______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Ryan Scott O’Shields and Melissa Ann O’Shields, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 30th day of March, 2007, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3268155; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated October 16, 2014 and recorded in said Probate Office in Instrument Number 3408993. 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 May 8, 2015, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
Commence at a 1/2” capped rebar (LS# 21183) marking the SE corner of Lot 4, Block 4 of Keeling Subdivision Number Two, as recorded in Plat Book F, page 379, in the Probate Office of Etowah County, Alabama; thence N 63° 35’ 27” W 239.73 feet to a 1/2” capped rebar (LS# 21183), also being the point of beginning. Thence S 07° 49’ 11” W 223.23 feet to a 1.2” capped rebar (LS# 21183) on the northern R/W of Paden Road (50’ R/W); thence along said R/W N 70° 59’ 39” W 70.00 feet to a 1/2” capped rebar (LS# 21183); thence leaving said R/W N 07° 49’ 11” E 232.75 feet to a 3/8” rebar; thence S 63° 35’ 27” E 72.45 feet to the point of beginning, said property being a portion of the North Half (N 1/2) of the Southwest Quarter (SW 1/4), Section 24, Township 12 South, Range 6 East, Etowah County, Alabama.
This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
SASSER, SEFTON & BROWN, P.C.
Bowdy J. Brown, Esq.
445 Dexter Avenue, Suite 8050
Montgomery, Alabama 36104
Our File No.: 49696.1632
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
ASSIGNEE
Mar 27, Apr 3 & 10, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on October 16, 2009 by Vicki Martin, an unmarried woman, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for MortgageAmerica, Inc., and recorded in Instrument # at 3322213 on October 27, 2009, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument #, 3324119 and Instrument #, 3413581 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 April 21, 2015, 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:
For a point of beginning to describe the lands herein, start at the SE corner of the NE 1/4 of the SE 1/4, and from thence run in a westerly direction and along the south line of said forty a distance of 223 feet to a point in the westerly or northwesterly right of way line of the Anderson Crossing Road; thence deflect an angle of 106 degrees 00 minutes to the right and run in a northeasterly direction and along the northwesterly right of way line of said a distance of 556 feet to a point which said point is the point of beginning to described the lands herein; and from said point of beginning continue in a northeasterly direction and along the northwesterly right of way line of said road a distance of 115 feet to a point; thence deflect an angle of 99 degrees 30 minutes to the left and run in a northwesterly direction a distance of 210 feet to a point; thence deflect an angle of 80 degrees 30 minutes to the left and run in a southwesterly direction and parallel with the westerly line of said road a distance of 115 feet to a point; thence deflect an angle of 99 degrees 30 minutes to the left and run in a southeasterly direction a distance of 210 feet to the point of beginning; said description embracing a portion of the NE 1/4 of the SE 1/4 in Section 25, Township 11 South, Range 6 East of Huntsville Meridian, in Etowah County, Alabama.
For informational purposes only, the property address is: 1015 Anderson Rd, Gadsden, AL 35901. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.
JPMorgan Chase Bank, National Association, and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 14-006143
Attorneys for Mortgagee or Transferee
Mar 27, April 3 & 10, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on October 24, 2012 by Zachary L. Crews, a married man and wife, Courtney M. Crews, originally in favor of JPMorgan Chase Bank, N.A., and recorded in Instrument # at 3376296 on November 9, 2012, in the Office of the Judge of Probate of Etowah County, AlabamaJPMorgan Chase Bank, N.A.. 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 April 16, 2015, 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 11 of the Willow Wood Estates Subdivision and located in the NW 1/4 of the SW 1/4 of Section 12, Township 10 South, Range 4 East, as recorded in Plat Book “L” Page 97 in the Probate Office of Etowah County, Alabama.
For informational purposes only, the property address is: 79 Willow Wood Ln, Boaz, AL 35956. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.
JPMorgan Chase Bank, N.A., and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 14-006245
Attorneys for Mortgagee or Transferee
Mar 27, Apr 3 & 10, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 18, 2005, executed by Diane Bell, a single person, and Deunta Bell, a single person, to CitiFinancial Corporation, LLC, which mortgage was recorded on January 19, 2005, in Doc. No. M-2005-0284, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on May 12, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lots number nine (9), Ten (10), eleven (11) and twelve (12), in block number two (2), in T.R. Raley’s Second Addition to East Gadsden, according to the map thereof recorded in Plat Book D, Page 223, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama. Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set-back line or record.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
CitiFinancial Servicing, LLC, a Delaware limited liability company, successor by merger to CitiFinancial Corporation, LLC, a Delaware limited liability company
Mortgagee
Robert J. Wermuth/anp
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Apr 3, 10 & 17, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having being made in the payment of the indebtedness secured by that certain mortgage dated October 27, 2006 executed by Johnny Stone, a married man, and wife, Wendy Stone, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Goldstar Mortgage, Inc., said Mortgage being recorded October 31, 2006, in Instrument Number 3258472 in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Trustmark National Bank 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, Trustmark National Bank, 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 May 4, 2015, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit:
Beginning at the Southeast corner of Section Eight (8) and running in a Westerly direction South 88 degrees 0 minutes West a distance of 271.0 feet; thence turn an interior angle of 119 degrees 32 minutes running in a Northerly direction 354.6 feet to the beginning of the described lot; thence turning interior angle of 104 degrees 30 minutes running in a Westerly direction a distance of 209.0 feet to the West corner of said lot; thence turn an interior angle of 101 degrees 33 minutes running in a Northerly direction a distance of 207.6 feet; thence turn an interior angle of 77 degrees 53 minutes thence running in an Easterly direction a distance of 208.4 feet; thence turn an interior angle of 102 degrees 18 minutes thence running South a distance of 205.5 feet to the point of beginning, as to form an interior angle of 78 degrees 16 minutes, said lot being a portion of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4.)/Section Eight (8), Township Ten (10), Range Seven (7) East, all being in Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS-IS, WHERE-IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, 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.
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.
Trustmark National Bank
Paul K. Lavelle
Attorney for Mortgagee
Spina, & Lavelle, P.C.
