Legals for the week of 6/28 to 7/4

July 2, 2019 chris
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MORTGAGE

FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated January 18, 2010 executed by Jeffrey Franklin Jenkins, Married and Whitney Nicole Jenkins, Married, in favor of Walter Mortgage Company, LLC, said Mortgage being recorded March 15, 2010, in Instrument Number 3328986, in the Office of the Judge of Probate of Etowah County, Alabama; having later been assigned to U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, for Mid-State Capital Corporation 2005-1 Trust by instrument recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said default continues and notice is hereby given that the undersigned, U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, for Mid-State Capital Corporation 2005-1 Trust, by Ditech Financial LLC as servicer with delegated authority, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on 07/11/2019, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit:

 

For a Point of Beginning; Commence at the Northeast corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), Section 8, Township 12 South, Range 5 East; thence run South 89 degrees 34 minutes 01 seconds East a distance 124.74 feet to a point in the centerline of Wise Road; thence deflect right 114 degrees 13 minutes run Southwesterly along the centerline of Wise Road a distance of 231.27 feet to a point; Thence deflect right 110. degrees 23 minutes 27 seconds and run Northwesterly a distance of 197.00 feet to a point; thence deflect right 14 degrees 42 minutes 23 seconds and continue Northwesterly a distance of 84.49 feet to an existing fence line; thence deflect right and run North 89 degrees 34 minutes 01 seconds East a distance of 153.56 feet to the Point of Beginning, said Tract embracing a portion of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) and the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4), Section 8, Township 12 South, Range 5 East, lying East of the Huntsville Meridian, Etowah County; Alabama containing 0.64 Acres, more or less.

For informational purposes only, the property address is: 326 Miller Hollow Road, Attalla, AL 35954. 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 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, EXPRESS OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

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

This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.

U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, for Mid-State Capital Corporation 2005-1 Trust, by Ditech Financial LLC as servicer with delegated authority

Paul K. Lavelle, Esq.

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

(205) 298-1800

19-01071-FC

 

June 14, 21 & 28, 2019

___________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Linda Howard, a married woman and husband, Tommy Howard, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Finance America, LLC, on the 26th day of July, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc# M-2005-3124; the undersigned U.S. Bank National Association, as Trustee for Home Equity Asset Trust 2006-5 Home Equity Pass-Through Certificates, Series 2006-5 , 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 July 25, 2019, 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 Twenty-Three (23) in Block Number 1-A, in Shoreland Estates, Inc.’s First Addition to Broadway, according to the Map or Plat thereof recorded in Plat Book “C”, Page 383, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama.

 

Property street address for informational purposes: 404 Herzberg Circle, Gadsden, AL 35903

 

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

 

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

 

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

 

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

 

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

 

This sale is subject to postponement or cancellation.

 

U.S. Bank National Association, as Trustee for Home Equity Asset Trust 2006-5 Home Equity Pass-Through Certificates, Series 2006-5, Mortgagee/Transferee

Jahan Berns

SIROTE & PERMUTT, P.C.

  1. O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

450975

June 14, 21 & 28, 2019

____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on July 22, 2004 by Waymon Morgan and Trena Morgan, husband and wife, originally in favor of The Provident Bank dba The Provident Bank, Inc., and recorded in Doc # at M-2004-3267 on July 28, 2004, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2004-10 as reflected by instrument recorded in Instrument # 3276156 and 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 July 31, 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:

Beginning at the Southwest corner of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 14, Township 10 South, Range 5 East; thence running North and along the quarter section line 140 yards; thence East 70 yards; thence South 140 yards to the half section line; thence West along the half section line 70 yards to the point of beginning , containing 2 acres, more or less, lying and being in Etowah County, Alabama, saving and excepting the minerals, mineral interests and mining privileges in, on and upon the same.

 

For informational purposes only, the property address is: 1995 Whitesboro Rd, Boaz, AL 35956.

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.

 

U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2004-10, and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO & INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 18-015520

Attorneys for Mortgagee or Transferee

 

June 21, 28 & July 5, 2019

__________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Don F. Bradford, Inc., an Alabama Corporation and Exquisite Hones, Inc., an Alabama Corporation, as Mortgagers, to Darrell L. Smart, as Mortgagees, dated the 5th day of December, 2017, and recorded in instrument Number 3460688. Probate Office, Etowah County, Alabama.

 

With the default of the sold mortgager, having continued to this date, notice is hereby given that the undersigned will, under and by virtue of the pwer of sale contained in said mortgage, sell at public outcry for cash to the highest bidder between the legal hours of sale, on the 17th day of July, 2019, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, the following described real property situated in Etowah County, Alabama, to-wit:

 

LANDS BOUND BY RAMSGATE SUBDIVISION OWENS DRIVE TO SOUTH EASTSIDE DRIVE TO WEST LITTLEJOHN PROPERTY TO NORTH AND H. NEELY HENRY RESERVOIR “THE COVE” AT WATERFORD PLACE SUBDIVISON TO EAST

 

