Legal notices for the week of May 1 - May 8, 2015

May 1, 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 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

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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

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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. BC04ALO1 33542A and BC04AL O133542B 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

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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

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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

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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

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MORTGAGE

FORECLOSURE SALE

Default having been made in the terms of that certain Mortgage, executed on the 01/29/2007, by JOHNNY SMITH, AN UNMARRIED MAN, as Mortgagor, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST FEDERAL BANK as Mortgagee, which said Mortgage is recorded in the Office of the Judge of Probate, Etowah County, Alabama, as Instrument Number 3264162  on 02/01/2007, and subsequently assigned to CARRINGTON MORTGAGE SERVICES, LLC and recorded in the Office of the Judge of Probate, Etowah County, Alabama on 04/16/2015 as Instrument Number 3416410, and default having continued under the terms of said Mortgage, and by virtue of Alabama Code Section 35-10-3 and 35-10-2, the following described real property will be sold at public outcry, for cash, to the highest bidder, in front of the Courthouse door of said County, during the legal hours of sale, on 05/22/2015.

BEGIN AT EXISTING 1/4 INCH ROD AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4, OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 4 EAST OF HUNTSVILLE MERIDIAN AND RUN N 2 DEGREES 19 MINUTES 35 SECONDS E, ALONG THE EAST LINE OF SAID 1/4, 300.00 FEET TO A POINT; THENCE DEFLECT LEFT AND RUN NORTH 28 DEGREES 25 MINUTES 46 SECONDS WEST, 591.48 FEET TO A POINT IN THE SOUTHEAST RIGHT-OF-WAY LINE OF EDWARDS ROAD (60 FOOT R/W); THENCE DEFLECT LEFT AND RUN ALONG SAID SOUTHEAST R/W LINE A CHORD BEARING AND DISTANCE OF SOUTH 67 DEGREES 08 MINUTES 56 SECONDS WEST, 59.94 FEET TO A POINT; THENCE DEFLECT RIGHT AND RUN ALONG SAID SOUTHEAST R/W LINE A CHORD BEARING AND DISTANCE OF SOUTH 67 DEGREES 24 MINUTES 20 SECONDS WEST 115.00 FEET TO A POINT; THENCE DEFLECT LEFT AND RUN SOUTH 17 DEGREES 08 MINUTES 00 SECONDS EAST, LEAVING SAID SOUTHEAST RIGHT-OF-WAY LINE, 783.73 FEET TO A POINT IN THE SOUTH LINE OF AFORESAID 1/4; THENCE DEFLECT LEFT AND RUN SOUTH 88 DEGREES 59 MINUTES 59 SECONDS EAST, ALONG SAID SOUTH 1/4 LINE, 200.00 FEET TO THE POINT OF BEGINNING.  SAID PROPERTY BEING A PORTION OF THE NW 1/4 OF THE SE 1/4, OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 4 EAST, ETOWAH COUNTY, ALABAMA.

Subject to all easements, restrictions and reservations appearing of record.  Said sale will also be made subject to any Federal Tax Liens and/or Special Assessments of any nature, if any, which might adversely affect the title to the property.

The property is being sold “as is, where is”.  Said property is sold without warranty or recourse, expressed or implied as to title, use or enjoyment.

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

KENT D. MCPHAIL

DUMAS & MCPHAIL, L.L.C.

Attorney for Mortgage Holder

126 Government Street

Mobile, AL  36602

251-438-2333

May 1, 8 & 15, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Rena Y. Brand to Joyce Stephens dated January 7, 2014, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3396673; the undersigned mortgage owner, Joyce Stephens, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 2nd day of June, 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:

What is commonly called the North forty feet of Lots Numbered 2 and 4 and being all of said lots lying North of a line running parallel with the Northern boundary line of said lots and at a distance of forty feet therefrom when measured in a Southerly direction, all in Block Number Fourteen (14) in the Hill and Cansler Addition, according to the map or plat thereof as the same appears of record in Book of Town Plats “A”, Page 74, in the Office of the Judge of Probate of Etowah County, and being and lying in the City of Gadsden, Etowah County, Alabama.  

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

Joyce Stephens

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

May 1, 8 & 15, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Buddy Wayne Ellis, a single man, and Shyla Michelle Johnson, a single woman, to Regional Land and Development, LLC, dated January 13, 2014, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3402126; the undersigned mortgage owner, Regional Land and Development, LLC, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 21st 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:

Lot 20 in Block 4 in James H. Pruett Addition to Gadsden, according to the map thereof recorded in Plat Book “D”, Page 135, Probate Office, Etowah County, Alabama; lying and being in Gadsden, Etowah County, Alabama. 

