Legal notices for the week of Jan. 23 - Jan. 29, 2015

January 22, 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

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MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gayle Lasslett and husband, Terrance Lasslett, to Alabama Teachers Credit Union on the 5th day of February, 2007, said mortgage being recorded in the Record of Mortgages at Instrument #3264907, in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 16th day of February, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

To reach the point of beginning, commence at the Northwest corner of Lot 3, Block 1, Owens Second Addition; thence South and along the West line of Lots 3 and 4, and said line extended, 190 feet to a point in the Southerly line of the gas company right of way; thence West and along said Southerly line of the gas company right of way and parallel to the North line of said Lot 3 extended, 200 feet to a point in the Westerly line of Eisenhower Street, which point is the point of beginning of the property herein conveyed.  From the point of beginning, continue Westerly and along said South line of the gas company right of way 150 feet; thence North parallel to the West line of Eisenhower Street 264 feet; thence East parallel to the South line of said gas company right of way, 150 feet to a point in the West line of Eisenhower Street, which point is 264 feet North of the point of beginning; thence Southerly and along the West line of Eisenhower Street 264 feet to the point of beginning; and embracing a portion of Lots 2 and 3 in Block “A” in Gadsden Realty Company Subdivision, according to map thereof recorded in Plat Book “C”, page 171, Probate Office, Etowah County, Alabama. 

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Alabama Teachers Credit Union

BY:__/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Jan 23, 30 & Feb 7, 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 William A. Luttrell, a married man, and Alicia M. Luttrell, a married woman, to ABN AMRO Mortgage Group, Inc., on April 18, 2005, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, M-2005-1642; CitiMortgage, Inc., as Successor by merger with ABN AMRO Mortgage Group, Inc., 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 February 18, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing capped pipe at the Southeast Corner of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), Section Eleven (11), Township Thirteen (13) South, Range Six (6) East of the Huntsville Meridian, Etowah County, Alabama and run North 84 degrees 37 minutes 00 seconds West, along the South line thereof, 150.00 feet to the point of beginning of the property described herein; thence continue North 84 degrees 37 minutes 00 seconds West, along said South line, 150.21 feet to an existing 3/4” pipe; thence run North 01 degree 55 minutes 01 second East (M) North 01 degree 57 minutes 00 seconds East (R), leaving said South line, 436.21 feet (M) 436.00 feet (R) to an existing 3/4” pipe; thence run South 84 degrees 37 minutes 00 seconds East, 300.00 feet to an existing 3/8” rebar on the East line of said quarter; thence run South 01 degree 53 minutes 31 seconds West (M) South 01 degree 57 minutes 00 seconds West (R), 236.22 feet to a point, thence run North 84 degrees 37 minutes 00 seconds West, leaving said East line, 150.00 feet to a point; thence run South 01 degree 53 minutes 31 seconds West, 200.00 feet to the point of beginning. Said property being a portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), Section Eleven (11), Township Thirteen (13) South, Range Six (6) East, Etowah County, Alabama and contains 2.31 acres (more or less).

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

CitiMortgage, Inc., as Successor by merger with ABN AMRO Mortgage Group, Inc.

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Jan 23, 30 & Feb 6, 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 June 4, 2010 by James Bridwell and Kelli Bridwell, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Acopia, LLC, and recorded in Instrument No. at 3334773 on July 8, 2010, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Nationstar Mortgage LLC as reflected by instrument recorded in Instrument #, 3388856 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 18, 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:

A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT IN THE WEST LINE OF LOT 44 WHERE THE SOUTH LINE OF PAXTON AVENUE, IF PRODUCED IN A WESTERLY DIRECTION IN A CONTINUOUS STRAIGHT LINE, WOULD INTERSECT THE WEST LINE OF SAID LOT 44, AND THENCE RUN IN AN EASTERLY DIRECTION, PARALLEL WITH THE NORTH LINES OF LOTS 44, 46, AND 48, AND ALONG THE PRODUCTION OF THE SOUTH LINE OF SAID PAXTON AVENUE, A DISTANCE OF 75 FEET TO A POINT IN THE EAST LINE OF SAID LOT 48; THENCE DEFLECT AN ANGLE OF 88 DEGREES 47 MINUTES TO THE RIGHT AND RUN IN A SOUTHERLY DIRECTION ALONG THE EAST LINE OF SAID LOT 48, A DISTANCE OF 141 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE DEFLECT AN ANGLE OF 91 DEGREES 13 MINUTES TO THE RIGHT AND RUN IN A WESTERLY DIRECTION ALONG THE SOUTH LINES OF LOTS 48, 46 AND 44, A DISTANCE OF 75 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE DEFLECT AN ANGLE OF 88 DEGREES 47 MINUTES TO THE RIGHT AND RUN IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF LOT 44, A DISTANCE OF 141 FEET TO THE POINT OF BEGINNING, SAID DESCRIPTION EMBRACING THE SOUTH 141 FEET OF LOTS 44, 46 AND 48 IN BLOCK 1 IN THE MARY MARTIN LAY’S GLENFIELD SUBDIVISION, ACCORDING TO THE MAP THEREOF RECORDED IN PlAT BOOK D, PAGE 101, PROBATE OFFICE, ETOWAH COUNTY. 