One Perimeter Park South-Suite 400N
Birmingham, Alabama 35243
(205) 298-1800
Apr 3, 10 & 17, 2015
______________
MORTGAGE
FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joe-L Building, LLC to Alabama Teachers Credit Union on the 6th day of February, 2014, said mortgage being recorded at Instrument #3397712, Mortgage Records, in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 27th day of April, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:
Lot 12, Stone Haven Subdivision, Phase One, as shown in Plat Book “L”, Page 108, Probate Office, Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
Alabama Teachers Credit Union
BY:__/s/Dana L. Rice
Dana L. Rice, Its Attorney
Turnbach, Warren, Rice, Lloyd, Frederick
& Smith, P.C.
P. O. Box 129
Gadsden, Alabama 35902
(256) 543-3664
Apr 3, 10 & 17, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on February 22, 2006 by Tommy L. Hudson and Rita Joyce Hudson, husband and wife., originally in favor of AmSouth Bank, and recorded in Instrument # at M-2006-0726 on February 23, 2006, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, N.A. as reflected by instrument recorded in Instrument #, 3242981 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 April 29, 2015, 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 4 in Block 11 in Oak Park Addition, according to map recorded in Plat Book “B”, Pages 200 and 201, Probate Office, Etowah County, Alabama.
For informational purposes only, the property address is: 2206 Hill Ave, Gadsden, AL 35904. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.
JPMorgan Chase Bank, N.A., and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 15-006430
Attorneys for Mortgagee or Transferee
Apr 3, 10 & 17, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having being made in the payment of the indebtedness secured by that certain mortgage dated August 20, 2004, executed by Mattie Simon Lindsey, an unmarried woman, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for America’s Wholesale Lender, said Mortgage being recorded September 27, 2004, in Doc. #M-2004-4134 in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Green Tree Servicing LLC by instrument recorded in Instrument Number 3390327 in the Office of the Judge of Probate of Etowah County, Alabama. Said default continues and notice is hereby given that the undersigned, Green Tree 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 at the main entrance to the County Courthouse, Etowah County, Alabama on May 4, 2015, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit:
Parcel 1
Lot 3, Block 13, according to the Plat of Glenwood Addition in Etowah County, Alabama, as the same appears of record in the Office of the Judge of Probate of Etowah County, Alabama in Plat Book B, At Page 265
Parcel 2
Lot 4, Block 13 in the Glenwood Addition to Gadsden, Alabama, as shown by map as recorded in Plat Book “B”, Page 265, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama
THIS PROPERTY WILL BE SOLD ON AN “AS-IS, WHERE-IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, 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.
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.
Green Tree Servicing LLC
Paul K. Lavelle
Attorney for Mortgagee
Spina, & Lavelle, P.C.
One Perimeter Park South-Suite 400N
Birmingham, Alabama 35243
(205) 298-1800
Apr 3, 10 & 17, 2015
______________
MORTGAGE
FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mary Elizabeth Gore, a single woman, to Alabama Teachers Credit Union on the 16th day of August, 2006, said mortgage being recorded at Instrument #: 3253526, Mortgage Records, in the office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 27th day of April, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:
Lots Number One (1) and Two (2) in Block Four (4) of Kyle’s Cheap Home Addition, as recorded in Plat Book “B”, Page 189, Probate Office, Etowah County, Alabama; said property lying and being in Gadsden, Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
Alabama Teachers Credit Union
BY:__/s/Dana L. Rice
Dana L. Rice, Its Attorney
Turnbach, Warren, Rice, Lloyd, Frederick
& Smith, P.C.
P. O. Box 129
Gadsden, Alabama 35902
(256) 543-3664
Apr 3, 10 & 17, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by J. D. Trammell, Jr. and wife, Machell Trammell, originally in favor of First Lenders Mortgage Corporation, on the 28th day of October, 1998, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1998 Page 307; the undersigned U.S. Bank Trust National Association, not in its individual capacity but solely as Delaware trustee and U.S. Bank National Association, not in its individual capacity but solely as Co-Trustee for Government Loan Securitization Trust 2011-FV1, 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 June 15, 2015, 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:
Begin at the Northeast corner of Lot No. 54 of Block No. 1 in the J.E. Noojin, Jr. Subdivision of Lots 16 through 20, both inclusive, of Block No. 26 of Cloverdale Subdivision, as shown in Plat Book “C”, pages 46 and 47, as said J.E. Noojin Jr. Subdivision is illustrated by the map or plat thereof recorded in Plat Book “D”, page 125; thence run 63.00 feet in a Westerly direction to a point in the North line of said Lot No. 54, which point is the point of beginning of the parcel of land herein conveyed; from said point of beginning continue along the North line of said Lot No. 54 in a Westerly direction to a point which is 62.80 feet from the Northwest corner of said Lot 54; thence run South and parallel with the East line of Lots 54 and 55 of said subdivision to a point in the South line of said Lot No. 55; thence run in a Southeasterly direction and along the South line of said Lot No. 55 to a point 63.00 feet from the Southeast corner thereof; thence run in a Northerly direction to the point of beginning; said description embracing portions of Lot Numbers Fifty-Four (54) and Fifty-Five (55), in Block Number One (1), of the J.E. Noojin Jr. Subdivision as illustrated by the map or plat thereof recorded in Plat Book “D”, at page 125, Probate Office, Etowah County, Alabama, and lying and being in the City of Attalla, Etowah County, Alabama.
Property street address for informational purposes: 513 Noojin Ave, Attalla, AL 35954
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation.
