Legal notices for the week of Aug. 28 - Sept. 4, 2015

August 28, 2015 chris
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MORTGAGE

FORECLOSURE SALE

Alabama, Etowah County Default having been made pursuant to the terms of that certain mortgage executed by Lisa Joy Joiner, an unmarried woman to Mortgage Electronic Registration Systems, Inc. as nominee for America’s Wholesale Lender, its successors and assigns, dated 04/23/01, said mortgage being recorded in Book 2001, Page 121, in the Office of the Judge of Probate of Etowah County, AL said Mortgage was last sold, assigned and transferred to Federal National Mortgage Association (“Fannie Mae”). Federal National Mortgage Association (“Fannie Mae”), 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 check 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 09/10/15 before the courthouse door of Etowah County, AL the following real estate, situated in Etowah County, AL, to-wit: A TRACT OR PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE SE 1/4, SECTION 7,  TOWNSHIP 10 SOUTH, RANGE 5 EAST, HUNTSVILLE MERIDIAN,  ETOWAH COUNTY, ALABAMA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:  COMMENCE AT A 5/8 INCH DIAMETER STEEL ROD WITH RED CAP STAMPED “BDH-RLS AL 9792” AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 7 WITH CHEROKEE INDIAN BOUNDARY LINE; THENCE S 09 DEGREES 43’ 44” E 2721.49 FEET; THENCE S 00 DEGREES 00’ 00” E 5.00 FEET; THENCE S 89 DEGREES 37’07” W 242.00 FEET TO A 1/2 INCH DIAMETER STEEL ROD WITH YELLOW CAP STAMPED “CORBIN PLS 11081” ON THE SOUTH RIGHT-OF-WAY LIMITED OF SARDIS CUTOFF ROAD, A 30 FOOT CITY STREET, THE TRUE POINT OF BEGINNING; THENCE  LEAVING SAID  RIGHT OF WAY LIMIT S 17 DEGREES 05’ 00” E 263.95 FEET (RECORD 264 FEET) TO A TWO INCH DIAMETER PIPE; THENCE S 77 DEGREES 37’ 52” W 29.47 FEET (RECORD S  89 DEGREES 01’ W 25 FEET TO GRADER BLADE; THENCE S 23 DEGREES 05’ 15” E  (RECORD S 17 DEGREES 05’  E) 30.00 FEET TO AN IRON SET  (THIS IRON  AND ALL IRONS HEREAFTER REFERRED TO AS  “SET”  ARE 5/8 INCH DIAMETER STEEL RODS WITH RED PLASTIC CAP STAMPED HUNKAPILLER AL CA-0223-LS); THENCE  N 87 DEGREES 31’ 22” W (RECORD S 89 DEGREES 01’ W) 75.00 FEET TO A 1/2 INCH DIAMETER STEEL ROD; THENCE S 09 DEGREES 28’ 54” E 15.02 FEET (RECORD S 17 DEGREES 05’ E15 FEET) TO A GRADER BLADE AT AN OLD WOOD POST; THENCE N 70 DEGREES 05’ 29” W 18.35 FEET (RECORD N 88 DEGREES 51’ W  20 FEET) TO A 3/4 INCH DIAMETER PIPE; THENCE N 15 DEGREES 31’ 20” W 301.82 FEET (RECORD N 15 DEGREES 45’ W 305.57 FEET) TO A TWO INCH DIAMETER PIPE ON THE SOUTH RIGHT OF WAY LIMIT OF SAID SARDIS CUTOFF ROAD;  THENCE ALONG SAID RIGHT OF WAY, LIMIT N 89 DEGREES 37’ 07”  E 109.97 FEET (RECORD N 89 DEGREES 01’ E 110 FEET) TO THE TRUE  POINT OF BEGINNING.  ACCORDING TO THE SURVEY PREPARED  BY B.D. HUNKAPILLER, PE/LS ALA. REG NO. 9792, DATED JUNE 26, 1996. Said property is commonly known as 100 SARDIS CUT-OFF ROAD, BOAZ, AL 35956. 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 Lisa Joy Joiner or tenant(s). RCO Legal, P.C. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192 TS#: 7345. 28579 FEI # 2013. 03362

Aug 14, 21 & 28, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by JAMES GARRETT and LAUREN GARRETT, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Federal Bank, as Mortgagee, dated the 9th day of March, 2010, and recorded in Instrument No. 3329182, 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., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP 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 11th day of September, 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 Number Five (5) of Edwards Tract No. Three (3) as recorded in Plat Book (I), Page 71, in the Office of the Judge of Probate, 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

Aug 14, 21 & 28, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Commercial Real Estate Mortgage and Assignment of Leases and Rents executed by THE REDFIELD GROUP, INC., Mortgagor, to BRANCH BANKING AND TRUST COMPANY, successor in interest to Colonial Bank by asset acquisition from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Mortgagee, on the 25th day of November 2002, said mortgage recorded on December 4, 2002, in the Probate Office of Etowah County, Alabama, as Document Number M-2002-5623, as affected by that certain Assignment of Security Instruments and Other Loan Documents from the Federal Deposit Insurance Corporation in its capacity as Receiver for Colonial Bank to Branch Banking and Trust Company (BB&T), recorded in the aforesaid Probate Office, on October 27, 2009, as Instrument Number 3322250, under and by virtue of the power of sale contained in said mortgage, Mortgagee will sell at public outcry to the highest bidder for cash, in front of the main entrance to the Etowah County Courthouse in Gadsden, Etowah County, Alabama on the 9th day of October 2015, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to wit:

Commence at the Southeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section Twenty-nine (29) Township Twelve (12) South, Range Six (6) East and run Westerly along the South line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) a distance of 312.5 feet; thence deflect 44˚ 49’ left and Southwesterly along the Southeasterly line of Lot Three (3), Block One (1) of the J. H. Summers Second Addition to Summerville as recorded in Plat Book “B”, Page 100, in the Probate Office of Etowah County, Alabama, a distance of 138.71 feet to the point of beginning; from said point of beginning continue Southwesterly along the Southeasterly line of said Lot Three (3) a distance of 200 feet to a point on the Northeasterly right of way line of Spurlock Avenue; thence deflect 90˚ right and run Northwesterly along the Northeasterly right of way line of Spurlock Avenue a distance of 276.8 feet to a point on the Southeasterly right of way line of Rainbow Drive; thence deflect 90˚ 25’ 30” right and run Northeasterly along the Southeasterly right of way line of Rainbow Drive a distance of 200 feet; thence deflect 89˚ 34’ 30” right and run a distance of 275.32 feet to the point of beginning.

