Legals for the week of September 22 - September 29, 2017

September 29, 2017 chris
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______________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

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by John A. Franklin and Lauren Ashley Franklin, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, SouthPoint Bank, and Lender’s successors and assigns), dated the 6th day of February, 2015, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3413696; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, SouthPoint Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated June 23, 2017 and recorded in said Probate Office in Instrument Number 3452736. 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 11, 2017, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

All that certain lot or parcel of land situated in the County of Etowah, State of Alabama, and being more particularly described as follows: A part of the SW 1/4 of the SE 1/4 and a part of the NW 1/4 of the SE 1/4, all in Section 21, Township 11 South, Range 4 East, Etowah County, Alabama, more particularly described as follows: From the SW corner of said SW 1/4 of the SE 1/4, run thence N 13º 29’ East, 1006.07 feet to a pipe on the North right-of-way of U.S. Highway No. 278, the point of beginning; thence to the right along said right of way around a curve to the left, having a chord bearing of S 79º 02’ 35” East, and a chord distance of 105.0 feet; thence N 1º 36’ East, 409.91 feet; thence N 79º 05’ West 105.0 feet, thence S 1º 36’ West, 409.84 feet to the point of beginning. The above described tract contain 0.99 acres, more or less, and is subject to existing road rights-of-way, utility, easements, reservations and restrictions of 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 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.: 49696-735

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

Sept 15, 22 & 29, 2017

______________

MORTGAGE FORECLOSURE SALE

AND SALE OF PERSONAL PROPERTY

UNDER §7-9A-604(2) OF THE CODE OF ALABAMA

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made under the terms of that certain mortgage executed by Bama Bells Inc. on the 12th day of February, 2009 and a commercial security agreement executed by Bama Bells, Inc. on November 26, 2013 to The Exchange Bank of Alabama which said mortgage is recorded in the Probate Office of Etowah County, Alabama, in Instrument Number 330915, and by reason of such default, having declared all of the indebtedness secured by said security agreement and mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in said security agreement and mortgage, and as authorized by Section 7-9A-604(2) of the Code of Alabama of 1975 as amended, The Exchange Bank of Alabama will sell at public outcry, for cash, to the highest bidder, before the front entrance of the Courthouse, in the City of Gadsden, Etowah County, Alabama, at 11:00 a.m. or otherwise during the legal hours of sale on October 4, 2017 the following described property situated in Etowah County, Alabama, to-wit:

REAL PROPERTY

Block 3 of J.V. Liles Addition to the City of Gadsden, Alabama, as recorded in Plat Book “E”, Page 223, Etowah County, Probate Office; more particularly described as follows:

Begin at the intersection of the north line of block 3 of the above mentioned J.V. Liles Addition and the west right of way line of U.S. Highway 411 (Rainbow Drive);  thence run south 4 degrees 44 minutes west, and along a chord of curve to the left having centerline data of central angle=4 degrees, 13 minutes tangent=700.4 feet, degree of curve=0 degrees 18 minutes and along the right of way of U.S. Highway 411 (Rainbow Drive) a distance of 237.04 feet measured  along said chord to a point; thence deflect to the right from said chord so as to form an interior angle of 44 degrees, 11 minutes and run north 39 degrees 27 minutes west, along the southwest line of block 3 of said J.V. Liles Addition (the northeast right of way line of South Fourth Street) a distance of 307.8 feet to a point; thence deflect to the right and run along a curve to the right having tangent=30 feet, central angle=135 degrees, 27 minutes and radius=12.29 feet, to the point of tangency of said curve; thence run south 84 degrees 00 minutes east and tangent to said curve and along the north line of block 3 of said J.V. Liles Addition (South right of way of Jessica Avenue) a distance of 205.49 feet to a point on the west right of way line of U.S. Highway 411 (Rainbow Drive) and the point of beginning.  Being a portion of block 3 of the J.V. Liles Addition to Gadsden, Alabama, as recorded in Plat Book “E”, Page 223, Etowah County Probate Office, and containing 0.63 acres, more or less.

PERSONAL PROPERTY

Accounts, inventory, equipment, instruments and general intangibles.

For informational purposes, the street address for the above referenced property is:  931 Rainbow Drive, Gadsden, Alabama 35901.

Together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described.

Said sale will be subject to the right of way easements and restrictions of record in the Probate Office of Etowah County, Alabama, and will be subject to existing special assessments, if any, which might adversely affect the title to subject property.

Said property will be sold on an “As Is, Where Is” basis without warranty or recourse, express or implied as to title, use and/or enjoyment and without warranty as to merchantability or fitness for a particular purpose.

Said sale will be made for the purpose of paying the indebtedness secured by the above described security agreement and mortgage, and the proceeds thereof will be applied as provided by the terms of said mortgage.  The Mortgagee reserves the right to bid for and purchase the real property and personal property and to credit its purchase price against the expenses of sale and the indebtedness secured by the real property and personal property.

The failure of any high bidder to pay the purchase price and close this sale shall, at the option of Mortgagee, be cause for rejection of the bid, and if the bid is rejected, Mortgagee shall have the option of making the sale to the next highest bidder who is able, capable and willing to comply with the terms thereof.

This sale is subject to postponement or cancellation.

The Exchange Bank of Alabama

Mortgagee

Robert P. Reynolds

REYNOLDS, REYNOLDS & LITTLE, LLC

Attorneys for Mortgagee

2115 11th Street

Post Office Box 2863

Tuscaloosa, Alabama 35403-2863

Telephone:  205-391-0073

File No. 18.0015

Sept 15, 22 & 29, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by SANDY M. TURNER, an unmarried woman to Gadsden-Etowah Habitat for Humanity, Inc. dated November 7, 2001 and recorded in Doc.: M-2002-5319 and Doc. No.: M-2002-5320 in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting 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 the 13th day of October, 2017, the following described real estate situated in Etowah County, Alabama:

Lot Nine (9) in Block Three (3) of the Ewing Garner Tract, according to the map thereof recorded in Plat Book “A”, Page 53, Probate Court, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the records of the Probate Court. The property will be sold without warrant, or recourse, express or implied as to title, use and/or enjoyment, and will be sold subject to the right of redemption of all parties entitled thereto. The mortgagee reserves the right to bid for and purchase the property and to credit its purchase price against the expenses of sale and the indebtedness secured by the property.

