Legal notices for the week of July 17-July 24, 2015

July 17, 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 Stanley Foy Cook and wife, Lisa Gail Cook, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Caliber Funding LLC, on the 19th day of January, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3327011; having been modified by Loan Modification Agreement recorded in Instrument Number 3405808; the undersigned Wells Fargo Bank, NA, 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 September 14, 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 Eight (8) in Block Number Two (2) of Arrington Subdivision, recorded in Plat Book “F”, Page 31, Probate Office of Etowah County, Alabama, less and except a strip of land described as beginning at the Southwest Corner of said Lot Number Eight (8); thence run in an Easterly direction along the South line of said Lot Number Eight (8), 190.00 feet to the Southeast Corner thereof; thence deflect to the left and run with the East line of said Lot Number Eight (8) a  distance of 16.00 feet to a point; thence deflect to the left and run Westerly in a straight line 190.00 feet to the point of beginning, and lying and being in Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  2429 Sunset Strip, Gadsden, AL 35904

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

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

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

This sale is subject to postponement or cancellation.

Wells Fargo Bank, NA, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

365690

July 3, 10 & 17, 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 Terry Nixon and wife, Paula  Nixon, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Accredited Home Lenders, Inc., A California Corporation, on the 23rd day of December, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc Number M-2006-0137; the undersigned U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, 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 August 24, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Number Nine (9), Ten (10), Eleven (11) and Twelve (12) in Block Number two (2) in Rolling Green Farm Tracts Number Two (2) as recorded in Plat Book “E”, Pages 36 and 37, in the Office of Judge of Probate, Etowah County, Alabama.

Property street address for informational purposes:  1060 Padenreich Ave, Gadsden, AL 35903

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

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

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

This sale is subject to postponement or cancellation.

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

364138

July 3, 10 & 17, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the terms of that certain Mortgage, executed on the 03/26/2008, by CECIL TOMMY FORD, JR., A MARRIED MAN, JOINED BY HIS WIFE, CHRISTY F. FORD, as Mortgagor, to TAYLOR MORTGAGE, INC. as Mortgagee, which said Mortgage is recorded in the Office of the Judge of Probate, Etowah County, Alabama, as Instrument Number 3291163 on 03/28/2008, and subsequently assigned to CARRINGTON MORTGAGE SERVICES, LLC and recorded in the Office of the Judge of Probate, Etowah County, Alabama on 11/06/2014 as Instrument Number 3409664 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 07/24/2015.

BEGINNING AT A POINT WHICH IS LOCATED SOUTH 89°34’ EAST 825.1 FEET AND SOUTH 2°23’ EAST 319.1 FEET FROM THE NW CORNER OF THE SW1/4 OF THE NE1/4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 5 EAST IN ETOWAH COUNTY, ALABAMA; THENCE FROM THE POINT OF BEGINNING NORTH 89°54’ EAST 259.6 FEET TO A POINT ON THE WEST MARGIN OF A PUBLIC STREET; THENCE SOUTH 2°23’ EAST 140 FEET ALONG SAID MARGIN TO A POINT; THENCE LEAVING SAID STREET SOUTH 89°54’ WEST 259.6 FEET TO A POINT; THENCE NORTH 2°23’ WEST 140 FEET TO THE POINT OF BEGINNING.

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

July 3, 10 & 17, 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 Cathie Dunn and Alan Dunn, married, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Homecomings Financial Network, Inc., on October 1, 2001, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document #, M-2001-5017; and subsequently transferred to DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, FKA BANKERS TRUST COMPANY AS TRUSTEE FOR RASC 2002KS1; The Bank of New York Mellon Trust Company, National Association as successor to Deutsche Bank Trust Company Americas f/k/a Bankers Trust Corporation, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2002-KS1, 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 August 5, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER EIGHTEEN (18), BLOCK NUMBER SIX (6) IN ARCADIA DRIVE

ADDITION TO ATTALLA AS SHOWN BY MAP OR PLAT RECORDED PLAT BOOK

“C”, PAGE 217 IN THE OFFICE OF JUDGE OF PROBATE OF 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.

The Bank of New York Mellon Trust Company, National Association as successor to Deutsche Bank Trust Company Americas f/k/a Bankers Trust Corporation, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2002-KS1

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

July 10, 17 & 24, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on July 27, 2010 by Fred J. McGrady and Barbara S. McGrady, as husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, and recorded in Instrument No. at 3335791 on August 2, 2010, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Nationstar Mortgage LLC as reflected by instrument recorded in Instrument #, 3417554 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 August 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:

Parcel 1: Lots Number 10, 11, 12, 13, 14 and 15 in Block Number 11, Bellevue Highlands First Addition, as recorded in Plat Book “B”, Page 288, Probate Office, Etowah County, Alabama.

