Legals for the week of Dec. 30, 2016 - Jan. 6, 2016

January 3, 2017 chris
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MORTGAGE FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated August 5, 2009, executed by David H. Handford, a married man, and wife, Shirley Handford, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Goldstar Mortgage, Inc., said Mortgage being recorded August 5, 2009, in Inst. #3317855 in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Trustmark National Bank by instrument recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said default continues and notice is hereby given that the undersigned, Trustmark National Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on 01/18/2017, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit:

      

Lot Number Three (3), in Block F, Clubview Heights Supplemental Addition, according to the map or plat thereof recorded in Plat Book E, pages 242 and 243, Probate Office, Etowah County, Alabama.

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, 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. 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 mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.

Trustmark National Bank

Paul K. Lavelle

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

(205) 298-1800

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joy Sanders, a single individual, originally in favor of The Provident Bank, Inc., on the 5th day of August, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2003-4408; the undersigned Wells Fargo Bank, National Association, successor by merger to Wells Fargo Bank Minnesota, National Association, as Trustee f/k/a Norwest Bank Minnesota, National Association, as Trustee for Structured Asset Investment Loan Trust, 2003- BC12, 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 17, 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:

Lots numbers Nine (9) and Ten (10) and all that portion of the original Garvin Street lying between Lot No. 9 and the Northwest line of Garvin Street as dedicated by M.F. Wall to City of Gadsden by Instrument dated November 29th, 1964, and recorded in Miscellaneous record 45, pages 567 to 71, inclusive, all in Block Number Six (6), all the foregoing lands being in M.F. Wall’s Subdivision, according to the map thereof recorded in Plat Book E, page 57, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama, subject to the rights of the Alabama Power Comp any as described in Instruments recorded in Book S-S, page 10, Book 5-V, page 524, Book 319 page 439, Book 374, page 513, Book 848, page 441, and subject to the rights of the Water Works and sewer board of the City of Gadsden, Alabama, as described in Instrument recorded in Book 605, page 515, all of said books being in the Probate Office, Etowah County, Alabama.

Property street address for informational purposes:  1308 Garvin Street, Gadsden, AL 35901

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

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

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

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

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

This sale is subject to postponement or cancellation.

Wells Fargo Bank, National Association, successor by merger to Wells Fargo Bank Minnesota, National Association, as Trustee f/k/a Norwest Bank Minnesota, National Association, as Trustee for Structured Asset Investment Loan Trust, 2003- BC12, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

381657

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on December 18, 2006 by Walter Barry Maxwell and wife Susan Maxwell, originally in favor of American General Financial Services of Alabama, Inc., and recorded in Instrument # 3261410 on December 19, 2006, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Nationstar Mortgage LLC as reflected by instrument recorded in 3424237 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 11, 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:

The north half (1/2) of the northeast quarter (NE 1/4) of the northwest quarter (NW 1/4) of section twelve (12), township eleven (11) south, range four (4) East of Huntsville Meridian, Etowah county, Alabama.

Subject to easement conveyed to Hooper Telecommunications Company, Inc. in doc #D-1998-1655.

Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set back lines of record.

For informational purposes only, the property address is: 461 Toney Dr, Altoona, AL 35952.

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.

Nationstar Mortgage LLC, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 16-011585

