Legals for the week of April 24 - April 30, 2015

April 24, 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 J. D. Trammell, Jr. and wife, Machell Trammell, originally in favor of First Lenders Mortgage Corporation, on the 28th day of October, 1998, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1998 Page 307; the undersigned U.S. Bank Trust National Association, not in its individual capacity but solely as Delaware trustee and U.S. Bank National Association, not in its individual capacity but solely as Co-Trustee for Government Loan Securitization Trust 2011-FV1, 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 June 15, 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:

Begin at the Northeast corner of Lot No. 54 of Block No. 1 in the J.E. Noojin, Jr. Subdivision of Lots 16 through 20, both inclusive, of Block No. 26 of Cloverdale Subdivision, as shown in Plat Book “C”, pages 46 and 47, as said J.E. Noojin Jr. Subdivision is illustrated by the map or plat thereof recorded in Plat Book “D”, page 125; thence run 63.00 feet in a Westerly direction to a point in the North line of said Lot No. 54, which point is the point of beginning of the parcel of land herein conveyed; from said point of beginning continue along the North line of said Lot No. 54 in a Westerly direction to a point which is 62.80 feet from the Northwest corner of said Lot 54; thence run South and parallel with the East line of Lots 54 and 55 of said subdivision to a point in the South line of said Lot No. 55; thence run in a Southeasterly direction and along the South line of said Lot No. 55 to a point 63.00 feet from the Southeast corner thereof; thence run in a Northerly direction to the point of beginning; said description embracing portions of Lot Numbers Fifty-Four (54) and Fifty-Five (55), in Block Number One (1), of the J.E. Noojin Jr. Subdivision as illustrated by the map or plat thereof recorded in Plat Book “D”, at page 125, Probate Office, Etowah County, Alabama, and lying and being in the City of Attalla, Etowah County, Alabama.

Property street address for informational purposes:  513 Noojin Ave, Attalla, AL 35954

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

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

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

This sale is subject to postponement or cancellation.

U.S. Bank Trust National Association, not in its individual capacity but solely as Delaware trustee and U.S. Bank National Association, not in its individual capacity but solely as Co-Trustee for Government Loan Securitization Trust 2011-FV1, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

357864

Apr 10, 10 & 24, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 12, 2008, executed by Meisa Swain Jackson and husband, Roderick Jackson, to CitiFinancial Corporation, LLC, which mortgage was recorded on July 15, 2008, in Instrument No. 3297795, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, 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 May 12, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots number six (6) and seven (7) in Block number eleven (11), according to the re-arrangement of Blocks number 11, 12, 13 and 14 in Goodyear Highlands as shown by a map of said re-arrangement recorded in Book of Town Plats C, Page 293, Probate Office, and lying and being in Gadsden, Etowah County, Alabama. Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set back lines of record.

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

CitiFinancial Servicing LLC, a Delaware limited liability company, successor by merger to CitiFinancial Corporation, LLC, a Delaware limited liability company

Mortgagee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Apr 10, 17 & 24, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated February 29, 2008, executed by Charlotte Rose Brown and Jerry Phillip Brown, wife and husband, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Compass Bank, which mortgage was recorded on March 13, 2008, in Instrument No. 3290239, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing LLC, 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 May 12, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commencing at the purported NW corner of the SW ¼ of the NE ¼ of Section 22, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama; Thence South 04 degrees 40 minutes East 989.45 feet to a P-K Nail found in the pavement of Charie Gillilan Road; Thence North 89 degrees 45 minutes 51 seconds East 24.00 feet to a point on the Easterly right of way of said road; Thence North 89 degrees 55 minutes 52 seconds East 185.84 feet to an 1/2 inch rebar found; Thence North 89 degrees 54 minutes 02 seconds East 77.98 feet to a point; Thence North 89 degrees 54 minutes 32 seconds East 130.00 feet to a point; Thence North 89 degrees 54 minutes 32 seconds East 130.00 feet to the True Point of Beginning for the property herein described; Thence from the True Point of Beginning, North 89 degrees 54 minutes 32 seconds East 141.00 feet to a point; Thence South 20 degrees 57 minutes 54 seconds West 105.80 feet to the NW corned of a portion of that certain property registered in the name of Danny Haygood in Deed Book 1996, Page 2313 in the Probate Office of Etowah County, Alabama; Thence South 20 degrees 59 minutes 00 seconds West 363.03 feet along the Westerly boundary of said Haygood property to a point on the Northerly right of way of Cox gap Road; Thence South 20 degrees 59 minutes 00 seconds West 30.00 feet along the Westerly boundary of said Haygood property to a point in the centerline of said Cox Gap Road; Thence along said centerline, North 65 degrees 52 minutes 44 seconds West 140.00 feet to a point; Thence leaving said centerline, North 22 degrees 02 minutes 53 seconds East 30.00 feet to a point on the Northerly right of way of said Cox Gap Road; Thence North 22 degrees 02 minutes 53 seconds East 410.54 feet to the True Point of Beginning for the property herein described; Said lands lying and being in Etowah County, Alabama. SUBJECT TO a road right of way for Cox Gap Road along the Southerly boundary thereof and further, SUBJECT TO all existing easements and right of way. 

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

Green Tree Servicing LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Apr 10, 17 & 24, 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 May 26, 2011 by Kimberly Dawn Ezell and husband, Donald R. Ezell, Jr., originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Research Center, LLC dba VAmortgagecenter.com, and recorded in Instrument # at 3350250 on May 27, 2011, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument #, 3407191 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 May 5, 2015, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot Number Ten (10) in Rollingwood Unit II, according to the map or plat thereof recorded in Plat Book “K”, Page 52, Probate Office, Etowah County, Alabama. 

