LEGALS/PUBLIC NOTICES
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of that certain Note and in the terms of that certain Mortgage executed by Jason A. Higgins, an unmarried man, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 30th day of January, 2009, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, under Instrument Number 3307966; said Mortgage having subsequently been transferred and assigned to Alabama Housing Finance Authority . The undersigned, Alabama Housing Finance Authority, as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on February 17, 2012, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
Beginning at a point in the west line of Newton Street, 265 feet from the NW intersection of Newton and Randall Street and from thence run in a westerly direction and along a line parallel to Randall Street, a distance of 129.4 feet of the east line of a 10’ alley; and from thence run in a northerly direction and along the east line of said alley a distance of 60 feet; from thence run in an easterly direction and along a line parallel to Randall Street a distance of 129.4 feet to the west line of Newton Street; from thence run in a southerly direction and along the west line of said Newton Street a distance of 60 feet to the point of beginning; said description embracing a portion of the SE1/4 of the NW1/4, Section 9, Township 12 South, Range 6 East of the Huntsville Meridian, lying and being in the City of Gadsden, Etowah County, Alabama.
This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
RUSHTON, STAKELY, JOHNSTON
& GARRETT, P.A.
Bowdy J. Brown
184 Commerce Street
Montgomery, Alabama 36104
Our File No.: 7704-1871
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
ASSIGNEE
Jan 13, 20 & 27, 2012
_____________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Joshua Rayford, an unmarried man a/k/a Josh Rayford to Mortgage Electronic Registration Systems, Inc. (MERS) acting soley as nominee for Lender, First Federal Bank, and Lender’s successor’s and assigns dated July 14, 2009, and Recorded in Instrument No. 3317235 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by instrument recorded in Instrument No. 335665, of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the February 7, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forest Ave, Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
A PARCEL OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN DEED BOOK 1152, PAGE 429, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA; SAID NORTHEAST CORNER BEING 65.64 FEET NORTH 35 DEGREES 25 MINUTES EAST OF P.T. STATION #139+03.7 ON THE NORTHWEST LINE OF GREEN VALLEY ROAD 120.00 FEET TO A POINT; THENCE RUN NORTH 54 DEGREES 35 MINUTES WEST 145.00 FEET TO A POINT; THENCE RUN SOUTH 35 DEGREES 25 MINUTES WEST 160.53 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 1152-429 TRACT; THENCE RUN SOUTH 70 DEGREES 12 MINUTES EAST ALONG SAID NORTHERLY LINE 150.55 FEET TO THE POINT OF BEGINNING, AND EMBRACING PORTIONS OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 IN SECTION 15, TOWNSHIP 13 SOUTH, RANGE 6 EAST OF THE HUNTSVILLE MERIDIAN, ETOWAH COUNTY, ALABAMA. BEING THAT SAME PROPERTY RECORDED IN DEED BOOK 1883, PAGE 95, ETOWAH COUNTY, ALABAMA.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF THE PROBATE 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.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.
Bank of America, N.A.
Mortgagee
Beth McFadden Rouse
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
Jan 13, 20 & 27, 2012
_____________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on January 14, 2010 by Larry A. Gattis, a married man and Lisa D. Gattis, originally in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for PHH Mortgage Corporation, and recorded in Instrument # 3326510 on January 22, 2010, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to PHH Mortgage Corporation as reflected by instrument recorded in Instrument # 3360403 of the same Office. Shapiro and Ingle, L.L.C., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on February 1, 2012, 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:
A tract of land described as beginning at the Northeast Corner of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and from thence run in a Southerly direction and along the East line of said last mentioned forty a distance of 641 feet, more or less, to the North line of the New Gadsden-Piedmont Highway, thence in a Westerly direction and along the North line of said highway a distance of 204 feet, thence in a Northerly direction in a direct line a distance of 641 feet, more or less, to a point in the North line of said last mentioned forty which is 204 feet West, measured along said North line, from the Northeast Corner of said last mentioned forty, thence in an Easterly direction and along said North line a distance of 204 feet to the point of beginning, and being a portion of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4), all the foregoing described lands being in Section Eighteen (18), Township Twelve (12) South, of Range Eight (8) East of Huntsville Meridian, in Etowah County, Alabama.
Less And Except The Following Described Property:
Commence at the point of intersection of the East line of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4), Section Eighteen (18), Township Twelve (12) South, Range Eight (8) East, of Huntsville Meridian with the North Row line of Highway 278 (80’ ROW); thence run North 86 degrees 14 minutes 13 seconds West along said ROW, 90.75 feet to the point of beginning of the property described herein; thence continue North 86 degrees 14 minutes 13 seconds West, along said ROW, 93.37 feet to a point; thence run North 00 degrees 57 minutes 11 seconds East, along an apparent possession line marked by a fence, 397.19 feet to a point; thence run South 86 degrees 14 minutes 13 seconds East, 126.24 feet to a point; thence run South 05 degrees 41 minutes 46 seconds West 396.94 feet to the point of beginning. Said property being a portion of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4), Section Eighteen (18), Township Twelve (12) South, Range Eight (8) East, Etowah County, Alabama. Said property is subject to an existing driveway easement along the East line of said property.
For informational purposes only, the property address is: 7520 US Highway 278 E, Gadsden, AL 35903. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. 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, L.L.C. at the address indicated below. Shapiro and Ingle, L.L.C. reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.
PHH Mortgage Corporation, and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, L.L.C.
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 11-001581
Attorneys for Mortgagee or Transferee
Jan 13, 20 & 27, 2012
_____________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of that certain Note and in the terms of that certain Mortgage executed by Larry Anthony Wood, an unmarried man, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 30th day of April, 2007, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, under Instrument Number 3270285; said Mortgage having subsequently been transferred and assigned to Alabama Housing Finance Authority. The undersigned, Alabama Housing Finance Authority, as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on February 17, 2012, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
Lot 8, in the Villas at Briarwood according to the map or plat thereof recorded at Plat Book L, Page 66, Probate Office of Etowah County, Alabama.
This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
RUSHTON, STAKELY, JOHNSTON
& GARRETT, P.A.
Bowdy J. Brown
184 Commerce Street
Montgomery, Alabama 36104
Our File No.: 7704-1909
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
ASSIGNEE
Jan 13, 20 & 27, 2012
_____________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Carrie Carver and Chadwick Carver, by and through Carrie Carver, his duly appointed Attorney-in-Fact, wife and husband, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Home Loans, Inc., as Mortgagee, dated the 8th day of February, 2006, and recorded in Document No. M-2006-0560, of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-6 , now THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-6 by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 2nd day of February, 2012, in the city of Gadsden, at the Front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:
Lot Numbers Twelve (12) and Thirteen (13) in Block Number Thirteen (13) in the First Addition to Bellevue Highlands, according to the map or plat thereof recorded in Plat Book “B”, Pages 286-290, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, 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.
Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2006-6
Holder of said Mortgage
Goodman G. Ledyard
PIERCE LEDYARD, P.C.
Attorneys for Mortgagee
Post Office Box 161389
Mobile, Alabama 36616
(251) 338-1300
Jan 13, 20 & 27, 2012
_____________MORTGAGE
FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kevin D. White, a married man, to Family Savings Federal Credit Union on the October 14, 2009, said mortgage being recorded at Instrument #: 3321691, in the Mortgage Records of 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 February 13, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:
PARCEL ONE: Begin at the intersection of the South line of the Southeast ¼ of the Southeast ¼, Section 26, T-11-S, R-5-East of the Huntsville Meridian, Etowah County, Alabama, with the Southeasterly R/W of 4th Street Northwest (80’ R/W aka U. S. Highway #11) and run North 47º53’54” East, along said R/W, 762.16 feet to a point in the centerline of a ditch; thence run South 40º22’24” East, leaving said R/W and along said centerline, 187.76 feet to the Southeast R/W of A.G.S. Railroad (100’ R/W); thence run North 51º04’00” East, along said Southeast R/W, 699.14 feet to a point in the East line of said ¼; thence run South 02º25’01” East, along said East line, 273.00 feet to a point; thence run South 24º21’00” East, leaving said East line, 252.99 feet to a point on the Northwesterly R/W of Interstate #59 (variable R/W); thence run South 51º31’14” West, along said Northwesterly R/W, 457.57 feet to a point on the South line of said ¼; thence run South 88º52’47” West, leaving said R/W and along said South line, 988.77 feet to the point of beginning. Said property being a portion of the SE ¼ of the SE ¼, Section 26, and the SW ¼ of the SW ¼, Section 25, all in T-11-S, R-5-E, Etowah County, Alabama, excluding railroad R/W and being subject to a 100.00 feet Alabama Power Company transmission line easement.
