Legals for the week of September 23 - 30, 2016

September 23, 2016 chris
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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that mortgage dated September 10, 2012, in favor of The HomeTown Bank of Alabama, a corporation, and executed by Benson Enterprises, LLC, an Alabama limited liability company, which mortgage is recorded September 12, 2012, in Instrument Number 3373220, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on September 30, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number 13, in Block Number 3, in Moore and Hopson Addition, according to the Map thereof as recorded in Plat Book “B”, Page 120, in the Office of the Judge of Probate, of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama. (w/2j36363/1010 Fairview)

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2017, subject to the easement for erection and maintenance of utility lines and necessary access and subject to the state of facts as shown on subdivision plat of record in Plat Book B, Page 120, and to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.

JONES MILWEE & CAMERON, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that mortgage dated April 13, 2012, in favor of The HomeTown Bank of Alabama, a corporation, and executed by Benson Enterprises, LLC, an Alabama limited liability company, which mortgage is recorded April 16, 2012, in Instrument Number 3365524, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on September 30, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

A tract of land described as beginning at a point in the East line of the present Attalla-Walnut Grove Road where the same intersects the Smith Line of the Southwest of the Section, said point being 394.4 feet Westerly measured along the South line of said forty from the Section corner of said forty and from thence run North 20 degrees 30 minutes West and along the Easterly line of said road a distance of 105 feet; thence North 88 degrees East and parallel with the South line of said forty a distance of 210 feet; thence South 20 degrees 30 minutes East and parallel with the Easterly line of said road a distance of 105 feet to the South line of said forty; thence South 88 degrees West and along the South line of said forty a distance of 210 feet to the point of beginning, and embracing portion of the Southwest Quarter of the Section Quarter in Section Thirty-three (33), Township Eleven (11) South, of Range Five (5) East of Huntsville Meridian , in Etowah County, Alabama, give and except all minerals and mining rights in, under and upon the same. (w/r2j/36363/211 HWY 77)

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2017, subject to the easement for erection and maintenance of utility lines and necessary access and subject to the right of way to Etowah County from O. C. Huff and Imogene Huff, recorded in Book 766, Page 19, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.

JONES MILWEE & CAMERON, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that mortgage dated February 25, 2012, in favor of The HomeTown Bank of Alabama, a corporation, and executed by Benson Enterprises, LLC, an Alabama limited liability company, which mortgage is recorded March 02, 2012, in Instrument Number 3363251, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on September 30, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number One (1), in Block Nine (9), in Goodwater Heights, according to the Map thereof recorded in Plat Book “B”, Page 379, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, formerly Alabama City, Etowah County, Alabama. (w/2j3636 3/1123High)

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2017, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.

JONES MILWEE & CAMERON, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

WHEREAS, on October 1, 2009, a certain Mortgage was executed by Edwin T. Berry, surviving joint tenant of Carolyn E. Berry, who died on September 30, 2007, as mortgagor, in favor of WELLS FARGO BANK, N.A., as mortgagee, and was recorded on October 13, 2009, in Instrument Number 3321429 and subsequently transferred and assigned to THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, and said assignment being recorded in Instrument Number 3426704, and

WHEREAS, the Mortgage was insured by the Secretary of Housing and Urban Development (“the Secretary”) pursuant to the National Housing Act for the purpose of providing single family housing; and

WHEREAS, a default has been made in the covenants and conditions of the Mortgage which remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the subject loan to currency; and

WHEREAS, the entire amount delinquent as of August 4, 2016, is $229,288.35; and

WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable;

NOW THEREFORE, pursuant to powers vested in the undersigned by the Single Family Mortgage Foreclosure Act of 1994 (“the Act”), 12 U.S.C. 3741 et seq., by 24 CFR Part 27, Subpart B, and by the Secretary’s designation of the undersigned as Foreclosure Commissioner, by instrument recorded on June 20, 2016 in Instrument Number 3435769, aforesaid records, notice is hereby given that on October 13, 2016, between the hours of 11:00 A.M. and 4:00 P.M., local time, all real and personal property at or used in connection with the following described premises (“the Property”) will be sold at public auction to the highest bidder: 