Said parcel of land being a portion of Lots One (1), Two (2) and Three (3), Block One (1) of the J. H. Summers Second Addition to Summerville as recorded in Plat Book “B”, Page 100, in the Probate Office of Etowah County, Alabama, and a portion of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section Twenty-nine (29), Township Twelve (12) South, Range Six (6) East.

Being subject to an easement 15 feet in width across the Northwesterly portion of the property adjacent to Rainbow Drive.  Lying and being in Rainbow City, Etowah County, Alabama.

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

Mortgagee makes no representation or warranty as to the physical condition of the real estate and/or any improvements thereon.  Mortgagee is not familiar with the environmental condition of the real property and makes no statements or warranties that said real estate is or is not free of any hazardous and/or toxic substances.  Any purchasers of said real estate will release and will hold and save Mortgagee harmless from and against all claims, losses, demands, costs, expenses (including attorney fees and other legal costs), liabilities, damages and judgments arising out of or related to Mortgagee’s use (past, present, or future) of said real estate or breach of this representation.

The above-described property will be sold on an “as is, where is” basis, subject to any filed taxes, and reservations and restrictions contained in prior deeds and easements for highway and/or road rights of way, telephone utility lines, rights of egress and ingress.  Said property will be sold without representation, warranty or recourse, express or implied, as to title, use and/or enjoyment of the property described above, and will be sold subject to the statutory right of redemption.  This sale is subject to postponement or cancellation; contact D. Brent Hargett at the phone number shown below prior to attendance at sale.

D. Brent Hargett

Attorney for Mortgagee

SASSER, SEFTON & BROWN, P.C.

P.O. Box 4539

Montgomery, AL 36103-4539

(334) 532-3400

Aug 14, 21 & 28, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 17, 2010 by James Paul Gaylor and Suzanna Gaylor, husband and wife as joint tenants with full rights of survivorship, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Southern Home Mortgage Corporation, and recorded in Instrument No. at 3336770 on August 20, 2010, and modified in That certain Loan Modification Agreement dated May 6, 2014 and recorded in Instrument No. 3403995 in the Office of the Judge of Probate of Etowah County, Alabama on July 1, 2014., in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred to Wells Fargo Bank, NA. 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 September 10, 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:

Begin at a point of intersection of the Southerly R/W of Vaughn Road (50 food R/W AKA Walnut Grove-Howelton Road) with the West line of the NW 1/4 of the NE 1/4, Section 16, Township 11 South, Range 4 East of Huntsville Meridian, Etowah County, Alabama and run Southerly along said West line , 249.08 feet to an existing flat iron at the Southwest corner of said 1/4; thence deflect 86 degrees 51 minutes 14 seconds left leaving said West line and run Easterly along the South line of said 1/4, 410.00 feet to a point; thence 93 degrees 08 minutes 48 seconds left leaving said South line and run Northerly 454.37 feet to a point on said R/W; thence deflect 114 degrees 03 minutes 36 seconds left and run Southwesterly along said R/W 448.33 feet to the point of beginning. Said property being a point of the NW 1/4 of the NE 1/4, Section 16, Township 11 South, Range 4 East, Etowah County, Alabama. 

For informational purposes only, the property address is: 2155 Vaugn Rd, Altoona, AL 35952.  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/ 15-007625

ATTORNEYS FOR MORTGAGEE OR TRANSFEREE

Aug 14, 21 & 28, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William M. Dixon, married and Ann Dixon, married, originally in favor of Wachovia Bank, National Association, on the 27th day of April, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3271485; the undersigned Wells Fargo Bank, N.A., successor by merger to Wachovia 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 October 5, 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(s) 10, Solar Estates according to the map or plat thereof recorded in Plat Book I, Page 131 in the Office of the Judge of Probate, Etowah County, Alabama.

Property street address for informational purposes:  165 Stardust Dr, Boaz, AL 35956

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., successor by merger to Wachovia 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

368825

Aug 21, 28 & Sept 4, 2015

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MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joshua Tate Fielding, a single man, to Alabama Teachers Credit Union on the 14th day of December, 2011, said mortgage being recorded at Instrument #3359735, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 14th day of September, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Begin at a crimped pipe marking the NW corner of Tract 11, J. T. Noojin Estates, as recorded in Plat Book “C”, Pages 44 & 45, in the Probate Office of Etowah County, Alabama, and located in Section 17, Township 12 South, Range 7 East, thence N87°42’04”E 544.60’ to a ½” rebar capped (CA-497-LS), on the bank of Big Cove Creek, thence along the bank of said creek the following bearings and distances:  S57°32’02”W 43.74’ to a point, thence S17°40’07”W 70.92’ to a point, thence S18°48’41”W 31.66’ to a point, thence S41°23’07”E 44.95’ to a point, thence S24°19’30”E 107.87’to a point, thence S42°46’48”E 164.87’ to a point, thence S16°14’04”E 153.57’ to a point, thence S32°29’31”E 150.10’ to a point, thence S16°50’02”E 63.22’ to a point, thence S47°27’51”E 47.11’ to a 3/8” rebar, thence leaving said bank of said creek S15°00’02”W 938.94’ to a cross tie on the northerly R/W of U.S. Highway #278 (R/W varies), thence N89°21’25”W 41.50’ along said R/W to a ½” rebar capped (CA-497-LS), thence leaving said R/W N15°00’02”E 623.28’ to a ½” rebar capped (CA-497-LS), thence N53°21’19”W 549.82’ to a ½” rebar capped (CA-497-LS), thence N40°16’18”W 272.38’ to a point ½” rebar capped (CA-497-LS), thence run N 52 degrees 24’45” West 237.36’ to a point; thence run N 14 degrees 46’32” East for a distance of 353.98’ to the point of beginning.  Said description embracing a portion of the Lots 11, 12 & 13 of the J. T. Noojin Estate, according to the map or plat thereof recorded in Plat Book “C”, Pages 44 & 45, Probate Office, Etowah County, Alabama.

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

Alabama Teachers Credit Union

BY:__/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick 

& Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Aug 21, 28 & Sept 4, 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 Kenneth R. Marbuary and Evon R. Marbuary, originally in favor of American General Financial Services, on the 12th day of January, 2009, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3307052; the undersigned Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, 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 October 5, 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 12, Block 2 of the Brookwood Addition to Gadsden, as shown by the map or plat thereof recorded in Plat Book “D” Page 88, in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden Etowah County, Alabama.