U.S. Bank Trust National Association, not in its individual capacity but solely as Delaware trustee and U.S. Bank National Association, not in its individual capacity but solely as Co-Trustee for Government Loan Securitization Trust 2011-FV1, Mortgagee/Transferee
Ginny Rutledge
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
357864
Apr 10, 10 & 24, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 12, 2008, executed by Meisa Swain Jackson and husband, Roderick Jackson, to CitiFinancial Corporation, LLC, which mortgage was recorded on July 15, 2008, in Instrument No. 3297795, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on May 12, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lots number six (6) and seven (7) in Block number eleven (11), according to the re-arrangement of Blocks number 11, 12, 13 and 14 in Goodyear Highlands as shown by a map of said re-arrangement recorded in Book of Town Plats C, Page 293, Probate Office, and lying and being in Gadsden, Etowah County, Alabama. Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set back lines of record.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
CitiFinancial Servicing LLC, a Delaware limited liability company, successor by merger to CitiFinancial Corporation, LLC, a Delaware limited liability company
Mortgagee
Robert J. Wermuth/anp
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Apr 10, 17 & 24, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated February 29, 2008, executed by Charlotte Rose Brown and Jerry Phillip Brown, wife and husband, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Compass Bank, which mortgage was recorded on March 13, 2008, in Instrument No. 3290239, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on May 12, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:
Commencing at the purported NW corner of the SW ¼ of the NE ¼ of Section 22, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama; Thence South 04 degrees 40 minutes East 989.45 feet to a P-K Nail found in the pavement of Charie Gillilan Road; Thence North 89 degrees 45 minutes 51 seconds East 24.00 feet to a point on the Easterly right of way of said road; Thence North 89 degrees 55 minutes 52 seconds East 185.84 feet to an 1/2 inch rebar found; Thence North 89 degrees 54 minutes 02 seconds East 77.98 feet to a point; Thence North 89 degrees 54 minutes 32 seconds East 130.00 feet to a point; Thence North 89 degrees 54 minutes 32 seconds East 130.00 feet to the True Point of Beginning for the property herein described; Thence from the True Point of Beginning, North 89 degrees 54 minutes 32 seconds East 141.00 feet to a point; Thence South 20 degrees 57 minutes 54 seconds West 105.80 feet to the NW corned of a portion of that certain property registered in the name of Danny Haygood in Deed Book 1996, Page 2313 in the Probate Office of Etowah County, Alabama; Thence South 20 degrees 59 minutes 00 seconds West 363.03 feet along the Westerly boundary of said Haygood property to a point on the Northerly right of way of Cox gap Road; Thence South 20 degrees 59 minutes 00 seconds West 30.00 feet along the Westerly boundary of said Haygood property to a point in the centerline of said Cox Gap Road; Thence along said centerline, North 65 degrees 52 minutes 44 seconds West 140.00 feet to a point; Thence leaving said centerline, North 22 degrees 02 minutes 53 seconds East 30.00 feet to a point on the Northerly right of way of said Cox Gap Road; Thence North 22 degrees 02 minutes 53 seconds East 410.54 feet to the True Point of Beginning for the property herein described; Said lands lying and being in Etowah County, Alabama. SUBJECT TO a road right of way for Cox Gap Road along the Southerly boundary thereof and further, SUBJECT TO all existing easements and right of way.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
Green Tree Servicing LLC
Transferee
Robert J. Wermuth/rgm
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Apr 10, 17 & 24, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on May 26, 2011 by Kimberly Dawn Ezell and husband, Donald R. Ezell, Jr., originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Research Center, LLC dba VAmortgagecenter.com, and recorded in Instrument # at 3350250 on May 27, 2011, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument #, 3407191 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 May 5, 2015, 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 Ten (10) in Rollingwood Unit II, according to the map or plat thereof recorded in Plat Book “K”, Page 52, Probate Office, Etowah County, Alabama.
For informational purposes only, the property address is: 2865 Plymouth Rock Trl South, Southside, AL 35907. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below. Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.
Wells Fargo Bank, NA, and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 15-006873
Attorneys for Mortgagee or Transferee
Apr 10, 17 & 24, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Derick T. Powell and Tori L. Powell, a married couple, to CitiFinancial Mortgage Company, Inc., on December 18, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. #, M-2003-0084; and subsequently transferred to US Bank National Association as Trustee for CFMSI REMIC 2003-02-REMIC Pass-Through Certificates Series 2003-02; CitiMortgage, Inc., servicing agent for US Bank National Association as Trustee for CFMSI REMIC 2003-02-REMIC Pass-Through Certificates Series 2003-02, 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 May 5, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
LOT NUMBER EIGHTY-SIX (86), WEST VIEW ADDITION, AS RECORDED IN PLAT BOOK “A”, PAGE 1, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, 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.
CitiMortgage, Inc.
Transferee
Jauregui & Lindsey, LLC
2110 Devereux Circle
Birmingham, AL 35243
205-988-8888
Apr 10, 17 & 24, 2015
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 28, 2008, executed by Nathan Eric Gargus, an unmarried man, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, which mortgage was recorded on April 29, 2008, in Instrument No. 3293265, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on June 16, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:
That certain tract or parcel of land described as beginning at a point on the North boundary line of the Southwest Quarter of the Northwest Quarter of Section Twenty-two, Township Twelve South, of Range Five East of Huntsville Meridian said point being seven hundred thirty and seven-tenths feet East from the Northwest Corner of said forty; Thence in a Southerly direction and parallel with the East line of said forty a distance of two hundred fourteen feet, more or less, to the center of the public road as said road is now located; Thence in an Easterly direction along the center line of said public road a distance of ninety eight (98) feet to a point; Thence in a Northerly direction and parallel with the East line of said forty a distance of two hundred fourteen feet, more or less, to a point on the North line of said forty; Thence in a Westerly direction along the North line of said forty to the point of the beginning; Being a portion of said forty, and being and lying in Etowah County, Alabama, and subject, however to all existing easements for public roads, public utilities, gas pipe lines and electrical power transmission lines.
ALSO:
To describe a lot or parcel of land commence at the NW corner of the SW Quarter NW Quarter, Section 22, Township 12 South, Range 5 East, Thence run South and along the West line of said forty a distance of 199.87 feet to a point; Thence deflect 88 degrees 46 minutes 30 seconds to the left and run a distance of 705.84 feet to a point, said point lying on the center line of a public road (Wilcox Street) and being the Point of Beginning of the lands herein described; Thence continue to run in a straight and direct line along the previously described course and along the centerline of said public road for a distance of 25 feet to a point; Thence deflect left and run a distance of 214.22 feet North to a point in the North Line of the Aforesaid Quarter-Quarter Section, which said point is 730.7 East from the Northwest Corner of said Quarter-Quarter Section; Thence deflect left and run West along the North line of said Quarter-Quarter Section a distance of 25 feet to a point, Thence deflect left and run South a distance of 214.22 feet parallel to the West line of said Quarter-Quarter Section to the Point of Beginning, said lands lying in and being a portion of the SW Quarter of the NW Quarter Section 22, Township 12 South, Range 5 East, in Etowah County, Alabama. Save and except any right of way for the existing public road (Wilcox Street) along the South side of said property.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
CitiMortgage, Inc.
