Legal notices for the week of Feb 26- March 4, 2016

February 26, 2016 chris
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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgages executed by Sonja R. Borden to Gadsden-Etowah Habitat for Humanity, Inc. dated December 10, 2009 and recorded in Instrument Number 3324580 and Instrument Number 3324583 in the Office of the Judge of Probate , Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 4th day of March 2016, the following described real estate situated in Etowah County, Alabama.

Lot Thirteen (13) of Adams Park Subdivision, according to the map or plat thereof recorded in Plat Book “L” page 59 in the Probate Office of Etowah County, Alabama and lying and being in Gadsden, Etowah County, AL.

Said sale will be made for the purpose of paying the indebtedness secured by the above said mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any.

Alabama law gives some persons who have an interest in the 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.

David C. Livingston

By: David C. Livingston

Attorney for Mortgagee

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

Feb 12, 19 & 26, 2016

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgages executed by April K. Johnson and husband, LaShane Johnson to Gadsden-Etowah Habitat for Humanity, Inc. dated February 1, 2008 and recorded in Instrument Number 3289075 and Instrument Number 3289077 in the Office of the Judge of Probate , Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 4TH day of March, 2016, the following described real estate situated in Etowah County, Alabama.

Commence at an existing 2” steel rod at the SW corner of Fraction “C”, Fractional Section 10, Township 12 South, Range7 East of Huntsville Meridian, Etowah County, Alabama and run North 03° 40’00” East along the West line thereof 392.00 feet to an existing ½” rebar and the point of beginning of the property described herein; thence run North 72° 28’ 27” East leaving said West line 126.8 feet to a point; thence run South 16° 31’ 33” East 100.00 feet to a point; thence run North 73° 28’ 27” East 150.00 feet to a point; thence run North 16° 31’ 3” West 100.00 feet to a point; thence run South 73° 29’ 27” West 150.00 feet to the point of beginning. Said property being a portion of Fraction “C”, Fractional Section 10. Township 12 South, Range 7 East, Etowah County, Alabama and containing .34 acres, more or less.

Also conveyed is a 20.0 foot access easement to said property described as follows: Commence at an existing ½” rebar at the NW corner of the above described tract of land and run North 73° 28’ 27” East 125.18 feet to a point, thence run South 16° 31’ 33” East 10.00 feet to the centerline of said easement; thence run South 73° 28’27” West along said centerline 127.65 feet to a point on the East R/W of Tidmore Bend Road and the end of said access easement.

Said sale will be made for the purpose of paying the indebtedness secured by the above said mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any.

Alabama law gives some persons who have an interest in the 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.

David C. Livingston

By: David C. Livingston

Attorney for Mortgagee

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

Feb 12, 19 & 26, 2016

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Roger W Watts Husband And Roberta Watts Wife to Branch Banking and Trust Company dated July 30, 2012; said mortgage being recorded in Instrument No. 3371073  in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Branch Banking and Trust Company, under and by virtue of the power of sale contained in 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 17th day of March, 2016 the following property, situated in Etowah County, Alabama, to-wit:

Lot 15, Block 11 of Gadsden Land & Improvement Company’s Kyle Addition Re-arrangement as recorded in Plat Book “B”, Page 344, Probate Office, Etowah County, Alabama.

Said property is commonly known as 1128 Christopher Ave, Gadsden, AL 35901.

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 Roger W Watts and Roberta Watts 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.

BRANCH BANKING AND TRUST COMPANY

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. 975315

www.foreclosurehotline.net

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Feb 12, 19 & 26, 2016

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Bobby Joe Norris and Mary Jo Norris, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for The Mortgage Outlet, Inc., on the 7th day of December, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3378263; the undersigned JPMorgan Chase Bank, National Association, 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 April 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:

Beginning at a point in the West line of Government Lot 13, Section 9, which point is 850 feet South of the NW corner thereof and from thence run Southerly and along the West line of said Lot 13 a distance of 100 feet to a point; thence Easterly and parallel with the North line of said lot to a point in the West right-of-way line of the Boaz-Attalla Highway; thence Northerly and along said right-of-way a distance of 100 feet; thence Westerly and parallel with the North line of said lot to the point of beginning, all lying and being in Government Lot 13, Section 9, Township 11 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

Less and Except:

