Legals for the week of Dec. 8 - Dec. 15, 2017

December 8, 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 Eva E. Rose, a single woman, originally in favor of ABN AMRO Mortgage Group, Inc., on the 10th day of April, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3269435; the undersigned CitiMortgage, Inc., successor by merger with ABN AMRO Mortgage Group, 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 2, 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:  To reach the Point of Beginning of the lands therein described, Commence at the Northeast Corner of the Northeast Quarter of the Southwest Quarter of Section 28; thence run North 90 degrees 00 minutes 00 seconds West along the North line of said Quarter Section a distance of 330.00 feet to a point; thence South 01 degree 14 minutes 54 seconds East parallel to the East line of said Quarter Section a distance of 365.00 feet to the Point of Beginning; thence North 90 degrees 00 minutes 00 seconds East a distance of 290.40 feet to a point; thence South 01 degree 14 minutes 54 seconds East a distance of 150.00 feet to a point; thence South 90 degrees 00 minutes 00 seconds West a distance of 290.40 feet to a point; thence North 01 degree 14 minutes 54 seconds West a distance of 150.00 feet to the Point of Beginning.  To describe the centerline of a 20 foot wide easement for ingress and egress to aforesaid parcel of land from Rose Road, Commence at the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 28; thence run North 90 degrees 00 minutes 00 seconds East a distance of 10.00 feet to the centerline of Easement; thence run North 01 degree 14 minutes 54 seconds West parallel to the East line of said Quarter Section a distance of 829.00 feet to a point; thence run North 90 degrees 00 minutes 00 seconds East a distance of 29.38 feet to the East line of aforesaid parcel. The aforesaid Parcel and Easement embraces portions of the Northeast Quarter of the Southwest Quarter, all in Section 28, Township 12 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.  Property street address for informational purposes:  250 Rose Rd, Rainbow City, AL  35906.  THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

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

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

217093

Nov 24, Dec 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on November 26, 2007 by Clark V. Stewart and Daphne Martin Stewart, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, and recorded in Instrument # at 3284233 on November 27, 2007, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in 3305957 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 27, 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: Lot Number 54 in the 4th Addition to Monte Vista, Gadsden, Alabama, as recorded in Plat Book “G”, Page 123, Probate Office, Etowah County, Alabama. For informational purposes only, the property address is: 304 Kenwood Cir, Gadsden, AL 35904. ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. JPMorgan Chase Bank, National Association, and its successors and assigns Mortgagee or Transferee SHAPIRO AND INGLE, LLP 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 704-333-8107/ 17-014405 Attorneys for Mortgagee or Transferee

Nov 24, Dec 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated December 13, 2011, executed by Sarah Beth Baker, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, which mortgage was recorded on December 20, 2011, in Instrument No. 3359815, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, notice is hereby given that pursuant to law and the power of sale

contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 23, 2018, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 7, Peteet Estates, Phase I, as recorded in Plat Book “L”, Page 53, Probate Office,

Etowah County, Alabama. This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

JPMorgan Chase Bank, National Association

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Nov 24, Dec 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on October 11, 2004 by James N. George and Belinda C. George, Husband and Wife as joint tenants with right of survivorship, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for HomeQuest Capital Funding, and recorded in M Book 2004 at Page 4567 on October 19, 2004, in the Office of the Judge of Probate of Etowah County, Alabama. 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 27, 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: Lot Fifteen (15) in Calhoud Estates, According to the Map or Plat thereof recorded in Plat Book “H”, Pages 132 and 133, Probate Office, Etowah County, Alabama and lying an being in Rainbow City, Etowah County, Alabama. The above described property is conveyed subject to the following: 1. Ad Valorem taxes accruing on or after October 1, 1978. 2. Rights of Alabama Power Company described in Instruments recorded in Book “325, page 141, and Book “438”, Page 479, Probate Office, Etowah County, Alabama. 3. Rights of Alabama Power Company and Southern Bell Telephone and Telegraph Company described in Instrument recorded in Book “1156”, Page 181, Probate Office, Etowah County, Alabama. 4. Terms, conditions and provisions contained in the restrictive covenant recorded in Miscellaneous Record “73”, Page 941, Probate Office. Etowah County, Alabama For informational purposes only, the property address is: 40 Vada Dr, Rainbow City, AL 35906. 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. U.S. Bank, N.A., successor trustee to LaSalle Bank National Association, on behalf of the holders of Bear Stearns Asset Backed Securities I Trust 2005-HE1, Asset-Backed Certificates Series 2005-HE1, and its successors and assigns Mortgagee or Transferee SHAPIRO AND INGLE, LLP 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 704-333-8107/ 17-014365 Attorneys for Mortgagee or Transferee