Commence at an iron pin found (PLS #20141) being the Southwest corner of Lot 12 of Ramsgate Subdivision as recorded in Plat Book “A1”, Page 10 in the Judge of Probate Office, Etowah County, Alabama, said point being the point of intersection of the Easterly right-of-way of Eastside Drive and the Northerly right-of-way of Owens Drive. From said point of commencement run N 6° 36’ 21” E along the Westerly line of said lot # 12 and along the Easterly right-of-way of Eastside Drive a distance of 35.17 feet to an iron pin found (PLS #20141) being the Northwest corner of said Lot #12 and also being the point of beginning of the lands herein described. From said point of beginning run N 09° 27’ 16”E along the Easterly right-of-way of said Eastside Drive a distance of 79.73 feet to an iron pin found (PLS #20141); thence run N 9° 39’ 24” E along said Easterly right-of-way a distance of 144.86 feet to a concrete monument found; thence deflect right and run N 74° 35’ 39” E along said Easterly right-of-way a distance of 65.28 feet to a concrete monument found; thence deflect left and run N 33° 24’ 39” E along said Easterly right-of-way a distance of 67.18 feet to a concrete monument found: thence deflect left and run N 1° 25’ 46” E along said Easterly right-of-way a distance of 50.06 feet to a concrete monument found: thence deflect left and run N 37° 44 ’31” W along said Easterly right-of-way a distance of 88.10 feet to a concrete monument found being the Southwest corner of the Henry O. and wife Laurel J. Littlejohn property as recorded in Deed Book 1439, Page 377, Judge of Probate Office, Etowah County, Alabama; thence deflect right, depart from said right-of-way and run N 88° 01’ 39” E along the South line of said Littlejohn property a distance of 1114.39 feet to a ½ inch rebar found being the point of intersection with the 511 contour of the H. Neely Henry Reservoir, said point being the Southeast corner of said Littlejohn property; thence deflect right and run S 50° 20’ 48” E along said 511 contour a distance of 162.92 feet to an iron pin found (PLS #20141) being the point of intersection with the Eastern boundary of the SE ¼ of the NE ¼ (otherwise known as Fraction or Government Lot # 8) Section 17, T-12-S, R-6-E. of the Huntsville Meridian, Etowah County, Alabama, said point also being the Northwest corner of Lot # 28 of “The Cove” at Waterford Place Subdivision as recorded in Plat Book “ L”, Page 74, in the Judge of Probate Office, Etowah County, Alabama; thence deflect right and run S 07° 00’ 00” W along the Eastern line of said forty and along the Western line of said Lot # 28 a distance of 194.85 feet to an iron pin found (PLS #20141) being the Southwest corner of said Lot # 28; thence continue S 07° 00’ 00” W along the Eastern line of said forty and along the Western line of Lot # 1 of said “The Cove” at Waterford Place Subdivision a distance of 47.83 feet to an iron pin found (PLS #20141) being the Northeasterly corner of Lot #1 of the aforementioned Ramsgate Subdivision; thence deflect right, depart from said forty line and run N 61° 46’ 21” W a distance of 106.71 feet along the Northerly line of said Lot #1 to an iron pin found (PLS #20141) being the Northernmost corner thereof; thence deflect left and run along a curve to the right having curve data of arc= 61.65 feet, radius = 140.13 feet, delta = 25°12’19”, tangent = 31.53 feet and having a chord bearing and distance of S 40° 49’ 48” W and 61.15 feet, respectively, to an iron pin found (PLS #20141); thence deflect left and run S 1° 42’ 05” E along the West line of said Lot # 1 a distance of 113.21 feet to an iron pin found (PLS#20141) at the point of intersection with the North right-of-way of Owens Drive, said point being the Southwest corner of said Lot 1: thence deflect right and run S 88°17’55” W along said Northerly right-of-way a distance of 80.00 feet to an iron pin found (PLS #20141) being the Southeast corner of Lot 2 of said Ramsgate Subdivision; thence deflect right and run N 1° 42’ 05” W along the Easterly line of said Lot # 2 a distance of 88.05 feet to an iron pin found (PLS#20141) being the Northeast corner thereof; thence deflect left and run S 88° 15’ 15” W along the North lines of Lots # 2 through Lot # 10 of said Ramsgate Subdivision a distance of 828.48 feet to an iron pin found (PLS #20141) being the Northwest corner of Lot # 10 of said Ramsgate Subdivision; thence deflect right and run Northwesterly along the Northerly lines of Lot # 11 & #12 of said Ramsgate Subdivision and along the curve to the right having curve date of arc = 126.67 feet, radius = 125.00 feet, delta = 58°03’35”, tangent = 69.37 feet and having a chord bearing and distance of N 62°42’57” W and 121.32 feet respectively, to an pin found (PLS #20141) being the Northernmost corner of said Lot #12; thence deflect left and run S 51° 34’ 52” W along the Northwesterly line of said Lot # 12 a distance of 185.30 feet to the point of beginning.

 

Said parcel being subject to a 10-food wide utility easement located in the Southwesterly portion of said property being granted to Gadsden Water Works and Sewer Board as recorded in Deed Book 900, Page 242, in the Judge of Probate Office, Etowah County, Alabama.

 

Said parcel being a portion South ½ of the Southeast ¼ of the Northeast ¼ (otherwise described as the South ½ of Fraction or Government Block #8) Section 17, T-12-5, R-6-E, of the Huntsville Meridian, Gadsden, Etowah County, Alabama and containing 10.130 acres, more or less.

 

Said sale will be made for the purpose of paying said indebtedness and the epenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage, and will be made subject to the rights of redemption as provided by law.

 

“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.”

 

Elizabeth P. Haney

Inzer, Haney, McWhorter, Haney & Skelton, LLC

Post Office Drawer 287

Gadsden, Alabama 35902

(256) 546-1656

 

June 21, 28 & July 5, 2019

__________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Don F. Bradford, Inc., an Alabama Corporation, as Mortgagor, to Allen Heath Patrick, Ronald A Patrick and Cecil R. Dorsett and wife, Barbara B. Dorsett, as Mortgagees, dated the 30th day of May, 2014, and recorded in instrument Number 3402550; and later assigned to Darrell L. Smart on the 9th day of September, 2015, and recorded in instrument Number 3439715; and later modified the 27th day of October, 2016, and recorded in Instrument Number 3441832 and further modified the 20th day of December, 2017, and recorded in instrument Number 3460687, Probate Office, Etowah County, Alabama.

