Legals for the week of Dec. 9 - 16, 2016

December 9, 2016 chris
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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by ROBERT SIMONS, an unmarried man, and JOSHUA ROBERTS, an unmarried man to Buddy W. Patterson, dated March 6, 2014, and recorded in Doc. No.: 3398987 in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting upon the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 16th day of December, 2016, the following described real estate situated in Etowah County, Alabama.

Parcel 2 of survey performed by Brent Means Land Surveying, LLC, dated July 24, 2013, #S13-058:

Commencing at a pinched pipe marking the Northeast corner of the SE ¼ of the NE ¼ of Section 21, Township 12 South, Range 5 East, run along the North line thereof North 89°55’43” West a distance of 844.85 feet to a ½” pipe on the Westerly right of way (60’) of Wood Avenue Southeast; thence along said right of way South 00°32’34” West a distance of 433.56 feet to a ¾” pipe; thence continue along said right of way South 00°54’41” West a distance of 107.57 feet to a ½” pipe; thence continue along said right of way South 00°40’02” West a distance of 43.75 feet to an iron rod set, said iron being a ½” rebar with plastic cap stamped “B MEANS LS 27727”, said iron marking the point of beginning; thence continue along said right of way South 00°40’02” West a distance of 130.00 feet to an iron rod set; thence leaving said right of way North 89°22’04” West a distance of 129.99 feet to an iron rod set; thence North 00°41’20” East a distance of 130.00 feet to an iron rod set; thence South 89°22’04” East a distance of 129.95 feet to the point of beginning.

Said parcel containing 0.39 acres, more or less; being situated in the SE ¼ of the NE ¼ of Section 21, Township 12 South, Range 5 east; and being all of Lot 25 and a portion of Lots 24 and 26 of Block 1 of Woodland Homes, according to the map or plat thereof as recorded in Plat Book “F”, Page 307, Etowah County, Alabama.

Parcel 3 of survey performed by Brent Means Land Surveying, LLC, dated July 24, 2013, #S13-058:

Commencing at a pinched pipe marking the Northeast corner of the SE ¼ of the NE ¼ of Section 21, Township 12 South, Range 5 East, run along the North line thereof North 89°55’43” West a distance of 844.85 feet to a ½” pipe on the Westerly right of way (60’) of Wood Avenue Southeast; thence along said right of way South 00°32’34” West a distance of 433.56 feet to a ¾” pipe; thence continue along said right of way South 00°54’41” West a distance of 107.57 feet to a ½” pipe; thence continue along said right of way South 00°40’02” West a distance of 173.75 feet to an iron rod set being a ½” rebar with plastic cap stamped “B MEANS LS 27727”, said iron marking the point of beginning; thence continue along said right of way South 00°40’02” West a distance of 130.00 feet to an iron rod set; thence leaving said right of way North 89°22’04” West a distance of 130.04 feet to an iron rod set; thence North 00°38’07” East a distance of 5.93 feet to a capped rebar (DOWDY); thence North 00°41’20” East a distance of 124.07 feet to an iron rod set; thence South 89°22’04” East a distance of 129.99 feet to the point of beginning.

Said parcel containing 0.39 acres, more or less, being situated in the SE ¼ of the NE ¼ of Section 21, Township 12 South, Range 5 East; and being all of Lot 27 and a portion of Lots 26 and 28 of Block 1 of Woodland Homes, according to the map or plat thereof as recorded in Plat Book “F”, Page 307, Etowah County, Alabama.

