Legal notices for the week of August 5 - 12, 2016

August 5, 2016 chris
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MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brandi Ray, a single woman, to Alabama Teachers Credit Union on the 18th day of July, 2014, said mortgage being recorded at Instrument #3404634, Mortgage Records, 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 8th day of August, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Commencing at a nail at the base of an angle iron marking the Northeast corner of the NE1/4 of the SW1/4 of Section 6, Township 11 South, Range 6 East, run North 88deg 33’08” West a distance of 1022.05 feet to an iron rod set, said iron being a ½” rebar with plastic cap stamped “B MEANS LS 27727”, said iron set marking the point of beginning of the following described parcel; thence continue North 88deg 33’08” West a distance of 300.00 feet to a 5/8” solid iron at a fence corner; said iron marking the Northwest corner of said quarter-quarter section; thence along said fence South 00deg 01’36” East a distance of 1287.76 feet to an iron rod set at a fence corner on the Northerly right of way of Duck Springs Road, said iron being 85 feet from the center of said road; thence with a curve turning to the left with an arc length of 74.51 feet, with a radius of 909.93 feet, with a chord bearing of North 61deg 19’23” East and a chord length of 74.49 feet to a concrete monument; thence South 32deg 59’34” East a distance of 4.97 feet to a disturbed concrete monument that is 40 feet from the center of said road; thence continue along said right of way North 58deg 57’59” East a distance of 428.92 feet to an iron rod set; thence leaving said right of way North 07deg 33’19” West a distance of 1036.47 feet to the point of beginning; said parcel being a portion of the NE1/4 of the SW1/4 of Section 6, Township 11 South, Range 6 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

July 15, 22 & 29, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 11, 2012, executed by Machli Choizi and Judith Roger, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Federal Bank, which mortgage was recorded on April 12, 2012, in Instrument No. 3365431, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on September 7, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots 27 and 28 of Timber Ridge Subdivision as recorded in Plat Book K, Page 80, Probate Office, Etowah County, Alabama.

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

JPMorgan Chase Bank, National Association

Transferee

Robert J. Wermuth/mgw

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

July 22, 29 & Aug 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Blake Aaron Kidd, an unmarried man, originally in favor of Mortgage Electronic Registrations, Inc., as nominee for Home Mortgage of America, Inc., on the 27th day of December, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3378864; the undersigned Wells Fargo Bank, NA, 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 September 26, 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:

Commence at a concrete monument marking the Southeast corner of the Southeast 1/4-Southeast 1/4 of Section 17, T-11-S, R-5-E, thence North 37 degrees 06 minutes 56 seconds West 2170 56 feet to a 1/4 inch steel rod on the Northwesterly Right of Way of Luckie Mountain Road (Right of Way varies) (a/k/a US Highway #431 [Project #F165(3)], said point being the point of beginning. Thence leaving said Right of Way North 83 degrees 05 minutes 41 seconds West, 200 00 feet to a 1/2 inch rebar capped (CA-497-LS), thence North 06 degrees 54 minutes 19 seconds East 200 00 feet to a 1/2 inch rebar capped (CA-497-LS), thence South 83 degrees 05 minutes 41 seconds East, 323 00 feet to a 1/2 inch rebar capped (CA-497-LS) on the Northwester Right of way of Luckie Mountain Road (Right of Way varies) (a/k/a US Highway #431 [Project #F165(3)]), thence along said Right of Way along a curve with a radius of 3430 59 feet and a chord bearing and distance of South 38 degrees 29 minutes 48 seconds West 234 80 feet to the point of beginning.

Property street address for informational purposes:  140 Luckie Mountain Rd, 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 successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

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

This sale is subject to postponement or cancellation.

Wells Fargo Bank, NA, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

394344

July 22, 29 & Aug 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Judith B. Myracle, a unmarried woman, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Gadsden Mortgage Services, Inc., on the 16th day of November, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3259557; the undersigned Bayview Loan Servicing, 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 August 29, 2016, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 37, in Block J, in Clubview Heights Supplemental Addition, according to map or plat in Plat Book E, Page 242-243, Probate Office, Etowah county, lying and being in Gadsden, Etowah county, Alabama.

Property street address for informational purposes:  90 Alpine View, 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 successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

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.

Bayview Loan Servicing, LLC, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

339059

July 22, 29 & Aug 5, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Michael Christopher Johnson and Sharon Johnson, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Crescent Mortgage Company, a Delaware Corporation, on the 27th day of May, 2011, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3350316; the undersigned Lakeview Loan Servicing, 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 October 4, 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:

All that part of the SW 1/4 of the NW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a stone corner found at the Northeast corner of the S 1/2 of the SW 1/4 of the NW 1/4 of said section; thence S 02 degrees 09 minutes 01 seconds E a distance of 100.00 feet to a iron pin set; thence N 88 degrees 28 minutes 57 seconds W a distance of 332.12 feet to an iron pin set; thence S 02 degrees 09 minutes 01 seconds E a distance of 215.00 feet to an iron pin set  at the point of beginning. From said point of beginning, S 88 degrees 28 minutes 57 seconds E a distance of 152.79 feet (passing through a reference iron pin set at 135.79 feet) to a point; thence S 01 degrees 56 minutes 24 seconds E a distance of 513.78 feet to a point on the Northerly right of way (60 feet) of Whitesboro Road; thence along said right of way, N 53 degrees 42 minutes 21 seconds W a distance of 10.80 feet to a point; thence leaving said right of way, N 01 degrees 56 minutes 24 seconds W a distance of 367.66 feet to a point; thence N 88 degrees 28 minutes 57 seconds W a distance of 143.78 feet (passing through a reference iron pin set at 8.50 feet) to an iron pin set; thence N 02 degrees 09 minutes 01 seconds W a distance of 139.98 feet to the point of beginning, containing 0.56 acres, more or less, less and except any easements or right of way, and being a portion of the SW 1/4 of the NW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

