Legals for the week of November 10 - November 17, 2017

November 10, 2017 chris
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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kevin Rakestraw, single, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for USAA Federal Savings Bank, on June 4, 2010, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3333749; and subsequently modified on April 15, 2016, and said modification being recorded at Instrument Number, 3434427; and subsequently transferred to Ocwen Loan Servicing, LLC; Ocwen 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, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on November 20, 2017, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN ETOWAH COUNTY, ALABAMA, TO-WIT: LOT NUMBER SEVEN (7) IN BLOCK NUMBER FOUR (4) IN SENIC HIGHLANDS (MORE CORRECTLY DESCRIBED AS SCENIC HIGHLANDS) ACCORDING TO THE MAP THEREOF AS RECORDED IN PLAT BOOK “F”, PAGE 77, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, 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.

Ocwen Loan Servicing, LLC

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Oct 27, Nov 3 & 10, 2017

______________MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Paul Beaube Burgess, a married man, to Keystone Bank on the 15th day of January, 2015, said mortgage being recorded Instrument #3412586, 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 20th day of November, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:

Beginning at a pinch pipe marking the NW corner of Tract 11 of the J. T. Noojin Estates as recorded in Plat Book C, Page 44 & 45, in the Probate Office of Etowah County, Alabama; thence N 87°42’20” E 245.08’ to a ½” capped rebar (LS#21183), thence S 16°30’58” W 977.06’ to a ½” capped rebar (LS#21183).  Thence S 11°48’56” W 536.67’ to a ½” capped rebar (LS#21183) on the northeastern R/W of U.S. Highway #278 R/W variable; thence along said R/W N 67°27’35” W 236.32’ to a capped rebar (Dowdy), thence leaving said R/W N 14°50’00” E 230.25’ to a capped rebar (Dowdy), thence N 14°51’12” E 1178.45’ to the point of beginning.  Containing 7.36 acres more or less.

LESS AND EXCEPT:  Beginning at a pinch pipe marking the NW corner of Tract (11), J. T. Noojin Estates, as recorded in Plat Book “C”, Page 44-45, in the Probate Office of Etowah County, Alabama, thence N 87°42’10” E 245.06’ along the North line of said tract to a ½” rebar capped (LS#21183), thence leaving said tract line S 16°30’58” W 517.99’ to a ½” rebar capped (CA-497-LS), thence N 52°26’40” W 237.54’ to a ½” rebar capped (CA-497-LS) on the West line of said tract (11), thence N 14°51’12” E 353.83’ along the West line of said tract to the point of beginning, containing 2.27 acres more or less.

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.

River Bank & Trust fka Keystone Bank

BY:_/s/Dana L. Rice

Dana L. Rice, Its Attorney

Oct 27, Nov 3 & 10, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH Default having been made in the indebtedness secured by that certain mortgage executed by Raymond Keith Whorton A Married Man And Alisha Whorton to Mortgage Electronic Registration Systems, Inc., as nominee for Southpoint Bank, its successors and assigns dated May 29, 2015; said mortgage being recorded as Instrument No. 3418664 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to SunTrust Mortgage, Inc. in Instrument 3438275 in the Office of the Judge of Probate of Etowah County, Alabama. The undersigned, SunTrust Mortgage, Inc., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 4th day of December, 2017 the following property, situated in Etowah County, Alabama, to-wit: All that parcel of land in Etowah County, State of Alabama, being known and designated as 2.89 acres more or less in the SE 1/4 of the NW 1/4 and in the NE 1/4 of the SW 1/4 of Section 1, Township 13 South, Range 5 East, Huntsville Meridian; more particularly described as; Commence at the Northernmost corner of property described in deed from Michael Johnson to John C. Hopkins on November 19, 1979 and recorded in Deed Book 1321, Page 989 in the Probate Office of Etowah County, Alabama; thence Northwesterly along the Southwesterly boundary of Lake Circle a distance of 79.63 feet to the Northernmost corner of property described in Deed made November 13, 1986 from Lee Investment Corporation to Ronald Hewlett Towers and the point of beginning of said 2.89 acre tract; thence South 39 degrees 56 minutes West a distance of 90.24 feet to a point; thence South 38 degrees 18 minutes West a distance of 48.47 feet to a point; thence South 06 degrees 48 minutes West a distance of 135.24 feet to a point; thence South 66 degrees 16 minutes West a distance of 167.94 feet to a point; thence North 37 degrees 53 minutes West a distance of 69.17 feet to a point; thence North 28 degrees 51 minutes West a distance of 111.57 feet to a point; thence North 21 degrees 20 minutes East a distance of 110.04 feet to a point; thence North 16 degrees 47 minutes West a distance of 156.60 feet to a point; thence North 83 degrees 03 minutes East a distance of 383.78 feet to Southwesterly line of Lake Circle; thence Southeasterly along the Southwesterly side of Lake Circle a chord line of South 22 degrees 34 minutes East a distance of 154.46 feet to the point of beginning. Said property is commonly known as 121 S Lake Drive, Rainbow City, AL 35906. 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 14:19 Page 2 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 Raymond Keith Whorton and Alisha Whorton 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. SUNTRUST MORTGAGE, INC. as holder of said mortgage McCalla Raymer Leibert Pierce, LLC Two North Twentieth 2 20th Street North, Suite 1000 Birmingham, AL 35203 (800) 275-7171 FT21@mccallaraymer.com File No. 955616 www.foreclosurehotline.net

NOV 3, 10 & 17, 2017

______________MORTGAGE

FORECLOSURE SALE

Default has been made in the terms of the Mortgage executed by LADONNA FAITH STONBRAKER and DAVID TROY STONBRAKER, Mortgagors, to RODNEY R. WOLFROM, Mortgagee, dated May 24, 2016 and recorded instrument Number 3434591, Probate Office, Etowah County, Alabama.

