Legal notices for the week of Oct. 9-16, 2015

October 9, 2015 chris
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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 RODNEY BELL, a married man, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Metro Bank, as Mortgagee, dated the 24th day of September, 2010, and recorded in Instrument #3338793, 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 now  Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed 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 19th day of October, 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 21 OF WILDFLOWER ESTATES RECORDED IN PLAT BOOK “I”, PAGE 165 IN THE PROBATE OFFICE OF 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

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on February 28, 2014 by Michael Zach Wise and Madison Wise, husband and wife, as joint tenants with full rights of survivorship, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, and recorded in Instrument # at 3399200 on March 13, 2014, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument #, 3409283 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on October 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:

All that part of the SW1/4 of the NW1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a 5/8’’ rebar iron found at the SE corner of the SW1/4 of the NE1/4 of said section; thence North 88°56’45” West a distance of 2846.38 feet to an iron pin set at the point of beginning. From said point of beginning, continue North 88°56’45” West a distance of 97.09 feet to a 5/8’’ rebar iron found; thence North 02°01’21’’ West a distance of 335.62 feet to a crimped top pipe found on the Southerly right of way (60’) of Patterson Street; thence along said right of way South 62°22’43’’ East a distance of 230.10 feet to a capped iron pin found; thence leaving said right of way South 22°23’19” West a distance of 249.30 feet (passing through a capped iron pin found at 239.58 feet) to the point of beginning, less and except any easement or rights of way and being a portion of the SW1/4 of the NW1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. 

For informational purposes only, the property address is: 457 Patterson St, Boaz, AL 35956.  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.

JPMorgan Chase Bank, National Association, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-006527

Attorneys for Mortgagee or Transferee

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by SCOTT BENSON AND WIFE, AND CHRISSY BENSON,  for and during their joint lives and upon the death of either of them, then to the survivor, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Bank, FSB, as Mortgagee, dated the 17th day of July, 2008, and recorded in Instrument #3298530, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed 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 19th day of October, 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:

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF ALABAMA, COUNTY OF ETOWAH, CITY OF Gadsden, AS IN DESCRIBED AS FOLLOWS: LOT NUMBER SEVENTEEN (17) IN BLOCK ONE (1) ACCORDING TO THE REARRANGEMENT OF BLOCKS 24 AND PART OF 27 IN THE INTERURBAN ADDITION TO THE CITY OF Gadsden, ALABAMA, AS SAME APPEARS OF RECORD IN BOOK OF TOWN PLATS “B”, PAGE 73, IN THE OFFICE OF THE JUDGE OF PROBATE OF 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

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Michael Nelson and Brandi Thrift, husband and wife Nelson to Mortgage Electronic Registration Systems,Inc.(MERS) acting solely as nominee for Lender, USAA Federal Savings Bank, and Lender’s successors and assigns dated January 3, 2012, and Recorded in Instrument # 3360720 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to USAA Federal Savings Bank by instrument recorded in Instrument # 3423644 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on November 10, 2015, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage: 

COMMENCE AT A 1/2” REBAR MARKING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 10 SOUTH, RANGE 7 EAST; THENCE SOUTH 00 DEGREES 45 MINUTES 50 SECONDS WEST 258.58 ALONG THE WEST  SAID FORTY TO A 1/2” REBAR, SAID POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID FORTY LINE SOUTH 23 DEGREES 35 MINUTES 38 SECONDS EAST 444.68 FEET TO A 1/2” REBAR CAPPED (CA-497-LS); THENCE SOUTH 70 DEGREES 10 MINUTES 38 SECONDS WEST 196.35 FEET TO A 1/2” REBAR CAPPED (CA-497-LS); THENCE NORTH 00 DEGREES 48 MINUTES 50 SECONDS EAST 474.12 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH A 20 FT. ACCESS EASEMENT DESCRIBED AS FOLLOWS: COMMENCE AT A 1/2” REBAR MARKING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 10 SOUTH, RANGE 7 EAST; THENCE SOUTH 00 DEGREES 45 MINUTES 50 SECONDS WEST 258.58 ALONG THE WEST LINE OF SAID FORTY TO A 1/2” REBAR; THENCE LEAVING SAID FORTY LINE SOUTH 23 DEGREES 35 MINUTES 38 SECONDS EAST 444.88 FEET TO A 1/2” REBAR CAPPED (CA-497-LS); THENCE SOUTH 70 DEGREES 10 MINUTES 56 SECONDS WEST 68.82 FEET TO A POINT IN THE CENTER OF A DIRT DRIVEWAY, SAID POINT BEING THE POINT OF BEGINNING INCLUDING 10 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE; SOUTH 25 DEGREES 43 MINUTES 47 SECONDS EAST 243.17 FEET TO A POINT; THENCE SOUTH 38 DEGREES 06 MINUTES 37 SECONDS EAST 99.37 FEET TO A POINT; THENCE SOUTH 47 DEGREES 46 MINUTES 37 SECONDS EAST 53.78 FEET TO A POINT ON THE NORTHERLY R/W OF LAY SPRINGS ROAD (60’ R/W) AND THE END OF SAID EASEMENT.