 

With the default of the said mortgagor, having continued to this date, 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 between the legal hours of sale, on the 17th day of July, 2019, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, the following described real property situated in Etowah County, Alabama, to-wit:

 

PARCEL ONE:

Lots 1, 2, 3, 4, 5, 12, 13, 15, 29, 30, 31, 32 and 33 of The Cove at Waterford Place as recorded in map or plat thereof in Plat Book “L”, Page 74, Probate Office, Etowah County, Alabama.

 

PARCEL TWO:

Lots 1-22, 1-23, 1-24 and 1-25 of The Isle at Waterford Place as recorded in map or plat thereof in Plat Book “M”, Page 2, Probate Office, Etowah County, Alabama.

 

PARCEL THREE:

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Ramsgate as recorded in map or plat thereof in Plat Book “M”, Page 10, Probate Office, Etowah County, Alabama.

 

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, and will be made subject to the rights of redemption as provided by law.

 

“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.”

 

Elizabeth P. Haney

Inzer, Haney, McWhorter, Haney & Skelton, LLC

Post Office Drawer 287

Gadsden, Alabama 35902

(256) 546-1656

 

June 21, 28 & July 5, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by those certain real estate mortgage executed by Doris W. Blackwood, an unmarried woman, to The Exchange Bank of Alabama on the 2nd day of December, 2005, recorded as Document Number M-2005-5336, in the Office of the Judge of Probate, Etowah County, Alabama; Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such defaults continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on July 15, 2019, the following described real property situated in Etowah County, Alabama:

 

For a point of beginning to describe the lot or parcel of land herein described commence at the southeast corner of the NW 1/4 of the NE 1/4 of Section 28, Township 11 South of Range 7 East of Huntsville Meridian in Etowah County, Alabama; and from thence run in a westerly direction along the south line of said forty a distance of 200 feet to a point; and from thence run north 31 degrees 30 minutes west a distance of 571.8 feet to a point; and from thence turn left so as to form an interior angle of 90 degrees and run south 58 degrees 30 minutes west a distance of 133.25 feet to a point,   which is the point of beginning to describe the lot or parcel of land herein described; and from said point of beginning run south 28 degrees 32 minutes west a distance of 153.8 feet to a point; and from thence turn right so as to form an interior angle of 81 degrees 12 minutes and run north 52 degrees 40 minutes west a distance of 388.7 feet to a point in the southeast line of Lay Springs Road; and from thence run north 59 degrees 10 minutes east along the southeast line of Lay Springs Road a distance of 219.9 feet to a point; thence turn right so as to form an interior angle of 107 degrees 14 minutes and run south 48 degrees 04 minutes east a distance of 155.1 feet to a point; thence run south 35 degrees 27 minutes east a distance of 134.87 feet to the point of beginning; said description embracing a portion of Lot Number Eight (8) in B. H. Rutledge Farm, according to the map thereof as recorded in Plat Book B, Page 190, in the Office of the Judge of Probate of Etowah County, Alabama, and also embracing a portion of unplatted land in the NW 1/4 of the NE 1/4 in Section 28, Township 11 South of Range 6 East of Huntsville Meridian, Etowah County, Alabama, all of said land being located 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.

 

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

 

THE EXCHANGE BANK OF ALABAMA

Laura T. Lloyd

TURNBACH, WARREN, RICE, LLOYD,

FREDERICK & SMITH, P.C.

  1. O. Box 129/200 Chestnut Street

Gadsden, Alabama 35902-0129

(256) 543-3664

 

June 21, 28 & July 5, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH )

 

Default having been made in payment of the indebtedness secured by that certain mortgage given by Baptist Mission Church (whose name is sometimes incorrectly shown as Mission Baptist Church) to SouthTrust Bank, dated March 12, 2003, recorded as Document Number: M-2003-1646, Probate Office, Etowah County, Alabama, and assigned by Assignment of Mortgage and Other Recorded Documents from Wachovia Bank, National Association, successor by merger to SouthTrust Bank to Capfinancial CV2, LLC, dated December 20, 2007, recorded as Instrument Number: 3290055; Assignment of Mortgage from CapFinancial CV2, LLC to CapFinancial Properties CV2, LLC, dated August 17, 2010, recorded as Instrument Number: 3337159; Assignment of Mortgage from CapFinancial Properties CV2, LLC to CapFinancial CV1, LLC, dated March 11, 2011, recorded as Instrument Number: 3346763; Assignment of Mortgage from CapFinancial Properties CV2, LLC to CapFinancial CV1, LLC, dated April 4, 2011, recorded as Instrument Number: 3347778; Assignment of Mortgage/Deed of Trust from CapFinancial CV1, LLC to ACM CGS IV-B LN LLC, dated September 3, 2013, recorded as Instrument Number: 3391202; Assignment of Mortgage from ACM CGS IV-B LN LLC to Frontier Capital Group, Ltd., dated January 30. 2014, recorded as Instrument Number: 3397435; and Renewal, Modification and Extension of Promissory Note, Mortgage and Lien given by Mission Baptist Church to Frontier Capital Group, Ltd., dated to be effective April 11, 2016, recorded as Instrument Number: 3435676, all in said Probate Office. 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 will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, in Gadsden, Alabama, between the legal hours of sale on July 12, 2019, the following described real property situated in Etowah County, Alabama:

 

Lot Number Five (5) in Block “A”, in Lakewood Point Town homes, according to the map or plat thereof recorded in Plat Book “J”, Page 21, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Alabama.