Transferee
Robert J. Wermuth/anp
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Apr 10, 17 & 24, 2015
______________
MORTGAGE
FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
Default having been made in the indebtedness secured by that certain mortgage executed by Charles V Canady And Jennifer Weninegar Canady to Mortgage Electronic Registration Systems, Inc. solely as nominee for Branch Banking and Trust Company dated March 26, 2003; said mortgage being recorded in Instrument No. M-2003-1419, Etowah County, Al, as modified by that certain Modification Agreement in Instrument No. 3335814, Etowah County, AL in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Branch Banking and Trust Company Instrument 3379401 in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, Branch Banking and Trust 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, on the 12th day of March, 2015 the following property, situated in Etowah County, Alabama, to-wit:
Lot Eight (8) Block Two (2), Richardson Addition, according to the map or plat thereof, as recorded in Plat Book “A”, Page 165, Probate Office, Etowah County, Alabama.
Said property is commonly known as 545 Haralson Avenue, Gadsden, AL 35901.
The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.
Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Charles V Canady and Jennifer Weninegar Canady or tenant(s).
BRANCH BANKING AND TRUST COMPANY
as holder of said mortgage
Sady D. Mauldin, Esq.
McCalla Raymer, LLC
Two North Twentieth
2 20th Street North, Suite 1310
Birmingham, AL 35203
(800) 275-7171
File No. 952414
www.foreclosurehotline.net
AMENDMENT TO NOTICE OF MORTGAGE FORECLOSURE SALE The sale date under the above mentioned Notice of Mortgage Foreclosure Sale has been postponed until May 7, 2015, and public notice thereof having been given, the above notice is hereby republished with this amendment.
AMENDMENT TO NOTICE OF MORTGAGE FORECLOSURE SALE
The sale date under the above mentioned Notice of Mortgage Foreclosure Sale has been postponed until May 7, 2015, and public notice thereof having been given, the above notice is hereby republished with this amendment.
Apr 10, 2015
______________NOTICE TO
FILE CLAIMS
CRAIG D. DUKE appointed Personal Representative (s) on March 13, 2015 Estate of LINDA T. EADS 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
CAROL DIAL CALLIS appointed Personal Representative (s) on February 27, 2015 Estate of LILLIAN LUVERN ROOKS CALLIS 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
MELINDA FORD WILLIAMS appointed Personal Representative (s) on March 11, 2015 Estate of STEVEN BRENT FORD 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
RICK LEE appointed Personal Representative (s) on March 13, 2015 Estate of BOBBIE JEAN LEE deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Bobby M. Junkins
Judge of Probate
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
BEVERLY T. KEMP appointed Personal Representative (s) on February 6, 2015 Estate of CECIL WAYNE SAULS 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
HOLLY MARIN appointed Personal Representative (s) on March 18, 2015 Estate of PAUL MARIN 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
JANICE CAROLYN LUALLEN appointed Personal Representative (s) on March 11, 2015 Estate of JOSHUA WADE LUALLEN 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
PAMELA THOMAS LOVE appointed Personal Representative (s) on March 6, 2015 Estate of TANDY LEON THOMAS 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
KATHI W. PIERCE RHODES appointed Personal Representative (s) on March 16, 2015 Estate of THEA B. WOODLIFF 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
JUDSON M. MEANS appointed Personal Representative (s) on March 16, 2015 Estate of CHARLES L. JOHNSON 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
BARBARA SUMMERLIN appointed Personal Representative (s) on March 10, 2015 Estate of GENEVA MCINNISH 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
Mar 27, Apr 3 & 10, 2015
______________
NOTICE TO
FILE CLAIMS
RODNEY WARD appointed Personal Representative (s) on March 10, 2015 Estate of CHARLES E. BAKER, SR. deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Bobby M. Junkins
Judge of Probate
Apr 3, 10 & 17, 2015
______________
NOTICE TO
FILE CLAIMS
JACQUELINE SUE SKELTON and JENNY OSBORN KIRBY appointed Co- Personal Representative (s) on March 16, 2015 Estate of VIRGINIA B. OSBORN 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
Apr 3, 10 & 17, 2015
______________
NOTICE TO
FILE CLAIMS
HAROLD DEAN HARGROVE, SR. appointed Personal Representative (s) on March 23, 2015 Estate of JULIA MAE HARGROVE 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
Apr 3, 10 & 17, 2015
______________
NOTICE TO
FILE CLAIMS
MARTHA ANN BURGER appointed Personal Representative (s) on March 16, 2015 Estate of WANDA JUNE MOORE 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
Apr 3, 10 & 17, 2015
______________
NOTICE TO
FILE CLAIMS
EMILY ANN ROUNDY appointed Personal Representative (s) on March 19 2015 Estate of JERRY STEVEN THOMPSON 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
Apr 3, 10 & 17, 2015
______________
NOTICE TO
FILE CLAIMS
CHRISTOPHER R. BAILEY appointed Personal Representative (s) on March 23, 2015 Estate of CLYDE STEPHEN COOK, 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
Apr 10, 17 & 24, 2015
______________
NOTICE TO
FILE CLAIMS
ALAN BRENT JONES & MARK JONES appointed Personal Representative (s) on March 26, 2015 Estate of DORIS P. JONES, 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
Apr 10, 17 & 24, 2015
______________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to RODERICK R. LOYD, and WACHOVIA, and MERS, 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, APRIL 21ST, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 209 MARY STREET in District 2 in the City of Gadsden, more particularly described as:
Lot Number Four (4), in Block Number Two (2) of the I.M. Crum Addition to East Gadsden, as recorded in Plat Book “A”, Page 293, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
is a nuisance in violation of the Gadsden City Code and whether it should be abated. You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.
Brian Harbison
BUILDING OFFICIAL
City of Gadsden
P.O. Box 267
Gadsden, AL 35902
(256) 549-4529
Apr 10, 2015
______________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL 36132 and RONNIE POLLARD, 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, APRIL 21ST, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1010 SLUSSER AVENUE in District 2 in the City of Gadsden, more particularly described as:
Lot Number Twenty (20) in Block Number Thirty-Three (33) of Garden City Residential Subdivision No. One, as the same appears of record in Plat Book “C”, Pages 408 and 409, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
is a nuisance in violation of the Gadsden City Code and whether it should be abated. You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.
