Legals for the week of September 1-September 8, 2017

September 15, 2017 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 Rex A. Saye, a married man, to The Exchange Bank of Alabama on the 6th day of June, 2013, recorded as Instrument Number 3386815, in the Office of the Judge of Probate, Etowah County, Alabama; Said 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 such defaults continuing, notice is hereby given that, acting under 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 September 11, 2017, the following described real property situated in Etowah County, Alabama:

PARCEL ONE:

Commence at an existing 3” pipe a the Southwest corner of the NW 1/4, Section 36,T-11-S, R-3-East of Huntsville Meridian and run N89°42’58”E, along the South line thereof, 1167.89 feet to a point on the Northeasterly R/W of Alabama Highway #132 (140’ R/W) and the point of beginning of the property described herein; thence continue N89°42’58”E, leaving said R/W and along the South line of said NW 1/4, 234.54 feet to a point; thence run N45°58’23”E, leaving said South line, 17.04 feet to a point; thence run N29°15’46”E, 74.39 feet to a point; thence run N45°54’44”E, 71.61 feet to a point; thence run S75°22’01”E, 18.17 feet to a point; thence run S45°43’49”E, 26.71 feet to a point; thence run S37°50’33”E, 92.27 feet to a point; thence run S00°59’27”W, 29.52 feet to a point on said South line; thence run N89°42’58”E, along said South line, 51.95 feet to a point; thence run N00°30’24”E, leaving said South line, 118.67 feet to a point; thence run N36°37’06”E, 60.84 feet to a point; thence run N74°56’32”E, 135.95 feet to a point; thence run N00°59’30”E, 184.79 feet to an existing “Owens” capped rebar; thence run S89°53’54”W, 379.23 feet to a point; thence run S26°04’20”E, 108.34 feet to a point; thence run S16°48’01”W, 76.30 feet to a point; thence run S76°03’35”W, 86.09 feet to a point on the centerline of a 30.00 access easement; thence run the following along said centerline, N10°14’07”W, 55.07 feet to a point; N18°54’00”W, 53.05 feet to a point and N26°04’21”W, 96.55 feet to an existing “Owens” capped rebar; thence run S70°43’11”W (M) S70°37’57”W ( R), leaving said centerline, 490.91 feet to an existing concrete R/W monument on said R/W; thence run the following along said R/W, S12°28’20”W, 49.90 feet to an existing concrete R/W monument; S47°37’51”E, 86.22 feet to an existing concrete R/W monument and a chord bearing and distance of S65°42’52”E, 292.12 feet to the point of beginning. Said property being a portion of the SW 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4, Section 36, T-11-S, R-3-E, Etowah County, Alabama and contains 5.69 acres(more or less). Being subject to a 30.00 feet access easement as described in D-“2003”-4704, Etowah County Probate Office.

(Description from survey prepared by Jerry L. Dowdy, Registered Surveyor #: 18979, dated April 16, 2013)

Property address: 5268 Main Street, Altoona, AL 35952

Tax parcel #: 07-07-36-0-000-002.004

PARCEL TWO:

Commence at an existing 3” pipe at the Southwest corner of the NW 1/4, Section 36, T-11-S, R-3-East of Huntsville Meridian and run N89°42’58”E, along the South line thereof, 1647.23 feet to the point of beginning of the property described herein; thence continue N89°42’58”E, along said South line, 165.13 feet to an existing “Owens” capped rebar; thence run N00°59’27”E, leaving said South line, 202.03 feet to a point; thence run S74°56’32”W, 135.95 feet to a point; thence run S36°37’06”W, 60.84 feet to a point; thence run S00°30’24”W, 118.67 feet to the point of beginning. Said property being a portion of the NW 1/4, Section 36, T-11-S, R-3-E, Etowah County, Alabama and containing 0.67 acre (more or less).

There is a 12 feet easement to said property, the centerline being more particularly described as follows: Commence at an existing 3” pipe at the Southwest corner of the NW 1/4, Section 36, T-11-S, R-3-East of Huntsville Meridian and run N89°42’58”E, along the South line thereof, 1647.23 feet to a point; thence continue N89°42’58”E, along said South line, 165.13 feet to an existing “Owens” capped rebar; thence run N00°59’27”E, leaving said South line, 202.03 feet to a point; thence run S74°56’32”W, 135.95 feet to the point of beginning of said centerline; thence run the following chord bearings and distances along said centerline, S36°37’06”W, 60.84 feet; S52°10’33”W, 23.49 feet; S41°12’17”W, 44.03 feet; thence S82°27’00”W, 22.91 feet; N44°57’21”W, 29.00 feet; N40°19’33”w, 39.87 feet; N60°31’29”W, 30.26 feet; S55°05’28”W, 32.45 feet and S41°33’47”W, 88.88 feet to a point on the centerline of 30.00 feet access easement described in Document 2003-4704, Etowah County Probate Office and the end of said 12.00 feet easement.

Description from survey prepared by Jerry L. Dowdy, Registered Surveyor #: 18979, dated April 5, 2012)

Property address: 5272 Main Street, Altoona, AL 35952

Tax parcel #: 07-07-36-0-000-002.006

Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any, and all other liens, restrictions or encumbrances on record.