Commencing at a point in the West line of Government Lot 13, Section 9, which point is 850 feet South of the NW corner thereof and from thence run Southerly and along the West line of said Lot 13 a distance of 100 feet to a point; thence Easterly and parallel with the North line of said lot to a point in the West right-of-way line of the Boaz-Attalla Highway the point of beginning for the parcel herein described; thence North 90 degrees 00 minutes 00 seconds West a distance of 290.7 feet to a capped metal marker; thence North 02 degrees 35 minutes 20 seconds West a distance of 99.6 feet to a capped metal marker; thence South 90 degrees 00 minutes 00 seconds East a distance of 290.7 feet to a metal marker in the West right-of-way line of said Boaz-Attalla Highway; thence along the said right-of-way South 02 degrees 35 minutes 20 seconds East a distance of 99.6 feet to the point of beginning.

Property street address for informational purposes:  286 Lee Dr, 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.

JPMorgan Chase Bank, National Association, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

382129

Feb 12, 19 & 26, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 29, 2007, executed by Michelle Mathews and Barry Steve Mathews, wife and husband, to Mortgage Electronic Registration Systems Inc., solely as nominee for Countrywide Bank, FSB, which mortgage was recorded on December 5, 2007, in Instrument No. 3284682, 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 22, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

A tract or parcel of land described as beginning at the Southwest corner of Lot Number Five (5) in the J.L. White Subdivision Number Two (2) and from thence run in a Northeasterly direction and along the Northwesterly line of said Lot Number Five (5) a distance of 120 feet to a point, thence in an Easterly direction and parallel with the South line of said Lot Number Five (5) a distance of 418 feet to a point, thence in a Southwesterly direction and parallel with the Northwesterly line of said Lot Number Five (5) a distance of 120 feet to a point in the South line thereof, thence in a Westerly direction and along the South line of said Lot Number Five (5) a distance of 418 feet to the Point of Beginning and being a portion of Lot Number Five (5) in the J.L. White Subdivision Number Two (2), according to the map thereof recorded in Plat Book D, page 117, Probate Office, Etowah County, Alabama, and lying and being in 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.

Green Tree Servicing, LLC

Transferee

Robert J. Wermuth/rgd

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Feb 19, 26 & March 4, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Raynette J. Clark to Metro Bank dated April 29, 2008, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3293267; the undersigned mortgage owner, Metro Bank, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 15th day of March, 2016, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

Lot 4 of Berkley Hills Subdivision, Second Addition, as recorded in Plat Book “J”, Page 40, in the Probate Office of Etowah County, Alabama.

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

Metro Bank

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Feb 19, 26 & March 4, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Barry L. Watson and Lindy M. Watson, husband and wife, to Joe E. Gamberi, Jr., and Frank Minogue dated October 27, 2008, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3303576; the undersigned mortgage owners, Joe E. Gamberi, Jr., and Frank Minogue, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 22nd day of March, 2016, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

Lot Nineteen (19) in Parcel Two (2), as shown by the map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Page 53, in the Probate Office of Etowah County, Alabama, lying and being in the City of Gadsden, Etowah County, 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.

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

Joe E. Gamberi, Jr., and

Frank Minogue

Mortgage Owners

COPELAND LAW FIRM, LLP

Attorneys for owner

Feb 19, 26 & March 4, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 25, 2009 by Nathaniel T. Howard and Kristina M. Howard, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Gadsden Mortgage Services, Inc., and recorded in Instrument # at 3319334 on August 31, 2009, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument #, 3427840 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 March 16, 2016, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

For a beginning point to describe the hereinafter lot, start at a point in the South line of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) where the Eastern line of that certain Street conveyed by Dora E. Beck to the City of Gadsden, Alabama, by deed dated December 17, 1940. It is recorded in Deed Record “6-E”, Page 255, in the Probate Office, Etowah County, Alabama, and where the same intersects said forty line, and from thence run North 05 degrees 40 minutes West and along the Easterly line of said street a distance of 576.9 feet to a point, which said point is the beginning point, and from this said beginning point run North 88 degrees 42 minutes East forming an interior angle of 85 degrees 38 minutes, a distance of 135 feet, thence run South 05 degrees 40 minutes East a distance of 75 feet; thence South 88 degrees 42 minutes West a distance of 135 feet to the Easterly line of said street, thence run North 05 degrees 40 minutes West and along the Easterly line of said street a distance of 75 feet to the beginning corner and embracing a portion of the Southwest Quarter (SW 1/4) of Section Eight (8), Township Twelve (12) South of Range Six (6) East of the Huntsville Meridian and situated in Gadsden, Etowah County, Alabama.