Nov 24, Dec 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Andrew J. Thurman, Jr A Single Man to Mortgage Electronic Registration Systems, Inc. solely as a nominee for First Federal Bank its successors and assigns dated April 8, 2016; said mortgage being recorded as Instrument No. 3432417 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 3447183 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 18th day of December, 2017 the following property, situated in Etowah County, Alabama, to-wit:

A lot described as beginning at a point in the South line of Walnut Street, 30 feet westerly from theNortheast corner of Lot 8, in Block 5, of the M.K. Foster Heirs Addition, according to map thereof recorded in Plat Book “A”, Page 314, Probate Office, Etowah County, Alabama, measured along the North line of said Lot 8; thence in an Easterly direction and along the South line of Walnut Street, a distance of 46 feet to a point; thence deflect to the right so as to form an interior angle of 83 degrees 50

minutes and run in a Southerly direction 88 feet to a point; thence deflect to the right so as to form an interior angle of 89 degrees 05 minutes and run in a Westerly direction 36 feet to the point in the East line of the West 20 feet of said Lot 8; thence in a Northerly direction 83 feet to the point of beginning; and lying and being in a Southwest Quarter of the Southwest Quarter (SW ¼ of SW 1/4) in Section Four (4), Township Twelve (12), South of Range Six (6) East, of Huntsville Meridian in Gadsden, Etowah County, Alabama. Also: An easement for driveway purposes across the Southerly ten (10) feet

of the Lot lying between the above described lot and Haralson Avenue, being the same easement described in Deed recorded in Book 1363, Page 145, Probate Office, Etowah County, Alabama.  Said property is commonly known as 904 Walnut Street, 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 Andrew J. Thurman, Jr 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 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 978617

www.foreclosurehotline.net

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

BE USED FOR THAT PURPOSE.

Nov. 24, Dec 1 & 8, 2017

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Michael Christopher Johnson and Sharon Johnson, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Crescent Mortgage Company, a Delaware Corporation, on the    27th day of May, 2011, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3350316; modified in Instrument Number 3446168; the undersigned Lakeview Loan Servicing, 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 February 6, 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:

All that part of the SW 1/4 of the NW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a stone corner found at the Northeast corner of the S 1/2 of the SW 1/4 of the NW 1/4 of said section; thence S 02 degrees 09 minutes 01 seconds E a distance of 100.00 feet to a iron pin set; thence N 88 degrees 28 minutes 57 seconds W a distance of 332.12 feet to an iron pin set; thence S 02 degrees 09 minutes 01 seconds E a distance of 215.00 feet to an iron pin set  at the point of beginning. From said point of beginning, S 88 degrees 28 minutes 57 seconds E a distance of 152.79 feet (passing through a reference iron pin set at 135.79 feet) to a point; thence S 01 degrees 56 minutes 24 seconds E a distance of 513.78 feet to a point on the Northerly right of way (60 feet) of Whitesboro Road; thence along said right of way, N 53 degrees 42 minutes 21 seconds W a distance of 10.80 feet to a point; thence leaving said right of way, N 01 degrees 56 minutes 24 seconds W a distance of 367.66 feet to a point; thence N 88 degrees 28 minutes 57 seconds W a distance of 143.78 feet (passing through a reference iron pin set at 8.50 feet) to an iron pin set; thence N 02 degrees 09 minutes 01 seconds W a distance of 139.98 feet to the point of beginning, containing 0.56 acres, more or less, less and except any easements or right of way, and being a portion of the SW 1/4 of the NW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

Together with and Subject to: An ingress/egress/utility easement more particularly described as follows: Commencing at a stone corner found at the Northeast corner of the S 1/2 of the SW 1/4 of the NW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama; thence S 02 degrees 09 minutes 01 seconds E a distance of 100.00 feet to an iron pin set; thence N 88 degrees 28 minutes 57 seconds W a distance of 135.43 feet to an iron pin set; thence S 01 degrees 56 minutes 24 seconds E a distance of 66.66 feet to an iron pin set on a cul-de-sac at the point of beginning, said cul-de-sac having a delta of 209 degrees 22 minutes 23 seconds, an arc distance of 127.90 feet and a radius of 35.00 feet. From said point of beginning and along the chord said cul-de-sac, S 01 degrees 56 minutes 24 seconds E a distance of 67.71 feet to a point; thence leaving said cul-de-sac, S 01 degrees 56 minutes 24 seconds E a distance of 625.67 feet to an iron pin set on the Northerly right of way (60 feet) of Whitesboro Road; thence along said right of way, a chord bearing N 53 degrees 42 minutes 21 seconds W a chord distance of 76.39 feet to an iron pin set; thence leaving said right of way, N 01 degrees 56 minutes 24 seconds W a distance of 616.41 feet to a reference iron pin set; thence S 88 degrees 28 minutes 57 seconds E a distance of 34.00 feet to a point on said cul-de-sac, having a delta of 71 degrees 51 minutes 16 seconds, an arc distance of 43.89 feet and a radius of 35.00 feet; thence along the chord said cul-de-sac, N 37 degrees 26 minutes 41 seconds E a distance of 41.07 feet to the point of beginning.