For informational purposes only, the property address is: 2865 Plymouth Rock Trl South, Southside, AL 35907.  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.

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-006873

Attorneys for Mortgagee or Transferee

Apr 10, 17 & 24, 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 Derick T. Powell and Tori L. Powell, a married couple, to CitiFinancial Mortgage Company, Inc., on December 18, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. #, M-2003-0084; and subsequently transferred to US Bank National Association as Trustee for CFMSI REMIC 2003-02-REMIC Pass-Through Certificates Series 2003-02; CitiMortgage, Inc., servicing agent for US Bank National Association as Trustee for CFMSI REMIC 2003-02-REMIC Pass-Through Certificates Series 2003-02, 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 May 5, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER EIGHTY-SIX (86), WEST VIEW ADDITION, AS RECORDED IN PLAT BOOK “A”, PAGE 1, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA. 

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

CitiMortgage, Inc.

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Apr 10, 17 & 24, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 28, 2008, executed by Nathan Eric Gargus, an unmarried man, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, which mortgage was recorded on April 29, 2008, in Instrument No. 3293265, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., 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 June 16, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

That certain tract or parcel of land described as beginning at a point on the North boundary line of the Southwest Quarter of the Northwest Quarter of Section Twenty-two, Township Twelve South, of Range Five East of Huntsville Meridian said point being seven hundred thirty and seven-tenths feet East from the Northwest Corner of said forty; Thence in a Southerly direction and parallel with the East line of said forty a distance of two hundred fourteen feet, more or less, to the center of the public road as said road is now located; Thence in an Easterly direction along the center line of said public road a distance of ninety eight (98) feet to a point; Thence in a Northerly direction and parallel with the East line of said forty a distance of two hundred fourteen feet, more or less, to a point on the North line of said forty; Thence in a Westerly direction along the North line of said forty to the point of the beginning; Being a portion of said forty, and being and lying in Etowah County, Alabama, and subject, however to all existing easements for public roads, public utilities, gas pipe lines and electrical power transmission lines. 

ALSO:

To describe a lot or parcel of land commence at the NW corner of the SW Quarter NW Quarter, Section 22, Township 12 South, Range 5 East, Thence run South and along the West line of said forty a distance of 199.87 feet to a point; Thence deflect 88 degrees 46 minutes 30 seconds to the left and run a distance of 705.84 feet to a point, said point lying on the center line of a public road (Wilcox Street) and being the Point of Beginning of the lands herein described; Thence continue to run in a straight and direct line along the previously described course and along the centerline of said public road for a distance of 25 feet to a point; Thence deflect left and run a distance of 214.22 feet North to a point in the North Line of the Aforesaid Quarter-Quarter Section, which said point is 730.7 East from the Northwest Corner of said Quarter-Quarter Section; Thence deflect left and run West along the North line of said Quarter-Quarter Section a distance of 25 feet to a point, Thence deflect left and run South  a distance of 214.22 feet parallel to the West line of said Quarter-Quarter Section to the Point of Beginning, said lands lying in and being a portion of the SW Quarter of the NW Quarter Section 22, Township 12 South, Range 5 East, in Etowah County, Alabama. Save and except any right of way for the existing public road (Wilcox Street) along the South side of said property. 

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

CitiMortgage, Inc.

Transferee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Apr 10, 17 & 24, 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 Valarie Denise Gaston and husband Billy Lee Gaston, to CitiFinancial Corporation, LLC, on January 4, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3286510; CitiFinancial Servicing, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on May 19, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOTS NUMBER SIXTEEN (16) AND SEVENTEEN (17), IN BLOCK “A”, IN STROUD`S FIRST SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “B”, PAGE 84, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.

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

CitiFinancial Servicing, LLC

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Apr 17, 24 & May 1, 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 Shawn Derrick Williams and Carol Renee Williams, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Primary Capital Advisors, LC, on the 19th day of November, 2009, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3324024; 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 May 18, 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:

Beginning at a 20 penny nail found inside a channel iron marking the purported Northeast corner of the lands described in Document number 2006, page 3255713, Etowah County, Alabama, Probate Office; thence North 88 degrees, 10 minutes, 00 seconds East, and along the purported North line of Shawn Derrick Williams property, as described in Document number 1997, page 314, said Probate Office, a distance of 309.92 feet to a bed rail found at the purported Northeast corner of said Shawn Derrick Williams property; thence South 02 degrees, 05 minutes 46 seconds East, along the purported East line of said Shawn Derrick Williams property, a distance of 435.10 feet to a 1/2 inch rebar set with orange plastic cap stamped “Benchmark CA754PLS”, at the purported Southeast corner thereof; thence South 88 degrees 15 minutes, 54 seconds West, along the purported South line of said Shawn Derrick Williams property, a distance of 310.0 feet to a bed rail found at the purported Southwest corner thereof, thence North 02 degrees 04 minutes,14 seconds West, along the purported West line of said Shawn Derrick Williams property, a distance of 434.57 feet to the point of beginning and being a portion of Lot 2 of the J.H. Templeton Subdivision, as recorded in Plat Book “C”, page 141, Etowah County, Alabama, Probate Office. Also a 20-foot with easement for ingress and egress being described at the centerline as commencing at a bed rail found marking the Southwest corner of the above described parcel of land; thence North 88 degrees 15 minutes, 54 seconds, East along the South line thereof, a distance of 98.00 feet to the Point of Beginning of said centerline; thence leaving said South line and along said centerline with the following: South 21 degrees, 24 minutes, 29 seconds East, a distance of 129.10 feet; thence South 06 degrees, 03 minutes, 41 seconds East, a distance of 75.38 feet; thence South 09 degrees, 31 minutes, 12 seconds East, a distance of 124.46 feet; thence South 02 degrees, 25 minutes, 27 seconds East, a distance of 144.92 feet to the centerline of Pope Road, the Point of Beginning. Said easement being 10.00 feet on each side of the above described centerline.