Default has continued, The mortgagee, under the powers of sale contained in the Mortgage, will sell at public auction for cash to the highest bidder at the front steps of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale on the 5th day of December, 2017, the following described real estate:

A tract of land described as beginning at the Southeast corner of Lot No. 18 in Block “K”, of the Elliott Addition No. 2 as same appears of record in flat Book “B”, Page 2 and 3, In the Probate Office of Etowah County, Alabama, said point being in the Westerly line of a alley, as shown on said plat; thence run in a Southerly direction and along the Westerly line of said alley for a distance of 175.0 feet to a point; said point being the point of beginning; thence deflect to the right 89o 58’ ad run North 70o 02’ West for a distance of 135.98 feet to a point; said point being in the Easterly line of South Eleventh Street; thence deflect to the left and run South 12o 0’ West for a distance of 61.07 feet to a point; thence deflect to left and run South 2o 0’ West for a distance of 68.02 feet to a point; thence deflect to the left and run South 700 02’ East for a distance of 105.9 feet to a point in the Westerly line of said alley; thence deflect to the left and run North 210 0’ East and along said Westerly line of alley for a distance of 125 feet to the point of beginning, and embracing a portion of the Northeast Quarter (NE1/4) in Section Eight (8), Township Twelve (12) South, Range six (6) East, City of Gadsden, Etowah County, Alabama.

Property Address: 1230 South 11th Street, Gadsden, Alabama 35904

SOURCE OF TITLE: Instrument #: 3431077

The sale is made for the purpose of foreclosing the mortgage, paying the mortgage indebtedness, costs and expenses of foreclosure, including the attorney’s fee.

Mortgagee reserves the right to id on the property.  The Mortgage is a first Mortgage.

Jack Floyd

Attorney for Mortgagee

808 Chestnut Street

Gadsden, AL 35901

Nov. 3, 10 & 17, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Marques C. Guyton A Married Man And Jessica Guyton A Married Woman to Mortgage Electronic Registration Systems, Inc., as nominee for ERA Mortgage, its successors and assigns dated April 9, 2010; said mortgage being recorded as Instrument No. 3330486 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 3457673 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 4th day of December, 2017 the following property, situated in Etowah County, Alabama, to-wit:

A lot described as beginning in the east line of the Glencoe Road where the same intersects the South line of Lot  Number Two (2) in Dr. O.R. Eatman Farm according to the map thereof recorded in Plat Book C page 153 in the Probate Office, said point also being Six hundred sixty (660) feet northerly, measured along the east side of said road, from where said road intersects the south line of the Southwest Fourth of the Northwest Fourth (SW ¼ of the NW ¼) of Section Twenty (20) , Township Twelve (12), South of Range Seven (7) East of Huntsville Meridian, and from thence run in an easterly direction and along the South line of said Lot Number Two (2) a distance of Three hundred ninety-six (396) feet; thence in a northerly direction and parallel with the east line of said road a distance of one hundred twenty-six (126) feet; thence in a westerly direction and parallel with the South line of said lot Number Two (2) a distance of three hundred ninety-six (396) feet to the East line of said road; thence southerly and along the east line of said road; a distance of One hundred twenty-six (126) feet to the point of beginning, and embracing a part of Lot Number Two (2) in Dr. O.R. Eastman Farm according to the map thereof recorded in Plat Book C page 153 in the Probate Office, all being in Etowah County, Alabama.

Said property is commonly known as 1118 Lonesome Bend Rd, Glencoe, AL 35905.

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 Marques C. Guyton and Jessica Guyton 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 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 951717

www.foreclosurehotline.net

Nov 3, 10 & 17, 2017

______________NOTICE OF

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Reginald L. Huff and Frankie H. Huff, husband and wife, to Ameriquest Mortgage Company, on May 4, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document Number,

M-2004- 3523, Year: 2004, Day: 225; and subsequently transferred to Deutsche Bank National Trust Company, As Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2004-R7, Under

the Pooling and Servicing Agreement Dated July 1, 2004; Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R7, 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 November 28, 2017, during the

legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

The West 1/2 of Lots Number One (1), Two (2), and Three (3), in Block #8, of the Woodlawn Addition to Gadsden, Alabama, According to the Map or Plat thereof recorded in Plat Book "A", Page 15, 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.

Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R7

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988- 8888

Nov. 3, 10 & 17, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kathryn A. Galbreath, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., on the 25th day of October, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2005-4851, Affidavit recorded in Instrument Number 3455350 ; the undersigned Bank of America, 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 Three (3) in Block Eleven (11) Stewart Addition to the City of Attalla, Etowah County, Alabama, as recorded in Plat Book A, Pages 76-77, Probate Office, Etowah County, Alabama.

Property street address for informational purposes:  207 Cleveland Avenue, 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.