Attorneys for Mortgagee or Transferee

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Melinda Patterson to Farmers & Merchants Bank, on the 7th day of January, 2010, said mortgage being recorded in Instrument #3342590, in the Office of the Judge of Probate of Etowah County, Alabama; said default continuing, notice is hereby given that the undersigned, Farmers & Merchants 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, at the main entrance of the County 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: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SE CORNER OF THE SE 1/4 OF THE SW 1/4; THENCE RUN NORTH 2° EAST AND ALONG THE EAST LINE OF SAID FORTY 1143 FEET TO THE SOUTHERLY LINE OF THE GADSDEN-PIEDMONT HIGHWAY; THENCE NORTH 88° WEST AND ALONG THE SOUTHERLY LINE OF SAID HIGHWAY 290.4 FEET; THENCE SOUTH 2° WEST AND PARALLEL WITH THE EAST LINE OF SAID FORTY TO A POINT IN THE SOUTH LINE OF  SAID FORTY; THENCE EAST AND ALONG THE SOUTH LINE OF SAID FORTY 291.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING A PART OF THE SE 1/4 OF THE SW 1/4, SECTION 13, TOWNSHIP 12 SOUTH, RANGE 7 EAST OF THE HUNTSVILLE MERIDIAN IN ETOWAH COUNTY, ALABAMA, SAVE AND EXCEPT ALL THE MINERALS, MINERAL AND MINING RIGHTS AND PRIVILEGES IN, UNDER AND UPON THE SAME AND BEING SUBJECT TO THE RIGHTS OF ALABAMA POWER COMPANY DESCRIBED IN DEED RECORDS 5-V, PAGE 530, 6-D AT PAGE 347 AND 7-A PAGE 229, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA. This property will be sold on an “as is, where is” basis, subject to any easement, 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. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as, the expenses of foreclosure, including a reasonable attorney’s fee and other purposes as set out in said mortgage. 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. Farmers & Merchants Bank Mortgagee Alan Hunt ALAN HUNT LLC 126 S Center Ave Piedmont AL 36272 (256) 447-0055 Attorney for Mortgagee.

Dec 16, 23 & 30, 2016’’

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 8, 2005, executed by Harold Kenneth McClellan and Lori A. McClellan, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Southeastern Financial, Inc., which mortgage was recorded on July 11, 2005, in Document No. M-2005-2855, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on February 7, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots 4, 5 and the South 1/2 of Lot 6, save and except the West 20 feet embraced within a dedicated street, in Block E of the Sims Addition to Glencoe, according to the map or plat thereof recorded in Plat Book C, Page 227, Probate Office, Etowah County, Alabama, and lying and being in Glencoe, Etowah County, Alabama.

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

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

Ditech Financial LLC f/k/a Green Tree Servicing LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Peter Cashman and Olivia Cashman, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for The Mortgage Outlet, Inc., on the 30th day of April, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc Number M-2004-1973; the undersigned HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust, Home Equity Asset-Backed Certificates, Series 2004-2, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on March 7, 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:

Lots Number Eight (8) and Nine (9), Block Number Two (2) according to Singleton’s Survey of J.S. Stewart Property in Fraction 20, Section 34, Township 11 South, Range 5 East, according to the map thereof recorded in Plat Book A, Pages 82 and 83, Probate Office Etowah County, and lying and being in Attalla, Etowah County, Alabama.

Property street address for informational purposes:  1135 5th Ave NW, Attalla, AL 35954

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

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

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

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

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

This sale is subject to postponement or cancellation.

HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust, Home Equity Asset-Backed Certificates, Series 2004-2, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

403629

Dec 23, 30, 2016 & Jan 6, 2017

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jerry V. Clowdus and Brenda C. Smith, husband and wife, to Regions Bank, successor by merger to AmSouth Bank, on the 1st day of April, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Document M-2004-1699 in the aforesaid office.

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 26th day of January, 2016, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Eight (8) in Parkwood Highlands, according to the plat or map thereof as the same appears of record in Plat Book “I”, page 29, 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 30, 2016, Jan 6 & 13, 2017

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Amy McKinney A/K/A Amy Moore and husband, Steve Moore, to Mortgage Electronic Registration Systems, Inc., as a nominee for Meritage Mortgage Corporation., on April 30, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, M-2002-2387; and subsequently transferred to U.S. Bank National Association, as Trustee for Home Equity Mortgage Trust Series 2005-5 Home Equity Pass-Through Certificates, Series 2005-5; U.S. Bank National Association, as Trustee for Home Equity Mortgage Trust Series 2005-5 Home Equity Pass-Through Certificates, Series 2005-5, 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 19, 2017, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER THREE (3) AND THE SOUTH ONE HALF OF LOT NUMBER TWO (2) IN BLOCK TWO (2) OF UNIT #1 OF E. L. PERMAN`S FIRST ADDITION TO CLOVERDALE.AS RECORDED IN PLAT BOOK F, PAGE 389, PROBATE OFFICE, ETOWAHCOUNTY. 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.