Property street address for informational purposes:  147 Brookwood Dr , 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.

Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

369233

Aug 21, 28 & Sept 4, 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 Russell A. Angle and Renea S. Angle, husband and wife, originally in favor of New Century Mortgage Corporation, on the 5th day of August, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number M-2005-3901; the undersigned HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-NC1, Asset Backed Pass-Through Certificates, 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 October 5, 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:

Parcel One: 

A tract of land described as beginning at a point on the West side of lay spring Cut-Off Road, which said point is West 20 feet and North 879 feet from the Southeast corner of the NE 1/4 of the SW 1/4, Section 31, Township 10 South, Range 7 East; thence from said Point of Beginning run South 70 degrees 40 minutes West 660 feet to the center line of Black Creek; thence Northerly following Black Creek 460 feet, more or less, to the south side of Lay Springs Cut-Off Road; thence run with said Lay Springs Cut Off Road South 75 degrees 15 minutes East 140 feet South 67 degrees 45 minutes East 170 feet, South 41 degrees 50 minutes East 130, and South 0 degrees 25 minutes East 100 feet, to the Point Of Beginning, being a portion of the Northeast Quarter of the Southeast Quarter (NE 1/4 of the SW 1/4), Section Thirty One(31), Township (10) South, Range (7) East, Etowah County, Alabama.

Parcel Two:

A strip of land 12 feet wide. Beginning at Raymond Theadore Taylor’s present Southeast Corner on the Public Road and running South along the Public Road 12 feet, thence West to Black Creek, thence North along Black Creek 12 feet to Raymond Theadore Taylor’s Present Line; thence along Raymond Theadore Taylor’s Present Line East to Point of Beginning lying in and being a part of the NE 1/4 of the SW 1/4 of Section 31, Township 10 South, Range 7 East in Etowah County, Alabama.

Property street address for informational purposes:  328 Moon Rd, 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.

HSBC Bank USA, National Association, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-NC1, Asset Backed Pass-Through Certificates, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

363017

Aug 21, 28 & Sept 4, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on March 13, 2009 by Karla Phillips and Charles Steve Phillips, wife and husband, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Network Funding, L.P., and recorded in Instrument # at 3310599 on March 25, 2009, in the Office of the Judge of Probate of Etowah County, Alabama. 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 September 21, 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:

For a point of beginning to describe the lands herein start at the southeast corner of the SE 1 /4 of the SE 1/4 in Section 5 and from thence run in a northerly direction and along the cast line of said forty a distance of 522 feet to a point, which said point is the southeast corner of the Jeffie Belle B. Lister and Jack R. Lister property as described in instrument dated 3rd July, 1947, and recorded in Book 347, P11ce 443, Probate Office, Etowah County, Alabama, and which said point is also the northeast corner of the A. W. Burns, Jr. And Mildred L. Burns property as described in instrument dated 3rd July, 1947, and recorded in Book 345, Page 53, said Probate Office; thence run North 84 degrees 33 minutes West and along the dividing line between said Lister and Burns property a distance of 946 feet, more or less, to the northeast corner of that certain tract conveyed by W. H. McCain and wife, Lois Q. McCain to Samuel Lawrence Tipton and wife, Pally Ann M. Tipton, by deed dated 19th ,June, 1974, and recorded in Rook 1199, Page 801, said Probate: Office; thence run in a southerly direction and along the east line of said Tipton tract a distance of 100 feet, more or less, to the southeast corner thereof, said point being the northeast corner of that certain tract conveyed by W. H. McCain and wife, Lois Q. McCain, to James Henry and wife, Rita Henry, by deed dated 8th February, 1972, and recorded in Book 1156, page 901, said Probate Office; thence continue In a southerly direction and along the east line of said Henry tract a distance of 100 feet to the southeast corner of Hid Henry tract, which said last mentioned point is the point of beginning to describe the lands herein and from said point of beginning run in a westerly direction and along the south line of said Henry tract a distance of 190 feet to a point in the center line of the Cedar Bend Public Road; thence run in a southerly direction and along the center line of the Cedar Bend Public Road a distance of 100 feet, more or less, lo a point of intersection or the center line of the Cedar Bend Public Road with the center line of the road connecting said Cedar Bend Public Road with the Gilbert Fer1-y Public Rood, or Highway No. 77; thence run in a Southeasterly direction and along the center line of said connecting road a distance of 190 feet, more or less, to a point in a line which is a continuation of the east line of said Henry lot in a southerly direction in a direct straight line; thence run in a northerly direction in a direct line a distance of 100 feet, more or less, to the southeast corner of said Henry lot and the point of beginning, said description embracing a portion of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4)in Section Five (5), Township Thirteen (13) South, Range Six (6) East of Huntsville Meridian, in Southside, Etowah County, Alabama, subject to the rights of the public to the use of those portions thereof embraced within the boundaries of the public roads hereinabove  mentioned and subject to the right of the Alabama rower Company as described in instrument recorded In Book “5-S”, Page 135, Probate Office, Etowah County, Alabama, the foregoing description embracing within its boundaries that certain lot attempted to be conveyed by W. H. McCain and wife, Lois Q. McCain, to Thomas D. Phillips and wife, Ella H. Phillips, by deed dated 1st September, 1961, and recorded in Book 1131, Page 305, Probate Office, Etowah County, Alabama. 

For informational purposes only, the property address is: 2808 Cedar Bend Rd North, Southside, AL 35907.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Wells Fargo Bank, N.A., and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007741

Attorneys for Mortgagee or Transferee

Aug 28, Sept 4 & 11, 2015

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Don F. Bradford, Inc., an Alabama corporation,  to Allen Heath Patrick, an undivided one-third interest; Ronald A. Patrick, an undivided one-third interest; and Cecil R. Dorsett and wife, Barbara B. Dorsett, an undivided one-third interest; dated May 30, 2014, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3402550; the undersigned mortgage owner, Allen Heath Patrick, Ronald A. Patrick and Cecil R. Dorsett and wife, Barbara B. Dorsett, 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 25th day of August, 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:

Parcel One:

Lots 1, 2, 3, 4, 5, 12, 13, 14, 15, 17, 29, 30, 31, 32 and 33 of The Cove at Waterford Place as recorded in map or plat thereof in Plat Book “L”, Page 74, Probate Office, Etowah County, Alabama.