Together with and Subject to: An ingress/egress/utility easement more particularly described as follows: Commencing at a stone corner found at the Northeast corner of the S 1/2 of the SW 1/4 of the NW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama; thence S 02 degrees 09 minutes 01 seconds E a distance of 100.00 feet to an iron pin set; thence N 88 degrees 28 minutes 57 seconds W a distance of 135.43 feet to an iron pin set; thence S 01 degrees 56 minutes 24 seconds E a distance of 66.66 feet to an iron pin set on a cul-de-sac at the point of beginning, said cul-de-sac having a delta of 209 degrees 22 minutes 23 seconds, an arc distance of 127.90 feet and a radius of 35.00 feet. From said point of beginning and along the chord said cul-de-sac, S 01 degrees 56 minutes 24 seconds E a distance of 67.71 feet to a point; thence leaving said cul-de-sac, S 01 degrees 56 minutes 24 seconds E a distance of 625.67 feet to an iron pin set on the Northerly right of way (60 feet) of Whitesboro Road; thence along said right of way, a chord bearing N 53 degrees 42 minutes 21 seconds W a chord distance of 76.39 feet to an iron pin set; thence leaving said right of way, N 01 degrees 56 minutes 24 seconds W a distance of 616.41 feet to a reference iron pin set; thence S 88 degrees 28 minutes 57 seconds E a distance of 34.00 feet to a point on said cul-de-sac, having a delta of 71 degrees 51 minutes 16 seconds, an arc distance of 43.89 feet and a radius of 35.00 feet; thence along the chord said cul-de-sac, N 37 degrees 26 minutes 41 seconds E a distance of 41.07 feet to the point of beginning.

Property street address for informational purposes:  61 Cricket Ln , Boaz, AL 35956

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 successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

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.

Lakeview Loan Servicing, LLC, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

394561

July 29, Aug 5 & 12, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated October 21, 2009, executed by Jennifer Roberson, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Federal Bank, which mortgage was recorded on October 22, 2009, in Instrument No. 3322037 and modified by that certain Loan Modification Agreement recorded April 22, 2014 in Instrument No. 3400886, 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 September 27, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number 16, Block G, according to the Stringer Realty Company’s Resurvey of portions of Edenwood Addition, as recorded in Plat Book C, Page 257, Probate Office, Etowah County, Alabama.

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

Ditech Financial LLC f/k/a

Green Tree Servicing LLC

Transferee

Robert J. Wermuth/rgd

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

July 29, Aug 5 & 12, 2016

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dewayne Gurley and wife, Donna Gurley, to Alabama Teachers Credit Union on the 29th day of December, 2009, said mortgage being recorded at Instrument #3325681, Mortgage Records, 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 22nd day of August, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

PARCEL I:  Begin at the Northeast corner of the NE1/4 of the SW1/4 of Section 6, Township 13 South, Range 5 East; thence West along the North forty line a distance of 210 feet; thence South and parallel with the East forty line a distance of 420 feet to a corner; thence East and parallel with the North forty line a distance of 210 feet to a corner in the East line of said forty; thence North along the East line of said forty a distance of 420 feet to the point of beginning; being a part of the NE1/4 of the SW1/4 of Section 6, Township 13 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

PARCEL II:  Commence at the Northeast corner of the S1/2 of Section 6, Township 13 South, Range 5 East; thence Westerly along the North line of said S1/2 of said section 2666.72 feet to the Northwest corner of the E1/2 of the S1/2 of said section; thence 90deg 02’17” to the left Southerly along the Westerly line of said E1/2 of the S1/2 of said Section 58deg 68’ to a point on the Southerly right of way line of Steele Station Road, and the point of beginning of the parcel herein described; thence continue Southerly along the Westerly line of said E1/2 of the S1/2 of said Section, 840.00 feet to a point; thence deflect left, and run in an Easterly direction and parallel to the Southerly R/W of Steele Station Road to a point in the East line of the property conveyed by Carol Dial to Dewayne Gurley and wife, Donna Gurley, by deed recorded as Doc. #D-2004-3492, Probate Office, Etowah County, Alabama; thence deflect left and run in a Northerly direction and along the East line of said tract to a point on the Southerly right of way line of Steele Station Road, which is 210 feet measured Easterly along said Southerly right of way from the point of beginning; thence deflect left and run Westerly and along said R/W 210.00 feet to the point of beginning; said property embracing a portion of the NW1/4 of the SE1/4 of Section 6, Township 13, Range 5 East, Etowah County, Alabama.

Being subject to a 30’ easement for ingress and egress to access the following described property, to-wit: Commence at an existing iron marking the Northwest corner of the SW1/4 of the SE1/4 of Section 6; thence South 88deg 40’28” East, 113.41 feet to the point of beginning of the hereinafter parcel; thence South 88deg 41’20” East, 212.90 feet; thence South 17deg 07’05” West, 121.94 feet; thence South 04deg 06’24” East, 90.40 feet; thence North 89deg 28’55” West, 214.93 feet; thence North 08deg 32’54” East, 211.85 feet back 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.

