Ordering Abatement of Nuisance

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

426 N. 24th STREET in District 6 in the City of Gadsden, more particularly described as:

That certain parcel of land with all buildings and improvements thereof being designated as Lot Number Six (6), Parcel Number Six (6) as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, pages 51-65, 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 Brice T. Holley;

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 January 6, 2015.

Iva Nelson, City Clerk         

Jan 16, 2015     

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LEGAL NOTICE

CVH Properties, LLC, the owner of storage buildings located at 2607 Norris Ave Gadsden AL 35904 will take possession of and/or sell the contents if the following storage units on January 17, 2015 for charges due:

#6 – Unknown occupant

#26 – Cynthia Turner 1001 Delmonte Gadsden AL 35904

#36 – Unknown occupant

Jan 9 & 16, 2015

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LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Allen Building Company, Contractor, has completed the Contract for Construction of A Community Safe Room for the City of Glencoe, Alabama, Hazard Mitigation Grant Program HMGP 19710707 Glencoe, Alabama for the City of Glencoe, Alabama, Owner, and have request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify: McElrath & Oliver Architects, P.C. 402 Duncan Street, Gadsden, Alabama 35901

Allen Building Company

427 Mountain Lake Circle

Rainbow City, AL 35906

Jan 16, 23, 30 & Feb 5, 2015

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PUBLICATION ON ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: A-818

IN THE MATTER OF THE ADOPTION OF A CHILD BORN TO KATHY GRANGER

NOTICE TO THE UNDISCLOSED PARENT OF A CHILD BORN TO KATHY GRANGER, WHOSE ADDRESS IS UNDISCLOSED.

You will take notice that a Petition for the Adoption of a child born to Kathy Granger, Natural Mother, set to be heard on March 3, 2015 at 2:00 p.m., was filed on the 13th day of August, 2014, alleging that the whereabouts of the natural parent is unknown and has not been disclosed to the Court, and whose relationship of said undisclosed parent to the aforesaid minor child is that of putative father. Minor Child’s birth date is 1/14/99.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Patricia Granger, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 801 Forrest Avenue, Gadsden, Alabama.

DONE this 16th day of December, 2014.

Patricia Granger

227 ½ Broad Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Dec 26, 2014, Jan 2, 9 & 16, 2015

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PUBLICATION ON ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: A-818

IN THE MATTER OF THE ADOPTION OF A CHILD BORN TO KATHY GRANGER

NOTICE TO THE UNDISCLOSED PARENT OF A CHILD BORN TO KATHY GRANGER, WHOSE ADDRESS IS UNDISCLOSED.

You will take notice that a Petition for the Adoption of a child born to Kathy Granger, Natural Mother, set to be heard on March 3, 2015 at 2:00 p.m., was filed on the 13th day of August, 2014, alleging that the whereabouts of the natural parent is unknown and has not been disclosed to the Court, and whose relationship of said undisclosed parent to the aforesaid minor child is that of putative father. Minor Child’s birth date is 6/20/02.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Patricia Granger, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 801 Forrest Avenue, Gadsden, Alabama.

DONE this 16th day of December, 2014.

Patricia Granger

227 ½ Broad Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Dec 26, 2014, Jan 2, 9 & 16, 2015

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NOTICE OF PUBLICATION

NOTICE TO UNKNOWN FATHER, ADDRESS UNKNOWN

You will take notice that a Petition for the Adoption of a minor child born to Tanya Hope Armstrong, a natural mother, set to be heard on March 10, 2015 at 2:00 p.m. filed on 22nd day of December, 2014, alleging that the natural father’s whereabouts are unknown and/or that the natural father to the aforesaid minor child is that of putative father. Minor child’s birth date is October 15, 2001.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Robert T. Noone, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.

This the 8th day of January, 2015.