PARCEL TWO: Commence at the intersection of the South line of the SE ¼ of the SE ¼, Section 26, T-11-S, R-5-East of the Huntsville Meridian, Etowah County, Alabama, with the Southeasterly R/W of 4th Street NW (80’ R/W aka U. S. Highway #11) and run North 47º53’54” East, along said R/W, 762.16 feet to a point in the centerline of a ditch and the point of beginning of the property described herein; thence run South 40º22’24” East, leaving said R/W and along said centerline, 87.73 feet to the Northwest R/W of A.G.S. Railroad (100’ R/W); thence run North 51º04’00” East, leaving said centerline and along said railroad R/W, 743.30 feet to a point; thence run North 42º03’16” West, 161.42 feet to a point on said Southeasterly R/W of 4th Street NW; thence run South 45º22’14” West, along said R/W, 740.37 feet to the point of beginning. Said property being a portion of the SE ¼ of the SE ¼, Section 26, T-11-S, R-5-E, Etowah County, Alabama, and being subject to a 100.00 feet Alabama Power Company transmission line easement.
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
Family Savings Federal Credit Union
BY:/s/Dana L. Rice
Dana L. Rice, Its Attorney
Dana L. Rice, L.L.C.
P. O. Box 8345
Gadsden, Alabama 35902
(256) 546-0611
Jan 20, 27 & Feb 3, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sharon T. Boley and David A. Boley, wife and husband to Regions Bank, successor by merger to AmSouth Bank on the 14th day of December, 1998, being recorded in Document Number M-1999-0010 and modified in Document Number M-2000-4598 and further modified in Document Number M-2002-6072, the Probate Office of Etowah County, Alabama.
The undersigned, Regions Bank, successor by merger to AmSouth Bank, as mortgagee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the Main entrance of the Court House at Gadsden, Etowah County, Alabama, on the 16th day of February, 2012, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama.
Begin at the Southwest corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), Section Nine (9), Township Thirteen (13) South, Range Seven (7) East, and run North 88 degrees 48 minutes 42 seconds East along the South line of said forty line a distance of 527.24 feet to a point on the Northwesterly right of way line of Edgar Road; thence continue North 88 degrees 48 minutes 42 seconds East along said forty line a distance of 69.51 feet to a point on the Southeasterly right of way line of said road; thence continue North 88 degrees 48 minutes 42 seconds East along said forty line a distance of 388.40 feet to a point on the West right of way line of U.S. Highway #431; thence run North 14 degrees 46 minutes 19 seconds West along said right of way line a distance of 195.39 feet; thence run North 59 degrees 36 minutes 19 seconds West along a right of way flare a distance of 154.10 feet to a point on the Southeasterly right of way line of Edgar Road; thence run North 70 degrees 33 minutes 36 seconds West a distance of 51.16 feet to a point on the Northwesterly right of way line of said road; thence run South 88 degrees 42 minutes 41 seconds West a distance of 760.33 feet to a point on the west line of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4); thence run South 01 degree 13 minutes 58 seconds East along the West line of said forty a distance of 287.32 feet to the point of beginning.
Said parcel of land being a portion of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4), Section Nine (9), Township Thirteen (13) South, Range Seven (7) East, save and except a right of way 50 feet: in width for Edgar Road along the Easterly side of the property, lying and being in Glencoe, Etowah County, Alabama, and containing 5.72 acres, more or less, excluding the aforementioned right of way.
This sale is made for the purpose of paying the indebtedness secured by
said mortgage, as well as the expenses of foreclosure.
REGIONS BANK, SUCCEESSOR BY MERGER TO AMSOUTH BANK
MORTGAGEE
W. L. LONGSHORE, III
Attorney for Mortgagee
LONGSHORE, BUCK & LONGSHORE, P.C.
The Longshore Building
2009 Second Avenue North
Birmingham, Alabama 35203-3703
Phone: 205-252-7661
Jan 20, 27 & Feb 3, 2012
_____________MORTGAGE
FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Louis C. Moody, an unmarried man, to Family Savings Federal Credit Union on the October 3, 2008, said mortgage being recorded in the Mortgage Records of the Office of Judge of Probate of Etowah County, Alabama, at Instrument #: 3302717, 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 February 13, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:
PARCEL ONE: A lot or parcel of land described as beginning at the Northwest corner of Lot Number 1, in Block B, and from thence run East and along the North line of said Lot Number 1, a distance of 140 feet; thence running South and parallel with the West line of said Lot Number 1, a distance of 254 feet to the South line of said Lot Number 1; thence run West and along the South line of said Lot Number 1 a distance of 140 feet to the Southwest corner of said Lot Number 1; thence North along the West line of said Lot Number 1 a distance of 254 feet and to the point of beginning, and embracing a portion of Lot Number 1 in Block B, according to the subdivision of Block 1 and a portion of Lot 5, Block 4 of the Wrights Village Plat recorded in Book of Town Plats C, page 299, in the Probate Office of Etowah County, and lying and being in Gadsden, Etowah County, Alabama.
PARCEL TWO: Beginning at the Northeast corner of Block Number One (1) and running West a distance of 191.33 feet; thence South a distance of 225.85 feet; thence East a distance of 191.33 feet; thence North a distance of 225.85 feet to the point of beginning, being in the Wright Village Subdivision as recorded in Plat Record C, page 255, in the Probate Office, Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
Family Savings Federal Credit Union
BY:_/s/Dana L. Rice
Dana L. Rice, Its Attorney
Dana L. Rice, L.L.C.
P. O. Box 8345
Gadsden, Alabama 35902
(256) 546-0611
Jan 20, 27 & Feb 3, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Virginia Lucci, unmarried woman to Mortgage Electronic Registration Systems, Inc., (MERS) as nominee for Market Street Mortgage Corporation, and it’s Successors and Assigns dated September 30, 2004, and Recorded in Doc. #:M-2004-4305 of the records in the Office of the Judge of Probate, Etowah County, Alabama; which said mortgage was subsequently assigned to Central Mortgage Company by instrument recorded in Instrument No. 3340877 in said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on February 13, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
LOT NUMBER TWENTY-SIX (26) OF PILGRIMS REST ESTATES AS RECORDED IN PLAT BOOK “I”, PAGE 124, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN THE CITY OF SOUTHSIDE, ETOWAH COUNTY, ALABAMA.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS”BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF THE PROBATE 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.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.
Central Mortgage Company
Mortgagee
Beth McFadden Rouse
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
Jan 20, 27 & Feb 3, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Thomas Southgate Jones and wife, Rebecca Wilson Jones to Phillip Belcher, dated October 10, 2003, and Recorded and filed as Instrument number 3341997 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Phillip Belcher; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on February 10, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE NORTH EACST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 13, T-11-S, R-5-E OF THE HUNTSVILLE MERIDIAN, ETOWAH COUNTY ALABAMA. THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF THE PROBATE 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.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the mortgage. Phillip Belcher, C/O Thomas A. King, Attorney at Law, 128 South 8th Street, Gadsden, AL 35901.
Jan 20, 27 & Feb 3, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on May 6, 2010 by Richard B. Henderson aka Richard Brent Henderson, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc., solely as nominee for Liberty Mortgage Corporation DBA BB&T Mortgage Wholesale Corporation, and recorded in Ins# 3331882 on May 12, 2010, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Branch Banking and Trust Company as reflected by instrument recorded in Ins# 3360796 of the same Office. Shapiro and Ingle, L.L.C., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on February 8, 2012, 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:
Commence at the Southeast corner of Government Lot “N” and run Northerly along the East line 300 feet to a point; thence left and run parallel to the South line 150 feet to a point; thence left and run in a Southerly direction 300 feet to a point in the North line of Hood Road, thence left and run Easterly and along the Northerly right of way of Hood Road 150 feet to the point of beginning and being a portion of Government Lot “N”, a part of Section 18, Township 13 South, Range 6 East, Etowah County, Alabama.