Property street address for informational purposes:  61 Cricket Ln, Boaz, AL  35956  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.                    Lakeview Loan Servicing, LLC, Mortgagee/Transferee

Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

394561

Nov 24, Dec 1 & 8, 2017

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mark A. Meier and Theresa Satterfield, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for First Federal Bank, on the 27th day of July, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3276312; and modified by Loan Modification Agreement in Instrument No. 3392656; the undersigned Midfirst Bank, 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 February 6, 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:

The South one-half (S1/2) of Lot Number Thirty-Nine (39); all of Lots Number Forty (40) and Forty-One (41), and the North one-half (N1/2) of Lot Number (42), all in Block F, Sims Addition to Glencoe, according to the map thereof recorded in Plat Book C, Page 227, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Glencoe, Etowah County, Alabama.  Property street address for informational purposes:  304 Taylor Road, 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.

Midfirst Bank, Mortgagee/Transferee

 Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures
425784

Dec. 1, 8 & 15, 2017

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Allen Eugene Henderson, Jr., a married person, joined herein by Jaime Leigh Henderson, his wife, originally in favor of The Bank, on the 27th day of August, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2003-4448; having been modified by Loan Modification Agreement Document Number Misc-2003-9213; the undersigned Federal National Mortgage Association, 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 2, 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:  Commence at the Northwest corner of the NE 1/4 of the NE 1/4, Section 17, Township 10 South, Range 6 East of Huntsville Meridian and run Easterly, along the North line thereof, 119.40 feet to an existing nail and bottle cap on the centerline of Horton Gap Road (40 feet right of way); thence deflect 77 degrees 21 minutes 30 seconds right and run Southeasterly along said centerline, 496.15 feet to a point; thence deflect 81 degrees 02 minutes 01 second right and run Southwesterly, leaving said centerline, 20.00 feet to the Westerly right of way of said road and the point of beginning of the property described herein; thence continue Southwesterly, 287.26 feet to a point; thence deflect 47 degrees 07 minutes 48 seconds right and run Northwesterly, 276.37 feet to an existing 1/2 inch rebar; thence deflect 95 degrees 30 minutes 42 seconds right and run Northeasterly, 177.14 feet to a point; thence deflect 68 degrees 23 minutes 43 seconds right and run Southeasterly, 100.00 feet to a point; thence deflect 90 degrees 00 minutes 00 seconds right and run Southwesterly, 115.73 feet to a point; thence deflect 84 degrees 35 minutes 32 seconds left and run Southeasterly 146.25 feet to a point; thence deflect 24 degrees 05 minutes 49 seconds left and run Easterly, 200.13 feet to said Westerly right of way; thence deflect 86 degrees 36 minutes 57 seconds right and run Southeasterly along said right of way, 30.00 feet to the point of beginning. Said property being a portion of the NE 1/4 of the NE 1/4 and the NW 1/4 of the NE 1/4, Section 17, Township 10 South, Range 6 East, Etowah County, Alabama and containing 1.205 acres (more or less).  Property street address for informational purposes:  2175 Horton Gap Road, 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 dThe 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.  Federal National Mortgage Association, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures
332616

Dec. 1, 8 & 15, 2017

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Wendy Lea Vest and Mike Vest, wife and husband, originally in favor of 1st Community Credit Corp., on the 20th day of August, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3277719; the undersigned Cadence 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 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:  Commence at the Northwest corner of the SE 1/4 of the NE 1/4; thence South 89 degrees 33 minutes 37 seconds East 105 feet for a beginning point; thence continue South 89 degrees 33 minutes 37 seconds East 135 feet; thence South 03 degrees 03 minutes 49 seconds East 121 feet; thence South 89 degrees 33 minutes 37 seconds East 305.48 feet; thence South 43 degrees 27 minutes 06 seconds West to a point 105 feet East of West forty line; thence North 03 degrees 03 minutes 49 seconds West to beginning point; containing 2.7 acres more or less in the SE 1/4 of the NE 1/4 of Section 17, Township 10 South Range 5 East in Etowah County, Alabama subject to public road right of way.  Being a portion of property in Book 1166 Page 711 and description prepared from a survey plat by Joe B. Davis dated April 11, 1996.