Attorney for Petitioner:

Robert T. Noone

P. O. Box 187

Gadsden, AL 35903

256-689-0565

Bobby M. Junkins

Judge of Probate

Jan 16, 23, 30 & Feb 6, 2015

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NOTICE OF PUBLICATION

NOTICE OF PETITION TO TERMINATE PARENTAL RIGHTS

You will please take notice that a Petition for Tarnation of Parental Rights of biological mother, Heaven Ward and biological father, Devon Duane Loomis, was filed by the Department of Human Resources in the District Court of Etowah County, Alabama. A hearing will be held on the 2nd day of March, 2015 at 9:00 a.m. on the Petitioner’s Petition to Terminate Parental Rights. Minor children’s dates of birth are May 22, 2011 and February 4, 2013.

The biological father, whose whereabouts are known but who repeatedly avoided personal service must answer Petitioner’s Petition to Terminate Parental Rights within 14 days of the last date of this publication notice, or thereafter, a judgment by default may be rendered against him in Case Numbers JU-13-235.03 and JU-13-236.03 in the District Court of Etowah County, Alabama.

Done this 6th day of January, 2015.

Will Clay

District Judge

Jan 16, 23, 30 & Feb 6, 2015

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NOTICE OF COMPLAINT

You will take notice that a Complaint was filed by John M. Ryle in the District Court of Etowah County, Alabama.

The Defendant, Kelly Waddell, whose whereabouts and address are unknown, must answer Plaintiff’s Complaint within 14 days of the last date of this publication notice, or, thereafter, a judgment by default may be rendered against her in Case Number DV-14-357 in the District Court of Etowah County, Alabama.

Done this 7th day of January, 2015.

Will Clay

District Judge

Jan 16, 23, 30 & Feb 5, 2015

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NOTICE OF COMPLAINT

You will take notice that a Complaint was filed by John M. Ryle in the District Court of Etowah County, Alabama.

The Defendant, David Bruce Haynes, whose whereabouts and address are unknown, must answer Plaintiff’s Complaint within 14 days of the last date of this publication notice, or, thereafter, a judgment by default may be rendered against him in Case Number DV-14-357 in the District Court of Etowah County, Alabama.

Done this 7th day of January, 2015.

Will Clay

District Judge

Jan 16, 23, 30 & Feb 5, 2015

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PUBLIC NOTICE

The Etowah County Commission will on February 11, 2015 at 10:00 a.m., Central Time, in the Commission Chambers, 1st Floor, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901, receive sealed bids for LIQUID PAVING & RESURFACING for use by the Etowah County Road Department. Bids must be submitted in sealed envelopes with the outside of the envelopes clearly marked LIQUID PAVING & RESURFACING – to be opened February 11, 2015. Bid proposals will be mailed out to prospective vendors and also may be obtained in the office of the Purchasing Agent, Room 107, Etowah County Courthouse, 800 Forrest Avenue, Gadsden, AL 35901, between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday or our website: www.etowahcounty.org.

Jan 16, 23 & 30, 2015

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on February 16, 2015 for charges due.

1998 Volk NewBeetle VIN# 3VWBC2 1C4XM45 9346

1995 Dodge Ram Truck VIN# 1B7HC1 6Y4SS1 88820

2001 Nissan Sentra VIN# 3N1CB51D 01L485172

1991 Nissan Pathfinder VIN# JN8HD17 Y1MW0 13632

1999 Saturn SL1 VIN# 1G8ZH52 85XZ27 4035

ER Towing & Recovery 

827 Jones Street

Gadsden, AL 35901

Jan 9 & 16, 2015

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on February 23, 2015 for charges due.

2003 Ford Explorer VIN# 1FMZU6 3K93U C43150

2001 P.T. Cruiser VIN# 3C8FYBB 61T665304

2000 Chevrolet Cavalier VIN#1G1J C124D Y7342531

1996 Nissan Maxima VIN# JN1CA2105 TT720939

2001 Ford Mustang VIN# 1FAFP404 21F215710

1995 GMC Sierra VIN# 1GTEC14 Z5SZ560512

Graham’s Towing & Recovery

2224 E Broad Street

Gadsden, AL 35903

Jan 16 & 23, 2015

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