Legal notices for the week of Feb. 5-12, 2016

February 5, 2016 chris
Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Bonita Moore, an unmarried woman, to ASSOCIATES FINANCIAL SERVICES COMPANY OF ALABAMA, INC., on October 8, 1997, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 1997, Page 282; and subsequently transferred to CitiMortgage, Inc. successor by merger to CitiFinancial Mortgage Company, Inc.; and subsequently transferred  to Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC its trustee; Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC its trustee, 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 February 11, 2016, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Eight (8) and a part of Lot Number Nine (9) described as beginning at the Southeast corner of Lot 8 and run 10 feet East along Mountain Brook Drive to a point; thence deflect left and run 168 feet in a straight line to the Northeast corner of said Lot 8; thence deflect left and run 167.8 feet with the East line of said Lot 8 to the point of beginning, all in Block Number Ten (10) of Mountain Brook Addition Number Three (3), as recorded in Plat Book “E”, pages 80 and 81, in the Probate Office of Etowah County, Alabama, subject to restrictions as shown in Book “388”, page 275, and reservation of minerals as shown in Book “M“, page 394, said Probate Office.

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

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 part of the foreclosure process.

Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC its trustee

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Jan 22, 29 & Feb 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by James David Harris and wife, Stacy M. Harris, to Family Savings Credit Union on the January 3, 2013, said mortgage being recorded at Instrument #3379395, 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 February 15, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

All that part of the SW1/4 of the NE1/4 of Section 23, Township 11, Range 3 East of the Huntsville Meridian, Etowah County, Alabama, more particularly described as follows:  Commencing at the Southwest corner of the SW ¼ of the NE ¼ of Section 23; thence run a tie line North 01 degree 35 minutes West 240.24 feet to the true point of beginning; thence from the true point of beginning North 01 degree 35 minutes West 334.46 feet to the Gadsden-Blountsville Road; thence along the South margin of said road North 84 degrees 48 minutes East 200.50 feet; thence leaving said road South 01 degree 35 minutes East 161.00 feet; thence North 88 degrees 25 minutes East 14.00 feet; thence South 01 degree 35 minutes East 69.10 feet; thence South 59 degrees 45 minutes West 243.89 feet to the point of beginning.

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

Family Savings Credit Union

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

Jan 22, 29 & Feb 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 8, 2005, executed by Harold Kenneth McClellan and Lori A. McClellan, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Southeastern Financial, Inc., which mortgage was recorded on July 11, 2005, in Doc # M-2005-2855, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing LLC, 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 March 1, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots 4, 5 and the South 1/2 of Lot 6, save and except the West 20 feet embraced within a dedicated street, in Block E of the Sims Addition to Glencoe, according to the map or plat thereof recorded in Plat Book C, Page 227, Probate Office, Etowah County, Alabama, and lying and being in Glencoe, Etowah County, Alabama.

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

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.

Ditech Financial LLC f/k/a Green Tree Servicing LLC

Transferee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, AL 35804

Attorney for Mortgagee

Jan 22, 29 & Feb 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by George A. Ferber and Lillian J. Ferber, husband and wife to Mortgage Electronic Registrations Systems, Inc., (MERS) acting solely as nominee for Lender, AFS Financial, Inc. and Lender’s successors and assigns dated November 5, 2004, and Recorded in Doc# M-2004-4962 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to LPP Mortgage, LTD by instrument recorded in Instrument Number 3313265 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 the February 25, 2016, 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: 

LOT NUMBER FORTY-SIX (46), 3RD ADDITION TO GREEN MOUNTAIN LAKE HOMES, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK “I”, PAGE 55, PROBATE OFFICE, ETOWAH COUNTY, LYING AND BEING IN SOUTHSIDE, ALABAMA.

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 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.

LPP Mortgage, LTD

Mortgagee 

Beth McFadden Rouse

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

718 Downtowner Blvd.

Mobile, AL  36609

Jan 22, 29 & Feb 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Kimberly Anderson Pitts Wife And Clay Pitts Husband to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Hamilton Mortgage Corporation dated October 20, 2006; said mortgage being recorded in Instrument No. 3257858  in the Office of the Judge of Probate of Etowah County, Alabama.  Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage, LLC in Instrument 3394119 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Nationstar Mortgage 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 before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 3rd day of March, 2016 the following property, situated in Etowah County, Alabama, to-wit:

A  part of  the  Northeast Quarter (NE 1/4) of  the  Northwest Quarter (NW 1/4) of  Section Eleven (11), Township Twelve (12) South, Range Four (4) East, Etowah County, Alabama, more particularly described as follows: From the  Southeast corner of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of  said  Section Eleven (11); thence  West , 663.93 feet; thence North  57 degrees  49 minutes  55 seconds  West, 459.90 feet; thence South  51 degrees 45 minutes 02 seconds West,  22.89 feet; thence  North  88  degrees 04  minutes 28  seconds   West, 10.19 feet; thence South 35 degrees 23 minutes West, 62.90 feet; thence South 82 degrees 30 minutes 23 seconds West, 80.48 feet; thence North 86 degrees 39 minutes 25 seconds West, 27.86 feet; thence North 29 degrees 07  minutes 38 seconds West, 104.55 feet; thence North 43  degrees 14 minutes 27 seconds West, 106.91 feet  to a pipe set  and the point of beginning;thence North 23 degrees 35 minutes 50 seconds West, 98.43 feet; thence South  85 degrees 09 minutes 44 seconds West; 89.69 feet to a pipe set in a ditch; thence South 01 degree 37  minutes 02 seconds West along said ditch, 59.01 feet; thence South 14 degrees 30 minutes 42  seconds East along said ditch, 37.56 feet; thence South 08 degrees 49 minutes 58 seconds West along said ditch, 81.87 feet; thence South 08  degrees 56  minutes 30  seconds East along said  ditch, 69.06 feet to a pipe set  on the northeast margin of  Randall Road; thence South 27 degrees 19 minutes 31 seconds East  along said  margin, 40.07 feet  to a pipe  set;  thence leaving said  margin, run North 08 degrees 01 minute 30 seconds East, 101.99 feet; thence North 16 degrees 54  minutes 50  seconds East, 22.63 feet; thence North 23 degrees 15  minutes 40  seconds East, 11.12 feet; thence North 39 degrees 29  minutes 03  seconds East, 8.53 feet; thence North 48 degrees 54 minutes 29 seconds East, 20.19 feet; thence North 58 degrees 21 minutes 05 seconds East, 38.10 feet; thence North 55  degrees 25  minutes 57  seconds East, 16.35 feet to the point of beginning. Containing 0.43 acres more or less.  Also a 15 foot Wide easement described as follows: A part  of  the  Northeast Quarter (NE 1/4) of the  Northwest Quarter (NW 1/4)) of  Section Eleven (11), Township Twelve (12)  South, Range Four  (4) East,  Etowah County, Alabama, more particularly described as  follows: From  the  Southeast corner of  the Northwest Quarter (NW 1/4)  of  the Northeast Quarter (NE 1/4) of said Section Eleven (11); thence West, 663.93 feet, thence North 57 degrees 49 minutes 55 seconds West, 459.90 feet; thence South 51 degrees 45 minutes 02 seconds West, 22.89 feet; thence  North  88  degrees 04  minutes 28  seconds West, 10.19 feet; thence South 35  degrees 23 minutes West, 62.90 feet; thence South 82 degrees 30 minutes 23 seconds West, 80.48 feet; thence North 86 degrees 39 minutes 25 seconds West, 27.86 feet; thence North 29 degrees 07 minutes 38 seconds West, 104.55 feet; thence  North 43 degrees 14 minutes 27 seconds West, 106.91 feet; thence North  23  degrees  35  minutes 50  seconds  West, 98.43  feet;  thence South 85  degrees 09  minutes 44 seconds West, 89.69 feet to a pipe  set and the point  of beginning; thence South 01 degree 37 minutes 02 seconds West, 59.10 feet; thence South 14 degrees 30 minutes 42 seconds East, 37.56 feet, thence South 08 degrees 49 minutes 58 seconds West,  81.87 feet;  thence South 08  degrees 56 minutes 30  seconds East,  69.06 feet  to the  point of  ending. Said easement extending 15 feet  left  of  and  parallel to the above described line. Said 15 foot easement to extend from the point of beginning to the northeast margin of Randall Road.

Said property is commonly known as 136 Randall Rd, Gallant, AL 35972.

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

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

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.