 

This sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Proceeds thereof will be applied as provided by the terms of said mortgage. 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 Said sale is subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding 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 and rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.

Dated: June 17, 2019

 

FRONTIER CAPITAL GROUP, LTD.

JONATHAN M. WELCH

Attorney for Mortgage Holder

Jonathan M. Welch, P.C.

1925 Rainbow Drive

Gadsden, Alabama 35901

(256) 543-1660

 

June 21, 28 & July 5, 2019

___________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

 

Default having been made of the terms of the loan documents secured by that certain mortgage executed by John Sims, Jr Husband Bridget Sims Wife to Mortgage Electronic Registration Systems, Inc., as nominee for Renasant Bank, its successors and assigns dated September 30, 2015; said mortgage being recorded on October 1, 2015, as Instrument No. 3424410 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 to be recorded 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 19th day of August, 2019 the following property, situated in Etowah County, Alabama, to-wit:

Lot Number Seven (7) in Green Mountain Lake Homes, according to the map thereof, recorded in Plat Book “H” Page 110, Probate Office, Etowah County, Alabama, and lying and being in the town of Southside, Etowah County, Alabama.

 

Said property is commonly known as 2167 Broughton Spring Rd, Southside, AL 35907.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

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

The 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.

 

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. 9157319

www.foreclosurehotline.net

 

June 28, July 5 & 12, 2019

___________

FILE CLAIMS

 

GARY WAYNE WHORTON, SR, appointed Personal Representative on 04/30/2019 Estate of BARBARA B. WHORTON, 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

 

June 21, 28 & July 5, 2019

___________

FILE CLAIMS

 

BARBARA SULLIVAN appointed Personal Representative on 04/17/2019 Estate of NOBLE STONE, JR., 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

 

June 21, 28 & July 5, 2019

___________

FILE CLAIMS

 

JAMES O. LASSETER, IV, appointed Personal Representative on 04/29/2019 Estate of JAMES O. LASSETER, III, 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

 

June 21, 28 & July 5, 2019

___________

FILE CLAIMS

 

DONNA GLADDEN appointed Personal Representative on 04/17/2019 Estate of DONNIE GLADDEN, 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

 

June 21, 28 & July 5, 2019

____________

FILE CLAIMS

 

JAMES WESLEY CANNON appointed Personal Representative on 04/12/2019 Estate of JAMES THOMAS CANNON, 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

 

June 21, 28 & July 5, 2019

___________

FILE CLAIMS

 

JOHN DISQUE AGRICOLA, appointed Personal Representative on 04/30/2019 Estate of VIRGINIA DAY BAKER, 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

 

June 21, 28 & July 5, 2019

____________

FILE CLAIMS

 

ANDY AUSTIN appointed Personal Representative on 04/16/2019 Estate of CHARLOTTE LEE AUSTIN, 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

 

June 21, 28 & July 5, 2019

____________

FILE CLAIMS

 

DEBORAH B. SWAFFORD appointed Personal Representative on 05/14/2019 Estate of MARY V. SHEW, 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

 

June 28, July 5 & 12, 2019

__________

FILE CLAIMS

 

  1. JOSEPH MICHAEL PLUNKETT appointed Personal Representative on 05/29/2019 Estate of JANET M. PLUNKETT, 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

 

June 28, July 5 & 12, 2019

____________

FILE CLAIMS

 

TALMADGE VICKERS appointed Personal Representative on 05/22/2019 Estate of TONNIE VICKERS, 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

 

June 28, July 5 & 12, 2019

___________

FILE CLAIMS

 

REBECCA BRADY appointed Personal Representative on 05/01/2019 Estate of OLA MAE MCCLENDON, 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

 

June 28, July 5 & 12, 2019

____________

FILE CLAIMS

 

LINDA R. RILEY appointed Personal Representative on 05/08/2019 Estate of SOISITHONG EDWARDS, 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

 

June 28, July 5 & 12, 2019

__________

FILE CLAIMS

 

JENA SANDERS appointed Personal Representative on 05/24/2019 Estate of MELBA BUTTRAM, 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

 

June 28, July 5 & 12, 2019

___________

FILE CLAIMS

 

ROSE MARIE WILLIAMS appointed Personal Representative on 05/01/2019 Estate of JOHN HENRY WILLIAMS, JR., 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

 

June 28, July 5 & 12, 2019

___________

FILE CLAIMS

 

MICHAEL RAY NELSON AND RHODA NELSON ELROD appointed Personal Representative on 05/14/2019 Estate of JOYCE T. NELSON, 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

 

June 28, July 5 & 12, 2019

____________

FILE CLAIMS

 

LINDA J. WILLIS appointed Personal Representative on 05/24/2019 Estate of BETTY ANN MOON, 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

 

June 28, July 5 & 12, 2019

__________

FILE CLAIMS

 

CHRISTY YOW appointed Personal Representative on 05/24/2019 Estate of STEVEN ALAN YOW, 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

 

June 28, July 5 & 12, 2019

___________

RESOLUTION

  1. R-245-19

 

Ordering Abatement of Nuisance

 

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

1535 LITCHFIELD AVENUE in District 1 in the City of Gadsden, more particularly described as:

Lot No. 7, in Block No. 4, Brookwood Addition, according to the map thereof recorded in Plat Book “D”, page 88 and 89, Probate Office of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Rosemary Watters and Teria Jeanae Sims (Minor), 7825 Pence Pond Lance, Charlotte, NC, 1136 Well Spring Drive, Charlotte, NC, First Security Mortgage, Johnson & Associates Mortgage Co., Inc., Guaranty Savings and Loan Association, 3854-56 West 26th Street, Chicago, IL;

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 at an open public meeting held on June 18, 2019.