For informational purposes only, the property address is: 410 Paxton Avenue, Gadsden, AL 35905.  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.

Nationstar Mortgage LLC, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-006480

Attorneys for Mortgagee or Transferee

Jan 23, 30 & Feb 6, 2015

______________

MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kristen M. Smith, to Alabama Teachers Credit Union on the 19th day of May, 2011, said mortgage being recorded in the Mortgage Records at Instrument #3349965, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 16th day of February, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number 10 in Windy Hills Subdivision, according to the map recorded in Plat Book “H”, Page 135, Probate Office, Etowah County, Alabama; lying and being in Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Alabama Teachers Credit Union

BY:/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Jan 23, 20 & Feb 6, 2015

______________

MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Eric Langley and wife, Brianna N. Langley, to Alabama Teachers Credit Union on the 22nd day of June, 2012, said mortgage being recorded at Instrument #: 3370715, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 16th day of February, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Tract #1:  Commencing at the Southwest Corner of the NE ¼ – SE ¼, Section 35, T-11-S, R-6-E, thence N 87º18’00” E 30.00’ to a point on the East R/W of Ruby Street (60’ R/W), thence S 03º00’03” E 60.00’ to a ½” capped rebar (LS#26281), also being the point of beginning, thence leaving said R/W N 87º18’00” E 229.15’ to a ½” capped rebar (LS#26281), thence S 11º01’10” E 290.85’ to a 1” rebar, thence N 89º38’05” W 127.00’ to a ½” capped rebar (LS#26281), thence S 13º03’07” W 134.87’ to a ½” capped rebar (LS#26281), on the North R/W of Tidmore Bend Road (50’R/W), thence along said R/W N 71º17’42” W 113.71’ to a capped pin found, on the East R/W of Ruby Street, thence along Ruby Street N 03º00’03” W 369.31’ to the point of beginning, containing 2.00 acres more or less.

Tract #2:  Commencing at the Southwest corner of the NE ¼ – SE ¼, Section 35, T-11-S, R-6-E, thence N 87º18’00” E 30.00’ to a point on the East R/W of Ruby Street (60’ R/W), also being the point of beginning, thence N 02º31’18” W 99.86’ to a point, thence leaving Ruby Street N 87º14’50” E 149.18’ to a point, thence S 03º00’00” E 100.00’ to a point, thence N 87º18’00” E 70.68’ to a point, thence S 11º01’10” E 60.64’ to a point, thence S 87º18’00” W 229.15’ to a point on the East R/W of Ruby Street, thence N 03º00’03” W 60.00’ to the point of beginning, containing 0.65 acres more or less.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Alabama Teachers Credit Union

BY: /s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Jan 23, 30 & Feb 7, 2015

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Wendi H. Skala, an unmarried person, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Americahomekey, Inc., on the 15th day of June, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3334760; 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 March 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 Twenty-Three (23) in Pilgrims Rest Estates Subdivision, Unit One (1), lying and being in the City of Southside, Etowah County, Alabama, as recorded in Plat Book 1, Page 125, Judge of Probate Office, Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  2683 Pilgrim Way , 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.