Property street address for informational purposes:  678 Pope Rd , Gadsden, AL 35901

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

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

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

This sale is subject to postponement or cancellation.

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

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

355745

April 17, 24 & May 1, 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 Robert Buttram and Venita S. Buttram, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for Heritage Lending & Investments, LLC, on the 29th day of June, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument 3274925; the undersigned Selene Finance LP, 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 June 15, 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 Thirty-Five (35) In Lake View Estates, according to the map or plat thereof recorded in Plat Book “J”, Page 121, Probate Office, Etowah County, Alabama.

Property street address for informational purposes:  35 Lake Circle, Gadsden, AL 35901

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

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

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

This sale is subject to postponement or cancellation.

Selene Finance LP, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

337236

Apr 17, 24 & May 1, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Cheryl Lynn Ellis, to Betty Ann Stephenson, Thomas Henry Wiggs and Karlene Prickett, dated May 9, 2014 and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, In Instrument Number 3404671; the undersigned mortgage owner, Betty Ann Stephenson, Thomas Henry Wiggs, Karlene Prickett, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 18th day of May, 2015, during the legal hours of sale, sell at public outcry to the  highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:

The North two-thirds (N2/3) of Lot Number One (1) in Block Number Three (3) in the Chadwick Division, as recorded in Plat Book “C”, Page 323 in the Office of the Judge of Probate, Etowah County, Alabama, said parcel being 119.9 feet, more or less, along Tidmore Street, 162 feet, more or less, along the lines of Lot Number Two (2) in said Block and Subdivision, 109.5 feet, more or less, across the back, and 227.6 feet, more or less, along Claire Street and lying and being in Etowah County, Alabama, together with all the improvements thereon.

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

Betty Ann Stephenson, Thomas Henry Wiggs, and Karlene Prickett

Mortgage Owner

Brian Keith Copeland

Copeland and Copeland, LLC

Attorney for owner

Apr 17, 24 & May 1 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Juanita Graves, an unmarried woman, originally in favor of Wells Fargo Bank, N.A., on the 19th day of September, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3255625; the undersigned Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF2 Asset-Backed Certificates, Series 2006-WF2, 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 May 18, 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 6 in Block “C” of Wilbanks Homes, Inc., as recorded in Plat Book “C”, Page 369, Probate Office, Etowah County, Alabama, and a portion of land described as follows: Commence at the Northwest corner of said Lot 6 and the Easterly right of way of Wilbanks Avenue (50.00 feet right of way) and run South 09 degrees 27 minutes 00 seconds West along said right of way, 50.00 feet to the point of beginning; thence continue South 09 degrees 27 minutes 00 seconds West, along said right of way, 25.00 feet to a 1/2 inch rebar; thence leaving said right of way, run South 80 degrees 28 minutes 25 seconds East, 125.00 feet to a 1/2 inch rebar on a 25.00 foot right of way; thence run North 09 degrees 27 minutes 00 seconds East, along said right of way, 25.00 feet to a point; thence leaving said right of way, run North 80 degrees 28 minutes 25 seconds West, 125.00 feet to the point of beginning. Said property being a portion of the Southeast 1/4 of the Northeast 1/4, Section 11 and the Southwest 1/4 of the Northwest 1/4, Section 12, Township 12 South, Range 6 East of the Huntsville Meridian, Etowah County, Alabama.

Property street address for informational purposes:  1020 Wilbanks Avenue, 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.

Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-WF2 Asset-Backed Certificates, Series 2006-WF2, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

332130

Apr 17, 24 & May 1, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the terms of that mortgage executed on August 4, 2008 by Barbara S. Corella, unmarried, to EvaBank, which said mortgage is recorded in Book Instrument No. 3299340, Page  in the  Probate Office of  Etowah County, Alabama, and default continuing, and by virtue of the power of sale contained in said mortgage, the following described property will be sold at public outcry, for cash, to the highest bidder, in front of the Courthouse door of said County, in Gadsden, Alabama, during the legal hours of sale on May 15, 2015:

Lot 29 of Northrop Betts and Pickering Subdivision, Phase I as recorded in Plat Book K, Page 188-189, in the Probate Office of Etowah County, Alabama.  Including a 2004 Cavalier manufactured home, VIN No. BC04A LO133542A and BC04ALO1 33542B located thereon.

Said sale is made for the purpose of paying the mortgage debt and cost of foreclosure.

EvaBank, Mortgagee

Dewayne N. Morris   

Attorney for Mortgagee 

2131 Third Avenue North

Birmingham, Alabama  35203

Apr 24, May 1 & 8, 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 Judith B. Myracle, a unmarried woman, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Gadsden Mortgage Services, Inc., on the 16th day of November, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3259557; the undersigned Bayview 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 June 1, 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 37, in Block J, in Clubview Heights Supplemental Addition, according to map or plat in Plat Book E, Page 242-243, Probate Office, Etowah County, lying and being in Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  90 Alpine View, Gadsden, AL 35901

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

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

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

This sale is subject to postponement or cancellation.