A TRACT OR PARCEL OF LAND IS DESCRIBED AS BEGINNING ON THE SOUTH R/W OF LEOTA ROAD, WHICH SAID POINT IS NORTH 86 DEGREES 23 MINUTES WEST, 1.030 FEET; AND SOUTH 0 DEGREES 31 MINUTES WEST, 60 FEET FROM THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 29, TOWNSHIP 13 SOUTH, RANGE 6 EAST; THENCE FROM SAID POINT OF BEGINNING CONTINUE PARALLEL WITH THE EAST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SOUTH 0 DEGREES 31 MINUTES WEST, 930 FEET TO A POINT; THENCE DEFLECT RIGHT AND RUN NORTH 86 DEGREES 23 MINUTES WEST, 299.95 FEET TO A POINT; THENCE DEFLECT RIGHT AND RUN NORTH 02 DEGREES 02 MINUTES 30 SECONDS EAST, 930 FEET TO THE SAID SOUTH R/W OF LEOTA ROAD; THENCE DEFLECT RIGHT AND RUN WITH SAID R/W SOUTH 86 DEGREES 23 MINUTES EAST, 275.2 FEET TO THE POINT OF BEGINNING; AND BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE 1/4 OF THE SW 1/4), SECTION TWENTY-NINE (29), TOWNSHIP THIRTEEN (13) SOUTH, RANGE SIX (6), EAST OF THE HUNTSVILLE MERIDIAN, IN ETOWAH COUNTY, ALABAMA.

Commonly known as: 2275 Leota Rd. N, Southside, AL 35907

The sale will be held at the Etowah County Courthouse, in Gadsden, Alabama.  The Secretary will bid $229, 288.35, plus the fees and costs associated with the sale.

There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his/her/their/its prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.

When making his/her/their/its bids, all bidders, except the Secretary must remit to the undersigned a deposit totaling $22,928.84 (10% of the Secretary’s bid) in the form of a certified check or cashier’s check made out to the Secretary of HUD.  Each oral bid need not be accompanied by a deposit.  If the successful bid is oral, a deposit of $22,928.84 same as 10% must be presented before the bidding is closed.  THE DEPOSIT IS NONREFUNDABLE.  The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence.  This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check.  If the Secretary is the high bidder, he/she need not pay the bid amount in cash.  The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment, and all other costs associated with the transfer of title.  At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned.

The Secretary may grant an extension of time within which to deliver the remainder of the payment.  All extensions will be for 15-day increments for a designated fee, paid in advance.  The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD.  If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.

If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD field office representative, will be liable to HUD for any costs incurred as a result of such failure.  The Commissioner may, at the direction of the HUD field office representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder.

There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor(s) or others, subsequent to a completed foreclosure pursuant to the Act.  Therefore, the Foreclosure Commissioner will issue a deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein.  HUD does not guarantee that the property will be vacant.

The amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is $229,288.35 as of October 13, 2016, plus all other amounts that would be due under the Mortgage agreement if payments under the Mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and or the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.

Date: September 6, 2016

Jauregui & Lindsey, LLC

Foreclosure Commissioner

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

Phone: (205) 988-8888

Fax: (205) 970-3886

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Phyllis L. Griffin and Howard Griffin, Jr. to Community Credit Union (now known as WinSouth Credit Union) on the 24th day of October, 2011, said mortgage being recorded as Instrument Number 3357317 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, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 7th day of October, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot 7 in Block 2 of The Highlands Subdivision recorded in Plat Book C, Page 263 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.

CODY D. ROBINSON

Brunson, Robinson & Huffstutler Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on February 19, 2010 by Gaynell Willis, a single person, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Access national Mortgage Corporation, and recorded in Instrument # 3327874 on February 19, 2010, 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 Number, 3434179 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 October 4, 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:

All that certain lot or parcel of land situated in the County of Etowah, State of Alabama, and being more particularly described as follows:

COMMENCING at the Northwest corner of the Northwest 1/4,ofthe Southwest 1/4 of Section 7, Township 10 South, Range 6 East; thence South 89 degrees 46’ East, 269.8 feet; thence South 1 degrees 15’ West, 1137.4 feet, to the North line of that property described as being three acres and a right of way, Book “563”, Page 263, Probate Office, Etowah County, Alabama; thence North 88 degrees 12’ West along said line 269.8 feet to the West line of said Section 7; thence North 1 degrees 15’ East, 1130 feet along said section line to the point of BEGINNING. Lying and being in Etowah County, Alabama, containing 7 acres, more or less.

For informational purposes only, the property address is: 2474 Leeth Gap Cutoff Rd, Boaz, AL 35956.