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

July 29, Aug 5 & 12, 2016

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the terms of a Mortgage executed on February 17, 1999 by Anissa R. Hicks, as Mortgagor in favor of Jane Floyd, as Mortgagee, recorded in Document: M-1999-0756, Probate Office, Etowah County.

Default has continued. The Mortgagee, under the power of sale contained in said mortgage will sell at public auction for cash to the highest bidder on the front steps of the Etowah County Courthouse in Gadsden, Alabama during the legal hours of sale on the 1st day of September, 2016 the following described real estate, to-wit:

Commence at a point in the North line of Pine Street 58 feet west of the Northwest intersection of Tenth and Pine Streets which is the point of beginnings; thence in a westerly direction along the North line of Pine Street a distance of 66.41 feet to a point; thence deflect right 86 degrees 14’ and run a distance along the fence line of 124.55 feet to a point; thence deflect right 97 degrees 14’ 30” and run easterly along the fence line a distance of 65.44 feet to a point; thence deflect right 82 degrees 24’ 30” and run southerly along the fence line 126.08 feet to a point on the North right-of-way line of Pine Street and the point of beginning, said tract being a part of Lots Number Two (2), Three (3) and Four(4), Block F, Elliott Addition No. 2, according to the map or plat thereof, recorded in Plat Book B, Page 2, Probate Office, Etowah County, lying and being in Gadsden, Alabama.

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

Mortgagee reserves the right to bed on the property. The mortgage is a first mortgage.

Jack Floyd

Attorney for Mortgagee

808 Chestnut Street

Gadsden, AL 35901

256-547-6328

Aug 5, 12 & 19, 2016

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in payment of the indebtedness secured by mortgage given by Debra W. Holderfield and husband, James W. Holderfield, and Celeste Bobo, a married woman, to Peggy Ann Snell, dated the 13th day of January, 2014, recorded as Instrument Number: 3397024, Probate Office 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 will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, in Gadsden, Alabama, between the legal hours of sale on August 26, 2016, the following described real property situated in Etowah County, Alabama:

To reach the point of beginning of a tract or parcel of land commence at the SW corner of SW¼ of SE¼, Section 36, T-11-S, R-6-E, thence run North with the West line of said SW¼ of SE¼, 729.87 feet to a point, thence deflect right 84 degrees 52 minutes and run 348.4 feet to a point on the West right of way of Karrie Way, thence deflect left 6 degrees 06 minutes and run 60 feet crossing said Karrie Way to a point on the East right of way, thence deflect 90 degrees 00 minutes right and run with said Karrie Way 21.2 feet to the point of beginning; thence from said point of beginning deflect 90 degrees 00 minutes left and run 498 feet to a point on the West right of way of a 60 foot road, thence deflect 90 degrees 00 minutes left and run with said right of way 202.38 feet to a point, thence deflect left 77 degrees 46 minutes and continue with said right of way 517.8 feet to a point which intersects the East right of way of said Karrie Way, thence deflect left 123 degrees 10 minutes and run with said Karrie Way 19.18 feet to a point, thence deflect right 20 degrees 56 minutes and continue with said Karrie Way 288.75 feet to the point of beginning, containing 3 acres, more or less, and being a portion of SW¼ of SE¼, Section 36, Township 11 South, Range 6 East, Etowah County, Alabama.

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

Said sale subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements and  rights-of-way; the statutory right of  redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.

Dated: August 3, 2016

PEGGY ANN SNELL, Mortgagee

BY: GEORGE C. DAY, JR.

Attorney for Mortgagee

Day & Welch, P.C.

1925 Rainbow Drive

Gadsden, Alabama 35901

(256) 543-1660

Aug 5, 12 & 19, 2016

______________

NOTICE TO FILE CLAIMS

DWAYNE HALLMARK appointed Personal Representative (s) on July 22, 2016 Estate of MARGARET JUANITA STARLING, 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

Aug 5, 12 & 19, 2016

______________

NOTICE TO FILE CLAIMS

NORMA GRIFFIN RUSSELL & RUSSELL WRIGHT appointed Personal Representative (s) on July 22, 2016 Estate of NORMAN W. GRIFFIN, 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

Aug 5, 12 & 19, 2016

______________

NOTICE TO FILE CLAIMS

NORMA GRIFFIN RUSSELL & RUSSELL WRIGHT appointed Personal Representative (s) on July 22, 2016 Estate of RUBYE LEE GRIFFIN, 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

Aug 5, 12 & 19, 2016

______________

NOTICE TO FILE CLAIMS

RICHARD K. MURRAY appointed Personal Representative (s) on July 11, 2016 Estate of JOYCE SNEAD RITCH, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

STEVEN PAUL ARGO appointed Personal Representative (s) on June 30, 2016 Estate of PATSY L. ARGO, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

MITCHELL LAMAR CHASTAIN appointed Personal Representative (s) on July 13, 2016 Estate of LAMAR FLETHCHER CHASTAIN, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

ALICIA LAUREN DERUSSO appointed Personal Representative (s) on June 6, 2016 Estate of ALFRED L. DERUSSO, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

KEVIN WAYNE GLENN appointed Personal Representative (s) on July 15, 2016 Estate of PHYLLIS GLENN, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

LOUANN CARR appointed Personal Representative (s) on July 6, 2016 Estate of ROGER DAN CARR, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

MELANIE GANNON appointed Personal Representative (s) on June 27, 2016 Estate of JAMES FLOYD GANNON, SR., 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