Parcel Two:

Lots I-22, I-23, I-24 and I-25 of The Isle at Waterford Place as recorded in map or plat thereof in Plat Book “M”, Page 2, Probate Office, Etowah County, Alabama.

Parcel Three:

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Ramsgate as recorded in map or plat thereof in Plat Book “M”, Page 10, Probate Office, Etowah County, Alabama.

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

Allen Heath Patrick,

Ronald A. Patrick,

Cecil R. Dorsett and Barbara B. Dorsett

Mortgage Owners

COPELAND LAW FIRM, LLP

Attorneys for Mortgage Owners

This foreclosure sale has been postponed until September 4, 2015.

Aug 28, 2015

_____________

NOTICE TO

FILE CLAIMS

MICHELE K. ADAMS appointed Personal Representative (s) on July 17, 2015 Estate of JANET INA DAVIS, 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

Aug 14, 21 & 28, 2015

_____________

NOTICE TO

FILE CLAIMS

CHARLES C. HAGLER appointed Personal Representative (s) on July 27, 2015 Estate of ANNETTE LITTLE, 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

Aug 14, 21 & 28, 2015

_____________

NOTICE TO

FILE CLAIMS

GINGER CAROL BELYEU appointed Personal Representative (s) on July 28, 2015 Estate of NONA JEAN W. SMITH, 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

Aug 14, 21 & 28, 2015

_____________

NOTICE TO

FILE CLAIMS

MICHAEL RAYBURN MCDANIEL appointed Personal Representative (s) on July 31, 2015 Estate of MILDRED VIRGINIA MCDANIEL, 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

Aug 14, 21 & 28, 2015

_____________

NOTICE TO

FILE CLAIMS

JOSEPH EDWARD MILLER, JR. AND JEFFREY SCOTT MILLER appointed Personal Representative (s) on August 4, 2015 Estate of DOROTHY WHEELER MILLER, 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

Aug 14, 21 & 28, 2015

_____________

NOTICE TO

FILE CLAIMS

STEPHANIE BLAYLOCK appointed Personal Representative on August 4, 2015 Estate of ALFONZO BAKER, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

DR LYNNE WRIGHT appointed Personal Representative on August 3, 2015 Estate of PAULINE HILL WRIGHT, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

NANCY EDGE SCHMITZ appointed Personal Representative on July 22, 2015 Estate of DONALD R. SCHMITZ, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

WILLIAM ALLEN CUNNINGHAM appointed Personal Representative on Aug 7, 2015 Estate of MARTHA ANN CUNNINGHAM, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

RICKY DALE GALLOWAY appointed Personal Representative on Aug 10, 2015 Estate of MARY SUE SILVEY GALLOWAY, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

SANDRA HOLLOWAY appointed Personal Representative on July 28, 2015 Estate of H. B. HOLLOWAY, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

CECILIA A. MECHAM appointed Personal Representative on July 31, 2015 Estate of CECIL C. CRANFORD, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

MARIA PERRY appointed Personal Representative on July 30, 2015 Estate of DOROTHY BLACKWELL WESTBROOKS, 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

Aug 28, Sept 4 & 11, 2015

_____________

NOTICE TO

FILE CLAIMS

SARAH ELIZABETH MCELROY appointed Personal Representative on Aug 3, 2015 Estate of OPAL TRAYLOR, 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

Aug 28, Sept 4 & 11, 2015

______________NOTICE OF

PUBLIC

HEARING

The City of Attalla will hold public hearings to discuss remedies for nuisance/abatement cases that will come before the Attalla City Council on September 21, 2015 at City Hall, on September 21, 2015 at City Hall, at 5:00 p.m., located at 612 4th Street NW., Attalla, Alabama. The following addresses will be discussed.

609 Stewart Ave.; 103 Cherry St.; 608 7th Ave. NW; 101 Marshall St.; 107 Marshall St.; 305 10th Ave. NW.

Sharon Jones

City Clerk

City of Attalla

Aug 28 & Sept 4, 2015

_____________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, HEATH TUCKER and EDWARD NELSON, 413 N 24TH STREET, GADSDEN, ALABAMA 35904,  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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 413 N 24TH STREET  in District 6 in the City of Gadsden, more particularly described as: 

Lot Number One Hundred Fifteen (115), in Parcel Number Five (5) as shown on the map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51-65, Probate Office Etowah County, Alabama, and lying and being in Gadsden, (formerly Alabama City), 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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to STATE OF ALABAMA, P.O. BOX, 327210, MONTGOMERY, ALABAMA 36132, and DANNY FARMER, 702 PERKINS STREET, GADSDEN, ALABAMA 35904, 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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 2501 NORRIS AVENUE  in District 6 in the City of Gadsden, more particularly described as:

A house that sits on a tract of land described as beginning at the Northwest corner of Lot 5 Block No. 39; and from thence running in an Westerly direction a distance of 36 2/3 feet along the North line of said Lot to a point; thence Southerly and parallel with the East line of Lots 1, 2, 3, 4 and 5 in said Block to a point in the South line of Lot 1; thence Easterly along the South line of Lot 1 to the Southeast corner of said Lot; thence Northerly along Easterly line of Lots 1, 2, 3, 4 and 5 in said Block to the point of beginning, said description embracing what is commonly known as the East 1/3 of Lots 1, 2, 3, 4 and 5 in Block 39, according to Second survey of Alford’s Addition to Alabama City, as shown by map or plat thereof recorded in Book of Town Plats “A”, Page 308, Probate Office, Etowah County, Alabama, and lying and being in the City of Gadsden (formerly Alabama City), Etowah County, Alabama.

Should be assessed with a lien of $2,781.40   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

Aug 28, 2015

_____________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to SCOTT MCDANIEL and PAMELIA MCDANIEL, 24 WINONA AVENUE, GADSDEN, ALABAMA 35904,  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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 24 WINONA AVENUE  in District 6 in the City of Gadsden, more particularly described as: 

Lot Number 110 in parcel number 3, as shown on map of property of Cone Mills

Corporation, Dwight Division, recorded in Plat Book “F”, pages 51-65, in office of Judge of Probate Of Etowah County, Alabama subject to restrictions and reservations as shown in deed from Cone Mills Corporation dated February 29, 1960.