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

By:  David C. Livingston

Attorney for Mortgagee

P.O. Box 1621

Gadsden, AL  35902

(256) 546-9300

Sept 22, 29 & Oct 6, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Jimmy Ledbetter , Jr. A Married Man And Jimmy D Ledbetter A Single Man to Mortgage Electronic Registration Systems, Inc., as nominee for First Federal Bank, its successors and assigns dated March 18, 2011; said mortgage being recorded as Instrument No. 3347164, as modified by that certain Modification Agreement as Instrument No. 3421558 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. BANK NATIONAL ASSOCIATION in Instrument 3396632 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. BANK NATIONAL ASSOCIATION, 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 6th day of November, 2017 the following property, situated in Etowah County, Alabama, to-wit:

PARCEL I:  Begin at the Northeast corner of the NE1/4 of the NW1/4 of Section 33, Township 11 South, Range 5 East; thence South along the East line of said quarter 196 feet to the North right of way line of Alabama Highway 74; thence with an internal angle of 88 Degrees 19 Minutes Westerly along said Highway, 445 feet to the point; thence with an internal angle of 91 Degrees 41 Minutes and in a Northerly direction 172 feet to a point on the North line of the above described quarter; thence Easterly with an internal angle of 91 Degrees 22 Minutes and along the North line of said quarter, 445.67 feet to the point of beginning; said tract embracing a part of the NE1/4 of the NW1/4 of Section 33, Township 11 South, Range 5 East, Etowah County, Alabama.   PARCEL II:  Begin at the Northeast corner of the NE1/4 of the NW1/4 of Section 33, Township 11 South, Range 5 East; thence South along the East line of said quarter 196 feet to the North right of way line of Alabama Highway 74; thence with an interior angle of 88 Degrees 19 Minutes Westerly along said Highway 445 feet to the point of beginning of the tract herein conveyed; thence continue along the right of way line of said Highway 74 a distance of 220 feet to a point; thence with an interior angle of 91 Degrees 41 Minutes and in a Northerly direction 160.2 feet to a point on the North line of the above described quarter; thence Easterly with an interior angle of 91 Degrees 22 Minutes and along the North line of said quarter, 220.3 feet to a point; thence to the right with an interior angle of 88 Degrees 28 Minutes and continue in a straight line a distance of 172 feet to the point of beginning; said tract embracing a part of the NE1/4 of the NW1/4 of Section 33, Township 11 South, Range 5 East, Etowah County, Alabama.

Said property is commonly known as 15180 Us Hwy 278 W, Attalla, AL 35954.

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 Jimmy Ledbetter , Jr. and Jimmy D Ledbetter 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.

U.S. BANK NATIONAL ASSOCIATION

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. 952517

www.foreclosurehotline.net

Sept 22, 29 & Oct 6, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Margaret Brown A Widow to Mortgage Electronic Registration Systems, Inc. solely as nominee for Wilmington Finance Inc. its successors and assigns dated August 22, 2007; said mortgage being recorded as Instrument No. 3278499 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. Bank National Association in Instrument 3451001 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. Bank National Association, 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 16th day of October, 2017 the following property, situated in Etowah County, Alabama, to-wit:

A lot or parcel of land described as beginning at a point in the South line of Lot number 4, Block “B”, of Kyles’ Addition, as recorded in plat book “A”, page 29, in the Etowah County Records, said point the point where the East line of F.G. Leo’s Home Place Subdivision, according to the map thereof recorded in Plat Book “C”, page 335, of Etowah County Records, intersects said South line of lot number 4; thence from said point of beginning, run Northerly along the said East line of F. G. Leo’s Subdivision 111 feet to a point; thence deflect 90 degrees 00 minutes right and run Easterly 55.6 feet to a point; thence deflect right and run Southerly 104 feet in a direct line to a point in the South line of lot number 6, block “B”, of said Kyles’ Addition, which is 16 feet Easterly measured along the South line of lot number 6 from the Southwest corner of said lot number 6; thence deflect right and run Westerly 48 feet along the South line of Lots numbers 5 and 4 to the point of beginning; said description embracing portions of lots numbers four and six (4 and 6), in block “B”, of Kyle’s Addition, Gadsden, Alabama, as recorded in plat book “A”, page 29, in the Probate Office of Etowah County, Gadsden, Alabama.   Commonly known as: 941 4th Avenue, Gadsden, AL 35901  Parcel Number: 15-02-04-3-000-100.000

Said property is commonly known as 941 4th Ave, Gadsden, AL 35901.

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 Margaret Brown 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.

U.S. BANK NATIONAL ASSOCIATION

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. 947517

www.foreclosurehotline.net

Sept 22, 29 & Oct 6, 2017

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Darrell S. Layne, a single man, and Richard F. Smith, III, a single man, to Alabama Teachers Credit Union on the 4th day of January, 2013, said mortgage being recorded at Instrument #: 3379043, 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 the 16th day of October, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number 25 of The Highlands, according to the map or plat thereof recorded in Plat Book “K”, Page 31, Probate Office, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  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

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 22, 29 & Oct 6, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Michael Rowland A Married Man And Jessica Rowland Wife to Mortgage Electronic Registration Systems, Inc. solely as nominee for Alacrity Lending Company dated March 17, 2009; said mortgage being recorded as Instrument No. 3312738, as modified by that certain Modification Agreement as Instrument No. 3331799 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Lakeview Loan Servicing, LLC in Instrument 3435847 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Lakeview Loan Servicing, 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 6th day of November, 2017 the following property, situated in Etowah County, Alabama, to-wit:

To arrive at the point of  beginning for the tract or parcel of land herein described, commence at the NW corner of the SE 1/4 of the NE 1/4, Section 7, Township 11 South, Range 5 East; thence run South 1 deg. 40’ West along the West line of said forty a distance of 264.0 feet; thence run South 88 deg. 45’ 30” East, parallel to, and 264.0 feet South of, said forty a distance of  427.5 feet to a point in the SE right of way line of Egypt Road and which said point is the point of beginning for the parcel of land herein described; thence continue South 88 deg. 45’ 30” East a distance of 232.6 feet; thence run South 1 deg. 40’ West, parallel to the West line of said forty a distance of 264.0 feet; thence run North 88 deg. 45’ 30” West, parallel to, and 528.0 feet South of, the North line of the aforementioned forty, a distance of 393.78 feet to a point in the Northeasterly line owned by Horace McClung and Sonia McClung; thence run North 39 degrees 14’ West and along said Northeasterly line a distance of 95.45 feet to a point in the Southeasterly line of Egypt Road; thence run North 50 deg. 46’ East along said Egypt Road a distance of 294.9 feet to the point of beginning. Said property lying and being in Etowah County, Alabama.   TO INCLUDE:  2008 CLAYTON HOMES RIVERTON Manufactures Home, Serial Number CS2009492TNA & CS2009492TNB

Said property is commonly known as 3660 Egypt Road, Boaz, AL 35956.