Parcel 4 of survey performed by Brent Means Land Surveying, LLC, dated July 24, 2013, #S13-058:

Commencing at a pinched pipe marking the Northeast corner of the SE ¼ of the NE ¼ of Section 21, Township 12 South, Range 5 East, run along the North line thereof North 89°55’43” West a distance of 844.85 feet to a ½” pipe on the Westerly right of way (60’) of Wood Avenue Southeast; thence along said right of way South 00°32’34” West a distance of 433.56 feet to a ¾” pipe; thence continue along said right of way South 00°54’41” West a distance of 107.57 feet to a ½” pipe; thence continue along said right of way South 00°40’02” West a distance of 303.75 feet to an iron rod set, said iron being a ½” rebar with plastic cap stamped “B MEANS LS 27727”, said iron marking the point of beginning; thence continue along said right of way South 00°40’02” West a distance of 130.00 feet to a capped rebar (DOWDY); thence leaving said right of way North 89°22’04” West a distance of 129.97 feet to a 3/8” rebar; thence North 00°38’07” East a distance of 130.00 feet to an iron rod set; thence South 89°22’04” East a distance of 130.04 feet to the point of beginning.

Said parcel containing 0.39 acres, more or less; being situated in the SE ¼ of the NE ¼ of Section 21, Township 12 South, Range 5 East; and being all of Lot 29 and a portion of Lot 28 of Block 1 of Woodland Homes Subdivision, according to the map or plat thereof as recorded in Plat Book “F”, Page 307, 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 property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the records of the Probate Court. The property will be sold without warrant, or recourse, express or implied as to title, use and/or enjoyment, and will be sold subject to the right of redemption of all parties entitled thereto. The mortgagee reserves the right to bid for and purchase the property and to credit its purchase price against the expenses of sale and the indebtedness secured by the property.

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

By:  David C. Livingston

Attorney for Mortgagee

P. O. Box 1621

Gadsden, AL 35902

(256) 546-9300

Nov 25, Dec 2 & 9, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Jeffery Lee Garrett and Lita Joyce Garrett, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 31st day of August, 2006, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3254475; 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 September 23, 2016 and recorded in said Probate Office in Instrument Number 3441165. 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 January 11, 2017, 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:

Lots 9, 10 and the East 25 feet of Lot 11, Block 3, of Mrs. Nena K. Elliott’s Homewood Addition to Gadsden, as recorded in Plat Book “C”, Page 218, Probate Office, Etowah County, Alabama.

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

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.: 49696-2219

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

Nov 25, Dec 2 & 9, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Sylvia Simpson, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, Regions Bank d/b/a Regions Mortgage, and Lender’s successors and assigns), dated the 9th day of April, 2010, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3330730; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, Regions Bank d/b/a Regions Mortgage, and Lender’s successors and assigns) to Regions Bank dba Regions Mortgage by virtue of that certain Corporate Assignment of Mortgage dated April 29, 2014 and recorded in said Probate Office in Instrument Number 3401402. 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 January 11, 2017, 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:

Lots Number Twenty-Six (26) and Twenty-Seven (27), in Block Five (5), in Rolling Green Park, according to the map or plat thereof recorded in Plat Book “C”, Page 238-239, Probate Office, 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.

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.: 49820-446

ATTORNEYS FOR ASSIGNEE

REGIONS BANK DBA REGIONS MORTGAGE

ASSIGNEE

Nov 25, Dec 2 & 9, 2016

______________

MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by VIRGIL W. NORWOOD, a single man, as mortgagor, to G & M HOMES, LLC, as mortgagee, dated the 2nd day of November, 2012, and appearing of record as Instrument Number 3376083, in the Office of the Judge of Probate for Etowah County, Alabama, and said default continuing, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder at 12:00 o’clock noon, on the 27th day of December, 2016, at the front door of the Etowah County Courthouse, Gadsden, Alabama, the following described real property situated in Etowah County, Alabama, to-wit:

Lot Number Four (4), Parcel Number Two (2), as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51-65, in the Office of the Judge of Probate of Etowah County, Alabama.

Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage, and will be made subject to the rights of redemption as provided by law.