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

Regional Land and Development, LLC

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

May 1, 8 & 15, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by CHADWICK S. TEAGUE and AMY M. TEAGUE, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Federal Bank, as Mortgagee, dated the 13th day of January, 2010, and recorded in  Instrument No. 3326387, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to BANK OF AMERICA, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 1st day of June, 2015, in the city of Gadsden, at the front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:

Lot Numbers Twenty-Three (23), Twenty-Four (24) and Twenty-Five (25), in Block “J”, in Southmont Addition to Attalla, Alabama, according to the map or plat thereof as the same appears of record in Plat Book “E”, Pages 230, 231, 232 and 233, Probate Office of Etowah County, Alabama, and lying and being in Attalla, Etowah County, Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, RESERVATIONS AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND/OR 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.

                                                                                                                                                

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

BANK OF AMERICA, N.A.

Holder of said Mortgage

Goodman G. Ledyard

PIERCE LEDYARD, P.C.                                                      

Attorneys for Mortgagee

Post Office Box 161389

Mobile, Alabama  36616

 (251) 338-1300

May 1, 8 & 15, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by KEVIN DEWAYNE LEDBETTER and CRYSTAL GAYLE LEDBETTER to GEORGE HERMAN FOSTER and CYNTHIA PRESTON FOSTER dated August 14, 2009 and recorded in Instrument #3318972 in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagee, by reason of such default, having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 22nd day of May, 2015, the following described real estate situated in Etowah County, Alabama.

Lot Number Seventy Three (73) in the Shahan and Walshe Central Alabama City Addition, according to the map thereof recorded in Plat Book ,”B”, pages 184 and 185, Probate Office, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by the above said mortgages, and the proceeds thereof will be applied as provided by the terms of the mortgages, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any.

/s/ David C. Livingston

By: David C. Livingston

Attorney for Mortgagees

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

May 1, 8 & 15, 2015

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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

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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

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NOTICE TO

FILE CLAIMS

ROBERT A. KEELING appointed Personal Representative (s) on April 13, 2015 Estate of SUSAN MARGARET KEELING, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

JIMMY CHRIS PAYNE appointed Personal Representative (s) on April 8, 2015 Estate of MARGARET T. PAYNE, 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

May 1, 8 & 15, 2015

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NOTICE TO

FILE CLAIMS

JAMES BENJAMIN SIMPSON and DENNIS WAYNE SIMPSON appointed Personal Representative (s) on April 8, 2015 Estate of MARY FRANCES SIMPSON, 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

May 1, 8 & 15, 2015

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NOTICE TO

FILE CLAIMS

GREGORY S. CUSIMANO appointed Personal Representative (s) on April 10, 2015 Estate of ROBERT GENE NABORS, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

DARLENE FROST appointed Personal Representative (s) on April 8, 2015 Estate of BESSIE DAY ABERNATHY, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

LISA LAMBERT appointed Personal Representative (s) on March 25, 2015 Estate of SAMMY ALLEN LAMBERT 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

PAUL W. CAMPBELL appointed Personal Representative (s) on April 15, 2015 Estate of DOLORES CLARE LIGHT, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

CAROLE SUZANNE BROGDON appointed Personal Representative (s) on April 15, 2015 Estate of WALTER ROSS CARROLL, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

JEAN ALLDREDGE appointed Personal Representative (s) on April 9, 2015 Estate of HOYT FORTENBERRY, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

DR. LYNNE C. WEST appointed Personal Representative (s) on April 6, 2015 Estate of CLYDE E. WEST, 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

May 1, 8 & 15, 2015

______________

NOTICE TO

FILE CLAIMS

DONNA MOORE BLACK appointed Personal Representative (s) on April 15, 2015 Estate of DONALD LEE MOORE, 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

May 1, 8 & 15, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to RAMONA L. DUNN, 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, MAY 5TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 2407 ALDER STREET in District 7 in the City of Gadsden, more particularly described as:

Commence at SW corner of Lot 16 of Clayton’s Addition to Alabama City No. 1 recorded in Plat Book “B”. Page 1 and run East along the South line of said lot a distance of 8 feet to a point; thence deflect 92ᴼ 12’ left and run North 8 feet East of and parallel to the West line of said lot a distance of 200 feet to a point in the North line of Elm Street (aka Alder Street). Said point being the point of beginning; thence deflect 97ᴼ 25’ right and run East 89.3 feet to a point; thence deflect 97ᴼ 25’ left and run North and parallel to the West line of Lot 16 a distance of 200 feet to a point; thence deflect 97ᴼ 25’ right and run East a distance of 72 feet to a point; thence deflect 97ᴼ 25’ left and run North and parallel to the West line of Lot 16 a distance of 44 feet to a point; thence deflect 82ᴼ 35’ left and run West 161.3 feet to a point; thence deflect 97ᴼ 25’ left and run South parallel to a 8 feet East of the West line of Lot 16 a distance of 244 feet to a point of beginning. Said parcel of land being a portion of Lot 16 of Clayton’s Addition to Alabama City No. 1 recorded in Plat Book “B”, Page 1 in the Probate Office of 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