STEPHEN HEADEN appointed Personal Representative (s) on June 22, 2016 Estate of BILLY JAMES PERRY, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

PAMELA DARLENE BERRY & TERESA ANN HERBST appointed Personal Representative (s) on July 13, 2016 Estate of MARGARET ETHEL ISBELL, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

BOBBY GREEN appointed Personal Representative (s) on June 20, 2016 Estate of DEBORAH DIANE GREEN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

DEBORAH CHRISTIENE SEWELL HARDEE appointed Personal Representative (s) on June 22, 2016 Estate of SARA WESS DAVIES PAGE, 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

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

CATHERINE ANN GREEN appointed Personal Representative (s) on June 27, 2016 Estate of FINIS RAY GREEN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

July 22, 29 & Aug 5, 2016

______________

NOTICE TO FILE CLAIMS

RANDALL LEE BARTLETT appointed Personal Representative (s) on July 21, 2016 Estate of JOHN HOLBERT 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

July 29, Aug 5 & 12, 2016

______________

NOTICE TO FILE CLAIMS

DANNY PAUL LANCASTER appointed Personal Representative (s) on July 8, 2016 Estate of DENNIS KEITH LANCASTER, 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

July 29, Aug 5 & 12, 2016

______________

NOTICE TO FILE CLAIMS

LINDA MARIE MASON appointed Personal Representative (s) on May 26, 2016 Estate of JAMES W. SUTTLE, 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

July 29, Aug 5 & 12, 2016

______________

NOTICE TO FILE CLAIMS

LINA HALE appointed Personal Representative (s) on July 19, 2016 Estate of MARY M. HALE GOODSON, 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

July 29, Aug 5 & 12, 2016

______________

NOTICE TO FILE CLAIMS

JOYCE ANN COLLINS appointed Personal Representative (s) on July 19, 2016 Estate of TROY COLLINS, 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

July 29, Aug 5 & 12, 2016

______________

NOTICE TO FILE CLAIMS

MARY ANN MADDIX HEARD appointed Personal Representative (s) on July 19, 2016 Estate of JERRY D. HEARD, 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

July 29, Aug 5 & 12, 2016

______________

NOTICE TO FILE CLAIMS

JESSE D. JAMES appointed Personal Representative (s) on June 27, 2016 Estate of MYRSTLE SIMS JAMES, 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

July 29, Aug 5 & 12, 2016

______________

RESOLUTION NO. R-294-16

Ordering Abatement of Nuisance

                                                                       

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

616 FREDERICK STREET in District 1 in the City of Gadsden, more particularly described as:

Lot Number One (1) of the J. C. Sizemore’s 4th Addition to Oakview Addition, as recorded in map or plat thereof recorded in Plat Book “D:, page 91, 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 Valarie Player, 336 North 10th Street;

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

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

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

Adopted by the City Council of Gadsden on July 26, 2016.

      

Iva Nelson, City Clerk

Aug 5, 2016            

______________

RESOLUTION NO. R-295-16

Ordering Abatement of Nuisance

                                                                       

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

1501 SPRINGFIELD AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot Number One (1) and the north 11.25 feet of Lot Number Two (2), in Block Number Five (5) in Wright’s Village Subdivision, according to the map thereof recorded in Plat Book “C”, Page 255, Probate Office, Etowah County, Alabama, subject to rights of Alabama Power Company as shown in Book 6-D, pages 18 and 391, respectively, said Probate Office.

Less and Except: Commence at point where the South right-of-way line of Springfield Avenue intersects the east right-of-way line of Lula Street, (40’ R/W) thence S 07° 30’ 00”w 82.77 feet along the East right-of-way line of Lula Street to the point of beginning, thence leaving said right-of-way N 87° 20’ 00” E 100.00 Feet, thence S 07° 30’ 00” W 100.01 feet, thence S 87° 20’ 00” W 100.00 feet to a point on the East right-of-way line of Lula Street, thence North 07° 30’ 00” W 100.01 feet along said right-of-way line to the point of beginning. Said description embracing a portion of Lots 1 and 2 in Block 5 in Wright’s Village Subdivision, as recorded in Plat Book “C”, Page 255, Probate Office, Etowah County, Alabama; Lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Margaret Lee, 1502 Lula Street, James Lee, 1502 Lula Street, Estate and Heirs of Margaret Lee, and Luedella Covington;

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 July 26, 2016.

      

Iva Nelson, City Clerk        

Aug 5, 2016

______________

RESOLUTION NO. R-296-16

Ordering Abatement of Nuisance

                                                                       

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

1505 SPRINGFIELD AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot Number One (1) and the north 11.25 feet of Lot Number Two (2), in Block Number Five (5) in Wright’s Village Subdivision, according to the map thereof recorded in Plat Book “C”, Page 255, Probate Office, Etowah County, Alabama, subject to rights of Alabama Power Company as shown in Book 6-D, pages 18 and 391, respectively, said Probate Office.

Less and Except: Commence at point where the South right-of-way line of Springfield Avenue intersects the east right-of-way line of Lula Street, (40’ R/W) thence S 07° 30’ 00”w 82.77 feet along the East right-of-way line of Lula Street to the point of beginning, thence leaving said right-of-way N 87° 20’ 00” E 100.00 Feet, thence S 07° 30’ 00” W 100.01 feet, thence S 87° 20’ 00” W 100.00 feet to a point on the East right-of-way line of Lula Street, thence North 07° 30’ 00” W 100.01 feet along said right-of-way line to the point of beginning. Said description embracing a portion of Lots 1 and 2 in Block 5 in Wright’s Village Subdivision, as recorded in Plat Book “C”, Page 255, Probate Office, Etowah County, Alabama; Lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Margaret Lee, 1502 Lula Street, James Lee, 1502 Lula Street, Estate and Heirs of Margaret Lee, and Luedella Covington;

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 July 26, 2016.