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 person avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

THE EXCHANGE BANK OF ALABAMA

By: /s/Laura T. Lloyd

TURNBACH, WARREN, LLOYD, FREDERICK & SMITH, P.C.

P. O. Box 129/200 Chestnut Street

Gadsden, Alabama  35902-0129

(256) 543-3664

Aug 18, 25 & Sept 1, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Johnny Israel Johnston and Patricia Ann Herring Johnston, husband and wife, to Dead Oak Properties, LLC, an Alabama limited liability company, dated March 15, 2017, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3448060; the undersigned mortgage owner, Dead Oak Properties, LLC, an Alabama limited liability company, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 26th day of September, 2017, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

Lot Number Eight (8) in Block Number Four (4) of the James H. Pruett Addition to the City of Gadsden, according to the map thereof recorded in Plat Book “D”, Page 135, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

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

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

Dead Oak Properties, LLC

An Alabama limited liability company

Mortgage Owner

COPELAND LAW, LLP

Attorneys for owner

Aug 25, Sept 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Joe W. Ramey and Amy Ramey, husband and wife, to Regional Land and Development, LLC, an Alabama limited liability company,  dated June 12, 2015, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3419166; the undersigned mortgage owner, Regional Land and Development, LLC, an Alabama limited liability company, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 26th day of September, 2017, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

Lot 20 in Block 4 in James H. Pruett Addition to Gadsden, according to the map thereof recorded in Plat Book “D”, Page 135, Probate Office, Etowah County, Alabama; lying and being in Gadsden, Etowah County, Alabama.

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

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

Regional Land and Development, LLC

An Alabama limited liability company

Mortgage Owner

COPELAND LAW, LLP

Attorneys for owner

Aug 25, Sept 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tom J. Hancock and wife, Pamela I. Hancock, to Alabama Teachers Credit Union on the 27th day of March, 2015, said mortgage being recorded at Instrument #3415775, Record of Mortgages, 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 18th day of September, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot 6 of the Akridge Subdivision to Glencoe, Alabama as recorded in Plat Book “I”, Page 158, Probate Office, Etowah County, Alabama, and Lot 7 of the Akridge Subdivision Resurvey of Lots 7 through 15, being more particularly described as follows:  Begin at the NE corner of the above referred to Lot 6 of the original Akridge Subdivision to Glencoe, Alabama and from thence run in an Easterly line a distance of 193.2 feet to a point 6.87 feet South of the North boundary line of the North ½ of the SW ¼ of the NE ¼; thence run in a Southerly direction a distance of 173.45 feet to a point on the North boundary of Jimmy Drive; thence run in a Westerly direction and along the North boundary line of said Jimmy Drive a distance of 193.2 feet to a point; thence run in a Northerly direction a distance of 175.3 feet to the point of beginning, all being portions of the North ½ of the SW ¼ of the NE ¼ of Section 28, Township 12 South, Range 7 East of the Huntsville Meridian, lying and being in 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.  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.

Alabama Teachers Credit Union

/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

Aug 25, Sept 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Albert M Harrold Jr, an unmarried man, to Regions Bank d/b/a Regions Mortgage, on March 13, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3266592; Regions Bank d/b/a Regions Mortgage, 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 September 19, 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 Number One (1) of the Rearrangement of Block Number One (1) of Mountainbrook Addition as recorded in Plat Book “E”, Page 45, Probate Office, 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.

Regions Bank d/b/a Regions Mortgage

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Aug 25, Sept 1 & 8, 2017

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Donal Neal Cline and wife, Debbie Cline, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Home Point Financial Corporation, a New Jersey Corporation, on the 26th day of August, 2015, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3423433; the undersigned Home Point Financial Corporation, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 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:

Parcel One: Lot Number Fifteen (15) in Block Number Five (5), and a lot or parcel of land described as commencing at the Intersection of the dividing line between Lots Nos. 14 and 15 with the Southeasterly line of Carnahan Drive as shown by the Map of 1st Addition to Mountain Brow Estates, recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book of Town Plats “F”, page 359; and from thence run in a Southwesterly direction along said Southeasterly line of Carnahan Drive a distance of 20 feet to a point; and from thence run in a Southeasterly direction and parallel with said dividing line between Lots 14 and 15 a distance of 220 feet to a point in the Southeasterly line of Lot No. 14; and from thence run in a Northeasterly direction along said line of Lot No. 14; a distance of 20 feet to the intersection of said Southeasterly line of Lot No. 14 with said dividing line between Lots 14 and 15; and from thence run in a Northwesterly direction along said dividing line between Lots 14 and 15 a distance of 200 feet to the Point of Beginning and being what is commonly referred to as the Northeasterly 20 feet of Lot Number Fourteen (14), and being a portion of Lot Number Fourteen (14) in Block Number Five (5), all of the above and foregoing property being in First Addition to Mountain Brow Estates according to the Map or Plat thereof as the same appears of record in the Office of the Judge of Probate of Etowah County, Alabama, in Book of Town Plats “F”, page 359, and lying and being in Gadsden, Etowah County, Alabama; and being subject to mineral reservations as recorded in deed record “MM”, page 448, and restrictive covenants by Allen E. Clayton and Wife, Gwynell M. Clayton dated July 2, 1956, recorded in Misc. Recorded “16”, page 285, in the Office of the Judge of Probate of Etowah County, Alabama.