Bayview Loan Servicing, LLC, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

339059

Apr 24, May 1 & 8, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Randy Campbell, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Home Loan Center, Inc., DBA Lending Tree Loans, on the 2nd day of March, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3363711; the undersigned PNC 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 June 1, 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 No. Nine (9) in Mountain Lake View Subdivision, according to Map recorded in Plat Book “G” Pages 355 and 357, Probate Office Etowah County, Alabama, and lying and being in Etowah County, Alabama

Property street address for informational purposes:  1528 Sibert Drive, Gadsden, AL 35905

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.

PNC 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

310950

Apr 24, May 1 & 8, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Nancy J. Crocker, a single person, originally in favor of Wells Fargo Bank, N.A., on the 7th day of December, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3378920; 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 June 1, 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:

All that parcel of land in Etowah County, State of Alabama, being known and designated as Lot 30 of Wildwood Estates as recorded in Plat Book G, Page 165 in the Probate Office of Etowah County, Alabama. Save and except those portions conveyed by Deed dated April 2, 1999 and recorded in Doc # D-1999-1308 in said Probate Office the above described property is subject to the following 1) restrictions recorded in Misc Book 30, page 229 2) rights granted to Alabama Power Company, ET Al., recorded in Book 816, Page 547.

Being that parcel of land conveyed from Judith B Myracle unmarried to Nancy J. Crocker and Joseph W. Crocker in Instr. # 3258543 dated 10/31/2006 and recorded 11/02/2006 Etoway County Records, State of Alabama. 

Property street address for informational purposes:  105 Hartwood Drive , Gadsden, AL 35901

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

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

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

This sale is subject to postponement or cancellation.

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

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

357079

Apr 24, May 1 & 8, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Roosevelt Maiden, Sr. And Mary A Maiden to Mortgage Electronic Registration Systems, Inc. solely as nominee for The Southern Bank Company dated May 25, 2005; said mortgage being recorded in Instrument No. M-2005-2271, Etowah County, Al  in the Office of the Judge of Probate of Etowah County, Alabama.  Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage, LLC by assignment recorded in Deed Book Instr. #3386975, Page 1 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Nationstar Mortgage LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale, on the 14th day of May, 2015 the following property, situated in Etowah County, Alabama, to-wit:

Lot Number Eighteen (18) in Block Number Ten (10) of Goodyear Highlands, according to the map or plat thereof recorded in Plat Book “C”, page 82, in the Probate Office of Etowah County, Alabama.

Said property is commonly known as 422 Taylor Street, Gadsden, AL 35903.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due.  The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or 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 real property is Roosevelt Maiden, Sr. and Mary A Maiden or tenant(s).

NATIONSTAR MORTGAGE LLC

as holder of said mortgage

Sady D. Mauldin, Esq.

McCalla Raymer, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

File No. 98315

www.foreclosurehotline.net

Apr 24, May 1 & 8, 2015

______________

NOTICE TO

FILE CLAIMS

CHRISTOPHER R. BAILEY appointed Personal Representative (s) on March 23, 2015 Estate of CLYDE STEPHEN COOK, JR. deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Apr 10, 17 & 24, 2015

______________

NOTICE TO

FILE CLAIMS

ALAN BRENT JONES & MARK JONES appointed Personal Representative (s) on March 26, 2015 Estate of DORIS P. JONES, 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

Apr 10, 17 & 24, 2015

______________

NOTICE TO

FILE CLAIMS

LISA CLINE appointed Personal Representative (s) on March 26, 2015 Estate of THOMAS CLINE, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

FRANKLIN HAROLD WESTER, JR. appointed Personal Representative (s) on March 25, 2015 Estate of FRANCES BONE WESTER, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

BETTY CARDEN appointed Personal Representative (s) on April 7, 2015 Estate of TOM A. CARDEN, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

NANCY WALLS AND HAROLD COE appointed Co-Personal Representative (s) on April 6, 2015 Estate of WILLIE LEE COE, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

ANGELA B. CURRIE appointed Personal Representative (s) on April 6, 2015 Estate of DONALD L. CURRIE, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

MYRA KAY PETERSON appointed Personal Representative (s) on March 25, 2015 Estate of IVALENE K.MOON, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

BETTY GREER appointed Personal Representative (s) on April 6, 2015 Estate of DORIS MCBURNETT, 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

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

SUSAN FROST MORGAN appointed Personal Representative (s) on March 25, 2015 Estate of MICHAEL LEE MORGAN, SR., deceased Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

April 17, 24 & May 1, 2015

______________

NOTICE TO

FILE CLAIMS

SHARON PALMER appointed Personal Representative (s) on April 14, 2015 Estate of JAMES WAYNE PALMER, 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

Apr 24, May 1 & 8, 2015

______________

NOTICE TO

FILE CLAIMS

KIMBERLY WORKS appointed Personal Representative (s) on November 12, 2014 Estate of JUDITH GRIFFITH, 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

Apr 24, May 1 & 8, 2015

______________

RESOLUTION NO. R-106-15

Ordering Abatement of Nuisance

                                                                       

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

2317 NORRIS AVENUE in District 6 in the City of Gadsden, more particularly described as:

The South Half (S ½) of Lot Number One (1), Block Number Thirty-two (32), in the Second survey of Alfords Addition, according to the map recorded in Plat Book “A”, Page 308, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Rubye R. Reynolds;

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 April 14, 2015.

      

Iva Nelson, City Clerk              

Apr 24, 2015

______________

RESOLUTION NO. R-107-15

Ordering Abatement of Nuisance

                                                                       

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

323 WILSON STREET in District 6 in the City of Gadsden, more particularly described as:

Lot Number Two (2) in Block Number Nine (9) in Walnut Park, or West Point Second Addition, according to the map or plat thereof recorded in Book Town Plats “B”, Page 117, Probate Office, and being and lying in the City of Gadsden, formerly in Alabama City, Etowah County, Alabama, save and except a strip of even width, being 10 feet in width, off the south side thereof. 