      

Iva Nelson, City Clerk        

Aug 5, 2016

______________

RESOLUTION NO. R-297-16

Ordering Abatement of Nuisance

                                                                       

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

1403 STILLMAN AVENUE in District 1 in the City of Gadsden, more particularly described as:

Tract 1:

Lot Number 24 in Block “O” in Oakleigh Estates according to the map thereof recorded in Plat Book “G”, Page 55, Probate Office, Etowah County, Alabama.

Tract 2:

Lot Number One (1) in Block Number Two (2) in Brookwood Addition according to the map thereof recorded in Plat Book “D”, Pages 88 & 89, 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 State of Alabama, P.O. Box 327210, Montgomery, FNA NP, LLC, 120 N. LaSalle Street, 29th Floor, Chicago, IL, and Clifford and Virginia Barfield, 2023 McClain Circle;

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 July 26, 2016.

      

Iva Nelson, City Clerk         

Aug 5, 2016     

______________

RESOLUTION NO. R-298-16

Ordering Abatement of Nuisance

                                                                       

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

307 WILSON STREET in District 6 in the City of Gadsden, more particularly described as:

Lot Number Eleven (11), in Block Number Nine (9), in the Walnut Park or West Point Second Addition, according to the map thereof, recorded in Plat Book “B”, Page 117, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to James and Betty Alldredge, c/o Deborah Croyle, 1301 Ellis Street, James Steven Alldredge, 715 Edward Road, Altoona, Deborah Darlene Alldredge Croyle, 1301 Ellis Street, Kimberly Denise Alldredge Sanders, 305 Wilson Street;

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

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

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

Adopted by the City Council of Gadsden on July 26, 2016.

      

Iva Nelson, City Clerk              

Aug 5, 2016

______________

RESOLUTION NO. R-299-16

Ordering Abatement of Nuisance

                                                                       

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

917 N 33RD STREET in District 7 in the City of Gadsden, more particularly described as:

Lot Number Two (2) in Block Number Eight (8) in Sam Bailey’s Addition to Alabama City, Alabama, as shown in Plat Book A, page 445, in the Office of the Judge of Probate, 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 Howard Lee Whisenant Jr., 656 Rothrock Avenue, Attalla;

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

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

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

          

Adopted by the City Council of Gadsden on July 26, 2016.

      

Iva Nelson, City Clerk       

Aug 5, 2016       

______________

RESOLUTION No. 1607

RESOLUTION PROVIDING FOR REFERENDUM ELECTION CONCERNING SEVEN-DAY SALES OF ALCOHOL IN THE CITY OF RAINBOW CITY, ALABAMA

Pursuant to Act 2016-228, The Legislature of the state of Alabama has directed the governing body of the City of Rainbow City, Alabama, by resolution, to call an election for the municipality to determine the sentiment of the voters residing within the corporate limits, to determine whether alcoholic beverages can be legally sold or distributed with the municipality on Sundays 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.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rainbow City, Alabama, as follows:

1. That the City clerk is hereby authorized and directed to cause this resolution to be published once week for  (three) consecutive weeks in the newspaper published once each week for 3 (three) consecutive weeks in the newspaper published in the City of Rainbow City, Alabama;

2. That the City Clerk is hereby authorized and directed to cause to be placed on the ballot in the municipal election to be held in the City of Rainbow City, Alabama, on August 23, 2016, the following questions:

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 which occurs New Year’s Eve (December 1) and after 1:00 p.m.  YES _____ NO______

I certify that this resolution was duly adopted by the City Council of the City of Rainbow City, Alabama, at an open public meeting held on the 11th day of July, 2016.

Barbara T. Wester

City Clerk

July 15, 22 & 29, 2016

______________

RESOLUTION No. 16-004

RESOLUTION PROVIDING FOR REFERENDUM ELECTION CONCERNING SEVEN-DAY SALES OF ALCOHOL IN THE CITY OF GLENCOE

Pursuant to Act 2016-228, The Legislature of the state of Alabama has directed the governing body of the City of Glencoe, Alabama, by resolution, to call an election for the municipality to determine the sentiment of the voters residing within the corporate limits, to determine whether alcoholic beverages can be legally sold or distributed with the municipality on Sundays.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Glencoe, Alabama, as follows:

1. That the City clerk is hereby authorized and directed to cause this resolution to be published once week for  (three) consecutive weeks in the newspaper published once each week for 3 (three) consecutive weeks in the newspaper published in the City of Glencoe, Alabama;

2. That the City Clerk is hereby authorized and directed to cause to be placed on the ballot in the municipal election to be held in the City of Glencoe, Alabama, on August 23, 2016, the following questions:

Do you favor the legal sale and distribution of alcoholic beverages within this municipality, on Sundays?  YES _____ NO______

ADOPTED THIS THE 14TH DAY OF June, 2016.