 

For informational purposes only, the property address is: 1704 Pierce St, Gadsden, AL 35904.

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.

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.

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 16-009162

Attorneys for Mortgagee or Transferee

Feb 19, 26 & March 4, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by JODY WADE AND TABITHA C. WADE, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Federal Bank, as Mortgagee, dated the 13th day of August, 2010, and recorded in Instrument #3337091, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 21st day of March, 2016, 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:

A tract of land described as beginning at the Northwesterly corner of Lot Number 2 in the W. H. Ashley Plat as the same appears of record in Plat Book “D”, Page 157, Probate Office, Etowah County, Alabama, and from thence run North 58 degrees 30 minutes East and along the Northwesterly line of said Lot Number 2, a distance of 76 feet to the Northwesterly corner of the Wade property as the same appears of record in Book 938, Page 139, said Probate Office, a distance of 184.3 feet to the Southwest corner thereof; thence Southeasterly along the Southwesterly line of said Wade lot; from thence deflect to the right and run along the Southeasterly line of Lots 1 and 2 of said plat, and the Northwesterly right of way line of the Gadsden-Centre Highway, South 58 degrees 30 minutes West, a distance of 75 feet to the Southwesterly corner of said Lot Number 2; from thence deflect to the right so as to form an interior angle of 78 degrees 20 minutes and run North 19 degrees 50 minutes West along the Southwesterly line of said Lot Number  2 of said plat, a distance of 183.5 feet to the point of beginning,  and embracing a portion  of the NW ¼ of the SW ¼  and a portion of the South 8 acres of the SW 1/4 of the NW ¼ all in Section 19, Township 11 South, Range 7 East of the Huntsville Meridian, Etowah County, Alabama, and being a part of Lots  1 and 2 in the W. H. Ashley  Subdivision.

This property will be sold on an “as is, where is” as is, 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.  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. 

                                                                                                            

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

Feb 19, 26, March 4, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Casey Mack Bishop and wife, Lillian Lorray Bishop, to Joe E. Gamberi, Jr., dated December 11, 2013, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3395877; the undersigned mortgage owner, Joe E. Gamberi, Jr., has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 22nd day of March, 2016, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

Lot Number One (1) in Block Number Five (5) in Mitchell Park, according to the map thereof recorded in Plat Book “F”, Page 87, Probate Office, Etowah County, 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.

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

Joe E. Gamberi, Jr.

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

Feb 19, 26 & March 4, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgages executed by Allen Bocephus Bishop and Reda Mink Bishop to Lucille dated February 18, 2006 and recorded in Instrument Number 3251261 in the Office of the Judge of Probate , Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 28TH day of March, 2016, the following described real estate situated in Etowah County, Alabama.

Commence at the Southeast Corner of Section 22, T-11-S, R-& East of the Huntsville Meridian, Etowah County, Alabama and run N 38 degrees, 56 minutes, 60 seconds E, 12.00 feet to a point; Thence run NO3 degrees 16 minutes 32 seconds W, 442.67 feet to a “Butler’ capped rebar and the point of beginning; Thence continue N 03  degrees 16 minutes 32 seconds W, 140.43 feet to an existing ½ ‘ rebar; Thence run N 78 degrees 58 minutes 46 seconds W, 50.00 feet to a “Baker” capped rebar; Thence run S 44 degrees 37 minutes 13 seconds W, 380.78 feet to Butler capped rebar; Thence run S 51 degrees 19 minutes 36 seconds E, 150.00 feet to a “Butler” capped rebar; Thence run N 43 degrees 58 minutes 38 seconds E, 298.77 feet to the point of beginning. Said property being a portion of Section 22, T-11-S, R-7 East of the Huntsville Meridian, Etowah County, Alabama and containing 1.23 acres, more or less.

Said sale will be made for the purpose of paying the indebtedness secured by the above said mortgage, as well as the expenses of foreclosure. The property will be sold on an “as is” basis, subject to any easements, encumbrances, and exceptions reflected in the records of the Probate Court.  The property will be sold without warrant, or recourse, express or implied as to title, use and/or enjoyment, and will be sold subject to the right of redemption of all parties entitled thereto. The mortgagee reserves the right to bid for and purchase the property and to credit its purchase price against the expenses of sale and the indebtedness secured by the property.

Alabama law gives some persons who have an interest in the 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.