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 THE PROBATE 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 is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.

USAA Federal Savings Bank

Mortgagee

Beth McFadden Rouse

McFadden, Lyon & Rouse, L.L.C.

718 Downtowner Blvd.

Mobile, AL  36609

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Michael T Owens Husband And Susan M Owens Wife to Mortgage Electronic Registrations Systems, Inc. as nominee for SouthPoint Bank dated August 20, 2013; said mortgage being recorded in Instrument No. 3390633and re-recorded in Instrument No. 3399494 in the Office of the Judge of Probate of Etowah County, Alabama.  Said Mortgage was last sold, assigned and transferred to SunTrust Mortgage, Inc. Instrument 3414183 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, SunTrust Mortgage, Inc., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 15th day of October, 2015, the following property, situated in Etowah County, Alabama, to-wit:

Lot 5 of Riverview Estates, Unit 2, as recorded in Plat Book “I”, Page 44, Probate Office, Etowah County, Alabama; located in Section 20, Township 13 South, Range 6 East, Etowah County, Alabama.

Said property is commonly known as 2300 Island Way, Southside, AL 35907.

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

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Michael T Owens and Susan M Owens or tenant(s).

SUNTRUST MORTGAGE, INC.

as holder of said mortgage

McCalla Raymer, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 948715

www.foreclosurehotline.net

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Eli Trimble married and wife, Allison C. Trimble, to UNION PLANTERS BANK, NA d/b/a REGIONS MORTGAGE, on October 29, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc #M-2004-4846; Regions Bank Successor by Merger to Union Planters Bank, N.A. d/b/a Regions Mortgage, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 15, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 10, First Addition to Oakland Heights recorded in Plat Book “I”, Page 14, Probate Office, Etowah County, Alabama.

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

Regions Bank Successor by Merger to Union Planters Bank, N.A. d/b/a Regions Mortgage

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Daniel Tidmore and Kim Tidmore aka Kimberly K. Tidmore, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for EquiFirst Corporation, on the 29th day of January, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number: M-2003-06668; the undersigned The Bank of New York Mellon Corporation, as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2003-BC3, 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 26, 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:

Commence at an existing axle at the Northeast corner of the Southeast Quarter (Southeast1/4) of the Northwest Quarter (Northwest1/4), Section Thirty Five (35), Township Eleven (11) South, Range Seven (7) East of Huntsville Meridian and run Southerly along the East line thereof, 456.94 feet to an existing 1/2 inch rebar; thence deflect 91 degrees 44 minutes 03 seconds right, leaving said East line and run Westerly, 457.16 feet to the point of beginning of the property described herein; thence continue Westerly, 787.33 feet to an existing 1 inch pipe on the East right of way of Appalachian Highway (100 feet right of way); thence deflect 98 degrees 20 minutes 04 seconds right and run Northeasterly, along said right of way, 280.34 feet to a point; thence deflect 80 degrees 39 minutes 56 seconds right leaving said right of way, and run easterly 787.33 feet to a point; thence deflect 99 degrees 20 minutes 04 seconds right and run Southwesterly, 280.34 feet to the point of beginning. Said property being a portion of the Southeast Quarter (Southeast1/4) of the Northwest Quarter (Northwest1/4), Section Thirty Five (35), Township Eleven (11) South, Range Seven (7) East, Etowah County, Alabama, and contains 5.00 acres, more or less.

Property street address for informational purposes:  1705 Appalachian Highway, 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.

The Bank of New York Mellon Corporation, as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2003-BC3, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

339407

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kim T. Robinson, a single woman, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Metro Bank, on the 25th day of May, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2005-2231; the undersigned Wells Fargo Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 9, 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:

Commence at an existing “R.W.” capped rebar at the Northeast corner of Tract Number 4, of the J.T. Morris Subdivision, as recorded in Plat Book “C”, Pages 122 and 123, Etowah County Probate Office and run South 03 degrees 12 minutes 32 seconds West, along the East line of said Tract Number 4, 342.24 feet to the Point of Beginning of the property described herein; thence continue South 03 degrees 12 minutes 32 seconds West, along said East line, 176.67 feet to an existing “R.W.” capped rebar; thence run North 85 degrees 46 minutes 38 seconds West, leaving said East line, 208.40 feet to an existing “R.W.” capped rebar on the Easterly R/W of Langdale Street (40 foot R/W); thence run North 00 degrees 44 minutes 45 seconds East, along said R/W, 199.93 feet to a point; thence run South 79 degrees 45 minutes 39 seconds East, leaving said R/W, 218.60 feet to the Point of Beginning. Said property being a portion of Tract Number 4, J.T. Morris Subdivision, Etowah County, Alabama. Being subject to an existing 20.00 feet sewer easement.