Attest:

Tashia Blackerby, City Clerk

Charles C. Gilchrist, Mayor

Wayne Farley, Councilman

Johnny Chambers, Councilman

Brent Lang, Councilman

Chris Sims, Councilman

Danny Wagnon, Councilman

July 15, 22 & 29, 2016

______________

RESOLUTION

HB-2016-0712

RESOLUTION PROVIDING FOR REFERENDUM ELECTION CONCERNING SEVEN-DAY SALES OF ALCOHOL IN THE CITY OF HOKES BLUFF

Pursuant to Act 2016-381, The Legislature of the State of Alabama has directed the governing body of the City of Hokes Bluff, Alabama, by resolution, to call an election for the municipality to determine the sentiment of the voters residing within the corporate limits, to determine whether alcoholic beverages can be legally sold or distributed with the municipality on Sundays.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hokes Bluff, Alabama as follows:

1. That the City clerk is hereby authorized and directed to cause this resolution to be published once each week for 3 (three) consecutive weeks in the newspaper published in Etowah County, Alabama:

2. That the City Clerk is hereby authorized and directed to cause to be placed on the ballot in the municipal election to be held in the City of Hokes Bluff, Alabama, on August 2, 2016, the following questions:

Do you favor the legal sale and distribution of alcoholic beverages within the City of Hokes Bluff seven days a week subject to regulation by the City Council?

Yes ___ No ___

PASSED AND ADOPTED THIS THE 12TH DAY OF JULY, 2016.

Jeff Cheatwood, Mayor

Garry Young, Council

John B. Moore, Council

Scott Reeves, Council

Michael Elrod, Council

Wayne Whitt, Council

I, the undersigned City Clerk/Treasurer of the City of Hokes Bluff,  Alabama, do hereby certify that the foregoing is a resolution lawfully passed and adopted by the City Council of the City of Hokes Bluff at a regular meeting of said Council held on the 12th day of July 2016 and that such resolution is on file in the Office of the City Clerk.

Lisa C. Johnson, CMC City Clerk/Treasurer

July 29, Aug 5 & 12, 2016

______________

LEGAL NOTICE

In accordance with Chapter 1, Title 9, Code of Alabama, 1975, notice is hereby given that Hudak Construction Co., Contractor, has completed the Contract for Renovation of Community Center Renovations at 2210 W. Meighan Blvd., Gadsden, Al 35904 for the State of Alabama and the City of Gadsden, Owner, and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify B. Craig Lipscomb, Architect, P. O. Box 1518, Gadsden, AL 35903.

Hudak Construction

400 W. Meighan Blvd

Gadsden, AL 35901

July 15, 22, 29 & Aug 5, 2016

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-8950

IN THE MATTER OF THE ESTATE OF SARA WESS DAVIES PAGE, DECEASED

ORDER SET HEARING

The Last Will and Testament of SARA WESS DAVIES PAGE, having been filed in this Court and set for hearing to determine the validity of said will on the 31st day of August, 2016, at 10:00 a.m.

It is therefore ordered that notice of the hearing be given to:

RAYMOND CLARENCE PAGE, whose address is unknown and cannot be ascertained after a reasonable search in accordance with the laws of the State of Alabama.

Done this 18th day of July, 2016.

Bobby M. Junkins

Judge of Probate

July 29, Aug 5 & 12, 2016

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-8453

IN THE MATTER OF THE ESTATE OF JOYCE H. CLOUGH, DECEASED

TO: James Clough, whose whereabouts are unknown; Sharon Clough Bowman, 168 Lakemone Drive North, Southside, AL 35907; Cynthia Clough Jeffers, 1077 Ala Napunani Street Apt. 504, Honolulu, HI 96818.

SHARON CLOUGH BOWMAN HAS FILED IN THIS COURT A PETITION FOR FINAL SETTLEMENT OF THE ESTATE OF JOYCE H. CLOUGH, DECEASED.

It is hereby ORDERED, ADJUDGED AND DECREED that a hearing on said Petition is set down for August 16, 2016 at 10:45 a.m. at which time all persons interested can appear and contest said settlement.

DONE this the 15th day of July, 2016.

Bobby M. Junkins

Judge of Probate

July 22, 29 & Aug 5, 2016

______________

LEGAL NOTICE

CHARLES E. WATTS, INC. hereby gives notice of completion of contract with the Etowah County Commission for construction of Project No. FY-2014-2015-12 in Etowah County, Alabama. This notice will appear for four consecutive weeks beginning on July 29, 2016 and ending on August 19, 2016. All claims during this period should be filed at: CHARLES E. WATTS, INC. PO BOX 1686 GADSDEN, AL 35902.

CHARLES E. WATTS, INC.

July 29, Aug 5, 12 & 19, 2016

______________

ADOPTION PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, AL

CASE NO.: A-1063

NOTICE TO: JASON CHAD MULLINS, LEGAL FATHER OF A MINOR CHILD WHOSE ADDRESS IS UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a minor child born to Elizabeth Laine Mullins, Natural Mother, was filed on the 6th day of July, 2016, alleging that the whereabouts of Jason Chad Mullins, legal father are unknown or has not been disclosed to the Court. Minor child’s birth date is May 31, 2016.

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 Robert M. Echols, Jr., whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, P. O. Box 187, Gadsden, AL 35902.

Done this 7th day of July, 2016.

Bobby M. Junkins
Judge of Probate

Robert M. Echols, Jr.

4 Office Park Circle, Suite 116

Birmingham, AL 35223

July 15, 22, 29 & Aug 5, 2016

______________

NOTICE OF ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1049

In the matter of an adoption petition of FRANCES MCCROBIE

TO THE UNKNOWN FATHER

Take notice that a Petition for the Adoption of a child born to Lacey McCrobie (Natural Mother), has been filed by Frances McCrobie, set to be heard on the 4th day of October, 2016, at 2:00 o’clock p.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor Child’s birth date is August 28, 2010.