Brian Harbison
BUILDING OFFICIAL
City of Gadsden
P.O. Box 267
Gadsden, AL 35902
(256) 549-4529
Apr 10, 2015
______________
NOTICE OF
PUBLIC
HEARING
Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, and LARRY RANDOLH LAY, 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, APRIL 21ST, at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1015 AVENUE H in District 3 in the City of Gadsden, more particularly described as:
Lot Twelve (12), in Block Nine (9) of Liddell Addition, as recorded in Plat Book “A”, Page 216 in the Etowah County Probate Office. Deed recorded in Book 1652, Page 115, Etowah County, Alabama.
is a nuisance in violation of the Gadsden City Code and whether it should be abated. You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.
Brian Harbison
BUILDING OFFICIAL
City of Gadsden
P.O. Box 267
Gadsden, AL 35902
(256) 549-4529
Apr 10, 2015
______________
RESOLUTION NO. R-82-15
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
421 N. 9th STREET in District 3 in the City of Gadsden, more particularly described as:
Lot One (1) Block Two (2) in the Elliott Addition to Gadsden as recorded in the Judge of Probate Office Plat Book “B”, Page 23, 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 Floyd L. Donald;
Now, Therefore, be it resolved by the City Council of Gadsden as follows:
1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.
Adopted by the City Council of Gadsden on March 24, 2015.
Iva Nelson, City Clerk
Apr 10, 2015
______________
RESOLUTION NO. R-94-15
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1008 AVENUE G, in District 3 in the City of Gadsden, more particularly described as:
Lot Number Five (5), Block Number Nine (9) in the Liddell Addition, according to the map or plat thereof as same appears of record in Plat Book “A”, Page 216, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements thereon.
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. BOX 327210, Montgomery, Stanley I. Jackson, Henrietta P. Jackson, First Franklin Financial and Wells Fargo;
Now, Therefore, be it resolved by the City Council of Gadsden as follows:
1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.
Adopted by the City Council of Gadsden on March 31, 2015.
Iva Nelson, City Clerk
Apr 10, 2015
______________
LEGAL NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO. A-885
IN THE MATTER OF ADOPTION PETITION OF: A. S. and L. S.
NOTICE TO: UNKNOWN FATHER, ADDRESS UNKNOWN
You will take notice that a Petition for Adoption of a child born by J. Johnston, (Natural Mother), was filed on the 23rd day of March, 2015, alleging that the whereabouts and identity of the natural father are unknown and/or that the natural father to the aforesaid minor child is that of a putative father. Minor Child’s birth date is 02/23/15.
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 Robert T. Noone, w hose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, 800 Forrest Avenue, Gadsden, AL 35901.
Done this 23rd day of March, 2015.
Bobby M. Junkins
Judge of Probate
Robert T. Noone, Esq.
P.O. Box 2425
Gadsden, AL 35902
256-689-0565
April 3, 10, 17 & 24, 2015
______________
LEGAL NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
A-883
IN THE MATTER OF
The Adoption Petition of: PAUL AND TAMMY JOHNSON
NOTICE TO ALL UNKNOWN FATHERS WHOSE WHEREABOUTS ARE UNKNOWN:
You will take notice that the Adoption Petition of Paul Kent Johnson and wife, Tammy Nanette Johnson, set to be heard on the 7th day of May, 2015, at 10:00 a.m., was filed on the 23rd day of March, 2015. Minor child’s birth date is September 22, 2014 who was born to Kristi Dyan Johnson.
Please be advised that should you intend this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Krystal G. Padula, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, AL 35901.
DONE this the 23rd day of March, 2015.
Bobby M. Junkins
Judge of Probate
Apr 3, 10, 17 & 24, 2015
______________
LEGAL NOTICE
Notice is hereby given that Marshall-Dekalb Electric Cooperative, an Alabama nonprofit, voluntary membership corporation, incorporated pursuant to the provisions currently found in ALA. CODE § 37-6-1 et seq (1975) (the “Cooperative”), has filed its petition with the Department of Finance of the State of Alabama for consent to execute and deliver a Financing Agreement and all related documents, in the total principal amount of Two Million One Hundred Thousand Dollars ($2,100,000.00) for the purpose of financing an Advanced Metering Infrastructure for the Cooperative’s benefit.
This petition has been set for a hearing on the 14th day of May, 2015 at 3:00 p.m., in Suite E-317 of the State Capitol, Montgomery, Alabama. All persons who are interested may appear and support or contest the petition.
Done at Montgomery, Alabama, this 8th day of April, 2015.
Bill Newton
Acting Director of Finance
State of Alabama
Apr 10, 2015
______________
NOTICE OF
JUVENILE
ACTION
Michael Shane Buckhanan, whose whereabouts are unknown, must answer the Petition of Amanda Keenum and Christopher Keenum by answering a Petition to Terminate Parental Rights and other relief by June 1, 2015, or thereafter a judgment by default may be rendered against him in Civil Action No.: JU-10-321.02, Juvenile Court of Etowah County, Alabama.
Dated April 3, 2015.
Cassandra Johnson
District Clerk
Apr 10, 17, 24 & May 1, 2015
______________
NOTICE OF CONDEMNATION
FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CASE NO: CV-2015-900117
STATE OF ALABAMA, ex rel
JIMMIE HARP, DISTRICT ATTORNEY,
Plaintiff
VS.
Forty-One Thousand One Hundred Thirteen & NO/100 DOLLARS ($41,113.00) U.S. CURRENCY
Defendants.
In Re:
The following people may have an interest in a portion of the Forty-One Thousand One Hundred Thirteen & NO/100 DOLLARS ($41,113.00) made the subject of this complaint: Jeremy Lawayne Luker, Marcus Malone, Jamichal Hawkins, Houston Wade Simmons, Lashawn Montgomery, Christopher D. Hope, Jamail T. Townsend, Earnest L. Harvey, Malcon Whiteside, Yassen Saleh Muflahi, Robert B. Smith, Robert D. Terry, Antonio J. Fleming, Corey D. Gilley, Cheri D. Leath, Jacques D. Woods, Rodney J. Dempsey, Chance M. Thomas, Corion Moore, David S. Stephenson, Antonio D. Williams, Lacey N. Brown, Joseph D. Pritchett, Vijay D. Pardasani, Teko Houndjadan, Harry Smith, Jason C. Orr, Travis Spears, Joshua C. Underwood, Antonio D. Williams, Dominique D. Harden, llmad Yarbrough, Clifford R. Alexander, Jr., Lorraine Wade, Roderick A. White, Jr., Michael J. Edwards, Clifford T. Mathis, Jami Jhane Brown, Devonte M. Williams, Michael A. Taylor, Tyler Hamrick, Juancea Hunter, Fernando Marbury, David Clark, Andre Batts, Kendra Davis, Deshun Carlisle, James Richards, Thomas Greene, Eureka Campbell, Trena Deerman, Andres Morgan, Timothy Dawson, S.Q. McKenney, Marcus Freeman, Whitney Cornelius, Jeffrey Ingram, Kathy Ingram, Dennis Brown, Joseph Scott Huie, Brandy Justice, Shane Williams, Joshua Green, Reginald Usher, Brianna Scull, Corey Green, T. Griffin, Richardson A. Taylor, April Brasher, Ericson Snow, Dillian Entrekin, Denez Ansley.