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

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

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/ 16-010661

Attorneys for Mortgagee or Transferee

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 22, 2011, executed by Jeffrey Todd Cook, married man, and wife, Sonja Cook, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Homestar Financial Corp., which mortgage was recorded on September 23, 2011, in Instrument No. 3355647, 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 October 18, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Seven (7), Stone Haven Subdivision, Phase One, as shown in Plat Book “L”, Page 108, 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

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on July 5, 2011 by Gerald L. Blevins and Cyndi Blevins, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Network Funding, LP, and recorded in Instrument # 3552059 on July 8, 2011, 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 Number, 3432446 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 October 4, 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:

Lot Number Nineteen (19), Block One (1) as shown on map of Lot Numbers Twenty-one (21), Twenty-two (22), Twenty-three (23), and Twenty-four (24) Block Twenty-six (26) Cloverdale Subdivision. Schroeter Subdivision Number Two (2) and addition to Attalla as recorded in Plat Book “G”, Page 139, Probate Office of Etowah County, Alabama, and lying and being in Attalla, Etowah County, Alabama.

For informational purposes only, the property address is: 710 Owens Ave Southwest, Attalla, AL 35954.

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/ 16-010594

Attorneys for Mortgagee or Transferee

Sept 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Phillip McCoy Wilson, Married and Faye Nell Wilson, Married, to Conseco Finance Corp.-Alabama, on February 26, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document #, M-2002-1640; and subsequently transferred to CitiFinancial Mortgage Company, Inc.; CitiMortgage Inc., successor by merger with CitiFinancial Mortgage Company, Inc., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 6, 2016, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

BEGIN AT THE SOUTH WEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 30: THENCE NORTH 01 DEGREE 02 MINUTES EAST ALONG THE WEST LINE OF SAID FORTY 495.0 FEET; THENCE NORTH 84 DEGREES 48 MINUTES EAST 331.07 FEET TO THE NORTHEAST RIGHT OF WAY LINE OF ALABAMA POWER COMPANY TRANSMISSION POWER LINE; THENCE SOUTH 16 DEGREES 53 MINUTES EAST ALONG THE EASTERN LINE OF SAID RIGHT OF WAY 111.35 FEET; THENCE SOUTH 32 DEGREES 51 MINUTES WEST 497.12 FEET TO A POINT ON THE SOUTH LINE OF SAID FORTY; THENCE NORTH 87 DEGREES 55 MINUTES WEST, ALONG THE SOUTH LINE OF SAID FORTY, 100.62 FEET TO THE POINT OF BEGINNING; AND EMBRACING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 30, TOWNSHIP 12, SOUTH, RANGE 7 EAST IN ETOWAH COUNTY, ALABAMA, SUBJECT TO RIGHTS OF ALABAMA POWER COMPANY AS SHOWN IN BOOK 3-D, PAGE 68. AND BOOK 5-C, PAGE 42, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND SUBJECT TO EASEMENT FOR PUBLIC ROAD ALONG WEST SIDE OF PROPERTY AS SHOWN ON SURVEY OF JAMES W. BARRY. SR.

SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY

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

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

CitiMortgage Inc., successor by merger with CitiFinancial Mortgage Company, Inc.

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 16, 23 & 30, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 16, 2014, executed by Bryan D. Elrod and Kelly Elrod f/k/a Kelly H. Marker, husband and wife, to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc., which mortgage was recorded on April 25, 2014, in Instrument Number 3401029, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Quicken Loans, Inc., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on December 6, 2016, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Number One Hundred Forty (140), One Hundred Forty One (141), One Hundred Forty Two (142), and One Hundred Forty Three (143) of Forrest Heights Supplemental Addition Number One (1), as recorded in Plat Book G, Page 13, Probate Office, Etowah County, Alabama, subject to restrictive covenants recorded in Misc. Record 28, Page 195, said Probate Office.

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. 

Quicken Loans, Inc.

Transferee

Robert J. Wermuth/rgd

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Sept 16, 23 & 30, 2016

______________

MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tim Porter to Community Credit Union, now known as WinSouth Credit Union, on the 26th day of March, 2010, said mortgage being recorded as Instrument Number 3329650 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, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 6th day of October, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lots 1, 2, 3, 4 and 5, Block 29, according to the second survey of Alford’s Addition to Alabama City, according to the map or plat thereof recorded in Plat Book A, Page 308 in the Probate Office, Etowah County, Alabama, lying and being in Gadsden, 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.

