Legals for the week of 2/1 to 2/7

February 6, 2019 chris
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MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William D Tolton and Melissa A Tolton, husband and wife as joint tenants with right of survivorship, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for COUNTRYWIDE HOME LOANS, INC., on February 5, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3265138; and subsequently transferred to The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2007-4; The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2007-4, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on February 4, 2019, during the legal hours of sale, the

Commence at an existing capped rebar “Wright” at the northeast corner of the SW 1/4 of the NE 1/4 of Section 16, Township 10 south, Range 6 east of the Huntsville Meridian, Etowah County, Alabama and run south 00 deg. 49` 08″ west along the east line thereof 838.05 feet to the point of beginning herein described; thence from said point of beginning, continue south 00 deg. 49` 08″ west along the east line thereof 167.61 feet to a point; thence run north 85 deg. 22` 57″ west leaving said east line 1325.57 feet to a point in the west line of the SW 1/4 of the NE 1/4; thence run north 00 deg. 54` 00″ east along the west line thereof 168.07 feet to a point; thence run south 85 deg. 21` 43″ east leaving said west line 1325.37 feet to the point of beginning. Said property being a portion of the SW 1/4 of the NE 1/4 of Section 16, Township 10 south, Range 6 east of the Huntsville Meridian, Etowah County, Alabama.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

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

The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2007-4

Transferee

 

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

 

Jan 18, 25 & Feb 1, 2019

____________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

 

Default having been made in the indebtedness secured by that certain mortgage executed by Amber C. Paine Wife, Michael B. Paine Husband to Mortgage Electronic Registration Systems, Inc. as nominee for Guild Mortgage Company, a California Corporation dated January 27, 2017; said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Guild Mortgage Company to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Guild Mortgage Company, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 5th day of March, 2019 the following property, situated in Etowah County, Alabama, to-wit:

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

 

Lot Number 7, in Block Number 9, in the Second Addition to Monte Vista, according to Map recorded in Plat Book “F”, Page 365, Probate Office, Etowah County, Alabama.

 

Said property is commonly known as 1025 Monte Vista Drive, Gadsden, AL 35904.

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 Amber C. PaineMichael B. Paine or tenant(s).

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

 

GUILD MORTGAGE COMPANY

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 9105318

www.foreclosurehotline.net

 

Jan 18, 25 & Feb 1, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brian H. Bush, a single man, to Home Capital, Inc., on March 16, 2005, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book M-2005, Page 1934; and subsequently transferred to Mortgage Electronic Registration Systems, Inc.; and subsequently transferred to U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust; and subsequently transferred to Morgan Stanley Mortgage Capital Holdings, LLC; and subsequently transferred to FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC; FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on March 4, 2019, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot No. Eight (8) and Nine (9), in Block No. Tow (2), of the J. E. Noojin, Jr. Subdivision, NO Two (2) being a rearrangement of Lots Nos. One (1) through Twenty-Two (22), inclusive of Block Twenty-Seven (27), Cloverdale, Plat Book “E”, Page 67, Probate Office, Etowah County, Alabama.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

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

FV-I, Inc. in trust for Morgan Stanley Mortgage Capital Holdings LLC

Transferee

 

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

 

Jan 18, 25 & feb 1, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

 

Default having been made in the indebtedness secured by that certain mortgage executed by Kimberly Bolt Wife And Dustin Bolt Husband to Mortgage Electronic Registration Systems, Inc. as nominee for Hometown Lenders LLC its successors and assigns dated January 13, 2017; said mortgage being recorded on January 13, 2017, as Instrument No. 3445667 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to LakeView Loan Servicing, LLC in Instrument 3466673 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, LakeView Loan Servicing, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 4th day of March, 2019 the following property, situated in Etowah County, Alabama, to-wit:

Lot 87 and 88, Country Club Subdivision, Etowah County, Alabama, as shown by map or plat of said subdivision on file of record in the Office of the Judge of Probate of Etowah County, Alabama, in Map Book I, Pages 32 and 33.

 

Said property is commonly known as 307 Copeland Dr, 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 Kimberly Bolt and Dustin Bolt or tenant(s).

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

 

LAKEVIEW LOAN SERVICING, LLC

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 914518

www.foreclosurehotline.net

 

 

Jan 18, 25 & Feb 1, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on September 4, 2001 by Elijah Bynum and wife, Martha Bynum, originally in favor of CitiFinancial Corporation, and recorded in Book M2001 at Page 3843 on September 5, 2001, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to DLJ Mortgage Capital, Inc. as reflected by instrument recorded in Instrument #, 3425582; Instrument #, 3456743 and Instrument #, 3474496 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on February 25, 2019, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

LOT NUMBER 11 AND THE WEST 25 FEET OF LOT NUMBER 13, BLOCK NUMBER 14, GADSDEN LAND AND IMPROVEMENT COMPANY’S KYLE ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “A”, PAGE 23, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.

