Legal notices for the week of November 27-December 4

November 25, 2015 chris
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MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joshua Tate Fielding, a single man, to Alabama Teachers Credit Union on the 14th day of December, 2011, said mortgage being recorded at Instrument #3359735, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 7th day of December, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

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

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

Alabama Teachers Credit Union

BY:__/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick

& Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on March 22, 2010 by Kyle L. Blanton, a single man, originally in favor of Taylor Mortgage, Inc., and recorded in Instrument # at 3329447 on March 24, 2010, 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 #, 3329448 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 December 14, 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:

A tract or parcel of land containing 0.63 acre more or less located in the NW 1/4 of the NE 1/4 of Section 7, Township 10 South, Range 5 East, Huntsville Meridian, Etowah County, Alabama, and more particularly described as follows: Commence at a 3/4” pipe at the purported location of the SE corner of said NW 1/4 of the NE 1/4; thence S 89 degrees 54 minutes 09 seconds W 1185.95 feet to an iron found at the East right of way of a railroad; thence along and with said East right of way N 25 degrees 40 minutes 47 seconds W 371.41 feet to an iron set, the point of beginning for the property herein described; thence N 25 degrees 40 minutes 47 seconds W 106.16 feet along and with said railroad right of way to an set; thence N 44 degrees 42 minutes 03 seconds E 252.80 feet to an iron set at the Southwest right of way of Coosa Road; thence along and with said right of way of Coosa Road and along a curve to the right having a chord bearing and distance of S 47 degrees 28 minutes 47 seconds E 100.07 feet a radius of 1240.57 feet, and an arc length of 100.10 feet to an iron set; thence S 44 degrees 42 minutes 03 seconds W 292.26 feet to the true point of beginning. Said tract or parcel of land is also known as Lot 2 of the Clear Creek Subdivision, and unrecorded subdivision.

 

For informational purposes only, the property address is: 400 Coosa Rd, Boaz, AL 35956.

ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.

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/ 15-008561

Attorneys for Mortgagee or Transferee

Nov 13, 20 & 27, 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 undersigned will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 14th day of December, 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

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Patricia J. Granger and Henry S. Granger, wife and husband, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for HomeQuest Capital Funding, , on the 30th day of September, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number: M-2005-4286; the undersigned U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 28, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Seven (7), Eight (8), Nine (9) and ten (10), in Block One (1), in Wiggmar Hills, as shown by plat recorded in Plat Book F, Page 141, in the Office of the Judge of Probate and lying and being in Etowah County, Alabama.

Property street address for informational purposes:  2706 Lookout Avenue, Gadsden, AL 35904

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

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.

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

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

This sale is subject to postponement or cancellation.

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

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

373641

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Albert M. Hawkins, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Metro Bank, on the 14th day of June, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3387064; 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 January 11, 2016, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Twenty (20) of Green Valley Lake Estates, Unit 11, as recorded in Plat Book L, Page 6, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Etowah County, Alabama.

Property street address for informational purposes:  6027 Chula Vista Rd, Southside, AL 35907

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.

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.

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

376180

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Nathan W. Jones and Martha D. Jones, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for Home Mortgage of America, Inc., on the 29th day of June, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3369803; 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 January 11, 2016, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Parcel One: Commence at the Southwest corner of the Northwest Quarter (NW 1/4) of Northwest Quarter (NW 1/4), Section Eleven (11), Township Eleven (11) South, Range Five (5) East, thence run North and along the West line of said forty a distance of 186.95 feet to a point; thence deflect 88 degrees 25 minutes to the right and run a distance of 35.37 feet to a point on the East line of a public road and the point of beginning of the lands herein described; thence continue to run along the previously described course a distance of 396.18 feet to a point, thence deflect 88 degrees 22 minutes 30 seconds to the left and run a distance of 219.9 feet to a point, thence deflect 91 degrees 37 minutes 30 seconds to the left and run distance of 396.18 feet to a point on the East line of a public road , thence deflect 88 degrees 22 minutes 30 seconds to the left and run along said road right of way a distance of 219.9 feet to the point of beginning, lying in and being a portion of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4), Section Eleven (11), Township Eleven (11) South, Range Five (5) East in Etowah County, Alabama.

Parcel Two: Commence at the Southwest corner of the Northwest Quarter (NW 1/4) – Northwest Quarter (NW 1/4), Section Eleven (11), Township Eleven (11) South, Range Five (5) East of the Huntsville Meridian, Etowah County, Alabama. From said point of commencement run Northerly along the West line of said forty a distance of 186.95 feet, thence deflect 88 degrees 25 minutes right and run Easterly a distance of 35.37 feet to a pinch top pipe found on the East right of way of Rickles Road, said point being the Southwest corner of the James Robert Suttles and wife, Charlotte Ann Suttles property as recorded in Deed Book 1604, Page 59 and 60 in the Judge of Probate Office of Etowah County, Alabama, thence deflect 88 degrees 22 minutes 30 seconds left and run Northerly along said right of way and along the West line of said Suttles property a distance of 219.90 feet to an iron pin set (PLS No. 20141) being the Northwest corner of said Suttles property and the point of beginning of the lands herein described. From said point of beginning deflect 0 degrees 33 minutes 01 seconds right from the previous course and continue Northerly along said right of way of a distance of 111.37 feet to a 1/2 inch rebar found; thence deflect 89 degrees 42 minutes 40 seconds right, depart from said right of way, and run Easterly a distance of 600.79 feet to an iron pin set (PLS No. 20141); thence deflect 89 degrees 55 minutes 25 seconds right and run Southerly a distance of 311.48 feet to an iron pin set (PLS No. 20141); thence deflect 88 degrees 11 minutes 24 seconds right and run Westerly a distance of 204.69 feet to a pinch top pipe found being the Southeast corner of the aforementioned Suttles property; thence deflect 91degrees 37 minutes 30 seconds right and run Northerly along the East line of said Suttles property a distance of 219.90 feet to an iron pin set (PLS No. 20141) being the Northeast corner of said Suttles property, thence deflect 91 degrees 37 minutes 30 seconds left and run Westerly along the North line of said Suttles property a distance of 396.40 feet the point of beginning.

