Legals for 1/03/2020 - 1/09/2020

January 2, 2020 chris
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________________

NOTICE OF 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 Perry Andrew Wain And Wife Britney Wain to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Village Capital & Investment, LLC, its successors and assigns dated December 22, 2015; said mortgage being recorded on January 13, 2016, as Instrument No. 3428618 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Village Capital & Investment, LLC to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Village Capital & Investment, 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 13th day of January, 2020 the following property, situated in Etowah County, Alabama, to-wit:

The land described herein is situated in the State of Alabama, County of Etowah, described as follows:

Parcel 1

For a point of beginning: Commence at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 33, Township 10 South, Range 5 East; thence run Southerly along the East Boundary line a distance of 660.18 feet to an engineering nail found in the centerline of Thornhill Road; thence deflect right 92 degrees 28 minutes 10 seconds and run Northwesterly along a fence line a distance of 303.88 feet to an iron pin found; thence deflect right 81 degrees 10 minutes 35 seconds and run Northwesterly, passing through an iron pin found at 7.50 feet, a distance of 213.43 feet to an iron pin found and the Point of Beginning; thence continue Northwesterly along previous course a distance of 184.28 feet to an iron pin set; thence deflect left 82 degrees 04 minutes 00 seconds and run Northwesterly a distance of 295.50 feet to an iron pin set; thence deflect left 93 degrees 31 minutes 31 seconds and run Southeasterly along a fence line a distance of 175.68 feet to an iron pin found; thence deflect left 85 degrees 08 minutes 59 seconds and run Southeasterly a distance of 310.21 feet to the point of beginning, said tract embracing a portion of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 33, Township 10 South, Range 5 East, of the Huntsville Meridian, Etowah County, Alabama.

Parcel 2

Also: A 15’ wide ingress and egress easement being more particularly described by the centerline as follows: Commencing at the Northeast corner of the lands described in Document #2008, page 3302270, Probate Office, Etowah County, Alabama; thence S89’ 09’ 42” E, along the extension of the North line of said Document, a distance of 7.57 feet to the point of beginning of said centerline; thence along said centerline with the following: S07’ 05’ 42” E, a distance of 183.28 feet; thence S08’ 59’ 12” E, a distance of 206.71 feet to the center of an existing 15’ wide ingress and egress easement; thence N89’ 50’ 13” E, along the center of said easement, a distance of 326.27 feet to the centerline of Thornhill Road (60’ right-of-way) and point of ending. Said easement being 7.5 feet on each side of the above described centerline A being a portion of the NE 1/4 of the NE 1/4 in Section 33, Township 10 South, Range 5 East, Etowah County, Alabama.

APN: 04-08-33-0-000-001.006

Said property is commonly known as 1211 Thornhill Rd, Boaz, AL 35956.

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.

VILLAGE CAPITAL & INVESTMENT, 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. 9222219

www.foreclosurehotline.net

December 20, 27, 2019 and January 3, 2020

________________

NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Jeremy B. Childress, an unmarried man, to Mortgage Electronic Registration Systems, Inc. (“MERS”) (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 25th day of April, 2013, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3384867; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated November 5, 2019 and recorded in said Probate Office as Instrument Number 3493293. The undersigned Alabama Housing Finance Authority, as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on February 6, 2020, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Lot 3, Peteet Estates, Phase I, as recorded in Plat Book “L”, Page 53, Probate Office, 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 sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-3008

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

December 27, 2019, January 3, 10, 2020

________________

FILE CLAIMS

Cedric Foster Williams was appointed Personal Representative on 11/26 /2019 Estate of Willis Williams 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

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Frederick Helm was appointed Personal Representative on 11/22/2019 Estate of Donna Lynn Helm 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

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Laura Sue Smothers Bessent was appointed Personal Representative on 12/05/2019 Estate of Delmer Wilkey 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

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Dorothy Collins, was appointed Personal Representative on 11/20/2019 Estate of Debra Stephenson Griffith 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

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Theresa Brown, was appointed Personal Representative on 12/16/2019 Estate of Dan Wells 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

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS

Belinda F. Young, was appointed Personal Representative on 12/02/2019 Estate Robert A. Freeman 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

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS

Eric Murphy, was appointed Personal Representative on 12/04/2019 Estate Harley Gene Mayo 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

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS

Robert William Horan, was appointed Personal Representative on 12/12/2019 Estate of Nancy Lou Horan 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

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS

Joan Elaine Stanley Martin, was appointed Personal Representative on 12/04/2019 Estate June Elizabeth Stanley 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

January 3, 10 and 17, 2020

________________

FILE CLAIMS

Michael Don Drittain and James Larry Brittain, was appointed Personal Representative on 12/04/2019 Estate Marie E. Brittain 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

January 3, 10 and 17, 2020

________________

FILE CLAIMS

Debra Ferguson, was appointed Personal Representative on 12/06/2019 Estate Renelda S. Loring 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

January 3, 10 and 17, 2020

________________

NOTICE OF CREDITORS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: The estate of Jane Trotter, Deceased

Case No: S-10760

Notice of Creditors

Take Notice that Letters of Administration having been granted to Lee S. Trotter, as Personal Representative of the Estate of Jane Trotter, deceased, on the 25th day of November 2019, by the Judge of Probate of Etowah County, Alabama.