Bank of America, N.A., Mortgagee/Transferee

Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

405121

Nov. 3, 10 &17, 2017

______________ MORTGAGE FORECLOSURE

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

mortgage executed by David A. Patterson, unmarried, to Regions Bank doing business as AmSouth Bank on the 16th day of January, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3266280.  The undersigned Regions Bank doing business as AmSouth Bank, as mortgagee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the Main entrance of the Court House at Gadsden, Etowah County, Alabama, on the 5th day of December, 2017, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit: A part of the NW1/4 of NW1/4 of Section 23, Township 11 South, Range 3 East, Etowah County, Alabama, more particularly described as follows: from the northwest corner of said NW1/4 of NW1/4; thence S 2’ 20’00” E, 511.5 feet; thence S 70’ 52’ E, 320.0 feet; thence S 24° 41’ W, 150.0 feet; thence S 70° 52’ E, 40.0 feet to the point of beginning; thence continue S 70° 52’ E 240.0 feet to the northwest margin of Bristoe Cove Road; thence S 26°41’ W 144.46 feet along said road margin; thence leaving said road run N 66° 22’ W, 250.0 feet; thence N 27° 30 ‘56” E, 124.93 feet to the point

of beginning.  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 REGIONS BANK DOING,

Attorney for Mortgagee BUSINESS AS AMSOUTH

LONGSHORE, BUCK & LONGSHORE, P.C. BANK The Longshore Building MORTGAGEE

2009 Second Avenue North

Birmingham, Alabama 35203-3703

Phone: 205-252-7661

Nov. 10, 17 and 24, 2017

______________

MORTGAGE FORECLOSURE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William A. Luttrell, a married man and Alicia M. Luttrell, a married woman, originally in favor of ABN AMRO Mortgage Group, Inc., on the 18th day of April, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number M-2005-1642; the undersigned Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 19, 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 an existing capped pipe at the Southeast Corner of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), Section Eleven (11), Township Thirteen (13) South, Range Six(6) East of the Huntsville Meridian, Etowah County, Alabama and run North 84 degrees 37 minutes 00 seconds West, along the South line thereof, 150.00 feet to the point of beginning of the property herein; thence continue North 84 degrees 37 minutes 00 seconds West, along said South line, 150.21 feet to an existing 1/4 inch pipe; thence run North 01 degree 55 minutes 01 second East (M) North 01 degree 57 minutes 00 seconds East (R), leaving said South line, 436.21 feet (M) 436.00 feet (R) to an existing 3/4 inch pipe; thence run South 84 degrees 37 minutes 00 seconds East, 300.00 feet to an existing 3/8 inch rebar on the East line of said quarter; thence run South 01 degree 53 minutes 31 seconds West (M) South 01 degree 57 minutes 00 seconds West (R), 236.22 feet to a point; thence run North 84 degrees 37 minutes 00 seconds West, leaving said East line, 150.00 feet to a point; thence run South 01 degree 53 minutes 31 seconds West, 200.00 feet to the point of beginning. Said property being a portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), Section  Eleven (11), Township Thirteen (13) South, Range Six(6) East, Etowah County, Alabama and contains 2.31 acres (more or less).  Property street address for informational purposes:  426 Nancy Drive, Glencoe, AL  35905

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.Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures
381064

Nov. 10,17 & 24, 2017

______________

MORTGAGE FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 5, 2005 by Emily Lankford, A Single Person, originally in favor of Argent Mortgage Company, LLC, and recorded in Instrument # at M2005-3635 on August 29, 2005, in the Office of the Judge of Probate of Etowah County,

Alabama, and secured indebtedness having been transferred or assigned to JPMC Specialty Mortgage LLC as reflected by instrument recorded in Instrument #, 3307999 and Instrument #, 3382032 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on December 18, 2017, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in

Etowah County, Alabama, to wit:  All that certain lot or parcel of land situate in the County of Etowah, State of Alabama, “ and being more particularly described as follows:

A certain lot or parcel of land described as beginning South 1 degree 22 minutes West 258 feet, and due West 190 feet from the Northeast Corner of the SE 1/4 of the NE 1/4, Section 36, Township 11 South, Range 6 East; thence from said point of beginning; continue South I Degree 22 Minutes West 258 feet to the North right of way of Tidmore Bend Road; thence deflect right and run with said right of way South 49 degrees 45 minutes West 136 feet to a point; thence deflect right and run North 3 Degrees 52 Minutes West 366 feet to a point; thence deflect right and run South 81 Degrees 51 Minutes East 136 feet to the point of beginning; and being a portion of the Southeast Quarter of the Northeast Quarter (SE 1/4 of the NE 1/4), Section Thirty-Six (36),

Township Eleven (11) South, Range Six (6) East of Huntsville Meridian, in Etowah County, Alabama; and being the same tract described in Deed Book 1228, Page 823, Probate Office, Etowah County, Alabama.

For informational purposes only, the property address is: 1617 Tidmore Bend Rd, Gadsden, AL 35901. ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical,

environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and

unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail

to timely tender the total amount due. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. JPMC Specialty Mortgage LLC, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 17-014324

Attorneys for Mortgagee or Transferee

Nov 17 & 24 and Dec 1, 2017

______________

MORTGAGE FORECLOSURE

Whereas, default having been made in the payment of the indebtedness secured by that

certain mortgage executed by Jeffrey Jones and wife, Susan Jones, to Sunbelt Worksite Marketing,

Inc., a Defined Benefit Trust, on the 24 th day of March, 2017, said mortgage being recorded at

Instrument #3448429, 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 4 th day of December, 2017, the following

described real estate situated in Etowah County, Alabama, to-wit: Tract Number One (1), Bristow Cove Estate, Phase 3, as recorded in Plat Book J, Page 116, in the Probate Office of Etowah County, Alabama, and 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.

Sunbelt Worksite Marketing, Inc.