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED DOLLAR AMOUNT.
WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described monies. You are hereby notified that you must answer said Complaint by the 11th day of May, 2015. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said dollar amount.
DONE this the 17th day of March, 2015.
Cassandra Johnson
Circuit Clerk
Mar 20, 27, Apr 3 & 10, 2015
______________
NOTICE OF
ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CASE NO: DR-15-900068
LUCAS WESLEY KOPEC,
PLAINTIFF
VS.
SUSAN CAROL KOPEC,
DEFENDANT.
The following defendant in the case styled Lucas Wesley Kopec, Plaintiff, vs. Susan Carol Kopec, Defendant, Case Number DR-15-900068, Circuit Court of Etowah County, Alabama, must answer a Complaint for Annulment by 30 days after the last publication. For she who fails to answer, a judgment for Annulment by default may be rendered against you.
DATED, this the 13th day of March, 2015.
Cassandra Johnson
Circuit Clerk
Mar 20, 27, April 3 & 10, 2015
______________
NOTICE OF
DIVORCE
ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
SKLAR BURCH WILLIAMS, whose whereabouts are unknown, must answer the complaint of COURTNEY BROOKE WILLIAMS, seeking a divorce and other relief by April 27, 2015, or thereafter a judgment by default may be rendered against him in Civil Action No.: DR-15-78 Circuit Court of Etowah County, Alabama.
Dated the 23rd day of March, 2015.
Cassandra Johnson
Circuit Clerk
Mar 27, Apr 3, 10 & 17, 2015
______________
NOTICE OF
COMPLAINT
Jeremy Cedone Sisk, whose whereabouts is unknown or has avoided service, must answer Vincent Mayben’s Complaint on or before May 24, 2015 or, thereafter, a judgment by default may be rendered against him in Case CV-2001-900686 in the Circuit Court of Etowah County, Alabama.
DONE on this the 27th day of March, 2015
Cassandra Johnson
Clerk of the Circuit Court of Etowah County, Alabama
Apr 3, 10, 17 & 24, 2015
______________
NOTICE OF
SERVICE
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: CV-2015-900287
GAYLON PIERCE,
PLAINTIFF,
Vs.
JOHN H. FAIRHURST, and Fictitious Defendants A, B, C and D, being those entities claiming an interest in that certain real property described below; Begin at the SE corner of Lot 28 of Edwards Tract #2 as recorded in Plat Book “I”, page 8 Probate Office, Etowah County, Alabama and run North along the East line of said Lot 27 a distance of 100 feet; thence deflect 89° 45’ right and run a distance of 100 feet; thence deflect 89° 45’ right and run a distance of 172.45 feet, Thence deflect 77°13’ right and run South Easterly along the Southwesterly right of way of said public road a distance of 102.59 feet; thence deflect 102°47’ right and run a distance of 195.45 feet to the point of beginning; said parcel of land being a portion of the NW ¼ of the NW 1/4 , Section 8, Twp 12 S, R 6 E, lying and being in Southside, Etowah County, Alabama, containing 0.43 acres more or less
DEFENDANTS.
JOHN H. FAIRHURST, whose whereabouts are unknown, his heirs and any other person claiming an interest in the above described property, must answer the Complaint filed by Gaylon Pierce, asking to quite title in the property described above and for other relief by June 1, 2015, or thereafter a judgment by default may be rendered against them in the above styled cause.
Done this 8th day of April, 2015.
Cassandra Johnson
Circuit Clerk
David C. Livingston
Attorney for Plaintiff
P. O. Box 1621
Gadsden, AL 35902
Apr 10, 17, 24 & May 1, 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
1997 GMC Jimmy VIN# 1GKDT13 W9V255 7438
Kathy Vaughn
1012 Tomahawk Trail
Gadsden, AL 35903
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
2002 Jeep Liberty VIN# 1J4G148K 42W106531
Armando Hernandez
269 Drum Circle
Albertville, AL 35951
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on May 10, 2015 for charges due.
2004 Assem Gambler VIN# AL04AV001 00023364
2003 HD FXD VIN# 1HD1GHV 123K30 9301
Don’s Motor Sports
1624 Hood Rd
Southside, AL 35907
Apr 3 & 10, 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
2005 Toyota Tundra VIN# 5TBGN32 10354 31462
Reggie Roberts
5200 E Meighan Blvd
Glencoe, AL 35905
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
1997 GMC Jimmy VIN# 1GKDT13 W9V255 7438
B & B Auto Repair
612 3rd St SW
Attalla, AL 35954
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
2006 Chevy Impala LTZ VIN# 2G1WU5 81169 318581
Tommy Borden, Jr.
502 Hope Street
Gadsden, AL 35903
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
1990 Ford Fiesta VIN# KNJPT06 HOM6111005
Debra Brooks
3718 Meighan Blvd
Gadsden, AL 35903
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on May 11, 2015 for charges due.
1991 Nissan Pickup VIN# 1N6SD11 S6PC3 99568
Chad Clark
218 Air Depot Rd
Gadsden, AL 35903
Apr 3 & 10 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described vehicle (s) on May 18, 2015 for charges due.
2012 Ford Focus VIN# 1FAHP3 F25CL4 07782
2005 Jaguar S-Type VIN# SAJWA 01T15FN 22724
Tri City Auto Auction
2930 Wills Creek Road
Gadsden, AL 35904
Apr 10 & 17, 2015
______________
NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described vehicle (s) on May 18, 2015 for charges due.