Parcel Two: Lot Sixteen (16) in Block Five (5) in First Addition to Mountain Brow Estates, according to the Map or Plat thereof as the same appears of record in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book “F”, page 359, and lying and being in Gadsden, Etowah County, Alabama and being subject to the restrictive covenants of record and being subject to a reservation of the minerals, mineral and mining rights, interests and privileges in, under and upon said property as reserved by Deed from E. G. Cole and wife, Sula Cole, to Gadsden and Lookout Mountain Realty Company, dated December 16,1907, and recorded in Record Book “MM”, Page 448, in the Office of the Judge of Probate of Etowah County, Alabama.

Property street address for informational purposes:  1429 Monte Vista Drive, Gadsden, AL  35904

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.

Home Point Financial Corporation, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

417348

Aug 25, Sept 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Ronald Joe  Byers, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for American Advisor Group, on the 28th day of March, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3385763; 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 November 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:

Commence at the Southeast corner of the NE 1/4 of the SE 1/4, Section 17, T-13-S, R-6-East of the Huntsville Meridian, Etowah County, Alabama and run Northerly along the East line thereof, 1295.00 feet to a point on the South R/W of Mountain View Drive (60 feet R/W); thence deflect 88 degrees 45 minutes 00seconds left and run Westerly along said R/W, 660.00 feet to an existing 2 inch pipe and the point of beginning of the property described herein; thence deflect 91 degrees 10 minutes 29 seconds left, leaving said R/W and run Southerly , 325.00 feet to a point; thence deflect 126 degrees 25 minutes 35 seconds right and run Northwesterly, 83.09 feet to a point; thence deflect 13 degrees 34 minutes 08 seconds right and run Northwesterly, 168.55 feet to a point; thence deflect 40 degrees 00 minutes 16 seconds right and run Northerly, 150.00 feet to a point on said R/W; thence deflect 91 degrees 10 minutes 29 seconds right and run Easterly along said R/W, 175.00 feet to the point of beginning said property being a portion of the NE 1/4 of the SE 1/4, Section 17, T-3-S, R-6-E, Etowah County, Alabama and contains 1.00 acre (more or less).

Property street address for informational purposes:  3537 Mountain View Drive, Southside, AL  35907

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

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

418970

Sept 1, 8 & 15, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

ETOWAH COUNTY

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by John David Mack and Ginger K. Mack to WinSouth Credit Union on the 5th day of May, 2014, said mortgage being recorded as Instrument Number 3401714 in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 28th day of September, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Begin at an existing 2” pipe at the Southwest corner of Lot #2, Block “I”, of J. E. Noojin Jr. Subdivision No. 2 as recorded in Plat Book “E”, Page 67, Etowah County Probate Office and run Northerly along the West line of Lot #2 and 3, 69.73 feet to a point; thence deflect 89⁰ 56’ 45” right and run Easterly, 160.17 feet to a point on the West R/W of Rothrock Avenue (40’ R/W); thence deflect 89⁰ 51’ 39” right and run Southerly along said R/W, 70.39 feet to the Southeast corner of Lot #2; thence deflect 90⁰ 22’ 24” right leaving said R/W and run Westerly along the South line of Lot #2, 160.41 feet to the point of beginning.  Said property being Lot #2 and a portion of Lot #3, Block “I”, J.E. Noojin Subdivision No. 2, Etowah County, Alabama.

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

CODY D. ROBINSON

Brunson, Robinson & Huffstutler Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

Sept 1, 8 & 15, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Stacie Ramsey And Kim Ramsey A Married Person to Mortgage Electronic Registration Systems, Inc. solely as nominee for CitiMortgage, Inc. dated November 4, 2010; said mortgage being recorded as Instrument No. 3342486 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC in Instrument 3444164 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Nationstar Mortgage 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 before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 2nd day of October, 2017 the following property, situated in Etowah County, Alabama, to-wit:

The W 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 in Section 11, Township 12 South, Range 8 East, of the Huntsville Meridian North of the paved road in Etowah County, Alabama, save and except all the minerals, mineral and mining rights, privileges and interests in under the upon the same time, subject to public roads as now located over, through or across any portion thereof, and subject to the rights of Alabama Power Company as described in instrument recorded in Book 6-H Page 129, Probate Office, Etowah County, Alabama. Save and except a tract or parcel of land described as follows: Begin at a point which is East 80 feet and South 1,089.63 feet from the Northwest corner of the NW 1/4 of the NE 1/4 Section 11, Township 12 South, range 8 East; thence from said point of beginning run south 200 feet to the North right-of-way of the county road, thence deflect left and run North 82 degrees 30 minutes East with said right-of-way 250 feet more or less, to a point of the East line of the W 1/2 of the W 1/2 of the said forty; thence deflect left and run North and along the East line of the W 1/2 of the W 1/2 of the said forty 200 feet to a point; thence deflect left and run South 82 degrees 30 West 250 feet more or less, to the point of beginning, and being a portion of the NW 1/4 of the NE 1/4 in section 11, Township 12 South, Range 8 East in Etowah County Alabama.  By fee simple deed from Maureen Annette Reed, single as set forth in book D1999 page 0669 dated 02/17/1999 and recorded 02/19/1999, Etowah County records, state of Alabama.