Dana L. Rice, Its Attorney

P. O. Box 129

Gadsden, AL 35902

Nov. 10, 17 and 24, 2017

______________

MORTGAGE

FORECLOSURE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Donald R. Dover, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc., on the 23rd day of January, 2015, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3413534; the undersigned Quicken Loans Inc., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on January 16, 2018, 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:

For a point of beginning to describe the property herein, start where the present East line of South Tenth Street intersects the present South line of Peachtree Avenue, or Street, said point being 26.7 feet Easterly, measured along the present South line of Peachtree Avenue, or Street, from the West line of the NW 1/4 of the NW 1/4 in Section 9, Township 12 South, of Range 6 East, and from thence run in a Southerly direction along the present East line of South Tenth Street, a distance of 140 feet to a point, and which said point is the point of beginning, and from said point of beginning, deflect an angle of 92 degrees 48 minutes to the left, and run in an Easterly direction to a point in the East line of Lot Number 108 of the Westview Addition; thence deflect an angle of 91 degrees 45 minutes to the right, and run in a Southerly direction along the East line of Lots Numbers 108 and 107 in said Westview Addition, a distance of 50 feet; thence deflect an angle of 88 degrees 15 minutes to the right, and run in a Westerly direction to a point in the present East line of South Tenth Street; thence deflect an angle of 92 degrees 48 minutes to the right and run in a Northerly direction along the present East line of South Tenth Street, a distance of 50 feet to the Point of Beginning, said description embracing a portion of Lots Numbers One Hundred Seven (107) and One Hundred Eight (108) in what is known as Block Number Five (5) in the Westview Addition to Gadsden according to the map thereof as recorded in Plat Book A, Page 1, Probate Office, Etowah County, and being and lying in the City of Gadsden, Etowah County, Alabama.Property street address for informational purposes:  812 S 10th St , Gadsden, AL  35901

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate. This sale is subject to postponement or cancellation. Quicken Loans Inc., Mortgagee/Transferee

Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures
423782

Nov. 10, 17 & 24, 2017

______________

MORTGAGE FORECLOSURE

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by R. T. Smith, Jr. Aka Roy T. Smith , Jr. Husband , Carla Smith And Tommy Smith to Mortgage Electronic Registration Systems, Inc., solely as a nominee for Homecomings Financial Network, Inc., its successor and assigns dated September 17, 2002; said mortgage being recorded as Instrument No. M-2002- 4392 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Ditech Financial LLC in Instrument 3454961 in the Office of the

Judge of Probate of Etowah County, Alabama. The undersigned, Ditech Financial LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash 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: Lots 3 and 4, according to the survey of Hillside Estates, as recorded in Map Book H, Page 66, in the Probate Office of Etowah County, Alabama.  Said property is commonly known as 116 Woodhaven Dr, 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 R. T. Smith, Jr. AKA Roy T. Smith , Jr., Carla Smith and Tommy Smith 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.

DITECH FINANCIAL LLC

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 939117

www.foreclosurehotline.net

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL

BE USED FOR THAT PURPOSE.

AMENDMENT TO NOTICE OF MORTGAGE FORECLOSURE SALE

The sale date under the above mentioned Notice of Mortgage Foreclosure Sale has been postponed until January 29, 2018, and public notice thereof having been given, the above notice is hereby republished with this amendment.

November 10, 2017

______________

NOTICE TO

FILE CLAIMS

HAROLD A. CRANFORD appointed Personal Representative (s) on October 10, 2017 Estate of JOHN FRANK CRANFORD, 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

Oct 27, Nov 3 & 10, 2017

______________NOTICE TO

FILE CLAIMS

EDITH AMILEE JOHNSON appointed Personal Representative (s) on October 16, 2017 Estate of ROGER M. JOHNSON, 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

Oct 27, Nov 3 & 10, 2017

______________NOTICE TO

FILE CLAIMS

MICHAEL WAYNE DAUGHERTY appointed Personal Representative (s) on October 2, 2017 Estate of EVELYN J. DAUGHERTY, 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

Oct 27, Nov 3 & 10, 2017

______________NOTICE TO

FILE CLAIMS

MARKETTA LYNN ELLIOTT appointed Personal Representative (s) on September 19, 2017 Estate of BRUCE ALAN ELLIOTT, 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

Oct 27, Nov 3 & 10, 2017

______________NOTICE TO

FILE CLAIMS

WILLIAM E. BROWNING appointed Personal Representative (s) on October 2, 2017 Estate of EULA MAE BROWNING, 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

Oct 27, Nov 3 & 10, 2017

______________NOTICE TO

FILE CLAIMS

CASE 3 S-9717

KENNETH BRETT WATTS appointed Personal Representative on 10/11/2017 Estate of DOROTHY J. WATTS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred

Bobby M. Junkins

Judge of Probate

Nov 3, 10 & 17, 2017

______________NOTICE TO

FILE CLAIMS

CASE# S-9649

LEONARD M. ROBERTSON AND DONNA HOLLAND WILLIAMS appointed Co-Personal Representatives on 8/24/2017 Estate of JEANETTE 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

Nov 3, 10 & 17, 2017

______________NOTICE TO

FILE CLAIMS

CASE # S-9719

DENISE SANDERS appointed Personal Representative on 10/13/2017 Estate of FERRELL L. CORNUTT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Nov 3, 10  & 17, 2017

______________NOTICE TO

FILE CLAIMS

CASE# S-9696

MARJORIE ROBISON PATTERSON appointed Personal Representative on 09/19/2017 Estate of HALEY PATTERSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby Junkins

Judge of Probate

Nov. 3, 10 & 17, 2017

______________

NOTICE TO

FILE CLAIMS

ROBERT WESLEY PINNELL, JR. appointed Personal Representative on 10/13/2017 Estate of SYLVIA PINNELL, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby Junkins