CODY D. ROBINSON

Brunson, Robinson & Huffstutler Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

Sept 16, 23 & 30, 2016

_____________

MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Timothy Lynn Porter and Vicki Rena Porter to Community Credit Union, now known as WinSouth Credit Union, on the 15th day of January, 2010, said mortgage being recorded as Instrument Number 3326486 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, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 6th day of October, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Twenty (20) in Block Thirteen (13) of the re-division of parts of Blocks 6, 13, 14, 16 and 17 of Clubview Heights, according to the map or plat thereof recorded in Plat Book E, Page 25 in the Probate Office of Etowah County, Alabama and lying and being in Gadsden, 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.

CODY D. ROBINSON

Brunson, Robinson & Huffstutler Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

Sept 16, 23 & 30, 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 Johnathan C. Parton, a married man, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 5th day of September, 2008, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3300802, as modified by that certain Loan Modification Agreement dated October 16, 2013 and recorded as Instrument Number 3397054; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated February 7, 2013 and recorded in said Probate Office as Instrument Number 3380923. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on October 12, 2016, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Lot Six (6) in Block Three (3) of Woodland Park, according to the map thereof recorded in Plat Book “E”, Page 105 in the Probate Office of 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.

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

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.   

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-635

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

Sept 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

WHEREAS, default has been made in the terms of the mortgage executed on the 8th day of April, 2016, by Courtney Blackwell, as mortgagor, in favor of Mary Catherine Malone, as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama in Gadsden, Alabama, at Inst. # 3432495, and said default continuing, the mortgagee, under power of sale contained in said mortgage, will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Gadsden, Alabama, during legal hours of sale on the 21st day of November, 2016, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:

Parcel #1

Lots Numbers One (1) and Two (2) in Block Three (3) in Sheffield Heights, according to the map thereof recorded in Plat Book “C”, page 81, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

and

Parcel #2

A tract or parcel of land described as follows:  Begin at the NE corner of Lot 6 of T.R. Raley’s Second Addition to East Gadsden; thence West along the North line of said lot 17.9 feet to the Northeast corner of a parcel of land conveyed by Lee Higgins and wife to Billy R. Morris and wife, in a deed recorded in Book 1725, page 341, Probate Office, Etowah County, Alabama; thence Southerly and along the East line of the Morris Tract to the South line of said Lot 6; thence East along the South line of Lot 6, 5.4 feet to the Southeast corner thereof; thence North along the East line of Lot 6 to the point of beginning, embracing a portion of Lot 6 T.R. Raley’s Second Addition to East Gadsden as recorded in Plat Book D, page 23, Probate Office, Etowah County, Alabama.

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

Mortgagee reserves the right to bid on the subject property.  Said mortgage is a first mortgage and is not junior to another mortgage or record.  Said sale is also subject to unpaid taxes or assessments whether of record or not.

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.

Jason Knowles

Knowles & Sullivan, LLC

Attorneys for Mortgagee

400 Broad Street, Suite 105

Gadsden, Alabama 35901

Ph: 256-547-7200

Email: jason@kkslawgroup.com

Sept 23, 30 & Oct 7, 2016

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MORTGAGE FORECLOSURE SALE

DEFAULT HAVING BEEN MADE in the payment of the indebtedness secured by that certain Mortgage and Security Agreement executed to Liberty Bank by Wynell Roden, a single woman, which mortgage is dated February 3, 2006, and which was recorded on  February 6, 2006 in Document Number M-2006-0475 in the Office of the Judge of Probate, Etowah County, Alabama, and which Mortgage and Security Agreement was re-recorded on March 21, 2006 to reflect the county in which the property is situated in Instrument Number 3243129 in the Office of the Judge of Probate, Etowah County, Alabama;

And default continuing, notice hereby is given that under the power of sale contained in said Mortgage and Security Agreement, I will, on behalf of LIBERTY BANK proceed to sell on October 28, 2016, during the legal hours of sale, to-wit:  11:00 o’clock a.m. to 4:00 o’clock p.m., in front of the main entrance to the Etowah County Courthouse in Gadsden, Alabama, to the highest, best, and last bidder for cash, the following described real estate situated in Etowah County, Alabama, and described as follows:

Begin at an existing capped rebar at the NW corner of the SE ¼ of the NW 1/4 , Section 13, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama and run South 04 degrees 46 minutes 46 seconds East along the West line of said forty 225.00 feet to the point of beginning; thence continue South 04 degrees 46 minutes 46 seconds East along said R/W 1085.21 feet to a point on the Northerly R/W of Smith Chapel Road (60 ft. R/W); thence run North 89 degrees 34 minutes 11 seconds East leaving said West line and along said R/W 134.85 feet to a point; thence leaving said R/W run North 07 degrees 03 minutes 02 seconds East 280.78 feet to a point; thence run North 88 degrees 05 minutes 05 seconds West 37.12 feet to a point; thence run North 14 degrees 31 minutes 08 seconds East 210.00 feet to a point; thence run South 88 degrees 05 minutes 16 seconds East 210.00 feet to the Westerly R/W of said road; thence run the following bearings and distances along said R/W North 10 degrees 43 minutes 44 seconds East 121.68 feet; North 00 degrees 13 minutes 58 seconds East 127.90 feet; North 04 degrees 44 minutes 25 seconds West 345.83 feet to a point; thence leaving said R/W run North 88 degrees 33 minutes 03 seconds West 479.91 feet to the point of beginning.  Said property being a portion of the SE ¼ of the NW ¼, Section 13, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. 

Said sale is for the purpose of securing payment of the indebtedness secured by said mortgage, together with the costs 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. 

WILSON & SCOTT, L.L.C.

Attorneys for Mortgagee

/s/ Nikki P. Scott

NIKKI P. SCOTT (SCO 029)

411 Alabama Avenue, Southwest

Fort Payne, Alabama  35967

Tel: (256) 845-7000 / Fax: (256) 845-6333

Sept 23, 30 & Oct 7, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Andres Rafael Marcano II and wife, Tammy Lynn Marcano, to Joseph Brandon George and wife, Amy George dated August 6, 2014 and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3405561; the undersigned mortgage owner, Joseph Brandon George and wife, Amy George, 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 24th day of October, 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:

Commence at an existing ¾” rod at the Northernmost corner of Lot #4, Bock “F” of Sims Addition to Glencoe, as recorded in Plat Book “C”, Page 227 in the Probate Office of Etowah County, Alabama, and run Southeasterly along the NE line of said Lot #4, 187.46 feet to the point of beginning of the property described herein; thence continue South 43 degrees 25 minutes 56 seconds East along said lot line 200.00 feet to a point on the NE corner of said Lot #4, on the Northwesterly R/W of College Street (50’ R/W); thence run South 41 degrees 20 minutes 00 seconds West along said R/W 200.00 feet to the Southernmost corner of Lot #1 of said subdivision at the point of intersection with the Northeasterly R/W of Ernest Street (40’R/W); thence run North 8 degrees 21 minutes 49 seconds West along said Northeasterly R/W 202.1 feet to a point; thence North 41 degrees 14 minutes 26 seconds East leaving said R/W 182.09 feet to the point of beginning. Said property being a portion of Lots 1, 2,  and 4, Block “F”, of Sims Addition to Glencoe, as recorded in Plat Book “C”, Page 227 in the Probate Office of Etowah County, Alabama.

Property Address: 09 N College Street, Glencoe, Alabama 35905.

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

Joseph Brandon George and Amy George

Mortgage Owner

BRIAN KEITH COPELAND

COPELAND AND COPELAND, LLC

Attorney for Owner

Sept 23, 30 & Oct 7, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Sandra L. Smiley, a single woman, to Joseph E. Gamberi, Jr., dated August 25, 2015, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3422638; the undersigned mortgage owner, Joseph 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 20th day of September, 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 23, in Block Number 4 in Elliott Park First Addition to Alabama City, according to the map or plat thereof recorded in Plat Book B, Page 118-199, Probate Office, Etowah County, Alabama, and lying and being in 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.

Joseph E. Gamberi, Jr.

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner

This foreclosure has been postponed until October 15, 2016.