Said parcel being a portion of the Northwest Quarter (NW 1/4) – Northwest Quarter (NW 1/4), Section Eleven (11), Township Eleven (11) South, Range Five (5) East of the Huntsville Meridian, Etowah County, Alabama and containing 2.435 acres more or less.

Property street address for informational purposes:  1850 Rickles Road, Attalla, AL 35954

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.

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.

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

372971

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Keith Davis and Margaret Davis, husband and wife, to Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation, on August 18, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3253505; and subsequently transferred to U.S. Bank National Association, as Trustee, for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EFC2; U.S. Bank National Association, as Trustee, for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EFC2, 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 December 9, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

A tract or parcel of land described as beginning South 15 feet, and East 18.03 feet measured along the South right of way line of the public road, from the Northwest Corner of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4); thence deflect right 95 degrees 33 minutes and run 150 feet to a point; thence deflect left 95 degrees 33 minutes and run 125 feet to a point; thence deflect left 84 degrees 27 minutes, and run 150 feet to a point in the South right of way line of the said public road; thence deflect left 95 degrees 33 minutes and run with said South right of way line 125 feet to the point of beginning, said description embracing a portion of the Northwest Quarter (NW 1/4) of the Northeast Quarter (ne 1/4), in Section Twenty-eight (28), Township Eleven (11) South, Range Six (6) East of the Huntsville Meridian, in Etowah County, Alabama, subject to easements appearing of record in the Probate Office of Etowah County, Alabama.

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

U.S. Bank National Association, as Trustee, for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EFC2

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated May 24, 2011, executed by Jason M. Bristol and Teri I. Bristol, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for CitiMortgage, Inc., which mortgage was recorded on June 9, 2011, in Instrument No. 3350710, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., 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:

Commence at the Southwest corner of the Northeast quarter (NE quarter) of the Northwest quarter (NW quarter), Section Twenty Six (26), Township Ten (10) South, Range Five (5) East of Huntsville Meridian and run North 01 degrees 49 minutes 13 seconds West along the West line thereof 429.65 feet to the Point of Beginning of the property described herein; Thence continue North 01 degree 49 minutes 13 seconds West along said West line 181.52 feet to a point; Thence run North 88 degrees 01 minute 47 seconds East leaving said West line 174.29 feet to a point on the Westerly R/W of Woodland Drive (60 minutes R/W); Thence run Southerly along said R/W with a curve to the left having a radius of 220.01 feet, an arc length of 44.84 feet and a delta angle of 11 degrees 40 minutes 37 seconds to a point; Thence run Southerly along said R/W with a curve to the right having a radius of 442.36 feet, an arc length of 171.78 feet and a delta angle of 20 degrees 14 minutes 57 seconds to a point; Thence run North 81 degrees 14 minutes 40 seconds West, leaving said R/W, 183.60 feet to the Point of Beginning. Said property being a portion of the Northeast quarter (NE quarter) of the Northwest quarter (NW quarter), Section Twenty Six (26), Township Ten (10) South, Range Five (5) East, Etowah County, Alabama.

Together with an easement for ingress and egress described as follows: commence at the Southwest corner of the Northeast quarter (NE quarter) of the Northwest quarter (NW quarter), Section Twenty-Six (26), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian and run North 01 degree 49 minutes 13 seconds West, along the West line thereof, 37.64 feet to a point; Thence run North 88 degrees 10 minutes 47 seconds East, leaving said West line, 55.33 feet to the Point of Beginning of a Centerline of a 60.00 feet access easement; Thence run the following along said Centerline; North 24 degrees 28 minutes 32 seconds East, 256.82 feet to a Point of Curve to the left; North 05 degrees 29 minutes 36 seconds East, a chord distance of 307.33 feet to a Point of Tangent; North 33 degrees 02 minutes 32 seconds East, a chord distance of 275.59 feet to a Point of Tangent on a curve to the right; North 79 degrees 26 minutes 16 seconds East, 494.15 feet to a point; North 22 degrees 53 minutes 12 seconds East, a chord distance of 116.49 feet to a Point of Tangent of a curve to the right; North 51 degrees 31 minutes 55 seconds East, 223.56 feet to the Centerline of Cox Gap Road (50 minutes R/W) and the end of said access easement, said easement being known as Woodland Road. According to the survey prepared by Jerry L. Dowdy, PLS AL REG No. 18979 dated May 16, 2003.

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

CitiMortgage, Inc.