David C. Livingston

By: David C. Livingston

Attorney for Mortgagee

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

Feb 26, March 4 & 11, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 29, 2006, executed by Delbert R. Fuller and Linda R. Fuller, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for AmSouth Bank, which mortgage was recorded on August 25, 2006, in Instrument No. 3253854, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to U.S. Bank National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on April 12, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots One (1) and Two (2) in Block D in Edgewood Addition Number Two, according to Map or Plat thereof recorded in Plat Book E, Page 79, in the Office of the Judge of Probate of Etowah County, Alabama, said property lying and being in Gadsden, Etowah County, Alabama. Said property being improved property known as 1701 Airport Boulevard, Gadsden, Alabama 35901.

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.

U.S. Bank National Association

Transferee

Robert J. Wermuth/rgd

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Feb 26, March 4 & 11, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by JAMES REAVES and wife, DEBRA REAVES, to DONALD G. MARTIN, dated March 2, 2012, and recorded in Book F Page 51-65, Probate Office of Etowah County, Alabama, and the undersigned by reason of such default, having declared all of the indebtedness secured by such mortgage due and payable and such mortgage subject to foreclosure, notice is hereby given that, acting under and by virtue of 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 Etowah County Courthouse, in Gadsden, Etowah County, Alabama, on the 21 day of March, 2016, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to wit:

THAT CERTAIN PARCEL OF LAND WITH ALL THE BUILDINGS AND IMPROVEMENTS THEREON, BEING DESIGNATED AS LOT NO. 80, PARCEL NO. 2, AS SHOWN ON THE MAP OF PROPERTY OF CONE MILLS CORPORATION, DWIGHT DIVISION, RECORDED IN PLAT BOOK “F”, PAGES 51-65 IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA.

Said sale will be made for the purpose of paying the indebtedness secured by said Mortgage as well as the expenses of the foreclosure, and the proceeds of said sale will be applied as provided by the terms of said Mortgage.  

Dated: February 24, 2016

Thomas A. King, Attorney for Mortgagee

128 S. 8th Street

Gadsden, AL 35901

256-541-1117

Feb 26, March 4 & 11, 2016

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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 Terry L. Gladden and wife, Hannah L. Gladden, to Alabama Teachers Credit Union on the 14th day of August, 2006, said mortgage being recorded in the Mortgage Records at Instrument #3253106, in the 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 21st day of March, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Commence at an existing 1” pipe at the NW corner of the SE ¼ of the SW ¼ in Section 6, Township 11 South, Range 7 East of Huntsville Meridian, Etowah County, Alabama, and run South 89° 20’ 56” East along the North line of said forty and the North line of the lands described in Deed Book 1317, Page 949, Probate Office, Etowah County, Alabama, 273.03 feet to the NE corner of said deed book and page; said point being the point of beginning; thence continue South 89° 20’ 56” East along the North line of said forty, 210.00 feet to an existing ½” steel rod on the Westerly R/W line of Lake Mary Louise Road (50’ R/W); thence leaving said North line and along said Westerly R/W line with the following chord bearings and distances thereof; South 09° 17’ 30” East, 210.00 feet; South 23° 05’ 26” East, 105.00 feet; thence run South 70° 13’ 45” West, leaving said R/W, 239.62 feet to a point in the East line of said deed book and page; thence run North 08° 06’ 53” West along the East line thereof, 181.85 feet to a point; thence run North 09° 17’ 30” West along the East line of said deed book and page, 210.00 feet to the point of beginning; said property being a portion of the SE ¼ of the SW ¼ in Section 6, Township 11 South, Range 7 East, 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

Feb 26, March 4 & 11, 2016

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Anthony L. Neely and Gail Neely, husband and wife, originally in favor of Regions Bank d/b/a Regions Mortgage, on the 10th day of August, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3277440; the undersigned Regions Bank d/b/a Regions Mortgage, 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 28, 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:

Begin at the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 11 South, Range 6 East, and run North 3 degrees 00 minutes West along the West line of said Quarter a distance of 453.70 feet to a point; thence deflect to the right forming an interior angle of 89 degrees 42 minutes and run North 87 degrees 18 minutes East a distance of 400.0 feet to the Point of Beginning; thence South 3 degrees 00 minutes East and parallel with the West line of said Quarter, a distance of 180.0 feet to a point in the center of a road; thence West and parallel with the North line of this lot and along the center of said road a distance of 150.0 feet; thence North 3 degrees 00 minutes West and parallel with the West line of said Quarter a distance of 180.0 feet; thence North 87 degrees 18 minutes East a distance of 150.0 feet to the Point of Beginning of the above described tract of land embracing a portion of the Northeast Quarter of the Southeast Quarter of Section 35, Township 11 South, Range 6 East, in the City of Gadsden, Etowah County, Alabama, said tract of land subject to a right of way of said road located thereon. Subject to any easements and restrictions of record.