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 are as shown below and with the Clerk of the said Probate Court.

DONE this 21st day of July, 2016.

Bobby M. Junkins

Judge of Probate

Name and address of Attorney

Shannon L. Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, AL 35901

256-543-7610

July 29, Aug 5, 12 & 19, 2016

______________

ACTION TO QUITE TITLE

CASE NO.: CV-16-900405.00

ROCKLEDGE BAPTIST CHURCH, INC.

PLAINTIFF,

VS

SANDRA RICKLES MILLER, and all other heirs at law of C.E. TALTON and MARY TALTON, and WILLIE BELLE TALTON and all others claiming an interest in that certain real property described below and the following described real property:  Tract 1: Begging where the C.E. Talton lands joins the J.W. Davidson land on the East side of Boaz Highway and run NE along the line of Davidson land 200 feet to a stake; thence Southeast 200 feet to a stake; thence Southwest 200 feet to the said Boaz Highway; thence up said Highway to the Davidson land, and being in Fraction 13, Section 9, Township11 Range 5; Tract 2: Beginning at the north east corner of Rockledge Baptist Church property and running in a northeasterly direction and along the line of what is known as the J.W. Davidson land and also known as the Ralph Vice Property, a distance of 34 feet, thence in a southeasterly direction a distance of 200 feet to a point in the middle of the little road, thence in a southwesterly direction a distance 34 feet to the Church property line; thence in a northeasterly direction alongside of Church property a distance of 200 feet to the point of beginning. Tract : Beginning at a point on the North side of Boaz Highway and running along Boaz Highway approximately 165 feet to a driveway alongside of Church property, a distance of 800 feet more or less equal Church property; thence South to Mr. John Bradley’s property; thence in a southerly direction back to the point of beginning. This lying and being in Fraction 1; Section 9; Twp 11; Range 5 East; Etowah County, Alabama.

Defendants.

The heirs C.E. TALTON, MARY TALTON and WILLIE BELLE TALTON, and all others claiming an interest in the above described property, must answer the complaint filed by ROCKLEDGE BAPTIST CHURCH, INC, seeking to quite title to the property described above and for other relief by September 12, 2016 or thereafter a judgment by default may be rendered against them in the above styed cause.

DONE this the 19th day of July, 2016

Cassandra Johnson

Circuit Clerk

David C. Livingston

Attorney for Plaintiff

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

July 22, 29, Aug 5 & 12, 2016

______________

NOTICE OF CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-16-900051

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY

Vs.

TWENTY SIX THOUSAND FIVE HUNDRED FIFTY FIVE AND NO/100 DOLLARS ($26,555) and James Leach and Gloria Jones

Defendant(s)

In Re: James Leach, Gloria Leach

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE 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 cash. You are hereby notified that you must answer said Complaint by the 26th day of September, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said house, land and vehicle.

DONE this the 3rd day of June, 2016.

Cassandra Johnson

Circuit Clerk

July 29, Aug 5, 12 & 19, 2016

______________

PUBLICATION NOTICE

NOTICE OF DIVORCE ACTION

THOMAS SCHUETZE, whereabouts unknown, must answer AVA LEHR SCHUETZE petition for divorce and other relief by September 5, 2016 or, thereafter, a judgment by default may be rendered against him in Case Number DR-2016-900274, Circuit Court of Etowah County, Alabama.

Aug 5, 12, 19 & 26, 2016

______________

REQUEST FOR PROPOSAL

The Greater Gadsden Housing Authority requests proposals from experienced HVAC contractors in order to execute a one (1) year contract for routine repairs (same- day) and emergency repairs (immediate 24/7) to residence HVAC systems throughout various communities of the Housing Authority, and administrative offices at all properties.   

Contract specifications may be obtained from the office of the Purchasing Agent at 500 Tuscaloosa Avenue, Gadsden, Alabama 35901, phone 256-547-0839.  Proposals will be accepted at 422 Chestnut Street Gadsden, Alabama 35901 until 11:00 a.m. Central Time Wednesday, September 7, 2016.  Any proposals received after that time will not be considered.

Award will be made to the lowest responsible, responsive contractor who meets all specifications of the RFP.

The Authority reserves the right to waive any informality in any proposal, to reject any or all RFP’s, and the right not to enter into any contract as a result of the RFP.

Attention is called to provisions for Equal Opportunity and Non-Collusive bidding.

Misty Gaylor

Title:  Purchasing Agent 

Aug 5, 2016

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ADVERTISEMENT FOR BIDS

Sealed proposals from General Contractors will be received by Mrs. Sabrina Harris, Executive Director of DeKalb County 911 located at 111 Grand Avenue SW, Suite 16, Fort Payne, AL 35967 until 2:00 p.m. CST on Tuesday, August 30, 2016 for

The Construction of New

DeKalb County 911 Center

Rainsville, Alabama

The Project’s scope of work consist of the construction of a single-story building consisting of a total of 12,756 gross sq. ft.. The building will consist of office spaces, a multi-purpose meeting room, dispatch room, entry lobby, restrooms, and utility rooms. The scope of work involves reinforced concrete structure, concrete foundation work, structural steel framing & decking, concrete work, impact rated storefronts, blast resistant aluminum windows and entrances, stone veneer, unit masonry, single-ply membrane roof system, waterproofing, exterior metal panels, and stucco. Interior scope of work includes doors & frames, door hardware, floor finishes, porcelain tile, toilet accessories, suspended ceiling system, HVAC, electrical, plumbing and finish concrete work. Site work includes grading, site utilities, concrete flatwork, asphalt paving, landscaping, and irrigation system. The Project shall be substantially completed within 365 days from the Notice-to-Proceed date.