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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING                                                                  

                                                                        

Notice is hereby given to STATE OF ALABAMA, P.O. Box, 327210, MONTGOMERY, ALABAMA 36132, and RICHARD FRANKLIN and AMY SAMPLES, NOLAN T. HOLLAND, 1001 EWING AVENUE, GADSDEN, ALABAMA 35901, and GINA M. BATTLES, 940 BLACKBERRY LANE, GADSDEN, ALABAMA 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, SEPTEMBER 8, 2015  at 5:00 P.M., a hearing will be held to determine whether or not the property located at 105 S 23RD STREET in District 1 in the City of Gadsden, more particularly described as:

A lot described as beginning at the SE corner of Lot 2 and from thence run in a Northerly direction along the East line of said Lot a distance of 46.67’ to a point; thence in a Westerly direction and parallel with the South line of said lot a distance of 50’ to a point in the West line thereof; thence Southerly and along the West line of said lot a distance of 46.67’ to the SW corner thereof; thence in a Easterly direction and along the South line of said lot a distance of 50’ to the point of beginning and embracing what is commonly known as the South 46.67’ of Lot 2 in Block 33, according to the Second Survey of Alford Addition to Alabama City,  according to the map thereof recorded in Plat Book “A”, Page 308, Probate Office, Etowah County, Alabama, lying and being in Gadsden, formerly Alabama City, Etowah County, Alabama.

Should be assessed with a lien of $3,411.40 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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to MONICA MACK, 1211 TENNESSEE AVENUE, GADSDEN, ALABAMA 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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 211 RUTH STREET in District 1 in the City of Gadsden, more particularly described as:

Lot 9 in Block H of Rearrangement of Lots 2, 4, 6, 8, 10, 12, 14 and 16 in Block  H of the subdivision of Lots H and I of The Pinehurst Addition to East Gadsden,  according to the map thereof recorded in Plat Book E, Page 147, Probate Office, Etowah County, Alabama.

Should be assessed with a lien of $2,781.40   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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to L. M. & MELODY HARDY MCDANIEL, 1405 ODESSA STREET, GADSDEN, ALABAMA 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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1405 ODESSA STREET  in District 1 in the City of Gadsden, more particularly described as: 

Lots Number Eleven (11) and Twelve (12) in Block Two (2), in the resurvey of Lots 1, 2, 3,and 4, Sunnyside Addition, as recorded in Plat Book “C”, page 407, 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

Aug 28, 2015

_____________NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to ARLANDO JENNINGS, STATE of ALABAMA, P.O. BOX, 327210, MONTGOMERY, ALABAMA. 36132, and GARY RANDALL WELLS, 502 CLUBVIEW DRIVE, GLENCOE, ALABAMA 35905, 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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 1302 RANDALL STREET in District 5 in the City of Gadsden, more particularly described as:

Commence at an existing ½” pipe at the Southwest corner of Lot #10 of Wright’s Court Addition to Gadsden, as recorded in Plat Book “E”, Page 229, Probate Office, Etowah County, Alabama, on the Easterly R/W of Wright Court (25’ R/W) and run North 03°56’00” East, along said R/W and the West line of said lot, 20.02 feet to the point of beginning of the property described herein; thence continue North 03°56’00” East, along said R/W, 102.64 feet to a point on the Southerly R/W of Randall Street (50’ R/W) thence run North 88°13’00” East, leaving said Easterly R/W and along said Southerly R/W, 97.81 feet to an existing 3/8” rebar; thence run South 00°09’12” West, leaving said Southerly R/W and along the West line of Deed Book “1482”, Page 245, said Probate Office, 87.23 feet to a point; thence run South 80°07’17” West, 106.14 feet to the point of beginning. Said property being a portion of Lots #10 and #11, Wright’s Court Addition to Gadsden, Etowah County, Alabama, and contains 0.22 acre (more or less)

Should be assessed with a lien of $2,056.40   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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to STATE OF ALABAMA, P.O. BOX  327210, MONTGOMERY, ALABAMA. 36132, GARY J. KENNEDY JR., 1801 FUHRMAN DRIVE, GADSDEN, ALABAMA 35903, CHARLOTTE KENNEDY, P.O. BOX 5337, GLENCOE, ALABAMA 35905, and  MITCH KENNEDY, 5280 MOUNTAIN PASS ROAD, SOUTHSIDE, ALABAMA 35907, 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,  SEPTEMBER 8, 2015           at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 413 NUNNALLY AVENUE  in District 1 in the City of Gadsden, more particularly described as: 

Lots Number Seven (7) and Eight (8), in Block Number Three (3), in Mayflower Addition, according to the map thereof recorded in Plat Book “D”, page 37, Probate Office, 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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to DONNA POWERS & SUSAN POWERS, 5116 ORTEGA CIRCLE, HUNTSVILLE, ALABAMA 35810,  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,  SEPTEMBER 8, 2015  at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1112 SPRINGFIELD AVENUE  in District 1 in the City of Gadsden, more particularly described as: 

 Lot Number Seven (7) in Block Number One (1) according to the rearrangement of Blocks 1,2,3 and 4, according to the map or plat thereof as recorded in Plat Book “C”, Page 407 in the Office of the Judge of Probate of 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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to AVERY B. TUCKER, 13 SUMMERSWORTH AVENUE, GADSDEN, ALABAMA 35904, and AMSOUTH BANK, 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, SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 13 SOMMERSWORTH AVENUE  in District 6 in the City of Gadsden, more particularly described as: 

Lot Number Fifty-Six (56), in parcel number three (3), as shown on map of property of

Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51 through 65, in the Office of the Judge of Probate 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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to ANNA MAYFIELD, 2306 LOOKOUT  STREET, GADSDEN, ALABAMA 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, SEPTEMBER 8, 2015 at 5:00 P.M.,  a hearing will be held to determine whether or not the structure or condition located at 211 W  SUNSET DRIVE in District 7 in the City of Gadsden, more particularly described as: 

LOTS 2-3-4 & 5 BLOCK 1, VALEVIEW SUBDIVISION, GADSDEN 

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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to STATE of ALABAMA, P.O. BOX, 327210, MONTGOMERY, ALABAMA  36132, and RICHARD LEE COLEMAN and WILLIE RUTH COLEMAN, 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, SEPTEMBER 8, 2015  at 5:00 P.M., a hearing will be held to determine whether or not the property located at 911 SPRUCE STREET in District 5 in the City of Gadsden, more particularly described as:

The southerly forty five feet of Lot Thirty Seven (37) and the northerly five feet of Lot Thirty Six (36), in Block Three (3), more particularly described as beginning at the southeast corner of Lot 37 and from thence run in a northerly direction along the easterly line of Lot 37 a distance of 45 feet to a point: thence in a westerly direction and parallel with the northerly line of said lot to a point in the west line of Lot 37; thence in a southerly direction and along the westerly line of Lots 37 and 36 a distance of 50 feet to a point in the westerly line of Lot 36; thence in a easterly direction and parallel with the southerly line of Lot 37 to a point in the easterly line of Lot 36; thence in a northerly direction along the easterly line of Lot 36 a distance of 5 feet to a point of beginning; and lying and being in Block 3, Woodlawn Addition, as shown by map or plat thereof recorded in Plat Book “A”, Page 15, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama

Should be assessed with a lien of $3,131.40   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

Aug 28, 2015

______________NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to CEAPHUS WELCH, and wife, MAGGIE L. WELCH, C/O WILLEAN PRESLEY,  10244 SANDY MARSH LANE, ORLANDO, FLORIDA 32832, 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,  SEPTEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 917 TUSCALOOSA AVENUE  in District 3 in the City of Gadsden, more particularly described as: 

Lot Number Seven (7), in Block Number One (1), of the Liddell Addition to Gadsden, According to map or plat thereof recorded in Book of Town Plats “A”, page 216, in the office of the Judge of Probate of Etowah County, and being and lying in the City of Gadsden, Etowah County, Alabama, together with all improvements located therein.

              

 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

Aug 28, 2015

______________

RESOLUTION NO. R-270-15

Ordering Abatement of Nuisance

                                                                       

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

204 EAST BROAD STREET in District 2 in the City of Gadsden, more particularly described as:

Lots Numbers Eighteen (18) and Nineteen (19) and the West 1’ of Lot Number Twenty (20) of Eastview Land Company Addition, according to map or plat thereof as same appears of record in Plat Book “C”, Page 58, Probate Office, Etowah County, Alabama. Subject to any easements and restrictions of record.

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, John Wiggins, 931 Randall Street, and/or the Estate of Harold Watson, Sr.;

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 August 18, 2015.

       

Iva Nelson, City Clerk        

Aug 28, 2015      

_____________RESOLUTION NO. R-271-15

Ordering Abatement of Nuisance

                                                                       

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

608 TIDMORE BEND ROAD in District 2 in the City of Gadsden, more particularly described as:

For a point of beginning at the Southwest corner of Lot Number Six (6), from the said point travel in a southeasterly direction and along the southwest boundary line of Lot Number Six (6) a distance of 75 feet to a point; thence to the left an interior angle of 88° 57’ a distance of 306.6 feet to a point on the east line of Lot Six (6); thence to the left an interior angle of 150° 42’ a distance of 153.3 feet to the northernmost point of Lot Six (6) then to the left an interior angle of 29° 18’ a distance of 444.6 feet along the northwest boundary of Lot Six (6) to the point of beginning, said land herein described being a portion of Lot Number Six (6) in the First Addition to North Highlands and located on the Tidmore Bend Road, which is in the NE ¼ of the SW1/4 of Section 35, Township 11, South of Range 6 East, lying and being in Etowah County, Alabama, said First Addition to North Highlands being recorded in Plat Book “C”, Page 149, 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 Billy and Donna Watkins;

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 August 18, 2015.

       

Iva Nelson, City Clerk              

Aug 28, 2015

______________

RESOLUTION NO. R-272-15

Ordering Abatement of Nuisance

                                                                       

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

225 YALE AVENUE in District 2 in the City of Gadsden, more particularly described as:

Lot Number 49 of the India Sutherlin Estate as shown by map or plat thereof recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book “C”, Page 311, said property lying and being in Etowah County, Alabama. 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Estate of Francis Pruitt, Scott Loring, 161 Pelion Way, Killen, and Tony Pruitt, 100 Deer Brook Road, Pell City;

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 August 18, 2015

       

Iva Nelson, City Clerk    

Aug 28, 2015          

______________

RESOLUTION NO. R-273-15

Ordering Abatement of Nuisance

                                                                       

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

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

Commence at a point on the East side of the alley 210 feet from the Tuscaloosa road and running in an Easterly direction 210 feet to the line of Gardner lands; thence North along said line 52 ½ feet; thence West and parallel with the First line 210 feet to the alley; thence South 52 ½ feet to beginning point, being a part SW1/4 of the South East Quarter of Section Thirty Two, Township 11, Range 6 East, situated in Etowah County, Alabama.

is a nuisance and ordered its abatement; and

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

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 August 18, 2015.

       

Iva Nelson, City Clerk  

Aug 28, 2015            

______________

RESOLUTION NO. R-274-15

Ordering Abatement of Nuisance

                                                                       

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

1404 HILL AVENUE in District 3 in the City of Gadsden, more particularly described as:

Lot Number One (1) and the East four-fifths (E 4/5) of Lot Number Three (3) in Block Number Six (6) of Hill and Cansler Addition according to the map or plat thereof recorded in Plat Book “A”, Pages 74 and 75, Probate Office, Etowah County, Alabama, save and except those portions of said property heretofore conveyed by those certain deeds recorded in Book “7-P”, Page 391 and Book “7-P”, Page 479, 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 Nathan L. Carter and Elvy K. Carter, 264 Boyd Drive;

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 August 18, 2015.

       

Iva Nelson, City Clerk     

Aug 28, 2015         

______________

RESOLUTION NO. R-275-15

Ordering Abatement of Nuisance

                                                                       

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

1427 SUMMIT DRIVE in District 3 in the City of Gadsden, more particularly described as:

Parcel One:

A lot described as beginning at the intersection of the Northeast line of Lot Number 4, with the Northwest line thereof, and from thence run in a Southeasterly direction and along said Northeast line a distance of 260 feet to the Southeast line of said Lot Number 4; thence in a Southwesterly direction and along said Southeast line a distance of 100 feet; thence in a Northwesterly direction and in a direct line to a point in the Northwest line of said Lot Number 4, which is 100 feet Southwest of the point of beginning; thence in a Northeasterly direction and along the Northwest line of said Lot Number 4 a distance of 100 feet to the point of beginning, and embracing what is commonly known as Lot Number Four (4), in Sutherlin’s Subdivision of Lot Number Twelve (12) of India Sutherlin Estate Subdivision, according to the map of Sutherlin’s Subdivision, recorded in Plat Book “D”, Page 153, Probate Office, Etowah County, Alabama.