Judge of Probate

Nov. 10,17 & 24, 2017

______________

NOTICE TO

FILE CLAIMS

RALPH MORRIS AND SHIRLEY LAMB appointed Co-Personal Representatives on 08/24/17  Estate of LUCY ANN SOUTHARD MORRIS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby Junkins

Judge of Probate

Nov. 10, 17 and 24, 2017

______________

NOTICE TO

FILE CLAIMS

DAVID M. DEVIN AND JANETTA L. DEVIN appointed Personal Representative on 10/30/17 Estate of DONALD LEE DEVIN, deceased, Probate Court of Etowah couty, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby Junkins

Judge of Probate

Nov 10,17 & 24, 2017

______________NOTICE TO

FILE CLAIMS

JAMES SCOTT BAKER appointed Personal Representative on 10/31/2017 Estate of MARY JO BRANNON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby Junkins

Judge of Probate

Nov. 10,17 & 24, 2017

______________RESOLUTION NO. R-359-17

Ordering Abatement of Nuisance

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

204 S. 7th STREET in District 4 in the City of Gadsden, more particularly described as:

Commence at the Northwest corner of Lot Number Four (4), Block Six

(6), W. T. Cox South Addition, according to the map or plat thereof,

recorded in Plat Book B, page 360, Probate Office, Etowah County,

Alabama; thence run Southerly along the Westline of said Lot Number

Four (4) a distance of 133.66 feet to a point; thence left deflect 89 degrees

56 minutes and run a distance of 70.00 feet to a point on the East line of

said Lot Number Four (4); thence deflect left 90 degrees 04 minutes and

run Northerly along the East line of said Lot Number Four (4) a distance

of 133.52 feet to the Northeasterly corner of Lot Number Four (4); thence

deflect left 89 degrees 49 minutes and run Westerly along the North line

of said Lot Number Four (4) a distance of 70.00 feet to the point of

beginning, said tract embracing a portion of Lot Number Four (4), Block

Six (6), W. T. Cox South Addition, according to the map or plat thereof,

recorded in Plat Book B, Page 360, Probate Office, Etowah County, lying

and being in East 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 Terry Wayne Pruitt; 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 October 31, 2017.

Iva Nelson, City Clerk

Nov. 10, 2017

______________RESOLUTION NO. R-358-17

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition

located at 236 RUSSELL STREET in District 1 in the City of Gadsden, more particularly

described as:  BEG NW LT 45 TH E 36.53 TH SE 59.01 TH S 142.83 TH W 51 TH N

200 TO POB BEING PT LT 45 BLK E MAYFAIR EST PLAT C-273 24-12-6 of the probate records of Etowah County Alabama.

Tax ID#: 31-15-06-24-1-000-092.003 is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has

been given to Lisa York, 236 Russell Street, Gadsden, AL 35903. Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the property constitutes a nuisance in violation of

the Code Ordinances and should be abated.

2. The Building Official is authorized to abate the nuisance by removing said

nuisance and to give notice of this decision in accordance with the Code Ordinances.

Adopted by the City Council of Gadsden on October 31, 2017.

Iva Nelson, City Clerk

Nov. 10, 2017

______________NOTICE

OF ADOPTION

IN THE MATTER OF THE ADOPTION PETITION OF MICHAEL DIXON AND ALISA DIXON

TO: HERBERT MCNUTT, FATHER, address unknown.  You will take notice that a Petition for the Adoption of a child born to Leiza Miller, (Natural Mother), set to be heard on January 9, 2018 at 10:00 a.m. was filed on the 27th day of October, 2017, alleging that the identity of the natural parent of said minor child is Herbert McNutt and whose relationship of said Herbert McNutt to the aforesaid minor child is that of putative father.  Minor Child’s birth date is 09/16/2005.

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

Attorney of the Petitioner: Catherine M. Bailey, Esquire, 222 South 8th Street, Gadsden, AL 35901

This the 30th day of October, 2017

Bobby Junkins

Probate Judge

Nov. 3,10,17 & 24, 2017

______________NOTICE OF PETITION

SEEKING TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: B.K.D. (D.O.B. 03/20/2006) Case No: JU-2017-437.01

J.N.D. (D.O.B. 03/24/2011) Case No: JU-2017-438.01

PETITIONER: KARMEN GRANT

NOTICE TO: ALLEN RAY DAY, JR.

You are hereby given notice that a Petition has been filed by Karmen Grant requesting that your parental rights be terminated with regard to B.K.D., a minor born on March 20, 2006, and J.N.D., a minor born on March 24, 2011.  You are hereby given notice that you are required to file an Answer with the Clerk of the Etowah County Juvenile Court and with the Petitioner’s attorney, Justin D. Hayes, 406 South 3rd Street, Gadsden, AL 35901, within fourteen (14) days from the date of last publication of this notice or a judgment by default may be entered against you.

Cassandra Johnson

Juvenile Court Clerk

Nov 3, 10, 17 & 24, 2017

______________LEGAL NOTICE

DELBERT JAMES MCLAUGHLIN HEIR-AT-LAW AND NET-OF-KIN OF JAMES E. MCLAUGHLIN

CASE NUMBER: S-5170

A Petition for Final Settlement of the Estate of James E. Mclaughlin shall be heard on 30th day of November 2017, at 10:30 am in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama.

Charles Y. Boyd

Attorney for Petitioner

930 Forrest Avenue

Gadsden, Alabama 35901

Bobby Junkins

Judge of Probate

Nov. 3,10,17 & 24, 2017

______________NOTICE LEGAL

NOTICE TO: ALL HEIRS AND NEXT-OF-KIN OF:

ERMA NELL MCGOWAN CHANDLER,

Robert McGowan and Ashley McGowan.