Sept 23, 2016

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NOTICE TO FILE CLAIMS

BILLY R. ZEMO appointed Personal Representative (s) on August 24, 2016 Estate of RUTH ZEMO, 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

Sept 9, 16 & 23, 2016

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NOTICE TO FILE CLAIMS

LYNN MCCAIN AND BARRY JAY MCCAIN appointed Personal Representative (s) on August 23, 2016 Estate of J.C. MCCAIN, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 9, 16 & 23, 2016

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NOTICE TO FILE CLAIMS

GENE PAUL PROCTOR appointed Personal Representative (s) on July 27, 2016 Estate of MARTHA K. PROCTOR, 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

Sept 9, 16 & 23, 2016

______________

NOTICE TO FILE CLAIMS

TRACY L. LOVE appointed Personal Representative (s) on August 31, 2016 Estate of ARTHURINE L. LOVE, 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

Sept 9, 16 & 23, 2016

______________

NOTICE TO FILE CLAIMS

TRINA KILLIAN CAMERON appointed Personal Representative (s) on August 23, 2016 Estate of JUANICE REAGAN KILLIAN, 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

Sept 16, 23 & 30, 2016

_____________

NOTICE TO FILE CLAIMS

DAVID DWAYNE SMITH appointed Personal Representative (s) on July 19, 2016 Estate of EMMETT LARRY SMITH, 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

Sept 16, 23 & 30, 2016

______________

NOTICE TO FILE CLAIMS

MICHAEL FORD MORRIS, appointed Personal Representative on September 2, 2016 Estate of FAYE DEAN MORRIS, 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

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

SHAWNA C. WILSON AND SYLVIA E. MCKINLEY, appointed Personal Representative on September 12, 2016 Estate of EVELYNN E. WILSON, 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

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

LISA FORE AND LAWRENCE HOWARD, appointed Personal Representative on August 25, 2016 Estate of MYRTLE O. HOWARD, 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

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

JOHN B. TRAYLOR, appointed Personal Representative on September 7, 2016 Estate of JOHN W. TRAYLOR, 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

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

BARBARA ARMSTRONG HUTTO, appointed Personal Representative on September 6, 2016 Estate of KATHERYN HUMPHRIES, 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

Sept 23, 30 & Oct 7, 2016

______________

RESOLUTION NO. 0-041-2016

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

Pursuant to Act #2016-449, The Legislature of the State of Alabama has directed the governing body of the City of Southside, 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 Southside, 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 the City of Southside, 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 Southside, Alabama, on November 08, 2016, the following question:

Do you favor the legal sale and distribution of alcoholic beverages within this municipality, on Sundays? Yes____ No_____

Adopted this the 12th day of September, 2016

Sept 16, 23 & 30, 2016

______________

LEGAL NOTICE

NOTICE TO: CHRISTY NICOLE DORSETT: JAMES COREY MILLER; THE HEIRS AT LAW AND NEXT OF KIN OF BETTY KLEPSIG.

CASE NUMBER: S-7555

A Petition for Final Settlement of the Estate of Betty Klepsig shall be heard on the 25th day of October, 2016 at 10:00 a.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, AL 35901.

Bobby M. Junkins

Judge of Probate

Sept 9, 16, 23 & 30, 2016

______________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that HUDAK CONSTRUCTION CO., INC., Contractor, has completed the Contract for ROOF AND SUPPORT STRUCTURE REPAIRS AT GADSDEN AIR DEPOT BUILDING T-8, BID REQUEST 3315 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: Jeramy Ward, City of Gadsden, 90 Broad Street, Gadsden, AL. 35901

Hudak Construction

400 W Meighan Blvd

Gadsden, AL 35901

Sept 16, 23, 30 & Oct 7, 2016

______________

NOTICE OF PUBLICATION

NOTICE OF PETITION TO TERMINATE PARENTAL RIGHTS

You will please take notice that a Petition for Termination of Parental Rights of Nicole Sanchez, natural mother, and any unknown biological father was filed by the Department of Human Resources in the District Court of Etowah County.

Nicole Sanchez, the natural mother, and any unknown biological father, whose whereabouts are unknown, must answer the Petitioner’s Petition to Terminate Parental Rights within 14 days of the last date of this publication notice or, thereafter, a judgment by default may be rendered against her or him in Case No. JU-13-23.02, in the District Court of Etowah County. The  minor child’s date of birth is March 9, 2002.

Will Clay

District Judge

Sept 2, 9, 16 & 23, 2016

______________

PUBLICATION NOTICE

VALERIANO TOMAS ALONZO, whose whereabouts are unknown, must answer the Complaint for Divorce of Eulalia Pedro Pascual, by seeking relief by October 22, 2016, or thereafter a judgment of default may be rendered against him in the Circuit Court of Etowah County, Alabama. Attorney for Plaintiff Shannon L. Millican, 255 S. 8th St. Gadsden, Al 35901, 256-543-7610.