 

For informational purposes only, the property address is: 1016 Chestnut St, Gadsden, AL 35901.

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

 

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

 

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

 

DLJ Mortgage Capital, Inc., and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO & INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 19-016857

Attorneys for Mortgagee or Transferee

 

Jan 25, Feb 1 & 8, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

 

Default having been made in the indebtedness secured by that certain mortgage executed by Shirley Freeman Surviving Joint Tenant to WAF World Alliance Financial Corp dated September 11, 2008; said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC d/b/a Champion Mortgage Company to be recorded and re-recorded in Instrument No. 3478339 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Nationstar Mortgage LLC d/b/a Champion Mortgage Company, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 12th day of February, 2019 the following property, situated in Etowah County, Alabama, to-wit:

FOR A POINT OF BEGINNING TO DESCRIBE A TRACT OR PARCEL OF LAND HEREIN: COMMENCE AT THE SOUTHWEST CORNER OF LOT NUMBER NINE (9), BLOCK FOUR (4), PLAT BOOK “C”, PAGE 39; THENCE RUN NORTH 02 DEGREES 55 MINUTES WEST ALONG THE WEST BOUNDARY LINE A DISTANCE OF 121.80 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02 DEGREES 55 MINUTES WEST ALONG THE WEST BOUNDARY LINE A DISTANCE OF 107.80 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF LOT NUMBER TEN (10), BLOCK FOUR (4); THENCE RUN NORTH 55 DEGREES 45 MINUTES EAST ALONG THE NORTH LINE OF LOT NUMBER TEN (10), A DISTANCE OF 513.60 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF LOOKOUT STREET; THENCE RUN SOUTHEASTERLY ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF LOOKOUT STREET A DISTANCE OF 93.00 FEET TO A POINT; THENCE RUN WESTERLY AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 553.22 FEET TO THE POINT OF BEGINNING, SAID TRACT EMBRACING A PORTION OF LOT NUMBER TEN (10), BLOCK FOUR (4), OF THE J. H. (BOY) SITZ SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “C”, PAGE 39, PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, LYING EAST OF THE HUNTSVILLE MERIDIAN, GADSDEN, ETOWAH COUNTY, ALABAMA.

 

Said property is commonly known as 2406 Lookout Street, Gadsden, AL 35904.

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 Shirley Freeman or tenant(s).

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

 

NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 996518

www.foreclosurehotline.net

 

Jan 25, Feb 1 & 8, 2019

____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on January 9, 2014 by Gregory Bagget, A Married Man and Lynn Baggett, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Royal United Mortgage LLC, and recorded in Instrument # at 3396990 on January 15, 2014, and modified in agreement recorded November 22, 2017 as Instrument #3459645, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, N.A. as reflected by instrument recorded in Instrument #, 3430275 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on March 4, 2019, 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:

THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE COUNTY OF ETOWAH, AND STATE OF ALABAMA, TO-WIT:

 

A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT IN THE NORTH LINE OF TURRENTINE STREET WHICH IS 120.00 FEET EAST OF THE ORIGINAL SOUTHWEST CORNER OF THE HEATH LOT, THE ORIGINAL SOUTHWEST CORNER OF SAID HEATH LOT BEING ALSO THE SOUTHEAST CORNER OF BLOCK NUMBER FOUR (4) IN THE HARRIS ADDITION TO GADSDEN, AS RECORDED IN BOOK OF TOWN PLATS “A”, PAGE 9 IN THE OFFICE OF THE JUDGE OF PROBATE, AND FROM THENCE RUN IN AN EASTERLY DIRECTION AND ALONG THE NORTH LINE OF TURRENTINE STREET A DISTANCE OF 70.00 FEET; THENCE IN A NORTHERLY DIRECTION AND PARALLEL WITH THE EAST LINE OF SAID HARRIS ADDITION A DISTANCE OF 170.00 FEET, MORE OR LESS, TO THE SOUTH LINE OF BLOCK NUMBER THREE (3) IN THE TURRENTINE PARK ADDITION, AS SHOWN BY THE MAP THEREOF RECORDED IN PLAT, BOOK “A”, PAGE 84; THENCE IN A WESTERLY DIRECTION AND ALONG THE SOUTH LINE OF BLOCK NUMBER THREE (3) OF TURRENTINE PARK ADDITION A DISTANCE OF 70.00 FEET; THENCE IN A SOUTHERLY DIRECTION AND PARALLEL WITH THE EAST LINE OF BLOCK NUMBER FOUR (4) OF THE HARRIS ADDITION A DISTANCE OF 170.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING A PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 114), SECTION NINE (9), TOWNSHIP TWELVE (12) SOUTH, RANGE SIX (6) EAST OF HUNTSVILLE MERIDIAN, IN GADSDEN, ETOWAH COUNTY, ALABAMA, AND BEING THE IDENTICAL PROPERTY CONVEYED BY Nations Title Agency, Inc., as Agent for the above listed Underwriter ALTA Commitment (6-17-06) Schedule A RICHARD KIRBY AND WIFE, EMMA KIRBY TO RHODA A. SMITH BY DEED DATED 16TH SEPTEMBER 1911, AND RECORDED IN DEED RECORD “YY”, PAGE 500 IN SAID PROBATE OFFICE, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON. BEING THE SAME PROPERTY CONVEYED TO GREGORY BAGGETT, AN UNMARRIED MAN BY QUITCLAIM DEED FROM TOM JEFF BAGGETT, AN UNMARRIED MAN AS RECORDED 07/01/2008 AS DOCUMENT 3295946.