Parcel 2: Lot 16, Block 11, Bellevue Highlands First Addition, as recorded in Plat Book “B’’, Page 288, Probate Office, Etowah County, Alabama, SAVE and EXCEPT such portion thereof as was conveyed by deed dated February 18, 1982, recorded at Book 1363, Page 33, of said Probate Office, as follows: A strip of land described as beginning at the Southwest corner of Lot Number Sixteen (16) in Block Number Eleven (11), Bellevue Highlands First Addition; thence from said point of beginning run in an Easterly direction and along the Southerly line of said Lot 16 a distance of 19 feet to a point; thence deflect to the left and run in a Northerly direction a distance of 148 feet, more or less, to a point on the Northerly line of said Lot 16, which point is 5 feet Easterly from the Northwest corner of said lot; thence run in a Westerly direction and along the Northerly line of Lot 16, a distance of 5 feet to the Northwest corner thereof; thence run in a Southwesterly direction and along the Westerly line of said lot a distance of 148 feet to the point of beginning, said land hereinabove described being a portion of Lot Number Sixteen (16) in Block Number Eleven (11), in Bellevue Highlands First Addition,’ a5 recorded in Plat Book “B”, Pages 286-288, Probate Office, Etowah County, Alabama. 

Parcel 3: That certain portion of alley, annulled by instrument recorded at Misc. Book 118, Page 158, Probate Office, Etowah County, Alabama, described as commencing at the Southeast corner of Lot Number 13 in Block Number 11, Bellevue Highlands First Addition, and from said point of beginning, run in a Northerly direction along the East line of said lot to the Northeast corner thereof; thence run in an Easterly direction in a direct line a distance of 15 feet to the Northwest corner of Lot Number 12; thence run in a Southerly direction along the West line of said Lot Number 12 to the Southwest corner thereof; thence run in a Westerly direction in a direct line a distance of 15 feet to the point of beginning, said property constituting the 15 foot wide alley lying between Lots 12 and 13 in Block Number 11 in Bellevue Highlands First Addition as recorded in Plat Book ‘’B”, Pages 286-288, Probate Office, Etowah County, Alabama. 

For informational purposes only, the property address is: 139 Washington Cir, Gadsden, AL 35904.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Nationstar Mortgage LLC, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007117

ATTORNEYS FOR MORTGAGEE OR TRANSFEREE

July 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 Sandra Shaw Hunt, unmarried, originally in favor of SouthTrust Bank, on the 22nd day of February, 2001, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 2001, Page 74; the undersigned Wells Fargo Bank, National Association successor by merger to Wachovia Bank, National Association successor by merger to SouthTrust Bank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on September 14, 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:

To arrive at the point of beginning to describe a tract or parcel of land, commence at the Southwest corner of the Northwest Quarter of the Northwest Quarter, Section 7, Township 12 South, Range 8 East; thence run North 75 degrees 12 minutes 16 seconds East a distance of 44.45 feet to a point in the Easterly line of Posey Road; thence run North 5 degrees 01 minutes 11 seconds East along said Easterly line a distance of 150.0 feet; to the point of beginning, thence run North 05 degrees 01 minutes 11 seconds East along the Easterly lines of said Euclid Avenue a distance of 150.0 feet; thence run North 89 degrees 59 minutes 30 seconds east a distance of 300.0 feet; thence run south 05 degrees 01 minutes 11 seconds West a distance of 150.0 feet to a point in the Northerly line of a county road; thence run South 89 degrees 59 minutes 30 seconds along said Northerly line a distance of 300.0 feet to the point of beginning, containing 1.03 acres, more or less.

Property street address for informational purposes:  7050 New Bethel 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, National Association successor by merger to Wachovia Bank, National Association successor by merger to SouthTrust Bank, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

232222

July 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 Dustin B. Tarrance and Briana L. Tarrance, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Home Mortgage of America, Inc., on the 31st day of May, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3386344; 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 August 24, 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 9 of Willow Creek Estates recorded in Plat Book “J”, Page 20, in the Probate Office of Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  764 Willow Creek Road, 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.

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

351482

July 10, 17 & 24, 2015

______________

MORTGAGE

FORECLOSURE SALE 

Alabama, ETOWAH County  Default having been made pursuant to the terms of that certain mortgage executed by Christopher Bradford, unmarried to Mortgage Electronic Registration Systems, Inc. as nominee for First Franklin a Division of Nat. City Bank of IN, its successors and assigns, dated 03/10/06, said mortgage being recorded in Instrument 3242863, in the Office of the Judge of Probate of Etowah  County, AL said Mortgage was last sold, assigned and transferred to Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass-Through Certificates, Series 2006-FF9. Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass-Through Certificates, Series 2006-FF9, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash or certified/bank only. The certified/bank check should be made payable to or endorsed to RCO Legal, P.C. The sale will take place during the legal hours of sale, on 08/06/15 before the courthouse door of Etowah County the following real estate, situated in Etowah County, AL, to-wit: LOT TWENTY THREE (23) IN BLOCK FORTY SEVEN (47) IN GARDEN CITY RESIDENTIAL SUBDIVISION NUMBER THREEE (3), ACCORDING TO THE MAP THEREOF RECORDED IN PLAT BOOK “C”, PAGES 412 AND 413, PROBATE OFFICE, AND LYING AND BEING IN GADSEN, ETOWAH COUNTY, ALABAMA.  Said property is commonly known as 921 AGRICOLA DRIVE, GADSDEN, AL 35903. The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due.  The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christopher Bradford or tenant(s).  RCO Legal, P.C. 1587 Northeast Expressway