For informational purposes only, the property address is: 1624 Hood Rd, Southside, AL 35907. 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 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, L.L.C. at the address indicated below. Shapiro and Ingle, L.L.C. 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.
Branch Banking and Trust Company, and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, L.L.C.
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 11-002038
Attorneys for Mortgagee or Transferee
Jan 20, 27 & Feb 3, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 4, 2007, executed by SYLVIA LAURANNA WATFORD, a single woman, to TAYLOR MORTGAGE, INC., which mortgage was recorded on September 5, 2007, in Instrument Number 3270784, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to JPMORGAN CHASE BANK, N.A., the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and 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 the 28th day of February, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot 21, Rainbow Estates 3rd Addition, recorded in Plat Book 1, Page 114, Probate Office, Etowah County, Alabama.
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Transferee
Robert J. Wermuth
STEPHENS MILLIRONS, P.C.
P. O. Box 307
Huntsville, AL 35804
Attorney for Mortgagee
lms
Jan 27, Feb 3, 10 & 17, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Edward Brent Clifton, unmarried to AmSouth Bank dated December 16, 1997, and Recorded in Doc #: M-1998-0059; which was modified by Modification of Mortgage dated September 18, 2001 and recorded in Misc. Doc 2002-0491 and by Modification of Morgage dated November 21, 2005 and recorded in Misc. Doc 2005-8259 of the records in the Office of the Judge of Probate, Etowah County, Alabama; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on February 22, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
Lot Number Twelve (12) in Block Number Two (2) in Rickles Addition Number One (1) to Altoona, according to a Map or Plat thereof recorded in Plat Book “A”, Page 386 in the Office of the Judge of Probate of Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS”BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF THE PROBATE 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.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.
Regions Bank successor by merger to AmSouth Bank
Mortgagee
Beth McFadden Rouse
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
Default having been made in payment of the indebtedness secured by that certain mortgage executed by Milton R. Smith, husband, Emma Louise Smith, wife, to Wachovia Bank, National Association, dated the 8th day of June, 2007; said mortgage is recorded in Instrument No. 3273893, in the Office of the Judge of Probate of Etowah County, Alabama. The undersigned, Wells Fargo Bank, NA successor by merger with Wachovia Bank, NA, under and by virtue of the power of sale clause contained in said Mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Gadsden, Etowah County, Alabama, during the legal hours of sale, on the 16th day of February, 2012, the following real property, situated in Etowah County, Alabama, to-wit:
Ten (10) Acres in a Square in the Northwest Corner of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section Fourteen (14), Township (10) South, Range Five (5) East, in Etowah County, Alabama; Subject to Prior Reservation or Conveyance of All the Minerals, Mineral and Mining Rights, Privileges and Interest in, under and upon the Same, Containing Ten (10) Acres, More or Less, LESS AND EXCEPT, For a Point of Beginning, Commence at the Northwest Corner of SE (1/4) of the SW (1/4) of Section 14, Township 10 South of Range 5 East; Thence Run North 89 Degrees 15’ East Along Said Quarter Line a Distance of 178.1 Feet to a Point on the East Side of a County Road, At Which Point Is the True Point of Beginning of the Lot Herein Conveyed; Thence Run North 89 Degrees, 15’ East a Distance of 340.0 Feet to a Point; Thence Run South 30 Degrees 24’ West a Distance of 130.0 Feet to a Point; Thence Run South 89 Degrees 15’ West a Distance of 340.0 Feet to the East Side of the Said County Road; Thence Run North 30 Degrees 24’ East Along the East Side of Said County Road a Distance of 130.0 Feet to the Point of Beginning, Containing One (1) Acre, More or Less, and Being a Portion of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section Fourteen (14), Township Ten (10) South of Range Five (5) East of Huntsville Meridian, in Etowah County, Alabama, Together With All Improvements Located Thereon. Less and Except: Beginning at the Southwest Corner of that Certain Property Recorded in Deed Book 1695, Page 339 in the Probate Office of Etowah County, Alabama More Particularly Described as Being South 02 Degrees 34 minutes West 660.74 Feet More or Less from the Northwest Corner of the Southeast Fourth of the Southwest Fourth of Section 14, Township 10 South, Range 5 East of Etowah County, Alabama; Thence From the True Point of Beginning North 88 Degrees 44 Minutes East Along the South Line of That Certain Property Recorded in Deed Book 1695, Page 339 in the Probate Office of Etowah County, Alabama a Distance of 210.0 Feet to a Point; Thence an Approximate Bearing of North 02 Degrees 00 Minutes West a Distance of 182.6 Feet to a Point; Thence An Approximate Bearing of North 84 Degrees 00 Minutes West 208.4 Feet to the West Line of the Southeast Fourth of the Southwest Fourth of Section 14; Thence South 02 Degrees 34 Minutes West 212.8 Feet Along the West Line of Said Southeast Fourth of the Southwest Fourth of Said Section 14 to the True Point of Beginning for the Property Herein Described, said lands lying and being in Etowah County, Alabama and containing 0.8 acres more or less. Less and Except: For a Point of Beginning Commence at the Northwest Corner of the SE 1/4 of the SW 1/4 of Section 14, Township 10 South, Range 5 East, Huntsville Meridian, Etowah County, Alabama. Thence South 85 Degrees 43’ 03” East 226.06 Feet (Record North 89 Degrees 15’ East 178.1 Feet) to a Point on the East Side of Whitesboro Road; Thence South 32 Degrees 43’ 27” West 124.51 Feet to the Southwest Corner of the Property Owned by Vantage Bank of Alabama, in Instrument Number 3310052 and the Point of Beginning for the Property Being Conveyed; Thence South 55 Degrees, 46’ 26” East 206.40 Feet to a Point; Thence North 48 Degrees 47’ 18” East 133.84 Feet to a Point on the South Line of the Vantage Bank of Alabama Property; Thence North 84 Degrees 07’ 22” West 272.79 Feet to the Point of Beginning, lying and being in Etowah County. Said real property is commonly known as 1378 Whitesboro Road, Boaz, AL 35956 The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage. Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Emma Louise Smith and/or tenant(s).
WELLS FARGO BANK, NA SUCCESSOR BY MERGER WITH WACHOVIA BANK, NA as holder of said mortgage
Scott Lofranco
McCalla Raymer, LLC
Two North Twentieth 2 20th Street North, Suite 1310
Birmingham, AL 35203
(877) 508-0741
File No. 5144.11 00189AL\ LRJ
www.foreclosurehotline.net
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christy J. Motley, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Quicken Loans Inc., on the 30th day of June, 2009, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3317083; said mortgage having subsequently been transferred and assigned to GMAC Mortgage, LLC, by instrument recorded in Instrument Number 3348065, in the aforesaid Probate Office; the undersigned GMAC Mortgage, 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 March 19, 2012, 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 2 of Lakewood Court Subdivision as recorded in Plat Book “L”, Page 45, Probate Office of Etowah County, Alabama, said property lying and being in Rainbow City, Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
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.
GMAC Mortgage, LLC, Mortgagee/Transferee
Colleen McCullough
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
214015
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of that certain Note and in the terms of that certain Mortgage executed by Benjamin H. Mitchell, a single man, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 19th day of April, 2010, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, under Instrument Number 3330759; said Mortgage having subsequently been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage date June 3, 2011, and recorded in said Probate Office under Instrument Number 3350895. The undersigned, Alabama Housing Finance Authority, as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on March 6, 2012, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
Commence at the Northwest corner of the SE 1/4 of the SW 1/4, Section 21, Township 12 South, Range 7 East, thence South 01 deg 52’ 00” East, 446.46 feet along the West line of said forty to a capped 1/2” rebar (LS#21183) on the East right of way of Zuber Street (30’ R/W), said point being the point of beginning; thence North 83 deg 09’ 11” East, 175.95 feet to a capped 1/2” (LS#21183); thence South 02 deg 15’ 36” East, 107.94 feet to an existing 1” iron pipe; thence South 83 deg 09’ 11” West, 176.70 feet to an existing 1” iron pipe on the East right of way of Zuber Street (30’ R/W); thence North 01 deg 52’ 00” West, 108.00 feet along said right of way to the point of beginning.