NATIONSTAR MORTGAGE LLC

as holder of said mortgage

McCalla Raymer, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 949814

www.foreclosurehotline.net

Jan 29, Feb 5 & 12, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Manuel E. Rivas, a married man and Catherine Rivas, a married woman, originally in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for Integrity Mortgage LLC, on the 6th day of March, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3267475; the undersigned JPMorgan Chase Bank, N.A.., S/B/M Chase Home Finance LLC, 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 March 14, 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 1: For a tract or parcel of land commence at the Northeast corner of the Northeast Quarter of the Northwest Quarter in Section 29, and from thence run in a Westerly direction and along the North line of said forty a distance of 129 feet to a point; thence in a Southerly direction and parallel with the East line of said forty a distance of 688 two fifths feet to a point which is the Point of Beginning to describe the hereinafter tract or parcel; thence continue in a Southerly direction and parallel with the East line of said forty a distance of 107 four fifths feet to a point; thence in a Westerly direction and parallel with the North line of said forty a distance of 416 feet to a point; thence in a Northerly direction and parallel with the East line of said forty a distance of 107 four fifths feet to a point; thence in an Easterly direction and parallel with the North line of said forty a distance of 416 feet to the Point of Beginning, said description embracing a portion of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) in Section Twenty-nine (29), Township Twelve (12) South, Range Six (6) East of Huntsville Meridian, in Rainbow City, Etowah County, Alabama, subject to public roads as are now located over, through or across the same.

Parcel 2: For a tract or parcel of land commence at the Northeast corner of the Northeast Quarter of the Northwest Quarter in Section 29, and from thence run in a Westerly direction and along the North line of said forty a distance of 129 feet to a point; thence in a Southerly direction and parallel with the East line of said forty a distance of 580 three fifths feet to a point which is the Point of Beginning to describe the hereinafter tract or parcel; thence continue in a Southerly direction and parallel with the East line of said forty a distance of 107 four fifths feet to a point; thence in a Westerly direction and parallel with the North line of said forty a distance of 416 feet to a point; thence in a Northerly direction and parallel with the East line of said forty a distance of 107 four fifths feet to a point; thence in an Easterly direction and parallel with the North line of said forty a distance of 416 feet to the Point of Beginning, said description embracing a portion of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) in Section Twenty-nine (29), Township Twelve (12) South, Range Six (6) East of Huntsville Meridian, in Rainbow City, Etowah County, Alabama, subject to public roads as are now located over, through or across the same. 

Parcel 3: For a tract or parcel of land commence at the Northeast corner of the Northeast Quarter of the Northwest Quarter in Section 29, and from thence run in a Westerly direction and along the North line of said forty a distance of 129 feet to a point; thence in a Southerly direction and parallel with the East line of said forty a distance of 472 four fifths feet to a point which is the Point of Beginning to describe the hereinafter tract or parcel; thence continue in a Southerly direction and parallel with the East line of said forty a distance of 107 four fifths feet to a point; thence in a Westerly direction and parallel with the North line of said forty a distance of 416 feet to a point; thence in a Northerly direction and parallel with the East line of said forty a distance of 107 four fifths feet to a point; thence in an Easterly direction and parallel with the North line of said forty a distance of 416 feet to the Point of Beginning, said description embracing a portion of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) in Section Twenty-nine (29), Township Twelve (12) South, Range Six (6) East of Huntsville Meridian, in Rainbow City, Etowah County, Alabama, subject to public roads as are now located over, through or across the same.

Property street address for informational purposes:  504 Hollingsworth Ave, Rainbow City, AL 35906

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.

JPMorgan Chase Bank, N.A.., S/B/M Chase Home Finance LLC, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

151187

Jan 29, Feb 5 & 12, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Thomas P. Lay, single, originally in favor of Equipoint Financial Network, Inc., on the 29th day of September, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3302385; the undersigned James B Nutter & Company, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on March 14, 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:

Lots Number Thirteen (13) and Fifteen (15) in the J.H. Lay Subdivision as the same appears of record in Plat Book “F”, Page 167, Probate Office of Etowah County, Alabama.

Property street address for informational purposes:  117 Highland Street, Glencoe, AL 35905

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.

James B. Nutter & Company, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

366471

Jan 29, Feb 5 & 12, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 15, 2007, executed by Francine P. Wilson, a single woman, to CitiFinancial Corporation, LLC, which mortgage was recorded on June 18, 2007, in Instrument No. 3273345, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, 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 March 22, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Parcel One:

Beginning at the intersection of the Gadsden-Piedmont Highway and the East boundary line of the Southwest Quarter (SW 1/4 ) of the Northwest Quarter (NW 1/4 ) of Section 25, Township 12, Range 8 and thence running in a Northwesterly direction along the Northeast side of said highway a distance of 209 feet; thence in a Northerly direction to the North boundary line of said quarter section; thence in an Easterly direction to the Northeast corner of said quarter section; then in a Southerly direction to the Northeast side of said Gadsden-Piedmont Highway to the point of beginning said tract of land lying in the SW 1/4  of the NW 1/4  of Section 25, Township 12 South, Range 8 East, in Etowah County, Alabama.