U.S. Bank National Association, as Trustee for Home Equity Mortgage Trust Series 2005-5 Home Equity Pass-Through Certificates, Series 2005-5

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Dec 30, 2016, Jan 6 & 13, 2017

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed to Mortgage Electronic Registration Systems, Inc., as nominee for PHH Mortgage Corporation on September 2, 2009, by Brian C. Daniels, an unmarried man and Debbie Davis, and recorded in Instrument #, 3319697 and modified in and corrected by Scrivener’s Affidavit recorded November 7, 2016 in Instrument #3442326, 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, LLP, as counsel for the Mortgagee or Transferee, under and by virtue of the power of sale contained in the said mortgage will sell at public outcry to the highest bidder for cash in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, Etowah County, Alabama, on the December 28, 2016, 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.

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

For informational purposes only, the property address is:  1511 Harlem Avenue, Gadsden, AL 35903.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Five Thousand Dollars and no/100 ($5,000.00) must be tendered in certified funds at the time and place of the sale by the purchaser as a non-refundable deposit.  The balance of the purchase price must be paid in certified funds within 24 HOURS thereafter at the law offices of Shapiro and Ingle, LLP, 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216, 704-333-8107.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

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

The Messenger Newspaper – Run ad: December 2, 2016, December 9, 2016, and December 16, 2016

The public sale provided for hereinabove was postponed on December 28, 2016, by public announcement being made at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  The foreclosure sale described hereinabove shall be held on the January 11, 2017, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

Dec 30, 2016

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NOTICE TO FILE CLAIMS

DEBRA HARRIS BATTLES appointed Personal Representative (s) on October 11, 2016 Estate of MYRTLE HARRIS, 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 16, 23 & 30, 2016

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NOTICE TO FILE CLAIMS

NEVA TELISA HILBURN appointed Personal Representative (s) on November 30, 2016 Estate of CAROL ANNETTE ELLISON, 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 16, 23 & 30, 2016

______________

NOTICE TO FILE CLAIMS

SHELETHA MCGHEE appointed Personal Representative (s) on December 7, 2016 Estate of CORNELIUS LEWAYNE PILOT, 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 23, 30, 2016, Jan 6, 2017

______________

NOTICE TO FILE CLAIMS

NORMA EILEEN MORGAN appointed Personal Representative (s) on December 2, 2016 Estate of JERRY ALLEN MORGAN, 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 23, 30, 2016, Jan 6, 2017

______________

NOTICE TO FILE CLAIMS

RICHARD A. DOBBS appointed Personal Representative (s) on November 1, 2016 Estate of ROBERT WALTER DOBBS, 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 23, 30, 2016, Jan 6, 2017

______________

NOTICE TO FILE CLAIMS

VICKY SNOWDEN appointed Personal Representative (s) on December 12, 2016 Estate of MARTHA MANORD, 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 23, 30, 2016, Jan 6, 2017

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NOTICE TO FILE CLAIMS

JOAN E. DUNCAN appointed Personal Representative (s) on December 6, 2016 Estate of DEBRA RENEE TIDWELL, 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 30, 2016, Jan 6 & 13, 2017

______________

NOTICE TO FILE CLAIMS

JEANETTE RIDGEWAY appointed Personal Representative (s) on November 28, 2016 Estate of WYONA L. SMOTHERS, 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 30, 2016, Jan 6 & 13, 2017

