Legals for the week of September 30 - October 7, 2016

September 30, 2016 chris
Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by 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

______________

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

______________

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

______________

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

______________

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

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dorothy Sue Moffett, a widow, to CITIFINANCIAL CORPORATION, LLC, on February 17, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. # M-2004-0639; CitiFinancial Servicing, LLC, successor by merger with CitiFinancial Corporation, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 20, 2016, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT 21, BLOCK 8, IN THE GADSDEN LAND AND IMPROVEMENT COMPANY`S KYLE ADDITION TO GADSDEN, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN BOOK OF TOWN PLATS “A”, PAGE 23, IN THE OFFICE Of THE JUDGE OF PROBATE AND BEING AND LYING IN THE CITY OF GADSDEN, ETOWAH COUNTY, ALABAMA.

SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, RIGHTS, EASEMENTS, RIGHTS-OF-WAY, PROVISIONS, COVENANTS AND BUILDING SET-BACK LINES OF RECORD.

ADDRESS: 330 SOUTH 12TH; GADSDEN, AL 35901 TAX MAP OR PARCEL ID NO. 31-15-03-05-4-000-323.000

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.

CitiFinancial Servicing, LLC, successor by merger with CitiFinancial Corporation, LLC

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 30, Oct 7 & 14, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brian Weathington and Cortney D. Weathington, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Ameritrust Mortgage Company, on the 27th day of February, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3241769; the undersigned U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 1, 2016, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number One (1) in Block “B” of the Covelake Subdivision, as shown by Map or Plat thereof recorded in Plat Book “H”, page 61, Probate Office, Etowah County, Alabama, lying and being in Etowah County, Alabama.

Property street address for informational purposes:  2500 Cove Circle, Gadsden, AL 35903

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.

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

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

398049

Sept 29, Oct 7 & 14, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on May 11, 2011 by Brandon Wade Townsel, a married man and Angela D. Townsel, his wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for MortgageAmerica, Inc., Corporation, and recorded in Instrument Number at 3349863 on May 18, 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, 3427480 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 November 1, 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 Fifteen (15) in H. J. Foremans Subdivision in the NW 1/4 of Section 28, Township 11 South, Range Six East, according to the map recorded in Plat Book “E”, Page 32 and 33, Probate Office, Etowah County, Alabama.

For informational purposes only, the property address is: 629 Tabor Rd, Gadsden, AL 35904.

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

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

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

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 16-010806

Attorneys for Mortgagee or Transferee

Sept 30, Oct 7 & 14, 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

______________

NOTICE TO FILE CLAIMS

CHARLES LOUIS COPELAND appointed Personal Representative (s) on August 29, 2016 Estate of SHIRLEY JEAN COPELAND, 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 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

MARY ANN SNYDER appointed Personal Representative (s) on September 19, 2016 Estate of DOROTHY NELL USRY, 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 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

JULIE W. SMITH appointed Personal Representative (s) on September 19, 2016 Estate of BETTY GAIL WOLFE, 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 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

DEBORAH CHRISTIENE SEWELL appointed Personal Representative (s) on August 31, 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

Sept 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

SUZI L. MORGAN, DAVID EDWARD LOGAN, AMY ELIZABETH CASTLEMAN AND JULIAN EUGENE LOGAN appointed Personal Representative (s) on January 4, 2016 Estate of WANDA H. LOGAN, 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 30, Oct 7 & 14, 2016

______________

RESOLUTION NO. R-366-16

Ordering Abatement of Nuisance

                                                                       

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

1579 LITCHFIELD AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot Number One (1) in Block Number Five (5) in Brookwood addition to Gadsden according to the map thereof recorded in Book of Town Plats “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 Ronnie Pollard, P.O. Box 4252, and First Family Financial Services, Inc.;

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 September 20, 2016.

      

Iva Nelson, City Clerk        

Sept 30, 2016

______________

RESOLUTION NO. R-367-16

Ordering Abatement of Nuisance

                                                                       

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

104 S 23RD STREET in District 6 in the City of Gadsden, more particularly described as:

The North 50 feet of Lots Number 19, 21, and 23 in Block Number 34 in Alford’s Second Addition to Alabama City, According to map recorded in Plat Book “A”, beginning on Page 308, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, certain rights of redemption of The Estate of Mike Dutton and Sherry Dutton, 104 S. 23rd 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 September 20, 2016.