This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
RUSHTON, STAKELY, JOHNSTON
& GARRETT, P.A.
Bowdy J. Brown
184 Commerce Street
Montgomery, Alabama 36104
Our File No.: 7704-1650
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
ASSIGNEE
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
ALABAMA, ETOWAH COUNTY
Default having been made in the indebtedness secured by that certain mortgage executed by Cornelius McCrary, Jr., a married man; Deborah McCrary, a married woman, husband and wife to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Impact Mortgage Group, Inc. its successors and assigns, dated September 26, 2006, said mortgage being recorded in Instrument No. 3261736, in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Saxon Mortgage Services, Inc.. The undersigned, Saxon Mortgage Services, 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 courthouse door of Etowah County, Alabama, during the legal hours of sale, on February 16, 2012, the following real estate, situated in Etowah County, Alabama, to-wit:
LOT SIX (6) IN BLOCK SIX (6) OF WOODLAWN ADDITION TO GADSDEN ACCORDING TO MAP OR PLAT THEREOF RECORDED IN BOOK OF TOWN PLATS “A”, PAGE 15, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN THE CITY OF GADSDEN, ETOWAH COUNTY, ALABAMA.
Said property is commonly known as 918 South 12th Street, Gadsden, AL 35901 The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an 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 property is Cornelius McCrary, Jr. and Deborah McCrary or tenant(s). SAXON MORTGAGE SERVICES, INC. as holder of said mortgage
Mark A. Baker
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181
MSP File No. 1107.J120 0110AL\l
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
ALABAMA, ETOWAH COUNTY
Default having been made in the indebtedness secured by that certain mortgage executed by Donald E. Lukima, an unmarried man aka Donald E. Lukima, III to Mortgage Electronic Registrations Systems, Inc., acting solely as nominee for Gadsden Mortgage Services, Inc., its successors and assigns, dated September 7, 2007, said mortgage being recorded in Instrument No. 3279302, in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Federal National Mortgage Association. The undersigned, Federal National Mortgage 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 courthouse door of Etowah County, Alabama, during the legal hours of sale, on February 16, 2012, the following real estate, situated in Etowah County, Alabama, to-wit:
LOT NUMBER 10, BLOCK 2, IN C.F.HOFFMAN FIRST SUBDIVISION OF EAST GADSDEN, AS SHOWN ON BY MAP OF PLAT THEREOF RECORDED IN BOOK OF TOWN PLATS B, PAGE 389 IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA. SAID LOT FRONTING 50 FEET ON THE NORTHWEST SIDE OF MARY STREET AND EXTENDING BACK IN A NORTHWESTERLY DIRECTION OF UNIFORM DISTANCE OF 130 FEET, TOGETHER WITH ALL IMPROVEMENTS THEREON. (PROPERTY ADDRESS: 122 MARY STREET, GADSDEN, AL 35903) (TAX PARCEL NUMBER 31-15-01-11-2-000-060.000) Said property is commonly known as 122 Mary Street, Gadsden, AL 35903 The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an 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 property is Donald E. Lukima, III or tenant(s).
FEDERAL NATIONAL MORTGAGE ASSOCIATION as holder of said mortgage Mark A. Baker
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181
MSP File No. 1168.J1 100514AL\c
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Brian Green and Monica S. Green, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Mortgage Lenders Network USA, Inc. dba Lenders Network, as Mortgagee, dated the 16th day of June, 2006, and recorded in Instrument No. 3252079 of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET-BACKEDCERTIFICATES, SERIES 2006-MLN1 by instrument recorded in Instrument No. 3351640 of said Probate Court records; said default continuing, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 20th day of February, 2012, in the city of Gadsden, at the Front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:
Lot Seventeen (17) Holly Creek Estates, 2nd Addition according to the map or plat thereof recorded in Plat Book “I”, Page 83, Etowah County, Alabama, save and except the East five (5) feet of said lot.
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.
Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage.
U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET-BACKEDCERTIFICATES, SERIES 2006-MLN1
Holder of said Mortgage
Goodman G. Ledyard
PIERCE LEDYARD, P.C.
Attorneys for Mortgagee
Post Office Box 161389
Mobile, Alabama 36616
(251) 338-1300
Jan 27, Feb 3 & 10, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Sherie W. Oldham, A Single Woman to Mortgage Electronic Registration Systems, Inc., (MERS) as nominee for Homecomings Financial Network, Inc., its Successors and Assigns dated July 25, 2005, and Recorded in Doc. #: M-2005-3899 of the records in the Office of the Judge of Probate, Etowah County, Alabama; which said mortgage was subsequently assigned to GMAC Mortgage, LLC by instrument recorded in Instrument No. 3338245 in said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on October 24, 2011, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
A part of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) Section 11, Township 13 South, Range 6 East of Huntsville Meridian, Etowah County, Alabama, more particularly described as follows: From the Northeast corner of said Southwest 1/4 of the Southwest 1/4; thence North 84 degrees 37 minutes 00 seconds West 215.42 feet; thence South 05 degrees 23 minutes 00 seconds West 50.00 feet to the Westerly right of way of a Chert Road and the Point of Beginning; thence South 10 degrees 45 minutes 00 seconds West 231.39 feet, along said right of way; thence leaving said road run North 84 degrees 37 minutes 00 seconds West 322.00 feet; thence North 05 degrees 23 minutes 00 seconds East 230.40 feet; thence South 84 degrees 37 minutes 00 seconds East 347.00 feet to the Point of Beginning.
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 THE PROBATE 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.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the mortgage.
GMAC Mortgage, LLC
Mortgagee
Beth McFadden Rouse
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
The sale provided for hereinabove which was originally scheduled for the 24th day of October, 2011; was further postponed on the 30th day of November, 2011, and was further postponed on the 4th day of January, 2012, by public announcement being made at the public entrance to the 800 Forrest Avenue, Gadsden, Alabama 35901, Etowah County Court House, Gadsden, AL during the legal hours of sale. Said foreclosure sale shall be held on the 10th day of February, 2012 at the public entrance to the 800 Forrest Avenue, Gadsden, Alabama 35901, Etowah County Court House, Gadsden, AL during the legal hours of sale.
Jan 27, 2012
_____________MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mike A. Alfred and Susan M. Alfred, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Wilmington Finance, Inc. , on the 31st day of May, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3247959; said mortgage having subsequently been transferred and assigned to U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, by instrument recorded in Instrument Number 3353386, in the aforesaid Probate Office; the undersigned U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 21, 2011, 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 Five (5) of Whiteoak Point Subdivision as the same appears of record in Plat Book “J”, Page 109 in the Probate Office of Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
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.
