Legal notices for the week of October 23-30, 2015

October 23, 2015 chris
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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by 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

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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 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

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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

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated May 21, 2001, executed by Jennifer L. Gunnells, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for The Gadsden Corporation, which mortgage was recorded on May 22, 2001, in Book 2001, Page 142, 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, National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on December 15, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Number 14 and 15 in Block 24 of the Walnut Park Addition to Alabama City, Alabama, now Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book “B”, Page 117, Probate Office, Etowah County, Alabama.

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/mgw

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Oct 16, 23 & 30, 2015

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 24, 2014, executed by Billy Joe Wallace, Jr. an unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Federal Bank, which mortgage was recorded on February 4, 2014, in Instrument No. 3397586, 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, National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on November 17, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing car axle at the Northeast corner of the SE ¼ of the NW ¼, Section 11, T-12S, R-8-East of the Huntsville Meridian, Etowah county, Alabama and run South 02 degrees 58 minutes 00 seconds West, along the West line thereof, 213.46 feet to an existing capped rebar on the Southerly R/W of Alford Road (50 foot R/W); thence leaving said West line run the following chord bearings and distances along said R/W, North 81 degrees 51 minutes 12 seconds East, 211.07 feet to an existing ¼ inch rebar; North 82 degrees 40 minutes 00 seconds East, 300.00 feet and North 82 degrees 53 minutes 27 seconds East, 253.39 feet to the point of beginning of the property described herein; thence run North 82 degrees 46 minutes 08 seconds East, along said R/W. 18.00 feet to an existing ½ inch rebar of the Northwest corner of Deed Book 07, Page 3284486, Etowah County Probate Office; thence run South 02 degrees 49 minutes 51 seconds West, leaving said R/W, 209.70 feet (M) 210.00 feet ® to an existing ½ inch rebar; thence run South 48 degrees 33 minutes 48 seconds East, 564.38 feet to a point; thence run South 33 degrees 59 minutes 05 seconds West, 182.69 feet to a point; thence run North 72 degrees 14 minutes 15 seconds West, 522.55 feet to a point; thence run North 16 degrees 27 minutes 11 seconds East, 597.21 feet to the point of beginning. Said property being a portion of the Southeast ¼ of the Northwest ¼, Section 11, T-12-S, R-8-E, Etowah County, Alabama.

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 16, 23 & 30, 2015

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MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in payment of the indebtedness secured by mortgage given by C & J Enterprises, LLC, a limited liability company, to Stowe-Rowe Holdings, LLC, a limited partnership, dated September 12, 2006, recorded as Instrument Number: 3255131, Probate Office, 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 will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, in Gadsden, Alabama, between the legal hours of sale on November 13, 2015, the following described real property situated in Etowah County, Alabama: 

Lot Number Three (3) in W.A. Dougherty’s Rearrangement of Block Number Ten (10) Beverly Place, according to the map of said Re-arrangement recorded in Plat Book “F”, page 157, Probate Office, and lying and being in Rainbow City, Etowah County, Alabama, save and except those portions now embraced within the boundaries of the New Rainbow Drive Road.

LESS AND EXCEPT THE FOLLOWING:

Beginning at the South West corner of Lot #3 of W. A. Dougherty rearrangement Lot #10 of Beverly Place as recorded in Plat “F”, page 157, Judge Probate Office Etowah County.  From said point of beginning run Easterly along South line of said Lot #3 a distance of 12.00 feet; thence deflect 90 degrees 10’ 17” left run Northerly and parallel with the West line of said Lot #3 a distance of 87.39 feet to a point on the North line of said Lot #3, also being the South right-of-way Roberts Avenue; thence, deflect 90 degrees 01’ 55” left run Westerly along North line of said Lot #3 a distance of 12.00 feet to the Northwest corner of said Lot #3; thence, deflect 89 degrees 58’ 05” left run Southerly along the West line of said Lot #3 a distance of 87.34 feet to the point of beginning.