Transferee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Nov 13, 20 & 27, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 25, 2010 by Chuck A. Decker and Suzanne M. Decker, husband and wife as joint tenants with full rights of survivorship, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Community Mortgage, Inc., and recorded in Instrument # at 3337414 on September 1, 2010, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Branch Banking and Trust Company as reflected by instrument recorded in Instrument #, 3398109 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 December 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:

COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER WESTERLY 132.85 FEET MORE OR LESS ALONG THE SOUTH RIGHT-OF-WAY OF BLACK BOTTOM ROAD FOR A BEGINNING POINT. CONTINUE WESTERLY 241.4 FEET MORE OR LESS ALONG SAID ROAD RIGHT-OF-WAY TO THE NORTHEAST CORNER OF THE CHUCK A. DECKER PROPERTY BY DEED DATED JUNE 6, 1990 RECORDED IN BOOK 1754 PAGE 129-131 ETOWAH COUNTY PROBATE OFFICE SOUTHEASTERLY 244 FEET, MORE OR LESS, WESTERLY181.74 FEET MORE OR LESS TO THE CARL A. DECKER AND LESSIE DECKER WEST PROPERTY LINE BY DEED RECORDED IN BOOK 1022, PAGE 639. SOUTHEASTERLY TO SAID CARL A. DECKER SOUTHWEST PROPERTY CORNER EASTERLY ALONG THE SOUTH LINE OF CARL A. DECKER PROPERTY AND A FENCE TO AN IRON STOB NORTHERLY FROM A DITCH ALONG A FENCE TO AN IRON STOB ON THE OLD LINE WESTERLY ALONG FENCE TO A DITCH NORTHERLY ALONG FENCE TO THE NORTHEAST CORNER OF THE SAID ROAD RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF THE SAID CARL A. DECKER PROPERTY CONTAINING 12 ACRES, MORE OR LESS, IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST QUARTER IN SECTION 22 TOWNSHIP 10 SOUTH RANGE 4 EAST IN ETOWAH COUNTY, ALABAMA.

Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, encroachment, covenants, terms, conditions and building set back lines of record.

For informational purposes only, the property address is: 325 Black Bottom Rd, Boaz, AL 35956.

ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.

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, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-008683

Attorneys for Mortgagee or Transferee

Nov 20, 27 & Dec 4, 2015

______________

MORTGAGE

FORECLOSURE SALE 

Alabama, Etowah County  Default having been made pursuant to the terms of that certain mortgage executed by Michael D. Smith and wife Angela K. Smith to Mortgage Electronic Registration Systems, Inc., as nominee for State Farm Bank, F.S.B., its successors and assigns, dated 08/20/07, said mortgage being recorded in Instrument 3278840, in the Office of the Judge of Probate of Etowah County, AL said Mortgage was last sold, assigned and transferred to State Farm Bank, F.S.B.. State Farm Bank, F.S.B., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash or certified/bank only. The certified/bank check should be made payable to or endorsed to RCO Legal, P.C. The sale will take place during the legal hours of sale, on 12/10/15 before the courthouse door of Etowah County the following real estate, situated in Etowah County, AL, to-wit: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3 TOWNSHIP 11 SOUTH RANGE 5 EAST, ETOWAH COUNTY, ALABAMA, AND RUN SOUTH 00 DEGREES 02’ 57” EAST FOR 363.59 FEET TO THE POINT OF BEGINNING, THENCE NORTH 71DEGREES 35’47” EAST FOR 183.34 FEET, THENCE SOUTH 27 DEGREES 58’ 01” EAST FOR 105.05 FEET,THENCE NORTH 69 DEGREES 36’47” EAST FOR 129.20 FEET, THENCE NORTH 00 DEGREES 00’ 00” WEST FOR 75.43 FEET; THENCE NORTH 88 DEGREES 28’ 41” WEST FOR 152.32 FEET, THENCE NORTH 00 DEGREES 57’ 04” EAST FOR 143.89 FEET, THENCE SOUTH 51 DEGREES 56’ 37” WEST FOR 380.31 FEET BACK TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.99 MORE OR LESS.   AND ALSO A 14 FOOT WIDE EASEMENT DESCRIBED AS FOLLOWS:  COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 11 SOUTH RANGE 5 EAST, ETOWAH COUNTY, ALABAMA AND RUN  SOUTH 00 DEGREES 02’ 57” EAST FOR 363.59 FEET TO THE POINT OF BEGINNING, THENCE NORTH 71 DEGREES 35’47” EAST FOR 183.34 FEET, THENCE SOUTH 27 DEGREES 58’ 01” EAST FOR 105.5 FEET, THENCE NORTH 69 DEGREES 36’ 47” EAST FOR 129.20 FEET, THENCE NORTH 89 DEGREES 28’ 01” EAST FOR 105.00 FEET, THENCE, NORTH 00 DEGREES 00’00” WEST FOR 75.43 FEET, THENCE NORTH 88 DEGREES 28’ 41” WEST FOR 8.25 FEET TO THE CENTERLINE POINT OF BEGINNING FOR A 14 FOOT WIDE EASEMENT, THENCE ALONG SAID CENTERLINE NORTH 01 DEGREES 04’52” EAST 87.46 FEET, THENCE NORTH 10 DEGREES 38’44” EAST FOR 95.72 FEET TO THE SOUTHERN RIGHT OF WAY LINE OF MOUNTAINVIEW ROAD, SAID POINT BEING THE CENTERLINE POINT OF ENDING.  Said property is commonly known as 50 Hudgins Dr, Attalla, AL 35954. The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due.  The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the property is Michael D. Smith and Angela K. Smith or tenant(s).  RCO Legal, P.C. 2970 Clairmont Road NE Suite 780 Atlanta, GA 30329 (770) 234-9181

(770) 234-9192 TS#: 7367.23039 FEI # 2013.03695

Nov 20, 27 & Dec 4, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Michael Shea Wiggonton and Emily Diane Wiggonton, husband and wife, for and during their joint lives and upon the death of either of them, then to the survivor of them in fee simple, together with every contingent remainder and right of reversion, to Mortgage Electronic Registration Systems, Inc., as nominee for Amerigroup Mortgage Corporation A Division of Mortgage Investors Corporation, on January 24, 2013, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument number 3380176; and subsequently transferred to Freedom Mortgage Corporation; Freedom Mortgage Corporation, 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 December 15, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT 4 IN BLOCK 3 OF ARGYLE PLACE ADDITION, ACCORDING TO THE MAP THEREOF RECORDED IN PLAT BOOK “B”, PAGE 367 IN THE PROBATE OFFICE OF THE ETOWAH COUNTY, ALABAMA AND LYING AND BEING IN GADSEN, 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.