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, Tracy Lee Bishop, United Companies Lending Corporation, and United Companies Life Insurance;

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 April 14, 2015.

      

Iva Nelson, City Clerk       

Apr 24, 2015       

______________

RESOLUTION NO. R-108-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that the property or condition located at 1208 CHARLES STREET in District 7 in the City of Gadsden, more particularly described as: 

Tax ID#: 10-09-31-1-000-038.000

Lots Numbers One (1) to Eight (8), both inclusive, in Block Number Eleven (11) in Clayton Subdivision, according to the map or plat thereof as recorded in Plat Book “D”, Pages 70 and 71, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, formerly Alabama City, Etowah County, Alabama. 

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to State of Alabama, P.O. BOX 327210, Montgomery, Kenneth Humphrey and Tina Humphrey;

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

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

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

Adopted by the City Council of Gadsden on April 14, 2015.                                    

                                                                      

Iva Nelson, City Clerk  

Apr 24, 2015            

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.  A-885

IN THE MATTER OF ADOPTION PETITION OF: A. S. and L. S.

NOTICE TO: UNKNOWN FATHER, ADDRESS UNKNOWN

You will take notice that a Petition for Adoption of a child born by J. Johnston, (Natural Mother), was filed on the 23rd day of March, 2015, alleging that the whereabouts and identity of the natural father are unknown and/or that the natural father to the aforesaid minor child is that of a putative father. Minor Child’s birth date is 02/23/15.

Please be advised that should you intend to contest this adoption, you must file a written response within 30 days of the date of the last publication herein with Robert T. Noone, w hose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, 800 Forrest Avenue, Gadsden, AL 35901.

Done this 23rd day of March, 2015.

Bobby M. Junkins

Judge of Probate

Robert T.  Noone, Esq.

P.O. Box 2425

Gadsden, AL 35902

256-689-0565

April 3, 10, 17 & 24, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

A-883

IN THE MATTER OF

The Adoption Petition of: PAUL AND TAMMY JOHNSON

NOTICE TO ALL UNKNOWN FATHERS WHOSE WHEREABOUTS ARE UNKNOWN:

You will take notice that the Adoption Petition of Paul Kent Johnson and wife, Tammy Nanette Johnson, set to be heard on the 7th day of May, 2015, at 10:00 a.m., was filed on the 23rd day of March, 2015. Minor child’s birth date is September 22, 2014 who was born to Kristi Dyan Johnson.

Please be advised that should you intend this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Krystal G. Padula, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, AL 35901.

DONE this the 23rd day of March, 2015.

Bobby M. Junkins

Judge of Probate

Apr 3, 10, 17 & 24, 2015

______________

LEGAL NOTICE

Notice is hereby given that the contents of the following storage buildings will be sold by Off Campus Pawn & Storage at 10:00 a.m.  on May 1, 2015 at 480 George Wallace Dr. Gadsden, AL 35903.

Barbie Taylor #24; Azerine Sewell, #25; Arkala Loyd, #32; Delores Abney, #37; Jason Chambers, #64; Denise Bush, #65; Robin Townsend, #47, 85, 86; Garrett McWilliams, #120; Roy Ferguson, #148; Bernadette Horn, #172.

April 17 & 24, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF: PAUL AND TAMMY JOHNSON

CASE NO: A-883

NOTICE TO ALL UNKNOWN FATHERS WHOSE WHEREABOUTS ARE UNKNOWN:

You will take notice that the Adoption Petition of Paul Kent Johnson and wife, Tammy Nanette Johnson, set to be heard on the 7th day of May, 2015, at 10:00 a.m., was filed on the 23rd day of March, 2015. Minor child’s birth date is September 22, 2014 who was born to Kristi Dyan Johnson.

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 Krystal G. Padula, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama 800 Forrest Avenue Gadsden, AL 35901.

DONE this the 23rd day of March, 2015.

Bobby M. Junkins

Judge of Probate

Krystal G. Padula, Esq

P. O. Box 8424

Gadsden, AL 35902

Apr 17, 24, May 1 & 8, 2015

______________

LEGAL NOTICE

Don G. Kirby, whose whereabouts are unknown, notice is hereby issued by publication of a Garnishment to Wal-Mart in the Small Claims Court of Etowah County, AL, Case No.: SM-13-901215 filed by Attorney Michael A. Griggs on behalf of the Plaintiff, Revenue Maximization Consultants Corp.  Notice is given that the Clerk of the Court is holding $1,680.38 pursuant to said garnishment. Defendant is notified that he has the right to file a claim of exemption from garnishment; however, if no claim is filed, all present and future funds shall be condemned and remitted to counsel for the Plaintiff in partial satisfaction of the judgment referenced above.

Apr 17, 24, May 1 & 8, 2015

______________

NOTICE OF

JUVENILE

ACTION

Michael Shane Buckhanan, whose whereabouts are unknown, must answer the Petition of Amanda Keenum and Christopher Keenum by answering a Petition to Terminate Parental Rights and other relief by June 1, 2015, or thereafter a judgment by default may be rendered against him in Civil Action No.: JU-10-321.02, Juvenile Court of Etowah County, Alabama.

Dated April 3, 2015.