 

For informational purposes only, the property address is: 621 Turrentine St, Gadsden, AL 35901.

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

 

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

 

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

 

Wells Fargo Bank, N.A., and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO & INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 19-016843

Attorneys for Mortgagee or Transferee

 

Jan 25, Feb 1 & 8, 2019

___________

MORTGAGE

FORECLOSURE NOTICE

 

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Crawford E. Barnes, Sr. to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender First Equity Home Loan, Inc. and Lender’s successors and assigns dated May 16, 2017, and Recorded in Inst. # 3451089 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Matrix Financial Services Corporation by instrument recorded in Inst. # 3475426 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 January 2, 2019, 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:

Begin at the intersection of the Southerly right-of-way line of Quida Drive and the Easterly right-of-way of Williams Street as shown on the map of R.U. Barnes Third Addition recorded in Plat Book “G”, Page 173, in the Judge of Probate Office, Etowah County, and run Northeasterly along the Easterly right-of-way line of Williams Street a distance of 341.98 feet; thence deflect 72°45′ right and run Easterly along the South right-of-way line of Barnes Drive a distance of 455.58 feet; thence deflect 107°20′ right and run Southwesterly along the Westerly right-of-way line of Margurete Avenue a distance of 52.02 feet; thence deflect 82°49′ left and run Southeasterly along the Southwesterly right-of-way line of Margurete Avenue a distance of 173.24 feet; thence deflect 92°01′ right and run a distance of 310.0 feet; thence deflect 70°08′ right and run a distance of 545.51 feet; thence deflect 17°42′ right and run a distance of 20.15 feet to the point of beginning. Said parcel of land being a portion of Lots 24 and 52 of the J.T. Noojin Estate as recorded in Plat Book “C”, Pages 44 and 45 in the Judge of Probate Office, lying and being in Hokes Bluff, Etowah County, Alabama.

 

SAVE AND EXCEPT that certain portion hereof previously conveyed by the grantors herein to Elizabeth Walker and husband, Walley Walker, as the same appears in deed recorded in Book 1377, at Page 333, in the Office of the Probate Judge of Etowah County, Alabama.

 

LESS AND EXCEPT: To reach a point of beginning for the hereinafter described parcel of land, commence at the northwest corner of the parcel of land described in Deed Book 1130, Page 665, Probate Office, Etowah County, AL, being the northeast corner of the parcel of land described in Deed Book 1321, Page 335, said Probate Office, and being in the southerly line of Margurete Avenue; Thence run North 68 degrees 00 minutes West, along said southerly line and the northerly line of said 1321-335 Parcel, 20.01 ft. to a point, Thence run South 24 degrees 12 minutes West, parallel with the easterly line of said 1321-335 Parcel, 159.37 ft. to a point; Thence run North 80 degrees 12 minutes West 262.17 ft. to a point, Thence run North 85 degrees 18 minutes West, 104.61 ft. to a point, which is the point of beginning of the parcel of land herein described; Thence from said point of beginning, continue North 85 degrees 18 minutes West, 200.00 ft. to a point in the east line of Williams Street (30 ft. RW); Thence run North 14 degrees 53 minutes East, along said east line, 170.00 ft. to a point in the south line of Barnes Drive; Thence run South 89 degrees 40 minutes East, along said south line, 185.00 ft. to a point;, Thence run South 09 degrees 17 minutes West, 182.00 ft. to the point of beginning. Said parcel embraces portions of Lot #52, of J.T. Noojin Estate Subdivision, as recorded in Plat Book “C”, pages 44 and 45, aforesaid Probate Office, and lying in Hokes Bluff, Etowah County, Alabama.