Property street address for informational purposes:  918 Southline Ave, Gadsden, AL 35901

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.

Regions Bank d/b/a Regions Mortgage, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

271023

Feb 26, March 4 & 11, 2016

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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 Deborah St. John, an unmarried, to Family Savings Federal Credit Union on the 13th day of May, 2011, said mortgage being recorded at Instrument #3350440, 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 21st day of March, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lots 16, 17 and the South Half of Lot 15, all in Block 5 of Walnut Park recorded in Plat Book “B”, Page 117, in the Probate Office of 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.

 

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

Feb 26, March 4 & 11, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed to SouthTrust Bank on June 8, 2001, by Donald Harper and Debra Harper, husband and wife, and recorded in Book M 2001, Page 4148 and secured indebtedness having been transferred Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A.. Shapiro and Ingle, LLP, as council for the Mortgagee or Transferee, under and by virtue of the power of sale contained in the said mortgage will sell at public outcry to the highest bidder for cash in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, Etowah County, Alabama, on the February 8, 2016, during the legal hours of sale the following real estate situated in Etowah County, Alabama, to wit:

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

Notice of this foreclosure sale may also be provided to the following parties if applicable, who may have some interest in said property, in order that they might avail themselves of the opportunity to bid at said foreclosure sale: Internal Revenue Service. 

            For informational purposes only, the property address is:  130 Avis Dr, Gadsden, AL 35901.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Five Thousand Dollars and no/100 ($5,000.00) must be tendered in certified funds at the time and place of the sale by the purchaser as a non-refundable deposit.  The balance of the purchase price must be paid in certified funds within 24 HOURS thereafter at the law offices of Shapiro and Ingle, LLP, 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216, 704-333-8107.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/15-008132

Attorneys for Mortgagee or Transferee

The public sale provided for hereinabove was postponed on February 8, 2016, by public announcement being made at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  The foreclosure sale described hereinabove shall be held on the March 9, 2016, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

Feb 26, 2016

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NOTICE TO

FILE CLAIMS

TORI DONYEL POWELL appointed Personal Representative (s) on February 2, 2016 Estate of DONALD LAWRENCE, 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 12, 19 & 26, 2016

______________

NOTICE TO

FILE CLAIMS

LINDA LAURENE WOOD appointed Personal Representative (s) on January 25, 2016 Estate of RICHARD PAYSON WOOD, 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 12, 19 & 26, 2016

______________

NOTICE TO

FILE CLAIMS

VICTOR PENTON appointed Personal Representative (s) on January 7, 2016 Estate of ROBERT AARON PENTON, 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 12, 19 & 26, 2016

______________

NOTICE TO

FILE CLAIMS

LARRY MOON appointed Personal Representative (s) on January 29, 2016 Estate of JUDY MOON, 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 12, 19 & 26, 2016

______________

NOTICE TO

FILE CLAIMS

ERIC I. BRANCH appointed Personal Representative (s) on January 15, 2016 Estate of ERIC D. BRANCH, 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 12, 19 & 26, 2016

______________

NOTICE TO

FILE CLAIMS

JACQUELINE O. MCGINNIS appointed Personal Representative (s) on January 20, 2016 Estate of JAMES HARLON MCGINNIS, 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 12, 19 & 26, 2016

______________

NOTICE TO

FILE CLAIMS

LEIGH COCHRAN REYNOLDS, appointed Personal Representative (s) on February 2, 2016 Estate of MARY M. COCHRAN, 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 19, 26 & March 4, 2016

______________

NOTICE TO

FILE CLAIMS

HARVEY WAYNE BUTLER, appointed Personal Representative (s) on January 29, 2016 Estate of LINDSEY BROOKE BUTLER, 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 19, 26 & March 4, 2016

______________

NOTICE TO

FILE CLAIMS

LEIGH COCHRAN REYNOLDS, appointed Personal Representative (s) on February 2, 2016 Estate of BOBBY L. COCHRAN, 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 19, 26 & March 4, 2016