Said parcel being Westerly 12.00 feet of Lot #3 as recorded in W. A. Dougherty rearrangement of Lot 10 of Beverly Place as recorded in Plat Book “F”, Page 157, Judge Probate Office Etowah County, and containing 0.02 acres, +/-.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.  Proceeds thereof will be applied as provided by the terms of said mortgage.

Said sale subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding 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 and  rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.

Dated: October 19, 2015

STOWE-ROWE HOLDINGS, LLC

a limited partnership

Mortgagee

BY: GEORGE C. DAY, JR.

Attorney for Mortgagee

Day & Welch, P.C.

1925 Rainbow Drive 

Gadsden, Alabama 35901

(256) 543-1660

Oct 23, 30 & Nov 6, 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 September 30, 1998 by Blake Carroll, an unmarried man, originally in favor of Colonial Bank, and recorded in Book 1998 at Page 275 on October 2, 1998, 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 November 23, 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 lot herein, start at the Northeast corner of the SW 1/4 of the SW 1/4, in Section 4, and from thence run in a Southerly direction and along the East line of said forty a distance of 250.00 feet to a point; thence deflect an angle of 92°52’00” to the right and run in a Westerly direction a distance of 170.00 feet to a point; thence deflect an angle of 93°22’02” (92°52’00” deed) to the left and run in a Southerly direction and parallel with the East line of said forty a distance of 298.71 feet (288.00 feet deed) to the point of beginning to describe the lands herein; and from said point of beginning continue in a Southerly direction and parallel with the East line of said forty a distance of 128.50 feet to a point; thence deflect an angle of 97°10’00” to the right and run Westerly a distance of 8.00 feet to a point; thence deflect an angle of 01°06’45” (02°46’00” deed) to the left and run in a Westerly direction a distance of 177.40 feet to a point; thence deflect an angle of 83°56’30” (85°36’00” deed) to the right and run in a Northerly direction parallel to the East line of said forty a distance of 124.20 feet to an existing 3” pipe; thence deflect an angle of 94°46’54” (92°52’00” deed) to the right and run in an Easterly direction parallel to the North line of said forty and along a possession line a distance of 185.00 feet to the point of beginning, said description embracing a portion of the SW1/4 of the SW 1/4, in Section 4, Township 13 South, Range 6 East of Huntsville Meridian, in Southside, Etowah County, Alabama. 

For informational purposes only, the property address is: 1856 Willow Ln, 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.

Branch Banking and Trust Company, Successor in interest to Colonial Bank by acquisition of assets from the FDIC as receiver for Colonial Bank, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-008281

ATTORNEYS FOR MORTGAGEE OR TRANSFEREE

Oct 23, 30 & Nov 6, 2015

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MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

WHEREAS, Billy Miller, an unmarried individual, did heretofore on the 21st day of December, 2011, execute to Liberty Bank a mortgage which is recorded as Instrument Number 3360267 in the Probate Office of  Etowah County, Alabama, and

WHEREAS, default has been made in the payment of the indebt¬edness secured by said mortgage and such default continuing, said mortgagee, Liberty Bank, being the holder and owner of said mortgage and the indebtedness thereby secured has declared the entire indebtedness due and payable at once as provided in said mortgage and to realize the entire indebtedness secured thereby in accordance with the terms and conditions thereof, will on the 19th day of November 2015, between the legal hours of sale at the North Courthouse door in Gadsden, Etowah County, Alabama, under the power contained in said mortgage, sell at auction to the highest bidder, for cash, the property described in said mortgage, to wit:

Tract (1): Commence at an axle on the Easterly R/W of Leath Gap Cutoff Road (R/W unknown) marking the SW corner of the NW1/4-NW1/4 of Section 18, T-10-S, R-6-E; thence N0129’01”E 970.38 feet along said R/W and along the West line of said forty to a 1/2” capped rebar (CA-497-LS) also being the point of beginning; thence continue N0129’01”E 115.00 feet along said R/W and along said forty line to a 1/2” capped rebar (CA-497-LS); thence leaving said R/W and said forty line S8801’38”E 322.17 feet to a 1/2” capped rebar (CA-497-LS); thence S0126’35”W 115.00 feet to a 1/2” capped rebar (CA-497-LS); thence N8801’38”W 322.29 feet to the point of beginning. Containing 0.85 acres, more or less, in Etowah County, Alabama.