 

LESS AND EXCEPT: A parcel of land described as beginning at a point which is the northwest corner of the parcel of land described in Deed Book “1130”, Page 665, Probate Office, Etowah County, Alabama, being the northeast corner of the parcel of land described in Deed Book “1321”, Page 335, said Probate Office, said point being in the southerly line of Margurete Avenue; thence from said point of beginning run North 68 degrees 00 minutes West, along the northerly line of said “1321-335” parcel, 20.01 feet to a point; thence run South 24 degrees 12 minutes West, parallel with the easterly line of said “1321-335” parcel 159.37 feet to a point; thence run North 80 degrees 12 minutes West, 262.17 feet to a point; thence run South 01 degrees 48 minutes West, 172.95 feet to a point in the south line of said “1321-335” parcel; thence run South 85 degrees 41 minutes East, along said south line, 221.21 feet to the southeast corner of said “1321-335” parcel; thence run North 24 degrees 12 minutes East, along aforesaid easterly line of “1321-335” parcel, 310.00 feet to the point of beginning, and embracing portions of Lot #52 of J.T. Noojin Estate Subdivision, as recorded in Plat Book “C”, Pages 44 and 45 aforesaid Probate Office, and lying in Fraction L, Section 17, Township 12 South, Range 7 East of Huntsville Meridian, Hokes Bluff, Etowah County, Alabama.

 

ALABAMA LAW GIVES SOME PERSONS WHO HAVE AN INTEREST IN PROPERTY THE RIGHT TO REDEEM THE PROPERTY UNDER CERTAIN CIRCUMSTANCES. PROGRAMS MAY ALSO EXIST THAT HELP PERSONS AVOID OR DELAY THE FORECLOSURE PROCESS. AN ATTORNEY SHOULD BE CONSULTED TO HELP YOU UNDERSTAND THESE RIGHTS AND PROGRAMS AS A PART OF THE FORECLOSURE PROCESS.

This 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.

Matrix Financial Services Corporation

Mortgagee

 

William McFadden

McFadden, Rouse & Bender, LLC

718 Downtowner Blvd.

Mobile, AL 36609

 

Publish in The Messenger: December 7th, 14th, and 21st, 2018 2018

 

The sale provided for hereinabove which was originally scheduled for January 2, 2019 was further postponed 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 February 15, 2019 at the public entrance of the Etowah County Court House, 800 Forest Avenue Gadsden, AL 35901, during the legal hours of sale.

February 1, 2019

___________

NOTICE TO FILE CLAIMS

 

LAURA ROSE appointed Personal representatives on 1/04/2019 Estate of RONALD M. FRANKLIN 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 18, 25 & FEB 1, 2019

____________

NOTICE TO FILE CLAIMS

 

RAYMOND MICHAEL BECCARELLI appointed Personal representatives on 1/10/19 Estate of MARY JOAN CAGGIANESE 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 18, 25 & FEB 1, 2019

___________

NOTICE TO FILE CLAIMS

 

WILLIAM N. HALLER, JR. appointed Personal representatives on 1/08/19 Estate of SUZANNE W. HALLER 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 18, 25 & FEB 1, 2019

___________

NOTICE TO FILE CLAIMS

 

KEVIN DALE HICKS appointed Personal representatives on 1/03/2019 Estate of DALE HICKS 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 18, 25 & FEB 1, 2019

___________

NOTICE TO FILE CLAIMS

 

CYNTHIA LYNN CHANDLER STANFIELD appointed Personal representatives on 12/12/2018 Estate of MARY ELIZABETH PHILLIPS 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 18, 25 & FEB 1, 2019

__________

NOTICE TO FILE CLAIMS

 

MARY JANE BURNETT appointed Personal Representative on 01/11/19 Estate of JAMES RONALD BURNETT, 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 25, Feb 1 & 8, 2019

___________

NOTICE TO FILE CLAIMS

 

JOY SPELL appointed Personal Representative on 01/11/19 Estate of MARILYN RUCKS, 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 25, Feb 1 & 8, 2019

____________

NOTICE TO FILE CLAIMS

 

MARY C. SMITH appointed Personal Representative on 01/11/19 Estate of JOSEPH D. SMITH, 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 25, Feb 1 & 8, 2019

 

__________

NOTICE TO FILE CLAIMS

 

ROCKY LYNN KING AND KAREN SUE KING WEAVER appointed Personal Representative on 01/09/19 Estate of FAIRY MAE PATTERSON KING 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

 

Feb 1, 8 & 15, 2019

__________

NOTICE TO FILE CLAIMS

 

MARK SHANE FAIL appointed Personal Representative on 01/17/19 Estate of VIVIAN SUE THOMPSON deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

Feb 1, 8 & 15, 2019

__________

NOTICE TO FILE CLAIMS

 

BRENDA STANCIL appointed Personal Representative on 01/17/19 Estate of CECILE MAEL ROBERTSON deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

Feb 1, 8 & 15, 2019

__________

NOTICE TO FILE CLAIMS

 

JANICE INGRAM appointed Personal Representative on 01/16/19 Estate of ROBERT ODELL INGRAM deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

Feb 1, 8 & 15, 2019

__________

NOTICE TO FILE CLAIMS

 

VICKY MAY CASEY appointed Personal Representative on 01/17/19 Estate of NORMA M. ABSHER deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