Parcel Two:

Beginning at a point on the North side of the Piedmont-Gadsden Public Highway, which point is 209 feet from the point where the North side of said highway intersects the East line of to the SW 1/4  of the NW 1/4 measured along the North side of said highway; thence in a Northerly direction and parallel to the East side of said forty a distance of 209 feet, more or less, to a point on the North line of said forty; thence in a Westerly direction along the North line of said forty, a distance of 180 feet, more or less, to a branch; thence along the center of said branch to the North side of said highway; thence along the North side of said highway a distance of 180 feet, more or less, to the point of beginning, said land herein conveyed being a part of the SW 1/4 of the NW 1/4 of Section Twenty-Five (25), Township Twelve (12) South, Range Eight (8) East in Etowah County, Alabama together with all improvements located thereon.

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

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.

CitiFinancial Servicing LLC, a Delaware limited liability company, successor by merger to CitiFinancial Corporation, LLC, a Delaware limited liability company 

Mortgagee

Robert J. Wermuth/anp

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Feb 5, 12 & 19, 2016

 ­­­_____________

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.

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 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.

The sale provided for hereinabove which was originally scheduled for November 10, 2015 was further postponed to December 14, 2015; and 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 February 29, 2016  at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.

 

USAA Federal Savings Bank

Mortgagee 

Beth McFadden Rouse

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

718 Downtowner Blvd.

Mobile, AL  36609

Feb 5, 2016

______________

NOTICE TO

FILE CLAIMS

THOMAS G. JONES appointed Personal Representative (s) on January 5, 2016 Estate of JAMES R. 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

Jan 22, 29 & Feb 5, 2016

______________

NOTICE TO

FILE CLAIMS

JAN FREEMAN PROCTOR WHITT appointed Personal Representative (s) on January 12, 2016 Estate of KENNY MELTON WHITT, 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

Jan 29, Feb 5 & 12, 2016

______________

NOTICE TO

FILE CLAIMS

SANDRA ANN BROOKS appointed Personal Representative (s) on January 12, 2016 Estate of SAMUEL HARRISON BROOKS, 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

Jan 29, Feb 5 & 12, 2016

______________

NOTICE TO

FILE CLAIMS

BRENDA PACKER BASKIN appointed Personal Representative (s) on January 8, 2016 Estate of JAMES EMMETT PARKER, 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

Jan 29, Feb 5 & 12, 2016

______________

NOTICE TO

FILE CLAIMS

TAMMY PROFFITT appointed Personal Representative (s) on January 19, 2016 Estate of JOHN STEPHEN PROFFITT, III, 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

Jan 29, Feb 5 & 12, 2016

______________

NOTICE TO

FILE CLAIMS

DAVID LIVINGSTON appointed Personal Representative (s) on January 19, 2016 Estate of HAZEL P. OLIVER, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

ALLYSON LONG TYLER appointed Personal Representative (s) on January 15, 2016 Estate of ANNIE RUTH LONG, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

WILMA SUE BUNTON CROMER appointed Personal Representative (s) on January 3, 2016 Estate of PENNIE B. TATE, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

BRADLEY D. BUCKELEW AND MELINDA MACKEY appointed Personal Representative (s) on January 13, 2016 Estate of CALDWELL M. BUCKELEW, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

KENNETH F. BENTLEY appointed Personal Representative (s) on January 15, 2016 Estate of KATHERINE G. BENTLEY, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

JAMES D. ROHR appointed Personal Representative (s) on January 14, 2016 Estate of GERTRUDE ROHR, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

PHILLIP CHRISTIAN appointed Personal Representative (s) on December 16, 2015 Estate of ELLISON KENNETH CHRISTIAN, 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

Feb 4, 11 & 18, 2016

______________

NOTICE TO

FILE CLAIMS

CHAUNTA WILLIAMS appointed Personal Representative (s) on January 6, 2016 Estate of MARY L. FONTAINE, 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

Feb 4, 11 & 18, 2016

______________

RESOLUTION NO. R-33-16

Ordering Abatement of Nuisance 

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

602 SPRING STREET in District 3 in the City of Gadsden, more particularly described as:

The South ½ of Lots Number 5, 6, and 7, Block Number 10, Ward’s Addition, as recorded in Plat Book B, Page 53, 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 Charles J. Johnson, 789 Macdonough Street, Apartment G, Brooklyn, NY;

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 January 26, 2016.