By:  G & M HOMES, LLC

INZER, HANEY, McWHORTER & HANEY, LLC

Attorneys for Mortgagee

Post Office Drawer 287

Gadsden, Alabama 35902

256-546-1656

Nov 25, Dec 2 & 9, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sandra J. Vann, an unmarried woman, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Open Mortgage, LLC, on the 13th day of February, 2014, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3398197; the undersigned Live Well Financial Inc., 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 January 3, 2017, 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:

A parcel located in the NW 1/4 of the NW 1/4 of Section 34, Township 12 South, Range 6 East; East of the Huntsville Meridian, more particularly described as: Commence at the Northwest corner of said 1/4-1/4 Section; thence South 88 degrees 00 minutes East along the North line of said 1/4-1/4 Section a distance of 403.54 feet to the point of beginning of said parcel; thence South 02 degrees 32 minutes East a distance of 327.29 feet to the North line of Whorton Bend Road; thence South 89 degrees 56 minutes East along the North line of said Road a distance of 150.04 feet to a point; thence North 02 degrees 31 minutes West a distance of 332.32 feet to the North line of said 1/4-1/4 Section, thence South 88 degrees 09 minutes West along said 1/4-1/4 line a distance of 150.04 feet to the point of beginning.

Property street address for informational purposes:  1345 Whorton Bend Road, Rainbow City, AL 35906

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

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

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

The 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.

Live Well Financial Inc., Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

373572

Dec 2, 9 & 16, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 20, 2006, executed by John D. Bryant, a single man, Raynette Clark, a single woman, to Mortgage Electronic Registration Systems, Inc., as nominee for Metro Bank, which mortgage was recorded on April 21, 2006, in Instrument Number 3245309 and modified by that certain Loan Modification Agreement recorded July 18, 2006, in Instrument No. 3251086, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Ditech Financial LLC, a Delaware Limited Liability Company, 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 January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT SIX (6) OF STONECREST SUBDIVISION, PHASE II, AS RECORDED IN PLAT BOOK “L”, PAGE 49, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated.  This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

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

Ditech Financial LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 2, 9 & 16, 2016

______________

MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brandi Ray, a single woman, to Alabama Teachers Credit Union on the 18th day of July, 2014, said mortgage being recorded at Instrument #3404634, Mortgage Records, in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 27th day of December, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

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

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

Alabama Teachers Credit Union

BY:__/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Dec 2. 9 & 16, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on September 2, 2009 by Brian C. Daniels, an unmarried man and Debbie Davis, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for PHH Mortgage Corporation, and recorded in Instrument # at 3319697 on September 9, 2009, and modified in and corrected by Scrivener’s Affidavit recorded November 7, 2016 in Instrument #3442326, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to PHH Mortgage Corporation as reflected by instrument recorded in Instrument #, 3413615 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 December 28, 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:

Commence at the SE Corner of Lot Number 3, in Block Number 6, Wrights Village Subdivision as Recorded in Plat Book “C”, Page 255, Probate Office, Etowah County, Alabama, thence N 89° 35’ 13” W 110.42 feet, along the south line of said Lot No. 3 to the point of beginning of said parcel, thence N 89° 35’ 13” W 48.00 feet, along the south line of said Lot No. 3, thence N 3° 43’ 26” E 188.21 feet, to a point on the present right-of-way of Harlem Avenue, thence S 6° 50’ 00” W 189.96 feet, to the point of beginning; said parcel being a portion of Lot No. 3, in Block No. 6, Wrights Village Subdivision as Recorded in Plat Book “C”, Page 255, Probate Office, Etowah County, Alabama.

For informational purposes only, the property address is: 1511 Harlem Avenue, Gadsden, AL 35903.

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.

PHH Mortgage Corporation, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007405

Attorneys for Mortgagee or Transferee

Dec 2, 9 & 16, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 30, 2004, executed by Gene Story Smith and Dorothy Burger Smith, husband and wife, to Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial Network, Inc., which mortgage was recorded on February 3, 2004, in Doc. #M-2004-0437, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Ditech Financial LLC, A Delaware Limited Liability Company, 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 January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER SEVEN (7), BIG OAK ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “I”, PAGE 156, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, LYING AND BEING IN SOUTHSIDE, ETOWAH COUNTY, ALABAMA.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.  This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated.  This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

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

Ditech Financial LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 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 Roschelle Harp and husband, Stephen Paul Harp, to Alabama Teachers Credit Union on the 25th day of August, 2014, said mortgage being recorded  at Instrument#: 3406733, recorded in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 3rd day of January, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot 14, Block 2 of Oak Hills Subdivision as recorded in Plat Book “E”, Page 74-75, Probate Office, Etowah County, Alabama.