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 Michael Rowland and Jessica Rowland 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.

LAKEVIEW LOAN SERVICING, 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. 950417

www.foreclosurehotline.net

Sept 22, 29 & Oct 6, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Steve E. Kell An Unmarried Man to Mortgage Electronic Registration Systems, Inc. solely as a nominee for First Federal Bank its successors and assigns dated January 29, 2016; said mortgage being recorded as Instrument No. 3429310 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. BANK NATIONAL ASSOCIATION in Instrument 3447470 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. BANK NATIONAL ASSOCIATION, 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 6th day of November, 2017 the following property, situated in Etowah County, Alabama, to-wit:

Lot Number Twelve (12) in Block Number One (1) in Half Acres, according to the map or plat thereof as recorded in Plat Book “E”, Pages 236 and 237, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, subject to the rights of the Alabama Power Company as shown by instrument recorded in Book “5-Y”, Page 199, said Probate Office, and subject to the restrictive covenants as recorded in Miscellaneous Record “Y”, Page 549, said Probate Office.

Said property is commonly known as 207 Harwood Drive, Gadsden, AL 35901.

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 Steve E. Kell 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.

U.S. BANK NATIONAL ASSOCIATION

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. 952717

www.foreclosurehotline.net

Sept 22, 29 & Oct 6, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Marion R. Anderson and Dorothy N. Anderson, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Open Mortgage, LLC, on the 6th day of February, 2015, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3413749; re-recorded in Instrument Number 3414148; the undersigned Finance of America Reverse, LLC, 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 21, 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:

Lot Number (4) less the West 25 Ft. in Block 3 in Mountain Brook Addition to Attalla, according to the Map thereof recorded in Plat Book “D”, Page 75, Probate Office, and lying and being in Attalla, Etowah County, Alabama, together with all improvements located thereon, save and except all the iron ore underneath the surface thereof.

Property street address for informational purposes:  208 Dogwood Drive, 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.

Finance of America Reverse, LLC, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

422252

Sept 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Rhonda Peppers, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for National Bank of Kansas City, on the 24th day of February, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3363820; the undersigned Wells Fargo Bank, NA, 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 December 5, 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:

Lot Number Nine (9) and Lot Number Ten (10) in Block Number Two (2) in the rearrangement of portions of Sims South Gadsden Addition, according to the map or plat thereof recorded in Plat Book G, Page 175, in the office of the Judge of Probate of Etowah County, Alabama, and lying and being in Etowah County, Alabama.

Property street address for informational purposes:  1707 Pierce Avenue , 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.

Wells Fargo Bank, NA, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

409057

Sept 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made under the terms of that certain mortgage executed by Larry Rose, a single man, on the 10th day of September, 2015 and a promissory note of even date to Mark Jandrlich and wife Jo E. Jadrlich, which said mortgage is recorded in the Probate Office of Etowah County, Alabama, as Instrument Number 3439957, and by reason of such default having declared all the indebtedness secured by said promissory note and mortgage due and payable, and such default continuing, notice is hereby given that acting under the power of sale contained in said mortgage, Mark Jandrlich and Jo E. Jandrlich will sell at public outcry, for cash to the highest bidder, before the entrance of the Etowah County Courthouse, in the City of Gadsden, Etowah County, Alabama, at 11:00 a.m. or otherwise during the legal hours of sale on the 30th day of October, 2017, the following described property situated in Etowah County, Alabama, to-wit:

Tract One: COMMENCE AT THE SOUTHEAST CORNER OF THE SE ¼ OF THE SW ¼ IN SECTION 28. T-12-S, R-5-E, ETOWAH COUNTY, ALABAMA; THENCE S89°24’W. ALONG THE SOUTH LINE THEREOF. A DISTANCE OF 143.93 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE S89°24’41’W ALONG SAID LINE, A DISTANCE OF 619.72 FEET: THENCE NO2’53’04”W. LEAVING SAID SOUTH LINE A DISTANCE OF 405.17 FEET TO A POINT: THENCE S84’22’21’E, A DISTANCE OF 744.42 FEET TO A POINT: THENCE S17’12’36”W. A DISTANCE OF 340.54 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.73 ACRES MORE OR LESS.

ALSO A 30 FOOT WIDE, A 50 WIDE AND A 60 FOOT WIDE INGRESS/EGRESS EASEMENT TO AND ACROSS THE ABOVE DESCRIBED TRACT OF LAND DESCRIBED BY THE CENTERLINE AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SE ¼ OF THE SW ¼ IN SECTION 28 T-12-S. R-S-E. ETOWAH COUNTY, ALABAMA: THENCE S89’24’41W. ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 159.73 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID 60 FOOT WIDE EASEMENT: THENCE S89°24’41” W, ALONG SAID CENTERLINE  AND ALONG THE SOUTH LINE OF SAID FORTY. A DISTANCE OF 578.94 FEET OT CENTERLINE OF SAID 50 FOOT WIDE EASEMENT: THENCE NO2’53’04”W, ALONG SAID CENTERLINE, A DISTANCE OF 405.17 TO A POINT: THENCE REVERSE COURSE AND RUN SO2°53’04”W. ALONG CENTERLINE OF SAID 50 FOOT WIDE EASEMENT, A DISTANCE OF 405.17 TO THE CENTERLINE OF SAID 60 FOOT WIDE EASEMENT: THENCE N89°24’41”E, ALONG SAID CENTERLINE AND ALONG THE SOUTH LINE OF SAID FORTY, A DISTANCE OF 578.94 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF 30 FOOT WIDE EASEMENT: THENCE ALONG THE CENTERLINE OF SAID 30 FOOT WIDE EASEMENT WITH THE FOLLOWING CHORD BEARING AND DISTANCES THEREOF: N17’12’36”E, A DISTANCE OF 344.59 FEET; THENCE N11’19° E, A DISTANCE OF 124.86 FEET; THENCE N16’17’59”E, A DISTANCE OF 157.13 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 187.52 FEET AND A CENTRAL ANGLE OF 34’27’46”; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 112.79 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 150.51 FEET AND A CENTRAL ANGLE OF 52’24’07”: THENCE NORTHEASTERLY ALONG THE ARC, A DISTANCE OF 17.69 FEET; THENCE NO4’32’43”E. A DISTANCE OF 486.93 FEET TO THE CENTERLINE OF ROSE ROAD (30’R/W) AND POINT OF ENDING.