2001 Chev Silverado VIN# 1GCEC14W 71Z319264
2005 Ford Crown VIC VIN# 2FAFP73 W45X126455
1998 Merc Sable VIN# 1MEFM50 U4WA64 7548
Clubview Services
1900 Rainbow Drive
Gadsden, AL 35901
Apr 10 & 17, 2015
______________
STATE OF
ALABAMA
COUNTY OF ETOWAH
NOTICE is hereby given that a bill substantially as follows will be introduced in the 2015 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:
A BILL TO BE ENTITLED AN ACT
Relating to the City of Attalla in Etowah County; to provide that the mayor of the City of Attalla shall be a full-time position with health and retirement benefits but no increase in salary.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. In the City of Attalla, effective the next term of office, the mayor of the City of Attalla shall be a full-time position with health and retirement benefits.
Section 2. The provisions of this act are severable.
If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
Section 3. All laws or parts of laws which conflict with this act are repealed.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Apr 10, 17, 24 & May 1, 2015
______________
STATE OF
ALABAMA
COUNTY OF ETOWAH
NOTICE is hereby given that a bill substantially as follows will be introduced in the 2015 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:
Relating to Etowah County; to provide for a personnel board for employees of office of the sheriff; to provide for the compensation and terms of the members of the board; to authorize the board to promulgate rules providing for the appointment, qualification, tenure, salaries, promotions, and dismissals of the employees of the office; to provide for the duties and functions of the board; to provide for a disciplinary hearing and appeal process for both employees and the sheriff; to provide a procedure for accepting and filing applications for employment within the office; to provide for the appointment of applicants to such positions; to provide for a procedure for hearing complaints; to grant subpoena powers to the board; to provide that all meetings of the board shall be open to the public; to provide for an appeal to the circuit court for adverse decisions of the board; to provide that the operations of the board shall be financed by the county commission; to repeal conflicting laws.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only in Etowah County.
Section 2. As used in this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings:
(1) APPOINTING AUTHORITY. The sheriff, or any designee of the sheriff who is exempt pursuant to Section 3, vested with powers to appoint employees as provided by this act.
(2) BOARD. The Personnel Board of the Office of the Sheriff of Etowah County created by this act.
(3) CLASSIFIED SERVICE. All custodial, administrative, and clerical employees of the Office of the Sheriff of Etowah County not specifically exempted as command staff in subsection (b) of Section 3.
(4) EMPLOYEE. Any person not exempt pursuant to Section 3 who is employed in the service of the Office of the Sheriff of Etowah County.
Section 3. (a) This act shall apply to all employees of the office of the sheriff.
(b) The following persons shall be exempt to the rules promulgated by the board.
(1) The chief deputy.
(2) The chief of detention.
(3) The chief of administration.
(4) The chief of investigation.
(5) The director of communications.
(6) The food service manager.
(c) The persons specified in subsection (b) shall be appointed by the sheriff and serve at the pleasure of the sheriff. The salary of the employees specified in subsection (b) shall be established by the sheriff and paid from the county treasury. In the event any exempt employee enumerated in subsection (b) is dismissed from his or her position by the sheriff, the exempt employee shall return to the classified service at the last classification held.
Section 4. All classified employees covered under this act shall be governed by the rules promulgated by the board. Present employees shall remain in their respective employments.
Section 5. (a) There is hereby created the Personnel Board of the Office of the Sheriff of Etowah County which shall be composed of five members. One member shall be appointed by the sheriff and one member shall be appointed by each of the four members of the legislative delegation representing Etowah County.
(b) The initial appointments shall be as follows:
(1) The member appointed by the Sheriff of Etowah County shall serve an initial term of four years and shall serve as chair of the board.
(2) The member appointed by the State Senator representing Senate District 10 shall serve an initial term of four years.
(3) The member appointed by the House of Representatives member representing House District 28 shall serve an initial term of three years.
(4) The member appointed by the House of Representatives member representing House District 29 shall serve an initial term of two years.
(5) The member appointed by the House of Representatives member representing House District 30 shall serve an initial term of one year.
(c) After completion of the initial term, all appointees shall serve terms of four years.
(d) Each member of the board shall be a qualified elector of the county. No person shall be appointed to the board who holds any salaried public office or employment with the county, nor shall any member of the board be eligible for appointment to any salaried office or employment in the service of the county or any county elective office or board for a period of one year after he or she has ceased to be a member of the personnel board. Any member of the board who is a candidate for, or is elected or appointed to another public office, shall not be eligible to serve as a member of the board.
(e) Members of the board shall take the constitutional oath of office, which shall be filed in the office of the probate judge. Vacancies on the board shall be filled in the same manner as original appointments.
Section 6. (a) The personnel director shall be appointed by the county commission. The personnel director shall attend all meetings of the board, serve as the recording secretary of the board, provide clerical assistance to the board, and administer all provisions of this act and the rules established hereunder that are not specifically reserved to the board. The personnel director and the personnel department shall facilitate the administration of compensation and benefits to the employees of the office of the sheriff in the same manner as those benefits are administered to the employees of the county.
(b) In any matter requiring the services of an attorney, the board may call upon the county attorney to render such legal service to the board as it may deem necessary or advisable.
(c) For regular meetings of the board or special hearings or meetings of the board relating to a pending disciplinary action, each member shall receive sixty dollars ($60) per day, not to exceed one hundred eighty dollars ($180) per month paid from the county treasury, plus such mileage as is provided by law to the county commission. For regular meetings of the board or special hearings or meetings of the board relating to a pending disciplinary action, the chair shall receive seventy-five ($75) per day, not to exceed two hundred twenty-five dollars ($225) per month, paid from the county treasury, plus such mileage as is provided by law to members of the county commission.
Section 7. The board shall hold such regular meetings as it may by rule prescribe. Special meetings shall be held at such times and places determined by the board upon the call of its chair, or as are otherwise required to hold hearings upon complaint as hereinafter provided. A majority of the board members shall constitute a quorum for the transaction of business.
Section 8. The board shall keep minutes of its meeting and a record of all business transacted by it. All board records, except those required by board rules to be held confidential for reasons of public policy shall be open for inspection by any resident of the county at all reasonable times.
