MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Commercial Real Estate Mortgage and Assignment of Leases and Rents executed by THE REDFIELD GROUP, INC., to BRANCH BANKING AND TRUST COMPANY, successor in interest to Colonial Bank by asset acquisition from the Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Mortgagee, on the 25th day of November 2002, said mortgage recorded on December 4, 2002, in the Probate Office of Etowah County, Alabama, as Document Number M-2002-5623, as affected by that certain Assignment of Security Instruments and Other Loan Documents from the Federal Deposit Insurance Corporation in its capacity as Receiver for Colonial Bank to Branch Banking and Trust Company (BB&T), recorded in the aforesaid Probate Office, on October 27, 2009, as Instrument Number 3322250, under and by virtue of the power of sale contained in said mortgage, Mortgagee will sell at public outcry to the highest bidder for cash, in front of the main entrance to the Courthouse at Gadsden, Etowah County, Alabama on the 11th day of January 2013, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to wit:
Commence at the Southeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section Twenty-nine (29) Township Twelve (12) South, Range Six (6) East and run Westerly along the South line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) a distance of 312.5 feet; thence deflect 44˚ 49′ left and Southwesterly along the Southeasterly line of Lot Three (3), Block One (1) of the J. H. Summers Second Addition to Summerville as recorded in Plat Book “B”, Page 100, in the Probate Office of Etowah County, Alabama, a distance of 138.71 feet to the point of beginning; from said point of beginning continue Southwesterly along the Southeasterly line of said Lot Three (3) a distance of 200 feet to a point on the Northeasterly right of way line of Spurlock Avenue; thence deflect 90˚ right and run Northwesterly along the Northeasterly right of way line of Spurlock Avenue a distance of 276.8 feet to a point on the Southeasterly right of way line of Rainbow Drive; thence deflect 90˚ 25′ 30″ right and run Northeasterly along the Southeasterly right of way line of Rainbow Drive a distance of 200 feet; thence deflect 89˚ 34′ 30″ right and run a distance of 275.32 feet to the point of beginning.
Said parcel of land being a portion of Lots One (1), Two (2) and Three (3), Block One (1) of the J. H. Summers Second Addition to Summerville as recorded in Plat Book “B”, Page 100, in the Probate Office of Etowah County, Alabama, and a portion of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section Twenty-nine (29), Township Twelve (12) South, Range Six (6) East.
Being subject to an easement 15 feet in width across the Northwesterly portion of the property adjacent to Rainbow Drive. Lying and being in Rainbow City, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
Mortgagee makes no representation or warranty as to the physical condition of the real estate and/or any improvements thereon. Mortgagee is not familiar with the environmental condition of the real property and makes no statements or warranties that said real estate is or is not free of any hazardous and/or toxic substances. Any purchasers of said real estate will release and will hold and save Mortgagee harmless from and against all claims, losses, demands, costs, expenses (including attorney fees and other legal costs), liabilities, damages and judgments arising out of or related to Mortgagee’s use (past, present, or future) of said real estate or breach of this representation.
The above-described property will be sold on an “as is, where is” basis, subject to any filed taxes, and reservations and restrictions contained in prior deeds and easements for highway and/or road rights of way, telephone utility lines, rights of egress and ingress. Said property will be sold without representation, warranty or recourse, express or implied, as to title, use and/or enjoyment of the property described above, and will be sold subject to the statutory right of redemption. This sale is subject to postponement or cancellation; contact D. Brent Hargett at the phone number shown below prior to attendance at sale.
D. Brent Hargett
Attorney for Mortgagee
SASSER, SEFTON, BROWN, TIPTON & DAVIS, P.C.
2000 Interstate Park Drive, Suite 300
Montgomery, AL 36109
(334) 532-3400
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Peggy Sanford, to The Exchange Bank of Alabama, dated the 4th day of June, 2008, and recorded as Instrument Number 3295660, in the Office of the Judge of Probate, Etowah County, Alabama. Said Mortgagee, by reason of such default, having declared all the indebtedness secured by said mortgage due and payable and said mortgage is subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on December 3, 2012, the following described real estate situated in Etowah County, Alabama:
Lot Number Thirteen in Block Number Four in Forman Homesites Addition to Attalla, Alabama, according to the map or plat thereof as the same appears of record in Book of Town Plats E, Page 158, Probate Office, Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any.
THE EXCHANGE BANK OF ALABAMA
By: /s/Laura T. Lloyd
TURNBACH, WARREN, ROBERTS & LLOYD, P.C.