Tract (2): Commence at an axle found on the Easterly R/W of Leath Gap Cutoff Road (R/W unknown) marking the SW corner of the NW1/4-NW1/4 of Section 18, T-10-S, R-6-E; thence N0129’01”E 855.38 feet along said R/W and along the West line of said forty to a 1/2” capped rebar (CA-497-LS) also being the point of beginning; thence continue N0129’01”E 115.00 feet along said R/W and along said forty line to a 1/2” capped rebar (CA-497-LS); thence leaving said R/W and said forty line S8801’38”E 322.29 feet to a 1/2” capped rebar (CA-497-LS); thence S0126’35”W 115.00 feet to a 1/2” capped rebar (CA-497-LS); thence N8801’38”W 322.37 feet to the point of beginning. Containing 0.85 acres, more or less, in Etowah County, Alabama.

 

Tract (3): Commence at an axle on the Easterly R/W of Leath Gap Cutoff Road (R/W unknown) marking the SW corner of the NW1/4-NW1/4 of Section 18, T-10-S, R-6-E; thence N0129’01”E 740.38 feet along said R/W and along the West line of said forty to a 1/2” capped rebar (CA-497-LS) also being the point of beginning; thence continue N0129’01”E 115.00 feet along said R/W and along said forty line to a 1/2” capped rebar (CA-497-LS); thence leaving said R/W and said forty line S8801’38”E 322.37 feet to a point; thence S0126’35”W 115.00 feet to a 1/2” capped rebar (CA-497-LS); thence N8801’38”W 322.45 feet to the point of beginning. Containing 0.85 acres, more or less, in Etowah County, Alabama.

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the costs and expenses of foreclosure.  The auctioneer will give to the purchaser a foreclosure deed with statutory warranties subject to any prior encumbrances, ad valorem taxes due October 1, 2016, all redemptive rights created as a result of the foreclosure sale, title to all minerals or mining rights, easements, restrictions and covenants of record and matters or defects which would be shown by an accurate survey of said property.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. 

Dated this the 13th day of October, 2015.

Danny L. Smith

Auctioneer & Attorney for Mortgagee

P.O. Box 249

Boaz, AL  35957

(256) 593-4009

Oct 23, 30 & Nov 6, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated November 4, 2002 executed by Joann O’Neal, an unmarried woman, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for America’s Wholesale Lender, said Mortgage being recorded November 8, 2002, in Doc. #M-2002-5193  in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Green Tree Servicing LLC by instrument recorded in Instrument Number 3402427 in the Office of the Judge of Probate of Etowah County, Alabama. Said default continues and notice is hereby given that the undersigned, Ditech Financial LLC FKA Green Tree Servicing LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on 11/16/2015, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit: 

      

A lot or parcel of land described as beginning at a point in the East line of Reynolds Street which is 335 feet Northerly measured along the East line of Reynolds Street from where the same intersects the North line of Cleveland Avenue, and from thence running in a Southerly direction and along the East line of Reynolds Street a distance of 47.5 feet, thence in a Easterly direction and parallel with the North line of Cleveland Avenue a distance of 143.61 feet to a point in the East line of Lot Number 68; thence in a Northerly direction and along the East line of Lots 68 and 67 a distance of 47.5 feet; thence in a Westerly direction and parallel with the North line of Cleveland Avenue a distance of 143.42 feet to the point of beginning, and embracing portions of Lots Number 67 and 68 in what is known as Block Number 3, in the Westview Addition to Gadsden, according to the map or plat thereof as the same appears of record in Book of Town Plats “A”, Page 1, in the office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