Said property is commonly known as 623 Alford Road, Piedmont, AL 36272.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due.  The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem 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, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Stacie Ramsey and Kim Ramsey or tenant(s).

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

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 91417

www.foreclosurehotline.net

Sept 1, 8 & 15, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Lula F. Davis aka Lula Davis, unmarried, to Regions Bank on the 23rd day of April, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, in  Instrument Number 3294107.

The undersigned Regions 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 28th day of September, 2017, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Seventeen (17), in Block Number Forty-Seven (47) in Garden City Residential Subdivision Number Three, according to the plat of map thereof as the same appears of record in Plat Book “B” Page 412, 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 paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

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   

REGIONS BANK

MORTGAGEE

Sept 1, 8 & 15, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Kathy L. Haley, a married woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 29th day of July, 2008, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3298701; 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 July 31, 2017 and recorded in said Probate Office in Instrument Number 3454947. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on October 6, 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:

Lot Thirty-six (36) of Wyngate Subdivision, Phase I, as recorded in Plat Book “L”, Page 28, 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.: 49696-2464

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

Sept 8, 15 & 22, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Christopher Jarred Simmons and Ashley Simmons, 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 12th day of July, 2011, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3352234; 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 July 31, 2017 and recorded in said Probate Office in Instrument Number 3454946. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on October 6, 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:

Lot #21, Smith Point Estates, Southside, Alabama, as recorded in Plat Book “I”, Page 159, 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.: 49696-2465

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

Sept 8, 15 & 22, 2017

______________MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by John J. Gann, Sr. and wife, Kim Gann, to Family Savings Credit Union on the May 6, 2013, said mortgage being recorded at Instrument #3385107, Mortgage Records, 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 October 2, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Begin at a point on the north side right of way of the new Attalla, Walnut Grove Highway where the old Altoona-Possum Trot Public Road intersects said highway and from thence run in a westerly direction along the north side of said Highway a distance of 768 feet for a starting point; thence in a northerly direction and along the west line of the Horn land a distance of 415 feet; thence in a westerly direction a distance of 105 feet to the Northeast corner; thence in a southerly direction a distance of 415 feet to the north side of the New Attalla Walnut Grove Highway; thence in an easterly direction and along the north side of said highway a distance of 105 feet to the point of beginning and being a part of the SW ¼ of the SE ¼ of Section 21, Township 11 Range 4 East and containing 1 acre, more or less, in Etowah County, Alabama, together with all improvements located thereon.

Said sale will be 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 part of the foreclosure process.

Family Savings 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

Sept 8, 15 & 22, 2017

______________

NOTICE TO

FILE CLAIMS

CHRISTOPHER R. GARNER  appointed Personal Representative (s) on August 15, 2017 Estate of LANA E. GARNER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Aug 25, Sept 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

FARRELL STEPHENS appointed Personal Representative (s) on August 15, 2017 Estate of ROY C. STEPHENS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Aug 25, Sept 1 & 8, 2017

______________

NOTICE TO

FILE CLAIMS

ANNA J. BROADWAY appointed Personal Representative (s) on August 15, 2017 Estate of JOHN WAYNE BROADWAY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 1, 8 & 15, ______________

NOTICE TO

FILE CLAIMS

CATHY ANN CARROL appointed Personal Representative (s) on August 16, 2017 Estate of JESSE EARL GUYTON deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 1, 8 & 15, 2017

______________

NOTICE TO

FILE CLAIMS

PENNY GIRARD appointed Personal Representative (s) on August 1, 2017 Estate of WESTLEY JAMES GIRARD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 1, 8 & 15, 2017

______________

NOTICE TO

FILE CLAIMS

CRAIG HEALD appointed Personal Representative (s) on August 23, 2017 Estate of LLOYD E. HEALD, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 1, 8 & 15, 2017

______________NOTICE TO

FILE CLAIMS

MONICA LYNN BURSON appointed Personal Representative (s) on August 10, 2017 Estate of JUNE B. CALVERT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 8, 15 & 22, 2017

______________NOTICE TO

FILE CLAIMS

GARY COLEMAN HARPER appointed Personal Representative (s) on August 8, 2017 Estate of WILLODEAN SMITH HARPER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 8, 15 & 22, 2017

______________NOTICE TO

FILE CLAIMS

DONALD J. HUTCHINS appointed Personal Representative (s) on August 16, 2017 Estate of PATRICIA ANN WEINBERG, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 8, 15 & 22, 2017

______________RESOLUTION NO. R-294-17

Ordering Abatement of Nuisance

                                                                       

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

702 PERKINS STREET A/K/A 602 PERKINS STREET in District 6 in the City of Gadsden, more particularly described as:

Lots Numbers 122 and 123, in Parcel No. 4, property of Cone Mills Corporation, as recorded in Plat Book “F”, Page 57, in the Probate Office of Etowah County, Gadsden, 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 Samuel L. Kimberly, c/o Danney Farmer, 702 Perkins Street, a/k/a 602 Perkins 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 August 29, 2017.