       

Iva Nelson, City Clerk        

Feb 5, 2016       

______________

RESOLUTION NO. R-34-16

Ordering Abatement of Nuisance                                                      

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

405 S 11TH STREET in District 5 in the City of Gadsden, more particularly described as:

A tract of land which begins at the Southeast corner of Lot #2, Block #12 of the Gadsden Land Improvement Company Subdivision; thence from said point of beginning run Northerly along the East line of said Lot 2 a distance of 41 feet to a point; thence deflect left and run 120 feet in a straight line to the West side of Lot 4, Block 12 of said subdivision which said point is 56.1 feet Northerly, measured from the Southwest corner of said Lot 4, thence deflect left and run southerly along said West line of Lot 4 to the Southwest corner thereof; thence deflect Left and run a distance of 115.7 feet along the South side of Lots 4 and 2 to the point of beginning; said parcel being the South portion of Lots 2 and 4, block 12, of the Gadsden Land & Improvement Company subdivision, as recorded in Plat book “A”, Page 23, of the Etowah County, records, Gadsden, Alabama. 

is a nuisance and ordered its abatement; and

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

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 January 26, 2016.

       

Iva Nelson, City Clerk    

Feb 5, 2016         

______________

RESOLUTION NO. R-35-16

Ordering Abatement of Nuisance                                                         

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

908 S 15TH STREET in District 5 in the City of Gadsden, more particularly described as:

Lot 5, Block 1, Woodlawn Addition, according to the map recorded in Plat Book A, Page 15, in the office of the Probate Judge of Etowah County, 

Alabama; situated in Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Irene F. Latson, 1210 SE 18th Terrace, Gainesville, FL;

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 January 26, 2016.

       

Iva Nelson, City Clerk              

Feb 5, 2016

______________

RESOLUTION NO. R-36-16

Ordering Abatement of Nuisance                                                          

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

1607 BLOUNT AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Number Seven (7) and those portions of Lots Numbers Nine (9) and Eleven (11), lying Northeast of Eleventh Street Road in Block Number Four (4) in the Steel Plant Addition to Alabama City, according to the map thereof recorded in Plat Book “A”, pages 274 and 275, Probate Office, together with all improvements located thereon, and lying and being in Gadsden, Etowah County, Alabama, and being subject to Public Road or Roads, if any, as now located over, through or across 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 Matthew D. Arp and Jerome Dean Arp, 1607 Blount 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 January 26, 2016.

Iva Nelson, City Clerk        

Feb 5, 2016      

______________

RESOLUTION NO. R-37-16

Ordering Abatement of Nuisance                                                    

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

909 NORTH 36TH STREET in District 7 in the City of Gadsden, more particularly described as:

Lot Number Four (4) in Block Number One (1) in Sam Bailey’s Second Addition to Alabama City, Alabama, according to the map thereof as recorded in Plat book “A”, Page 445, 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, the heirs of Aline Summerville, as follows:  William Edgar Summerville, son, 414 N 25th Street, Danny Summerville, grandson, 2958 Thomas Road, Bowling Green, FL, and Johnny Summerville, grandson, 2958 Thomas Road, Bowling Green, FL;

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 January 26, 2016.  

Iva Nelson, City Clerk          

Feb 5, 2016                                  ______________

NOTICE OF

PUBLIC

HEARING

The City of Attalla will hold public hearings to discuss remedies for nuisance/abatement cases that will come before the Attalla City Council on February 15, 2016 at City Hall at 5:00 p.m., located at 612 4th Street NW, Attalla, Alabama. The following addresses will be discussed.

101 Marshall St.

815 Bain Ave.

326 5th Ave. NW.

408 4th St. NW

410 4th St. NW

412 4th St. NW

414 4th St. NW

416 4th St. NW

Jan 29, Feb 5, 2016

______________

NOTICE OF CIVIL

ACTION

TO QUIET TITLE TO REAL PROPERTY

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

KEVIN PHILLIPS

PLAINTIFF,

V.

CIVIL ACTION NO.  CV-2015-168-WAM

G. GWENDOLYN CRAIG and ANY AND ALL UNKNOWN PARTIES, including any persons claiming any present interest therein and including any persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above describe property,

DEFENDANTS.

Notice is issued to the following defendants: any and all unknown parties, including any persons claiming any present interest therein and including any persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above described real property.