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

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

Ditech Financial LLC FKA Green Tree Servicing LLC

Paul J. Spina, III

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

(205) 298-1800

Oct 23, 30 & Nov 6, 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 TO

FILE CLAIMS

SHAWN MCLAUGHLIN appointed Personal Representative (s) on August 18, 2015 Estate of EDMUND JOHN MCLAUGHLIN, 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

Oct 16, 23 & 30, 2015

______________

NOTICE TO

FILE CLAIMS

BARRY LYALL ENSTICE appointed Personal Representative (s) on September 24, 2015 Estate of CLAIRE E. ENSTICE, 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 16, 23 & 30, 2015

______________

NOTICE TO

FILE CLAIMS

RICKY WALDRON appointed Personal Representative (s) on September 24, 2015 Estate of CARL DAVID WALDRON, 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 16, 23 & 30, 2015

______________

NOTICE TO

FILE CLAIMS

SAMANTHA NICHOLS appointed Personal Representative (s) on May 11, 2015 Estate of LUIS EDUARDO NOLASCO-CORDOVA, 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 16, 23 & 30, 2015    

______________

NOTICE TO

FILE CLAIMS

REBECCA JENA STANCIL appointed Personal Representative (s) on October 2, 2015 Estate of WILLIAM MILTON JONES, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

SHERRY LYNN DEALE appointed Personal Representative (s) on October 6, 2015 Estate of PANSY S. ADCOCK, 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 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

JULIE GORDON SCOBY appointed Personal Representative (s) on October 6, 2015 Estate of DANIEL GORDON, 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 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

ROSIE LEE ANDERSON appointed Personal Representative (s) on October 6, 2015 Estate of SHELIA DIANE GREEN, 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 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

JONATHAN TIDWELL appointed Personal Representative (s) on September 29, 2015 Estate of CHARLOTTE TURNER CHAVIERS, 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 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

JANETTE LAMINACK appointed Personal Representative (s) on October 5, 2015 Estate of JUDY RUTH DAVENPORT 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

Oct 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

ROBERT GRAHAM JOHNSTON appointed Personal Representative (s) on October 5, 2015 Estate of SHEILA DOROTHY JOHNSTON, 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 23, 30 & Nov 6, 2015 

______________

NOTICE TO

FILE CLAIMS

CHARLES M. COLE appointed Personal Representative (s) on September 30, 2015 Estate of NORRIS AARON COLE, 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 23, 30 & Nov 6, 2015 

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to SUE B. BRAGG, P.O. BOX 8102, GADSDEN, ALABAMA 35902 and JAMES L. MAWYER and CAROLYN S. MAWYER, 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 417 BRYAN STREET  in District 6 in the City of Gadsden, more particularly described as: 

Lot Number Four (4) in Block Number Fourteen (14) in Walnut Park or West Point Second Addition, Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book “B”, Page 117, 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            

Oct 23, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, and THE ESTATE OF JOHNNY MEDLEY, 10030 BEAIRD ROAD, 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,  NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 2907 SHAHAN AVENUE in District 6 in the City of Gadsden, more particularly described as: 

Lot 63 on Shahan Avenue, and being 100’ long, in the Central Alabama City Addition to the City of Alabama City, as shown by the map of said property Ernest Smith, a Civil Engineer, in and for the County of Etowah, State of Alabama, and filed for record in the Office of the Judge of Probate under date of December 10, 1907, being all that portion of said it remaining after deducting a strip 14’ wide on the west side thereof, and a strip 2’ wide on the east side thereof, situated lying and being in 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