Atlanta, Georgia 30329 (770) 234-9181

(770) 234-9192   TS#: 7835. 20625 FEI # 2013. 03275

July 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 July 9, 2007, executed by Thomas E. Bennett, a married man, and wife, Jennifer L. Bennett, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Mortgage America, Inc., which mortgage was recorded on July 11, 2007, in Instrument No. 3274777, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Federal National Mortgage Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on August 18, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Parcel One:

Commencing at the Northwest Corner of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East in Etowah County, Alabama. Thence South 02 degrees 30 minutes 00 seconds East 131.8 feet to a point; thence along the North margin of Jack Floyd Drive South 89 degrees 35 minutes 00 seconds East 600.00 feet to an iron pin found, the point of beginning for the property herein described; thence leaving said North margin North 00 degrees 19 minutes 21 seconds East 174.82 feet to an iron pin found, thence South 89 degrees  45 minutes 41 seconds East 150.40 feet to an iron pin found, thence South 00 degrees 30 minutes 37 seconds West 175.29 feet to an iron pin found on the North margin of said drive; thence along the said North margin North 89 degrees 35 minutes 00 seconds West 149.83 feet to the point of beginning, containing 0.60 acres, more or less.

Parcel Two:

All that part of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of Huntsville Meridian more particularly described as follows: Commencing at the Northwest Corner of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian; thence South 89 degrees 40 minutes 00 seconds East a distance of 774.74 feet to the point of beginning. From said point of beginning South 03 degrees 03 minutes 38 seconds East a distance of 798.25 feet to a point on the Northerly right-of-way of Jack Floyd Street (Smith Road); thence along said right of way North 89 degrees 43 minutes 57 seconds West a distance of 71.76 feet to a point; thence leaving said right of way North 00 degrees 21 minutes 23 seconds East a distance of 175.11 feet to a point; thence North 89 degrees 43 minutes 21 seconds West a distance of 150.30 feet to a point; thence North 16 degrees 01 minute 31 seconds East a distance of 646.05 feet to the point of beginning, less and except any easements or rights of way, and being a portion of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian, Etowah County, Alabama.

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

Federal National Mortgage Association

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

July 17, 24 & 31, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Marshall D Hall and Melinda L Hall, husband and wife, to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc., on July 21, 2009, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at instrument, 3317818; and subsequently transferred to Ocwen Loan Servicing, LLC; Ocwen Loan 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 August 14, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOTS NUMBER TWENTY-ONE (21) AND TWENTY-TWO (22), BLOCK 4 OF THE GOODYEAR HEIGHTS SUBDIVISION TO GADSDEN, ALABAMA, AS RECORDED IN PLAT BOOK “A”, PAGE 466, PROBATE OFFICE, 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.

Ocwen Loan Servicing, LLC

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

July 17, 24 & 31, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on July 16, 2012 by Patrick Shade Stallings, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Home Mortgage of America, Inc., and recorded in Instrument No. at 3370513 on July 20, 2012, 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 No., 3411220 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 August 13, 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 One Hundred Seventeen (117) of Brock Hills, Second Addition, as recorded in Plat Book “G”, Page 399 in the Probate Office of Etowah County, Alabama, and lying and being in Hokes Bluff, Etowah County, Alabama. 

For informational purposes only, the property address is: 4633 Pinehill Pl, Gadsden, AL 35903.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

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/ 15-007463

ATTORNEYS FOR MORTGAGEE OR TRANSFEREE

July 17, 24 & 31, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated March 3, 2000, executed by Gary Neil Thrower and Tracey R. Thrower, husband and wife, in favor of RBMG, Inc., said Mortgage being recorded on March 10, 2000, in Doc. #M-2000-0758, in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Green Tree Servicing LLC by instrument recorded in Instrument Number 3404401, in the Office of the Judge of Probate of Etowah County, Alabama.  Said default continues and notice is hereby given that the undersigned, Green Tree Servicing LLC under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on August 10, 2015; during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit: 

A tract of land described as beginning at the Southeast corner of Lot Number 8 of the First Addition to Argyle Hills and from thence run in a Northerly direction along the East line of said lot a distance of 103.00 feet to a point; thence deflect an angle of 88 degrees 11 minutes 00 seconds to the left and run in a Westerly direction a distance of 144.87 feet to a point on the West line of said lot; thence deflect an angle of 91 degrees 49 minutes 00 seconds to the left and run in a Southerly direction along the West line of said lot a distance of 100.00 feet to the Southwest corner thereof; thence in an Easterly direction along the South line of said lot a distance of 145.00 feet to the point of beginning and embracing a portion of Lot Number 8 of the First Addition to Argyle Hills, as recorded in Plat Book “G”, Page 91, Probate Office, Etowah County, Alabama.