TRACE TWO: COMMENCING AT A CHANNEL, IRON AT THE SOUTHEAST CORNER OF THE NE ¼ OF THE NW ¼ IN SECTION 33, T-12-S, R-5-E, ETOWAH COUNTY, ALABAMA; THENCE S89’33’15” W, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 659.38 FET OT EH POINT OF BEGINNING; THENCE CONTINUE S89’33’15”W, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 660.34 FEET TO A CAPPED REBAR “DENHAM” AT THE SOUTHEAST CORNER THEREOF: THENCE NOO’36’31”W, ALONG THE WEST LINE THEREOF, A DISTANCE OF 1318.64 FEET TO A CAPPED REBAR “DENHAM” AT THE NORTHWEST CORNER THEREOF; THENCE N89’24’41”E. ALONG THE NORTH LINE THEREOF A DISTANCE OF 660.22 FEET; THENCE NOO’36’48”, A DISTANCE OF 1320.29 TO THE POINT OF BEGINNING AND CONTAINING 20.00 ACRES, MORE OR LESS. SAID DESCRIPTION BEING THE EST 20 ACRES OF THE NE ¼ OF THE NW ¼ IN SECTION 33, T-12-S, R-5-E, ETOWAH COUNTY, ALABAMA.

ALSO A 30 FOOT WIDE AND 60 FOOT WIDE INGRESS/EGRESS EASEMENT TO AND ACROSS THE ABOVE DESCRIBED TRACT OF LAND DESCRIBED BY THE CENTERLINE AS FOLLOWS: COMMENCING THE NORTHEAST CORNER OF THE NE ¼ OF THE NW ¼ IN SECTION 33, T-12-S, R-5-E, ETOWAH COUNTY, ALABAMA: THENCE S89’24’41” W, ALONG THE NORTHLINE THEREOF, A DISTANCE OF 159.68 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID 60 FOOT WIDE EASEMENT; THENCE S89’24’41”W. ALONG SAID CENTERLINE AND ALONG THE NORTH LINE OF SAID FORTY, A DISTANCE OF 578.41 FEET TO A POINT; THENCE REVERSE COURSE AND RUN N89’24’41”E. ALONG SID CENTERLINE AND ALONG THE NORTH LINE OF SAID FORTY, A DISTANCE OF 578.41 FEET TO THE POINT OF BEGINNING OF SAID 30 FOOT WIDE EASEMENT;  THENCE ALONG THE CENTERLINE OF SAID 30 FOOT WIDE EASEMENT WITH THE FOLLOWING CHORD BEARINGS AND DISTANCES THEREOF; N17’12’36”E, A DISTANCE OF 344.59 FEET; THENCE N11’19’44 E, A DISTANCE OF 124.86 FEET; THENCE N16’17’59”e, A DISTANCE OF 157.13 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 187.52 FEET AND A CENTRAL ANGLE OF 34’27’46”; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 112.79 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 150.51 FEET AND A CENTRAL ANGLE OF 52’24’07”: THENCE NORTHEASTERLY ALONG THE ARC, A DISTANCE OF 137.66 FEET: THENCE NO1’38’23”W. A DISTANCE OF 17.69 FEET: THENCE NO4’32’43”E, A DISTANCE OF 486.93 FEET TO THE CENTERLINE OF ROSE ROAD (30’ R/W) AND POINT OF ENDING. SAID EASEMENT BEING 30 FEET ON EACH SIDE OF THE ABOVE DESCRIBED 60 FOOT WIDE EASEMENT CENTERLINE AND 15 FEET ON EACH SIDE EASEMENT CENTERLINE.

TRACT THREE: Beginning at eth Northeast corner of the NE ¼ of the NW ¼ in Section 33, T-12-S, R-5-E, Etowah County, Alabama; thence 500 degrees 36’ 48”E, along the east lien thereof a distance of 1,321.93 feet to the Southeast corner thereof; thence S89 degrees 33”15”W, a distance of 659.38 feet; thence N00 degrees 36’48”W, leaving said South line a distance of 1,320.29 feet to the North line of the NE ¼ of the NW ¼, thence N89 degrees 24’ 41”E, along the North line thereof, a distance of 659.38 feet to eh point of beginning and containing 20.00 acres, more or less, said description being the East 20 acres, more or less, said description being the East 20 acres of the NE ¼ of the NW ¼ in Section 33, T-12-S, R-5-E, Etowah County, Alabama.

Also a 30 foot wide and 60 foot wide ingress/egress easement to and across the above described tract of land described by the centerline as follows: Commencing the Northeast corner of the NE ¼ of the NW ¼ in section 33, T-12-S, R-5-E, Etowah County, Alabama; thence S89 degrees, 23’41’w, along the North line thereof, a distance of 159.68 feet to the point of beginning of the centerline of said 60 foot wide easement; thence S89 degrees 24’41”W, along said centerline and along the North line of said forty, a distance of 578.41 feet to a point; thence reverse course and run N89 degrees 24’41”E, along said centerline and along the North line of said forty, a distance of 578.41 feet to a point; thence reverse course and run N89 degrees 24’41E, along said centerline and along the North lien of said forty, a distance of 578.41 feet to the point of beginning of said 30 foot wide easement; thence along the centerline of said 30 foot wide easement with the following chord bearings and distances thereof: N17 degrees 12’36”E, a distance of 344.59 feet; thence N11 degrees 19’44”E, a distance of 124.86 feet; thence N16 degrees 17’59”E, a distance of 157.13 feet to a point of curve to the right having radius of 187.52 feet and a central angle of 34 degrees 27’46”; a thence Northeasterly along the arc a distance of 112.79 feet to a point of reverse curve to eh left having a radius of 150.51 feet and a central angle of 52 degrees 24’07”: thence Northeasterly along the arc, a distance of 137.66 feet; thence N01 degrees 38’23”W, a distance of 17.69 feet; thence NO4 degrees 32’43”E, a distance of 486.93 feet to the centerline of Rose Road (30”R/W) and point of ending. Said easement being 30 feet on each side of the above described 60 food wide easement centerline of 15 feet on each side of the above described 30 foot wide easement centerline.

THE FOLLOWING RESTRICTIONS OF THE USE OF THE PROPERTY SHALL RUN WITH THE LAND:

1 Only one family dwelling shall be constructed on a five-acre tract.

2 Each family dwelling on the property shall have at least 1900 square feet of living space.

3 No modular homes or mobile homes shall be placed on the property.

4 No commercial businesses or buildings shall be constructed or maintained on the property.

The Failure of any high bidder to pay the purchase price and close this sale shall, at the option of Mortgagee, be cause for rejection of the bid, and if the bid is rejected, Mortgagee shall have the option of making the sale to the next highest bidder who is able, capable and willing to comply with the terms thereof.

This sale is subject to postponement or cancellation.

Mark Jandrlich and Jo E. Jandrlich

Morgagees

George P. Ford

Ford, Howard & Cornett, P.C.