Notice is Hereby Given that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

Jason Knowles

Knowles & Sullivan, LLC

Attorney’s for Petitioner

400 Broad Street

Gadsden, AL. 35901

256-547-7200

December 20, 27, 2019 and January 3, 2020

________________

LEGAL NOTICE

Victor R. Holmes or George W. Lowery, please contract Richard Rhea, Attorney At Law at 256-547-6801, regarding Frances H. Messer Life Insurance.

Richard Rhea

Attorney at Law

930 Forrest Ave

Gadsden, AL. 35901

(256-547-6801

January 3, 10, 17, 24 and 31, 2020

________________

NOTICE OF PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF GRADY ABERNATHY, JR

CASE NO: S-10725

TO: MICHAEL SHANE ABERNATHY, whereabouts unknown

You are notified to be and appear before me, at my office in the Courthouse of said County at 10:00 AM, on the 4th day of February 2020, when the Petition to Probate Will and for Granting Letters Testamentary filed by Grady Abernathy, III, will be considered, and show, if anything you have to allege, why said Petition should not be granted.

Scott W. Hassell

Judge of Probate

December 20, 27, 2019 and January 3, 2020

________________

NOTICE OF SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

Stevie Lee Preston, Plaintiff

VS.

Jason Michael Hofman, Defendant

Case No: CV-2019-900536

TO: Jason Michael Hofman

You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Civil Action Number CV-2019-900536-WBO.

You are hereby commanded and required to file with the Clerk of Court, and to serve upon the attorney for the Plaintiff, an answer to the Complaint within 30 days after the last publication of this notice, or default judgment will be entered against you.

Dated this the 6th day of December 2019.

Cassandra Johnson

Circuit Clerk

Jack Floyd, Esquire

Floyd Law Firm, LLC

Attorney for Petitioners

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

December 20, 27, 2019 and January 3, 2020

________________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Fred Dempsey Construction, has completed the Contract with the City of Gadsden for construction of The Venue – UPS System. All claims should be submitted to the Director of Engineering, City of Gadsden, 90 Broad Street, Gadsden, AL 35901.

Fred Dempsey Construction, Inc.

P.O. Box 768

Centre, AL 35960

December 13, 20, 27, 2019 and January 3, 2020

________________

NOTICE OF ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In the Matter of The Adoption Petition of:

Oliver Odell Sharard Crawley

Case No:

Please take notice that a Petition for the adoption of a child born to Haley Ann Cason Crawley, biological mother has been filed with the Probate Court of Etowah County, Alabama by Oliver Odell Sharard Crawley and that the hearing is set for the 25th day of February, 2020 at 10:00 AM. The minor child’s date of birth is February 11, 2013.

Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days if the date of the last publication herein within Stewart Burns, Attorney for the Petitioner, whose address is shown below, and Scott Hassell, Probate Judge, Etowah County Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this the 10th day of December 2019.

Stewart Burns

Attorney for Petitioner

821 Chestnut Street

Gadsden, AL. 35901

December 13, 20 27, 2019 and January 3, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.

1995 GMC Sierra – VIN: 2GTEC1 9K7S1521280

1993 Saturn SL1 – VIN: 1G8ZH5595PZ247244

Thacker Towing

927 5th Avenue NE

Attalla, AL. 35954

256-546-9994

December 27, 2019 and January 3, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.

2014 GMC Sierra – VIN: 3GTU2VEC1EG458919

Tommy Tow’s

927 5th Avenue NE

Attalla, AL. 35954

256-490-3515

December 27, 2019 and January 3, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.

2007 Ford Five Hundred – VIN: 1FAHP24197G111974

Hammett Towing

240 Wesson

Lake Rd

Attalla, AL. 35954

256-613-8499

December 27, 2019 and January 3, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 02/07/2020

2002 CHEVROLET TRAILBLAZER – VIN: 1GND T13S122154727

1998 FORD RANGER – VIN: 1FTYR10C3WTA41707

Twenty Four Seven Towing & Recovery

1207 Gault Ave S.

Ft. Payne. AL. 35967

256-630-2015

January 3 and 10, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 02/07/2020.

1992 BUICK ROADMASTER – VIN: 1G4BN5370NR436300

1995 OLDSMOBILE SILHOUETTE – VIN: 1GHDU06L 0ST310149

1999 FORD F-150 – VIN: 1FTRX18W6XNA88759

Thacker Towing

927 5th Avenue NE

Attalla, AL. 35954

256-546-9994

January 3 and 10, 2020