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

350380

Jan 23, 30 & Feb 6, 2015

______________

MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Walter Gramling, Jr. and wife, Tracy Gramling, to Alabama Teachers Credit Union on the 27th day of June, 2011, said mortgage being recorded in the Record of Mortgages at Instrument #3351794, office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 16th day of February, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

That part of Lot Five (5) of Gladden Subdivision as recorded in Map Book “E”, in the Office of the Judge of Probate of Etowah County, Alabama, lying East of Pharr Road and South of Blanton Road, also known as Tabor Loop Road, and being in the SE1/4 of the SW1/4, Section 20, Township 10 South, Range 7 East, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Alabama Teachers Credit Union

BY:/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Jan 23, 30 & Jan 5, 2015

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Robert J. Nail, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Quicken Loans, Inc., on the 31st day of December, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3306541; the undersigned Nationstar Mortgage LLC, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on January 12, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Twenty-Four (24), in parcel Number Four 4) of Cone Mills Corporation as the same appears of record in Plat Book “F”, pages 51-65, Probate Office, Etowah County, Alabama. 

Property street address for informational purposes:  1 E Loner Ave , Gadsden, AL 35904

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

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

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

This sale is subject to postponement or cancellation.

Nationstar Mortgage LLC, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

342479

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 23, 2015

______________

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

The sale provided for hereinabove was postponed on the 13th day of January, 2015, by public announcement being made at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on the 17th day of February, 2015, at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

Jan 23, 2015

______________

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

The sale provided for hereinabove was postponed on the 13th day of January, 2015, by public announcement being made at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on the 17th day of February, 2015, at the Main entrance to the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

Jan 23, 2015

______________

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 TO FILE CLAIMS

MARY JEAN PENN appointed Personal Representative (s) on December 1, 2014 Estate of LELA MAE PONTER, 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 23, 30 & Feb 6, 2015

______________

NOTICE TO FILE CLAIMS

STELLA BURGER YATES appointed Personal Representative (s) on October 27, 2014 Estate of GAIL BURGER BURNETT, 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 23, 30 & Feb 6, 2015

______________

NOTICE OF PUBLIC HEARING

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, AL 36132, and WILLIAM WALLACE, 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,  FEBRUARY 3RD, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located 302 LOUIS STREET in District 1 in the City of Gadsden, more particularly described as: 

Lot Number One (1) and Two (2) and the East 9.5 feet of Lots Numbers Twenty-Three (23) and Twenty-Four (24), all in the Block Number One (1) in the Mayflower Addition, according to the map recorded in Plat Book “D”, Page 37, Probate Office, Etowah County, and lying and being in Etowah County, Alabama, subject to rights, if any, of Alabama Power Company.

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 23, 2015

______________

NOTICE OF PUBLIC HEARING

 Notice is hereby given to JAMES and LULA DAVIS, 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, FEBRUARY 3RD, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located 710 BROOKSIDE DRIVE in District 3 in the City of Gadsden, more particularly described as:

To reach a point of beginning for the hereinafter described parcel of land, commence at the Northeast corner of Lot #11; thence run South 04ᴼ00’ East, along the East line thereof, 91.70 feet to a point, which is the point of beginning of the parcel of land herein described; thence from said point of beginning, continue South 04ᴼ00 East, along said East line of Lot #11, 80.00 feet to the Southeast corner thereof; thence run South 88ᴼ40’ West, along the South line of said lot, 13.01 feet to a point; thence run North 04ᴼ00’ West, 79.39 feet to a point; thence run North 86ᴼ00 East, 13.00 feet to the point of beginning, containing 0.024 acres, and embracing portions of said Lot 11 in Block 1 of Rearrangement of Block #1, of Mountain Brook Addition, as recorded in Plat Book “E”, page 45, Probate Office, Etowah County, Alabama, and lying in the City of Gadsden, Etowah County, State of 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 23, 2015

______________

NOTICE OF PUBLIC HEARING 

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, AL 36132, and MARION BURNETT, 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,  FEBRUARY 3RD, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located 519 ALLEN STREET in District 1 in the City of Gadsden, more particularly described as:

Lot 11 in Block “H” in Miller Highlands Addition to the City of Gadsden, as same appears of record in the Office of the Judge of Probate, Plat Book “D”, Page 13, Etowah County, Alabama. Also 5 feet of Lot Number 12 and being on the North side of said Lot 12 and running the full length of said Lot, all in Block “H” of said Addition, all lying and being in 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 23, 2015

______________

RESOLUTION NO. R-07-15

Ordering Abatement of Nuisance                                             

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

715 Abercrombie Street in District 3 in the City of Gadsden, more particularly described as:

Lot Number Fifteen (15) and the North 2.5 feet of Lot Number Fourteen (14), in the Abercrombie Addition, according to map recorded in Plat Book “B”, page 46, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, subject to rights of Alabama Power Company as shown in Book 7-F, page 466, said Probate Office

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to John Albert Williams;

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 13, 2015.       