May 1, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to JOHN HAWKINS and wife WILLIS S. HAWKINS, 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, MAY 12TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 513 KYLE STREET in District 3 in the City of Gadsden, more particularly described as:

A Lot described as beginning at the Northwest corner of Lot Number 13 and thence run in an Easterly direction and along the North line of said Lot Number 13 a distance of 75 feet; thence in a Southerly direction and parallel with the West line of Lots Numbers 13 and 15 a distance of 51.5 feet; thence to the right at an angle of 88ᴼ and run in a Northwesterly direction and in a direct line a distance of 73 feet to a point in the West line of said Lot Number 13; thence Northerly and along the West line of said Lot Number 13 a distance of 36.5 feet to the point of beginning, and embracing portions of Lot Number Thirteen (13) and Fifteen (15) in the Cummings Addition according to the map thereof recorded in the Plat Book “A”, page 269,  Probate Office, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

 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

May 1, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to VICKIE DARESA TUCK c/o LORINZA THOMAS, 1605 Broad St, Gadsden, AL 35903, 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, MAY 5TH, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 119 PARK STREET in District 1 in the City of Gadsden, more particularly described as: 

Lot Number Twelve (12) in Block Number One (1) in the Eastland Park Addition to Gadsden, according to the map or plat thereof recorded in Plat Book “B”, page 229 in the Office of the Judge of Probate, 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

May 1, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to STATE OF ALABAMA,  P.O. BOX 327210, Montgomery, Al 36132, RODERICK G. GUICE, SHERRY L. GUICE, JENNIFER P. MADDEN, SHARON D. MADDEN, and OLLIS MADDEN, 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, MAY 12TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 1020 KYLE ALLEY  in District 3 in the City of Gadsden, more particularly described as: 

 A lot or parcel of lane described as beginning at a point in the East line of Kyle Avenue (otherwise known as DeYampert Street), as shown by the map of Crocheron’s Fifth Addition to Gadsden, as recorded in Book of Town Plats “B”, Page 6, which point is 378 feet Northerly, measured along the East line of said Kyle Avenue, from where the East line of Kyle Avenue intersects the South line of the SW ¼ of the SW ¼ and from thence running in a Northerly direction along the East line of Kyle Avenue a distance of 66 feet to a point in the South side of said alley. Thence in an Easterly direction along the South side of said alley and parallel with South line of said SW ¼ of the SW ¼ a distance of 155 feet; thence South and parallel with the East line of Kyle Avenue a distance of 70 feet; thence in a Westerly direction in a direct line, a distance of 157, (more or less) to the point of beginning and being a portion of the Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) in Section Thirty Three (33), Township Eleven (11) South Range (6) East of Hunstville Meridian, in Gadsden, Etowah County, Alabama together with all improvements located theron.

 

 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

May 1, 2015

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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

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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

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

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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 (s) on June 8, 2015 for charges due.

2004 Motorcycle VIN#  JKBZXJB 123A002 352

Jeffrey Beam

1406 Jackson St

Gadsden, AL 35904

May 1 & 8, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on June 8, 2015 for charges due.

2006 Ford Fusion VIN# 3FAHP08156 R129376

Tommy Borden

502 Hope Street

Gadsden, AL 35903

May 1 & 8, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on June 8, 2015 for charges due.

2004 Ford LGT Convt Pickup Truck VIN# 1FTPW 12544KC 70855

1999 BMW 5401T VIN# WBADR6 339XG N90360

One Stop Auto

112 21st Street

Gadsden, AL 35904

May 1 & 8, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on June 8, 2015 for charges due.

2002 Nissan Pathfinder VIN# JN8dR0 9X72W66 7420

Debbie Morris

1400 Perry St

Gadsden, AL 35904

May 1 & 8, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on June 8, 2015 for charges due.

1996 Honda Accord VIN# 1HGCE66 76TA019 271

James Wallace

342 Riverbend Apt

Riverside, AL 35135

May 1 & 8, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on June 8, 2015 for charges due.

2003 Chev Impala VIN# 2G1WF 55KX393 19487

Automotive Plus LLC

2805 East Meighan Blvd

Gadsden, AL 35903

May 1 & 8, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on June 8, 2015 for charges due.

2003 Chevy Express Van VIN# 1GCEG15X43 1207504

Quality Transmission

1325 Forrest Ave

Gadsden, AL 35901

May 1 & 8, 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 24, 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