Property street address for informational purposes:  2873 Langdale St, Hokes Bluff, AL 35903

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

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

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

This sale is subject to postponement or cancellation.

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

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

97288

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by William M Peavy Husband And Krissy Leigh Peavy Wife to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Franklin Financial Corp., an OP SUB of MLB&T Co., FSB dated May 25, 2007; said mortgage being recorded in Instrument No. 3272342 in the Office of the Judge of Probate of Etowah County, Alabama.  Said Mortgage was last sold, assigned and transferred to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H1 Instrument 3362233 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 22nd day of October, 2015, the following property, situated in Etowah County, Alabama, to-wit:

Begin at a point in the north right of way of Westmont Way which is North 57 degrees 02’ East 100 feet from the SE corner of LOT 1, Westmont Subdivision, as recorded in Plat Book “1”, Page 110 & 111, thence from said Point of Beginning run North 32 degrees 58’ West 150 feet to a point; thence run North 57 degrees 01’ East 100 feet to a point; thence run South 32 degrees 58’ East 150 feet to a point on the North Right of way of Westmont Way; thence run South 57 degrees 01’ West with said Westmont Way 100 feet to point of Beginning.  Being a part of the SE 1/4 of the NE 1/4 of Section 36, Township 11 South, Range 5 East, Etowah County, Alabama.

Said property is commonly known as 2903 Westmont Way, Gadsden, AL 35904.

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

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is William M Peavy and Krissy Leigh Peavy or tenant(s).

U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H1

as holder of said mortgage

McCalla Raymer, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 955315

www.foreclosurehotline.net

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Barry Lafollette, a single man, to Brian Wayne Ledbetter, on January 1, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document #, M-2003-5151; and subsequently transferred to Western United Life Assurance Company, a Corporation; and subsequently transferred and to Mortgage Electronic Registration Systems, Inc.; and subsequently transferred to U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2014B; U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2014B, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 22, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER 62 IN PLAINVIEW VILLAGE SUBDIVISION, AS RECORDED IN PLAT BOOK “H”, PAGE 97, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

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

U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2014B

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated May 3, 2010, executed by Scott L. Martin, a married man joined herein by Jeri A. Martin, his wife, to Taylor Mortgage, Inc., which mortgage was recorded on May 17, 2010, in Instrument No. 3332126, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, N.A., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on November 17, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot No. 83, of Country Club Subdivision, Etowah County, Alabama, as shown by map or plat of said subdivision on file and of record in the Probate Office of Etowah County, Alabama, in Map Book “I”, at pages 32 and 33.

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

JPMorgan Chase Bank, National Association

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Teresa R. White, an unmarried woman, to Family Savings Credit Union on the December 1, 2014, said mortgage being recorded at Instrument #3410970, 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 October 26, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Commence at the Southwesterly corner of Lot 34, Block 2 of Glenwood Addition to Gadsden and Glencoe, as recorded in Plat Book “D”, Page 17, and run in a southerly direction along the easterly R/W line of Gurley Avenue a distance of 154.00 feet to the point of beginning.  From said point of beginning deflect 107°17’ left and run a distance of 82.0 feet; thence deflect 103°59’ right and run a distance of 115.18 feet; thence deflect 91°02’ right and run in a southwesterly direction along the northerly R/W line of Hatley Street a distance of 85.00 feet; thence deflect 92°16’ right and run in a northwesterly direction along the easterly R/W line of Gurley Avenue a distance of 94.0 feet to the point of beginning.

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.

Family Savings Credit Union (fka Family Savings Federal

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

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Benson Enterprises, LLC, in favor of Branch Banking and Trust Company (“BB&T”) on the 9th day of November, 2012, and recorded on January 22, 2013, in Instrument No. 3379696, in the Office of the Judge of Probate of Etowah County, Alabama, the undersigned Branch Banking and Trust Company, under and by virtue of the power of sale contained in the said mortgage will sell at public outcry to the highest bidder for cash, AS IS, WHERE IS, in front of the main entrance of the Etowah County, Alabama Courthouse in the City of Gadsden, Etowah County, Alabama on the 4th day of November, 2015, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

ALL THAT REAL PROPERTY IN THE COUNT OF ETOWAH, STATE OF ALABAMA, DESCRIBED AS FOLLOWS:

COMMENCE AT AN EXISTING RAILROAD SPIKE AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) IN SECTION THIRTY-FIVE (35), TOWNSHIP ELEVEN (11), RANGE SIX (6) EAST OF HUNTSVILLE, MERIDIAN, ETOWAH COUNTY, ALABAMA AND RUN NORTHERLY ALONG THE WEST LINE THEREOF, 453.74 FEET (453.00 FEET, MORE OR LESS DEED) (PASSING THROUGH AN EXISTING WALKER CAPPED REBAR AT 290.29 FEET) TO AN EXISTING WALKER CAPPED REBAR; THENCE DEFLECT RIGHT SO AS TO FORM AN INTERIOR ANGLE OF 89 DEGREES 14 MINUTES 29 SECONDS AND RUN EASTERLY, LEAVING SAID WEST LINE, 401.50 FEET (400.00 FEET DEED) TO THE POINT OF BEGINNING; THENCE DEFLECT RIGHT AND ANGLE OF 89 DEGREES 41 MINUTES 29 SECONDS AND RUN SOUTHERLY, 160.2 FEET (180.00 FEET DEED) TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SOUTHLINE AVENUE (20 FOOT R/W); THENCE DEFLECT LEFT AN ANGLE OF 89 DEGREES 43 MINUTES 50 SECONDS AND RUN EASTERLY ALONG SAID RIGHT OF WAY, 100.00 FEET (PASSING THROUGH AN EXISTING 1/2 INCH REBAR AT 97.65 FEET) TO A POINT; THENCE DEFLECT LEFT AN ANGLE OF 90 DEGREES 16 MINUTES 10 SECONDS AND  RUN NORTHERLY, LEAVING SAID RIGHT OF WAY, 160.02 FEET (180.00 FEET DEED) TO AN EXISTING 1/2 INCH REBAR, THEN DEFLECT LEFT AN ANGLE OF 89 DEGREE 41 MINUTES 50 SECONDS AND RUN WESTERLY 100.00 FEET TO THE POINT OF BEGINNING. SAID PROPERTY BEING A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) IN SECTION THIRTY-FIVE (35), TOWNSHIP ELEVEN (11) SOUTH, RANGE SIX (6) EAST, ETOWAH COUNTY, ALABAMA.

EXCEPTING THEREFROM SUCH OIL, GAS AND OTHER MINERALS IN, ON AND OTHER MINERALS IN, ON AN UNDER SAID REAL PROPERTY, TOGETHER WITH ALL RIGHTS IN CONNECTION THEREWITH, AS HAVE PREVIOUSLY BEEN RESERVED BY OR CONVEYED TO OTHERS; IT BEING THE INTENTION OF THE GRANTOR TO CONVEY TO GRANTEE ONLY THE INTEREST GRANTOR OWNS THEREIN, IF ANY.

This being the same property to BENSON ENTERPRISES, LLC, dated 05/21/2012 and recorded as Instrument Number 3367747, in the ETOWAH County Recorders Office.

PARCEL NUMBER 10073540 00027.000

902418 — Form # 1302

Address: 922 Southline Avenue, Gadsden, AL

together with all rights, privileges, easements, tenements, interests, improvements and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described.

Said sale will be subject to any and all prior liens and encumbrances, the right of way easements and restrictions of record in the office of the Judge of Probate of Etowah County, Alabama, and existing special assessments, if any, which might adversely affect the title to the subject property. The sum of Five Thousand and no/100 ($5,000.00) Dollars must be tendered in certified funds at the time and place of the sale by the purchaser as a non-refundable deposit.  The balance of the purchase price must be paid in certified funds so as to be received within 24 hours thereafter at the Law Office of NORMAN, WOOD, KENDRICK & TURNER.  The undersigned reserves the right to award the bid to the next highest bidder, or to reschedule the sale at its sole discretion, in the event that the highest bidder fails to timely tender the total amount due.

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

Branch Banking and Trust Company

Mark P. Williams, Esquire 

Attorney for Mortgagee or Transferee

NORMAN, WOOD, KENDRICK AND TURNER

Ridge Park Place – Suite 3000

1130 22nd Street South

Birmingham, AL 35205

(205) 328-6643

Oct 9, 16 & 23, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on March 11, 2011 by Louis Christopher Colegrove, a married male & Lisa B. Colegrove, a married female, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Embrace Home Loans, Inc., and recorded in Instrument # at 3347051 on March 17, 2011, and modified in modified by agreement recorded August 29, 2014, at Instrument # 3406711, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Nationstar Mortgage LLC as reflected by instrument recorded in Instrument #, 3386713 and Instrument #, 3389847 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on November 13, 2015, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot Number Six (6) in Block Number One (1), Forman Homesites Addition to Attalla, Alabama, Plat Book “E”, Pages 158 and 159, Probate Office, Etowah County, Alabama. 

For informational purposes only, the property address is: 146 Forman Dr, Attalla, AL 35954.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Nationstar Mortgage LLC, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007987

Attorneys for Mortgagee or Transferee

Oct 9, 16 & 23, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on June 8, 2001 by Donald Harper and Debra Harper, husband and wife, originally in favor of SouthTrust Bank, and recorded in Book M 2001 at Page 4148 on September 21, 2001, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred to Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A.. 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 November 3, 2015, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot Number 3, in Block Number 5 in Riverside Garden Subdivision, according to the Plat thereof recorded in Plat Book F, Page 177, Probate Office, Etowah County, Alabama, and lying and being in Etowah County, Alabama. 