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

Alabama Teachers Credit Union

BY: Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Dec 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 27, 2013 by Leslie Solomon, an Unmarried Woman, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Acopia, LLC, and recorded in Instrument Number at 3381928 on March 5, 2013, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument Number, 3423216 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 January 3, 2017, 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:

A tract of land described as beginning at the Northwest corner of the SE 1/4 of the

Northwest 1/4. Section 17, Township 12 South, Range 5 East; thence north 2°30’ West a

distance of 12 feet, more or less, to an iron pin, which is also the Southwest corner of the J.P. Cook, Jr. lot as described in deed from J.P. Cook, Sr. to J.P. Cook, Jr.; thence in an Easterly direction along the North line of said J.P. Cook, Jr. tract and parallel with the North line of the Birmingham-Attalla Highway, a distance of 135 feet to an iron pin, which is also the SE Corner of said J.P. Cook, Jr. tract; thence South 2°30’ East a distance of 128 feet to an iron pin in the north line of Birmingham-Attalla Highway; thence in a Westerly direction and along the North line of the said Birmingham-Attalla Highway a distance of 135 feet to an iron pin; thence North 2°30’ west a distance of 116 feet to the point of beginning, being a part of Lots One and Two of Hammond Subdivision as shown by map or plat thereof as shown by Plat Book “C”, page 339, Probate Office, and being a portion of the east one-half of the Northwest 1/4 of Section 17, Township 12 South, Range 5 East of the Huntsville Meridian, lying and being in Etowah County, Alabama.

This is a purchase money mortgage, the proceeds of which have been applied toward the purchase price of the property described herein and conveyed to the mortgagor simultaneously herewith.

For informational purposes only, the property address is: 3573 Highway 11, S, 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.

JPMorgan Chase Bank, National Association, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007773

Attorneys for Mortgagee or Transferee

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 30, 2004, executed by Christie Bradford, a single woman, to CitiFinancial Corporation, LLC, which mortgage was recorded on December 2, 2004, in Doc. No. M-2004-5216, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiFinancial Servicing LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOTS NUMBER ONE (1) AND TWO (2) IN BLOCK “A”, IN ELLIOTT ADDITION NUMBER ONE (1) TO GADSDEN, ACCORDING TO THE MAP OR PLAT THEREOF AS THE SAME APPEARS OF RECORD IN THE BOOK OF TOWN PLATS “B”, PAGE 5, IN THE PROBATE OFFICE OF ETOWAH COUNTY, AND BEING AND LYING IN GADSDEN, ETOWAH COUNTY, ALABAMA.

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

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.

CitiFinancial Servicing LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated February 26, 2003, executed by Robert A. Turman and Charlotte Turman, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Gadsden Mortgage Services, Inc. as an Agent for Crescent Mortgage Services, Inc., which mortgage was recorded on March 5, 2003, in Doc No. M-2003-1009, 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 January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Twelve (12), Thirteen (13) and the South 10 ft. of Lot Eleven (11), all in Block Five (5) of the Highlands to Gadsden, as recorded in Plat Book “C”, Page 263, 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

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sam H. Yarbrough, unmarried, to Regions Bank, successor by merger to AmSouth Bank, on the 20th day of August, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Document M-2003-4714.