Attorney for Mortgagees

P.O. Box 388

Gadsden, AL 35902

256-546-5432

Sept 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Keith R. Cranford, a married man and Sara Cranford, a married woman, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Mortgageamerica, Inc., Corporation, on the 22nd day of September, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3302077 and re-recorded in Instrument No 3302077; the undersigned Wells Fargo Bank, N.A., 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 December 5, 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:

Lot Number Thirty Three (33) in Simco Subdivision, according to the map or plat thereof recorded in Plat Book G, Page 271, Probate Office, Etowah County, Alabama and lying and being in Attalla, Etowah County, Alabama.

Property street address for informational purposes:  1033 Cornella Circle , 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.

Wells Fargo Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

420721

Sept 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Bryan O. Chapman, a single man and Sandra Chapman, a single woman, to GAP, LLC, dated March 4, 2015, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3414813; the undersigned mortgage owner, GAP, LLC, 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 31st day of October, 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 27 of Thompson Estates as recorded in Plat Book “L”, Page 70, 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.

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

GAP, LLC

Mortgage Owner

COPELAND LAW, LLP

Attorneys for owner

Sept 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that mortgage dated June 17, 2014, in favor of Liberty Bank, a corporation, and executed by Windy D. Riddle, a married person, which mortgage is recorded June 18, 2014, in Instrument Number 3403326, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on October 20, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot 14 in Etherton’s Subdivision, as shown by the map or plat thereof recorded in Plat Book “H”, at Page 4, in the Office of the Judge of Probate for Etowah County, Alabama, lying and being in Etowah County, Alabama. (w2j/37065)

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2017 and October 1, 2018, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.

JONES MILWEE & CAMERON, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

Sept 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Ralph B. Anderson, an unmarried man, to Family Savings Credit Union on the July 31, 2015, said mortgage being recorded at Instrument #3421763, 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 23, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Eight (8) and the West or Northwest, one-half of Lot Number Ten (10), in Block Number Three (3), in Crestview Land Company’s Addition to Gadsden according to map recorded in Plat Book D, Page 145, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  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 (fka Family Savings Federal 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 29, Oct 6 & 13, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Sandy’s Place, Inc., to The Exchange Bank of Alabama on the 27th day of November, 2012, recorded as Instrument Number 3377423, 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 October 23, 2017, the following described real property situated in Etowah County, Alabama:

PARCEL ONE:

Commence at the Northwest corner of the NE 1/4 of the NW 1/4 in Section 29 and run South along the West line of said forty for a distance of 455.70 feet to a point on the Southerly right-of-way line of McClendon Road, also being the point of beginning of the land herein described; from said point of beginning deflect 75 degrees 39’ 58” left from the previous course and run Southeasterly along said right-of-way a distance of 161.33 feet; thence deflect left and continue along said right-of-way and along a curve to the left having a Central Angle = 7 degrees 20’ 22” Tangent = 129.74 feet, Radius = 2022.91 feet a distance of 148.95 feet measured along the chord of said curve havinga deflection angle of 4 degrees 20’ 05” left from the previous course and being the point of beginning; thence continue along said curve for a distance of 110.0 feet measured along the chord of said curve to a point; thence deflect 80 degrees 00’ 03” right from the chord of said curve and run Southerly a distance of 435.0 feet; thence deflect 103 degrees 39’36” right and run Northwesterly a distance of 110.0 feet to a point; thence run in Northerly direction and in a direct line to the point of beginning, said description embracing a portion of the NE 1/4 of the NW 1/4 in Section 29, Township 10 South, Range 6 East of the Huntsville Meridian, in Etowah County, Alabama.

ALSO:

Begin at a point in the west line of the NE 1/4 of the NW 1/4 in Section 29, which is 875.7 feet south of the northwest corner thereof, said point being the southwest corner of that certain tract conveyed to Charles Carnes, Sr., and Christopher W. Carnes by deed recorded in D-1999-1976; thence run Easterly and along the south line of said Carnes lot for a distance of 423.29 feet to the southeast corner thereof; thence deflect an angle of 103 degrees 39’ 06” to the left and run North along the east line of said tract and along the east line of that certain tract conveyed to Matthew J. Carnes and Christopher W. Carnes by deed recorded in 0-1999-1975 for a distance of 435 feet to a point in the south line McClendon Road; thence run East and along the south line of said road for a distance of 210 feet to a point; thence run South and parallel with the west line of said forty for a distance of 1,050 feet to a point; thence run West and in a direct line, for a distance of 630 feet, more or less, to a point in the west line of the SE 1/4 of the NW 1/4, which is 630 feet south of the point of beginning; thence run North along the West line of said forty and the West line of the NE 1/4 of the NW 1/4 for a distance of 630 feet to the point of beginning, said description embracing a portion of the B ½ of the NW 1/4 in Section 29, Township 10 South, Range 6 East of the Huntsville Meridian, in Etowah County, Alabama.

ALSO:

Commence at an existing ½” rebar at the Northwest corner of the NE 1/4 of the NW 1/4, Section 29, T-10-S, R-6 East of Huntsville Meridian and run S 00 Degrees, 07 minutes, 27 seconds East, along the West line there of, 455.70 feet to the South R/W of McClendon Road (60’ R/W); thence continue South 00 degrees, 07 minutes, 27 seconds East, along said West line, 420.00 feet to the point; thence run South 74 degrees, 12 minutes, 44 seconds East, leaving said West line, 241.64 feet to the point of beginning of the property described herein; thence continue South 74 degrees, 12 minutes, 44 seconds East, 71.65 feet to a point; thence run North 00 degrees, 01 minutes, 14 seconds West, 435.00 feet to the South R/W of said road; thence run North 81 degrees, 13 minutes, 49 seconds West along, said R/W 36.77 feet to a point; thence run South 14 degrees, 08 minutes, 24 seconds, West, leaving said R/W, 145.00 feet to a point; Thence run South 00 degrees, 36 minutes, 228 seconds East, 280.52 feet to the point of beginning. Said property being a portion of the NE 1/4 of the NW 1/4, Section 29, T-10-S, R-6-E, Etowah County, Alabama.

LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:

Commence at an existing ½” rebar at the Northwest corner of the NE 1/4 of the NW 1/4, Section 29, T-10-S, R-6 East of Huntsville Meridian and run S 00 degrees, 07 minutes, 27 seconds East, along the West line there of, 455.70, feet to the South R/W of McClendon Road (60’ R/W); thence continue South 00 degrees, 07 minutes, 27 seconds East, leaving said R/W, 420.00 feet to the point of beginning of the property described herein; thence continue S 00 degrees, 07 minutes, 27 seconds East, along said West line, 128.50 feet to a point; thence run South 74 degrees, 12 minutes, 44 seconds East, leaving said West line, 242.77 feet to a point; thence run North 00 degrees, 36 minutes, 28 seconds West, 128.81 feet to a point; thence run  North 74 degrees, 12 minutes, 44 seconds West, 241.64 feet to the point of beginning. Said property being a portion of the NE 1/4 of the NW 1/4, Section 29, T-10-S, R-6-E, Etowah County, Alabama.

AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:

Commence a the northwest corner of the NE 1/4 of the NW 1/4 in Section 29 and run South along the west line of said forty for a distance of 455.70 feet to a point on the southerly right-of-way line of McClendon Road, also being the point of beginning of the land herein described; from said point of beginning deflect 75 degrees 39’ 58” left from the previous course and run Southeasterly along said right-of-way a distance of 161.33 feet ; thence deflect left and continue along said right-of-way and along a curve to the left having a Central Angle = 7 degrees 20’22” Tangent = 129.74 feet, Radius = 2022.91 feet a distance of 258.95 feet measured along the chord of said. Curve having a deflection angle of 4 degrees 20’ OS” left from the previous course to a point, said point being the point beginning; thence deflect 80 degrees 00’ 03” right from the chord of said curve and run Southerly a distance of 225.00 feet; thence deflect 76 degrees 20’ 54” left and run a distance of 210.0 feet to a point; thence run in a Northerly direction and parallel to the west line of said forty for a distance of 225 feet, more or less, to a point in the south line of McClendon Road; thence run West and along the south line of said road for a distance of 210 feet, more or less, to the point of beginning, said description embracing a portion of the NE 1/4 of the NW 1/4 in Section 29, Township 10 South, Range 6 East of the Huntsville Meridian, in Etowah County, Alabama.

(Source of Title: Deed recorded as Instrument #: 3330491, Probate Office, Etowah County, Alabama)

AND ALSO BEING DESCRIBED AS:

Commence at an existing ½” rebar at the Northwest corner of the NE 1/4 of the NW 1/4, Section 29, T-10-S, R-6-East of the Huntsville Meridian, Etowah County, and run S0007’27E, along the West line thereof, 1004.20 feet to the point of beginning of the property described herein; thence continue S0007’27”E, along said West line, 501.50 feet to a point; thence run S7957’10”E, leaving said West line, 644.19 feet to a point; thence run N0007’27”W, 825.00 feet to a point; thence run N8246’09”W, 210.00 feet to a point; thence run N0001’14”W, 225.00 feet to a point on the Southerly R/W of McClendon Road (60’ R/W); thence run N8224’55”W, along said R/W, 161.92 feet to a point; thence run S1408’24”W, leaving said R/W, 145 feet to a point; thence run S0036’28”E, 409.34 feet to a point; thence run N7412’44”W, 242.77 feet to the point of beginning. Said property being a portion of the NE 1/4 of the NW 1/4 of the SE 1/4 of the NW 1/4, Section 29,  T-10-S, R-6-E, Etowah County, Alabama and contains 11.08 acres (more or less).

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

(Tax parcel #: 03-09-29-0-000-002.007 and part of tax parcel #: 03-09-29-0-000-002.013)

PARCEL TWO:

Commence at the Northwest corner of the NE 1/4 of the NW 1/4 in Section 29 and run South along the West line of said forty for a distance of 455.70 feet to a point on the Southerly right-of-way line of McClendon Road, also being the point of beginning of the land herein described; from said point of beginning deflect 75 degrees 39’ 58” left from the previous course and run Southeasterly along said right-of-way a distance of 161.33 feet; thence deflect left and continue along said right of way and along a curve to the left having a Central Angle = 7 degrees 20’22” Tangent= 129.74 feet, Radius = 2022.91 feet a distance of 258.95 feet measured along the chord of said curve having a deflection angle of 4 degrees 20’05” left from the previous course to a point, said point being the point of beginning; thence deflect 80 degrees 00’03” right from the chord of said curve and run Southerly a distance of 225.00 feet; thence deflect 76 degrees 20’54” left and run a distance of 21.00 feet to a point; thence run in a Northerly direction and parallel to the West line of said forty for a distance of 225 feet, more or less, to a point on the South line of McClendon Road; thence run West and along the South line of said road for a distance of 210 feet, more or less, to the point of beginning, said description embracing a portion of the NE 1/4 of the NW 1/4 in Section 29, Township 10 South, Range 6 East of the Huntsville Meridian, Etowah County, Alabama.

(Tax Parcel #: 03-09-29-0-000-002. 010)

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

Sept 29, Oct 6 & 13, 2017

______________

NOTICE TO

FILE CLAIMS

JOHN RAY GEORGE, JR.  appointed Personal Representative (s) on September 5, 2017 Estate of JOHN R. GEORGE, 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 15, 22 & 29, 2017

______________

NOTICE TO

FILE CLAIMS

VAN N. GREENHAW  appointed Personal Representative (s) on May 23, 2017 Estate of WILMA J. GREENHAW, 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 15, 22 & 29, 2017

______________

NOTICE TO

FILE CLAIMS

JOE F. NABORS, JR. appointed Personal Representative (s) on August 30, 2017 Estate of JOE F. NABORS, 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 15, 22 & 29, 2017

______________

NOTICE TO

FILE CLAIMS

LOIS FAULKNER.  appointed Personal Representative (s) on September 1, 2017 Estate of THOMAS FRANCES FAULKNER, 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 15, 22 & 29, 2017

______________

NOTICE TO

FILE CLAIMS

KEVIN HANSON  appointed Personal Representative (s) on August 10, 2017 Estate of DONNA MCMILLAN, 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 15, 22 & 29, 2017

______________

NOTICE TO

FILE CLAIMS

MARILYN R. HAMILTON appointed Personal Representative (s) on June 22, 2016 Estate of CARTHELL HAMILTON, 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 15, 22 & 29, 2017

______________NOTICE TO

FILE CLAIMS

JAMES ROBERT JENKINS appointment Personal Representative (s) on September 7, 2017 Estate of WILLIAM KENT JENKINS, 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 22, 29 & Oct 6, 2017

______________NOTICE TO

FILE CLAIMS

LEONARD M. ROBERTSON AND DONNA HOLLAND WILLIAMS appointment Personal Representative (s) on August 24, 2017 Estate of HOLLAND ROBERTSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins
Judge of Probate

Sept 22, 29 & Oct 6, 2017

______________NOTICE TO

FILE CLAIMS

LARRY MACK BATTLES appointed Personal Representative (s) on September 15, 2017 Estate of COY MACK BATTLES, 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 29, Oct 6 & 13, 2017