LT 100×200 BEING PT TRACT 5 MARK H SMITH LANDS PLAT C-321-4-13-6, being more particularly described in Instrument Number 3269605, Probate Office, Etowah County, Alabama as follows: Commence at an existing ½” rebar on the centerline of Hall Drive (40’R/W) at the southwest corner of Tract #5 of the Mark H. Smith Lands as recorded in Plot Book “C”, Page 321, Etowah County Probate Office, also being the Southwest corner of NW ¼ of the SW 1/4, Section 4, T-13-S, R-6-East of the Huntsville Meridian and run Northeasterly, 348.51 feet to an existing pinch-pipe at the intersection of the North R/W of Hall Drive with the East R/W of Anchor Lake Road (40’R/W); thence deflect 03 degrees 36 minutes 26 seconds right and run Easterly along said North R/W 100.00 feet to an existing pinch-pipe and the point of beginning of the property described herein; thence continue Easterly along said North R/W, 110.00 feet to an existing ½” pipe; thence deflect 102 degrees 19 minutes 10 seconds left leaving said R/W and run Northwesterly, 203.72 feet to an existing ½” pipe; thence deflect 77 degrees 19 minutes 04 seconds left and run Westerly, 75.00 feet to an existing ½” pipe; thence deflect 92 degrees 47 minutes 38 seconds left and run Southerly 199.68 feet to the point of beginning.  Said property being a portion of Tract 5; Mark H. Smith Lands and a portion of the NW ¼ of the SW ¼, Section 4, T-13-S, R-6-E, Etowah county, Alabama.

Please take notice that Kevin Phillips has filed an action in the Circuit Court of Etowah County seeking to quiet title to the above described property.  The above named defendants, whose whereabouts are unknown, must answer said Complaint on or before March 4, 2016, of thereafter a judgment by default may be rendered against the said Defendants in Etowah County Circuit Court Case Number CV-2015-000168.00.

DONE this 25 day of January, 2016.

Cassandra Johnson

Circuit Clerk

Todd L. Frederick

Turnbach, Warren, Rice, Lloyd,

Frederick & Smith P.C.

Attorneys for Plaintiff

P.O. Box 129

Gadsden, AL 35902

Feb 05, 12, 19, and 26, 2016

______________LEGAL NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: DR-2015-900421.00

AMY SUZANNE LOFTIS,

PLAINTIFF

VS.

CHRISTOPHER EDWARD LOFTIS,

DEFENDANT

You will take notice that a complaint in the above styled action seeking a divorce and sole custody of minor children was filed against you in the Etowah County Circuit Court on October 30, 2015, Case No. DR-2015-900421.00 and that by reason of an order for service of summons by publication entered by this Court on December 29, 2015.

Please be advised that should you intend to contest this petition, you must file a written response within thirty (30) days of the date of the last publication herein with Emily Hawk Mills, whose name and address is shown below, and with the Clerk of the Circuit Court of Etowah County, Alabama, 801 Forrest Avenue, Suite 202 Gadsden, AL 35901

Emily Hawk Mills

Cusimano, Roberts & Mills, LLC

153 S 9th Street

Gadsden, AL 35901

Cassandra Johnson

Circuit Clerk

Jan 29, Feb 5, 12 & 19, 2016      

______________

A BILL

TO BE

 ENTITLED

AN ACT

State of Alabama

County of Etowah

NOTICE is hereby given that a bill substantially as follows will be introduced in the 2016 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made: 

Relating to the City of Rainbow City in Etowah County; to authorize an election to determine whether alcoholic beverages may be sold or dispensed on Sunday by properly licensed retail licensees serving the general public within the city.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only to the City of Rainbow City in Etowah County.

Section 2. (a) The voters of the City of Rainbow City may authorize the sale of alcoholic beverages within the municipality of Sunday by an election pursuant to this act, in the following manner:

The governing body of the City of Rainbow City, by resolution, may call an election for the municipality to determine the sentiment of the voters of the municipality residing within the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed on Sunday within the municipality.

(b) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality, on Sunday between 1:00 P.M. and 9:30 P.M. and on those Sundays on which occurs New Year’s Eve (December 31), after 1:00 P.M.? Yes_ No_.”

(c) The election shall be held and the officers appointed to hold the election in the manner provided by law for holding other municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal elections. Any Sunday sales election shall be held as provided in this act as a special election or at any subsequent municipal election following the date of the resolution.

(d) Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the city hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the municipality on Sunday. The cost of the election shall be paid out of the general fund of the municipality. 

(e) Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote “Yes,” alcoholic beverages can be legally sold or dispensed within the corporate limits of the municipality on Sunday by licenses of the Alcoholic Beverage Control Board of Rainbow City serving the general public in accordance with the applicable laws and regulations between the hours of 1:00 P.M. and 9:30 P.M. Except as authorized by law or during such hours, it shall be unlawful for any licensed vendor to sell, dispense, or permit the consumption of alcoholic beverages on Sunday. Provided that those Sundays on which occur New Year’s Eve, December 31, alcoholic beverages may be sold or dispensed by such licensees pursuant to applicable laws and regulation any time after 1:00 P.M. The municipality may enact, by ordinance, such policies it deems appropriate to regulate any aspect or Sunday alcoholic beverage sales.