Parcel Two:

A lot or parcel of land described as beginning where the Southwest line of Lot Number 11 intersects the Northwest line thereof, and from thence run in a Southeasterly direction and along the Southwest line of said Lot a distance of 260 feet to the point of intersection of said Southwest line with the Southeast line of said Lot Number 11; thence in a Northeasterly direction and along the Southeast line of said Lot a distance of 75 feet to a point; thence in a Northwesterly direction in a direct line to a point in the Northwest line of said lot, which point is 75 feet Northeasterly, measured along the Northwest line of said lot, from the point of beginning; thence in a Southwesterly direction and along the Northwest line of said lot Number 11 a distance of 75 feet to the point of beginning, said description embracing a portion of Lot Number Eleven (11), in India Sutherlin Estate, according to the map thereof recorded in Plat Book “C”, Page 311, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

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

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 August 18, 2015.

       

Iva Nelson, City Clerk              

Aug 28, 2015

______________

RESOLUTION NO. R-276-15

Ordering Abatement of Nuisance

                                                                       

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

1613 COOPER STREET in District 5 in the City of Gadsden, more particularly described as:

Lot Number Twenty-one (21) in Rebecca Addition, according to the map thereof recorded in Plat Book “D” Page 59, Probate Office, and lying and being in Etowah County, Alabama, subject to the rights, if any, of the Southern Natural Gas Company as described in Deed Record 4-Z, Page 576, Probate Office, and being subject to the rights of Alabama Power Company as described in Record Book 343, Page 485, in 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, Billy R. Brown and James F. Johnson;

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 August 18, 2015.

       

Iva Nelson, City Clerk       

Aug 28, 2015       

______________

RESOLUTION NO. R-277-15

Ordering Abatement of Nuisance

                                                                       

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

1313 TUSCALOOSA AVENUE in District 7 in the City of Gadsden, more particularly described as:

Lot 8 in Block 1 of Wagnon’s Rearrangement of Block 24 and a portion of Block 27 of the Interurban Land Company’s First Addition according to the map or Plat of said rearrangement recorded in Plat Book “B”, Page 73, Probate Office, Etowah County, Alabama, and subject to the right of the owner of Lot 9 to use a driveway over a portion of Lot 8, said driveway being more particularly described in Deed Book 6-Y, Page 597, Probate Office, Etowah County, Alabama, and save and except a portion of the above described real estate heretofore deeded to the City of Gadsden, Alabama, for road right-of way purposes.

Being the same property conveyed to Chemical Bank, N.A., Trustee for GCC Home Equity Trust 1990 – 1 by Foreclosure Deed recorded April 1, 1992, in the Book 1781, Pages 165-167, in the Office of the Judge of Probate for 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 Ronnie Pollard, P.O. Box 4252;

 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 August 18, 2015.

Iva Nelson, City Clerk        

Aug 28, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-8557

IN THE MATTER OF THE ESTATE OF MARY NELL BERRY HARKINS, DECEASED

TO: ANN LEE, CHARLOTTE FOSTER, KREED WILLIAM BERRY, AND ANY UNKNOWN HEIRS, ADDRESS UNKNOWN.

The following named heirs, along with any unknown heirs, are hereby notified that the Will of Mary Nell Berry Harkins has been offered for Probate by Gerald T. Berry, Executor and said petition will be heard on the 20th day of October, 2015 at 2:00 p.m. Ann Lee, Charlotte Foster, Kreed William Berry, Any unknown heirs. You are advised that you may appear to contest said Will on or before the 20th day of October, 2015 at 2:00 p.m. should you see fit to do so.

Bobby M. Junkins

Judge of Probate

Aug 28, Sept 4 & 11, 2015

______________

LEGAL NOTICE

Notice is hereby given that the contents of the following storage buildings will be sold by Off Campus Pawn & Storage at 10:00 a.m. September 18, 2015 at 480 George Wallace Drive Gadsden, AL 35903.

Azerine Sewell #25; Delores Abney #37; Pacoata Marshall #70; Lashunda Williams #74; Theresa Hogg #82; Robin Townsend #47, 85, 86; Arlandra Jennings #95; Branch Roe #110.

Aug 28 & Sept 4, 2015

______________

NOTICE OF

ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

JENNIFER MARIE LANE, mother of a child born on June 25, 2010, whose whereabouts are unknown, must answer the Petition filed by LARRY E. LANE AND PATRICIA A. LANE for the adoption of said child by the 6th day of October, 2015, or, thereafter, a judgment by default may be rendered against her in Probate Court of Etowah County, Alabama.

Done this the 19th day of August, 2015.

Bobby M. Junkins

Judge of Probate

Aug 28, Sept 4, 11 & 18, 2015

______________

NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: S-6252

IN RE: THE ESTATE OF JERRY WAYNE PRINCE, DECEASED

NOTICE TO: All creditors, heirs, or distributes and all other persons interested in the Estate of Jerry Wayne Prince, deceased:

You will hereby take notice that Mary Katherine McKee Prince, as Personal Representative of the Estate of Jon Robert McDowell, filed a Report of Insolvency of said Estate on the 13th day of August, 2015.

You are hereby notified that a hearing on the Petitioner’s Report of Insolvency will be held at my office in the Etowah County Courthouse on the 24th day of September, 2015 at 2:30 p.m. when the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency should be denied.

This the 17th day of August, 2015 at Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Aug 28, Sept 4 & 11, 2015    

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900430

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

TWO THOUSAND FOUR HUNDRED FIFTY AND 00/100 DOLLARS IN THE POSSESSION OF STANLEY JOHNSON.

Defendant.

In Re: Stanley Johnson

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 currency. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900540

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

HOUSE AND LAND LCOATED AT 285 BAY POINT DR. RAINBOW CITY, AL 35906, 2008 CHEVROLET MALIBU VIN# 1G1ZJ5 7B68 4271814 IN POSSESSION OF AMY MURPHREE

Defendant.

In Re: Amy Murphree

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described house, land and vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said house, land and vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900498

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

2009 ACCURA 3.2TL VIN# 19UUA662X 6A069549 IN POSSESSION OF BERNUBE PEREZ

Defendant.