Feb 1, 8 & 15, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to DENISE & GERALD LANCASTER, 3411 WALNUT STREET, GADSDEN, ALABAMA 35904, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 3411 WALNUT STREET District 6 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LTS 15-16 BLK 21 WALNUT PARK ADD PLAT B-117 1-12-5

 

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to HELEN CLAY c/o J. C. CLAY, 3317 FORREST AVENUE, GADSDEN, ALABAMA 35901, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 1318 ELLIS AVENUE District 6 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LTS 11 & 12 BLK 6 ELLIS ADD TO GAD PLAT D-123 GADSDEN 7-12-6

 

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

_________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to FNA NP LLC, 120 N. LASALLE STREET SUITE 1220, CHICAGO, IL 60602, BOBBY SHRUM & JESSICA BRUMBLOW, P.O. BOX 4403, GADSDEN, ALABAMA 35904, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 1116 WINDSOR STREET District 1 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LTS 47-50 BLK 1 T R RALEYS 2ND ADD PLAT D-223 GADSDEN 12-12-6

 

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

___________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given BRIAN STANSELL, 1949 EGYPT ROAD, ALTOONA, ALABAMA 35952, STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 1110 STILLMAN AVENUE District 2 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LT 29 BLK 38 GARDEN CITY SUB NO 2 PLAT C 410-411 GADSDEN 11-12-6

Should be assessed with a lien of $196.00 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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, JOHN KERNOCHAN, 11333 FORD VALLEY ROAD, GADSDEN, ALABAMA 35905, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 407 WILSON STREET District 6 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LT 9 BLK 8 WALNUT PARK ADD PLAT B-117 1-12-5

 

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, JOHN KERNOCHAN, 11333 FORD VALLEY ROAD, GADSDEN, ALABAMA 35905, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 405 WILSON STREET District 6 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LT 10 BLK 8 WALNUT PARK ADD PLAT B-117 1-12-5

 

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

___________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to JERRY HUMPHREY, 507 JONES STREET, ATTALLA, ALABAMA 35954, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 403 WILSON STREET District 6 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LOT 11 BLK 8 WALNUT PARK ADD PLAT B 117 GADSDEN SEC 1 TWP 12S R 5E 1435-453 1464-341 1745-281 D-98-3769 D-2005-3557

 

Should be assessed with a lien of $196.00 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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to RETHA FRIERSON, c/o RHEA, BOYD, & RHEA & COGGIN, P.O. BOX 8486, GADSDEN, ALABAMA 35902, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 303 WEST LAKE DRIVE District 2 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LT 10 BLK B OAKLEIGH EST PLAT G-55 25-11-6

 

Should be assessed with a lien of $316.00 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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, FRANK SAMPSON, 272 DALLAS AVENUE, WINFIELD, ALABAMA 35594, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 130 WASHINGTON AVENUE District 1 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LT 7 BLK B LINCOLN PARK NEGRO 603 DEVEL C-391 GADSDEN

SEC 14 TWP 12S R 6E

 

Should be assessed with a lien of $196.00 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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

___________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, JOHN MOTORS, INC. 1060 TUSCALOOSA AVENUE, GADSDEN, ALABAMA 35901, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 450 TUSCALOOSA COURT District 3 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LT 2 LESS E 10 TUSCALOOSA COURT ADD PLAT D-147 GADSDEN 5-12-6

 

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

__________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to TED KIRBY, JR. 3802 WAUCHULA STREET, CHATTANOOGA, TN 37406, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 437 EVANS STREET District 3 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

COM NW COR NW1/4 NW1/4 TH S 620S TH E 165S TO E ROW OF EVANS ST BEING POB TH S 84.5 ALONG EVANS ST TH E 70 TH N 84.5 TH W70 TO POB LYING IN NW1/4 NW1/4 BEING PT LTS 15-16 EVANS ADD UNRECORDED SUB 4-12-6

 

Should be assessed with a lien of $316.00 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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

_________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to RITA MCCANTS, c/o CHARLES MOORE, 1703 KANSAS STREET, GADSDEN, ALABAMA 35903, CHARLES MOORE, 1703 KANSAS STREET, GADSDEN, ALABAMA 35903, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 1122 SPRINGFIELD AVENUE District 1 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

LTS 2-3 BLK 2 SUNNYSIDE ADD RE-ARR PLAT C-407 GADSDEN 12-12-6

 

Should be assessed with a lien of $196.00 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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

___________

NOTICE OF

PUBLIC HEARING

 

Notice is hereby given to SHEILA R. GARRISON, 1421 SPRINGFIELD AVE. GADSDEN, ALABAMA 35903, STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, believed to have or claim an interest 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 12, 2019 at 11a.m., a hearing will be held to determine whether or not the property located 1421 SPRINGFIELD AVENUE District 1 in the City of Gadsden, more particularly described as:

 

LEGAL DESCRIPITION:

COM SE INT OF TALMADGE ST & SPRINGFIELD AVE TH E 100 ALONG S ROW OF SPRINGFIELD AVE TH SW 50 TO POB TH SW 50 TH W 50 TH NE 50 TH E 50 TO POB BEING PT LT 1 BLK 4 WRIGHTS VILLAGE SUB PLAT C-255 GADSDEN 13-12-6

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.