Cassandra Johnson

District Clerk

Apr 10, 17, 24 & May 1, 2015

______________

NOTICE OF

SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

TO: Curtis Dowell

Curtis Dowell, whose whereabouts is unknown, must answer Brandy N. Dowell’s Complaint for Divorce and other relief by June 15 2015, or thereafter a judgment of default may be rendered against him in Case No. DR-2015-9000710, Circuit Court of Etowah County.

This the 14rh day of June, 2015.

Cassandra Johnson

Circuit Clerk

Apr 24, May 1 & 8 2015

______________

NOTICE OF

COMPLAINT

Jeremy Cedone Sisk, whose whereabouts is unknown or has avoided service, must answer Vincent Mayben’s Complaint on or before May 24, 2015 or, thereafter, a judgment by default may be rendered against him in Case CV-2001-900686 in the Circuit Court of Etowah County, Alabama.

DONE on this the 27th day of March, 2015

Cassandra Johnson

Clerk of the Circuit Court of Etowah County, Alabama

Apr 3, 10, 17 & 24, 2015

______________

NOTICE OF

SERVICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: CV-2015-900287

GAYLON PIERCE,

PLAINTIFF,

Vs.

JOHN H. FAIRHURST, and Fictitious Defendants A, B, C and D, being those entities claiming an interest in that certain real property described below; Begin at the SE corner of Lot 28 of Edwards Tract #2 as recorded in Plat Book “I”, page 8 Probate Office, Etowah County, Alabama and run North along the East line of said Lot 27 a distance of 100 feet; thence deflect 89° 45’ right and run a distance of 100 feet; thence deflect 89° 45’ right and run a distance of 172.45 feet, Thence deflect 77°13’ right and run South Easterly along the Southwesterly right of way of said public road a distance of 102.59 feet; thence deflect 102°47’ right and run a distance of 195.45 feet to the point of beginning; said parcel of land being a portion of the NW ¼ of the NW 1/4 , Section 8, Twp 12 S, R 6 E, lying and being in Southside, Etowah County, Alabama, containing 0.43 acres more or less

DEFENDANTS.

JOHN H. FAIRHURST, whose whereabouts are unknown, his heirs and any other person claiming an interest in the above described property, must answer the Complaint filed by Gaylon Pierce, asking to quite title in the property described above and for other relief by June 1, 2015, or thereafter a judgment by default may be rendered against them in the above styled cause.

Done this 8th day of April, 2015.

Cassandra Johnson

Circuit Clerk

David C. Livingston

Attorney for Plaintiff

P. O. Box 1621

Gadsden, AL 35902

Apr 10, 17, 24 & May 1, 2015

______________

NOTICE OF

VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on May 25, 2015 for charges due.

1993 Freightliner FLD-120

Sam D Horton

1703 Springfield Avenue

Gadsden, AL 35903

April 17 & 24, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on May 25, 2015 for charges due.

2004 Infiniti G35 VIN# JNKCV5 4E24M 801088

Brandi Pardo

16 Mitchell St

Gadsden, AL 35904

April 17 & 24, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on May 25, 2015 for charges due.

1998 Honda Civic VIN# 1HGEJ8 649WL04 7866

Automotive Plus LLC

2805 E Meighan Blvd 35903

April 17 & 24, 2015

______________

STATE OF

ALABAMA

COUNTY OF ETOWAH

NOTICE is hereby given that a bill substantially as follows will be introduced in the 2015 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:

A BILL

TO BE ENTITLED

AN ACT

 

Relating to the City of Attalla in Etowah County; to provide that the mayor of the City of Attalla shall be a full-time position with health and retirement benefits.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. In the City of Attalla, effective the next term of office, the mayor of the City of Attalla shall be a full-time position with health and retirement benefits.

Section 2. The provisions of this act are severable.  If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 3. All laws or parts of laws which conflict with this act are repealed.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Apr 26, May 1, 8 & 15, 2015

______________

STATE OF

ALABAMA

COUNTY OF ETOWAH

NOTICE is hereby given that a bill substantially as follows will be introduced in the 2015 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:

Relating to Etowah County; to provide for a personnel board for employees of office of the sheriff; to provide for the compensation and terms of the members of the board; to authorize the board to promulgate rules providing for the appointment, qualification, tenure, salaries, promotions, and dismissals of the employees of the office; to provide for the duties and functions of the board; to provide for a disciplinary hearing and appeal process for both employees and the sheriff; to provide a procedure for accepting and filing applications for employment within the office; to  provide for the appointment of applicants to such positions; to provide for a procedure for hearing complaints; to grant subpoena powers to the board; to provide that all meetings of the board shall be open to the public; to provide for an appeal to the circuit court for adverse decisions of the board; to provide that the operations of the board shall be financed by the county commission; to repeal conflicting laws.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section  1. This act shall apply only in Etowah County.

Section 2. As used in this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings:

(1) APPOINTING AUTHORITY. The sheriff, or any designee of the sheriff who is exempt pursuant to Section 3, vested with powers to appoint employees as provided by this act.

(2) BOARD. The Personnel Board of the Office of the Sheriff of Etowah County created by this act.

(3) CLASSIFIED SERVICE. All custodial, administrative, and clerical employees of the Office of the Sheriff of Etowah County not specifically exempted as command staff in subsection (b) of Section 3.

(4) EMPLOYEE. Any person not exempt pursuant to Section 3 who is employed in the service of the Office of the Sheriff of Etowah County.

Section 3. (a) This act shall apply to all employees of the office of the sheriff.

(b) The following persons shall be exempt to the rules promulgated by the board.

(1) The chief deputy.

(2) The chief of detention.

(3) The chief of administration.

(4) The chief of investigation.

(5) The director of communications.

(6) The food service manager.