Oct 23, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to FNA NP, LLC, 120 N LASALLE STREET, 29TH FLOOR, CHICAGO, ILLINOIS 60602, ANITA BLANKENSHIP PHILLIPS, and SOUTHTRUST 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 1517 HARRISON AVENUE in District 5 in the City of Gadsden, more particularly described as:

A tract or parcel of land described as being at the Southeast corner of Lot Number 11, and from thence run in a westerly direction along the south line of said lot a distance of 80 feet to a point, thence in a northerly direction, parallel with the West line of said lot, a distance of 50 feet to a point in the north line thereof, thence in a easterly direction and along the north line of said line a distance of 80 feet to the northeast corner thereof; thence in a southerly direction and along the east line of said lot a distance of 50 feet to the point of beginning, and embracing what is commonly known as the East 80 feet of Lot Number Eleven (11), in Block Number Twenty-six, in Gadsden Realty Company’s South Gadsden or Cresent Heights Addition, according to the map thereof as recorded in Plat Book “B”, pages 314 and 315, in the Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

Should be assessed with a lien of $3,014.92   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 23, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to ERNEST JOHNSON, 200 LAWLER CIRCLE, 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 200 LAWLER CIRCLE  in District 3 in the City of Gadsden, more particularly described as: 

Begin at a point in the Wst line of the SW1/4 of the SW1/4 of Section Thirty-four, which is 669 feet North from the SW corner of said forty measured along the West line thereof; from thence run South 76 degrees 30 minutes East a distance of ten feet for the point of beginning and thence continue South 76 degrees 30 minutes East, a distance of 182 feet to a point; thence North 16 degrees 10 minutes East, a distance of 60 feet to a point; thence North 76 degrees 30 minutes West, a distance of 182 feet to a point; thence South 16 degrees 10 minutes West a distance of 60 feet to the point of beginning, containing 0.25 acres and all lying and being in the SW1/4 of the SW 1/4 of Section thirty-four, TWP, Eleven South, Range Six East of the Huntsville Meridian, 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

Oct 23, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, and THE ESTATE OF BELINDA DENNEY, 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 624 SPRING STREET  in District 3 in the City of Gadsden, more particularly described as:

The South Half of Lots 1 and 2 in Block 12 of Ward’s Addition to the City of Gadsden, Etowah County, Alabama, as shown by map or plat thereof recorded in Plat Book “B”, Page 53, in the Office of the Judge of Probate of Etowah County, Alabama, the property conveyed fronting 57 ½ feet on Spring Street and running back of even width along Hermoss Street 150 feet, and being and lying in Gadsden, Etowah County, Alabama.

***Lot 3, which is included in the deed, is not owned by the estate of Belinda Denney nor the State of Alabama.

Should be assessed with a lien of $3,764.92   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 23, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, HANEY MITCHELL, JOHN MITCHELL and MASON MITCHELL, 1186 SUMMERWOOD DRIVE, HARRISBURG, PENNSYLVANIA 17111-4759, 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 708 SPRING STREET  in District 3 in the City of Gadsden, more particularly described as: 

Beginning at a point on the west boundary line of Spring Street which is 75 feet north from Hurst Street, running thence westward parallel with Hurst Street 75 feet, more or less, to the Charles Temple line; thence northward and parallel with Spring Street 75 feet, Eastwardly and parallel with Hurst Street 72 feet, more or less, to the west boundary lien of Spring Street; thence southerly along the west boundary line of Spring Street 75 feet to the beginning corner, 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

Oct 23, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to J. K. PROPERTIES, LLC, 2450 WARRIOR VALLEY ROAD, ALTOONA, ALABAMA 35952, and JEFF EDMONDSON, 802 HOLLY CREEK DRIVE, 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 2 LAUREL ROAD in District 6 in the City of Gadsden, more particularly described as: 