A hearing on the Petition for Final Settlement of the Estate of ERMA NELL MCGOWAN CHANDLER, deceased, will be held before the undersigned on the 6th day of December, 2017 at 10:30 am at the Etowah County Courthouse, Gadsden, Alabama.

Bobby Junkins

Judge of Probate

Nov. 3, 10, 17 & 24, 2017

______________NOTICE OF CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-17-900784-GCD

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

PLANTIFF

VS.

$1,590.00 U.S. Currency

2012 Toyota Tundra

VIN# 5TFUW5F14CX221643

DEFENDANT

In Re: Gary Justin Chappell

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

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 byt eh 22nd day of December, 2017.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency and vehicle.

Done this the 27th day of October, 2017.

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

Nov. 3,10,17 & 24, 2017

______________NOTICE OF CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-17-900783-WHR

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

PLAINTIFF

VS.

$25,072.00 US Currency

1993 Cadillac Deville VIN# 1G6C D53B4P4201403

2000 Lexus GS300 VIN# JT8BD68S 4Y0092133

2000 Ford Mustang VIN# 1FAFP44 47YF212497

2006 Chevrolet HHR VIN# 3GND A13D26S559657

Sharp Aquos TV LC-52LE810UN Serial# 010856289

DEFENDANT

In Re: Marcus Coats

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

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, vehicles, and property.  You are hereby notified that you must answer said Complaint by the 22nd day of December 2017.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency, vehicles, and property. 

Done this the 26th day of October, 2017.

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

Nov. 3,10,17 & 24, 2017

______________NOTICE OF CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-17-900727-WBO

STATE OF ALABAMA ex rel: Etowah County Drug Enforcement Unit

Plaintiff

VS.

Residence and Land located at

305 Lakepoint Drive Gadsden, AL 35901 Lot Six (6) of North Shore Village as the

same appears of record in Plat Book “K”, Page 42, in the Probate office of Etowah County, Alabama said property lying and being in Gadsden, Etowah County, Alabama.  Subject to rights-of-way, covenants, restrictions, easements, agreements, setback lines, reservations, mineral/mining rights and declarations of record, if any.

2016 Nissan Rogue

VIN# 5N1AT2 MT1GC802931

2014 GMC Yukon

VIN# 1GKS2E EF1ER218145

DEFENDANT

In Re: Danny James Short & Lori B. Short

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described property and vehicles.  You are hereby notified that you must answer said Complaint by the 2nd day of December 2017.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said Property.

Done this the 3rd day of October 2017.

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

Nov. 3,10,17 & 24, 2017

______________NOTICE OF CONDEMNATION

FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION, CASE NO: CV-17-900785-WBO

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

PLAINTIFF

VS.

2001 Buick LeSabre VIN# 1G4HP54K 21U188954

DEFENDANT

In Re: Damon Parrish Turner

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle.  You are hereby notified that you must answer said Complaint by the 22nd day of December 2017.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

Done this the 26th day of October 2017.

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

Nov. 3,10,17 & 24, 2017

______________ADVERTISEMENT FOR

PREQUALIFICATION AND BIDS

PREQUALIFICATION PROPOSALS will be received via email, or other electronic transmission,  and one paper copy, on behalf of the Owner by Goodwyn, Mills & Cawood, Inc.,  at 2701 1st Avenue South, Ste. 100, Birmingham, AL  35233, for the below referenced project, until 2:00 PM Local Time, Tuesday, November 14, 2017.  The prequalification procedure is intended to identify responsible and competent bidders relative to the requirements of the Project.  Prequalification proposal requirements may be obtained from the Architect, by request either by phone (205.879.4462) or e-mail alyssa.morley@gmcnetwork.com, to Alyssa Morley. Additional qualifications and requirements for General Contractor Bidders and separate Subcontractors are indicated in the Bid and Contract Documents.

SEALED PROPOSALS will be received only from previously PRE-QUALIFIED General Contractors by The City of Attalla, located at 612 4th Street NW, Attalla, Alabama 35954; until 2:00 PM Local Time, Thursday, December 7, 2017 for this project:

NEW FIRE STATION No.2

for

THE CITY OF ATTALLA, ALABAMA

(LOCALLY FUNDED)

at which time and place they will be publicly opened and read.

A cashiers check or bid bond payable to The City of Attalla in an amount not less than five (5) percent of the amount of the bid, but in no event more than $10,000, must accompany the bidder’s proposal.  Performance and statutory Labor and Material Payment Bonds, and insurance in compliance with requirements, will be required at the signing of the Contract.

Drawings and Specifications may be examined at the Office of the Architect; Dodge Data & Analytics; Data Fax; and ConstructConnect.

Bid documents (Plans, Specifications, and Addenda) will be sent to prequalified General Contractors only from the Architect electronically with no deposit.  Subcontractors should contact a General Contractor or plan room for documents.

Only General Contractors who have completed the prequalification process within the stated time limits, and which are properly licensed in accordance with criteria established by the State Licensing Board for General Contractors under the Provision of Title 34, Chapter 8, Code of Alabama, 1975, as amended, will be considered for prequalification for the Work of this project. 

A MANDATORY PRE-BID CONFERENCE will be held at the same location as bids are to be opened, at 2:00 PM local time Tuesday, November 28, 2017 for the purpose of reviewing the project and answering Bidder’s questions.  Attendance at the Pre-Bid Conference IS REQUIRED for all General Contractor Bidders intending to submit a Proposal, and is highly recommended for Subcontractors.  Bids from General Contractors not attending the Pre-Bid Conference will be rejected.