______________

NOTICE TO FILE CLAIMS

DOROTHY RAMOS appointed Personal Representative (s) on December 19, 2016 Estate of JAMES MELTON NELMS, 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 30, 2016, Jan 6 & 13, 2017

______________

NOTICE TO FILE CLAIMS

DARRELL TODD WAGNON appointed Personal Representative (s) on December 12, 2016 Estate of LINDA JOYCE KLYCE, 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 30, 2016, Jan 6 & 13, 2017

______________

LEGAL NOTICE 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-9284

In Re: TIFFANY BILLS

TO: UNKNOWN NAME AND UNKNOWN ADDRESS

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

You will take notice that a Petition for Letters of Guardianship and Conservatorship of Tiffany Bills, was filed in my office for Probate by the Department of Human Resources, and that January 24, 2017 at 3:00 p.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Dec 23, 30, 2016 & January 6, 2017

______________

PUBLICATION ON ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A CHILD BORN TO TAMMY LYNN HUGGINS, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a child born to Tammy Lynn Huggins, Natural Mother, set to be heard on February 21, 2017 at 10:00 a.m., was filed on the 9th day of December, 2016 alleging that the identity of the natural parent of said minor child is unknown and 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 4/28/04.

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 Petitioner’s attorney, whose name and address is shown below and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901.

DONE this 9th day of December, 2016.

Myron K. Allenstein

141 S. 9th Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Dec 16, 23, 30, 2016, Jan 6, 2017

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LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-9292

IN RE: ANNE E. COLUMBIE

TO: EVONNE SNOWDEN, ADDRESS UNKNOWN

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

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Anne E. Columbie, was field in my office for Probate by the Department of Human Resources, and that the 7th day of February, 2017, at 11:00 a.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Attorney for Petitioner:

Mary K. Simmons

P. O. Box 1344

Gadsden, AL 35901

256-546-0500

Dec 30, 2016, Jan 6 & 13, 2017

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ADVERTISEMENT FOR BIDS

Sealed bids, subject to the conditions contained herein, will be received by the City of Attalla until 9:00 A.M. CDT, Friday, February 10, 2017, and then publicly opened and read at the office of Attalla City Hall located at 420 Fourth Street NW, Attalla, AL 35954 for furnishing all labor and materials and performing all work for construction of:  RAIL SPUR, GRADING, DRAINAGE, AND EROSION CONTROL FOR THE CITY OF ATTALLA, AL TO SERVE GADSDEN WAREHOUSING.

The project consists of construction of a new rail spur to serve Gadsden Warehousing in Attalla, AL. Project to include rail spur, grading, and drainage construction.

The CONTRACT DOCUMENTS AND PLANS may be examined at the office of the City of Attalla, AL; and  at the office of Goodwyn, Mills and Cawood, Inc. in Birmingham, AL.

Copies of the CONTRACT DOCUMENTS AND PLANS may be obtained at the office of Goodwyn, Mills and Cawood, Inc. upon payment of $100.00 for each set.  Said cost represents the cost of printing, reproduction, handling, and distribution, therefore no refund will be granted.  No partial sets, individual pages or drawing sheets will be provided.  No documents will be issued within 48 hours prior to bid opening.

All bidders must comply with the President’s Executive Order Number 11246 which prohibits discrimination in employment regarding race, creed, color, sex or national origin.  All bidders must comply with title VI of the Civil Rights Act of 1964, the Davis-Bacon Act, the Anti-Kickback Act and the Contract Workhours Act.  The attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the Contract, Section 3, Segregated Facilities, Section 109 and E.O. 11246.

The Owner reserves the right to waive any informalities, or to reject any or all bids, and to award the contract to the lowest, most responsive and responsible bidder. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted.  Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders.