The undersigned Regions Bank, successor by merger to AmSouth Bank, as mortgagee, 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 Court House at Gadsden, Etowah County, Alabama, on the 10th day of January, 2017, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit:

Commence at a 1” pipe where the NW right-of-way line of Edwards Road (60’ R/W) intersects the East line of the SW ¼ of the NE ¼, Section 26, Township 11 S, Range 4 East of Huntsville Meridian, and run a Chord Bearing of S 27 degrees 48 minutes 40 seconds W, along said NW R/W line, a Chord Distance of 100.16 feet to a point; thence continue a Chord Bearing of S 27 degrees 48 minutes 40 seconds W along said NW R/W line, a Chord Distance of 54.41 feet to the point of beginning; thence continue a Chord Bearing of S 27 degrees 48 minutes 40 seconds W, along said NW R/W line, a Chord Distance of 45.59 feet to a point; thence continue a Chord Bearing of S 14 degrees 48 minutes 54 seconds W, along said NW R/W line, a Chord Distance of 200.00 feet to a point; thence deflect right and run N 40 degrees 00 minutes 00 seconds W, leaving said R/W, 350.00 feet to a point; thence deflect right and run N 14 degrees 19 minutes 13 seconds E, 115.38 feet to a point; thence deflect right and run N 28 degrees 07 minutes 54 seconds E, 45.54 feet to a point; thence deflect right and run S 53 degrees 00 minutes 00 seconds E, 309.74 feet to the point of beginning. Said property being portions of the NW ¼ of the SE ¼, and the SW ¼ of the NE ¼, Section 26, T-11-S, R-4-E, Etowah County, Alabama.

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

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

REGIONS BANK, SUCCESSOR BY MERGER TO AMSOUTH BANK

Mortgagee

W. L. LONGSHORE, III

Attorney for Mortgagee

LONGSHORE, BUCK & LONGSHORE, P.C.                          

The Longshore Building

2009 Second Avenue North

Birmingham, Alabama  35203-3703

Phone: 205-252-7661

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brandy Norris, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Countrywide Home Loans, Inc., on April 18, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number 3416973; and subsequently transferred to Ocwen Loan Servicing, LLC; and subsequently transferred  to RESIDENTIAL CREDIT SOLUTIONS, INC.; and subsequently transferred to DITECH FINANCIAL, LLC; DITECH FINANCIAL, 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 January 4, 2017, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

COMMENCING AT A POINT IN THE WEST LINE OF GOVERNMENT LOT 13, SECTION 9, WHICH POINT IS 850 FEET SOUTH OF THE NORTHWEST CORNER THEREOF AND FROM THENCE RUN SOUTHERLY AND ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 100 FEET TO A POINT; THENCE EASTERLY AND PARALLEL WITH THE NORTH LINE OF SAID LOT TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF THE BOAZ-ATTALLA HIGHWAY THE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 290.7 FEET TO A CAPPED METAL MARKER; THENCE NORTH 02 DEGREES 35 MINUTES 20 SECONDS WEST A DISTANCE OF 99.6 FEET TO A CAPPED METAL MARKER; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 290.70 FEET TO A METAL MARKER IN THE ABOVE WEST RIGHT-OF-WAY LINE OF SAID BOAZ-ATTALLA HIGHWAY; THENCE ALONG THE SAID RIGHT-OF-WAY SOUTH 02 DEGREES 35 MINUTES 20 SECONDS EAST A DISTANCE OF 99.6 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.66 ACRE, MORE OR LESS.

BEING THE SAME PROPERTY CONVEYED TO TERRY BENEFIELD, JR. AND WIFE BRANDY BENEFIELD, FOR AND DURING THEIR JOINT LIVES, AND UPON THE DEATH OF EITHER OF THEM, TO THE SURVIVOR BY DEED FROM BOBBY JOE NORRIS AND WIFE, MARY JO NORRIS RECORDED 12/22/1999 IN DEED BOOK 1999 PAGE 356, IN THE PROBATE JUDGE`S OFFICE FOR ETOWAH COUNTY, ALABAMA

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.