______________

NOTICE TO

FILE CLAIMS

NYLE MATHER ESTES, appointed Personal Representative (s) on December 4, 2015Estate of DOROTHY JEAN ESTES, 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 19, 26 & March 4, 2016

______________

NOTICE TO

FILE CLAIMS

HELEN RUTH WASHBURN appointed Personal Representative (s) on February 15, 2016 Estate of ELMUS R. WASHBURN, 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 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

CHRISTOPHER N. WILLIAMS appointed Personal Representative (s) on February 3, 2016 Estate of JOY AMELIA HARDIE 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

Feb 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

DENISE Y. MONROE appointed Personal Representative (s) on February 9, 2016 Estate of DORIS GRAY 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

Feb 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

KATHY SHADWRICK appointed Personal Representative (s) on February 2, 2016 Estate of PATRICIA ANN BARTLETT, 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 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

BETHA RENEE THOMAS PENN appointed Personal Representative (s) on January 20, 2016 Estate of MARY RUTH THOMAS, 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 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

DONALD WARD appointed Personal Representative (s) on February 2, 2016 Estate of FLORENCE GREGER, 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 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

NETTIE SUZETTE STEWARD & MARIE GORE HOFT appointed Personal Representative (s) on February 11, 2016 Estate of NETTIE LAY GORE, 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 26, March 4 & 11, 2016

______________

NOTICE TO

FILE CLAIMS

DAVID EARL KNIGHT appointed Personal Representative (s) on November 13, 2015 Estate of EARL HARRIS KNIGHT, 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 26, March 4 & 11, 2016

______________

RESOLUTION NO. R-56-16

Ordering Abatement of Nuisance

                                                                       

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

703 AGRICOLA DRIVE in District 7 in the City of Gadsden, more particularly described as:

Commence at the Northeast corner of Lot #1, W.C. Sitz Subdivision, as recorded in Plat Book “C”, Page 235, Etowah County, Probate Office, and run S 87 degrees 56’ 03” W, along the North line thereof, 636.80’ to an existing ½” rebar; thence run S 86 40’ 07” W, leaving and north line, 126.97’ to the point of beginning of the property described herein; thence continue S 86 degrees 40’ 07” W, 89.00’ to a point; thence run N 07 degrees 25’ 57” E, 147.77’ to a point; thence run N 88 degrees 13’ 50” E, 75.34’ to a point; thence run S 02 degrees 12’ 30” W, 143.47’ to the point of beginning. Said property being a portion of Lot #1, W.C. Sitz Subdivision, Etowah County, Alabama and contains 0.27 acre (more or less). Being subject to the existing R/W of Agricola Drive.

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 the Estate of Wilson Todd Bryan;

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 February 9, 2016.

       

Iva Nelson, City Clerk              

Feb 26, 2016

______________

NOTICE OF

PUBLIC

HEARING

THE CITY OF ATTALLA WILL HOLD A PUBLIC HEARING, MONDAY, MARCH 21, 2016 AT 10:00 A.M. ATTALLA CITY HALL, 612 4TH STREET NW, ATTALLA. HEARING WILL BE FOR PERSON’S WHO WISH TO BE HEARD FOR OR AGAINST CLOSING THE FOLLOWING DESCRIBED ALLEY:

LEGAL DESCRIPTION BEING A 20’ BY 300’ ALLEY BETWEEN BROWN AVENUE AND STEWART AVENUE IN DISTRICT 5 OF THE CITY OF ATTALLA. PARCEL #16-05-15 -0-001-088, LOT 20 AND LOT 93 IN BLOCK L OF SOUTH MONT ADDITION OF THE CITY OF ATTALLA AND ENTERED INTO PLATBOOK “E”, PAGE 20-23 AND IN DEED BOOK 912 PAGE 419-420 IN THE PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

SHARON JONES

CITY CLERK, CITY OF ATTALLA

Feb 19, 26, March 4 & 11, 2016

______________

NOTICE OF

PUBLIC

HEARING

THE CITY OF ATTALLA WILL HOLD A PUBLIC HEARING, MONDAY, MARCH 21, 2016 AT 10:00 A.M. ATTALLA CITY HALL, 612 4TH STREET NW, ATTALLA. HEARING WILL BE FOR PERSON’S WHO WISH TO BE HEARD FOR OR AGAINST CLOSING THE FOLLOWING DESCRIBED AVENUE:

LEGAL DESCRIPTION BEING A PORTION OF A 50’ BY 460’ DEDICATED AVENUE BETWEEN WINSTON STREET AND WASHINGTON STREET IN WOODLAND HOMES AS RECORDED IN PLAT BOOK F-3-7 BETWEEN PARCEL 16-05-22 -0-001-066.00 AND PARCELS 16-05-21 0-001-047, 48,52,53,54 OF THE CITY OF ATTALLA, ALABAMA AS RECORDED IN THE PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

SHARON JONES

CITY CLERK, CITY OF ATTALLA

Feb 19, 26, March 4 & 11, 2016

______________

Public Notice

Anyone who believes they hold interest in property known as ‘175 Hughes Road, Boaz, Alabama’, present verifiable claim by March 8, 2016.  For more info see Instrument 3429486 recorded at Etowah County

Feb 12, 19 & 26, 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,or 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 PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-8790

IN RE: JAMES AYERS

TO: BRANDON AYERS, address unknown

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

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of James Ayers, was filed in my office for Probate by the Department of Human Resources, and that the 8th day of March, 2016 at 11:30 a.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Feb 19, 26 & March 4, 2016

______________

LEGAL NOTICE

IN THE JUVENILE COURT OF ETOWAH COUNTY

CASE NO. JU-2014-460.02

IN THE MATTER OF C.J.N., a minor child

Douglas and Kathleen Hunter must answer the Petition for custody and other relief by the 22nd day of April, 2016, or thereafter a judgment by default may be rendered against them in the above stated case by the Juvenile Court of Etowah County, Alabama.

Done this 19th day of February, 2016.

Cassandra Johnson

Circuit Clerk

Feb 26, March 4, 11 & 18, 2016

______________NOTICE OF

DIVORCE

ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

BENJAMIN LUIS MACIAS,

Plaintiff,

Vs.

PAOLO MARGARITA SANTOS MACIAS,

Defendant.

Paolo Margarita Santos Macias, whose whereabouts is unknown must answer Benjamin Luis Macias’ petition for divorce and other relief by April 18, 2016, or, thereafter a judgment by default may be rendered against her in Case No. 31-2016-900079, Circuit Court of Etowah County.

Cassandra Johnson

Circuit Clerk

Feb 26, March 4, 11 & 18, 2016

______________

NOTICE OF

COMPLAINT

IN THE SMALL CLAIMS COURT OF ETOWAH COUNTY, ALABAMA

WAYNE SKINNER, whose whereabouts are unknown or has avoided service, must answer the Complaint filed by Perman Engineering Co., LLC, in Case No: SM-15-401 and deliver or mail it to the Small Claims Clerk, Etowah County Alabama, 801 Forrest Avenue Suite 202, Gadsden, AL 35901, 256-549-5432, within fourteen days (14) after the last publication, or a default judgment can be taken against you for the money or property demanded in the complaint.

Dated this the 1st day of February, 2016.

Judge Nabors

Feb 26, March 4 & 11, 2016

______________

NOTICE OF

CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900756

STATE OF ALABAMA, ex rel

JIMMIE HARP,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

1980 CHEVROLET CORVETTE

VIN# 1Z878AS 403115

IN POSSESSION OF RICKEY DOWDY,

Defendant

In Re: RICKEY DOWDY

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

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer the Complaint by the 11th day of April, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

DONE this the 10th day of February, 2016.

Cassandra Johnson

Circuit Clerk

Feb 19, 26, March 5 & 12, 2016

______________

NOTICE OF

CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900535

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

2014 DODGE RAM

VIN: 1C6RR6LT7 ES229851

$2,205.00 US CURRENCY TWO THOUSAND TWO HUNDRED FIVE AND 00/100 DOLLARS IN POSSESSION OF MOAEN HEGAZEN,

Defendant

In Re: MOAEN HEGAZEN

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

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle and monies. You are hereby notified that you must answer the Complaint by the 11th day of April, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle and monies.

DONE this the 10th day of February, 2016.

Cassandra Johnson

Circuit Clerk

Feb 19, 26, March 5 & 12, 2016

______________

NOTICE OF

CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900754

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

$1,722.02 US CURRENCY IN POSSESSION OF 

JAMES HARRIS,

Defendant

In Re: JAMES HARRIS

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

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described monies. You are hereby notified that you must answer the Complaint by the 11th day of April, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said cash.

DONE this the 10th day of February, 2016.