 

Brian Harbison

Building Official

City of Gadsden

  1. O. Box 267

Gadsden, AL 35902

(256) 549-4529

 

Feb 1, 2019

____________

RESOLUTION

  1. R-32-19

 

Ordering Abatement of Nuisance

 

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

733 BROOKSIDE DRIVE in District 3 in the City of Gadsden, more particularly described as:

Lot Number Nine (9), in Block Number Two (2), in Mountain Brook Addition, according to the map thereof as recorded in Plat “D”, Page 199, in the Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to US BANK TRUST, N.A., as trustee for LSF9 MASTER PARTICIPATION TRUST c/o CALIBER HOME LOANS, INC., 3701 Regent Boulevard Suite 200, Irving, TX;

 

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

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on January 23, 2019.

 

Iva Nelson, City Clerk

 

Feb 1, 2019

___________

ADVERTISEMENT FOR BIDS

 

PROJECT:

Landscape I-59 at US-431/Cleveland Interchange

Project No. M-008

 

OWNER:

The City of Attalla, Alabama

 

Separate sealed bids for the construction of the Landscape I-59 at US 431/Cleveland Interchange will be received by The City of Attalla, consisting of removing various types of vegetation and installing sod and pine-straw.

 

The bids will be received at the city hall of Attalla at 612 4th Street NW, Attalla, AL, 35954 until 5:00 P.M. CDST on Monday February 18, 2019 in the Council Chambers and then at said place publicly opened and read aloud.

 

The Contract Documents may be examined at the Attalla City Hall. Copies of the Contract Documents may be obtained from The City of Attalla Engineering Department (256) 538-9986, upon receipt of a non-refundable fee of $20.00 (cash or check) for each set. Upon request, documents will be shipped with all shipping and handling charges collect.

 

Each Bidder must deposit with his bid security in the amount, form and subject to the conditions provided in the Contract Documents.

 

The Owner reserves the right to waive any informalities or to reject any or all bids, and to award the contract to the best and most responsible bidder. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Instruction to Bidders.

 

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

 

No bidder may withdraw his bid within 60 days after the actual date of the opening thereof.

 

THE CITY OF ATTALLA

BY:

Larry Means, Mayor

 

Feb 1, 8 & 15, 2019

__________

PUBLIC HEARING

 

The City of Attalla will hold public hearings to discuss remedies for nuisance/abatement cases that will come before the Attalla City council on february 18th, 2019 at City Hall, at 5:00 pm located at 612 4th Street NW, Attalla, Alabama. the following addresses will be discussed.

 

715 Owens Avenue

511 Gains Street

643 Taft Avenue

505 8th Avenue SW

319 Noojin Street

 

Feb 1, 8 & 15, 2019

___________

PUBLIC NOTICE

 

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

 

NOTICE OF A PROPOSED SOLID WASTE PERMIT RENEWAL UNDER THE ALABAMA SOLID WASTES & RECYCLABLE MATERIALS MANAGEMENT ACT AND REQUEST FOR COMMENTS

PUBLIC NOTICE – 422

 

Etowah County

 

SV Enterprises, LLC, applied to the Alabama Department of Environmental Management (ADEM) to renew the Solid Waste Disposal Facility Permit for the Noble Hill Landfill, Permit No. 28-08. The waste stream for the Noble Hill Landfill would remain nonhazardous solid wastes, noninfectious putrescible and nonputrescible wastes including but not limited to household garbage, commercial waste, industrial waste, construction and demolition debris, tires, appliances, trees, limbs, stumps, dried sludge, paper, and other similar type materials. Special waste approved by ADEM may also be accepted. The service area for the Noble Hill Landfill would remain the contiguous United States. The maximum average daily volume of waste disposed at the Noble Hill Landfill would remain 3000 tons per day. The application requested that all conditions of the current permit for the Noble Hill Landfill, including previously approved variances and special conditions, be granted in the renewed permit.

 

The landfill is located in Sections 15 and 16, Township 11 South, Range 5 East in Etowah County, Alabama. The permitted facility consists of 208.38 acres with 121.06 acres permitted for disposal operations.

 

Copies of the public notice and proposed permit are available for public inspection electronically via www.adem.alabama.gov/newsEvents/publicNotices.cnt and the complete application is available at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm by appointment. A nominal fee for copying and/or mailing may be charged. Arrangements for copying should be made in advance.

 

Russell A. Kelly, Chief

Permits and Services Division

ADEM

1400 Coliseum Blvd.

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

Montgomery, Alabama 36110-2400

(334) 271-7714

 

Persons wishing to comment may do so, in writing, to the Department’s named contact above within 35 days following the publication date of this notice. In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed permit.