Per the Owner and the Alabama Department of Revenue (ADOR), Act 2013-205, the project will be bid EXCLUDING TAXES and will require the Contractor to complete ABC Form C-3A Accounting of Sales Tax Attachment to ABC Form C-3 Proposal Form (October 2013) which will be submitted with the Contractors Proposal at the time of the Bid.  If awarded the bid, both tax exempt entity and contractor shall apply for certificates of exemption.  ADOR shall issue certificates of exemption from sales and use tax for each tax exempt project. Certificates shall only be issued to contractors licensed by the State Licensing Board for General Contractors or any subcontractor working under the same contract.  Items eligible for exemption are building materials, construction materials and supplies and other tangibles that become part of the structure.  ADOR will handle the administration of the certificates and the accounting of exempt purchases.

The Owner reserves the right to reject any or all proposals, to waive technical errors and/or abandon the prequalification and bid process if, in their judgment, the best interests of the Owner will thereby be promoted.

The City of Attalla, Alabama

612 4th Street NW

Attalla, Alabama, 35954

GOODWYN, MILLS & CAWOOD, INC.

MEMBERS, AMERICAN INSTITUTE OF ARCHITECTS

2701 1st Avenue South, Suite 100

Birmingham, Alabama  35233

Phone: (205) 879-4462

Fax: (205) 879-4493

Oct 27, Nov 3 & 10, 2017

______________LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that J&D Enterprises Contractor has completed the Contract for Paving & Drainage Improvements, Project #CBHM170058 at Valley Street Campus, Gadsden State Community College for the State of Alabama and the City of Gadsden, Owner(s), and have made request for final settlement of said Contract. All persons having claim for labor, materials, or otherwise in connection with this project should immediately notify Goodwyn, Mills and Cawood, Inc. Montgomery, AL

J&D Enterprises LLC

P. O. Box 583

Gadsden, AL 35902

Oct 27, Nov 3, 10 & 17, 2017

______________NOTICE OF

ADOPTION

TO: YULONDA CHANTAY HAWKINS LEWIS:

You will take notice that a Petition for Adoption has been filed in the Probate Court by John L. Underwood to adopt MKL, Case No.: A-1189. Hearing is set for the 19th day of December, 2017, at 11:00 a.m.

If you , as mother, intendt to contest this adoption you, as mother must file a written response within 30 days of the date of the last publication herein with the Clerk of the Probate Court of Etowah County, Alabama.

DONE this the 23rd day of October, 2017.

Bobby M. Junkins

Judge of Probate

Oct 27, Nov 3, 10 & 17, 2017

______________LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Johns and Kirksey, Inc., has completed the Contract for, Reroofing Hokes Bluff Middle School, Etowah County Board of Education, Gadsden, AL, Owner, and has made request for final settlement of said contract.  All persons having any claim for labor, materials or otherwise in connection with this subject should immediately notify, McKee and Associates, Inc., 631 South Hull Street, Montgomery, AL 36104 order to avoid Barring of  Claims by Law.

JOHNS AND KIRKSEY, INC.

5424 Metro Park Drive

Tuscaloosa, Alabama 35405

Oct 20, 27, Nov 3 & 10, 2017

______________NOTICE

TO BIDDERS

Sealed Bid Proposals will be received by the Gadsden Water Works and Sewer Board, Gadsden, Alabama, until 10:00 a.m. local time on Tuesday, December 5, 2017, and then publicly opened and read for Intermediate Pump Procurement for the C.B. Collier Water Treatment Plant Post Filter GAC Contactor Facility – Phase 1. Sealed Bid Proposals shall be submitted prior to the aforementioned time to:

Gadsden Water Works and Sewer Board

Attention: Chad Hare, General Manager

515 Albert Rains Boulevard

P.O. Box 800

Gadsden, AL 35902

The Gadsden Water Works and Sewer Board is soliciting proposals from qualified sellers capable of furnishing and delivering compliant equipment for a portion of the Gadsden Water Works and Sewer Board’s Intermediate Pump Procurement for the C.B. Collier Water Treatment Plant Post Filter GAC Contactor Facility – Phase 1. The seller will furnish and deliver two (2) horizontal split case pumps, motors and variable frequency drives to the C.B. Collier Water Treatment Facility in accordance with the Contract Documents, provide design services consisting of system design, shop drawings, operations and maintenance manuals, provide shop testing, installation, commissioning, performance testing, training, and service maintenance agreement as specified herein.

For additional information concerning Gadsden Water Works and Sewer Board’s Intermediate Pump Procurement for the C.B. Collier Water Treatment Plant Post Filter GAC Contactor Facility – Phase 1, please contact Scott Cummings with Hazen and Sawyer by phone at (205) 957-4148 or by email at scummings@hazenandsawyer.com for a Bid Proposal Request Package that contains detail information concerning this project.

Nov. 10, 2017

______________PUBLIC NOTICE

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: Mineral Extraction Facilities Public Notice 210 Etowah County Alabama Wholesale Stone, Inc. – Mine #2, 1480 County Road 36, Oneonta, Alabama 35121, NPDES Permit Number AL0083046, located at 601 Fire Tower Road, Boaz, Etowah County, Alabama, for issuance of a permit that limits discharges of treated drainage from dimension sandstone quarry and associated areas, discharging to an unnamed tributary to Clear Creek, classified as Fish and Wildlife, in the Black Warrior River Basin. 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 10th day of November, 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.