 

Iva Nelson, City Clerk

 

June 28, 2019

___________

ORDINANCE

  1. O-21-19

 

Amending Fiscal Year 2019 General Fund Budget

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN that the General Fund Budget adopted by Ordinance No. O-24-18 (Fiscal Year 2019 Budget), is amended by transferring $949,675.00 from unassigned fund balance into account (001-7500-418.70-11). The funds will be used for a landfill dozer, two loader trucks and

a tri-axle dump truck.

 

Adopted by the City Council of the City of Gadsden at an open public meeting held on June 18, 2019.

 

Iva Nelson, City Clerk

 

June 28, 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-028-99-010 – Gray Cir, Cedar Ridge Cir, Gilliland St, 6yh St and Spraggins St in Etowah County.

 

This notice will appear for four consecutive weeks beginning on June 7, 2019 and ending on June 28, 2019

 

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

 

June 7, 14, 21 & 28, 2019

___________

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT OF ETOWAH COUNTY

CASE NO.: A-1462

STATE OF ALABAMA, COUNTY OF ETOWAH

IN THE MATTER OF AN ADOPTION

Allen Keith Gearhart

You will take notice that a Petition for Adoption of the child born to Tara Gearhart (Natural Mother), set to be heard on 8/7/2019 at 10:00 am, was filed on 5/24/19, alleging that the identity of the natural father of the minor child is unknown and that his whereabouts are unknown and have not been disclosed to this Court. Minor Child’s date of birth is 05/21/2010.

Please be advised that should you intend to contest this adoption, you must file a written response within (30) days of the date of the last publication herein (with Sam D. Bone, whose name and address is shown below, and) with the Clerk of the Probate court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done 6/5/2019

 

Scott W. Hassell

Judge of Probate

Etowah County, Alabama

 

June 7, 14, 21 & 28, 2019

___________

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT OF ETOWAH COUNTY

CASE NO.: A-1463

STATE OF ALABAMA, COUNTY OF ETOWAH

IN THE MATTER OF AN ADOPTION

Allen Keith Gearhart

You will take notice that a Petition for Adoption of the child born to Tara Gearhart (Natural Mother), set to be heard on 8/7/2019 at 10:00 am, was filed on 5/24/19, alleging that the identity of the natural father of the minor child is unknown and that his whereabouts are unknown and have not been disclosed to this Court. Minor Child’s date of birth is 05/21/2010.

Please be advised that should you intend to contest this adoption, you must file a written response within (30) days of the date of the last publication herein (with Sam D. Bone, whose name and address is shown below, and) with the Clerk of the Probate court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done 6/5/2019

 

Scott W. Hassell

Judge of Probate

Etowah County, Alabama

 

June 7, 14, 21 & 28, 2019

___________

NOTICE OF FILING WILL

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO: S-10536

IN THE MATTER OF THE ESTATE OF MELISSA CLEMENTS BAILEY, DECEASED

TO UNKNOWN HEIRS AND NEXT OF KIN:

That on the 3rd day of June, 2019, a certain paper in writing purporting to be the Last Will and Testament of the said Deceased was filed in the aforesaid Probate Court by JIMMIE D. BACHELOR, as Petitioner and his petition for Probate thereof as such Will; and that the 16th day of July, 2019, at 2:00 o’clock PM, has been appointed as the day for hearing said Petition, at which tie you may appear and contest the same, if you deem it proper to do so.

Given under my hand and seal of the court this 11th day of June, 2019.

 

Scott W. Hassell

Judge of Probate

 

June 14, 21 & 28, 2019

____________

NOTICE OF CIVIL PROCEEDINGS

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: CV-2016-900766.00 CDR

JAMES WEST, Plaintiff

VS.

SHANNE aka SHIANNE HARDY, Defendant

Notice To: SHANNE aka SHIANNE HARDY, whose whereabouts are unknown must answer the Complaint for Damages and other relief within the time allowed by law (30 days from the final date of publication of this otice) or thereafter, a judgment by default may be rendered against her.

 

John S. Morgan

Attorney at Law

269 South 7th Street

Gadsden, AL 35901

(256) 543-7879

 

June 14, 21, 28 & July 5, 2019

__________

NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2019-900415

OOD GAL,

Plaintiff,

VS.

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

LOT NUMBER 40, UNIT 7 OF GREEN VALLEY ESTATES, ETOWAH COUNTY, ALABAMA, AS RECORDED IN PLAT BOOK “H”, PAGE 28, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

and

ELIZAETH BEARDEN; INCLUDING ANY HEIRS OR DEVISEES OF THE SAME AND THOSE WHOSE ADDRESSES ARE UNKNOWN AND ANY AND ALL UNKNOWN PARTIES, including any persons claiming any present interest therein and including any person claiming any future, contingent, reversionary, remainder, or other interest therin, who may claim any interest in the above described property,

Defendants.