Freedom Mortgage Corporation

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Nov 20, 27 & Dec 4, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Lanny J. Bolt and Geneva R. Bolt, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, New South Federal Savings Bank, and Lender’s successors and assigns), dated the 28th day of June, 2007, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3274365; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, New South Federal Savings Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated September 3, 2015 and recorded in said Probate Office in Instrument Number 3423283. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on December 18, 2015, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Parcel One:  Lot Number Twenty-two (22) in Block Number Twenty-two (22) in the Walnut Park Addition to Alabama City, (now Gadsden) Etowah County, Alabama according to the map or plat thereof as the same appears of record in Plat Book “B”, Page 117, in the Probate Office of Etowah County, Alabama.

Parcel Two: Lot Number Twenty-three (23) in Block Number Twenty-two (22) in Walnut Park, or West Point Second Addition, according to the map or plat thereof recorded in Plat Book “B”, Page 117, Probate Office and lying and being in Gadsden (formerly Alabama City), Etowah County, Alabama, together with all improvements located thereon.

Parcel Three: Lot Number Twenty-four (24) in Block Number Twenty-two (22) in Walnut Park, or West Point Second Addition, according to the map or plat thereof recorded in Plat Book “B”, Page 117, Probate Office and lying and being in Gadsden (formerly Alabama City), Etowah County, Alabama, together with all improvements located thereon.

This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.  

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-1871

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

Nov 20, 27 & Dec 4, 2015

______________

MORTGAGE

FORECLOSURE SALE

WHEREAS, default has been made in the terms of the mortgage executed on the 22nd day of October, 2009, by PAUL M. MURATTA, as mortgagor in favor of THE EXCHANGE BANK OF ALABAMA- GADSDEN as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama as Instrument #3322315, and said default continuing, the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Etowah, Alabama, during legal hours of sale on the 7th day of December, 2015, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:

Commence at the Northeast corner of Fraction “N”, Section 19, T-13-S, R-6-E, Etowah County, Alabama.  From said Point of Commencement run along the Northwest right-of-way of Meadow Lake Road South 71°49’27” West a distance of 2402.45 feet to an iron pin found.  Thence deflect left and run South 19°46’11” East a distance of 39.75 feet to an iron pin set on the Southeast right-of-way of said Meadow Lake Road, said point of being the point of beginning of the property herein described.  From said point of beginning, run North 71°00’00” East along the Southeast right-of-way of said road a distance of 112.78 feet to an iron pin set.  Thence deflect right and run South 47°51’32” East a distance of 442.75 feet to an iron pin found on the 509 contour of the H. Neely Henry reservoir.  Thence deflect right and run along said contour North 51°50’02” West a distance of 143.97 feet to an iron pin found.  Thence deflect left and run along said contour North 64°31’50” West a distance of 111.89 feet to an iron pin found.  Thence deflect left and run South 43°44’24” East along said contour a distance of 144.82 feet to an iron pin found.  Thence deflect right and run South 32°49’42” East along said 509 contour a distance of 68.23 feet to an iron pin found.  Thence deflect right and run along said contour North 56°55’31” West a distance of 188.78 feet to an iron pin found.  Thence deflect left and run along said contour South 33°59’00” East a distance of 181.26 feet to an iron pin found.  Thence deflect left and run along said contour South 43°24’25” East a distance of 115.16 feet to an iron pin found.  Thence deflect left and run along said contour South 50°14’58” East a distance of 247.28 feet to an iron pin found.  Thence deflect right and run along said contour South 36°44’01” West a distance of 25.47 feet to an iron pin found.  Thence deflect right and run along said contour North 56°27’16” West a distance of 255.49 feet to an iron pin found.  Thence, deflect left and run along said contour North 66°58’19” West a distance of 139.78 feet to an iron pin found.  Thence deflect right and run along said contour North 54°31’34” West a distance 438.13 feet to an iron pin found.  Thence deflect left and depart from said contour and run South 86°19’45” West a distance of 65.65 feet to an iron found.  Thence deflect left and run South 45°25’25” East a distance of 203.74 feet to an iron pin found on the 509 contour of the H. Neely Henry reservoir.  Thence deflect right and run along said contour South 35°06’08” East a distance of 45.02 feet to an iron pin set.  Thence continue along said course a distance of 168.03feet to an iron pin found.  Thence deflect right and run North 51°48’20” West along said contour a distance of 447.23 feet to an iron pin found.  Thence deflect right and run along said contour North 42°23’42” East a distance of 44.62 feet to an iron pin set.  Thence deflect right, depart from said contour and run North 38°17’54” East a distance of 255.98 feet to an iron pin set on the Southwestern right-of-way of a proposed 60 foot roadway.  Thence deflect right and run South 66°58’25” East a distance of 142.44 feet to an iron pin set on the Southeast right-of-way of Meadow Lake Road.  Thence deflect left and run along said Southeastern right-of-way North 71°00’00” a distance of 35.04 feet to an iron pin set and the point of beginning. 

Said parcel being a portion of fraction “N”, Section 19, T-13-S, R-6-E, Etowah County, Alabama 

Tax Parcel #: 31-21-04-19-0-001-052.003

Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee.

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.

The 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; contact Joshua B. Sullivan at the phone number shown below prior to attendance at sale.

Nov 20, 27 & Dec 4, 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

The sale provided for hereinabove which was originally scheduled forNovember 10, 2015 was further postponed by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on December 14, 2015 at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.