Property street address for informational purposes:  716 Gaines Street, Boaz, AL  35956

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.

Cadence Bank, N.A., Mortgagee/Transferee

 Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures
418039

Dec 8, 15, & 22, 2017

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on February 14, 2013 by LeAnna R. Lewis, an unmarried woman, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, and recorded in Instrument Number at 3381240 on February 20, 2013, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument Number, 3451353 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on January 12, 2018, 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:

Lot 12, Woodland Hills, according to the map of plat thereof recorded in Plat Book “H”, Page 121, Probate Office, Etowah County, Alabama, lying and being in Southside, Alabama.

For informational purposes only, the property address is: 4730 Woodland Dr, Southside, AL 35907.

Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

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

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

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216

704-333-8107/ 17-014530

Attorneys for Mortgagee or Transferee

Dec 8, 15 & 22, 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

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.

Dec 8, 2017

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Timothy H. Goffe and Linda Goffe, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Bank, FSB, on the 25th day of August, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3300542 and modified by Loan Modification Agreement recorded in Instrument Number 3385868; the undersigned Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, 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:

The following described property: The following described Real Estate situated in Etowah County, Alabama, to wit: Parcel 1:  To reach the point of beginning, commence at the Northwest corner of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) in Section Three (3), Township Thirteen (13) South, Range Six (6) East of Huntsville Meridian, Etowah County, Alabama; thence run in a Southerly Direction and along the West line of said West Half (W 1/2) of said Southwest Quarter (SW 1/4) a distance of 963.6 feet to a point, and which said point is the Southwest corner of that certain Parcel of land conveyed by F.H. Newton to Myron D. Newton, by Deed dated May 15, 1979 and recorded in Deed Book 1314, Page 99 herewith, and which said point is the point of beginning to describe the property herein conveyed; thence run in an Easterly direction and along the South line of said Myron D. Newton Parcel, a distance of 1351.7 feet to a point in the East line of said West Half (W 1/2) of said Southwest Quarter (SW 1/4); thence run in a Southerly Direction and along the East line of said West Half (W1/2) of said Southwest Quarter (SW1/4), a distance of 311.95 feet to a point; thence to the right 94 degrees 13 minutes and run in a Westerly Direction a distance of 1348.5 feet to a point in the West line of said West Half (W1/2) of said Southwest Quarter (SW 1/4); thence run in a Northerly Direction and along the West line of said West Half (W 1/2) of said Southwest Quarter (SW 1/4), a distance of 321.2 feet to a point, and being a portion of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) in Section Three (3), Township Thirteen (13) South, Range Six (6) East of Huntsville, Meridian, in Etowah County, Alabama.  Parcel 2:  To reach the point of beginning of the tract or parcel of land described herein commence at the Northwest corner of the NE 1/4 of the SW 1/4 in Section 3 and run South along the West line of said Forty a distance of 935.85 feet to a point; thence deflect an angle of 85 degrees 24 minutes to the left and run to a point in the West line of Dunn Road which is the point of beginning; thence deflect an angle of 180 degrees to the right and run to a point in the West line of said Forty; thence run South and along the West line of said Forty for a distance of 311.95 feet to a point; thence deflect an angle of 85 degrees 47 minutes to the left and run to a point in the West line of Dunn Road; thence run North and along the West line of Dunn Road to the point of beginning, said description embracing a portion of the Northwest Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) in Section Three (3), Township Thirteen (13), Range Six (6) East of the Huntsville Meridian in Etowah County, Alabama.  Property street address for informational purposes:  1690 Dunn Rd, Gadsden, AL  35907

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

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.  The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.  This sale is subject to postponement or cancellation.

Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, Mortgagee/Transferee

Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures
326188

Dec 8, 15 & 22, 2017

____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Kenneth DeJarnett and wife, Brittany Dejarnett, to Alan Sims and wife, Chareda N. Harris Sims dated March 11, 2016, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3430948;  the undersigned mortgage owner, Alan Sims and wife, Chareda N. Harris Sims, have 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 8th day of January, 2018, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Eleven (11) and the West Twenty (20) feet of Lot Number Thirteen (13) all in Block Number Eighteen (18) of the Gadsden Land and Improvement Company’s Kyle Addition, according to the map or plat thereof as recorded in Book of Town Plats A, Page 23, in the Office of the Judge of Probate of Etowah County, Alabama.