      

Iva Nelson, City Clerk       

Sept 8, 2017       

______________NOTICE TO

CONTRACTORS

Sealed bids for the construction of the Safe Room at Carnes Community Center project will be received by the City Clerk, City of Attalla, Alabama, 612 4th Street NW, Attalla, AL 35954 until 10:00 A.M. CDST on Tuesday September 26, 2017 in the Council Chambers and then at said office publicly opened and read aloud.

Bids submitted prior to the bid opening by mail shall be directed to “City Clerk, 612 4th Street NW, Attalla, AL 35954” or in person delivered to the office of the City Clerk, City Hall, 612 4th Street NW, Attalla, AL.

Plans, Specifications and Contract Documents are open to the public for inspection at the City Hall.  Copies of the Plans, Specifications and Contract Documents may be obtained from the City of Attalla Engineering Department (256) 538-9986, for a non-refundable fee of $25.00.

The bidder shall file with his bid either a cashier’s check drawn on an Alabama bank, payable to the City of Attalla, Alabama, or a bid bond executed by a surety company duly authorized and qualified to make such bonds in Alabama, in an amount equal to the lesser of five percent (5%) of the bid or ten thousand ($10,000) dollars.

The Owner reserves the right to waive any informalities or to reject any or all bids.

The successful bidder will be required to furnish and pay for the satisfactory Performance and Payment Bond or Bond in the amount required by Section 39-1-1(a), Code of Alabama 1975, and evidence of insurance as required by the bid documents within ten (10) days after being notified that he has been awarded the contract. 

Any bidder, whether a resident or non-resident of the State of Alabama, must comply with all applicable provisions of Section 34-8-1, et seq., Code of Alabama, 1975 including requirements for licensing as a general contractor and the necessity to show evidence of license, before the bid will be considered by the awarding authority.  A current license number must be included on the bid.  For this project the bidder shall have one of the following license categories BC-S: Pre-Fab Buildings, BC or BCU4.

Bidders must comply with the President’s Nos. 11246 and 11375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin.  Bidders must also comply with Title IV of the Civil Rights Act of 1964, the Davis-Bacon Act, Title VIII of the Civil Rights Act of 1968, and Section III of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu.

By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.  Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.

No bidder may withdraw his bid within sixty (60) days after the actual date of the opening thereof.  The bidder must comply with all requirements of the public works bid law Section 39-2-1 et seq,, Code of Alabama 1975.

Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on a basis of race creed, color, sex or national origin.  Bidders must also certify that they will make facilities handicap accessible to the extent required by law.

Johnnie Sue Gilbert, City Clerk

THE CITY OF ATTALLA

BY:      Larry Means 

Mayor

Sept 8, 2017

______________ADVERTISEMENT FOR

COMPLETION

LEGAL NOTICE

In accordance with Chapter 1, Title 39, code of Alabama 1975, notice is hereby given that ERG Environmental, Inc., contractor, has completed Conducting Consulting Services Associated with the Asbestos Abatement at Inzer Hall at Wallace Drive for Gadsden State Community College, Gadsden, Alabama for the State of Alabama and the (County) of Etowah, Gadsden, Owner(s), and have made request for final settlement of said Contract. All persons having any claims on for labor, materials, or otherwise in connection with this project should immediately notify: James R. Prucnal, Dean of Financial and Administrative Services, Gadsden State Community College, PO Box 227, Gadsden, AL 35902.

Sept 8, 2017

______________ADVERTISEMENT FOR

COMPLETION

LEGAL NOTICE

In accordance with Chapter 1, Title 39, code of Alabama 1975, notice is hereby given that Hudak Construction Co. Inc., contractor, has completed the Contract for Concrete Repairs at GADSDEN, EAST BROAD AND VALLEY STREET CAMPUSES for Gadsden State Community College, Gadsden, Alabama for the State of Alabama and the (County) of Etowah, Gadsden, Owner(s), and have made request for final settlement of said Contract. All persons having any claims on for labor, materials, or otherwise in connection with this project should immediately notify: James R. Prucnal, Dean of Financial and Administrative Services, Gadsden State Community College, PO Box 227, Gadsden, AL 35902.

Sept 8, 2017

______________PUBLICATION

NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: THE ESTATE OF MILDRED PEARMAN TEMPLE, Deceased

TO CYNTHIA TEMPLE, AND STEPHEN “ADAM TEMPLE or to their respective heirs at law and next of kin if deceased

You will hereby take notice that on this day came Tim Temple and produced to the Court a paper in writing purporting to be the Last Will and Testament together with a Codicil attachment thereto, of MILDRED PEARMAN TEMPLE, deceased, and moves the Court to admit the said Will and Codicil to probate and record as the Last Will and Testament of Codicil attached thereto of the said deceased.

You are notified to be and appear before me, at my office located at the Etowah County Courthouse, 801 Forrest Avenue, Gadsden, Alabama at 10:30 o’clock a.m., on the 18th day of October, 2017, when the motion will be considered, and show, if anything you have to allege, why said paper in writing should not be admitted to probate and record, as the true Last Will and Testament and Codicil thereto of said decedent.