  

Nov 27, 2015

______________

NOTICE TO

FILE CLAIMS

DEBBIE COLVIN appointed Personal Representative (s) on October 29, 2015 Estate of TAMMY LOUISE DEMPSEY, 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

Nov 13, 20 & 27, 2015

______________

NOTICE TO

FILE CLAIMS

RHONDA DARLING appointed Personal Representative (s) on October 6, 2015 Estate of CLYDE DANIEL LLOYD, 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

Nov 13, 20 & 27, 2015

______________

NOTICE TO

FILE CLAIMS

SHERRY A. COX appointed Personal Representative (s) on September 8, 2015 Estate of HUGH E. COX, 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

Nov 13, 20 & 27, 2015

______________

NOTICE TO

FILE CLAIMS

DANNY CLAYTON appointed Personal Representative (s) on October 28, 2015 Estate of J. LYNN BAILEY, 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

Nov 13, 20 & 27, 2015

______________

NOTICE TO

FILE CLAIMS

GREGORY EARL SMITH appointed Personal Representative (s) on October 20, 2015 Estate of MARGARET T. HEATH, 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

Nov 20, 27 & Dec 4, 2015

______________

NOTICE TO

FILE CLAIMS

AUBREY STARR appointed Personal Representative (s) on November 2, 2015 Estate of JOHNNY LARRY STARR, 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

Nov 20, 27 & Dec 4, 2015

______________

NOTICE TO

FILE CLAIMS

TONYA L. HOLLAWAY CRIDER appointed Personal Representative (s) on October 22, 2015 Estate of TERRY BUCHANAN, 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

Nov 20, 27 & Dec 4, 2015

______________

NOTICE TO

FILE CLAIMS

MELINDA JACKSON HARVEY appointed Personal Representative (s) on October 2, 2015 Estate of BRIAN TELLIS HARVEY, 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

Nov 20, 27 & Dec 4, 2015

______________

NOTICE TO

FILE CLAIMS

TOMMY L. WOFFORD appointed Personal Representative (s) on May 18, 2015 Estate of LEE WOFFORD, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

MARY SYBLE DUKE appointed Personal Representative (s) on October 14, 2015 Estate of PAUL DELANO DUKE, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

JOSEPH R. MCELROY appointed Personal Representative (s) on October 20, 2015 Estate of CHARLOTTE GILMER, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

MISTY TALTON HALE appointed Personal Representative (s) on November 2, 2015 Estate of BILLY A. TALTON, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

SALLIE CARSTARPHEN JONES appointed Personal Representative (s) on November 17, 2015 Estate of JOSEPH CARSTARPHEN, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

JERRY BRANCE WATSON appointed Personal Representative (s) on October 29, 2015 Estate of DIANA GAIL WATSON, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

TIM LAVENDER WILLIAMS appointed Personal Representative (s) on November 2, 2015 Estate of BARBARA LAVENDER WILLIAMS, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

PAMELA DENISE CHAMBLEE SIDES appointed Personal Representative (s) on November 17, 2015 Estate of VONDELL CHAMBLEE, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE TO

FILE CLAIMS

JANICE S. ADAMS AND KARL N. ADAMS appointed Personal Representative (s) on November 6, 2015 Estate of JAMES L. STEPHENS, 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

Nov 27, Dec 4 & 11, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to  STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, and TERRANCE L. TAYLOR, 921 EDGEWOOD DRIVE, 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, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1325 ALABAMA STREET in District 3 in the City of Gadsden, more particularly described as: 

Number Thirty-Four (34) in Block Number Two (2) in the Tallman Addition, according to the second survey thereof by T.W. Lister, C.E., in March 1903, according to the map thereof as recorded in Book of Town Plats “A”, Pages 258 and 259, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

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

     

Brian Harbison                                                  

BUILDING OFFICIAL          

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to GWENDOLYN ANNE MINK, 103 BODY STREET, GADSDEN, ALABAMA 35904,  believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 103 BODY STREET in District 7 in the City of Gadsden, more particularly described as: 

Lot Number Six (6) in Block Thirty (30) in the First Addition of Bellevue Highlands, according to the Totten and Woodruff Survey as recorded in Book of Town Plats “B”, beginning on page 286, in the Office of the Judge of Probate, and being in Etowah County, Alabama, together with 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

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to WALTER WAYNE RICE, SCOTTIE LEE RICE, and MICHAEL BERNARD RICE, 307 HOLIDAY STREET, 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, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1435 EAST BROAD STREET in District 1 in the City of Gadsden, more particularly described as: 

Lot Numbers Eight (8), Nine (9) and Ten (10), in Block Number One (1), in Pinehurst Second Addition, according to the map or plat thereof recorded in Plat Book “A”, Page 430, 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

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132 and VENETT TAYLOR KENDRICK, 1114 TUSCALOOSA AVENUE, 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, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 2221 FORREST AVENUE  in District 6 in the City of Gadsden, more particularly described as:

Lot Number Twenty-One (21) in Block Number Twenty-Three (23) in the Alford Addition to Alabama City,  according to the second survey thereof, as recorded in Plat Book “A”, Page 308, Probate Office, Etowah County, Alabama, and lying and being in Gadsden (formerly known as Alabama City), Etowah County, Alabama.