(c) The persons specified in subsection (b) shall be appointed by the sheriff and serve at the pleasure of the sheriff. The salary of the employees specified in subsection (b) shall be established by the sheriff and paid from the county treasury. In the event any exempt employee enumerated in subsection (b) is dismissed from his or her position by the sheriff, the exempt employee shall return to the classified service at the last classification held.

Section 4. All classified employees covered under this act shall be governed by the rules promulgated by the board. Present employees shall remain in their respective employments.

Section 5. (a) There is hereby created the Personnel Board of the Office of the Sheriff of Etowah County which shall be composed of five members. One member shall be appointed by the sheriff and one member shall be appointed by each of the four members of the legislative delegation representing Etowah County.

(b) The initial appointments shall be as follows:

(1) The member appointed by the Sheriff of Etowah County shall serve an initial term of four years and shall serve as chair of the board.

(2) The member appointed by the State Senator representing Senate District 10 shall serve an initial term of four years.

(3) The member appointed by the House of Representatives member representing House District 28 shall serve an initial term of three years.

(4) The member appointed by the House of Representatives member representing House District 29 shall serve an initial term of two years.

(5) The member appointed by the House of Representatives member representing House District 30 shall serve an initial term of one year.

(c) After completion of the initial term, all appointees shall serve terms of four years.

(d) Each member of the board shall be a qualified elector of the county. No person shall be appointed to the board who holds any salaried public office or employment with the county, nor shall any member of the board be eligible for appointment to any salaried office or employment in the service of the county or any county elective office or board for a period of one year after he or she has ceased to be a member of the personnel board. Any member of the board who is a candidate for, or is elected or appointed to another public office, shall not be eligible to serve as a member of the board.

(e) Members of the board shall take the constitutional oath of office, which shall be filed in the office of the probate judge. Vacancies on the board shall be filled in the same manner as original appointments. 

Section 6. (a) The personnel director shall be appointed by the county commission. The personnel director shall attend all meetings of the board, serve as the recording secretary of the board, provide clerical assistance to the board, and administer all provisions of this act and the rules established hereunder that are not specifically reserved to the board. The personnel director and the personnel department shall facilitate the administration of compensation and benefits to the employees of the office of the sheriff in the same manner as those benefits are administered to the employees of the county.

(b) In any matter requiring the services of an attorney, the board may call upon the county attorney to render such legal service to the board as it may deem necessary or advisable.

(c) For regular meetings of the board or special hearings or meetings of the board relating to a pending disciplinary action, each member shall receive sixty dollars ($60) per day, not to exceed one hundred eighty dollars ($180) per month paid from the county treasury, plus such mileage as is provided by law to the county commission. For regular meetings of the board or special hearings or meetings of the board relating to a pending disciplinary action, the chair shall receive seventy-five ($75) per day, not to exceed two hundred twenty-five dollars ($225) per month, paid from the county treasury, plus such mileage as is provided by law to members of the county commission.

Section 7. The board shall hold such regular meetings as it may by rule prescribe. Special meetings shall be held at such times and places determined by the board upon the call of its chair, or as are otherwise required to hold hearings upon complaint as hereinafter provided. A majority of the board members shall constitute a quorum for the transaction of business.

Section 8. The board shall keep minutes of its meeting and a record of all business transacted by it. All board records, except those required by board rules to be held confidential for reasons of public policy shall be open for inspection by any resident of the county at all reasonable times.

Section 9. The board may promulgate such rules governing the employees of the office of the sheriff through a personnel manual which shall contain provisions for equal opportunity in employment and advancement on a nondiscriminatory basis for all persons, and shall contain provisions that all employment policies shall be administered without regard to race, color, religion, sex, age, or national origin in regard to examinations, eligible registers, appointments, transfers, salaries, promotions, demotions, annual and sick leave, and such other matters as may be necessary to accomplish the purposes of this act. Any proposed rule shall become effective only after it is adopted at a meeting of the board which meeting is open to the public, and after a certified copy thereof has been filed with the office of the probate judge. All employees shall be appointed upon a nonpartisan merit basis. The rules promulgated by the board shall not apply to those exempt appointees enumerated in Section 3 (b), who shall serve at the pleasure of the sheriff.

Section 10. The board shall perform, but shall not be limited to, all of the following specific duties.

(1) Classify the various types of service under its jurisdiction.

(2) Prescribe minimum qualifications, including those of education, training, and experience to each classification of service.

(3) Provide a salary range, from minimum to maximum salary authorized, for each class of service; however, for a period of five years following the effective date of this act, the minimum salary for any class shall not be less than any existing pay plan for such class or service, provided further that after the five-year period has elapsed, the salary ranges prescribed by the board shall be used exclusively, regardless of any conflicting pay plans.

(4) Classify and identify each position of the classified service existing in the present system to its proper class of service in the new system.

(5) Periodically provide for the rating of employees’ performances in the new system.

(6) Establish rules governing appointments, promotions, salary increases or decreases, as well as layoffs, leaves of absence, suspensions, dismissals, terminations, and other disciplinary actions affecting employees.

(7) Hear and decide appeals submitted by any person in the classified service.

(8) Conduct investigations or hearings, examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the county.

(9) Administer oaths to witnesses who appear before the board.

Section 11. The personnel director shall keep a register of all persons eligible and available for appointment to each class and position in the service of the county under this act, ranked according to ability. Employees laid off who are subsequently available for reemployment shall be placed at the head of this list for eligible registrants in the inverse order of their terminations. Employees who voluntarily terminate their services may be granted reemployment status only under such circumstances and in such manner as may be provided for in the board’s rules and regulations.