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

Alan Sims and wife, Chareda N. Harris Sims, mortgage owner

BRIAN KEITH COPELAND

COPELAND AND COPELAND, LLC.

Attorney for owner

Dec 8, 15 & 22, 2017

_____________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher Brooks and wife Kimberly Brooks, Joint Tenants, to Mortgage Electronic Registration Systems, Inc., as a nominee for EquiFirst Corporation., on September 15, 2005, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document number, M-2005-4126; and subsequently transferred to US Bank National Association as Trustee for RAMP 2005-EFC6; U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC6, 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 December 28, 2017, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:  All that part of Government Lot 14 in the SE ¼ of Fractional Section 20, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a 1- ½” pipe found at the Southeast corner of said government Lot 14; thence N 03° 17` 01” W a distance of 145.00 feet to an iron pin set at the point of beginning. From said point of beginning, N 89° 40` 54” W a distance of 262.21 feet to a ½” rebar iron found; thence S 02° 30` 39” E a distance of 144.91 feet to a capped iron pin found; thence N 89° 47` 41” W a distance of 75.56 feet to a point on the centerline of Lake Circle; thence along said centerline, the following chord bearings and distances: N 88° 33` 03” W a distance of 414.86 feet; thence N 86° 36` 02” W a distance of 152.85 feet to a magnetic nail and disk set; thence leaving said centerline, N 26° 11` 52” E a distance of 185.91 feet (passing through a 1” angle iron found at 21.79 feet) to a 1” angle iron found; thence N 14° 16` 02” E a distance of 140.93 feet to a ½” rebar iron found; thence S 86° 57` 53” E a distance of 96.82 feet to a ½” rebar iron found; thence N 05° 42` 56” E a distance of 182.20 feet to a capped iron pin found; thence S 83°31` 54” E a distance of 175.46 feet to a ¾” pipe found; thence N 27° 39` 38” E a distance of 214.66 feet to a ½” pipe found; thence S 70° 40` 58” E a distance of 97.99 feet to a ½” pipe found; thence S 85° 51` 32” E a distance of 275.15 feet to a ½” x 2 —1/2” iron found; thence S 03° 17` 01” E a distance of 474.94 feet to the point of beginning, less and except any easements or rights of-way, and being a portion of Government Lot 14 in the SE ¼ of Fractional Section 20, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. According to the survey by Joe B. Davis, PLS/AL Reg. no. 19744, dated March 4, 2002.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC6

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Dec. 8, 15 & 22, 2017

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Cody Pankey, a single man, and Kayla Langley, a single woman, to Vision Investments, LLC, dated September 23, 2013, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3392305; the undersigned mortgage owner, Vision Investments, 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 9th day of January, 2018, 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:

To reach the point of beginning for the hereinafter described parcel of land, commence at the NW corner of the NE 1/4 of the NW 1/4 in Section 7, Township 12 South, Range 8 East; thence run North 88° 30’ 00” East along the North line thereof, 10.96 feet to a point in the SE line of Euclid Drive (50’ R/W), which is the point of beginning of the parcel of land herein described; thence from said point of beginning continue North 88° 30’ 00” East along said North line of the NE 1/4 of the NW 1/4 168.40 feet to a point; thence run South 01° 30’ 00” East 112.00 feet to a point; thence run South 88° 30’ 00” West 188.47 feet to a point in the West line of aforesaid NE 1/4 of the NW 1/4; thence run North 03° 09’ 03” East along said West line 99.41 feet to a point in aforesaid SE line of Euclid Drive; thence run North 41° 25’ 03” East along said SE line 17.63 feet to the point of beginning and embracing portions of aforesaid NE 1/4 of the NW 1/4 in Section 7, Township 12 South, Range 8 East of the Huntsville Meridian, 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.

Vision Investments, LLC

Mortgage Owner

COPELAND LAW, LLP

Attorneys for owner

Dec 8, 15 & 22, 2017

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Jarrett Amos, a married man, to MCM Properties, Inc., dated October 21, 2016, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3441639; the undersigned mortgage owner, MCM Properties, Inc., 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 9th day of January, 2018, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:  Lot Number Seventy-eight (78), Parcel Number Five (5), as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book “F”, Pages 51-65, in the office of the Judge of Probate of Etowah County, Alabama.

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.

MCM Properties, Inc.