Federal Home Loan Mortgage Corporation

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH   

Default having been made in payment of the indebtedness secured by that certain mortgage given by Betty Reynolds, an unmarried woman, to Hardee Hester, dated July 28, 2011, recorded as Instrument Number: 3353577, Probate Office, Etowah County, Alabama, which mortgage was assigned to Bradley K. Hester by instrument dated July 17, 2014, and recorded as Instrument Number: 3404733, in said Probate Office, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable and said mortgage subject to foreclosure and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, the undersigned will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, 800 Forrest Avenue, Gadsden, Alabama, between the legal hours of sale on December 28, 2016, the following described real property situated in Etowah County, Alabama:

The North 56 feet of Lots Number One (1) and Three (3) in Block Number Twelve (12) in the Hill and Cansler Addition to Gadsden, according to the map or plat thereof recorded in Book of Town Plats “A”, Page 74, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama.

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

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

Dated: December 5, 2016

BRADLEY K. HESTER

BY:GEORGE C. DAY, JR.

Attorney for Mortgage Holder

Day & Welch, P.C.

1925 Rainbow Drive

Gadsden, Alabama 35901

(256) 543-1660

Dec 9, 16 & 23, 2016

______________

NOTICE TO FILE CLAIMS

CAROLYN CLINE FOSTER appointed Personal Representative(s) on November 10, 2016 Estate of HARRY DALE FOSTER, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

FREDA GALBREATH appointed Personal Representative(s) on November 16, 2016 Estate of JOHNNY RAY MERCHANT, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

SUSAN RENEE SKELTON AND HOWARD BISHOP SKELTON, III appointed Personal Representative(s) on November 9, 2016 Estate of HOWARD BISHOP SKELTON, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

JUDY N. DAVENPORT appointed Personal Representative(s) on November 8, 2016 Estate of NEAL FRANKLIN DAVENPORT, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

JOSEPH E GAMBERI, JR appointed Personal Representative(s) on October 27, 2016 Estate of ROSE MARIE GAMBERI, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

WILLIAM G. GULLEDGE appointed Personal Representative(s) on November 8, 2016 Estate of MARTHA B. BREEDLOVE, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

ROBERT IRVING MCCLURE, JR appointed Personal Representative(s) on November 4, 2016 Estate of MARION LAWRENCE FREEMAN, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

JACOB A. MILLICAN appointed Personal Representative(s) on October 18, 2016 Estate of DAVID LYNN ROBERTSON, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

KAREN ROWE JOHNSON & DENISE ROWE MILLER appointed Personal Representative(s) on November 8, 2016 Estate of WYNELL “PENNY” P. ROWE, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

STEVE MCGRADY appointed Personal Representative(s) on November 10, 2016 Estate of BELINDA MCGRADY, 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

Nov 25, Dec 2 & 9, 2016

______________

NOTICE TO FILE CLAIMS

JORDAN MCCARTNEY appointed Personal Representative (s) on November 22, 2016 Estate of TONYA MCCARTNEY 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

Dec 2, 9 & 16, 2016

______________

NOTICE TO FILE CLAIMS

STEVEN LUKE MAYBEN appointed Personal Representative (s) on November 17, 2016 Estate of STEVE DURAND MAYBEN 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

Dec 2, 9 & 16, 2016

______________

NOTICE TO FILE CLAIMS

MARGIE ELROD appointed Personal Representative (s) on November 18, 2016 Estate of MARVIN ELROD 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

Dec 2, 9 & 16, 2016

______________

NOTICE TO FILE CLAIMS

JACOB MILLICAN appointed Personal Representative (s) on November 22, 2016 Estate of LYNDA CLEMONS 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

Dec 2, 9 & 16, 2016

______________

NOTICE TO FILE CLAIMS

STEPHEN GREGORY  HELMS appointed Personal Representative (s) on November 10, 2016 Estate of MARY HONEYCUTT HELMS 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

Dec 2, 9 & 16, 2016

______________

NOTICE TO FILE CLAIMS

JANET VINYARD appointed Personal Representative (s) on November 28, 2016 Estate of MARTHA JO WHITMORE, 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

Dec 9, 16 & 23, 2016

______________

NOTICE TO FILE CLAIMS

LARRY JOSEPH GIBBS appointed Personal Representative (s) on November 23, 2016 Estate of ELOISE ELMER GIBBS, 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