For informational purposes only, the property address is: 130 Avis Dr, Gadsden, AL 35901.  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., successor by merger to Wachovia 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/ 15-008132

Attorneys for Mortgagee or Transferee

Oct 9, 16 & 23, 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 November 10, 2015.

Oct 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dustin B. Tarrance and Briana L. Tarrance, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Home Mortgage of America, Inc., on the 31st day of May, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3386344; the undersigned Wells Fargo Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on August 24, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 9 of Willow Creek Estates recorded in Plat Book “J”, Page 20, in the Probate Office of Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama.

Property street address for informational purposes:  764 Willow Creek Road, Gadsden, AL 35903

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

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

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

This sale is subject to postponement or cancellation.

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

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

351482

The above mortgage foreclosure sale has been postponed until 10/26/2015 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Oct 9, 2015

______________

NOTICE TO

FILE CLAIMS

DAVID S. FARRELL appointed Personal Representative (s) on August 18, 2015 Estate of JANICE M. FARRELL, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

SANDRA FAY VARNELL MEDLEY appointed Personal Representative (s) on September 10, 2015 Estate of ROGER DALE MEDLEY, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

DEBORAH FRANCES WINKLE appointed Personal Representative (s) on August 7, 2015 Estate of GLADYS MARYLOU BULLINGTON, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

STEPHEN B. BOWEN appointed Personal Representative (s) on August 12, 2015 Estate of FRANCES G. BOWEN, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

REBECCA ANN LEE appointed Personal Representative (s) on September 9, 2015 Estate of NELDA JOE RICHARDSON LEE, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

JOHN L. KILLIAN appointed Personal Representative (s) on September 9, 2015 Estate of W. WAYNE KILLIAN, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

REGINA GAIL WINNINGHAM appointed Personal Representative (s) on September 15, 2015 Estate of CHARLES RALPH WINNINGHAM, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

ARLENE MCKINNEY KINES appointed Personal Representative (s) on September 16, 2015 Estate of OLA MCKINNEY BYNUM, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

LISA C. SPRADLIN appointed Personal Representative (s) on September 9, 2015 Estate of PATSY SPRADLIN 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

JANICE A. MCCORMICK appointed Personal Representative (s) on August 27, 2015 Estate of STELLA M. JENKINS, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

MARTHA WHITED appointed Personal Representative (s) on July 31, 2015 Estate of SHIRLEY ANN TARRANCE WALKER, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

DON WIGGS appointed Personal Representative (s) on September 3, 2015 Estate of JEAN HUTTO, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

LINDA LOUISE PAYNE appointed Personal Representative (s) on August 5, 2015 Estate of RONALD ODUS PAYNE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 2, 9 & 16, 2015 

______________

NOTICE TO

FILE CLAIMS

ALVA JEAN WYATT AND PATRICIA ANN GOODSON appointed Personal Representative (s) on September 18, 2015 Estate of CHRISTINE M. CORNUTT, 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

Oct 9, 16 & 23, 2015

______________

NOTICE TO

FILE CLAIMS

LILA R. SMITH YOUNG appointed Personal Representative (s) on September 24, 2015 Estate of THOMAS WESLEY YOUNG, 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

Oct 9, 16 & 23, 2015

______________

NOTICE TO

FILE CLAIMS

RICKIE NABORS appointed Personal Representative (s) on August 18, 2015 Estate of A. J. NABORS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 9, 16 & 23, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to J.C. CLAY and wife HELEN CLAY, 3317 FORREST AVENUE, GADSDEN, ALABAMA 35901, and STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, 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, OCTOBER 20, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 100 MORNINGVIEW COURT in District 2 in the City of Gadsden, more particularly described as:

Lot Number Twenty-one (21), in Block D,  of Oakleigh Estates, according to the map or plat thereof recorded in Plat Book G, Page 55, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

Should be assessed with a lien of $3,231.88   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

Oct 9, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given TUSCACAL, LLC, 2084 VALLEYDALE ROAD, BIRMINGHAM, ALABAMA 35244, MUTUAL SAVINGS CREDIT UNION, P.O. BOX 362045, BIRMINGHAM, ALABAMA 35236,  and MAGNOLIA FBS which was assigned to MAGNA MORTGAGE COMPANY, 206 COOL SPRINGS BOULEVARD, FRANKLIN, TENNESSEE 37067, 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, OCTOBER 20, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 2203 CANSLER AVENUE  in District 6 in the City of Gadsden, more particularly described as:

Lots 22 and 23 in Block 11 in Oak Park Addition to the City of Gadsden, according to the map or plat thereof recorded in Plat Book “B”, Pages 200, and 201 in the Probate Office, Etowah County, Alabama.

Should be assessed with a lien of $3,365.88   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

Oct 9, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to TUSCACAL, LLC, 2084 VALLEYDALE ROAD, BIRMINGHAM, ALABAMA 35244,  and MUTUAL SAVINGS, P.O. BOX 362045, BIRMINGHAM, ALABAMA 35236, 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, OCTOBER 20, 2015        at 11:00 a.m., a hearing will be held to determine whether or not the property located at 2321 CANSLER AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Number Sixteen (16) in Block Number Nine (9) of Oak Park Addition, according to the map or plat thereof recorded in Plat Book “B” Pages 200 and 201 in the Probate Office, Etowah County, Alabama.