Nov. 10, 2017

______________NOTICE OF SALE

Notice is hereby given that the contents of the following storage buildings will be sold by Off Campus Storage at 10:00am November 24, 2017 at 480 George Wallace Drive, Gadsden, AL 35903.

Bruce Baker, 99 & 98; Linda Brown, 81; Sonya Hope, 44; Keri Tucker, 65; Robert Lancaster, 160; Jashonna Avery, 4; Brooke Fricks, 117; Tara King, 50; Blake Hall, 39; Kenneth Battles, 62; Zebbie Hardy, 115; Debra Smith, 107.

Nov. 10 & 17, 2017

______________ESTATE NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-9723

A petition for Summary Distribution of the Estate of Wade S. Talley, Jr. deceased having been submitted to the Honorable Bobby Junkins, Judge of Probate, by Petitioners Lisa Flaschar and David Morrow, on the 13th day of October 2017.  Notice is hereby given that all persons contesting said Petition shall file response thereto with the Judge of Probate, Etowah County, within thirty (30) days following the publication of this Notice.

Nov. 10, 2017

______________NOTICE

TO BIDDERS

Sealed Bid Proposals will be received by the Gadsden Water Works and Sewer Board, Gadsden, Alabama, until 10:30 a.m. local time on Tuesday, December 5, 2017, and then publicly opened and read for Granular Activated Carbon Contactor System Procurement for the C.B. Collier Water Treatment Plant Post Filter GAC Contactor Facility – Phase 1. Sealed Bid Proposals shall be submitted prior to the aforementioned time to:

Gadsden Water Works and Sewer Board

Attention: Chad Hare, General Manager

515 Albert Rains Boulevard

P.O. Box 800

Gadsden, AL 35902

The Gadsden Water Works and Sewer Board is soliciting proposals from qualified sellers capable of furnishing and delivering compliant equipment and materials for a portion of the Gadsden Water Works and Sewer Board’s Granular Activated Carbon Contactor System Procurement for the C.B. Collier Water Treatment Plant Post Filter GAC Contactor Facility – Phase 1. The seller will furnish and deliver eight (8) 12-foot diameter, 40,000 lb capacity carbon contactors and associated pipe and valve manifolds to the C.B. Collier Water Treatment Facility in accordance with the Contract Documents, provide design services consisting of system design, shop drawings, operations and maintenance manuals, and provide shop testing, installation, commissioning, performance testing, training, and service maintenance agreement as specified herein.

For additional information concerning Gadsden Water Works and Sewer Board’s Granular Activated Carbon Contactor System Procurement for the C.B. Collier Water Treatment Plant Post Filter GAC Contactor Facility – Phase 1, please contact Scott Cummings with Hazen and Sawyer by phone at (205) 957-4148 or by email at scummings@hazenandsawyer.com for a Proposal Request Package that contains

detail information concerning this project.

Nov. 10, 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 December 15, 2017 for charges due.

2013 Chrysler 200 VIN# 1C3CC BBG2DN704014

1997 Ford LGT VIN# 1FTDX 1767VND19807

2005 Pors Boxster VIN# WPOCA298156710975

UNI TOWING

203 Cullman Ave SW

Attalla, AL 35954

Nov 3 & 10, 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 December 8, 2017

1996 VOLKSWAGON GOLF VIN: 3VWFB81HXTM130129

2004 MITSUBISHI ECLIPSE VIN: 4A3AE75H64E041669

ER Towing & Recovery

827 Jones Street

Gadsden, AL 35901

256-547-1549

Nov 3 & 10, 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 December 8, 2017.

2006 MECEDES ML500 VIN: 4JGBB 75E26A086135

BUDDY’S TOWING & RECOVERY

519 N. 13th Street

Gadsden, AL 35901

(256) 439-9598

Nov. 3 & 10, 2017

______________AUCTION

NOTICE

Pursuant to the provisions of Alabama Abandoned Motor Vehicles 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 to wit:

1992 Toyota Camry (Gold) VIN: 4T1SK 11E1NU146745, Towed on: 10/03/2017

Towed from: Billy King Drive, Boaz, AL 35957

1993 Ford Crown Victoria (White) VIN: 2FACP 71W7PX164819 Towed on: 10/2/2017

Towed from: 301 College Pkwy, Gadsden, AL 35903

2004 Jeep Liberty (White) VIN: 1J4GK4 8K34W179833 Towed on: 09/22/2017

Towed from: Rainbow City, AL 35906

2005 Suzuki LT-Z400 (White) VIN:JSA AK47A152105544 Towed on: 09/23/2017

Towed from: Mena Horton, AL 35980

2001 Ford Taurus VIN: 1FAPP5 5253A202401 Towed on: 09/28/2017

Towed from: 204 3rd Street NW Attalla, AL 35954

1996 Chevrolet Cavalier (Green) VIN: 3G1JC1 245TS806472 Towed on: 09/19/2017

Towed from: Hwy 759 Gadsden, AL 35901

2004 BMW X5 (White) VIN: 5UXFA13514LU41207 Towed on: 09/14/2017

Towed from: South 6th Street @ Cherry Street

1989 Chevrolet P30 (White) VIN: 1GBKP 37W2K3329157 Towed on: 09/1/2017

Towed from: 300 Block 3rd Street NW Parking Lot

Will be sold to the highest bidder for cash at 15575 US Hwy 278 W, Attalla, AL 35954 on 12/06/2017 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 at 256-490-7237 for more information.  Vehicles will be available for viewing 1 hour prior to sale on the sale date.

Nov. 3 & 10, 2017