Section 12. Persons seeking employment in any position shall file an application with the personnel director, who shall make those applications available to the appointing authority. The appointing authority, from time to time, shall conduct examinations to test the ability of such applicants. All qualified applicants shall be examined based upon factors pertinent to the ability to discharge the duties of the position. Examinations shall be practical and shall relate to those matters which test the ability of the person examined to discharge intelligently the duties of the position for which he or she applies. Once the qualified applicants have been examined, those selected for employment may then be hired by the appointing authority, as long as funding is available for the position. Any persons may make reapplication for any position.

Section 13. Whenever a vacancy exists in any position, it shall be filled by appointment of one of the appropriate eligible registrants, or by transfer within the service from another position of the same class. However, any eligible person of the same class who has been laid off, as provided in Section 12, shall receive preference in hiring in every instance. Whenever it is impossible to certify eligible persons to a vacancy, the board may authorize the appointing authority to fill the vacancy temporarily pending the establishment of an eligible registrant. Temporary appointments shall be effective for six months, and may be extended for six additional months by the board, upon request by the appointing authority. All appointments other than temporary appointments shall be probationary for six months from the date of appointment. A probationary subordinate employee may be discharged by his or her appointing authority for unsatisfactory service at any time before the expiration of that period. After the expiration of the probationary period, an appointment shall be permanent, subject to discharge thereafter only for cause.

Section 14. The sheriff, or the appointing authority to whom the sheriff has delegated such disciplinary powers, may remove, discharge, suspend, or demote any subordinate employee in the classified service of the office of the sheriff, provided that within five days thereof, a written report of such action is made to the board, giving the reason or circumstances surrounding such disciplinary action. If any aggrieved employee is suspended for more than one day, removed, discharged, or demoted, he or she shall be entitled to a board hearing on such disciplinary action, upon written demand thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt of the written request therefor. All meetings of the board on disciplinary matters shall be open to the public, and shall observe the aggrieved employee’s right to face his or her accusers and be heard in his or her own defense. Pending a hearing on any disciplinary action, the aggrieved employee may be temporarily suspended. Upon a hearing, the board may order the employee reinstated with back pay from the time of such action to the date of reinstatement, or take or approve such disciplinary action as, in its judgment, is warranted by evidence and under the law. Either aggrieved party, the sheriff, or the employee shall, after an adverse hearing, have the right to rehearing and appeal as hereinafter provided.

Section 15. The board shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this act. The sheriff, or some other person so designated by the sheriff, shall serve all processes of the board, and shall attend and preserve order at all public hearings conducted by the board. If a person refuses to obey a subpoena from the board, the board or its authorized representative, may ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing, the circuit court may order compliance with the subpoena. Failure to comply with such an order shall constitute contempt of court. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of this state, which fees shall be paid from the county treasury.

Section 16. The sheriff or the employee aggrieved by a decision of the board in the original hearing shall be entitled to rehearing of the issue before the board as provided herein. The aggrieved party shall make written request upon the board within five days of an adverse decision of the original hearing and the board shall, within 10 days of receipt of a request for rehearing, hold the rehearing in substantially the same manner as the original hearing to review its earlier decision. If, on rehearing, either party is aggrieved by the decision of the board, the party may appeal the decision to the Circuit Court of Etowah County within 30 days from the release of the decision by the board. The proceedings before the circuit court shall be without jury and shall be de novo.

Section 17. Whenever, in the judgment of the sheriff, it becomes necessary in the interest of the economy or because the necessity for a position no longer exists, the sheriff may abolish any position in the classified service and lay off employees, based on seniority, without filing written charges and without the right to a hearing as provided in this act.

Section 18. All expenses incurred in the implementation of this act shall be paid by the county out of the county treasury.

Section 19. It is the intent of this act to create a personnel system for the employees of the office of sheriff to be separated from that of other county offices and departments effective upon enactment of this act into law.

Section 20. All laws or parts of laws which conflict with this act are repealed.

Section 21. This act shall become effective following its passage and approval by the Governor, or its otherwise becoming law, and following ratification of a constitutional amendment authorizing the creation of a personnel board for the employees of the Office of the Sheriff of Etowah County.

Apr 10, 17, 24 & May 1, 2015

______________

STATE OF

ALABAMA

COUNTY OF ETOWAH

NOTICE is hereby given that a bill substantially as follows will be introduced in the 2015 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:

A BILL TO BE ENTITLED AN ACT

Relating to Etowah County and the office of sheriff; to provide certain additional qualifications for persons serving as sheriff; and to provide for continuing education for a sheriff.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA

Section 1. This act shall apply only to Etowah County.

Section 2. (a) After the effective date of this act, any person qualifying for election to the office of sheriff in the county or any person appointed to serve as a sheriff shall meet all of the following minimum qualifications, in addition to any other qualifications required by law:

(1) The person is a citizen of the United States.

(2) The person has been a resident of the county for at least one year immediately prior to the qualifications date.

(3) The person has the qualifications of an elector pursuant to state and federal law and the person has been registered to vote in the county at least one year immediately prior to qualifying.

(4) The person has been awarded a high school diploma or a GED equivalence.

(5) The person is 25 years of age or older prior to qualifying.

(6) The person has never been convicted of a felony.

(b) Upon electing, the sheriff of the county shall attend annually a minimum of 12 hours of executive level continuing education approved by the Alabama Sheriff’s Association or the National Sheriff’s Association. Certification of annual continuing education shall be filed with the Judge of probate of the county by December 31.

Section 3. This act shall not apply to or affect a supernumerary sheriff.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Apr 24, May 1, 8 & 15, 2015