(f) If a majority of the voters voting in the municipal election vote “No,” alcoholic beverages may not be sold or dispensed in the municipality on Sunday after the hour of 2:00 A.M., except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday.

Section 3. The provisions of this act are cumulative and supplemental to the present power and authority of the City of Rainbow City and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the City of Rainbow City now permitted under the general laws of the state, or under any local or special act of Legislature.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Jan 22, 29, Feb 5 & 12, 2016

______________Etowah County Personnel

Department

The Etowah County Commission is accepting resumes for the position of Personnel Director. This is a management position with responsibility for all personnel (HR) functions, also including payroll and benefits management for 325+ employees. The Director will also act as the secretary for the Etowah County Personnel Board and Sheriff Department Personnel Board. This Position reports to the Chief Administrative Officer.

The minimum qualifications are:

A BS Degree in Human Resources or Business Administration with a minimum of 5 years of experience or 10 years of experience in the Personnel (HR) field with 4 or more of those years as a manager of an HR Department with 100 or more employees.

Knowledge of Federal and State Labor Laws.

Resident of Etowah County or acquire residency within 6 months of h ire.

Salary is negotiable.

Anyone who meets the minimum qualifications can submit a resume to the Etowah County Personnel Department no later than February 8, 2016.

Etowah County Personnel Department

Attention: Sherrie Y. Kelley CAO

800 Forrest Avenue

Suite 207

Gadsden, AL 35901

Sykelley@etowahcounty.org

Etowah County is an equal opportunity employer and does not discriminate against otherwise qualified applicants on the basis of race, color, creed, religion, ancestry, age, sex, marital status,  national origin, disability or  handicap or veteran status.

Jan 15, 27 & Feb 5, 2016

______________

NOTICE OF

BIDS

The City of Attalla will accept bids for someone to remove the existing Attalla Elementary School located at 801 4th St NW in Attalla, Alabama. The deadline for accepting bids will be Friday, March 04, 2016, at 4:00 p.m. The City of Attalla reserves the right to reject any and/or all bids. Scope of Work may be picked up at Attalla City Hall, 612 4th St. NW from 8:00 a.m. to 4:00 p.m., Monday thru Friday.

Feb 5, 12, 19 & 26, 2016

______________

NOTICE OF

BIDS

The City of Attalla will accept bids for someone to cut right-of-ways within the city limits of Attalla. The deadline for accepting bids will be Friday, March 04, 2016, at 4:00 p.m. The City of Attalla reserves the right to reject any and/or all bids. Scope of Work may be picked up at Attalla City Hall, 612 4th St. NW from 8:00 a.m. to 4:00 p.m., Monday thru Friday.

Feb 5, 12, 19 & 26, 2016

______________PUBLICATION NOTICE

IN THE MATTER OF THE ADOPTION PETITION OF NATHAN TRIMM

NOTICE TO: JEREMY ARAM BASKIN

ADDRESS UNKNOWN

You will take notice that a Petition for the Adoption of a minor child born to Elizabeth Trimm (Baskin), natural mother, set to be heard on March 22, 2016 at 10:00 a.m. filed on the 30th day of November, 2015 alleging that the natural father’s whereabouts are unknown and/or that the natural father to the aforesaid minor child is that of putative father. Minor child’s birth date is October 8, 1999.

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 Elizabeth Golson McGlaughn, 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

Elizabeth Golson McGlaughn

P. O. Box 1519

Gadsden, AL 35902

256-547-1009

Bobby M. Junkins

Judge of PRObate

Jan 22, 29, Feb 5 & 12, 2016

______________

NOTICE OF

PUBLICATION

IN THE JUVENILE COURT OF DEKALB COUNTY, ALABAMA

IN THE MATTER OF: I.M. DOB: November 11, 2015, minor child dependent

CASE NO.: JU-2015-377.02

This notice hereby is given to the following persons: Marcus who lives in the Gadsden, Alabama area whose identity and whereabouts are unknown to the DeKalb County Department of Human Resources; and/or the unknown father of I.M., who is a child born to Raven Boyd on November 11, 2015; You must answer the Petition to Terminate Parental Rights filed by DeKalb County Department of Human Resources by May 2, 2016, or thereafter a judgment by default may be rendered against you and your parental rights may be terminated in case number JU 2015-377.02 in the Juvenile Court of DeKalb County, Alabama.

This the 2nd day of February, 2016.