      

Iva Nelson, City Clerk        

Sept 30, 2016

______________

RESOLUTION NO. R-368-16

Ordering Abatement of Nuisance

                                                                       

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

3602 WILLIAMS AVENUE in District 7 in the City of Gadsden, more particularly described as:

The East half of Lot No. 21 in Block 2 of Sam Baily Addition No. 1, to Alabama City, Plat of which is recorded in Plat Record “B”, Page 43, in the Office of the Judge of Probate of Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, certain rights of redemption of Community Homebanc, Inc., 1516 3rd Avenue North, Bessemer;

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, 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 September 20, 2016.

      

Iva Nelson, City Clerk        

Sept 30, 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

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: The Matter of the Last Will and Testament of Charles Cooper, Deceased

NOTICE TO: Phillip Charles Anthony, Antoinette Cooper

A hearing on the Petition for Probate of the Last Will and Testament of CHARLES COOPER, Deceased, will be held before the undersigned on the 22nd day of November, 2016, at 2:00 p.m. at the Etowah County Courthouse, Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Jhamayne David Cooper, Executor

Rodney L. Ward

827 Chestnut Street

Gadsden, AL 35901

256-547-2800

Sept 30, Oct 7, 14 & 21, 2016

______________

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 Marcus 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 30, Oct 7, 14 & 21, 2016

______________

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 ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1073

IN THE MATTER OF THE ADOPTION PETITION OF A CHILD BORN TO JAMIE NICOLE CLARK PIERCE

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the adoption of a child born to JAMIE NICOLE CLARK PIERCE (Natural Mother) has been filed by HATTIE RICHARDS, set to be heard on the 22nd day of November, 2016 at 10:00 a.m. at the Etowah County Courthouse, Attn: Probate Office, 800 Forrest Avenue, Gadsden, AL 35901. Minor child’s birth date is 12/6/2009.

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 27th day of September, 2016.

Bobby M. Junkins

Judge of Probate

Jacob Allen Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, AL 35901

256-547-3221

Sept 30, Oct 7, 14 & 21, 2016

______________

AMENDED COMPLAINT COMPLAINT TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

Jonathan Leftwich,

Plaintiff

v.

Nellie Griffin Simpson, Annie Jo Griffin, Myrtice G. Myers,

James Homer Griffin, Robert M. Griffin, Cecil S. Griffin,

Nancy B. Griffin Sprayberry, Charles S. Griffin, and

Fictitious Defendants I-Z, who are the other heirs of

Martha Alice Griffin, whose identities and whereabouts

are unknown, and all other persons claiming any present, future,

contingent, remainder, reversion, or other interest in the lands described herein

and

Lot Number Two (2) according to the resurvey of the Darling Gardner property made by Jerry Respess, Civil Engineer, as the same appears of record in Plat Book “B”, Page 369, said re-survey being a part of Block Number Two (2) of the McBuffie and Gardner Addition to the City of Gadsden, which Addition is recorded in Plat Book “B”, Page 123 in the Office of the Judge of Probate and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

Defendants

1. This action is brought pursuant to §§ 6-6-540, Code of Alabama (1975).

2. This Complaint amends and, to the extent it conflicts, supersedes the Plaintiff’s Complaint previously filed in this case.  

3.  Plaintiff is and has been since 2003 in the actual, peaceable, notorious, adverse possession of the property described below, claiming to own the same, and has held and holds color of title to the property, being the fee simple interest so claimed, for a period of ten or more consecutive years, and Plaintiff has duly assessed and paid ad valorem taxes thereon during Plaintiff’s period of ownership.  The Plaintiff has made improvements to the property described herein and has incurred expenses for upkeep and maintenance.

4.  The legal description of the subject property is as follows:

Lot Number Two (2) according to the resurvey of the Darling Gardner property made by Jerry Respess, Civil Engineer, as the same appears of record in Plat Book “B”, Page 369, said re-survey being a part of Block Number Two (2) of the McBuffie and Gardner Addition to the City of Gadsden, which Addition is recorded in Plat Book “B”, Page 123 in the Office of the Judge of Probate and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon. (the ‘Property”)

5. The Defendants herein are the Property and those persons named above, who are believed to be of legal age, and any and all parties claiming any present, future, contingent, reversionary, remainder, or other interest therein who may claim any interest in the Property.  Plaintiff is not aware of any such persons who make such claims who are not individually named herein as defendants.

6. There are no other named defendants hereto because the Plaintiff has made diligent inquiry and has not been able to ascertain any other person making claim to or interest in the Property.