All Contractors preparing Bids for the referenced project shall submit a list of similar projects “successfully completed” in the last 5 years, having the same scope of work with construction cost similar to or greater than this project.  All nonresident contractors preparing bids shall submit with the bid documents evidence of a current Alabama General Contractor’s License, evidence (with original seal of the State of Alabama) of proper registration with the Alabama Secretary of State as a foreign corporation, and a Certificate of Good Standing as a Foreign Corporation from the State of Alabama

Department of Revenue.  Bids submitted by a nonresident contractor without these documents included will be rejected.

Guarantee will be required with each bid for at least 5% of the amount of the bid filed in the form of a certified check, Bid Bond, or irrevocable Letter of Credit acceptable to the owner payable to the City of Attalla.  Bid Bonds shall include certification that the bonding company is listed in Circular 570 of the U.S. Treasury Department. The name, address, telephone number, and contact person for the bonding company shall also be included.

No bidder may withdraw his bid within 90 days after the opening thereof.  Bids may be held by the Owner for a period not to exceed ninety (90) days from the date of opening of bids for the purpose of reviewing the bids and investigating the qualifications of the bidders prior to awarding the contract.  This project is being funded in part by CDBG Project No. LR-ED-PF-15-007.

The successful bidder will be required to submit 100% performance and payment bonds or an irrevocable “Letter of Credit” which is acceptable to the Owner.  All bonds and letters of credit shall be for 100% of the contract price.  Attention of Bidders is called to the license required by Title 34, Chapter 8, of the code of Alabama, 1975, and amendments thereto, relating to the licensing of General Contractors.   No bid will be accepted from anyone, except a qualified Contractor, licensed by the State Licensing Board for General Contractors, unless otherwise required by the State Licensing Board.

All bids SHALL be submitted in the Contract Specifications Book as issued by the Engineer.  All bids shall be submitted in a sealed envelope bearing on the outside the name of the Bidder, Bidder’s license number, license expiration date, category, address and name of the project.  Envelopes containing bids must be addressed as follows, and delivered to Mr. Larry Means, Mayor, City of Attalla, 420 Fourth Street NW, Attalla, AL 35954:  “BID FOR RAIL SPUR, GRADING, DRAINAGE, AND EROSION CONTROL FOR THE CITY OF ATTALLA, AL TO SERVE GADSDEN WAREHOUSING” – CDBG PROJECT NO. LR-ED-PF-15-007”. 

The City of Attalla is an equal opportunity employer.

Larry Means, Mayor

Goodwyn, Mills and Cawood, Inc.

2701 1st Avenue South, Suite 100

Birmingham, Alabama 35233

TEL (205) 879-4462

FAX (205) 879-4493

Dec 30, 2016

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NOTICE OF ANNULMENT

Emily A. Pena Reed, whose whereabouts is unknown, must answer the complaint of David Reed by answering an Annulment and other relief by February 10, 2017 or thereafter a judgment of default may be rendered against her in Civil Action No. DR-16-900463-WBO.

Dated: December 12, 2016.

Cassandra Johnson

Dec 16, 23, 30, 2016, Jan 6, 2017

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on January 30, 2017 for charges due.

1997 Cadillac Deville VIN# 1G6KD5 2Y2VU206923

2008 Audi Q7 VIN# WA1BY64 L78D004 120

1999 Jaquar VDP VIN# SAJKD6046 XC870364

Tony’s Towing

305 Noccalula Drive

Gadsden, AL 35904

Dec 23 & 30, 2016

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on January 30, 2017 for charges due.

2006 Chevrolet Tahoe VIN# 1GNEK132 96R167596

Uni Towing

2075 US Highway 77

Attalla, Alabama

Dec 23 & 30, 2016

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following abandoned vehicle (s) on February 3, 2017 for charges due.

1998 Ford Crown Victoria VIN: 2FAFP7 4W6WX115005

1995 Lexus SC400 VIN: JT8UZ30C9S 0044275

ER Towing & Recovery

827 Jones St. Gadsden, Al 35901

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

Dec 30, 2016 & Jan 6, 2017