U.S. Bank National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC4, Mortgagee/Transferee
Andy Saag
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
220185
The above mortgage foreclosure sale has been postponed until 01/23/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
The above mortgage foreclosure sale has been postponed until 03/05/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
Jan 27, 2012
_____________NOTICE TO
FILE CLAIMS
CHERYL F. TOLES WILIAMS, appointed Personal Representative (s) on September 2, 2011, Estate of ROSIE JONES TOLES, 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
Jan 13, 20 & 27, 2012
_____________NOTICE TO
FILE CLAIMS
ANGELA D. BROTHERS, appointed Personal Representative (s) on December 28, 2011, Estate of JERRY M. BROTHERS, 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
Jan 13, 20 & 27, 2012
_____________NOTICE TO
FILE CLAIMS
R. LOUANN SIMMONS HOFLAND, appointed Personal Representative (s) on November 9, 2011, Estate of BILL SIMMONS, 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
Jan 13, 20 & 27, 2012
_____________NOTICE TO
FILE CLAIMS
IRENE LEE, appointed Personal Representative (s) on December 27, 2011, Estate of WILLIE MAE OLIVER, 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
Jan 13, 20 & 27, 2012
_____________NOTICE TO
FILE CLAIMS
JEAN MARIE PHILLIPS, appointed Personal Representative (s) on December 6, 2011, Estate of PATTIE L. BROTHERS, 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
Jan 13, 20 & 27, 2012
_____________NOTICE TO
FILE CLAIMS
PATRICIA ANN THORNTON PATTERSON, appointed Personal Representative (s) on December 28, 2011, Estate of MICHAEL JOE PATTERSON, 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
Jan 13, 20 & 27, 2012
_____________NOTICE TO
FILE CLAIMS
WILLIAM BRIAN SMALLEY, appointed Personal Representative (s) on December 22, 2011 Estate of JAMES A. CAMPBELL, 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
Jan 20, 27 & Feb 3, 2012
_____________NOTICE TO
FILE CLAIMS
PAULA DODD, appointed Personal Representative (s) on January 10, 2012 Estate of JAMES PAUL DODD, 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
Jan 20, 27 & Feb 3, 2012
_____________NOTICE TO
FILE CLAIMS
JIMMY JEDINY, appointed Personal Representative (s) on January 6, 2012 Estate of MARTHA BRYANT, 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
Jan 20, 27 & Feb 3, 2012
_____________NOTICE TO
FILE CLAIMS
DEBORAH RUTH HAGOOD ROBERTS, appointed Personal Representative (s) on January 5, 2012 Estate of JAMES HAROLD HAGOOD, SR, 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
Jan 20, 27 & Feb 3, 2012
_____________NOTICE TO
FILE CLAIMS
TERRY STEVEN MAY, appointed Personal Representative (s) on January 17, 2012, Estate of WILLIE ANN MAY, 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
Jan 27, Feb 3 & 10, 2012
_____________NOTICE TO
FILE CLAIMS
THELMA FRANKLIN, appointed Personal Representative (s) on December 5, 2011, Estate of MAE LOIS HUGHLEY, 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
Jan 27, Feb 3 & 10, 2012
_____________NOTICE TO
FILE CLAIMS
MICHEIL ALAN FRAZIER, appointed Personal Representative (s) on January 6, 2012, Estate of WILLIE M. FRAZIER, 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
Jan 27, Feb 3 & 10, 2012
_____________NOTICE TO
FILE CLAIMS
MARIE CAROLYNE HAYGOOD, appointed Personal Representative (s) on January 18, 2012, Estate of LEAH HAYGOOD AMES, 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
Jan 27, Feb 3 & 10, 2012
_____________NOTICE TO
FILE CLAIMS
WANDA C. JOHNSON, appointed Personal Representative (s) on December 14, 2011, Estate of KENYON B. JOHNSON, JR, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Bobby M. Junkins
Judge of Probate
Jan 27, Feb 3 & 10, 2012
_____________NOTICE TO
FILE CLAIMS
GREGORY D. LUMPKIN, appointed Personal Representative (s) on January 13, 2012, Estate of CANERA LUMPKIN, 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
Jan 27, Feb 3 & 10, 2012
_____________NOTICE TO
FILE CLAIMS
RAYMOND VERNON LEE, appointed Personal Representative (s) on January 13, 2012, Estate of JOYCE H. LEE, 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
Jan 27, Feb 3 & 10, 2012
_____________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to Charles D. Hill – 606 Dogwood Trail, Gadsden, AL 35901, in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, February 7, 2012 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 602 Padenreich Avenue, in the City of Gadsden, more particularly described as:
LEGAL DESCRIPTION: Lots 39 & 40 in Block 6 Re-arrangement Blocks 6, 8 & Part of 7 Rolling Green Park, according to the map thereof recorded in Plat Book “C”, Page 341, Probate Office, Etowah County, Alabama.
should be assessed with a lien of $256.00 for the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.
Nick Hall
City of Gadsden
P.O. Box 267
Gadsden, AL 35999
(256) 549-4532
Jan 27, 2012
_____________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to Robert E. Darnell – 906 Central Avenue, Gadsden, AL 35904, in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, February 7, 2012 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 906 Central Avenue, in the City of Gadsden, more particularly described as:
LEGAL DESCRIPTION: Lot 5 Fowler Addition, according to the map thereof recorded in Plat Book “A”, Page 201, Probate Office, Etowah County, Alabama.
should be assessed with a lien of $151.00 for the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.
Nick Hall
City of Gadsden
P.O. Box 267
Gadsden, AL 35999
(256) 549-4532
Jan 27, 2012
_____________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to State of Alabama, – P.O. Box 327210, Montgomery, AL 36132, & Latrice Kimble in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, February 7, 2012 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 203 S 22nd Street, in the City of Gadsden, more particularly described as:
LEGAL DESCRIPTION: South ½ Lot 1 in Block 2 of Oak Park Addition, according to the map thereof recorded in Plat Book “B”, Page 201, Probate Office, Etowah County, Alabama.
should be assessed with a lien of $136.00 for the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.
Nick Hall
City of Gadsden
P.O. Box 267
Gadsden, AL 35999
(256) 549-4532
Jan 27, 2012
_____________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to Carlin & Rodney Johnson – 515 George Wallace Dr Apt B27, Gadsden, AL 35903, in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, February 7, 2012 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 1115 Wells Avenue, in the City of Gadsden, more particularly described as:
LEGAL DESCRIPTION: Lot 1 in Block 22 of Interurban Land Company Addition, according to the map thereof recorded in Plat Book “B”, Page 249, Probate Office, Etowah County, Alabama.
should be assessed with a lien of $271.00 for the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.
Nick Hall
City of Gadsden
P.O. Box 267
Gadsden, AL 35999
(256) 549-4532
Jan 27, 2012
_____________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to Dorothea L. Dupree – 206 Argyle Circle, Gadsden, AL 35901, in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, February 7, 2012 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 921 Avenue G, in the City of Gadsden, more particularly described as:
LEGAL DESCRIPTION: Lot 14 in Block 6 of Liddell Addition, according to the map thereof recorded in Plat Book “A”, Page 216, Probate Office, Etowah County, Alabama.
should be assessed with a lien of $211.00 for the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.
Nick Hall
City of Gadsden
P.O. Box 267
Gadsden, AL 35999
(256) 549-4532
Jan 27, 2012
_____________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to Kevin & Dana Calhoun – 991 Hadwen Street, Gadsden, AL 35901, in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, February 7, 2012 at 11:00 a.m., a hearing will be held to determine whether or not the property located at 920 Avenue G, in the City of Gadsden, more particularly described as:
LEGAL DESCRIPTION: Lot 6 in Block 8 of Liddell Addition, according to the map thereof recorded in Plat Book “A”, Page 216, Probate Office, Etowah County, Alabama.
should be assessed with a lien of $421.00 for the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.
Nick Hall
City of Gadsden
P.O. Box 267
Gadsden, AL 35999
(256) 549-4532
Jan 27, 2012
_____________
LEGAL NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN TE MATTER OF: ADOPTION PETITION OF: ROGER CURTIS SMITH AND CAROLYN SUE SMITH
A CHILD BORN TO: ALISSA D. SMITH
NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A CHILD BORN TO ALISSA D. SMITH, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.
You will take notice that a Petition for the Adoption of a child born to Alissa D. Smith, (Natural Mother), set to be heard on April 4, 2012 at 11:00 a.m. on the 5th day of January, 2012, alleging that the identity of the natural parent of said minor is unknown and has not been disclosed to the Court, and whose relationship of unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Child’s birth date is: 03/14/2007.
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the last publication herein with John D. McCord, Esquire, whose name and address is shown below, and with the Clerk of the Probate Court, Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901
DONE this 23rd day of January, 2012.
Name and address of Attorney
John D. McCord
McCord and Martin
756 Chestnut Street
Gadsden, AL 35901
Bobby M. Junkins
Judge of Probate
Jan 27, Feb 3, 10 & 17, 2012
_____________
NOTICE OF
DIVORCE
ACTION
LUIS ANGEL NIEVES, whose whereabouts are unknown, must answer SHARRON MILES NIEVES’ Complaint for Divorce and other relief by the 27th day of February, 2012, or, thereafter, a judgment by default may be rendered against him in Case No.: DR11-690/WAM, in the Circuit Court of Etowah County, Alabama.
DONE this the 15th day of September, 2011.
Billy Yates
Circuit Clerk
Shaun Malone
Attorney for the Plaintiff
924 Third Avenue
Gadsden, AL 35901
256-547-9992
Jan 6, 13, 20 & 27, 2012
_____________NOTICE OF
HEARING
PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: S-6106
IN THE MATTER OF THE ESTATE OF BOBBY JENE “BJ” GUSTIN, DECEASED
TO: JAQUELINE SUZANNE GUSTIN
THOMAS MICHAEL HILTON has filed in this court an instrument purporting to be Last Will and Testament of Bobby Jene “BJ” Gustin, deceased, and prays for admission to probate said instrument as the true Last Will and Testament of said decedent.