Iva Nelson, City Clerk

Jan 23, 2015

______________

RESOLUTION NO. R-08-15

Ordering Abatement of Nuisance                                                                   

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

2003 BROADWAY AVENUE in District 5 in the City of Gadsden, more particularly described as:

Lot Number Two (2) in Block Number Twenty-Five (25) in Gadsden Realty Company’s South Gadsden or Crescent Heights Addition, according to the map or plat thereof as recorded in Plat Book “B”, Pages 314 and 315, Probate Office, Etowah County, Alabama, together with all improvements located thereon

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Virginia Ruth Clowdus;

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 13, 2015.       

Iva Nelson, City Clerk              

Jan 23, 2015

______________

RESOLUTION NO. R-09-15

Ordering Abatement of Nuisance                                                                

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

1318 ELLIS AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lots Number Eleven (11) and Twelve (12) in Block Number Six (6) of the Ellis Addition to the City of Gadsden, according to the map or plat thereof recorded in Plat Book “D”, page 123, Probate Office Etowah County, Alabama, and lying and being in the City of 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 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 January 13, 2015.       

Iva Nelson, City Clerk      

Jan 23, 2015        

______________

RESOLUTION NO. R-10-15

Ordering Abatement of Nuisance                                                                       

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

3203 SANSOM AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Number Eight (8) in Block Number Eleven (11) of the Smith’s First Addition, according to the map or plat thereof recorded in the Book of Town Plats “B”, pages 158, and 159 in the Office of the Judge of Probate, and lying and being in the City of Gadsden, Etowah County, Alabama (formerly Alabama City, 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, Johnny and Rose Marie Cain;

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

1. The Council finds that the two (2) structures constitute 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 structures and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden on January 13, 2015.

Iva Nelson, City Clerk              

Jan 23, 2015

______________

NOTICE OF CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-14-900846-DAK

STATE OF ALABAMA, ex rel

JIMMIE HARP, DISTRICT ATTORNEY,

Plaintiff

Vs.

2003 NISSAN ALTIMA VIN# 1N4AL11D 63C10 8019 IN POSSESSION OF XANTHAN COOK

Defendant.

In Re: Xanthan Cook

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED VEHICLE.

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described monies. You are hereby notified that you must answer said Complaint by the 16th day of March, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

DONE this the 21st day of December, 2014.

Cassandra Johnson

Circuit Clerk

Jan 23, 30, Feb 6 & 13, 2015

______________

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

______________

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 Termination 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 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, 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 6, 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 ESTATE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: The Estate of JULIET ELAINE SPURLING,

Deceased.

IN THE MATTER OF THE ESTATE OF JULIET ELAINE SPURLING, DECEASED

A Petition for Summary Distribution of the Estate of JULIET ELAINE SPURLING, Deceased, having been submitted to the Honorable Bobby Junkins, Judge of Probate, by Petitioner, ROBIN SPURLING HIGGINS, on the 15th day of December, 2014, Notice is hereby given that all persons contesting said Petition shall file a response thereto with the Judge of Probate, Etowah County, within 30 days of the date of this publication.

Bobby M. Junkins

Judge of Probate

Jan 23, 2015

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NOTICE OF DIVORCE ACTION

Christopher Jason Reese, whose whereabouts is unknown, must answer the complaint of Angel Brisker Reese, by answering a divorce and other relief, 30 days from the date of the last publication or thereafter a judgment of default may be rendered against him in Civil Action No.: DR-14-900534-WBO, Circuit Court of Etowah County, Alabama.

Dated January 20, 2015.

Cassandra Johnson

Circuit Clerk

Jan 23, 30, Feb 6 & 13, 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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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on March 2, 2015 for charges due.

2004 Mazda RX8 VIN# JM1FE17 364011 3412

Fernando Melo-Hino Josa

914 Wilbanks Ave

Gadsden, AL 35903

Jan 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 vehicle on March 2, 2015 for charges due.

1992 Nissan PU VIN# 1N6SD11 S6PC399 56892

Frank Smith

423 24th St

Gadsden, AL 35904

Jan 23 & 30, 2015

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