Lot Number 61, Parcel Number 3, as shown on map of property of Cone Mills     Corporation, Dwight Division, recorded in plat Book “F”, pages 51-65, in the Office of the Judge of Probate of Etowah County, Alabama, subject to those easements, restrictions and conditions which are covenants running with the land as described in that deed recorded in Book 835 , Page 55, 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

Oct 23, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, and JOE H. HUFF, 306 LOLA LANE, 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, NOVEMBER 3, 2015 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 801 CHESTNUT STREET in District 5 in the City of Gadsden, more particularly described as: 

Lot Number Fourteen (14) of the M.V. Kyle Estate Property, as shown by map recorded in Plat Book “A” pages 188 and 189, 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

Oct 23, 2015

______________

RESOLUTION NO. R-413-15

Ordering Abatement of Nuisance

                                                                       

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

1506 CENTRAL AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Two (2) and Three (3) in Block One (1) in Meadow Grove Subdivision, according to map thereof recorded in Plat Book “C”, Page 395, in the Office of the Judge of Probate 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 Stephen Jones, 412 4th Avenue NW, Attalla;

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 October 13, 2015.

       

Iva Nelson, City Clerk       

Oct 23, 2015       

______________

RESOLUTION NO. R-414-15

Ordering Abatement of Nuisance

                                                                       

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

806 AVENUE B   in District 3 in the City of Gadsden, more particularly described as:

A tract or parcel of land described as beginning at the Northwest Corner of Lot Number One (1), in Block Number Twenty-One (21); and from thence run in a Southerly direction and along the West line of Lots Numbers One and Two, a distance of 63 feet; thence in an Easterly direction and parallel with the North line of said Lot Number One (1) a distance of 52 feet to a point; thence in a Northwesterly direction and in a direct line to a point in the North line of Lot Number One (1), which is 47 feet Easterly, measured along said North line, from the Northwest corner thereof; thence in a Westerly direction and along the North line of said Lot Number One (1), a distance of 47 feet to the point of beginning, and embracing portions of Lots Numbers One and Two, in Block Number Twenty-One (21) in the Coosa Land Company, et als, Rearrangement of portions of the Gadsden Land and Improvement Company’s Thornton Addition, according to the map of said Rearrangement as the same appears of record in Book of Town Plats “B”, Pages 334 and 335, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon; save and except all the minerals, mineral and mining rights, privileges and interest in, under and upon the same.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to John Alexander Sr., P.O. Box 8066, and Citifinancial Corporation, 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 October 13, 2015.

Iva Nelson, City Clerk       

Oct 23, 2015       

______________

RESOLUTION NO. R-415-15

Ordering Abatement of Nuisance

                                                                       

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

1348 FORREST AVENUE in District 3 in the City of Gadsden, more particularly described as:

Lot Number Twenty-two (22) in Block Number Two (2), Tallman addition a subdivision according to a map or Plat thereof which is on file of record in the Office of the Probate Judge of Etowah County, Alabama, in Plat Book “A”, Page 91, reference to which is hereby made in aid of and as a part of this description. Property address: 1348 Forrest Avenue, Gadsden, Alabama 35906.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Ann Harris, 370 Butler Road, Bowdon, GA 30108, and Robert Conville II;

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 October 13, 2015.

       

Iva Nelson, City Clerk      

Oct 23, 2015        

______________

RESOLUTION NO. R-416-15

Ordering Abatement of Nuisance

                                                                       

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

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

Lot Number Nine-A (9-A) in the rearrangement of Lots 9 and 10 of the Lambert Addition according to the map of said Rearrangement recorded in Plat Book “F”, page 13, Probate Office, Etowah County 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 Angela Swain, and State of Alabama, P.O. Box 327210, Montgomery;

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 October 13, 2015.