Section 9. The board may promulgate such rules governing the employees of the office of the sheriff through a personnel manual which shall contain provisions for equal opportunity in employment and advancement on a nondiscriminatory basis for all persons, and shall contain provisions that all employment policies shall be administered without regard to race, color, religion, sex, age, or national origin in regard to examinations, eligible registers, appointments, transfers, salaries, promotions, demotions, annual and sick leave, and such other matters as may be necessary to accomplish the purposes of this act. Any proposed rule shall become effective only after it is adopted at a meeting of the board which meeting is open to the public, and after a certified copy thereof has been filed with the office of the probate judge. All employees shall be appointed upon a nonpartisan merit basis. The rules promulgated by the board shall not apply to those exempt appointees enumerated in Section 3 (b), who shall serve at the pleasure of the sheriff.
Section 10. The board shall perform, but shall not be limited to, all of the following specific duties.
(1) Classify the various types of service under its jurisdiction.
(2) Prescribe minimum qualifications, including those of education, training, and experience to each classification of service.
(3) Provide a salary range, from minimum to maximum salary authorized, for each class of service; however, for a period of five years following the effective date of this act, the minimum salary for any class shall not be less than any existing pay plan for such class or service, provided further that after the five-year period has elapsed, the salary ranges prescribed by the board shall be used exclusively, regardless of any conflicting pay plans.
(4) Classify and identify each position of the classified service existing in the present system to its proper class of service in the new system.
(5) Periodically provide for the rating of employees’ performances in the new system.
(6) Establish rules governing appointments, promotions, salary increases or decreases, as well as layoffs, leaves of absence, suspensions, dismissals, terminations, and other disciplinary actions affecting employees.
(7) Hear and decide appeals submitted by any person in the classified service.
(8) Conduct investigations or hearings, examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the county.
(9) Administer oaths to witnesses who appear before the board.
Section 11. The personnel director shall keep a register of all persons eligible and available for appointment to each class and position in the service of the county under this act, ranked according to ability. Employees laid off who are subsequently available for reemployment shall be placed at the head of this list for eligible registrants in the inverse order of their terminations. Employees who voluntarily terminate their services may be granted reemployment status only under such circumstances and in such manner as may be provided for in the board’s rules and regulations.
Section 12. Persons seeking employment in any position shall file an application with the personnel director, who shall make those applications available to the appointing authority. The appointing authority, from time to time, shall conduct examinations to test the ability of such applicants. All qualified applicants shall be examined based upon factors pertinent to the ability to discharge the duties of the position. Examinations shall be practical and shall relate to those matters which test the ability of the person examined to discharge intelligently the duties of the position for which he or she applies. Once the qualified applicants have been examined, those selected for employment may then be hired by the appointing authority, as long as funding is available for the position. Any persons may make reapplication for any position.
Section 13. Whenever a vacancy exists in any position, it shall be filled by appointment of one of the appropriate eligible registrants, or by transfer within the service from another position of the same class. However, any eligible person of the same class who has been laid off, as provided in Section 12, shall receive preference in hiring in every instance. Whenever it is impossible to certify eligible persons to a vacancy, the board may authorize the appointing authority to fill the vacancy temporarily pending the establishment of an eligible registrant. Temporary appointments shall be effective for six months, and may be extended for six additional months by the board, upon request by the appointing authority. All appointments other than temporary appointments shall be probationary for six months from the date of appointment. A probationary subordinate employee may be discharged by his or her appointing authority for unsatisfactory service at any time before the expiration of that period. After the expiration of the probationary period, an appointment shall be permanent, subject to discharge thereafter only for cause.
Section 14. The sheriff, or the appointing authority to whom the sheriff has delegated such disciplinary powers, may remove, discharge, suspend, or demote any subordinate employee in the classified service of the office of the sheriff, provided that within five days thereof, a written report of such action is made to the board, giving the reason or circumstances surrounding such disciplinary action. If any aggrieved employee is suspended for more than one day, removed, discharged, or demoted, he or she shall be entitled to a board hearing on such disciplinary action, upon written demand thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt of the written request therefor. All meetings of the board on disciplinary matters shall be open to the public, and shall observe the aggrieved employee’s right to face his or her accusers and be heard in his or her own defense. Pending a hearing on any disciplinary action, the aggrieved employee may be temporarily suspended. Upon a hearing, the board may order the employee reinstated with back pay from the time of such action to the date of reinstatement, or take or approve such disciplinary action as, in its judgment, is warranted by evidence and under the law. Either aggrieved party, the sheriff, or the employee shall, after an adverse hearing, have the right to rehearing and appeal as hereinafter provided.
Section 15. The board shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this act. The sheriff, or some other person so designated by the sheriff, shall serve all processes of the board, and shall attend and preserve order at all public hearings conducted by the board. If a person refuses to obey a subpoena from the board, the board or its authorized representative, may ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing, the circuit court may order compliance with the subpoena. Failure to comply with such an order shall constitute contempt of court. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of this state, which fees shall be paid from the county treasury.
Section 16. The sheriff or the employee aggrieved by a decision of the board in the original hearing shall be entitled to rehearing of the issue before the board as provided herein. The aggrieved party shall make written request upon the board within five days of an adverse decision of the original hearing and the board shall, within 10 days of receipt of a request for rehearing, hold the rehearing in substantially the same manner as the original hearing to review its earlier decision. If, on rehearing, either party is aggrieved by the decision of the board, the party may appeal the decision to the Circuit Court of Etowah County within 30 days from the release of the decision by the board. The proceedings before the circuit court shall be without jury and shall be de novo.
Section 17. Whenever, in the judgment of the sheriff, it becomes necessary in the interest of the economy or because the necessity for a position no longer exists, the sheriff may abolish any position in the classified service and lay off employees, based on seniority, without filing written charges and without the right to a hearing as provided in this act.
Section 18. All expenses incurred in the implementation of this act shall be paid by the county out of the county treasury.
Section 19. It is the intent of this act to create a personnel system for the employees of the office of sheriff to be separated from that of other county offices and departments effective upon enactment of this act into law.
Section 20. All laws or parts of laws which conflict with this act are repealed.
Section 21. This act shall become effective following its passage and approval by the Governor, or its otherwise becoming law, and following ratification of a constitutional amendment authorizing the creation of a personnel board for the employees of the Office of the Sheriff of Etowah County.
Apr 10, 17, 24 & May 1, 2015