You are hereby further notified to appear on or before the 23rd day of February, 2012 at 10:00 o’clock a.m.
Dated this the 11th day of January, 2012.
Bobby M. Junkins
Judge of Probate
Jan 20, 27 & Feb 3, 2012
_____________NOTICE OF
HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
Case No.: S-6748
IN RE: The Estate of LOIS ANN EDMONDSON QUARLES, Deceased
To all persons who are or claim to be heirs at law of Lois Ann Edmondson Quarles, Deceased, take notice that a Petition for Probate of Will has been filed by Terry Quarles and Guy Edmondson with the Probate Court of Etowah County, Alabama, and that hearing on said Petition be and is hereby set before this Court on February 23, 2012 at 9:30 o’clock a.m.
Bobby M. Junkins
Judge of Probate.
Jan 27, Feb 3 & 10, 2012
_____________NOTICE OF
PUBLICATION
IN THE MATTER OF THE ADOPTION PETITION OF
THOMAS EARL MORRIS AND HEATHER RAQUEL MORRIS
CASE NO: A-496, 497, 498
NOTICE TO: Joe Michael Morris
ADDRESS: Unknown
You will take notice that a Petition for the Adoption of the minor children born unto Joyce Ann Sears Morris, natural mother, set to be heard on March 21, 2012 at 2:00 p.m. filed on 28th day of November, 2012, alleging that the whereabouts of the natural father, Joe Michael Morris, are unknown. Minor children’s birth dates are August 10, 2003, September 10, 2007 and April 16, 2009.
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 Mary K. Simmons, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.
This the 12th day of January, 2012.
Attorney for Petitioner:
Mary K. Simmons
P. O. Box 1344
1040 Forrest Avenue
Gadsden, AL 35902-1344
256-546-0500
Bobby M. Junkins
Judge of Probate
Jan 20, 27, Feb 3 & 10, 2012
_____________NOTICE OF
PUBLICATION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO. S-3849
IN THE MATTER OF ROY JACK RICH, A PROTECTED PERSON
This day came, Helen Rich Vick, Conservator of Roy Jack Rich, a Protected Person, and filed a Petition for Partial Settlement and Payment of Funds Into Alabama Family Trust in the matter of the Estate of Roy Jack Rich, a Protected Person.
And whereas the 7th day of January, 2012, at 11:00 a.m. has been set as a day for hearing said petition and the testimony to be submitted in support of same; it is therefore ordered that notice of the filing of said petition and of the day set for hearing. Notifying Rodney Rich and Stacy Rich, the natural son and natural daughter , respectively, of Roy Jack Rich’s, a Protected Person, who’s whereabouts are unknown, and also notifying any and all parties of interest to appear and contest said petition if he and/or she thinks proper to do so.
Done this 20th day January, 2012.
Bobby M. Junkins
Judge of Probate
Jan 27, Feb 3 & 10, 2012
_____________NOTICE OF
PUBLICATION
Case Number CV- 2012-900025
CARL B. SHORY
Plaintiff,
vs.
Parcel One: The West Thirty (30) Acres of the SW1/4 of the NW1/4 of Section 2, Township 10 South, Range 6 East of Huntsville Meridian, in Etowah County, Alabama.
Parcel Two: The S1/2 of the S1/2 of the N1/2 of the SE1/4 of Section 28, Township 13 South, Range 6 East of Huntsville Meridian, in Etowah County, Alabama.
Parcel Three: Ten acres of land lying and being on the Southwest side of the SE1/4 of the NW1/4 and more fully described as follows: Begin at the Northwest corner of said Quarter and run in a Southeasterly direction to a point in the South line of said Quarter, thence West along the South line to the Southwest corner of said Quarter, thence North along the West line of said Quarter to the beginning point, and being a part of the SE1/4 of the NW1/4 of Section 5, Township 12 South, of Range 5 East of Huntsville Meridian; and being and lying in Etowah County, Alabama. Also, That certain tract or parcel of land described as beginning at the Southeast corner of the SW1/4 of the NW1/4 in Section 5, Township 12 South, of Range 5 East of Huntsville Meridian, thence North and along the East line of said forty a distance of 105 feet to a point, thence West and parallel with the South line of said forty a distance of 210 Feet to a point, thence South and parallel with the said East line of said forty a distance of 105 feet to a point on the said South line of said forty, thence East and along said South line of said forty a distance of 210 feet to the point of the beginning, and being and lying in the Southeast corner of said forty, and being and lying in Etowah County, Alabama, together with all improvements located thereon.
Parcel Four: A tract or parcel of land described at beginning at the Southwest corner of the SW1/4 of the SW1/4 of Section 2, Township 10 South, Range 7 East of Huntsville Meridian, Etowah County, Alabama; thence run North and along the West line of aid forty to its point of intersection with the centerline of Pine Road; thence run North 40 degree 20 minutes 43 seconds East and along the centerline of said road a distance of 128.42 feet to a point; thence run North 56 degrees 40 minutes 04 seconds East and along said centerline a distance of 70.87 feet to a point; thence run North 71 degrees 16 minutes 50 seconds East and along said centerline a distance of 115.55 feet to a point; thence run North 52 degrees 19 minutes 03 seconds East along said centerline a distance of 128.56 feet to a point; thence run North 55 degrees 16 minutes 59 seconds East and along said centerline a distance of 107.40 feet to a point; thence run North 62 degrees 45 minutes 20 seconds East and along said centerline a distance of 597.10 feet to a point; thence run North 56 degrees 39 minutes 49 seconds East along sad centerline a distance of 315.64 feet to a point; thence run North 50 degrees 14 minutes 17 seconds East along said centerline a distance of 72.95 feet to a point; thence run North 45 degrees 53 minutes 38 seconds East along said centerline a distance of 68.51 feet to a point of intersection with the East line of said forty; thence ran South 00 degrees 54 minutes 05 seconds West along the East line of said forty to the Southeast corner thereof; thence run West and along the South line of said forty to the point of intersection with the centerline of a creek; thence run along the centerline of said creek the following bearings and distances: South 15 degrees 19 minutes 56 seconds West a distance of 141.99 feet; South 47 degrees 50 minutes 19 seconds West a distance of 94.06 feet; South 14 degrees 19 minutes 22 seconds West a distance of 34.62 feet; South 21 degrees 49 minutes 54 seconds East a distance of 25.37 feet; South 25 degrees 49 minutes 23 seconds East a distance of 23.96 feet; South 35 degrees 19 minutes 00 seconds West a distance of 110.57 feet; South 24 degrees 21 minutes 59 seconds East a distance of 98.52 feet; South 34 degrees 27 minutes 02 seconds West a distance of 126.23 feet; South 68 degrees 05 minutes 45 seconds East a distance of 24.09 feet; South 32 degrees 31 minutes 10 seconds West a distance of 73.66 feet; South 61 degrees 46 minutes 57 minutes West a distance of 67.82 feet; South 06 degrees 47 minutes 58 seconds East a distance of 43.89 feet; South 57 degrees 20 minutes 09 seconds East a distance of 33.29 feet; South 10 degrees 10 minutes 38 seconds West a distance of 196.39 feet; North 65 degrees 50 minutes 13 seconds West a distance of 71.41 feet; South 00 degrees 55 minutes 39 seconds East a distance of 92.76 feet; South 14 degrees 05 minutes 28 seconds West a distance of 98.05 feet; South 89 degrees 38 minutes 31 seconds West a distance of 49.42 feet; North 49 degrees 50 minutes 49 seconds West a distance of 35.46 feet; South 64 degrees 37 minutes 46 seconds West a distance of 54.13 feet; North 79 degrees 42 minutes 03 seconds West a distance of 33.83 feet; South 34 degrees 36 minutes 37 seconds West a distance of 75.77 feet; North 61 degrees 58 minutes 14 seconds West a distance of 28.85 feet; South 00 degrees 47 minutes 59 seconds West a distance of 98.15 feet; South 56 degrees 15 minutes 05 seconds West a distance of 49.34 feet; South 07 degrees 31 minutes 26 seconds West a distance of 60.63 feet; South 73 degrees 38 minutes 03 seconds East a distance of 75.28 feet to a point on the South line of the Northwest Quarter of the Northwest Quarter, Section 11, Township 10 South, Range 7 East of Huntsville Meridian; thence run North 88 degrees 12 minutes 41 seconds West and along the South line of said forty a distance of 699.66 feet to the Southwest corner thereof; thence run North 00 degrees 29 minutes 55 seconds East and along the West line of said forty to the point of beginning. Said parcel of land embracing a portion of the SW1/4 of the SW1/4 of Section 2 and the NW1/4 of the NW1/4 of Section 11, Township 10 South of Range 7 East of Huntsville Meridian, lying and being in Etowah County, Alabama.