Should be assessed with a lien of $3,189.92   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

Oct 9, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to ENATRA A. HALE, 4583 ROCK CREEK CIRCLE, TRUSSVILLE, ALABAMA 35173, 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, OCTOBER 20, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 919 S 12TH STREET  in District 5 in the City of Gadsden, more particularly described as:

H/S Base Year-N 35’ of Lot 33 & S 15’ of Lot 34, Block 4 in Woodlawn Addition, Plat “A”, Page 15, Gadsden Sec 8, Twp 12S R 6E, Book 1219, Pg 413, Gadsden Probate Office, Etowah County Alabama.

Should be assessed with a lien of $2,756.40   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                   

Oct 9, 2015                                               

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to CHRIS BROWN, and STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, 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, OCTOBER 20, 2015  at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 2221 E. TUSCALOOSA AVENUE in District 7 in the City of Gadsden, more particularly described as: 

Lots Numbers One (1), Two (2), Three (3), Four (4) and Five (5) in Block Number One (1) of Goodwater Heights Addition to Alabama City, Alabama (now Gadsden), according to the map or plat thereof, recorded in Plat Book “B”, Page 379, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

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

                                                                                                         

Brian Harbison                                                  

BUILDING OFFICIAL  

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 9, 2015

______________

RESOLUTION NO. R-384-15

Ordering Abatement of Nuisance

                                                                       

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

1001 AVENUE G in District 3 in the City of Gadsden, more particularly described as:

Lots Number Seven (7) and Eight (8) in Block Number Seven (7) of the Liddell Addition of the City of Gadsden, according to the map or plat of said Addition of record in the Probate Office of Etowah County, Alabama, together with all improvements thereon. SAVE AND EXCEPT that portion of the above real estate heretofore deeded by Samuel Herron to James L. Woods, deed recorded in Book 1951, Page 337, Probate Office of Etowah County, Alabama. SAVE AND EXCEPT ALSO the property heretofore conveyed to Moaen Alhegazen, by deed recorded in DOC. # D-2000-0260, and corrected in deed recorded in DOC. # D-2002-0330, Probate Office of 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 New Life Family Worship and Tonya Latham, P.O. Box 1893;

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 September 29, 2015

       

Iva Nelson, City Clerk      

Oct 9, 2015       

______________

RESOLUTION NO. R-385-15

Ordering Abatement of Nuisance

                                                                       

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

1609 MURRAY AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot 5 in Block 10 Glendale Subdivision to East Gadsden, Etowah County, Alabama as recorded in Plat Book “E”, Page 53, Judge of 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 Wise, 2345 McClain Avenue;

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

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

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

 

Adopted by the City Council of Gadsden on September 29, 2015.

       

Iva Nelson, City Clerk        

Oct 9, 2015      

______________

RESOLUTION NO. R-386-15

Ordering Abatement of Nuisance

                                                                       

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

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

A tract of land described as beginning where the Northerly line of Hokes Street (formerly known as Carroll Street), intersects the Easterly, or Northeasterly, line of East Broad Street, and from a distance of 103.50 feet; thence deflect an angle of 109 degrees 24 minutes to the left, and run in a Northwesterly direction a distance of 134.22 feet to a point in the Southerly, or Southeasterly, line of that certain tract of land conveyed by N.C. Cargo and wife, Martha K. Cargo to Harry B. Brock by deed dated, April 30, 1947, and recorded in Book 327, Page 153, Probate Office, Etowah County, Alabama; thence deflect an angle of 97 degrees 27 minutes to the left, and run in a Southwesterly direction along the Southeast line of said Brock tract, a distance of 103.50 feet to a point in the Easterly, or Northeasterly line of East Broad Street; thence deflect an angle of 85 degrees 51 minutes to the left and run in a Southerly, or Southeasterly, direction along the Northeast line of East Broad Street, a distance of 86.55 feet to the point of beginning, said description embracing a portion of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) in Section Ten (10), Township Twelve (12) South of Range Six (6) East of Huntsville Meridian, 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 Jose Flores, 1580 Rena Court N.W., Conyers, GA 30012;

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 September 29, 2015.

Iva Nelson, City Clerk   

Oct 9, 2015

______________

RESOLUTION NO. R-387-15

Ordering Abatement of Nuisance

                                                                       

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

1516 HILL AVENUE in District 3 in the City of Gadsden, more particularly described as:

Lot Number Nine (9) in Block 5 of the Hill and Cansler Addition to Gadsden, according to the map or plat thereof as recorded in Plat Book “A”, Page 74, 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 Abelardo Perez, 125 Gault Avenue N, Fort Payne;

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 September 29, 2015.