Mortgage Owner

COPELAND LAW, LLP

Attorneys for owner

______________

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 Notices – 210, Etowah County

Vulcan Construction Materials, LLC – Glencoe Quarry, 1200 Urban Center Drive, Birmingham, Alabama 35242, NPDES Permit Number AL0002020, located at 608 East Main Street, Glencoe, Etowah County, Alabama, for issuance of a permit that limits discharges of treated drainage from a wet preparation limestone quarry and associated areas, discharging to an unnamed tributary to Little Cove Creek, classified as Fish and Wildlife, in the Coosa 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 8th day of December, 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.

Dec. 8, 2017

_____________

PUBLIC

HEARING

The City of Attalla will be holding a Variance Board meeting on December 18, 2017 at 5:00pm for property located at 209 Cullman Ave, Attalla, AL 35954 to build a new residence.

Johnnie Sue Gilbert

City Clerk

Dec. 8 & 15, 2017

_____________

NOTICE TO

FILE CLAIMS

VICKI WEEKS MASSARO appointed Personal Representative on 11/3/2017 Estate of  WILMA JOHNSTON WEATHINGTON, 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 24, Dec 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

ANGIE KELLEY appointed Personal Representative on 11/9/2017 Estate of PAUL KELLEY, 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 24, Dec 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

IMELDA JOAN WEDDINGTON appointed Personal Representatives on 11/1/2017 Estate of LILLIAN WINONA WEDDINGTON, 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 24, Dec 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

VERNON RAY WOFFORD appointed Personal Representatives on 11/8/2107 Estate of RUBY PAULINE HAMPTON, 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. 24, Dec 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

CALLIE EDGAR WALDROP, LEIGH WALDROP PHILLIPS AND NATASHA WALDROP JACKSON appointed Personal Representative on 10/27/2017 Estate of  GERALD WAYNE WALDROP, 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 24, Dec 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

GARY WAYNE GRIFFIN appointed Personal Representative on  10/31/2017 Estate of JAMES EUGENE CLOTFELTER, 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 24, Dec 1 & 8, 2017

______________NOTICE TO

FILE CLAIMS

ALBERT R. GERGUSON, SR., BETHANY S. FERGUSON AND BOBBY DALE WELCH appointed Personal Representatives on 11/15/2017 Estate of DORIS LEFTWICH deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec. 1, 8 & 15, 2017

______________ NOTICE TO

FILE CLAIMS

KENNETH VAN HEFLIN appointed Personal Representative on 10/17/2017 Estate of CLARICE AMELIA HEFLIN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec. 1, 8 & 15, 2017

____________

FILE CLAIMS

JOYCE A. LOVELADY appointed Personal Representative on 11/28/2017 Estate of  HILLIARD W. MORROW, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 8, 15 & 22, 2017

______________

NOTICE TO

FILE CLAIMS

HAZEL LYONS appointed Personal Representative on 11/21/2017 Estate of  JAN LYONS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 8, 15 & 22, 2017

____________

NOTICE TO

FILE CLAIMS

JACOB MILLICAN appointed Personal Representative on 11/21/2017 Estate of SARAH LANCASTER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 8, 15 & 22, 2017

____________

RESOLUTION NO. R-369-17

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at
1830 ELWYN AVENUE in District 5 in the City of Gadsden, more particularly described as:  Lot Number Twenty-four (24) in Block “F”, Edgewood Addition Number Two (2), according to the map or plat thereof recorded in Plat Book “E”, page 79, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama. is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, those certain rights of redemption of Tony Lee Leath and the heirs of Tony Lee Leath.

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

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

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.
Adopted by the City Council of Gadsden on November 28, 2017.

      

Iva Nelson, City Clerk

Dec 8, 2017

____________

RESOLUTION NO. R-370-17

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at 2308 FORREST AVENUE in District 6 in the City of Gadsden, more particularly described as:  Lot 10 Block 33 Alford’s 2nd Add Plat A-308 of the probate records of Etowah County Alabama.  Tax ID#: 31-15-03-06-1-000-247 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 Alan Brent Jones, P.O. Box 1188;

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 November 28, 2017.                                    

                                                                      

Iva Nelson, City Clerk

Dec 8, 2017

______________

RESOLUTION NO. R-371-17

Ordering Abatement of Nuisance

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

408 GRADY STREET in District 6 in the City of Gadsden, more particularly described as: Lot Number Seventeen (17) in Block Fourteen (14) of Walnut Park or West Point Second Addition to Gadsden, Alabama, as shown by map or plat recorded in Book of Town Plats “B”, Page 117 in the Office of the Probate Judge of Etowah County, Alabama and lying and being in 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 Margie Raney, 408 Grady Street, and to the life Estate of Annie Raney, and Etowah Finance Corporation.  Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:  The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.  Adopted by the City Council of Gadsden on November 28, 2017.