In Re: Bernube Perez

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900428

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

1997 Ford F250 VIN# 1FTHX26 F4VEC77279 IN POSSESSION OF NORMAN PEARSON

Defendant.

In Re: Norman Pearson

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900428

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

2003 HONDA CIVIC VIN# JHMES966 83S007897 IN POSSESSION OF YESENIA MONTUFAR MARTINEZ

Defendant.

In Re: Yesenia Montufar Martinez

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900449

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

2000 GMC SIERRA VIN# 1GTEK14T7 YZYZ298001 IN POSSESSION OF ANTHONY PAUL LEE

Defendant.

In Re: Anthony Paul Lee

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900429

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

1998 Mercury Mountaineer VIN# 4M2ZU5 2P7WUJ41940; 1994 Ford F-150 VIN# 1FTEF15N XRNA37412; Ford F 2-250 1FTHX25 H8PKB36707; Chevrolet Malibu VIN# 1G1Z358F57 F303329; Maverick 20 Gauge SER# MV27893N; Hi Point .380 Pistol SER# P8051389; Six Hundred twenty-four and 00/100 dollars in possession of Phillip Howard.

Defendant.

In Re: Phillip Howard

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED VEHICLES, GUNS AND 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 vehicles, guns and currency. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicles, guns and currency.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900427

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

2000 Subaru Legacy VIN# 4S3BE645OY 7213259 IN POSSESSION OF LESLIE DAVIS

Defendant.

In Re: Leslie Davis

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900532

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

TWO THOUSAND TWO HUNDRED FIFTY-FIVE AND 00/100 DOLLARS IN POSSESSION OF WILLIAM BROWN

Defendant.

In Re: William Brown

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 currency. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900578

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

1989 Chevrolet Caprice VIN# 1G1BU5 1E4KA143270 IN POSSESSION OF GREGORY JOHNSON, JR.

Defendant.

In Re: Gregory Johnson, Jr.

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900531

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

HOUSE AND LAND LOCATED AT 4470 GREEN VALLEY ROAD SOUTHSIDE, AL 35907 IN POSSESSION OF MICHAEL BRUCE WESSON

Defendant.

In Re: Michael Bruce Wesson

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described house and land. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said house and land.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900525

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

2009 Toyota Camry VIN# 4T1BE46 K29U849770 IN POSSESSION OF SHUNDREKA ROBINSON

Defendant.

In Re: Shundreka Robinson

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900424

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff

Vs.

ONE THOUSAND NINE HUNDRED SIXTY-EIGHT AND 00/100 DOLLARS IN THE POSSESSION OF DEUNTAVE TIMMONS.

Defendant.

In Re: Deuntave Timmons

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 currency. You are hereby notified that you must answer said Complaint by the 12th day of October, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

Cassandra Johnson

Circuit Clerk

Aug 21, 28, Sept 4 & 11, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

STATE OF ALABAMA, COUNTY OF ETOWAH

THE ADOPTION OF TWO MALE CHILDREN BORN TO ROBIN MARIE O’NEAL HENN AND ERIC LANE HENN

CASE NUMBER A-729 & A-731

NOTICE TO ROBIN MARIE O’NEAL HENN AND ERIC LANE HENN, WHOSE ADDRESSES ARE UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of two male children born to ROBIN MARIE O’NEAL HENN, (natural mother) and ERIC LANE HENN, set to be heard on the 14th day of October, 2015 at 11:00 a.m., was filed on the 12th day of December, 2013 and service of said Petition having been attempted by certified mail on Robin Marie O’Neal Henn and Eric Lane Henn at their last known addresses with said certified mail having been returned unclaimed. Minor Children’s birthdates are November 2, 1998 and November 4, 1997.

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 Carla M. Handy, County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901.

DONE this the 24th day of July, 2015.

Name and address of attorney:

Carla M. Handy

219 South 4th Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Aug 7, 14, 21 & 28, 2015

______________

LEGAL NOTICE

NOTICE TO: INTERESTED PARTIES

CASE NUMBER: S-3215

A petition for Insolvency of the Estate of James Kermit Stanley, deceased shall be heard on the 8th day of September, 2015, at 10:30 a.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Aug 7, 14, 21 & 28, 2015

______________

NOTICE OF

PUBLICATION

IN THE DISTRICT COURT OF ETOWAH COUNTY, ALABAMA

PLUMBERS WHOLESALE SUPPLY CO., INC.,

PLAINTIFF,

Vs.

UNLIMITED CONSTRUCTION, LLC,

DEFENDANT.

Unlimited Construction, LLC, whose whereabouts are unknown, must answer Plumbers Wholesale Supply Co., Inc.’s Complaint by the 11th day of September, 2015, or theater a Judgment by Default may be rendered against said parties in Case No. 31-DV-2015-900303.00 in the District Court of Etowah County, Alabama.

Cassandra Johnson

Circuit Clerk

Aug 7, 14, 21 & 28, 2015

______________

NOTICE OF SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2014-900706.00

SHERRY D. TUCKER, Plaintiff

Vs.

ERIC ANDREW MORTON, Defendant.

TO: Eric Andrew Morton

You are hereby notified that the above-styled action seeking monies due to the Plaintiff in an amount in excess of the minimum jurisdictional limits of the Circuit Court of Etowah County Alabama as a result of an automobile accident which occurred on or about the 20th day of August, 2012 in Attalla, Etowah County, Alabama, between the Plaintiff and Defendant was filed against you in the Circuit Court, Etowah County, Alabama, and that by reason of an order for service of summons by publication entered by the Court, you are hereby commanded and required to file with the clerk of the court and to serve upon Plaintiff’s attorney, Stephen M. Langham, P.C., P.O. Box 680416, Prattville, AL 36068-0416, an answer to the Complaint within thirty (30) days after the last publication of this Notice or default judgment will be entered against you.

Cassandra Johnson

Circuit Clerk, Etowah County, Alabama.

Aug 7, 14, 21 & 28, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on September 28, 2015 for charges due.

1987 Buick Regal VIN# 1GN1G4GJ11 77HP459201

Tony Woods

804 9th Street SW

Attalla, AL 35954

Aug 21 & 28, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on October 5, 2015 for charges due.

2002 Dodge Dakota VIN# 1B7HG48N 12S555729

2004 Ford LGT Convt VIN# 2FTRX17W54 CA30175

ER Towing

827 Jones Street

Gadsden, AL 35901

Aug 28 & Sept 4, 2015