Should be assessed with a lien of $3,514.92   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

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to SPENCER THOMAS ESTATE, JAMES THOMAS STAPLES C/O LELA, THOMAS, 1010 S 12TH STREET, GADSDEN, ALABAMA 35901, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 926 AVENUE A in District 3 in the City of Gadsden, more particularly described as: 

West 9.5 feet of Lot 19 and East 29 feet of Lot 20 in Block 1 of Liddell Addition, according to the map thereof recorded in Plat Book A, Page 216, 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

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to TUSCACAL, LLC, 2084 VALLEYDALE ROAD, BIRMINGHAM, ALABAMA 35244, and MUTUAL SAVINGS CREDIT UNION, 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, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 817 WINDSOR STREET in District 1 in the City of Gadsden, more particularly described as: 

The North 100 feet of Lots thirteen (13) and fourteen (14) in Block “G”, in Oakview Addition, according to the map or plat thereof as recorded in Book of Town Plate “B”, page 337, in the Probate Office of Etowah County, Alabama and lying 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

Nov 27, 21015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to 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, DECEMBER 8, 2015  at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 319 8TH STREET S in District 4 in the City of Gadsden, more particularly described as: 

Lot Number Two (2) in Block Seven (7) of R.A. Griffin’s First Addition subdivision to East Gadsden, according to the map or plat thereof recorded in Plat Book “A”, Page 422, Probate Office, Etowah County, Alabama, 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

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to TERESA GILLEY, 1615 PIERCE AVENUE, GADSDEN, ALABAMA 35904, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 8, 2015 at 5:00  P.M., a hearing will be held to determine whether or not the structure or condition located at 1901 JEFFERSON STREET in District 5 in the City of Gadsden, more particularly described as: 

The West 60 feet Lot 11, Block 26 in Gadsden Realty Co.’s South Gadsden or Crescent Addition to Gadsden, Alabama, and lying and begin 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

Nov 27, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to HEIRS OF ROBERT CLEMENTS and DORA CLEMENTS,  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, DECEMBER 8, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 105 ALLEN STREET in District 1 in the City of Gadsden, more particularly described as: 

Lot Numbers Thirteen (13) and Fourteen (14) in Block Number One (1) in Pinehurtst Second Addition according to the map thereof recorded in Plat Book “A”, page 430, Probate Office, and lying and being in the City of 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

Nov 27, 2015

______________

RESOLUTION NO. R-479-15

Ordering Abatement of Nuisance

                                                                       

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

707 CLAIRE STREET in District 2 in the City of Gadsden, more particularly described as:

Lot Number Seven (7) in Block Number Three (3) in the Chadwick Sub-Division, according to the map thereof, as recorded in Plat Book “C”, Page 323, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

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 Thomas Dewayne Garmon, 

707 Claire Street;

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 November 17, 2015.

       

Iva Nelson, City Clerk              

Nov 27, 2015

______________

RESOLUTION NO. R-480-15

Ordering Abatement of Nuisance

                                                                       

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

506 POLK STREET in District 2 in the City of Gadsden, more particularly described as:

Lot Number 40 and 41 in Block Number 4, according to the Survey of Tommie Vinson Addition to East View, as recorded in Plat Book C, page 189, 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 Tuscacal, LLC, 2084 Valleydale Road, Birmingham, and Mutual Savings Credit Union, P.O. Box 362045, Birmingham;

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 November 17, 2015.

       

Iva Nelson, City Clerk              

Nov 27, 2015

______________

RESOLUTION NO. R-481-15

Ordering Abatement of Nuisance

                                                                       

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

1112 FOSTER AVENUE in District 5 in the City of Gadsden, more particularly described as:

A tract or parcel of land described as beginning at a point which is due West 50.54 feet from the Northwest corner of Lot No. 6 of Cusimano’s First Addition to Gadsden, recorded in Plat book “C”, Page 225, Probate Office, Etowah County, Alabama; thence from said point of beginning run South 8 degrees 52 minutes West, 64.5 feet along and parallel with Holly Street to a point; thence deflect right and run West, parallel with Foster Street, 52 feet to a point; thence deflect right and run North 8 degrees 52 minutes East, 64.5 feet parallel with Holly Street to the South Right-of-Way of Foster Street; thence deflect right and run East with and parallel to Holly Street 52 feet to the point of beginning, being the Northeast portion of a lot described in Deed book 1395, Page 3, 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 Ralph Willis and Linda Willis, 1014 Randall Street; Frontier Financial; Delta Discount Corporation; First Family Financial; and Great Eastern Financial Services, assigned to Green Tree Financial;

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 November 17, 2015.

       

Iva Nelson, City Clerk  

Nov 27, 2015            

______________

RESOLUTION NO. R-482-15

Ordering Abatement of Nuisance

                                                                       

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

1304 MAIN STREET in District 5 in the City of Gadsden, more particularly described as:

Lot Number 1, 2, 3, 4, 5, 6, and 7 in Block 3, in south Gadsden Addition, according to the map or plat thereof recorded in Plat Book “B”, Pages 314-315, 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 Larry Perkins, and Estate and Heirs of Jaunice Simer;

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 November 17, 2015.

       

Iva Nelson, City Clerk       

Nov 27, 2015       

______________

RESOLUTION NO. R-483-15

Ordering Abatement of Nuisance

                                                                       

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

418 MILLER STREET in District 6 in the City of Gadsden, more particularly described as:

Lot 3, block 10, West Point Addition, as recorded in Plat Book B Page 140, 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 Joe Simonton, 595 Marina Parkway, Pickensville;

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 November 17, 2015.

       

Iva Nelson, City Clerk    

Nov 27, 2015          

______________

RESOLUTION NO. R-484-15

Ordering Abatement of Nuisance

                                                                       

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

3704 TRENTON STREET in District 7 in the City of Gadsden, more particularly described as:

Lots 16, 17 in Block 2, in the M. Bailey Addition to Gadsden as recorded in Plat Book “A”, Page 415, 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 Johnny Lorian Moon, Javis Kyle Moon and Grant Moon, #1 Waters 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 November 17, 2015.