Iva Nelson, City Clerk

Dec 8, 2017

     ______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

NOTICE to file claims or objections in the Estate of David Lamar Tommie.

Any person who objects to the summary disposition of the Estate of David Lamar Tommie, deceased, or who has a claim against it shall file his objection or claim with the Probate Court of Etowah County not later than forty-five (45) days following the first publication of this Notice.  Cheryl Roberts Tommie,

Petitioner.

Bobby M. Junkins

Judge of Probate

Nov 24, Dec 1 & 8, 2017

____________

NOTICE

CIVIL ACTION

Marvin Paul Gray and Julia Nance Gray, whose current whereabouts are unknown, must answer Charles T. Stith, Jr.’s Complaint for Sale for Division by January 30, 2018, or thereafter, a judgment by default may be entered against them in Case No. CV-2017-900790-DAK, Circuit Court of Etowah County, Alabama.

Done the 29th day of November, 2017

Cassandra “Sam” Johnson

Circuit Court of Etowah County, Alabama

Dec. 8, 15, 22 & 29, 2017

______________

PUBLIC

NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF RUBY MAE HOLDERFIELD CLARK, DECEASED TO: UNKNOWN HEIRS, ADDRESS OR ADDRESS UNKNOWN

The unknown heirs, are hereby notified hat the Will of RUBY MAE HOLDERFIELD CLARK has been offered for probate by PAUL BRONSTON WALTERS, SR, Personal Representative, and said petition will be heard on the 16th day of January, 2018 at 10:00 am to wit:

Unknown Heirs

You are advised that you may appear to contest said Will on or before the 16th day of January, 2018, at 10:00 a.m. should you see fit to do so.

Bobby M. Junkins

Judge of the Probate Court

Dec 8, 15 & 22, 2017

______________

NOTICE

OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In re: THERESA CARROLL

To: Kathy Raymond, daughter; Tammy Raymond, daughter; Robert Raymond, son

Addresses unknown

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

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of Theresa Carroll, was filed in my office for Probate by the Department of Human Resources, and that on the 30th day of January, at 10:00 a.m., 2018 was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Probate Judge

Dec. 8, 15 & 22, 2017

______________

A BILL

TO BE ENTITLED

AN ACT

Relating to Etowah County; to provide for an authorizing referendum in the City of Gadsden regarding the election of the Gadsden City Board of Education; upon approval of the referendum providing for the election and operation of the board of education for the City of Gadsden, providing that, after the initial election, certain members of the board shall be elected at the same time, from the same districts, and in the same manner as members of the Gadsden City Council; providing for the election of the chair from the city at-large; providing for the selection of a vice chair; providing for the operation of the board; providing for the terms of office, qualifications, and compensation of the members; prescribing procedures for electing the members and for filling vacancies on the board; and providing certain transitional provisions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Pursuant to Amendment 659 to the Constitution of Alabama of 1901, now appearing as Section 104.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Gadsden City Council shall call an authorizing referendum election regarding changing the Gadsden City Board of Education to an elected city board of education.

(b) If a majority of the qualified electors of the municipality voting in the authorizing referendum election vote in favor of an elected city board of education, the board shall be established as provided in this act and the Legislature, as provided in Amendment 659, from time to time, by local law may provide further for the election and operation of the Gadsden City Board of Education. The local laws may provide for the termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; compensation; and any other matter that the Legislature determines necessary for the operation of the board.

(c) The question on the ballot shall read as follows: “Do you favor changing the Gadsden City Board of Education from an appointed to an elected board?  “Yes (___) No (____).”

(d) If a majority of the qualified electors of the municipality voting in the authorizing referendum vote against an elected city board of education, the current board shall continue to operate as provided by law and the remaining portions of this act shall have no further effect.

(e) The official charged with conducting municipal elections shall conduct this election. The city shall pay any costs and expenses not otherwise reimbursed by a governmental agency which are incidental to the election. The official shall report the results of the election to the State Board of Education as provided in Amendment 659.

Section 2. If the majority of electors voting pursuant to Section 1 vote in favor of changing to an elected board, an elected board of education for the City of Gadsden shall be established. The board shall be called the Gadsden City Board of Education. The board shall be composed of eight members. With the exception of the initial election, each member shall qualify and be elected in the same manner and at the same time as members of the Gadsden City Council are elected. Seven members shall be elected from the same districts as members of the Gadsden City Council are elected by the qualified electors of the applicable district voting at the election. One member, who shall serve as chair, shall be elected by the qualified electors of the city at-large voting at the election.