ORDERED on this the 30th day of August, 2017.

Bobby M. Junkins

Judge of Probate

Sept 8, 15 & 22, 2017

______________

LEGAL NOTICE

Notice is hereby given of a hearing on Wednesday, September 13th at 10:00 o’clock a.m. in Judge Junkins Courtroom on the disposition of the remains of Earl Edward Tidwell, w/m DOB: 7/29/39, DOD: 8/23/17.

Sept 8, 2017

______________

NOTICE OF

CONDEMNATION

FORFEITURE

ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-17-900640-WHR

TATE OF ALABAMA, ex rel:

Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

2006 Kia Spectra VIN# KNAFE 16286531711

$2,048.00 U.S. Currency

DEFENDANT

In Re: Derrick Christopher Ward

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, The State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and vehicle. You are hereby notified that you must answer said Complaint by the 23rd day of October, 2017. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 23rd day of August, 2017.

Cassandra Johnson

Circuit Clerk

Sept 1, 8, 15 & 22, 2017

______________LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ADOPTION OF A CHILD BORN TO ASHLEY KATHERINE HENDRICKS HAMM

TO: THE UNKNOWN OR UNDISCLOSED PARENT OF: A CHILD BORN TO ASHLEY KATHERINE HENDRICKS HAMM, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a child born to Ashley Katherine Burnette, set to be heard on October 24, 2017 at 10:30 a.m., was filed on the 15th day of August, 2017, 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 to putative father. Minor Child’s date of birth is December 20, 2013.

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 Thomas A. King, 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 16th day of August, 2017.

Thomas A. King

Attorney for Petitioner

128 South 8th Street

Gadsden, AL 35901

Bobby M. Junkins
Judge of Probate

Aug 18, 25, Sept 1 & 8, 2017

______________LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-9626

In re: BETTY D. ANDREWS

To: Gladys Sue Balch, sister, Marilyn Dunn Phillips, sister, addresses 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 BETTY D. ANDREWS, was filed in my office for Probate by the Department of Human Resources, and that the 12th day of September, 2017 at 2:00 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

Sept 1, 8 & 15, 2017

______________LEGAL NOTICE

NOTICE TO: CHRISTOPHER J. BRISKER, FATHER OF MALE CHILD BORN SEPTEMBER 24, 2010

IN RE: Adoption Petition of Ruby A. Brisker and Quincy Jay Brisker

Case Number: A-1206

Please take notice that a Petition for Adoption in the above styled matter has been filed in said Court by Ruby A. Brisker and Quincy Jay Brisker, Petitioners and the same has been set for hearing on the 18th day of October, 2017, at 10:00 a.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, AL 35903. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days hereof with counsel for said Petitioners, whose name and address is shown below, and with the Clerk of the said Probate Court.

Bobby M. Junkins

Judge of Probate

Richard A. Rhea

Attorney for Petitioners

930 Forrest Avenue

Gadsden, AL 35901

256-547-6801

Sept 1, 8, 15 & 22, 2017

______________LEGAL NOTICE

McCartney Construction Company, Inc, hereby gives notice of completion of contract with the City of Gadsden for construction of Project No. 3312-2016 Community Development Street Resurfacing Project in Etowah County, This notice will appear for four consecutive weeks beginning on September 1, 2017 and ending September 22, 2017. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.

McCartney Construction Company, Inc.

Sept 1, 8, 15 & 22, 2017

______________LEGAL NOTICE

McCartney Construction Company, Inc, hereby gives notice of completion of contract with the City of Gadsden for construction of Project No. 3311-2016 Street Resurfacing Project in Etowah County, This notice will appear for four consecutive weeks beginning on September 1, 2017 and ending September 22, 2017. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.

McCartney Construction Company, Inc.

Sept 1, 8, 15 & 22, 2017

______________

NOTICE OF

PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

TIMOTHY BRIAN ELKINS, whose whereabouts is unknown, shall answer the Petition for Modification filed by Natasha Elkins Woods within thirty (30) days from the last date said notice is published in a newspaper of general circulation in Etowah County, Alabama, or, thereafter, a judgment or order by default may be rendered against him in Civil Action No.: DR-2008-345.03, Circuit Court of Etowah County, Alabama.

William B Ogletree

Circuit Judge

Aug 25, Sept 1, 8 & 15, 2017

______________

NOTICE OF

ADOPTION

PROCEEDINGS

IN THE PROBATE COUNTY OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1182

In the matter of an Adoption Petition of JAMES RALEIGH SAXTON, JR. & DEBORAH LOUISE SAXTON

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the Adoption of a child born to Miranda Gayle Noyce (Natural Mother), has been filed by James Raleigh Saxton, Jr. and Deborah Louise Saxton, set to be heard on the 24th day of October, 2017, at 11:00 o’clock a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor Child’s birth date is May 24, 2002.

Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with counsel for said Petitioner, whose name and address is shown below and with the Clerk of the said Probate Court.

Done this 18th day of August, 2017.