       

Iva Nelson, City Clerk      

Nov 27, 2015        

______________

LEGAL NOTICE

The Defendant, MICHAEL DAVID GRAY, being the father of the minor child, Brylon Dewayne Gray, whose whereabouts are unknown, must answer the Petition to Determine Dependency and Termination of Parental Rights of Father (hereinafter referred to as the “Petition”) which has been filed in this matter.  You must answer the Petition to Determine Dependency and Termination of Parental Rights of Father within fourteen (14) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case which could award custody of the minor child to the Petitioners and/or terminate your parental rights.  

KNOWLES & SULLIVAN, L.L.C. 

400 Broad Street 

Gadsden, Alabama 35901

256-547-7200

Nov 13, 20 & 27, 2015

______________

LEGAL NOTICE 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: S-7948

IN THE MATTER OF THE ESTATE OF JAMES WILLARD CHAMBERS

TO: David Chambers, Ty Chambers, and Allison Smalley:

NOTICE OF DAY SET FOR FINAL HEARING IN TH ESTATE OF JAMES WILLARD CHAMBERS

You will please take notice that a Petition for Final Settlement of the Estate of JAMES WILLARD CHAMBERS, was filed in the Probate Court of Etowah County by Petitioners, Brett Chambers and Malinda Chambers, and that the 19th day of January, 2015 at 10:30 a.m. was appointed a day and time for final hearing thereof, at which time you may appear and contest the same, fi you see proper.

Bobby M. Junkins

Judge of Probate

Mary K. Simmons

P. O. Box 1344

Gadsden, AL 35902

Nov 27, Dec 4 & 11, 2015

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NUMBER S-8741

IN THE MATTER OF THE ESTATE OF IDELLA ALEXANDER THORNTON, DECEASED.

To: Unknown Heirs of Idella Alexander Thornton, deceased, whose addresses are unknown.

You will hereby take notice on this day came Johnny H. Flenoir and produced to the Court a paper in writing purported to be the Last Will and Testament of Idella Alexander Thornton, deceased, and moves the Court to admit said will to Probate and record in this Court. You are hereby notified to be and appear before me, at my office in the Courthouse of Etowah County on the 5th day of January, 2016 at 11:30 a.m. when the Petition for Probate of the Last Will and Testament of Idella Alexander Thornton, deceased, will be considered and to show cause, if any you have, why that the purported Last Will and Testament of the decedent should not be admitted to Probate and record as the true Last Will and Testament of the decedent, Idella Alexander Thornton.

This the 18th day of November, 2015.

Bobby M. Junkins

Judge of Probate

Nov 27, Dec 4 & 11, 2015

______________

PUBLICATION ON

ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF ADOPTION OF: WILLIAM RODNEY LANCASTER AND MARY KIMBERLY LANCASTER

Notice to the known (biological mother) Deahna Faye Lancaster or undisclosed parent of B.D.L. a minor, whose address is also unknown or disclosed.

You will take notice that a Petition for the Adoption of B.D.L (born to Deahna Fay Lancaster natural mother) was filed on the 2nd day of November, 2016 Alleging that the identity of the natural parent of said minor child is unknown or has not been disclosed to the court, and whose relationship of said unknown or undisclosed natural parents to the aforesaid minor childbirth date is January, 20, 2014.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the last date of the last publication herein with WILLIE FLORENCE, SR: whose name and address is shown below, and with the clerk of the Probate Court of Etowah County, 800 Forrest Avenue Gadsden, AL 35901.

Done this 2nd day of November, 2015.

Bobby M. Junkins

Judge of Probate

Willie Florence SR.

300 Princeton Parkway SW

Birmingham, AL 35211

Nov 13, 20, 27 & Dec 4, 2015

______________

NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF ALAN PASS ADAMS

CASE NO. A-959; A-960

TO: Joseph Dewayne Feazell, whereabouts unknown

You will take notice to be and appear before me, at my office in the Courthouse of said County at 2:00 p.m. on the 9th day of December, 2015, when the Petition for Leave to Adopt the minor children born to Sandra Adelle Adams, whose dates of birth are February 2, 2001 and May 7, 1999, filed by Alan Pass Adams, will be considered, and show, if anything you have to allege, why said Petition should not be granted. Please be advised that should you wish to contest this Petition prior to the date listed above, you must file a written response within thirty (30) days of the date of the last publication herein with Haley K. Tucker, whose name and address are shown below, and with the Clerk of the Probate Court of Etowah County, Alabama P. O. Box 187, Gadsden, AL 35902.

Bobby M. Junkins

Judge of Probate

Haley K. Tucker

1031 Forrest Avenue

Gadsden, AL 354901.

Nov 13, 20 & 27, 2015

______________

NOTICE OF

PUBLICATION

IN THE MATTER OF THE ADOPTION PETITION OF:

DAVID G. FULLER, JR.

NOTICE TO: BONITA GAIL THOMAS STRAWN, MOTHER, ADDRESS UNKNOWN.

NOTICE TO: TED BRENT WARD, FATHER, ADDRESS UNKNOWN.

You will hereby take notice that a Petition for the Adoption of a minor child unto Bonita Gail Thomas Strawn, mother, and Ted Brent Ward, natural father, set to be heard on the 12th day of January, 2016, filed on the 4th day of November, 2015, alleging that the natural mothers and natural fathers whereabouts are unknown and the minor child’s birth date is January 24, 1998.

Please be advised that if you intended to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Mary K. Simmons, whose name and addresses are shown below and with the Clerk of said Probate Court.