 

A written request for a public hearing may also be filed within that 35-day period and must state the nature of the issues proposed to be raised in the hearing. The Director shall hold a public hearing upon receipt of a significant number of technical requests.

 

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

 

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

 

This notice is hereby given this 1st day of February, 2019, by authorization of the Alabama Department of Environmental Management.

 

Lance R. LeFleur

Director

 

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

 

Feb 1, 2019

_________

LEGAL NOTICE

 

CFORM OF ADVERTISEMENT FOR COMPLETION

ln accordance with Chapter 1, Title 39, code of Alabama 1975, notice is hereby given that Temple Electric Co., lnc., lnc., contractor, has completed the Contract for Public Works 19-107 Exterior Electrical Upgrade: East Broad Administration Building at the EAST BROAD CAMPUS for Gadsden State Community College, Gadsden, Alabama for the state of Alabama and the (county) of Etowah, Gadsden, Owner(s), and have made request for final settlement of said Contract. All persons having any claims on for labor, materials, or otherwise in connection with this project should immediately notify: James R. Prucnal, Dean of Financial and Administrative Services, Gadsden State Community College, PO Box 227, Gadsden, AL 35902.

 

Feb 1, 2019

_________

LEGAL NOTICE

 

McCartney Construction Company, Inc., hereby gives notice of completion of contract with the City of Hokes Bluff for construction of Project no. ST-028-999-009 – Rec and resurf of Jenkins Road and Aaron Way in Etowah County.

This notice will appear for four consecutive weeks beginning on January 11, 2019 and ending on February 1, 2019.

All claims should be filed at McCartney Construction, Inc., 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.

 

Jan 11, 18, 25 & Feb 1, 2019

___________

NOTICE OF

CIVIL ACTION

 

James Wilson, whose current whereabouts are unknown, must answer Family Care Center, Inc.’s Complaint by March 4, 2019, or thereafter, a judgment by default may be entered against him in Case No. CV-2018-900684-SJS, Circuit Court of Etowah County, Alabama.

 

Done the 28TH day of January, 2019.

 

CASSANDRA “SAM” JOHNSON

Circuit Court of Etowah County, Alabama

 

Feb 1, 8, 15 & 22, 2019

____________

PUBLICATION NOTICE

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: S-10342

IN THE MATTER OF THE ESTATE OF CHARLES E. BOND, JR.

DECEASED

TO: The unknown heirs at law and next of kin of Charles e. Bond, Jr., deceased

YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument in writing purporting to be the Last Will and Testament of Charles E. Bond, Jr., deceased, and a petition in writing and under oath praying for the admission to probate and record in this Court of said instrument as the true Last Will and Testament of said decedent.

You are FURTHER NOTIFIED to be and appear before this Court on the 12th day of March, 2019, at 11:30 o’clock a.m. when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Charles E. Bond, Jr., deceased, should not be admitted to probate and record in this court as the true Last Will and Testament of said decedent.

This the 28th day of January, 2019.

 

Scott W. Hassell

Judge of Probate Court

 

Feb 1, 8 & 15, 2019

___________

NOTICE OF ADOPTION

 

TO: HARMONTY CLAYTON

JERAD GIBS:

THE UNKNOWN FATHER:

 

You are hereby notified that a Petition for Adoption has been filed in the Probate Court by Kevin and Michele Bowers to adopt Z.L.K.G., Case No. A-1405 and to adopt M.A.J.C., Case no. A-1406

 

Hearing is set for the 20th day of March, 2019, at 10:00 am

 

If you as mother or as father, intend to contest this adoption, you must ile a written response within 30 days of the date of last publication herein with the clerk of the Probate Court of Etowah County, Alabama.

 

Dated this the 14th day of January, 2019

 

Bobby M. Junkins

Judge of Pobate

 

Jan 18, 25, Feb 1 & 8, 2019

___________

NOTICE OF SERVICE OF PROCESS BY PUBLICTION

 

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO.:   16 JT 204

NORTH CAROLINA, JOHNSTON COUNTY

IN THE MATTER OF: BABY BOY JAGNEAUX

DOB: 08/03/2010

TO: JONATHAN LEE JAGNEAUX

Last Known Address: 2708 Sansom Avenue, Gadsden, AL 35904

 

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows:

 

The Petitioner herein has filed a Petition for Termination of Parental Rights concerning the above-referenced minor child, pursuant to the provisions of G.S. 7B-400, et seq.

 

YOU ARE REQUIRED to make a written answer to such pleading not later than

March 6, 2019, being 40 days from the date of the first publication of this Notice on

January 25, 2019, and upon your failure to do so, the party seeking relief against you will apply to the Court for the relief sought.