Parcel Five: A part of the SW1/4 of the NE1/4 and a part of the NW1/4 of the SE1/4 of Section 4, Township 11 South, Range 6 East, Etowah County, Alabama, more particularly described as follows: From the NE corner of the SE1/4 of the NW1/4 of said Section 4, thence North 88 degrees 24 minutes 31 seconds West, 355.60 feet; thence South 20 degrees 52 minutes 06 seconds East, 513.87 feet; thence South 43 degrees 38 minutes 12 seconds East, 468.67 feet; thence South 49 degrees 00 minutes 23 seconds East, 54.98 feet to the SE right-of-way of Little Will’s Valley Road; thence along said right-of-way as follows: South 5 degrees 39 minutes West, 147.54 feet; South 17 degrees 35 minutes 20 seconds West, 86.93 feet; South 34 degrees 15 minutes West, 67.85 feet to the point of beginning; thence continue along said right-of-way South 34 degrees 14 minutes West, 36.78 feet; thence continue along said right-of-way South 40 degrees 06 minutes West, 95.35 feet; thence continue along said right-of-way South 47 degrees 39 minutes West, 61.24 feet; thence South 38 degrees 00 minutes 38 seconds East, 440.65 feet; thence North 46 degrees 55 minutes 20 seconds East, 190.06 feet; thence North 38 degrees 00 minutes West, 459.35 feet to the point of beginning.
Parcel Six: A part of the SW1/4 of the NE1/4 and a part of the NW1/4 of the SE1/4 of Section 4, Township 11 South, Range 6 East, Etowah County, Alabama, more particularly described as follows: From the NE corner of the SE1/4 of the NW1/4 of said Section 4, thence North 88 degrees 24 minutes 31 seconds West, 355.60 feet; thence South 20 degrees 52 minutes 06 seconds East, 513.87 feet; thence South 43 degrees 38 minutes 12 seconds East, 468.67 feet; thence South 49 degrees 00 minutes 23 seconds East, 54.98 feet to the SE right-of-way of Little Will’s Valley Road; thence along said right-of-way as follows: South 5 degrees 39 minutes West, 147.54 feet; South 17 degrees 35 minutes 20 seconds West, 86.93 feet; South 34 degrees 15 minutes West, 67.85 feet; South 34 degrees 14 minutes West, 36.78 feet; South 40 degrees 06 minutes West, 95.35 feet; South 47 degrees 39 minutes West, 61.24 feet to the point of beginning; thence continue along said right-of-way South 47 degrees 39 minutes West, 190 feet; thence South 38 degrees 01 minutes 29 seconds East, 443.06 feet; thence North 46 degrees 55 minutes 20 seconds East, 190.06 feet; thence North 38 degrees 00 minutes West, 440.65 feet to the point of beginning.
AND, FICTITIOUS AND UNKNOWN DEFENDANTS A THROUGH D, being those parties who claim any right, title or interest in and to the real property which is described in this Complaint, whose names, ages and condition is unknown
Defendants.
Notice is hereby given that in the Circuit Court of Etowah County, the above styled action has been filed against the described real property and any party claiming any title to, interest in, or lien or encumbrance upon the said property. This notice shall be published once a week for four weeks, and that all those to whom this notice is addressed and any and all persons claiming any title to, interest in, or lien or encumbrance upon the above described land are hereby required to answer or plead to the Complaint filed in this cause within the time allowed by law.
Dated this the 20th day of January, 2011.
Billy Yates
Circuit Clerk
Jan 27, Feb 3, 10 & 17, 2012
_____________NOTICE OF
SALE
Notice is hereby given that on Saturday, February 4, 2012 at 10:00 a.m. the abandoned personal affects of these storage units will be sold for past due rents or disposed of by
Unit #s: 3 Jammey Zimmerman; 8 Cindy Knight; 16 James Dillard; 20 Doug Lumwick; 41 Larry Johnson; 44 Jeremy Cole; 55 Amber Haggard; 56 Cora Garlington; 59 Denise Johnson; 81 Elizabeth Sitten; 83 Mischa Coleman
ATTALLA/J&W MINI WAREHOUSES,
606 3RD STREET, NW, ATTALLA, AL
Jan 27 & Feb 3, 2012
_____________NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on March 5, 2012 for charges due.
1994 Ford LGT Convt Pickup Truck VIN# 1FTHX25 F7RKB 76780
1992 Buick Roadmaster VIN# 1G4BN53 77NR40 8560
1999 Cadillac Deville VIN# 1G6KD5 4Y7XU 736692
Bailey’s Wrecker Service
2311 Forrest Avenue
Gadsden, AL 35904
Jan 27 & Feb 3, 2012
_____________NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on March 5, 2012 for charges due.
2003 Chrysler 300M VIN# 2CAE66 GX3H54 0828
Thacker’s Towing & Recovery
2601 Ewing Avenue
Gadsden, AL 35901
Jan 27 & Feb 3, 2012
_____________NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on March 5, 2012 for charges due.
1992 Nissan 300 ZX VIN# JN1RZ2 4H5NX 521838
Kens Auto Repair
1201 Forrest Avenue
Gadsden, AL 35901
Jan 27 & Feb 3, 2012
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jefferson G. Holderfield and Patsy P. Holderfield a married couple, to Homegold, Inc., a South Carolina Corporation, on the 31st day of January, 2001, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc # M-2001-0633; said mortgage having subsequently been transferred and assigned to Wachovia Bank of Delaware, National Association, by instrument recorded in Doc # Misc-2004-4836, in the aforesaid Probate Office; the undersigned Wells Fargo Bank, N.A., successor by merger to Wachovia Bank of Delaware, 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 November 28, 2011, 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 a point where the South line of the North 1/2 of Section 12, Township 10 South, Range 4 East intersects the Westerly margin of a county road near the center of said Section in Etowah County, Alabama; thence run West for 29.0 feet; thence run North for 283.0 feet to the point of beginning for the property herein described; thence from said point run Southeasterly for 182.0 feet to a point on the Westerly margin of a County road; thence run Northeasterly along said road margin a distance of 143 feet to a point; thence run Northwesterly, parallel to the South line described herein to a point approximately 145 feet North of the point of beginning; thence run South in a direct line to the point of beginning
Property Street Address: 1304 King St, 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.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation.
Wells Fargo Bank, N.A., successor by merger to Wachovia Bank of Delaware, N.A. , Mortgagee/Transferee
Ginny Rutledge
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
235366
The above mortgage foreclosure sale has been postponed until 01/09/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
Dec 9, 2011
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Djuna L. Claunch, a married woman, to Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Countrywide Bank, FSB, on the 21st day of August, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3279184; said mortgage having subsequently been transferred and assigned to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, by instrument recorded in Instrument Number 3348447, in the aforesaid Probate Office; the undersigned Bank of America, N.A., Successor By Merger To BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, 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 October 10, 2011, 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 9 of the James L. Smith Addition to Southside, Alabama, as recorded in Plat Book I , Page 24, Probate Office, Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN AS IS, WHERE IS BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
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., Successor By Merger To BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Mortgagee/Transferee
Andy Saag
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
231632
The above mortgage foreclosure sale has been postponed until 12/05/2011 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
The above mortgage foreclosure sale has been postponed until 01/23/2012 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
Dec 9, 2011
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Kurt W. Braun and Cynthia Ann Braun, husband and wife to Eustis Mortgage Corporation dated January 15, 1997, and Recorded in Doc. # M-1997-0147 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Secretary of Veterans Affairs by instrument recorded in Book 1998, Page 231 Document # MISC 1998-4765 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on September 21, 2011, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
Commence at an existing railroad spike at the Southeast corner of Fraction 14, Section 9, Township 11 South, Range 5 East of the Huntsville Meridian and run North 00 deg. 58 min. 04 sec. West along the East line of said fraction 235.00 feet to the point of beginning of the property described herein; thence continue North 00 deg. 58 min. 04 sec. West along said Hast line 100.00 feet to a point; thence run North 88 deg. 18 min. 26 sec. West, leaving said East line, 345.00 feet to a point; thence run South 00 deg. 58 min. 04 sec. East 100.00 feet to a point; thence run South 88 deg. 18 min. 26 sec. East, parallel to the South line of said fraction, 345.00 foot to the point of beginning. Said property being a portion of Fraction 14, Section 9, Township 11 South, Range 5 East, Etowah County, Alabama, save and except the existing right of wat of Lee Drive (30 ft R/W).