Dec 9, 16 & 23, 2016

______________

NOTICE TO FILE CLAIMS

SUSAN FAMBROUGH CANIZALES AND JANET FAMBROUGH TOMLINSON appointed Personal Representative (s) on November 30, 2016 Estate of ARTHUR WAYNE FAMBROUGH, 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

Dec 9, 16 & 23, 2016

______________

NOTICE TO FILE CLAIMS

ALLYSON MOORE SCOTT appointed Personal Representative (s) on November 30, 2016 Estate of EDWARD RALPH MOORE, 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

Dec 9, 16 & 23, 2016

______________

NOTICE OF PUBLICATION

IN THE MATTER OF THE ADOPTION PETITION OF: CHRISTOPHER WILLIAM JOHNSON AND FRANCES DEANNA JOHNSON

NOTICE TO: JAMIE HENDRIX AND ANY UNKNOWN FATHER, ADDRESS UNKNOWN

You will take notice that a Petition for the Adoption of a minor child born unto Christina Dix, natural mother, set to be heard on the 17th day of January, 2017 at 11:30 a.m. filed on the 17th day of November, 2016, alleging that notice be provided to any potential unknown natural father whose name and whereabouts are unknown. Minor child’s birth date is November 24, 2004.

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 Mary K. Simmons, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, AL 35901.

Mary K. Simmons

P. O. Box 1344

Gadsden, AL 35902-1344

Bobby M. Junkins

Judge of Probate

Nov 25, Dec 2, 9 & 16, 2016

______________

RESOLUTION NO. R-460-16

Ordering Abatement of Nuisance                                                                      

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

418 PRINCETON AVENUE in District 2 in the City of Gadsden, more particularly described as:

Commencing 50 feet from the Southwest corner of Lot Number 62, East as a starting point, thence along the public road 100 feet, to the Southeast corner of said Lot 62, thence North along the line of said Lot 62, 303 feet to the Northeast corner of said lot, thence West along the North line of said lot, 30 feet, thence South 303 feet to the beginning point and being a part of lot 62 of the Indian Sutherlin estate as shown by map or plat thereof as recorded in Plat Book C, page 311 in the Office of the Judge of Probate of Etowah County, Alabama said property being and lying in the County of Etowah, State of Alabama; Less and except a lot or parcel of land commencing at the Southeast corner of Lot 62, and running North 148 feet, as a starting point; thence North along the Public road 155 feet to the Northeast corner of said Lot 62, thence West 30 feet, thence South 150 feet, thence East 80 feet to the point of beginning and being a part of lot 62 in the Indian Sutherlin Estate as shown by map or plat thereof as recorded in Plat Book C, page 311 in the Office of the Judge of Probate of Etowah County, Alabama. Said property being and lying in the County of Etowah and State of Alabama.

Less and Except:

A part of the SE 1/4 of NW 1/4, Section 35, Township 11 South, Range 6 East, identified as Tract NO. 67 on project No ACSTPAA-0137(013) in Etowah County, Alabama and being more fully described as follows: Commencing at the SW corner of the SE 1/4 of the NW 1/4 Section 35, Township 11 South, Range 6 East, thence North 60 degrees 8 minutes 35 seconds East a distance of 362.07 feet to a point that is 110 feet Southerly of and at right angles to the centerline of said project at Station 141+15.47; thence following the curvature thereof and arc distance of 184.69 feet (said arc having a chord bearing of North 87 degrees 21 minutes 26 seconds East, a counterclockwise direction, a chord distance of 184.64 feet and a radius of 2402.00 feet), to the grantor’s West property line, which is the point of beginning; thence following the curvature thereof an arc distance of 61.10 feet (said arc having a chord bearing of North 84 degrees 09 minutes 28 seconds East, a counterclockwise direction, a chord distance 0161.04 feet and a radius of 2402.00 feet) to a point that is 110 feet Southerly of and at right angles to said centerline at Station 143+50; thence South 54 degrees 30 minutes 28 seconds East a distance of 62.19 feet to a point that is 50 feet Westerly of and at right angles to the centerline of Auburn Avenue at Station 25+00; thence South 18 degrees 35 minutes 54 seconds East a distance of 108.04 feet to a point on the Northerly right of way of Princeton Avenue said point being 40 Westerly of and at right angles to the centerline of Auburn Avenue at Station 26+07.58; thence North 89 degrees 47 minutes 24 seconds East and along said right of way a distance of 28.23 feet to a point on the Westerly right of way of Auburn Street; thence North 13 degrees 48 minutes 46 seconds West and along said right of way a distance of 161.06 feet; thence North 89 degrees 51 minutes 55 seconds West a distance 01135.86 feet; thence South 0 degrees 25 minutes 24 seconds East a distance of 24.26 feet; to the point and place of beginning, containing 0.202 acres, more or less; And as shown on the right of way map of record in the Alabama Department of Transportation a copy of which is also deposited in the office of the Judge of Probate as an aid to persons and entities interested therein and as shown on the Property Sketch attached hereto and made a part hereof.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and certain rights of redemption of The Estate of C.E. Loftis, Jr.;