Sept 2, 9, 16 & 23, 2016

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NOTICE OF ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE  NO. A-1074

In the Matter of a child born to Tara Leigh Camm

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the adoption of a child born to Tara Leigh Camm (Natural Mother), has been filed by Michael William Longshore, set to be heard on the 3rd day of November, 2016, at 11:00 a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor child’s birth date is November 11, 2004.

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 date of the last publication herein with Counsel for said Petitioner, whose name and address are shown below and with the Clerk of the said Probate Court.

DONE this 8th day of September, 2016.

Bobby M. Junkins

Judge of Probate

Shannon L. Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, AL 35901

256-543-7610

Sept 16, 23 & 30, 2016

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PUBLICATION ON ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, AL

CASE NO.: A-1080

IN THE MATTER OF THE ADOPTION OF A MINOR CHILD

NOTICE TO PURPORTED NATURAL FATHER WHOSE ADDRESS IS UNKNOWN AND/OR NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF: A MINOR CHILD, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a minor child born to Gina Marie Latanzio, Natural Mother, was filed on the 8th day of September, 20126, alleging that the identity of the natural parent of said minor child is purported to unknown or has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor Child’s birth date is 08/16/2016.

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 13th day of September, 2016

Bobby M. Junkins

Judge of Probate

Sept 16, 23 & 30, 2016

______________

NOTICE OF PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: CV-16-900652

GINGER CAROL BELYEU as Personal Representative of the Estate of NONA JEAN W. STITH,

PLAINTIFF

Vs.

RICKY COLEMAN CHESNUT and KATHY JANE CHESNUT, ROBERT COLEMAN CHESTNUT AND OZEAL MARGARET CHESTNUT and their heirs and all others claiming an interest in that certain real property described below and the following described real property:

Tract 1: To reach a point of beginning for the hereinafter described parcel of land, commence at the Southeast corner of Lot #1; thence run South 87 degrees 40’ West, along the South line thereof, 200.00 feet to a point; thence run North 02 degrees 00’ West, parallel with the East line of said Lot #1, 203.11 feet to a point, which is the point of beginning  of the parcel of land herein described; thence from said point of beginning, continue North 02 degrees 00’ West, parallel with said East line of Lot 1, 28.12 feet to a point; thence run North 51 degrees 50’ West, 353.31 feet to a point in the West line of said Lot #1; thence run South 02 degrees 00’ East along said West line, 164.09 feet to a point; thence run South 73 degrees 12’ East, 285.20 feet to the point of beginning, containing 0.06 acres, and embracing portions of said Lot #1, Block #1, in Block #1 of Second Addition of Paden Farm Subdivision, as recorded in Plat Book “C”, page 275, Probate Office, Etowah County, Alabama.

TRACT 2: To reach a point of beginning for the herein described parcel of land, commence at the Southeast corner of Lot #1, thence run South 87° 40’ West, along the South line thereof, 200.00 feet to a point; Thence run North 02° 00’ West, parallel with the East lien of said Lot #1, 203.11 feet to a point, thence continue North 02° 00’ parallel with the East lien of Lot #1, 28.12 feet to a point, which is the point of beginning of the parcel of land herein described; thence run North 51° 50’ West, 353.31 feet to a point in the West line of said Lot #1, thence run North 02° 00’ West along said West line 13.52 feet to the intersection of Cloverdale Road, then run southeast along the right-of-way of Cloversdale Road 308.06 feet, thence South 02°, 00’ East 92.77 feet to the point of beginning, containing 0.32 acres and embracing portions of Lots acres and embracing portions of lots 1, in Block #1 of Second Addition of Paden Farm Subdivision, as recorded in Plat Book “C”, Page 275, Probate Office, Etowah County, Alabama.

DEFENDANTS.

RICKY COLEMAN CHESNUT AND KATHY JANE CHESNUT, ROBERT COLEMAN CHESTNUT AND OZEAL MARGARET COLEMAN, and all others claiming an interest in the above described property, must answer the complaint filed by GINGER CAROL BELYEU as Personal Representative of the Estate of NONA JEAN W. STITH, seeing to quite title to the property described above and for other relief by 30 days after the last run date or thereafter a judgment by default may be rendered against them in the above styled cause.