Pam Simpson

Circuit Clerk

Feb 5, 12, 19 & 26, 2016

______________

PUBLIC NOTICE

PUBLIC NOTICE: Cellco Partnership and its controlled affiliates doing business as Verizon Wireless (Verizon Wireless) is proposing to collocate on a roof-top located on buildings off of 1007 Goodyear Avenue, Gadsden, Etowah County, AL 35903 (34° 0’ 28.52” North and 85° 57’ 56.87” West). The proposed collocation height is approximately 205 Ft. Public comments regarding potential effects from this site on historic properties may be submitted within 30-days from the date of this publication to: C. Belcher, Terracon, 2105 Newpoint Place, Suite 600, Lawrenceville, GA 30043, 770-623-0755 or Chip.Belcher@terracon.com.

Feb 5, 2016

______________

NOTICE OF

PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

PHH Mortgage Corporation, 

PLAINTIFF, 

VS.

Joseph Steel

DEFENDANT, 

CIVIL ACTION NO: 15-900792

Notice of Civil Lawsuit to: Joseph Steel.  This is to notify you that in Civil Action No. 15-900792 ENTITLED PHH Mortgage Corporation vs. Joseph Steel, presently pending in the Circuit Court of Etowah County, Alabama, Etowah County Courthouse, Etowah, Alabama, there is being made a claim against you for Ejectment.  You are hereby notified that you are required to answer the claims made against you in writing, and to file the original of your answer with the clerk of this Court with a copy to Shapiro and Ingle, LLP, whose address is 10130 Perimeter Parkway, Suite 400, Charlotte, North Carolina 28216, within 30 days of the last publication.  Failing to answer or plead in response will result in default being entered against you for the damages or relief sought against you.

This notice shall be published once a week for four (4) successive weeks, and defendants must file an answer within thirty (30) days after the last publication date, on or before March 26, 2016, or thereafter, a judgment by default may be rendered against you the above styled cause.

DONE this 25 day of January, 2016

Cassandra Johnson

Clerk of the Circuit Court

Matthew Penhale

Shapiro and Ingle, LLP

10130 Perimeter Parkway

Suite 400

Charlotte, NC 28216

(704) 333-8107

(704) 333-8156 (fax)

15-007438

Feb 05, 12, 19, and 26, 2016

______________

NOTICE OF

ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF A CHILD BORN TO AMANDA ELIZABETH MOORE

CASE NO. A-977

TO: Natural Father, whereabouts unknown

Take Notice that a Petition for the Adoption of a child born to Amanda Elizabeth Moore (Natural Mother), has been filed by Vicki Jelks Gill & Michael Wayne Gill, set to be heard on the 22nd day of March, 2016 at 10:30 o’clock a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor Child’s birth date is February 1, 2014.

Please be advised that if 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 counsel for said Petitioner, whose name and address is shown below and with the Clerk of said Probate Court.

DONE this 15th day of January, 2016.

Bobby M. Junkins

Judge of Probate

Shannon L. Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, AL 35901

256-543-7610

Jan 29, Feb 5, 12 & 19, 2016

______________

NOTICE OF

ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

STATE OF ALABAMA

COUNTY OF ETOWAH 

NOTICE TO: WILLIAM LEE AKINS, NATURAL FATHER, ADDRESS UNKNOWN

Please take notice that a Petition for Adoption has been filed in said Court by the Petitioner named below and that the 20th day of April, 2016 at 10:00 a.m. has been set for a hearing on the same in the Probate court of Etowah County. Please be advised that if you intend to contest this adoption you must file a written response with the attorney for the petitioner named below and with the Clerk of the Probate Court, 800 Forrest Avenue, Gadsden, Alabama 35901 as soon as possible but no later than thirty (30) days from the date this notice is received.

Bobby M. Junkins

Judge of Probate

Clint L. Maze

BURKE, BEUOY & MAZE

Attorney for Petitioners

725 North Brindlee Mountain Parkway

Arab, AL 35016

256-586-9000

Feb 5, 12, 19 & 26, 2016

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on March 14, 2016 for charges due.

1995 Chev GMT 400 VIN# 1GCEK14 K9SZ24 8635

Clubview Services

1900 Rainbow Drive

Gadsden, AL 35901

Feb 5 & 12, 2016

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on March 14, 2016 for charges due.

2007 Kawasaki  ZX600P7F Motorcycle VIN# JKAZX4 P117A 010608

Dennis Stewart

2324 Hill Avenue

Gadsden, AL 35901

Feb 5 & 12, 2016

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on March 14, 2016 for charges due.

1996 GMC G1500 Savana Van VIN# 1GDFG15 R4T1011872

Larry Kenney

319 W Main St

Glencoe, AL 35905

Feb 5 & 12, 2016