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 THE PROBATE 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.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney s fee. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the mortgage.
Secretary of Veterans Affairs
Mortgagee
William S. McFadden
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
The sale provided for hereinabove which was originally scheduled for the 21st day of September, 2011; has been postponed and was further postponed on 24th day Ocotber, 2011; and was further postponed on the 29th day of November, 2011, by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale. Said foreclosure sale shall be held on the 30th day of December, 2011 at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.
Dec 9, 2011
MORTGAGE FORECLOSURE SALE
STATE OF ALABAMA COUNTY OF ETOWAH
Default having been made in payment of the indebtedness secured by that certain mortgage executed by George Robert Hundley, Jr. and Laura J. Bunton, husband and wife, to Wachovia Bank, National Association, dated the 23rd day of April, 2007; said mortgage is recorded in Instrument No. 3283977, in the Office of the Judge of Probate of Etowah County, Alabama. The undersigned, Wells Fargo Bank, NA successor by merger with Wachovia Bank, NA, under and by virtue of the power of sale clause contained in said Mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Gadsden, Etowah County, Alabama, during the legal hours of sale, on the 29th day of December, 2011, the following real property, situated in Etowah County, Alabama, to-wit:
LOT NUMBER (14), IN BLOCK A , AND LOTS NUMBER NINE (9) AND TEN (10) IN BLOCK D , IN CASEY ESTATES REARRANGEMENT, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK H , PAGE 34, IN THE PROBATE OFFICE , ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN ETOWAH COUNTY, ALABAMA. SAVE AND EXCEPT THAT PORTION OF LOT TEN (10) AS SHOWN BY DEED FROM ARNOLD EDWARD WALKER, ET UX TO WILLIAM M. PITTS, JR., ET UX, AND RECORDED IN BOOK 1521, PAGE 207, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.
Said real property is commonly known as 216 Casey Drive, Gadsden, AL 35903 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 George Robert Hundley and Laura J. Bunton and/or tenant(s).
WELLS FARGO BANK, NA
SUCCESSOR BY MERGER WITH WACHOVIA BANK, NA as holder of said mortgage
Scott Lofranco McCalla Raymer, LLC
Two North Twentieth 2 20th Street North, Suite 1310
Birmingham, AL 35203
(877) 508-0741
File No. 5144.1 018935 AL\ LRJ www.foreclosurehotline.net
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Dec 9, 16 & 23, 2011
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Ralph W. Jackson, Jr., and Patricia G. Jackson, husband and wife, to The Exchange Bank of Alabama, dated the 15th day of February , 2008, and recorded as Instrument Number 3289007 in the Office of the Judge of Probate, Etowah County, Alabama. Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on January 6, 2012, the following described real estate situated in Etowah County, Alabama:
Lot Number 7, Block 1, Woodland Park Addition, according to the map thereof, recorded in Plat Book E , at Page 105, Probate Office, Etowah County, Alabama, situated, lying and being in Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any, and all other liens, restrictions or encumbrances on record.
THE EXCHANGE BANK OF ALABAMA
By: /s/Laura T. Lloyd
TURNBACH, WARREN, ROBERTS & LLOYD, P.C.
P. O. Box 129/200 Chestnut Street
Gadsden, Alabama 35902-0129
(256) 543-3664
Dec 9, 16 & 23, 2011
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated August 31, 2004, executed by WALLACE ROBERTS and LYNN E. ROBERTS, husband and wife, to AMSOUTH BANK, which mortgage was recorded on August 31, 2004, in Doc. No. M-2004-3830, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, N.A. AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST SERIES 2005-A3, MORTGAGE PASS-THROUGH CERTIFICATES, the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and 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 the 10th day of January, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Four (4), Windy Hill Subdivision, according to the map or plat thereof recorded in Plat Book H, Page 135, Probate Office, Etowah County, Alabama; Lying and being in Etowah County, Alabama.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, N.A. AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST SERIES 2005-A3, MORTGAGE PASS-THROUGH CERTIFICATES
Transferee
Robert J. Wermuth
STEPHENS, MILLIRONS, HARRISON & GAMMONS, P.C.
P. O. Box 307
Huntsville, AL 35804
Attorney for Mortgagee
Acl
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed on August 1, 2008 by STEVEN RONALD STRAUT and spouse, MARGIE LEGER STRAUT to METRO BANK, said Mortgage being recorded in the Office of the Judge of Probate, Etowah County, Alabama, in Instrument No.: 3298836, and METRO BANK, Mortgagee, by reason of such default having declared all of the indebtedness secured by said Mortgage due and payable and by virtue of the power of sale contained in said Mortgage will sell at public outcry for cash to the highest bidder, in front of the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale on December 30, 2011, the following described real estate:
Begin at the Northwest corner of Tract 21 of Map # 1, Tarpley Subdivision, as recorded in Plat Book D , Page 109, Probate Office, Etowah County, Alabama, and run South 02/ 21 36 East (M) South 02/ 30 00 East (R) along the West line of said Tract, 266.23 feet to a point; thence run North 88/ 40 00 East, leaving said West line, 163.65 feet to a point; thence run North 02/ 21 36 West, 266.23 feet to a point on the North line of said tract and the Southerly R/W of Tarpley Drive East (50 R/W); thence run South 88/ 40 00 West, along said North line of R/W, 163.65 feet to the point of beginning; said property being a portion of Tract 21, Map # 1, Tarpley Subdivision, Etowah County, Alabama. 477 East Tarpley Drive, Gadsden, Alabama.
Mortgagee shall also auction the 2004 Chandeleur Doublewide Mobile Home Trailer which serves as additional collateral for the said indebtedness.
This sale is made for the purpose of paying the indebtedness secured by the above described Mortgage, and the proceeds thereof will be applied as provided by the terms of said Mortgage.
METRO BANK
T. Boice Turner, Jr.
TURNER & MILLER, L.L.C.
P. O. Box 1124
1100 Woodstock Avenue
Anniston, AL 36202
(256) 235-1901
Attorney for Mortgagee
Dec 9, 16 & 23, 2011
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Larry Mackey and wife, Avryan Mackey, to American General Finance, Inc., on November 20, 2001, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. #: M-2001-5138; Springleaf Financial Services, Inc. f/k/a American General Finance, 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, in front of the main entrance of the Etowah County Courthouse, in Etowah, Alabama, on December 29, 2011, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Twenty-One (21) of Crescent Court, according to the map or plat thereof as same appears of record in Plat Book H , Page 68, 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.
Springleaf Financial Services, Inc. f/k/a American General Finance, Inc.
Transferee
Jauregui & Lindsey, LLC
2110 Devereux Circle, Ste 100
Birmingham, Al 35243
(205) 988-8888
MORTGAGE FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by EUGENE LOUIS POLEATE and wife, JANICE DENISE TAYLOR POLEATE, on the 6th day of September, 2011, and being recorded at Instrument Number 3354815, 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, American General Finance, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 23rd day of December, 2011, the following described real estate situated in Etowah County, Alabama, to-wit:
Lot Number Five (5) in Block One 91) in I. M. Crum Subdivision, according to eh map thereof recorded in Plat Book A , Page 293, Probate Office, Etowah County, Alabama.
The above described property does not constitute the homestead or principal residence of grantor or spouse grantor.
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
Ina Benton Black
BY: /s/ Phil Williams, her attorney
400 Broad Street, Suite 111
Gadsden, AL 35901
256-442-0201
Dec 2, 9 & 16, 2011