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

This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage. 

Green Tree Servicing LLC

Paul K. Lavelle

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

 (205) 298-1800

July 17, 24 & 31, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

WHEREAS, Steven M. Smith, a single man, did heretofore on the 29th day of September, 2012, execute to First Bank of Boaz a mortgage which is recorded as Instrument Number 3374310 in the Probate Office of Etowah County, Alabama, and

WHEREAS, default has been made in the payment of the indebtedness secured by said mortgage and such default continuing, said mortgagee, First Bank of Boaz, being the holder and owner of said mortgage and the indebtedness thereby secured has declared the entire indebtedness due and payable at once as provided in said mortgage and to realize the entire indebtedness secured thereby in accordance with the terms and conditions thereof, will on the 12th day of August, 2015, between the legal hours of sale at the North door of the Etowah County Courthouse in Gadsden, Etowah County, Alabama, under the power contained in said mortgage, sell at auction to the highest bidder, for cash, the property described in said mortgage, to wit:

Commence at a fence corner marking the SW corner of the NW1/4-SW1/4 of Section 5, T-11-S, R-5-E, thence N02°12’12”W 658.03 feet along the West line of said forty to a 1/2” pipe, said point being the point of beginning, thence continue along said forty line N02°12’12”W 286.51 feet to a 1/2” pipe, thence leaving said forty line S53°56’41”E 433.51 feet to a 1/2” pipe, thence N36°04’30”E 99.96 feet to a 1/2” pipe, thence S53°59’04”E 440.76 feet to a 1/2” pipe on the Northwesterly R/W of Egypt Road (80’ R/W), thence along said R/W along a curve with a radius of 1185.43 feet and a chord bearing and distance of S39°53’51”W 153.76 feet to a 1/2” rebar capped (CA-497-LS), thence leaving said R/W N53°58’00”W 254.77 feet to a 1/2” rebar capped (CA-497-LS), thence S36°02’00”W 171.56 feet to a 1/2” rebar capped (CA-497-LS), thence N53°58’00”W 431.88 feet to the point of beginning, containing 4.00 acres, more or less.  According to the survey prepared by Larry Walker, Alabama License No. 21183, dated August 1, 2012.

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the costs and expenses of foreclosure.  The auctioneer will give to the purchaser a foreclosure deed with statutory warranties subject to any prior encumbrances, ad valorem taxes due October 1, 2015, all redemptive rights created as a result of the foreclosure sale, title to all minerals or mining rights, easements, restrictions and covenants of record and matters or defects which would be shown by an accurate survey of said property.

Dated this the 7th day of July, 2015.

Danny L. Smith

Auctioneer & Attorney for Mortgagee

P.O. Box 249

Boaz, AL  35957

(256) 593-4009

July 17, 24 & 31, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Donald L. Waldron and Dorothy Waldron, married, to Mortgage Electronic Registration Systems, Inc., as nominee for E-Loan, Inc., A Delaware Corporation, on June 12, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3274053; and subsequently transferred to Bank of America, N.A; and subsequently transferred and to Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3; Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3, 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 August 5, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

PARCEL I: COMMENCE AT A 1” SOLID STOCK MARKING THE NE CORNER OF THE NE 1/4 OF THE NW 1/4, SECTION 29, TOWNSHIP 10 SOUTH, RANGE 5 EAST; THENCE SOUTH 01 DEG 45` 00” EAST, 1310.85 FEET TO A 1/2” CAPPED REBAR (LS#21183) ON THE WEST R/W OF LAKE CIRCLE (40`R/W); ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 DEG 45` 00” EAST, 53.33 FEET TO A 1” SOLID STOCK;

THENCE SOUTH 02 DEG 05` 47” EAST, 580.53 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE NORTH 88 DEG 04` 44” WEST, 704.07 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE NORTH 28 DEG 06` 23” EAST, 210.00 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE NORTH 37 DEG 34` 59” EAST, 283.75 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE NORTH 61 DEG 55` 57” WEST, 232.87 FEET TO A 1/2” CAPPED REBAR (LS#21183) ON THE EAST R/W OF MOUNTAINBORO ROAD (80`R/W); THENCE NORTH 28 DEG 04` 03” EAST, 154.76 FEET ALONG SAID R/W TO A 1/2” CAPPED REBAR (LS#21183); THENCE LEAVING SAID R/W, SOUTH 48 DEG 10` 17” EAST, 252.59 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE NORTH 35 DEG 34` 17” EAST, 186.27 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE SOUTH 83 DEG 08` 50” EAST, 246.67 FEET TO THE POINT OF BEGINNING.