Cassandra Johnson

Circuit Clerk

Feb 19, 26, March 5 & 12, 2016

______________

NOTICE OF

CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900935

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

ONE THOUSAND SIX HUNDRED SIXTY-EIGHT AND 00/00 DOLLARS 

IN POSSESSION OF CHANCE THOMAS,

Defendant

In Re: CHANCE THOMAS

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

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described monies. You are hereby notified that you must answer the Complaint by the 11th day of April, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said monies.

DONE this the 12th day of February, 2016.

Cassandra Johnson

Circuit Clerk

Feb 19, 26, March 5 & 12, 2016

______________

NOTICE OF

CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2015-900844

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

2003 MITSUBISHI ECLIPSE

VIN# 4A3AC34G 93E024614

2005 NISSAN ALTIMA

VIN# 1N4AL11D 25N426615

HENRY CURTIS GILLEY,

Defendant

In Re: HENRY CURTIS GILLEY

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

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicles. You are hereby notified that you must answer the Complaint by the 11th day of April, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicles.

DONE this the 12th day of February, 2016.

Cassandra Johnson

Circuit Clerk

Feb 19, 26, March 5 & 12, 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 Etowah County; to further provide for the distribution of certain lodging tax proceeds.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. In Etowah County, the portion of the tax proceeds collected pursuant to Section 40-26-1, Code of Alabama 1975, which is distributed to the County Commission pursuant to Section 40-26-20, Code of Alabama 1975, to be used for the promotion of tourism, recreation, and conventions, shall be distributed to the Etowah County Mega Sports Complex Authority.

Section 2. The provisions of this act are severable.

If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains. 

Section 3. This act shall become affective immediately, following its passage and approval by the Governor, or its otherwise becoming law. 

Feb 12, 19, 26 & March 4, 2016

______________LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF FORREST MITCHELL, DECEASED

CASE NO. S-8778

TO: Rodney Mitchell, 8745 Contee, Apt 104, Laurel, MD 20708; Roslyn Mitchell, 1901 Powhatan Road, Hyattsville, MD 20782; Nicole McKinley, 4457 North 72nd Street, Milwaukee, WI 53218; Aretha McKinley, 2703 N 46th Street, Milwaukee, WI 53210.

YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument in writing purporting to be the Last Will and Testament of Forrest Mitchell, deceased, and a petition in writing under oath praying for the admission to probate and record in this Court of said instrument as the true and Last Will and Testament of said decedent.

YOU ARE FURTHER NOTIFIED to be and appear before this Court on the 22nd day of March, 2016, at 11a.m., when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting the be the Last Will and Testament of Forrest Mitchell, deceased, should not be admitted to probate and record in this Court as the true and last will and Testament of said decedent.

This the 4th day of February, 2016.

Bobby M. Junkins

Judge of Probate

Feb 12, 19 & 26, 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

______________

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

______________

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

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 abandoned vehicle on April 4, 2016 for charges due.

2004 Chevrolet Tahoe C15 VIN# 1GNEC13 Z84J26 8735

Huff Wrecker

608 Gilberts Ferry Road SW

Attalla, AL 35954

Feb 26 & March 4, 2016

______________

NOTICE OF

VEHICLE POSSESSION

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

2007 Chevrolet Avalanche VIN# 3GNEC 12 J77G107553

UNI Automotive Group LLC

2075 Hwy 77

Attalla, AL 35954

Feb 26 & March 4, 2016

______________

A BILL TO BE ENACTED

AN ACT

Relating to Etowah County; to authorize the county commission to provide a county vehicle for the use of the coroner; and to provide for certain retroactive effect. 

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1: The Etowah County Commission shall provide the coroner with the use of a county vehicle in order to assist the coroner in the performance of his or her official duties. The county commission may otherwise regulate the use of the vehicle to assure that the vehicle is available for the use by the coroner whenever the coroner is on call, but that the vehicle is not used for purely personal purposes. 

Section 2: Any use of a county vehicle by the coroner prior to the effective date of this act is ratified and confirmed. 

Section 3: This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. 

LEGISLATURE OF ALABAMA:

Section 1: The Etowah County Commission shall provide the coroner with the use of a county vehicle in order to assist the coroner in the performance of his or her official duties. The county commission may otherwise regulate the use of the vehicle to assure that the vehicle is available for the use by the coroner whenever the coroner is on call, but that the vehicle is not used for purely personal purposes. 

Section 2: Any use of a county vehicle by the coroner prior to the effective date of this act is ratified and confirmed. 

Section 3: This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.