The Defendant, ELIZABETH BEARDEN, including any of her heirs and next of kin, and any other individuals who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer the Plaintiff’s Bill to Quiet Title by July 29, 2019 or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done the 4th day of June, 2019

 

Cassandra Johnson,

Clerk of the Circuit Court of Etowah County

 

June 7, 14, 21 & 28, 2019

___________

NOTICE OF CIVIL ACTION TO

QUIET TITLE TO REAL PROPERTY

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NUMBER: CV-2019-900490-SJS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

EVA McKELROY LOWE, PLAINTIFF,

RALPH DAVIS CUSHEN, DECEASED, AND HIS HEIRS AND DEVISEES BELIEVED TO BE: CHRISTIN S. ROE, JACQUELINE DIANE CUSHEN, JENNIFER ALFORD, HOLLY CUSHEN, LANEY CUSHEN, KERRIE CUSHEN McKELROY, and DANIEL KENT CUSHEN; THE FOLLOWING NAMED CREDITORS WITH CLAIMS FILED AGAINST THE ESTATE OF RALPH DAVIS CUSHEN, DECEASED: SUCCESSOR IN INTEREST TO GADSDEN LOAN & INVESTMENT COMPANY, SEARS ROEBUCK AND CO., MARVIN’S INC., SHELL OIL COMPANY, FOLEY BELSAW COMPANY, DISCOVER CARD SERVICES, INC., CONOCO, INC., JCPENNEY, FIRST FAMILY FINANCIAL SERVICES, INC., AUTO OWNERS INSURANCE COMPANY; MARVIN O. B. WATTS AND HIS HEIRS AND DEVISEES, IF DECEASED; AND IRENE FRANCES WATTS, DECEASED, AND HER HEIRS AND DEVISEES BELIEVED TO BE THE FOLLOWING: MARVIN O. B. WATTS, GLENDA IRENE KELLER, BILLY GEORGE WATTS, RODNEY MARVIN WATTS, JANICE FAYE KELLEY, CHRYSTIE LYNN WATTS, CATHY LEIGH WALL; AND THE FOLLOWING DESCRIBED PARCEL OF REAL PROPERTY, SITUATED IN ETOWAH COUNTY, ALABAMA., TO-WIT: COMMENCE AT THE SE CORNER OF THE SE1/4 OF THE NW1/4 OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 5 EAST AND THENCE RUN IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 1,324.42′ TO A POINT; THENCE RUN NORTH 2 DEGREES 12′ WEST A DISTANCE OF 689.02′ TO A POINT. SAID POINT BEING THE POINT OF BEGINNING TO DESCRIBED THE PROPERTY HEREIN CONVEYED; THENCE CONTINUE NORTH 2 DEGREES 12′ WEST A DISTANCE OF 364.11′ TO A POINT; THENCE NORTH 87 DEGREES 47′ EAST A DISTANCE OF 632.18′ TO A POINT; THENCE SOUTH 2 DEGREES 12′ EAST A DISTANCE OF 372.39′ TO A POINT; THENCE IN A WESTERLY DIRECTION A DISTANCE OF 632.21′ TO THE POINT OF BEGINNING; SAID LAND LYING AND BEING IN THE SE1/4 OF THE NW 1/4 OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 5 EAST AND CONTAINING 5.34 ACRES, MORE OR LESS, AND LYING AND BEING IN ETOWAH COUNTY, ALABAMA.      DEFENDANTS.

 

NOTICE ISSUED TO THE FOLLOWING: The Estate of Ralph Davis Cushen , deceased, and The Estate of Irene Frances Watts, deceased and their heirs and devisees, and all other persons claiming any present, future, contingent, reversion, or other interest in the above described real property.

 

Please take notice that Eva McKelroy has filed an action in the Circuit Court of Etowah County, Alabama seeking to quiet title to the above described real property. The above named defendants, whose whereabouts are unknown, must answer said Complaint on or before Monday, August 12, 2019, or thereafter a judgment by default may be rendered against said Defendants in Etowah County Circuit Court Case Number: CV-2019-900490-SJS.

DONE this 18th day of June, 2019.

 

CASSANDRA “SAM” JOHNSON

CLERK OF COURT

 

Jonathan M. Welch

Attorney for Plaintiff

1925 Rainbow Drive

Gadsden, Alabama 35901

 

June 21, 28, July 5 & 12, 2019.

____________

NOTICE OF ADOPTION PROCEEDINGS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: A-1459

IN THE MATTER OF

The Adoption Petition of James Dylon Hilyer

TO: Natural Father, whereabouts unknown

Take Notice that a Petition for the Adoption of a child born to Kelsie Brooke Barksdale Hilyer (Natural Mother), has been filed by James Dylon Hilyer, set to be heard on the 20th day of August, 2019, at 2:00 o’clock p.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor child’s birth date is February 26, 2015.

Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with counsel for said Petitioner, whose name and address are as shown below and with the clerk of the said Probate Court.

Done this 19th day of June, 2019.

 

Scott W. Hassell

Judge of Probate

 

Name and address of Attorney:

SHANNON L. MILLICAN

Attorney for Petitioner

255 South 8th Street

Gadsden, AL 35901

(256) 543-7610

 

June 28, July 5, 12 & 19, 2019

__________

NOTICE OF ADOPTION PROCEEDINGS

 

Notice to: Jeffery Mitchell, II

whose address is unknown

 

You will take notice that a Petition for the Adoption of a child born to Amy Michelle Argo, natural mother, set to be heard on 20th day of August, 2019, at 10:00 o’clock a.m., was filed on the 11th day of June, 2019. The minor child’s date of birth is January 27, 2006.