AND PARCEL III: COMMENCE AT A 1” SOLID STOCK MARKING THE NE CORNER OF THE NE 1/4 OF THE NW 1/4, SECTION 29, TOWNSHIP 10 SOUTH, RANGE 5 EAST; THENCE SOUTH 01 DEG 45` 00” EAST, 952.04 FEET TO A 1/2” CAPPED REBAR (LS#21183), THENCE SOUTH 35 DEG 34` 17” WEST, 684.04 FEET TO A 1/2” CAPPED REBAR (LS#21183);

THENCE SOUTH 35 DEG 34` 17” WEST, 684.04 FEET TO A 1/2” CAPPED REBAR (LS#21183); ALSO BEING THE POINT OF BEGINNING;

THENCE SOUTH 37 DEG 34` 59” WEST, 283.75 FEET TO A 1/2” CAPPED REBAR (LS#21183); THENCE NORTH 82 DEG 10` 56” WEST, 198.21 FEET TO A 1/2” CAPPED REBAR (LS#21183) ON THE EAST R/W OF MOUNTAINBORO ROAD (80`R/W); THENCE NORTH 28 DEG 04` 03” EAST, 348.45 FEET ALONG SAID R/W TO A 1/2” CAPPED REBAR (LS#21183);

THENCE LEAVING SAID R/W, SOUTH 61 DEG 55` 57” EAST, 232.87 FEET TO THE POINT OF BEGINNING.

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

Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

July 17, 24 & 31, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Freda T. Bradley, to Mortgage Electronic Registration Systems, Inc. solely as nominee for PRIMARY RESIDENTIAL MORTGAGE INC., on July 24, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument, Number 3298948; and subsequently transferred to CitiMortgage, Inc.; CitiMortgage, Inc., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on August 18, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBERED 13 IN KIRKLAND ADDITION TO SOUTHSIDE, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “H”, PAGE 69, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN SOUTHSIDE, ETOWAH COUNTY ALABAMA.

PARCEL NUMBER: 21-02-04-AL0-001-162.000

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

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

July 17, 24 & 31, 2015

______________

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 and assigned 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

244 Inverness Center Drive, Suite 200

Birmingham, AL 35242

205 970 2233

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO JUNE 9, 2015 AT THE TIME AND PLACE SET OUT ABOVE

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO JULY 14, 2015 AT THE TIME AND PLACE SET OUT ABOVE

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO OCTOBER 6, 2015 AT THE TIME AND PLACE SET OUT ABOVE

July 17, 2015

______________

NOTICE TO

FILE CLAIMS

REBECCA JOY SMITH SWEAT appointed Personal Representative (s) on June 19, 2015 Estate of CHARLES CLARENCE SWEAT, 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

July 3, 10 & 17, 2015

______________

NOTICE TO

FILE CLAIMS

JACQUELYN SANSOM STEPHENS, SANDRA SANSOM WANNER AND KARON SANSOM FORTENBERRY appointed Personal Representative (s) on June 17, 2015 Estate of O.C. SANSOM, 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

July 3, 10 & 17, 2015

______________

NOTICE TO

FILE CLAIMS

CHRISTY CRANFORD appointed Personal Representative (s) on June 2, 2015 Estate of ROBERT LEROY OHNECK, 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

July 3, 10 & 17, 2015

______________

NOTICE TO

FILE CLAIMS

BRUCE HODGES appointed Personal Representative (s) on June 8, 2015 Estate of DOROTHY B. HODGES, 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

July 10, 17 & 24, 2015

______________

NOTICE TO

FILE CLAIMS

PATRICK D. STARGELL appointed Personal Representative (s) on May 18, 2015 Estate of FRANKIE RUTH THOMASON, 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

July 10, 17 & 24, 2015

______________

NOTICE TO

FILE CLAIMS

JACOB ALLEN MILLICAN appointed Personal Representative (s) on June 24, 2015 Estate of BETTY JAN DANIEL, 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

July 10, 17 & 24, 2015

______________

NOTICE TO

FILE CLAIMS

MELANIE ANN PHIPPS appointed Personal Representative (s) on June 15, 2015 Estate of TINA M. PHILLIPS, 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

July 10, 17 & 24, 2015

______________

NOTICE TO

FILE CLAIMS

DEWITT COX appointed Personal Representative (s) on June 24, 2015 Estate of MARGIE HUDSON, 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

July 10, 17 & 24, 2015

_____________

NOTICE TO

FILE CLAIMS

STANLEY KAS appointed Personal Representative (s) on July 7, 2015 Estate of GLORIA C. KAS, 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