______________NOTICE TO

FILE CLAIMS

VIRGINIA JOLENE FLETCHER appointed Personal Representative (s) on September 12, 2017 Estate of VIRGINIA INEZ CLINE, 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 29, Oct 6 & 13, 2017

______________NOTICE TO

FILE CLAIMS

RANDY LEE WATKINS AND LANCE PATRICK WATKINS appointed Personal Representative (s) on August 23, 2017 Estate of ROGER DALE WATKINS, 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 29, Oct 6 & 13, 2017

______________NOTICE TO

FILE CLAIMS

TARA STEWART CLARK appointed Personal Representative (s) on August 23, 2017 Estate of JERRY EUGENE STEWART, 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 29, Oct 6 & 13, 2017

______________NOTICE TO

FILE CLAIMS

JANE SHADRICK appointed Personal Representative (s) on September 15, 2017 Estate of GEORGE E. ROCHESTER, 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 29, Oct 6 & 13, 2017

______________RESOLUTION NO. R-315-17

Ordering Abatement of Nuisance

                                                                       

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

322 KEELING ROAD in District 1 in the City of Gadsden, more particularly described as:

Lots 4 and 5 in Block 1 of Brewton’s Subdivision of Lots 2, Block 3, of Hadley Farms, according to the map or plat of said Brewton’s Subdivision as the same appears of record in the Office of the Judge of Probate of Etowah County, Alabama, in Book of Town Plats “D”, Page 227, and lying and being in Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Cynthia W. Elston and the Heirs of Troy L. Elston;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City 

Code.

           

Adopted by the City Council of Gadsden on September 19, 2017.

      

Iva Nelson, City Clerk     

Sept 29, 2017         

______________RESOLUTION NO. R-316-17

Ordering Abatement of Nuisance

                                                                       

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

908 PENNY STREET in District 3 in the City of Gadsden, more particularly described as:

Lot 4 in Crocheron’s Fifth Addition, according to the map thereof recorded in Plat Book B, Page 6, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to John T. Griffin, Mattie Griffin & et al, c/o Patricia M. Williams, 1122 Mt. Brook Drive;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City 

Code.

         

Adopted by the City Council of Gadsden on September 19, 2017.

      

Iva Nelson, City Clerk              

Sept 29, 2017

______________

NOTICE OF

CLERK’S SALE

By virtue of an Order entered on September 7, 2017, in the Circuit Court of Etowah County, Alabama in case styled Vivian King vs Randall Lebron Greenwood et als, I shall sell to the highest and best bidder, for cash, at public auction, at the front door of the Judicial Building in Gadsden, Etowah County, Alabama on the 24th day of October, 2017 at 11:00 a.m. the following described real estate, to wit:

Parcel One: Lots Four (4) and Six (6) in Block Number Thirteen (13), in Glendale Subdivision according to map recorded in Plat Book “E”, Page 53, Probate Office, Etowah County, Alabama.

Parcel Two: Lot No. 2, In Block No. 13, in Glendale subdivision, according to the map recorded in Plat Book “E”, page 53, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Albaama.

This the 14th day of September, 2017.

Cassandra Johnson

Circuit Clerk

Sept 22, 29, Oct 6 & 13, 2017

______________NOTICE OF

PUBLICATION

IN THE MATTER OF THE ADOPTION PETITION

NOTICE TO SONYA GIBBS AND KEVIN GIBBS, ADDRESS UNKNOWN

You will take notice that Petitions for Adoption of minor children born to Sonya Gibbs, a natural mother, set to be heard on November 29, 2017 at 10:00 a.m., were filed on the 8th day of September, 2017, alleging that the whereabouts of Sonya Gibbs and Kevin Gibbs are not known. Minor children’s birth dates are October 24, 1999, December 2, 2005, January 22, 2007 and February 8, 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 Christopher P. Word, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.

This the 8th day of September, 2017.

Attorney for Petitioner

Christopher P. Word, Esqurie

P. O. Box 8241

Gadsden, AL 35902

Bobby M. Junkins
Judge of Probate

Sept 22, 29, Oct 6 & 13, 2017

______________

NOTICE OF

CONDEMNATION

FORFEITURE

ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-17-900698-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$3,958.00 U. S. Currency,

DEFENDANT

In Re: Anthony Jermaine Robinson

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. You are hereby notified that you must answer said Complaint by the 29th day of November, 2017. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

Cassandra Johnson

Circuit Clerk

Sept 29, Oct 6 & 13, 2017

______________

NOTICE OF

CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-17-900699-WHR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$9,612.26 U. S. Currency,

DEFENDANT

In Re: Eric B. Lindsey, Jr.

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. You are hereby notified that you must answer said Complaint by the 29th day of November, 2017. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

Cassandra Johnson

Circuit Clerk

Sept 29, Oct 6 & 13, 2017

______________

NOTICE OF

PUBLICATION

NOTICE TO: ANDRAE CROWE AND/OR UNKNOWN AND/OR UNDISCLOSED FATHER, ADDRESS UNKNOWN.

You will take notice that a Petition for the Adoption of a child born to Boni Dawn Carstarphen, (natural mother), set to be heard on November 7, 2017 at 11:00 a.m., was filed on the 31st day of August, 2017, alleging that the identity of the natural parent of said minor child is Andrae Crowe or is unknown and has not been disclosed to the Court, and whose relationship is that of putative father. Minor Child’s birth date is 07/05/2017.

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 counsel for the petitioners, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.

This the 13th day of September, 2017.

Richard Rhea, Esquire

930 Forrest Avenue

Gadsden, AL 35901

Bobby M. Junkins
Judge of Probate

Sept 29, Oct 6, 13 & 20, 2017

______________

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

Required by 39 USC 3685

(1) Publication Title: The Messenger Newspaper

(2) Publication Number: 011757

(3) Filing Date: September 22, 2017

(4) Issue Frequency: Weekly

(5) Number of issues Published Annually: 52

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

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

(8) Complete Mailing Address of Headquarters or General Business office of Publication: 1957 Rainbow Drive, Gadsden, AL 35901

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

(10) Owner: The Messenger, LLC

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

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

(13) Publication Title: The Messenger Newspaper

(14) Issue Date for Circulation Data Below: September 29, 2017

(15) Extent and Nature of Circulation: General

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

a. Total Number of Copies (net press run) 6872/6684 b. Paid and/or Requested Circulation: (1) Mailed Outside-County Paid Subscription Stated on PS Form 3541 155/155 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 1181/1181 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 5257/5049 (4) Paid Distribution by Other Classes of Mail Through The USPS 64/66 c. Total Paid Distribution 6657/6541 d. Free or Nominal rate Distribution (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0/0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 0/0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS 145/145 (4) Free or Nominal Rate Distribution Outside the Mail 0/0 e. Total Free or Nominal rate Distribution 145/145 f. Total Distribution 6802/6596 g. Copies not Distributed 70/88 h. Total 6872/6684 i. Percent Paid 97.8/96.5. Not applicable 17. Publication of Statement of Ownership Printed in the September 29, 2017 publication.