Sealed proposals will be publicly opened and read at 2:00 p.m. CST time on Tuesday, August 30, 2016 at Dekalb County Commission Chambers located at 111 Grand Avenue SW, Suite 200, Fort Payne, AL.

A cashier’s check or bid bond payable to DeKalb County 911 in an amount not less than five (5) percent of the amount of the bid, but in no event more than $10,000, must accompany the bidder’s proposal. Also, a copy of the General Contractor’s license must accompany the bidder’s proposal. Performance and Payment Bonds and evidence of insurance required in the bid documents will be required at the signing of the Contract.

Drawings and project manual (bid documents) may be examined at the office of Chambless King Architects, 12 West Jefferson Street, Suite 300, Montgomery, AL and in the following plan rooms: McGraw Hill Dodge Plan Rooms in Montgomery, AL, Birmingham, AL, and Columbus, GA, AGC Plan Room in Birmingham, AL, and Birmingham Construction Industry Authority (BCIA) in Birmingham, AL.

Electronic bid documents will be available through Alabama Graphics. Paper copies of bid documents for general contractors, subcontractors and dealers, may be obtained at cost of printing, reproduction, handling, and distribution from Alabama Graphics, 350 East Jeff Davis Avenue, Montgomery, AL 36104, phone 334.263.0529

A pre-bid conference will be held at 2:00 pm on Tuesday, August 16th, 2016 in the Dekalb County Commission Chambers, located at 111 Grand Avenue SW, Suite 200, Fort Payne, AL. Attendance by General Contractors is not mandatory. All subcontractors and vendors interested in the project are invited to attend.

Bids must be submitted on proposal forms furnished in the Project Manual or copies thereof. All bidders bidding in amount exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect; the bidder shall show such evidence by clearly displaying his or her current license number on the outside of the sealed

envelope in which the proposal is delivered. The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owner’s judgment, the best interests of the Owner will thereby be promoted. No bid may be withdrawn for 30 days after bid date.

Proposals submitted by mail should be addressed to Mrs. Sabrina Harris, Executive Director of DeKalb County 911 located at 111 Grand Avenue SW, Suite 16, Fort Payne, AL 35967. All proposals must be clearly marked with project name and GC license number on outside of bid proposal package.

_ DeKalb County 911 _ Chambless King Architects

Aug 5, 12 & 19, 2016

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ADVERTISEMENT FOR BIDS

PROJECT: Attalla Road Improvements, Jones Sawmill Road, Project No. S-008, ARC Project No. AL-17892

OWNER: The City of Attalla, Alabama

Separate sealed bids for the construction of the Attalla Road Improvements Jones Sawmill Road project will be received by The City of Attalla, Alabama, 612 4th Street NW, Attalla, AL 35954 until 10:00 a.m. CDST on Thursday September 1, 2016 in the Council Chambers and then at said office publicly opened and read aloud.

Copies of the Contract Documents may be obtained from the City of Attalla Engineering Department 256-538-9986, upon receipt of a non-refundable fee of $50.00 (cash or check) for each set. Upon request, documents will be shipped with all shipping and handling charges collect.

Each bidder must deposit with his bid security in the amount, form and subject to the conditions provided in the Contract Documents.

The Owner reserves the right to waive any informalities or to reject an or all bids, and to award the contract to the best and most responsible bidder. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted.

All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will  not be received or considered by the Engineer; the Bidder shall show such evidence by clearly displaying the license number on the outside of the envelope in which the Proposal is delivered.

No bidder may withdraw his bid within 60 days after the actual date of the opening thereof.

The project is expected to be funded in part by a grant from the Appalachian Regional Commission.

The City of Attalla

BY: Larry Means, Mayor

Aug 5 & 12, 2016

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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 next session of the Legislature of Alabama commencing after the fourth consecutive week of publication of this notice, and application for its passage and enactment will be made:

Relating to the City of Southside in Etowah and Calhoun Counties; to authorize an election to determine whether alcoholic beverages may be sold or dispensed on Sunday by properly licensed retail licensees within the city.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only to the City of Southside in Etowah and Calhoun Counties.

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

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

(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 the City of Southside on Sunday subject to regulation by the City Council? 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 city 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 city election following the date of the resolution.

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

(e) Only qualified voters of the city may vote in the election. If a majority of the voters voting in the city election vote “Yes,” alcoholic beverages can be legally sold or dispensed within the corporate limits of the city on Sunday by licensees of the Alcoholic Beverage Control Board and the city. The city council may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverage sales.

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

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

July 15, 22, 29 & Aug 5, 2016

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicles on September 12, 2016 for charges due.

2005 Honda Civic Ex VIN# 1HGEM22 975L0 35207

2001 Honda Civic VIN# 1HGEM229 41L124050

UNI Automotive Group LLC

2075 Hwy 77

Attalla, AL 35954

July 29 & Aug 5, 2016

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicles on September 12, 2016 for charges due.

2005 Ford Crown VIC  VIN# 2FAFP71W X5X150827

Danny Stowers

3023 Waters Ave

Gadsden, AL 35904

July 29 & Aug 5, 2016