Bobby M. Junkins
Judge of Probate

Shannon L. Millican

Attorney for Petitioners

255 South 8th Street

Gadsden, AL 35901

256-543-7610

Aug 25, Sept 1, 8 & 15, 2017

______________

NOTICE OF

DIVORCE

ACTION

TIMOTHY JOSEPH WALLACE, whose whereabouts is unknown, must answer the complaint if MARSHA LEE WALLACE, seeking a divorce and other relief by September 18, 2917, or thereafter a judgment by default may be rendered against him in Civil Action: DR-17-000308.00-DAK Circuit Court of Etowah County, Alabama.

Cassandra Johnson

Circuit Clerk

Aug 25, Sept 1, 8 & 15, 2017

______________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Hudak Construction Co. Inc, Contractor, has completed the Contract for (Construction) of 6th Street Pool house for the City of Gadsden, Gadsden, Alabama at 422B North 6th Street, Gadsden, Alabama for the State of Alabama and the City of Gadsden, Owner and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify B. Craig Lipscomb, 442 Chestnut St., Gadsden, AL 35901.

Hudak Construction Co., Inc

400 W. Meighan Blvd.

Gadsden, AL 35901

Aug 25, Sept 1, 8 & 15, 2017

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on October 13, 2017 for charges due.

VEHICLE 1

2006 LARD TRAVEL TRAILER

VIN: 4YDF28R206J462016

ER Towing & Recovery

827 Jones St. Gadsden, Al 35901

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

Sept 1 & 8, 2017

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on October 13, 2017 for charges due.

VEHICLE 1

2000 CHEVROLET IMPALA

VIN: 2G1WF5 5E8Y9235881

VEHICLE 3

2002 HONDA ACCORD

VIN: 1HGCR2 F54HA053406

VEHICLE 1

2006 FORD MUSTANG

VIN: 1ZVFT80N 365177680

VEHICLE 4

2000 OLDSMOBILE BRAVADA

VIN: 1GHDT13W XY2354472

ER Towing & Recovery

827 Jones St. Gadsden, Al 35901

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

Sept 8 & 15, 2017

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on October 13, 2017 for charges due.

VEHICLE 1

2006 FORD MUSTANG

VIN: 1ZVFT8 0N365177680

HAMMETT TOWING

240 WESSON LAKE ROAD

ATTALLA, AL 35954

Sept 8 & 15, 2017

______________

AUCTION

NOTICE

Pursuant to the provisions of Alabama Abandoned Motor Vehicle Act: Section 32-13-4 Code of Alabama 1975, notice is hereby given to the Owners, lienholders, and other interested parties that the following described vehicles were taken into custody by Autow’s Towing:

1996 Ford Mustang VIN# 1FALP45X 4TF169791, towed on 6/5/17 from Attalla; 2004 Saturn Ion VIN# 1G8AZ52F 64Z182503, towed on 7/20/17 from Moragne Park, Gadsden; 1994 Jeep Grand Cherokee VIN# 1J4FX58 S0RC245251, towed on 7/17/17 from 600 Stewart Ave SE, Attalla; 2007 Chrysler 300 VIN# 2C3KA53 G17H613296, towed on 7/14/17 from Gadsden; 2001 Volvo VIN# YV1RS61 R912087785, towed on 7/14/17 from Attalla; 2002 Nissan Altima VIN# 1N4AL11D 22C102006, towed on 7/20/17 from Attalla; 2008 Hyundai Sonata VIN# 5NPET46 C88H355342, towed on 7/30/17 from E Meighan Blvd; 2006 Chevrolet Equinox VIN# 2CNDL73 F866173438, towed on 7/30/17 from 511 Piney Grove Rd, Crossville; 2006 Chevrolet Impala VIN# 2G1WC581 069212576, towed on 6/19/17 from Boaz; 2004 Lincoln Navigator VIN# 5LMFU27R64 LJ30361, towed on 6/8/17 from Albertville; 2001 Mercury Grand Marquis VIN# 2MEFM74W9 1X646676, towed on 8/10/17 from E Meighan Blvd; 2000 Jeep Grand Cherokee VIN# 1J4G248S 9YC298770, towed on 8/11/17 from Etowah High School.

Vehicles will be sold at public auction to the highest bidder for cash at 15575 US HWY 278W on 10/11/17 at 10:00 AM. The Seller shall have the right to reject any and all bids if, in the opinion of the Seller, the bid is unreasonably low. Call Autow’s Towing & Garage at 256-490-7237 for more information. Vehicles will be available for inspection at auction site 1 hour prior to sale.

Sept 8 & 15, 2017

______________

ALABAMA

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

NOTICE OF APPLICATION FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR DISCHARGE INTO WATERS OF THE STATE OF ALABAMA AND REQUEST FOR COMMENTS

The following applicants have applied for an NPDES permit to discharge treated wastewater into waters of the State of Alabama:

Industrial Facility

Public Notice – 210

Etowah County

Goodyear Tire and Rubber Company located at 922 E Meighan Blvd. Gadsden, AL 35903, NPDES Permit Number AL0001007, for reissuance of existing discharges resulting from noncontact cooling water, steam condensate and storm water discharging through DSN001 to the Coosa River (Neely Henry Lake) classified as Fish and Wildlife in the Coosa River Basin.; and storm water runoff from the wastewater pretreatment area and from a waste oil storage tank discharging through DSN002 – DSN0010 and Unnamed Tributary to Coosa River (Neely Henry Lake) classified as Fish and Wildlife in the Coosa River Basin.

In accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. section 1326) and the federal regulations (40 CFR Part 125), if applicable, the cooling water intake structure used by the Permittee has been evaluated using available information. At this time, the Department has determined that the cooling water intake structure used by the Permittee represents the best technology available (BTA) to minimize adverse environmental impact in accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. section 1326).

The Department has tentatively determined that the proposed actions described in this notice are consistent with the Water Quality Program regulations; and for those in the coastal area, are consistent with the Alabama Coastal Management Program.

Copies of the draft permits, conditions, limitations and a fact sheet as applicable describing the methodology for setting the limitations and conditions and other applicable NPDES forms and related documents are available for public inspection electronically via http://adem.alabama.gov/newsEvents/publicNotices.cnt, and at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm.  A nominal fee for copying and/or mailing may be charged.  Arrangements for copying should be made in advance.

Russell A. Kelly, Chief

Permits and Services Division

ADEM

1400 Coliseum Blvd.

[Mailing address: PO Box 301463; Zip 36130-1463]

Montgomery, Alabama 36110-2400

(334) 271-7714

Persons wishing to comment may do so, in writing, to the Department’s named contact above within 30 days following the publication date of this notice.  COMMENTERS SHOULD IDENTIFY THE APPROPRIATE NPDES NUMBER ON THE FIRST PAGE OF THEIR COMMENTS.  In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed permit.

A written request for a public hearing may also be filed within that 30-day period and must state the nature of the issues proposed to be raised in the hearing.  The Director shall hold a public hearing whenever it is found, on the basis of hearing requests, that there exists a significant degree of public interest in the permit application or draft permit.  The Director may also hold a hearing if he determines that it would clarify one or more issues involved in the permit decision.

After consideration of all written comments, review of any public hearing record, and consideration of the requirements of the Alabama Water Pollution Control Act, the Federal Water Pollution Control Act and applicable regulations, the Department will make a final determination.  The Department will develop a response to comments, which will become part of the public record and will be available to persons upon request.  Notice will be sent to any person requesting notice of the final action.

The Department maintains a list of interested individuals who are mailed legal notices regarding proposed permits. If you wish to receive such notices, contact the Permits & Services Division via telephone (334-271-7714), e-mail (permitsmail@adem.alabama.gov), or postal service (P.O. Box 301463, Montgomery, AL  36130-1463).

This notice is hereby given this 8th day of September, 2017, by authorization of the Alabama Department of Environmental Management.

Lance R. LeFleur

Director

Nondiscrimination Statement:  The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.

Sept 8, 2017

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A BILL

TO BE

ENTITLED

AN ACT

Relating to Etowah County; to amend Section 45-28-121 of the Code of Alabama 1975, relating to the county personnel board; to further provide for the per diem of members of the board for meetings and hearings.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 45-28-121 of the Code of Alabama 1975, is amended to read as follows:

Ҥ45-28-121.

“(a) In Etowah County, there is hereby created and established a personnel department for the government and control of all employees and appointees holding positions in the classified service, as defined in Section 45-28-121.03.

“(b) The personnel department shall consist of a personnel board and a personnel director. The personnel board shall consist of five members. Three members shall be appointed for a term of six years each as follows: One to be appointed by a joint appointee of the probate judge and the sheriff of the county; one to be appointed by the county commission; and one to be appointed as a joint appointee of the county tax assessor and the county tax collector; however, the terms for the above three named initial appointees shall be staggered. For the first appointments the joint appointee of the probate judge and the sheriff of the county shall be for two years; the first appointee by the county commission shall be for a term of four years; and the first joint appointee by the county tax assessor and county tax collector shall be for six years. The other two members of the board shall be appointed for one year terms. One of the additional members shall be appointed annually by the President of the Etowah County Chamber of Commerce; and one member shall be appointed annually by the President of the Etowah County Labor Council.

“(c) The members of the board shall be qualified electors of the county. No person shall be appointed to the board who holds any salaried public office or employment with the county, nor shall any member, while a member of the board or for a period of one year after he or she has ceased to be a member, be eligible for appointment to any salaried office or employment in the service of the county or any county elective office.

“(d)The board shall hold one regular meeting in October of each year and such special meetings as are needed to conduct the business of the board. The members of the board shall receive twenty-five dollars ($25) per diem for each meeting of the board they attend. The board shall not meet in excess of 30 days per year; provided, however, that the time consumed by the personnel board in hearings conducted under subsection (b) of Section 45-28-121.08 shall not be counted as a part of the 30 days. For regular meetings of the board or special hearings or meetings of the board relating to a pending disciplinary action, each member shall receive sixty dollars ($60) per diem, not to exceed one hundred eighty dollars ($180) per month paid from the county treasury, and the chair shall receive seventy-five dollars ($75) per diem, not to exceed two hundred twenty-five dollars ($225) per month paid from the county treasury.

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Aug 25, Sept 1, 8 & 15, 2017