Section 3. A member, except the chair, shall reside in the City of Gadsden and in the district the member represents during the entire term of office. The chair shall reside in the City of Gadsden during the entire term of office. If the boundaries of a city council district change, the corresponding board of education district shall automatically change accordingly for the next election of the city board of education. If redistricting places an incumbent board member outside of his or her district, the member shall nevertheless continue to serve the remainder of the term to which he or she was elected or appointed.

Section 4. A candidate for each place on the board of education shall be at least 21 years of age, a resident of the respective district for at least one year immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of conviction for any crime involving moral turpitude.

Section 5. (a) The election to elect the initial members of the board of education shall be held at a special election called by the Gadsden City Council as soon as practicable. The next election to elect the members of the board of education shall be held at the same time as the election to elect the members of the Gadsden City Council in 2022, and every four years thereafter.

(b) The initial election and the initial runoff election, if necessary, and all subsequent elections held pursuant to this act shall be conducted, the vote canvassed, and the results declared in the same manner as provided for the election of members of the city council, unless otherwise required in this act. The city council may set a qualifying fee.

(c) The initial elected members of the board of education shall assume office immediately upon the certification of the election results and shall serve initial terms of office corresponding in duration with the remaining portion of the terms of office of the members of the city council elected in 2018. The members elected to the board of education in 2022 shall assume office immediately upon the certification of the election results and shall serve terms of office that correspond in duration with the terms of office of the members of the city council elected in 2022. Thereafter, all members of the board shall be elected to serve terms of four years.

Section 6. (a) Upon the assumption of office of the initially elected members of the board of education, the Gadsden City Board of Education as provided in this act shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(b)(1) Upon assumption of office of the initial elected members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11, commencing with Section 16-11-1, of Title 16 of the Code of Alabama 1975, and as otherwise provided by law.

(2) At the first meeting after the board takes office, and every year thereafter, the board shall by majority vote of those voting, select a vice chair from among its members. The vice chair shall preside over meetings of the board in the absence of the chair.

(3) All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this act.

(c) The establishment of the board of education as provided in this act shall not affect or impair any of the following:

(1) Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

(2) Existing contractual obligations of the board of education.

(3) Existing civil and criminal actions.

Section 7. A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. If the vacancy is not filled by the remaining members of the board of education within 60 days, the city council, or a designee of the city council, shall notify the State Superintendent of Education who shall fill the vacancy by appointment. A person filling a vacancy on the board shall be a resident of the City of Gadsden and the district the person is appointed to represent.

Section 8. The compensation for each member of the board of education, including the chair, shall be six hundred dollars ($600) per month payable from city school system funds. The board may adjust such compensation for succeeding terms of office.

Section 9. An annual audit of the financial records of the city school system and of the board of education shall be conducted by a reputable certified public accountant or auditing firm as selected by the board. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.

Section 10. Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence as recognized by the board through written policy shall receive a written request from the city superintendent of education to attend the meetings. If the board member persists in his or her unexcused absence for two additional regularly scheduled monthly board meetings, then the position shall be declared vacant by the chair of the board, subject to review and approval by the city council.

Section 11. The chair of the board shall have all of the following duties:

(1) To preside over all board meetings.

(2) To set the meeting dates and times of all board meetings consistent with state law. The chair shall endeavor to set meeting times at a time which will afford citizens the best opportunity to attend.

(3) To set the agenda of the board meetings in consultation with the city superintendent of education.

(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) To maintain order at all board meetings.

(6) To assist the superintendent in seeking public input into the operations and support of the city school system.

(7) To vote on all matters which come before the board if he or she so desires.

(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) To promote the city school system as authorized by the board.

Section 12. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Nov 24, Dec 1, 8 & 15, 2017

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on January 5, 2018

2008 Kia Optima; VIN# KNAGE12 3285242622

Hammett Towing

240 Wesson Lake Road

Attalla, AL 35954

256-613-8499

Dec 1 & 8, 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 January 5, 2018

2002 Oldsmobile Alero; VIN# 1G3NF12E12C293055

ER Towing & Recovery

827 Jones Street

Gadsden, AL 35901

256-543-1559

Dec 1 & 8, 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 January 15, 2018

2003 Chevrolet Tahoe K15; VIN# 13Z13R 175588

M & S Automotive

1653 Forrest Green Road

Southside, AL 35907

Dec 8 & 15, 2017