July 17, 24 & 31, 2015

_____________

NOTICE TO

FILE CLAIMS

WILLIAM TIMOTHY BARBAREE appointed Personal Representative (s) on July 2, 2015 Estate of MILDRED N. BARBAREE, 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

July 17, 24 & 31, 2015

_____________

NOTICE TO

FILE CLAIMS

WAYLAND HOUSTON RYAN appointed Personal Representative (s) on June 24, 2015 Estate of VICKY LYNN RYAN, 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

July 17, 24 & 31, 2015

_____________

NOTICE TO

FILE CLAIMS

JOAN ENGLAND appointed Personal Representative (s) on June 23, 2015 Estate of JAMES KEVIN FOSTER, 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

July 17, 24 & 31, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, AL 36132, and FLAT IRON HOLDINGS, LLC, 108 West 13th St, Wilmington, DE 19801, 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, JULY 28TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 917 AVENUE F in District 3 in the City of Gadsden, more particularly described as: 

Lot 5 in Block 29 of Thornton Addition, according to the map thereof   recorded in Plat Book “B’, Page 334, Probate Office, Etowah County, Alabama.

is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

Brian Harbison                                                  

BUILDING OFFICIAL 

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL 36132, the heirs of the Estate of James Haygood, and FIRST FAMILY FINANCIAL SERVICES, INC., 435 George Wallace Drive, 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, JULY 28TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 825 ROSEWOOD LANE  in District 2` in the City of Gadsden, more particularly described as: 

Lot Number Thirteen (13) in Block “C” of Oakleigh Estates Gadsden, Alabama, as recorded in Plat Book “G”, Page55, in the Probate Office of Etowah County, Gadsden, 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

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to JOHNNY M. BALCOMB, and ESTATE OF MARTHA A. BALCOMB (REBECCA ANN BALCOMB and MARTHA ELIZABETH BALCOMB TEMPLETON) and AMERICAN GENERAL FINANCE , 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, JULY 28TH,  at 5:00 p.m., a hearing will be held to determine whether or not the property located at 207 ANN AVENUE in District 7 in the City of Gadsden, more particularly described as:

Lots 10 and 11 in Block 41 of Bellevue Highlands First Addition according to the map thereof recorded in Plat Book “B”, Page 286, Probate Office, Etowah County. Alabama.

Should be assessed with a lien of $3,366.20   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

Brian Harbison                                        

Building Official  

City of Gadsden                                       

P. O. Box 267                                         

Gadsden, AL  35902  

(205) 549-4529

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, and DON FOREMAN, 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, JULY 28TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 613 POLK STREET in District 2 in the City of Gadsden, more particularly described as: 

 Lot Number 32 and 33 in Block 5 of Eastview Addition, of the City of Gadsden, as recorded in Plat Book “C’, Page 10, Probate Office, Etowah County, Alabama.        

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

Brian Harbison                                                  

BUILDING OFFICIAL    

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to BRIAN JEROME LINDSEY, 1516 Eastview Avenue, Gadsden, AL 35903, and CITIFINANCIAL, 435 George Wallace Drive, 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, JULY 28th, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 202 SEWELL STREET in District 1 in the City of Gadsden, more particularly described as: 

PARCEL ONE:

Lots Number One (1) and Number Two (2) in Block “B” in Pinehurst Third Addition,

according to the map or plat thereof recorded in Plat Book “C”, Page 55, in the Office of

the Judge of Probate of Etowah County, Alabama and lying and being in Gadsden, Etowah

County, Alabama, subject easements or restrictions of record. 

PARCEL TWO:

Lot Number Three (3) in Block “B”, in Pinehurst Third Addition, according to the map or plat thereof recorded in Plat Book “C”, Page 55, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, together rwith 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

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to J.C. CLAY and wife HELEN CLAY, 3317 Forrest Ave, Gadsden, AL 35901, and FNA NP, LLC, 120 N. LaSalle Street, 29th Floor, Chicago, IL 60602, 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, JULY 28th, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 408 CAROLYN LANE  in District 2 in the City of Gadsden, more particularly described as: 

Lot 23 in Block N according to the Plat of Oakleigh Estates as same appears of record in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book “G’, at Page 55.

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

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given DAVID C. WILLIAMS, an unmarried man, CEDRIC L. HORTON  an unmarried man, and  DAVID L. WILLIAMS, an unmarried man, 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, JULY 28TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 100 SPRINGDALE COURT in District 2 in the City of Gadsden, more particularly described as: 

Lot 16 in Block “H” of Oakleigh Estates as set forth in Plat Book “G”, Pages 55 as recorded in the Office of the Judge of Probate, Etowah County, Gadsden, 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

July 17, 2015

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to EARL MORRIS CHAMBERS, 120 North 5th Street, Gadsden, AL 35901, and THE EXCHANGE BANK OF ALABAMA, 230 N. 3rd Street, Gadsden, AL 35901, 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, JULY 28TH, at 5:00 p.m., a hearing will be held to determine whether or not the structure or condition located at 910 WILSON AVENUE in District 2 in the City of Gadsden, more particularly described as: 