       

Iva Nelson, City Clerk    

 Oct 9, 2015

______________

RESOLUTION NO. R-388-15

Ordering Abatement of Nuisance

                                                                       

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

1516 HILL AVENUE in District 3 in the City of Gadsden, more particularly described as:

Lot Number Nine (9) in Block 5 of the Hill and Cansler Addition to Gadsden, according to the map or plat thereof as recorded in Plat Book “A”, Page 74, 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 Abelardo Perez, 125 Gault Avenue N, Fort Payne;

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 September 29, 2015.

       

Iva Nelson, City Clerk             

Oct 9, 2015 

______________

RESOLUTION NO. R-389-15

Ordering Abatement of Nuisance

                                                                       

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

304 LUGENIA DRIVE in District 7 in the City of Gadsden, more particularly described as:

Lot Number One (1) in Block Two (2) of the Second Addition to Monte Vista, as recorded in Plat Book “F”, Page 365, in the Probate Office of 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 Robert Mark Daughtery, and Countrywide Home Loans, Inc.., assigned to BAC Home Loans Servicing, LP, and assigned again to Green Tree Servicing, LLC.

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 September 29, 2015.

       

Iva Nelson, City Clerk             

Oct 9, 2015 

______________

RESOLUTION NO. R-390-15

Ordering Abatement of Nuisance

                                                                       

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

1317 TUSCALOOSA AVENUE in District 7 in the City of Gadsden, more particularly described as:

Lot Number Ten (10) in Block Number 1 in Wagnons Rearrangement of Block Number 24 and a option of Block Number 27 of the Interuzban Land Company’s last Addition according to map or plat of said Rearrangement recorded in Book of Town Plats “B”, page 73, in the Office of the Judge of Probate and lying and being in the City of Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and Lula Kate Dodd c/o Walter Rice, 919 Avenue D;

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 September 29, 2015.

       

Iva Nelson, City Clerk     

Oct 9, 2015

______________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that HUDAK CONSTRUCTION CO., INC., Contractor, has completed the Contract for RENOVATIONS TO THE ALABAMA CITY LIBRARY at 2700 West Meighan Blvd., Gadsden, AL 35904 for the State of Alabama and the City of Gadsden, Owner, and have made request for final settlement of said contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify: B. Craig Lipscomb, Architect, P.O. Box 1518, Gadsden, AL 35902

Hudak Construction Company Inc.

400 W Meighan Blvd.

Gadsden, AL 35901

Sept 25, Oct 2, 9 & 16, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: Robert Wagner

CASE NO. S-8622

To: David Lawrence Wagner, unknown children and step children, unknown addresses

NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Robert Wagner, was filed in my office for Probate by the Department of Human Resources, and that the 19th day of November, 2015 at 2:00 p.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Oct 9, 15 & 23, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: ANTONIO R. GRADY; ANTONY GRADY

CASE NO. S-8663

CASE NO. S-8662

To: Nelson Jerome Grady, unknown address

NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Antonio R. Grady and Antony R. Grady, were filed in my office for Probate by the Department of Human Resources, and that the 19th day of November, 2015 at 2:30 p.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Oct 9, 15 & 23, 2015

______________

NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: THE MATTER OF THE LAST WILL AND TESTAMENT OF ALICIA BOGARIN RICO ARNETT, DECEASED.

CASE NO.: S-8602

NOTICE TO: SALVADOR RUELES BOGARIN

A hearing on the Petition of CECELIA BOGARIN RENEMAN to admit to Probate the Last Will and Testament of ALICIA BOGARIN RICO ARNETT, deceased, will be held before the undersigned on the 30th day of September, 2015 at 11:30 a.m. at the Etowah County Courthouse, Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Rodney L. Ward

Attorney for Petitioner

827 Forrest Avenue

Gadsden, AL 35901

Sept 18, 25, Oct 2 & 9, 2015

______________

NOTICE OF

PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CITIFINANCIAL SERVICING, LLC

Plaintiff,

Vs.  Civil Action No.: CV-15-900144

JIMMIE DAVENPORT, 

Defendant.

TO: Jimmie Davenport, 

YOU ARE HEREBY NOTIFIED that a summons and complaint in the above styled cause has been filed against you on February 20, 2015, demanding possession of the property described in said complaint as 1020 Glendale Ave, Gadsden, AL 35903.

YOU ARE HEREBY REQUIRED to answer plaintiff’s complaint within thirty days after the date of the last publication of this notice by serving a copy of your answer, either admitting or denying the allegations in said complaint, to Joshua B. White, Attorney for Plaintiff, whose address is P.O. Box 307, Huntsville, Alabama, 35804, and failing to answer within said time, a default may be entered against you as determined by the Court for the relief demanded by the plaintiff.  You must also file your Answer with the Clerk of the Court by such date.  This publication shall be made in The Gadsden Messenger newspaper, published in Etowah County, Alabama, once a week for four (4) successive weeks.

DONE this 1st day of September, 2015.