Mary K. Simmons

P. O. Box 1344

Gadsden, AL 35902

256-546-0500

Bobby M. Junkins

Judge of Probate

Nov 13, 20, 27 & Dec 4, 2015     

______________

PUBLICATION ON ADOPTION

STATE OF ALABAMA, COUNTY OF ETOWAH

IN THE PROBATE COURT OF ETOWAH COUNTY, 

IN THE MATTER OF THE ADOPTION PETITION OF EARL J. BLAIR & SHARON E. BLAIR

A-486; A-487

You will take notice that a Petition for the Adoption of a child born to Gloria Mendez (Natural Mother), and Juan Ruiz (Natural Father) set to be heard on January 20, 2016 at 10:00 a.m., was filed on the 21st day of October, 2011, alleging that the whereabouts of the natural parents of said minor children are unknown and has not been disclosed to the court. The minor children’s birth dates are 3-9-08 and 3-2-06.

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 Clark Hall whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Al 35901.

DONE this the 16th day of November, 2015.

Clark Hall, Esq.

750 Forrest Avenue

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Nov 20, 27, Dec 4 & 11, 2015

______________

NOTICE OF

PUBLICATION

NOTICE TO UNKNOWN FATHER, ADDRESS UNKNOWN

CASE NO: A-963

You will take  notice that a Petition for the Adoption of a minor child born unto ERIKA RENEE WILLINGHAM, natural mother, set to be heard on January 20, 2016 at 10:30 a.m. filed on the 3rd day of November, 2015, alleging that the whereabouts of the natural father, Unknown, is unknown. Minor child’s birth date is: 9-18-2012.

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 Tammy W. Parris, 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.

Tammy Watkins Parris, Esq.

945 Chestnut Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Nov 27, Dec 4, 11 & 18, 2015

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NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: S-8718

IN THE MATTER OF THE ESTATE OF LURA PERKINS MAGBEE, DECEASED.

TO: Betty Faulkner, Clinton Franklin Boyd, Karen Sue Boyd, Sherri Jean Brokaw, Robert Wayne Boyd, and Linda Dianne Danna

You will hereby take notice that on this day came Josephine O’Dell and produced to the Court a paper in writing purporting to be a copy of the Last Will and Testament of Lura Perkins Magbee, deceased, and petitions the Court to admit the said Will to probate and record as the Last Will and Testament of the said deceased.

You are notified to be and appear before me, at my office in the Etowah County Courthouse located at 801 Forrest Avenue, Gadsden, Alabama at 2:30 o’clock p.m., on the 17th day of December, 2015, when the petition will be considered, and show, if anything you have to allege, why said paper in writing should not be admitted to probate and record, as the true Last Will and Testament of said decedent.

Ordered on this the 13th day of November, 2015.

Bobby M. Junkins

Judge of Probate

Nov 27, Dec 4 & 11, 2015

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NOTICE OF

ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF CATHY L. LAWSON AND KENT ALAN LAWSON

Case No. A927

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the Adoption of a child born April Lankford Strickland (natural mother) has been filed by Cathy L. Lawson and Kent Alan Lawson, set to be heard on the 16th day of December, 2015, at 10:30 o’clock a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor child’s birth date is October 10, 2012.

Please be advised that if you intended to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with counsel for said Petitioner, whose name and addresses are shown below and with the Clerk of said Probate Court.

Done this 27th day of October, 2015.

Bobby M. Junkins

Judge of Probate

Shannon L. Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, Al 35901

256-543-7610

Nov 6, 13, 20 & 27, 2015

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NOTICE OF

ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF RICKY ROBERTS AND DEBBIE ROBERTS

Case No. A955

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the Adoption of a child born Payton Tansley Washburn Walker (Natural Mother), has been filed by Ricky Roberts and Debbie Roberts, set to be heard on the 16th day of December, 2015, at 10:30 o’clock a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor child’s birth date is October 10, 2012.

Please be advised that if you intended to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with counsel for said Petitioner, whose name and addresses are shown below and with the Clerk of said Probate Court.

Done this 27th day of October, 2015.

Bobby M. Junkins

Judge of Probate

Shannon L. Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, Al 35901

256-543-7610

Nov 6, 13, 20 & 27, 2015

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NOTICE OF

PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

BANK OF THE WEST,

Plaintiff,

vs. Civil Action No.: CV 2015-900794

VICKIE D. ROBINSON GORD, et al.

Defendants.

  

TO: Omatine Robinson, and their heirs or devisees, if deceased, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.

 

You are hereby notified that on the 13th day of October, 2015, a complaint to quiet title in rem was filed in the Circuit Court of Etowah County, Alabama, and the following are the names of all parties to the action: Bank of the West; Vickie D. Robinson Gord; Capital One Bank; Palisades Collection, LLC; Ruiz Neurosurgery Clinic; the Unknown Heirs of Omatine Robinson; State of Alabama Department of Revenue; and Fictitious Defendants A-Z;  

and their heirs or devisees, if deceased, whose whereabouts are unknown and which cannot be ascertained after the exercise of due diligence, and who are believed to claim some right, title, interest or claim in and to the property described on Exhibit A which is attached hereto and incorporated herein as if set out in full.

 

All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, demur or otherwise respond to the Complaint on or before the 28th day of December , 2015, else at the expiration of 30 days thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.

Cassandra Johnson

Clerk of the Circuit Court of 

Etowah County, Alabama

Joshua B. White

Stephens Millirons, PC

Post Office Box 307

Huntsville, Alabama 35804

EXHIBIT A

Lot 8, Block 1 of Tuckahoe Terrace, as found of record in Plat Book “E”, Page 211 in the Probate Office of Etowah County, Alabama.

Nov 6, 13, 20 & 27, 2015

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NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on January 4, 2016 for charges due.

2003 Honda Accord VIN# 1HGCM566 13A0 1176

Snell Towing

2907 Ashley Street

Gadsden, AL 35904

Nov 27 & Dec 4, 2015

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