7. The Plaintiff holds color of title to the Property.  The Plaintiff’s interest was obtained from his parents, Ronnie L. Leftwich, Sr., and Brenda Y. Leftwich.  Deeds to Ronnie L. Leftwich, Sr., are recorded at D-2002-4839 and D-2003-1036.  Ronnie L. Leftwich, Sr., died on October 12, 2010, and his estate was probated in the Probate Court of Etowah County, Alabama, Case No. S-6183.  The surviving spouse of Ronnie L. Leftwich, Sr., was Brenda Y. Leftwich, who inherited her husband’s interest in the Property pursuant to the Last Will and Testament of Ronnie L. Leftwich, Sr.  No deed was made from the Estate of Ronnie Lamar Leftwich, Sr., to Brenda Y. Leftwich.  Brenda Y. Leftwich died on October 13, 2014, and her estate is probated in the Probate Court of Etowah County, Alabama, Case No. S-8230.  Jonathan Leftwich was appointed executor of the estate of Brenda Y. Leftwich, and Jonathan Leftwich inherited the Property pursuant to the Last Will and Testament of Brenda Y. Leftwich.  A Warranty Deed from the Estate of Brenda Y. Leftwich to the Plaintiff, Jonathan Leftwich, is recorded at Inst. # 3417050, Probate Office, Etowah County, Alabama.

8. The Plaintiff does not know of any person who claims any interest in the Property except as alleged in this Complaint.

9. There is no suit pending to test or determine the title to or any interest in, or right of possession of the Plaintiff in or to the Property and no suit is pending to test or determine any other title to, interest in, or right of possession of, the Property.   

10. The Plaintiff has named as defendants hereto all persons who have had possession of the Property or any part thereof within ten years next preceding the filing of this Complaint or who are known to Plaintiff to claim any part or interest in the Property.

     

Wherefore, the Plaintiff amends its prayer for relief as follows: (1) that the Court keep the Guardian ad Litem to represent the interests of the unknown parties; (2) that the Court enter a judgment or decree that the Plaintiff has the entire and undivided fee simple interest in and to the Property with no restrictions thereon; and (3) that the Court enter such other relief as the Court deems proper.

/s/ Jason Knowles

Jason Knowles

Knowles & Sullivan, LLC

400 Broad Street, Suite 105

Gadsden, Alabama 35901

Ph: 256-547-7200

Email: jason@kkslawgroup.com

Sept 30, Oct 7, 14 & 21, 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

______________

U.S. POSTAL SERVICE STATEMENT OF OWNERSHIP MANAGEMENT AND CIRCULATION.

Required by 39 USC 3685

(1) Publication Title: The Messenger Newspaper

(2) Publication Number: 011757

(3) Filing Date: September 30, 2016

(4) Issue Frequency: Weekly

(5) Number of issues Published Annually: 52

(6) Annual Subscription Price: Local $20.00; other $25.00

(7) Complete Mailing Address of Known Office of Publication: Post Office Box 858, Gadsden, AL 35902.

(8) Complete Mailing Address of Headquarters or General Business office of Publication: 408 Broad Street, Gadsden, AL 35901

(9) Full Names and Complete Mailing Address of Publisher, Editor and Managing Editor: Publisher – Chris  McCarthy, Post Office Box 858, Gadsden, AL 35902; Editor – Chris McCarthy, Post Office Box 858, Gadsden, AL 35902

(10) Owner: The Messenger, LLC

(1) Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: Phillip Hodges, Sr., Jon Craig Ford, P. O. Box 858, Gadsden, AL 35902.

(12) Tax Status: Has Not Changed During Preceding 12 Months.

(13) Publication Title: The Messenger Newspaper

(14) Issue Date for Circulation Data Below: September 30, 2016

(15) Extent and Nature of Circulation: General

Average No. Copies each Issue During Preceding 12 Months/No. Copies of Single Issue Published Nearest to Filing Date

a. Total Number of Copies (net press run) 6773/6692 b. Paid and/or Requested Circulation: (1) Mailed Outside-County Paid Subscription Stated on PS Form 3541 227/227 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 1171/1171 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 5125/5030 (4) Paid Distribution by Other Classes of Mail Through The USPS 60/62 c. Total Paid Distribution 6583/6490 d. Free or Nominal rate Distribution (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0/0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 0/0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS 135/135 (4) Free or Nominal Rate Distribution Outside the Mail 0/0 e. Total Free or Nominal rate Distribution 135/135 f. Total Distribution 6718/6625 g. Copies not Distributed 55/67 h. Total 6773/6692 i. Percent Paid 97.42/96.96. Not applicable 17. Publication of Statement of Ownership Printed in the September 30, 2016 publication.

Signed on September 29, 2016, Chris McCarthy, Publisher

______________

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