 

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 Justin D. Hayes, 406 South 3rd Street, Gadsden, Alabama 35901, and with the Clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

 

June 28, July 5, 12 & 19, 2019

 

 

NOTICE OF ADOPTION PROCEEDINGS

 

Notice to: Whitney Meshea Nix Argo

whose address is unknown

 

You will take notice that a Petition for the Adoption of two minor children born to Whitney Meshea Nix Argo, natural mother, set to be heard on 20th day of August, 2019, at 10:30 o’clock a.m., was filed on the 11th day of June, 2019. The minor children’s date of birth is August 3, 2009 and December 22, 2012.

 

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 Justin D. Hayes, 406 South 3rd Street, Gadsden, Alabama 35901, and with the Clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

 

June 28, July 5, 12 & 19, 2019

___________

NOTICE OF PUBLICATION

 

CASE NO. CV-2018-900783

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

VANDERBILT MARTGAGE AD FINANCE, INC.

PLAINTIFF

V

JASON H. SMITH, et al.

DEFENDANTS

TO: Jason H. Smith whose whereabouts are unknown:

You are hereby notified that the above styled cause of action was filed against Jason H. Smith seeking equitable relief regarding the property located at 415 Hurst Circle, Altoona, Alabama 35952 (the “Property”) in Etowah County, Alabama.

 

The Complaint seeks: i) to reform the deed recorded on January 30, 2007 as Instrument Number 3263979 in the Office of the Judge of Probate of Etowah County, Alabama to include the correct legal description of the Property; ii) to reform the mortgage recorded on February 13, 2007 as Instrument Number 3264864 in the Office of the Judge of Probate of Etowah County, Alabama to incorporate the correct legal description of the Property; and iii) a declaration that Plaintiff maintains a valid secured interest in the Property.

 

You are hereby required to provide your answer to Plaintiff’s Complaint to the Circuit Clerk and a copy of the answer to Plaintiff’s attorney B. Andrew Monaghan, 2311 Highland Avenue South, Birmingham, AL 35205 (Tel: 205-930-5100) by August 19, 2019 or default judgment may be entered against you.

 

Cassandra Johnson

Circuit Clerk

 

June 28, July 5, 12 & 19, 2019

__________

LEGAL NOTICE

TO DEFENDANTS

BY PUBLICATION

 

IN THE PROBATE COURT OF

ETOWAH COUNTY, ALABAMA

CASE NO. S-10539

ALABAMA POWER COMPANY,

a corporation,

Plaintiff,

v.

UNKNOWN HEIRS OF BELUAH CROFT LAWRENCE, et al.,

Defendants

TO:

  1. Unknown Heirs of Beluah Croft Lawrence
  2. Ashley Boyd
  3. Hugh L. Hearns
  4. Unknown Heirs or Devisees of Cheryl A. Boyd
  5. Unknown Heirs or Devisees of Betty Jo Lawrence Bias
  6. Brenda K. Allen
  7. Dowanna Johnson
  8. Sandra Allen Rodney
  9. James Lawrence
  10. Hugh Lawrence
  11. Linda Lee Lawrence
  12. John Lawrence
  13. Unknown Heirs or Devisees of Mary Lawrence Allen
  14. Unknown Heirs or Devisees of Sarah Margaret Johnson
  15. Unknown Heirs or Devisees of Hugh Lawrence, Jr.
  16. Unknown Heirs of James Croft, Sr.
  17. Unknown Heirs or Devisees of James Croft, Jr.
  18. Janice Croft
  19. Donald Croft
  20. Paulette Croft
  21. Marie Croft
  22. Mark R. Croft
  23. Sandy Croft
  24. Elaine Croft
  25. Deverne Croft Morales
  26. Terry Croft
  27. Lori Croft
  28. Larry Croft, Jr.
  29. Brian Croft
  30. Bruce Croft
  31. Robert Clark, Jr.
  32. Dasin Clark
  33. Hester Douglas
  34. Earlene Stubbs
  35. Unknown Heirs or Devisees of Larry Croft, Sr.
  36. Unknown Heirs or Devisees of Dorothy Croft (a/k/a Dorothy Croft Clark)
  37. Unknown Heirs of Nettie Mae Croft Douglas
  38. Unknown Heirs or Devisees of Franklin D. Douglas
  39. Unknown Heirs or Devisees of Roy Douglas
  40. Unknown Heirs of Ruben Croft, Sr.
  41. Unknown Heirs or Devisees of Robert Croft
  42. Unknown Heirs or Devisees of Jenny Ree Croft
  43. Unknown Heirs or Devisees of Jerome Croft
  44. Owners Unknown of Parcel 1

 

You are hereby notified that Alabama Power Company, a corporation, has filed its written complaint in this Court seeking to condemn and to acquire the lands, rights, and interests therein described for ways and rights-of-way upon which to erect towers, poles, wire lines, and other appliances necessary and convenient in connection therewith for the manufacture, supply, and sale to the public of electric power on, across, under, over, and adjacent to strips of land according to the final location survey of the said ways and rights-of-way heretofore made by the plaintiff, and also right of ingress and egress, said strips of land and the lands of which the same are a part being situated in Etowah County, Alabama, and being described as follows:

 

Parcel 1

A strip of land, 100 feet in width, lying within the Southwest Quarter of the Northeast Quarter (SW ¼ of the NE ¼) of Section 03, Township 11 South, Range 7 East, Etowah County, Alabama, such strip being more particularly described as follows:

To reach the point of beginning of said strip, commence at the Northeast corner of the Southwest Quarter of the Northeast Quarter of Section 03, Township 11 South, Range 07 East, marked by a found 1” iron pipe; thence run S88º46’46”W, a distance of 354.11 feet along the northerly line of the Southwest Quarter of the Northeast Quarter of said Section 03 to a point; thence turn a deflection angle to the left of 115º16’50”, such point being the Point of Beginning of a survey line used to describe said strip of right-of-way herein described; therefrom, said strip is 100 feet in width and lies 50 feet either side of said survey line (Less and Except any portion of said strip which lies east of the of the easterly boundary line of Defendants’ property), and the continuations thereof, which begins at such point of beginning and runs S26º30’04”E, a distance of 834.04 feet to a point (a found 1/2 inch rebar with yellow cap stamped “B. Means” on the easterly line of the Southwest Quarter of the Northeast Quarter of said Section 03 lies 0.3 feet right (southwest) from such point); thence continue S26º30’04”E, a distance of 106 feet, more or less, to a point (the easterly line of the Southwest Quarter of the Northeast Quarter of said Section 03 lies 50 feet right (southwest) from such point), such point also being the point of ending of the strip of right-of-way herein described.

All bearings based on Alabama State Plane East Zone Grid North.

 

The hearing on said complaint has been set by this Court for the 18th day of September, 2019 at 10:30 a.m. You may respond by answer, but you are not required to do so unless you challenge the right to condemn or question or dispute the area to be acquired or to remain. Notice of said complaint and of the day so appointed for the hearing thereof is hereby given you.

Witness my hand this 12th day of June, 2019.

 

Scott W. Hassell

Judge of the Etowah County Probate Court

 

June 28, July 5, 12 & 19, 2019

 

 

____________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900424-SJS

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

PLAINTIFF

VS.

$1,430.00 U.S. Currency

DEFENDANT

In Re: Misty Lynn Richardson

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. you are hereby notified that you must answer said
Complaint by the 16th day of August, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 12th day of June, 2019.

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

June 21, 29, July 5 & 12, 2019

____________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900426-CDR

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

PLAINTIFF

VS.

$760.00 U.S. Currency

DEFENDANT

In Re: Krystal Patricia Knebel

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. you are hereby notified htat you must answer said
Complaint by the 16th day of August, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 12th day of June, 2019.

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

June 21, 29, July 5 & 12, 2019

__________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900425-GCD

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

PLAINTIFF

VS.

$2,423.00 U.S. Currency

Smith & Wesson DA .45Cal

Serial# 97498

DEFENDANT

In Re: Jeremy Shawn Hutt

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and property. you are hereby notified that you must answer said
Complaint by the 16th day of August, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 12th day of June, 2019.

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

June 21, 29, July 5 & 12, 2019

___________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900427-SJS

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

PLAINTIFF

VS.

$1,050.00 U.S. Currency

DEFENDANT

In Re: Donald Ray Harvey

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. you are hereby notified that you must answer said
Complaint by the 16th day of August, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 12th day of June, 2019.

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

June 21, 29, July 5 & 12, 2019

____________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-19-900428-WBO

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

PLAINTIFF

VS.

2002 CHEVROLET TAHOE

VIN# 1GNEC13Z72R212185

DEFENDANT

In Re: Christopher R. Gibbs

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. you are hereby notified that you must answer said
Complaint by the 16th day of August, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 12th day of June, 2019.

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

June 21, 29, July 5 & 12, 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 7/26/19.

 

2000 JEEP WRANGLER; VIN # 1J4FA59S7YP714407

 

Tommy Tow’s

3403 Forrest Avenue

Gadsden, AL 35904

(256) 490-3715

 

June 21 & 28, 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 7/26/19.

 

2002 CHEVROLET BLAZER; VIN # 1GNCT18W62K187973

2001 HONDA CR-V; VIN # JHLRD28481S002389

1998 CHEVROLET PRIZM; VIN # 1Y1SK5280WZ414849

2006 HYUNDAI TUCSON; VIN # KM8JN12D26U256939

2005 VOLVO XC90; VIN # YV1CZ852551198274

2000 PLYMOUTH GRAND VOYAGER; VIN # 2P4GP44G2YR507150

2012 JEEP COMPASS; VIN # 1C4NJCBA4CD677222

2010 MAZDA CX-9; VIN # JM3TB2MA0A0210564

1997 TOYOTA CAMRY; VIN # 4T1BG22K4VU174504

 

Thacker Towing

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

 

June 21 & 28, 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 7/26/19.

 

2005 CHEVROLET EQUINOX; VIN # 2CNDL13FX56170911

 

John Smith

2548 Hickory Street

Gadsden, AL 35904

(256) 390-7495

 

June 21 & 28, 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 7/26/19.

 

2009 HYUNDAI SONATA; VIN # 5NPEU46C49H561580

2009 DODGE CHARGER; VIN # 2B3LA53T59H575671

 

Charles Kelley

45 Briar Cliff Point

Rainbow City, AL 35906

(256) 393-0961

 

June 21 & 28, 2019

 

AUCTION NOTICE

 

Pursuant to the provisions of Alabama Abandoned Motor Vehicles Act: Section 32-13-4 Code of Alabama 1975, notice is hereby given to the owners, lienholders and other interested parties that the following described vehicles were taken into custody by Autow’s Towing to wit:

 

1996 GMC C1500; 1GTEC14WXTZ511684

 

Will be sold to the highest bidder for cash at 3574 SHADY GROVE ROAD, BOAZ, AL 35956 on 7/31/2019 at 10:00 am. The seller shall have the right to reject any and all bids if in the opinion of the seller, the bid is unreasonably low. Call Autow’s Towing at 256-490-7237 for more information. Vehicles will be available for viewing 1 hour prior to sale on the sale date.

 

June 28 & July 5, 2019