/s/ Cassandra Johnson

CIRCUIT COURT CLERK

Attorney for Plaintiff:

Joshua B. White

STEPHENS MILLIRONS, P.C. 

P.O. Box 307

Huntsville, AL 35804

Phone:  (256) 382-5500

Fax: (256) 536-9388

Sept 25, Oct 2, 9 & 15, 2015

______________

NOTICE OF

ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, STATE OF ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF: KIMBERLY SMITH INGRAM

NOTICE OF ADOPTION TO EMILY BELLEW, THE NATURAL MOTHER OF A MINOR CHILD, MLI, WHOSE WHEREABOUTS ARE UNKNOWN.

You will take notice that a Petition for Adoption of the child born to Calvin Ingram (Biological Father), set to be heard on December 8, 2015 at 10:00 a.m., was field on September 9, 2015, alleging that the whereabouts of the natural mother, Emily Bellew, is unknown and has not been disclosed to this Court. Minor child’s date of birth is January 28, 2010.

Please be advised that should you intend to contest this adoption, you must file a written response within (30) days of the date of the last publication herein with Dani V. Bone and Haley K. Tucker, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this the 10th day of September, 2015.

Bobby M. Junkins

Judge of Probate

Dani V. Bone  & Haley K. Tucker

1031 Forrest Avenue

Gadsden, AL 35901

256-547-1005

Sept 18, 25, Oct 2 & 9, 2015

______________

NOTICE OF

PUBLICATION

IN THE MATTER OF THE ADOPTION PETITION OF:

NOTICE TO: UNKNOWN FATHER, ADDRESS UNKNOWN

You will take notice on August 26, 2015 that a Petition for the Adoption of a minor child born to Kristopher Maxwell, a natural mother, was filed with the Etowah County Probate Court, alleging that the natural father’s whereabouts are unknown and/or that the natural father to the aforesaid minor child is that of a putative father. Minor child’s birth date is August 19, 1998.

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 Joshua B. Sullivan, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.

Attorney for Petitioner:

Joshua B. Sullivan

400 Broad Street, Suite 105

Gadsden, AL 35901

This the 17th day of September, 2015.

Bobby M. Junkins

Judge of Probate

Oct 2, 9, 16 & 23, 2015

______________

NOTICE OF

DIVORCE

ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

DONNA MU-LAN FANG,

Plaintiff

Vs.

CHENGFANG YANG

Chengfang Yang, whose whereabouts is unknown, must answer Donna Mu-Lan Fang’s petition for divorce and other relief by November 24, 2015, or, thereafter, a judgment by default may be rendered against him in Case No. 31-2015-DR-900371, Circuit Court of Etowah County.

Done the 22nd day of September, 2015.

Cassandra Johnson

Circuit Clerk

Oct 2, 9, 16 & 23, 2015

______________

NOTICE OF

COMPLETION

J&D Enterprises, LLC has completed its work on the 2014 Street Resurfacing Project, Project No. 3269 for the City of Gadsden, AL.  Any person having a claim against the project should notify the Engineering Department, City of Gadsden, 90 Broad Street, Gadsden, AL 35901 and J&D Enterprises, LLC, P.O. Box 583, Gadsden, AL 35902.

Oct 9, 16, 23, 30, 2015

______________

NOTICE OF

SALE

The contents of the following storage units at Memories Self Storage will be sold at public sale on October 17, 2015 for past due rent.

Unit #7 & 8 Nylisha Glover

Oct 9 & 16, 2015

______________

NOTICE OF

SALE

NOTICE IS HEREBY GIVEN that on Saturday, October 24, 2016 at 10:00 a.m. the abandoned personal affects of these storage units will be sold for past due rents or disposed of by

ATTALLA/J&W MINI WAREHOUSES,

606 3RD STREET NW, ATTALLA, AL

Unit #40  J.C. Reynolds

Unit #43   C. Whiteside-Curry

Unit #55  Jeffrey Washington

Oct 9 & 16, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on November 16, 2015 for charges due.

2003 Yamaha 750 Motorcycle VIN# JYA5AHEOX 3A036380

2003 Chev S Truck VIN# 1GCCS 14XX38 214732

Automotive Plus

2805 E Meighan Blvd

Gadsden, AL 35903

Oct 9 & 13, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on November 16, 2015 for charges due.

2007 Chev Optra VIN# KL1JK55Z07K5 11541

Wayne’s Towing & Recovery

1217 Ratliff Street

Gadsden, AL 35904

Oct 9 & 16, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on November 16, 2015 for charges due.

1999 Cadillac Catera VIN# WO6VR52 R5XROR995

Dale Blackburn

1808 Lookout Circle

Gadsden, AL 35904

Oct 9 & 16, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on November 16, 2015 for charges due.

2004 Ford Explorer VIN# 1FMZU73KX 4UA 27170

Joshua Strickland

513 Huff Lane

Steele, AL 35987

Oct 9 & 16, 2015