Lot Number Nine (9) in Block Thirty-Six (36)  in Garden City Residential Subdivision #1, according to the map or Plat thereof recorded in Plat Book “C’ , Pages 408 and 409, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, 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

July 17, 2015

______________

RESOLUTION NO. R-196-15

Ordering Abatement of Nuisance

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

105 BROOKWOOD DRIVE in District 1 in the City of Gadsden, more particularly described as:

Lot 15 in Block 1 of Brookwood Addition, according to the map thereof recorded in Plat Book D, Page 88, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to James Kirkland, 1003 Wainwright Avenue;

Now, Therefore, be it resolved by the City Council of the City 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 July 7, 2015.

Iva Nelson, City Clerk              

July 17, 2015

______________

RESOLUTION NO. R-197-15

Ordering Abatement of Nuisance

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

639 ABERCROMBIE STREET in District 3 in the City of Gadsden, more particularly described as:  

Lot 10 of Abercrombie Addition, according to the map thereof recorded in Plat Book B, Page 46, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and Samuel Wyatt;        

Now, Therefore, be it resolved by the City Council of the City 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 and repairing said structure and to give notice of this decision in accordance with the City Code. 

Adopted by the City Council of Gadsden on July 7, 2015.                                    

 Iva Nelson, City Clerk      

July 17, 2015

______________

RESOLUTION NO. R-198-15

Ordering Abatement of Nuisance

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

421 EVANS STREET in District 3 in the City of Gadsden, more particularly described as:

For a point of beginning to describe the lands herein, start at the southwest corner of the NW 1/2 of NW 1/2, in Section 4 and from thence run in an easterly direction, along the south line of said 40 a distance of 175 feet to where the east line of Evans Alley, or Street, intersects said 40 line; thence deflect an angle of 79°54’ to the left and run an a northerly direction and along the east line of said alley, or street, a distance of 396 feet to a point, which point is the northwest corner of that certain lot conveyed by Daisey Sullivan, et al., to trustees of Church of God and Christ, by deed dated 23rd May, 1936, and recorded in Book “5-Q”, Page 327, Probate Office, Etowah County, Alabama, and which point is the southwest corner of Lot number 14, Evans Addition, and is the point of beginning of lands herein described; and from said point of beginning run in an easterly direction along the south line of said Lot Number 14 and along the north line of said Church lot and said line extended a distance of 155 feet to the southeast corner of said Lot Number 14; thence in a Northerly direction and along the east line of said Lot Number 14 a distance of 65.5 feet to the southeast corner of that certain lot conveyed by Mary Nell Thornton, register, to Mason Lovejoy, by deed dated 24th August, 1950, and recorded in Book “452”, Page 393, said Probate Office; thence in a westerly direction and along the south line of said Mason Lovejoy lot a distance of 155 feet to the southwest corner thereof; thence in a southerly direction and along the east line of Evans Alley, or Street, a distance of 65.5 feet to the point of beginning, said description embracing a portion of what is known as Lot Number 14 in the Evans Addition to Gadsden, and being a portion of the West Ten Acres of the northwest quarter (NW 1/4) of the northwest quarter (NW 1/4), in Section Four (4), Township Twelve (12), South, Range Six (6) East of Huntsville Meridian, in Gadsden, Etowah County, Alabama, and supposed to embrace the same identical lot conveyed by Lizzie Reeves, a widow, to Karcus Robinson and wife, Corrie Robinson, by deed dated 14th April, 1922, and recorded in Book “4-E”, Page 52, said Probate Office.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and the Estate of Myrtle Lovejoy;

Now, Therefore, be it resolved by the City Council of the City 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 July 7, 2015.

Iva Nelson, City Clerk    

July 17, 2015          

_____________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-8453

IN THE MATTER OF THE ESTATE OF JOYCE H. CLOUGH, DECEASED.

TO JAMES CLOUGH whose whereabouts are unknown

SHARON CLOUGH BOWMAN HAS FILED IN THIS COURT AN INSTRUMENT PURPORTING  TO BE THE LAST WILL AND TESTAMENT OF JOYCE H. CLOUGH, DECEASED, AND PRAYS FOR ADMISSION TO PROBATE SAID INSTRUMENT AS THE LAST WILL AND TESTAMENT OF SAID DECEDENT.

You are hereby further notified to appear on or before the 6th day of August, 2015 at 10:00 a.m. when said petition will be heard.

Done this the 24th day of June, 2015.

Bobby M. Junkins

Judge of Probate

July 3, 10 & 17, 2015

_____________

LEGAL NOTICE

McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. STPOA-HSIP -0007(537) in Etowah County. This notice will appear for four consecutive weeks beginning on July 3, 2015 and ending on July 24, 2015. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.