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 November 29, 2016.

      

Iva Nelson, City Clerk          

Dec 9, 2016    

______________

RESOLUTION NO. R-461-16

Ordering Abatement of Nuisance

                                                                       

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

525 LINE STREET in District 3 in the City of Gadsden, more particularly described as:

The West Half (W ½) of Lot Number fourteen (14) in the H. Herzberg Trustee Addition of the City of Gadsden, according to survey and plat of said Addition recorded in Book of Town Plats “A”, Page 89, in the Probate Records of Etowah County, Alabama, said property lying and being situated in the city of Gadsden, Etowah County, Alabama, together with all improvements located thereon and all furnishings and fixtures located in said house on said real estate.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Kenneth Fox, 525 Line 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 November 29, 2016.

      

Iva Nelson, City Clerk            

Dec 9, 2016

______________

RESOLUTION NO. R-462-16

Ordering Abatement of Nuisance

                                                                       

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

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

Lot 15 in Block 1, Elliott Addition Number Three (3), as recorded in Plat Book “B”, Page 181, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL 36132, with possible redemption rights of LAWRENCE J. AULS;

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.

           

I certify that this resolution was duly adopted by the City Council of Gadsden, Alabama, at an open public meeting held on November 29, 2016.

                                          

Iva Nelson, City Clerk         

Dec 9, 2016     

______________

RESOLUTION NO. R-463-16

Ordering Abatement of Nuisance

                                                                       

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

9 MARSTON AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Eighty-Seven (87) in Parcel Three (3) in Property of Cone Mills Corporation, Dwight Division, according to the map or plat thereof recorded in Plat Book “F”, Pages 51-65, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, with certain rights of redemption of Federal National Mortgage Association;

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 November 29, 2016.

      

Iva Nelson, City Clerk             

Dec 9, 2016

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF BILLY R. LIPSCOMB, DECEASED

NOTICE TO THE UNKNOWN OR UNDISCLOSED NEXT OF KIN OF BILLY R. LIPSCOMB

You will take notice that a Petition filed by Josh Horton of Glencoe-Hokes Bluff Funeral Chapel for the disposition of the remains of Billy R. Lipscomb, who passed away from this life and stepped into eternity on the 4th day of December, 2016, is set to be heard on the 13th day of December, 2016 at 2:30 p.m., alleging that there are no known next of kin to take custody of the remains of the Decedent.

Please be advised that should you intend to contest this matter or desire to take custody of the remains of the Decedent for proper disposition, you must file a written response within two (2) days of the date of the last publication herein with Rodney L. Ward, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Rodney Ward

827 Chestnut Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Dec 9, 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 January 20, 2017 for charges due.

1996 Chevrolet Cavalier VIN: 1G1JC12 47TM116657

1995 Jeep Grand Cherokee VIN: 1J4GZ78Y 2SC632744

ER Towing & Recovery

827 Jones St. Gadsden, Al 35901

PH: 256-547-1549 Fax: 256-543-1559

Dec 9 & 16, 2016