Signed on September 222, 2017, Chris McCarthy, Publisher

______________ADVERTISEMENT

FOR BIDS

REROOFING ADAMS, DONEHOO AND FLOYD ELEMENTARY SCHOOLS AND NEW FIELD TURF AT THE GADSDEN HIGH SCHOOL FOOTBALL STADIUM

FOR

THE GADSDEN CITY BOARD OF EDUCATION

GADSDEN, ALABAMA

Separate sealed proposals as stated below shall be received by Dr. Ed Miller, Superintendent, at the Gadsden City Board of Education, Gadsden, Alabama, until 2:00 PM, Tuesday, October 17, 2017, then publicly opened and read aloud.

Proposal “A”: To furnish and install a Fluid Applied Acrylic/Urethane Roof Coating System over the existing roofing material at Adams and Floyd Elementary Schools. All work shall be completed in 60 calendar days from the “Notice To Proceed”.

Proposal “B”: To furnish and install a Membrane Roofing and Insulation System at Donehoo Elementary School. A pre-bid conference at the site (1109 E Broad St, Gadsden, AL) has been scheduled on Tuesday, October 10, 2017 at 10:00 AM, all parties interested in bidding this project are encouraged to attend. All work shall be completed in 60 calendar days from the “Notice To Proceed”.

Proposal “C”: To furnish and install new synthetic field turf system and athletic accessories at the Gadsden High School Football Stadium. All work shall be completed in 90 calendar days from the “Notice To Proceed”

All General Contractors bidding these projects shall be required to visit each site and examine all existing conditions prior to submitting their proposal. All Bidders shall have general liability and workman’s compensation insurance.

Each project shall be bid excluding taxes. Bids must be submitted on separate proposal forms furnished by the Architect or copies thereof.  No bid may be withdrawn after scheduled closing for receipt of bids for a period of sixty (60) days.  The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owners judgment, the best interests of the Owner will thereby be promoted.

A separate certified check or Bid Bond payable to the Gadsden City Board of Education in an amount not less than five percent (5%) of the amount of the bids, but in no event more than $10,000.00 must accompany each of the bidder’s proposals.  Performance and statutory labor and material payment bonds will be required at the signing of the Contract.

All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect. All bidders shall show such evidence by clearly displaying current license number on the outside of the sealed envelope in which the proposal is delivered.

Electronic images of the documents may be viewed on-line and printed by General Contractors, Sub Contractors and Suppliers by obtaining documents through the  www.mckeeassoc.com web site, by contacting the Architect at mckeeplans@gmail.com for log-in information and password. Please provide company name, address, phone #, fax #, email address and GC License #. This is the only web site endorsed by the Architect. The Architect is unable to monitor, confirm and maintain websites that are beyond his control. Addendums shall be posted on the above web site. The Architect retains ownership and copyrights of the documents. If bidders require printed sets the following shall apply: Submit to the Architect a deposit of $50.00 per set. The deposit shall be refunded less shipping charges for each set returned in reusable condition within ten days after bid opening.

All RFI’s and RFA’s regarding the bid documents shall be sent and addressed thru the following e-mail account:  haysc@mckeeassoc.com. The Architect will not accept inquires via telephone or fax.

Supervision: Contractor to provide Superintendent(s) to ensure proper supervision for all work for each Proposal.

Owner:

Dr. Ed Miller, Superintendent

The Gadsden City Board of Education

1026 Chestnut Street

Gadsden, Alabama 35901

Phone: (256) 543-3512

Architect:

McKee and Associates

Architecture and Interior Design

631 South Hull Street

Montgomery, Alabama 36104

Phone: (334) 834-9933

Sept 22, 29 & Oct 6, 2017

______________NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession the following described abandoned vehicle (s) on October 27, 2017 for charges due.

2003 TOYOTA CAMRY

VIN: 4T1BE3 2K73U236678

JIMMY’S AUTO SERVICE AND TOWING

1727 FORREST AVENUE

GADSDEN, AL 35901

Sept 22 & 29, 2017

______________NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession the following described abandoned vehicle (s) on October 27, 2017 for charges due.

VEHICLE 1

2010 DODGE AVENGER

VIN: 1B3CC4FB 5AN178321

VEHICLE 2

2005 CHEVROLET MALIBU

VIN: 1G1ZT548 15F130491

VEHICLE 3

1996 PLYMOUTH VOYAGER

VIN: 2P4GP453 2TR629012

VEHICLE 4

2001 CHRYSLER PT CRUISER

VIN: 3C8FY4BB 51T668503

VEHICLE 5

1998 FORD EXPEDITION

VIN: 1FMFU18L 1WLA11496

VEHICLE 6

1992 FORD CROWN VICTORIA

VIN: 2FACP74W 6NX234402

VEHICLE 7

2002 NISSAN XTERRA

VIN: 5N1ED28Y 52C512205

VEHICLE 8

2002 FORD MUSTANG GT

VIN: 1FAFP45X5 2F240170

VEHICLE 9

2005 CHRYSLER PACIFICA

VIN: 2C8GM48 L05R521854

VEHICLE 10

2008 CHRYSLER PT CRUISER

VIN: 3A8FY48 B58T105379

VEHICLE 11

2002 MERCURY MOUNTAINEER

VIN: 4M2ZU66K 32UJ34241

VEHICLE 12

2002 FORD ESCAPE

VIN: 1FMYU01 122KA69211

Thacker Towing

927 5th Avenue NE, Attalla, AL 35954

PH: 256-546-9994

Sept 22 & 29, 2017

______________NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession the following described abandoned vehicle (s) on October 27, 2017 for charges due.

VEHICLE 1

2000 MITSUBISHI ECLIPSE

VIN: 4A3AC84L XYE107941

VEHICLE 2

2005 NISSAN ALTIMA

VIN: 1N4AL11D8 5C277932

256-458-2007

VEHICLE 3

1998 FORD TAURUS

VIN: 1FAFP52U3 WG247599

VEHICLE 4

1996 CHEVROLET PRIZM

VIN: 1Y1SK528 8TZ063751

ER Towing & Recovery

827 Jones St. Gadsden, Al 35901

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

Sept 22 & 29, 2017