McCartney Construction, Inc.

July 3, 10, 17 & 24, 2015

______________

LEGAL NOTICE

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: JU-2013-244.01

IN RE: THE MATTER OF Catherine Suzan Del Aguila (previously known as unknown baby Grafton)

NOTICE TO CHRISTIE RENEE GRAFTON AND ERIC MADDOX: Please take notice that a Petition for Determination of Subject Matter of Jurisdiction is pending before the Juvenile Court of Etowah County, Alabama in Case Number JU-2013-244.01 and that the above names parties shall have thirty (30) days from the 17th day of July, 2015 to respond to said Petition.

Ordered this the 12th day of June, 2015.

Will Clay

Juvenile Judge

July 10, 17, 24 & 31, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

STATE OF ALABAMA, ex rel

JIMMY HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs

THREE THOUSAND ONE HUNDRED SEVENTY-NINE AND NO/100 DOLLARS IN POSSESSION OF PAUL ATHA

Defendants.

In Re: Paul Atha

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described monies. You are hereby notified that you must answer said Complaint by the 27th day of July, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said monies.

Done this the 28th day of May, 2015.

Cassandra Johnson

Circuit Clerk

June 5, 12, 19 & 26, 2015

______________

NOTICE OF

DIVORCE

ACTION

HOYT DEAN WIGGINS, whose whereabouts is unknown, must answer the complaint of BRITTANY NICOLE WIGGINS, seeking a divorce and other relief by July 27, 2015 or thereafter a judgment by default may be rendered against him in Civil Action No.: DR-15-204 WHR Circuit Court of Etowah County, Alabama.

Dated this 26th day of May, 2015

Cassandra Johnson

Circuit Clerk

June 5, 12, 19 & 26, 2015

______________

NOTICE OF

DIVORCE

ACTION

Francisco Abarca, whose whereabouts are unknown, must answer the complaint of Maria De Jesus Gallego by answering a divorce and other relief by August 17, 2015 or thereafter a judgment of default may be rendered against him in Civil Action No.: DR-15-900196 DAK, Circuit Court of Etowah County, Alabama.

Dated June 17, 2015.

Cassandra Johnson

Circuit Clerk

June 26, July 3, 10 & 17, 2015

______________

NOTICE OF BID

The city of Attalla will take bids for monthly pest control services at all city buildings. A copy of the pest control specifications may be picked up at City Hall, 612 4th St. NW. Attalla. The deadline for accepting bids will be Friday, July 31, 2015, at 4:00 p.m. The City of Attalla reserves the right to reject any and/or all bids.

July 17, 24 & 31, 2015

______________

NOTICE OF BID

The City of Attalla will take bids for someone to purchase and remove the existing Attalla Elementary School, (Building Only), located at 801 4th St. NW. in Attalla, Alabama. The deadline for accepting bids will be on Friday, July 24, 2015 at 4:00 p.m. The City of Attalla reserves the right to reject any and/or all bids. Once awarded, the contractor will have one year from the date the contract is signed to complete the work. You may pick up a copy of the Scope of Work at Attalla City Hall, located at 612 4th St. NW. in Attalla, Alabama, from 8:00 a.m. until 4:00 p.m. Monday thru Friday.

July 10, 17 & 24, 2015

______________

NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: S-8536

IN RE: THE MATTER OF THE LAST WILL AND TESTAMENT OF LARRY WALTERS, DECEASED.

TO KIM WALTERS, WHOSE ADDRESS IS UNKNOWN

You will hereby take notice that on this day cam Dixie Penney and produced to the Court a paper in writing purporting to be the Last Will and Testament of Larry Walters, deceased, and moves the Court to admit the said Will to Probate and record in this Court.

You are hereby notified to be and appear before me, at my office in the Courthouse of said County, on the 6th day of August, 2015, at 2:00 p.m. o’clock, when the Petition for Probate of the Last Will and Testament of Larry Walters, deceased, will be considered, and to show cause, if any you have, why that the purported Last Will and Testament of the decedent should not be admitted to Probate and record as the true Last Will and Testament of the decedent, Larry Walters.

This the 1st day of July, 2015 at Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

July 10, 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 August 24, 2015 for charges due.

2014 Silverado VIN# 3GCPC REC4 EG414995

Claude Blackburn

231 Carroway Hill

Gadsden, AL 35901

July 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 August 24, 2015 for charges due.

2003 Jaguar VIN# SAJEA 51C3WD33328

TR Robert Motors

2310 W Meighan Blvd

Gadsden, AL 35904

July 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 August 24, 2015 for charges due.

2012 GMC Sierra VIN# 3GTP1V E08CG 196884

Southern Roots

21 Greensport Rd.

Ohatchee, AL 36271

July 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 August 24, 2015 for charges due.

1992 Dodge Dakota VIN# 1B7FL26 X3N 562718

July 17 & 24, 2015