       

Iva Nelson, City Clerk    

Oct 23, 2015          

______________

RESOLUTION NO. R-417-15

Ordering Abatement of Nuisance

                                                                       

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

1121 JUPITER STREET in District 5 in the City of Gadsden, more particularly described as:

Lot Number Ten (10), in Block “J”, in the Elliott Second Addition to Gadsden, according to the map or plat thereof as the same appears of record in Plat Book “B”, pages 2 and 3, in the Probate Office, 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 TLR AL, LLC and State of Alabama, P.O. Box 327210, Montgomery;

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 October 13, 2015.

       

Iva Nelson, City Clerk        

Oct 23, 2015      

______________

RESOLUTION NO. R-418-15

Ordering Abatement of Nuisance

                                                                       

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

808 OAK STREET in District 5 in the City of Gadsden, more particularly described as:

Lot 3, Block 10, Woodlawn Addition, according to the map or plat thereof appearing of record in Plat Book A, Page 15, Probate Office, Etowah County, Alabama, less and except therefrom, however, the portions of said lot described in and conveyed by that certain deed to Debra J. Smith dated June 1, 1998, and filed in said Probate Office as Document D- 1998-2558, which excepted portions are described as follows:

A lot or parcel of land described as beginning at the southeast corner of Lot Three (3), and from thence run north and along the east line of said lot a distance of 45 feet; thence run west and parallel with the north line of said lot a distance of 88 feet; thence run south and parallel with east line of said lot a distance of 45 feet to the south line of said lot; thence run east and along the south line of said lot a distance of 88 feet to the point of beginning, said description embracing the south 45 feet of the east 88 feet of lot number three (3) in block number ten (10) of Woodlawn Addition, according to map recorded in Plat Book “A”, Page 15, 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 A & D Properties, LLC 431 Riverton Drive, Rainbow 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 October 13, 2015.

       

Iva Nelson, City Clerk

Oct 23, 2015

______________

RESOLUTION NO. R-419-15

Ordering Abatement of Nuisance

                                                                       

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

15 MARSTON AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Number Eight-three (83) in Parcel Number Three (3) of the Cone Mills Corporation, Dwight Division Plat recorded in Plat Book “F”, Page 55, Probate Office, Etowah County, Alabama, together with all improvements thereon and subject to easements of record 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 FNA NP, LLC 120 N. Lasalle Street 29th Floor, Chicago, IL and Mary A. Nance, 

15 Marston 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 October 13, 2015.

       

Iva Nelson, City Clerk          

Oct 23, 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 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

PUBLICATION

IN THE MATTER OF THE ESTATE OF RONAL LEE HARDEN, DECEASED

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA 

CASE NUMBER S-6838

TO: RONAL LOUIS HARDEN AND ANY OTHER HEIRS OF RONAL LEE HARDEN, DECEASED, WHOSE IDENTITIES AND/OR WHEREABOUTS ARE UNKNOWN.

You will hereby take notice that on this day came Karen Harden and petitioned the court to sell property that is held by the Estate of Ronal Lee Harden.

You are hereby notified to be and appear before me, at my office in the Courthouse of said County, on the 17th day of November, 2015, at 2:30 o’clock p.m. when the Petition to sell property will be considered, and to show cause, if any you have, why the property should not be sold.

This the 14th day of October, 2015 at Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Oct 23, 30 & Nov 6, 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

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900556

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 7th day of December, 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

Oct 16, 23, 30 & Nov 6, 2015

______________

NOTICE OF

SALE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: CV-11-000060

THE ESTATE OF VONA LEE FLOWERS, DECEASED

Under and by virtue of a judgment in the above styled cause rendered by the Honorable William B. Ogletree, Circuit Judge, the following property shall be sold at public auction on Tuesday, December 1, 2015 t 11:00 a.m. to the best, highest and last bidder:

Lots Numbers 10, 11 and 12 in Block Number 1 in Rollings Green Farm Tracts Number 2, according to the map thereof as recorded in Plat Book “E”, Pages 36 37, in the office of the Judge of Probate of Etowah County, Alabama and lying and being in East Gadsden, Etowah County, Alabama, together with all improvements located thereon, and being one and the same property as described in those certain deeds recorded in Book “1151”, Page 257 and Book “2015”, Page 203 in the office of the Judge of Probate of Etowah County, Alabama.