 

Respondent parent is hereby notified that any counsel appointed previously and still representing said Respondent parent in any abuse, neglect, or dependency proceeding regarding this minor child shall continue to represent said Respondent parent unless otherwise ordered by the Court; however, if a Respondent parent is indigent and is not already represented by appointed counsel, the Respondent parent is entitled to appointed counsel by contacting the Johnston County Clerk of Superior Court immediately to request counsel; that provisional counsel has been appointed; and that the appointment of provisional counsel shall be reviewed by the Court at the first hearing after service by this publication.

 

Respondent parent shall further be notified of the date, time, and place of any pretrial hearing, including notice of the purpose of said hearing, pursuant to the provisions of G.S. 7B-1108.1, and the notice of said hearing of the Petition will be mailed by the Petitioner upon filing of a written answer by the Respondent Parent, or by 30 days from the date of service by publication, if no answer is filed, and Respondent Parent may attend the termination hearing.

This the 17th day of January, 2019.

 

HOLLAND & O’CONNOR, PLLC

Attorney for the Petitioner, JCDSS

 

JENNIFER S. O’CONNOR

N.C. Bar No. 25440

201 N. Second Street

  1. O. Box 1833

Smithfield, NC 27577

Telephone (919) 934-3141

Facsimile (919) 989-7547

 

Jan 25, Feb 1 & 8, 2019

____________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO; CV-19-900019-DAK

STATE OF ALABAMA, ex rel: Etowah county Drug Enforcement unit,

PLAINTIFF

VS.

2001 Chevrolet Tahoe

VIN # 1GNEC13T11R200351

DEFENDANT

In Re: Tosha Nichole Kirby

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 11th day of March, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

DONE this the 9th day of January, 2019

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

Jan 11, 18, 25 & Feb 1, 2019

_____________

 

NOTICE OF SHERIFF’S SALE

 

UNDER AND BY VIRTURE OF CASE # DV05-520 ETOWAH COUNTY DISTRICT COURT

Against Terri Shadwrick and in favor of Bowman Investments, Inc., as assignee, I will proceed to sell on Monday February 25, 2019 at 11:00 A.M. at the Etowah County Courthouse, 800 Forrest Ave., Gadsden, Alabama. Between the legal hours of sale half interest (50%) of the following described property of the said:

 

Lot Eight (8) and Ten (10) in block Four (4) in Sims Second addition to Glencoe according to the amended map thereof as recorded in Plat book “D” Page 195, probate office, Etowah County, Alabama. PPIN 028917 Parcel 14-09-29-0-001-097.000. Street address 407 Juanita Street.

 

**SOLD SUBJECT TO CODE OF ALABAMA (6-9-85) UNDIVIDED INTERST (50% IN PROPERTY

**ALL PROPERTY SOLD SUBJECT TO ALL MORTGAGES AND ENCUMBRANCES. All property located in Etowah County. Purchaser pays cost of advertising and other lawful charges and fees.

 

Jonathon w. Horton, Sheriff of Etowah County

Mitchell Hill, Chief Deputy

 

Feb 1, 8 & 15, 2019

_________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 2/22/19.

 

2012 YAMAHA FZ6-R; VIN # JYARJ18E3CA009764

 

AM PM Roadside and Towing

827 Jones Street

Gadsden, AL 35901

(256)691-9162

 

Jan 25 & Feb 1, 2019

__________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/01/19.

 

1988 CHEVROLET GMT-400; VIN # 1GCDK14K4JZ291418

2000 FORD EXCURSION; VIN # 1FMNU43S5YED54654

 

Haynes Automotive

98 Bobby Austin Drive

Attalla, AL 35954

(256)538-5668

 

Jan 25 & Feb 1, 2019

 

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/08/19.

 

2016 NISSAN PATHFINDER; VIN # 5N1AR2MN2GC617013

 

Tommy Tow’s

3403 Forrest Avenue

Gadsden, AL 35904

(256) 490-3715

 

Feb 1 & 8, 2019

 

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/08/19.

 

2001 CHEVROLET SILVERADO 1500; VIN # 2GCEC19V011217071

1997 TOYOTA AVALON; VIN # 4T1BF12B8VU178262

 

Jimmy’s Auto Service and Towing

1727 Forrest Avenue

Gadsden, AL 35901

(256) 458-2007

 

Feb 1 & 8, 2019

 

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/08/19.

 

1986 GMC JIMMY; VIN # 1G5EK18L2GF524527

 

Dylan Harrison

113 McEntyre Street

Rainbow City, AL 35906

 

Feb 1 & 8, 2019

 

 

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/08/19.

 

2006 FORD TAURUS; VIN # 1FAFP53U26A108789

 

William Davison

2000 Hickory Street

Gadsden, AL 35904

(256) 390-4314

 

Feb 1 & 8, 2019

 

 

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/08/19.

 

2006 CHEVROLET SILVERADO 1500; VIN # 2GCEK13TX61156667

 

Acker’s Wrecker Service

1261 East Main Street

Centre, AL 35960

(256) 927-8504

 

Feb 1 & 8, 2019