Done this 12th day of September, 2016.

Cassandra Johnson

Circuit Clerk

Sept 16, 23, 30 & Oct 7, 2016

______________

NOTICE OF SUMMONS

Crimson Page Smith, whose whereabouts are unknown, must answer the Petition of Brian Keith Smith, and Karen McLeod Smith, for permanent custody of Micah Keith Smith, a minor, JU-16-33.02 and Aiden Alexander Whitmore, a minor, JU-16-39.02 within 14 days from the date of the last publication of this notice, or thereafter a judgment of default may be rendered against her.

Rollie Whitmore, whose whereabouts are unknown, must answer the Petition of Brian Keith Smith, and Karen McLeod Smith, for permanent custody of Aiden Alexander Whitmore, a minor, JU-16-39.02 within 14 days from the date of the last publication of this notice, or thereafter a judgment of default may be rendered against him.

Dated September 20, 2016.

Cassandra Johnson

Circuit Clerk

Sept 23, 30, Oct 7 & 14, 2016

______________

ORDER OF PUBLICATION

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

In Re:   

J.R.D.C,

a minor

Upon consideration of the Petitioners’ Petition To Terminate Parental Rights and the Motion For Alternative Method of Perfecting Notice, it is ordered that the Clerk cause a Notice of Petition of Termination of Parental Rights action to be published in The Messenger newspaper, Gadsden, Alabama, once a week for four consecutive weeks. 

Done this 13th day of September, 2016.

Sept 23, 30, Oct 7 & 14, 2016

______________

ADVERTISEMENT FOR BIDS

PROJECT: Tennis Courts Improvements at the Attalla Sports Complex

Project No. M-001

OWNER: The City of Attalla, Alabama

Separate sealed bids for the construction of the Tennis Courts Improvements at the Attalla Sports Complex project will be received by the City of Attalla, Alabama, 612 4th Street NW, Attalla, AL 35954 until 10:00 a.m. CDST on Monday, October 3, 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 $20.00 (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 any or all bids.

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 in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 4, 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. All bids must be submitted in a sealed envelope clearly labeled with the project name, name & address of the bidder, and the bidders Alabama State License No.

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

THE CITY OF ATTALLA

BY: Larry Means, Mayor

September 23, 2016

______________

NOTICE OF SALE

Contents of the following storage until will be sold September 30, 2016 for charges due.

Gill Fernandez, #10, 103 Morgan St. Gadsden, AL

Mini Storage

99 Toby Anna Trail

Boaz, AL 35956

Sept 16 & 23, 2016

______________

NOTICE OF VEHICLE POSSESSION

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

1989 Ford F250 X CA VIN# 1FTHX25G 3KKA71331

2004 Chev Trailblazer VIN# 1GNDS1 3S742401254

2001 Dodge Durango VIN# 1B4HS28 Z71F613806

1993 Ford Taurus VIN# 1FALP52U 9PG254786

2003 Chev Cavalier VIN# 1G1JF52F2 37225476

ER Towing & Recovery

827 Jones St.

Gadsden, AL 35901

Sept 16 & 23, 2016

______________

NOTICE OF VEHICLE POSSESSION

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

2004 Chev Trailblazer VIN# 1GNES16 S04 6222627

2004 Chev Astro Van VIN# 1GCDM19 X94B117954

1998 Plym Voyager VIN# 2P4FP25B4 WR503956

Robert Chapman

2000 Rainbow Drive

Gadsden, AL 35901

Sept 16 & 23, 2016

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on October 28, 2016 for charges due.

2007 Toyota Tacoma Silver VIN# 5TENX22N 77Z364870

2014 Freightliner VIN# 3AKJGED 67ESFU 8045

1996 Ford LGT Convt VIN# 1FTEF25N 2TNA25199

2002 Buick Lesabre VIN# 1G4HR5 4K32U199828

1973 VW Beetle VIN# 1132912133

2006 Cavalier Camper VIN# 1NL1VTR 2X61090167

1968 Army M101A1 VIN#  E0768C Z0920

ER Towing & Recovery

827 Jones St.

Gadsden, AL 35951

Sept 23 & 30, 2016

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on October 28, 2016 for charges due.

1988 Samurai Suzuki VIN # JS4JC 51C2J4 272266

John Lay

1300 Pineview Ave

Glencoe AL 35905

Sept 23 & 30, 2016