The auction shall be conducted in the foyer of the Etowah County Judicial Building, 801 Forrest Avenue, Suite 202, Gadsden, Alabama 35901. The property will be offered as a whole. The winning bidder shall pay a sum equal to 10% of the amount of the winning bid by cash, cashier’s check or certified funds at the time of the sale. The balance of the purchase price shall be due within 30 days after  court confirmation of the sale and final approval to close. Conveyance shall be by Clerk’s Deed.

Done this 9th day of October, 2015.

Cassandra Johnson

Circuit Clerk

Oct 16, 23, 30 & Nov 6, 2015

______________

ADVERTISEMENT FOR BIDS

Sealed Proposals will be received in duplicate by the CED Mental Health Center, Centre, Alabama at the CED Mental Health Center, 425 5th Avenue, N.W., Attalla, AL 35954, until 2:00 p.m. (local time) on November 10, 2015, for site improvements to the CED Group Home, Centre, Alabama.

Contract Documents may be examined at the office of the Architect.

The project includes tree removal, chain link fence and asphalt paving.

Copies of the documents may be obtained from the Architect by depositing $25.00 for each set of documents so obtained, plus $25.00 handling fee. Such deposits will be refunded in full to each general contractor bidder submitting a bonafide bid

A Certified Check or Bid Bond payable to the CED Mental Health Center, Attalla, Alabama, U.S. Government bonds, or a satisfactory bid bond executed by the bidder and acceptable sureties in an amount equal to five (5) percent of the bid, shall be submitted with the bid.

The successful bidder will be required to furnish and pay for a satisfactory performance and payment bond or bonds.

All bonds must be signed by an Alabama Resident or Resident Agent.

Contractors shall be licensed in accordance with the State Laws. Proof of licensure will be required on the outside of the Bid Envelope before bid will be considered. Subcontractors whose contracts exceed $50,000 must also be licensed according to the State of Alabama Law and show proof thereof.

The CED Mental Health Center Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

A pre-bid conference will be held at 2:00 p.m. C.S.T. on November 3, 2015, at 901 Edith Street, Centre, Alabama 35960. The purpose of the conference is to answer questions, should they arise, relating to the contract documents. It is not mandatory that bidders should attend, but is strongly advised.

PATRICIA E. SHERMAN

ARCHITECT

307 WALL STREET 

GADSDEN, AL  35904

Oct 23, 30 & Nov 6, 2015

______________

NOTICE OF

SALE

The contents of the following units will be disposed of on October 30, 2015 for charges due. Tonya Laughlin #210; Ken Stewart #110; Iris Lancaster #118; Harold Woody #307.

Briarmeade Village Mini Warehouses

409 W. Main St

Glencoe, AL 35905

Oct 16 & 23, 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 23, 2015 for charges due.

1979 Chevy Truck VIN# CCG14AL105035

2002 Nissan Altima VIN# 1N4AL 11D12C190093

2005 Pontiac G6 VIN# 1G2ZG5528 054125135

1999 Ford Ranger VIN# 1FTZR15X9XTA 43186

2002 Dodge Neon VIN# 1B3ES26C62D 559417

ER Towing & Recovery

62 Harper Lane

Hokes Bluff, AL 35903

Oct 16 & 23, 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 23, 2015 for charges due.

2004 Chevy Silverado Pickup Truck VIN# 1GCEC14 X54Z343365

Buddy’s Towing & Recovery

519 N 13th Street

Gadsden, AL 35901

Oct 16 & 23, 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 23, 2015 for charges due.

1987 Buick Regal VIN# 1G4GJ1177 HP459201

Tony Woods

804 9th Street SW

Attalla, AL 35954

Oct 16 & 23, 2015