P. O. Box 129/200 Chestnut Street
Gadsden, Alabama 35902-0129
(256) 543-3664 / FAX (256) 543-3674
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Jason Vaughn, an unmarried man to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, MORTGAGEAMERICA, INC. and Lender’s successors and assigns dated April 8, 2011, and Recorded in Instrument Number 3348308 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Central Mortgage Company by instrument recorded in Instrument Number 3374788 of said Probate Court Records: notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the December 3, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Avenue, Gadsden, AL 35901, the following described real property in the County of Etowah, State of Alabama, being the same property described in the above referred to mortgage:
TRACT NUMBER FOURTEEN (14), BRISTOW COVE ESTATES, PHASE II, AS RECORDED IN PLAT BOOK J, PAGES 110 AND 111, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, AND LYING AND 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 THE PROBATE WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the mortgagee.
Central Mortgage Company
Mortgagee
Beth McFadden Rouse
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 7, 2006, executed by Elizabeth B. Walker, an unmarried woman, to Metro Bank, which mortgage was recorded on June 9, 2006, in Instrument number 3248423, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, 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 December 18, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:
Commence at a half-inch pipe monumenting the Southeast Corner of the Southeast Quarter of the Southwest Quarter, Section 27 Township 12 South, Range 6 East of the Huntsville Meridian, Whorton Bend, Etowah County, Alabama. From said point of commencement run South 89 degrees 44 minutes 38 seconds West along the South line of said forty a distance of 891.88 feet to an iron pin set (LS#20141); thence deflect right, depart from said South line and run North 33 degrees 31 minutes 17 seconds East a distance of 308.90 feet to an iron pin set (LS# 20141), being the point of beginning of the lands herein described. From said point of beginning deflect left and run North 56 degrees 31 minutes 30 seconds West a distance of 179.98 feet to an iron pin set (LS#20141) on the Southeast right-of-way of Garmon Road; thence deflect right and run North 33 degrees 31 minutes 17 seconds East along said Southeast right-of-way a distance of 125.00 feet to an iron pin set (LS# 20141); thence deflect right, depart from said Southeast right-of-way and run South 56 degrees 31 minutes 30 seconds East a distance of 179.98 feet to an iron pin set (LS# 20141); thence deflect right and run South 33 degrees 31 minutes 17 seconds West a distance of 125.00 feet to the point of beginning. Said parcel being a portion of the Southeast Quarter of the Southwest Quarter, Section 27, Township 12 South, Range 6 East of the Huntsville Meridian, Whorton Bend, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
JPMorgan Chase Bank, National Association
Transferee
Robert J. Wermuth/cls
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 4, 2007, executed by Sylvia Lauranna Watford, a single woman, to Taylor Mortgage, Inc., which mortgage was recorded on September 5, 2007, in Instrument Number 3278784, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, N.A., 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 December 18, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot 21, Rainbow Estates 3rd Addition, recorded in Plat Book I, Page 114, Probate Office, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
JPMorgan Chase Bank, National Association
Transferee
Robert J. Wermuth/cls
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by mortgage executed by Joe Scales, to Joe Powell, dated July 10, 2009, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in M-Instrument Number 3318194; the undersigned mortgage owner, Joe Powell, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 10th day of December, 2012, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:
All that portion of the Northwest (NW ¼) Quarter of the Southwest (SW(1/4) Quarter which lies North or Northwest, of the Lay Springs Public Road in Section Six (6), Township Eleven (11) South, of Range Seven (7) East of Huntsville Meridian in Etowah County, Alabama, save and except those portions of said NW ¼ of the SW ¼ embraced in the deed from J.W. Blackwell and Laura Blackwell to G.T. Cushion, dated October 31st, 1932, and recorded in Book “7-P”, Page 34, Probate Office, Etowah County, Alabama, and being subject to the rights of the Alabama Power Company as described in Deed Record “5-V”, Page 316, Deed Record “7-A”, page 9 and 10, and Record Book “339”, page 217, said Probate office, and All of the Southwest (SW ¼) Quarter of the Northwest (NW ¼) Quarter of Section Six (6), Township Eleven (11) South of Range Seven (7) East of Huntsville Meridian, in Etowah County, Alabama.
SAVE AND EXCEPT: The following part of said quarter section, described as follows: Commence at the Southeast corner of the SW ¼ of the NW ¼, Section Six (6), Township Eleven (11) South, Range Seven (7) East in Etowah County, Alabama and run North 02 degrees 25 minutes 00 seconds West along the East lien of said forty a distance of 318.45 feet to an existing one-half inch rebar with cap stamped JDWT, on the Northwest of a right-of-way lien of Lay Springs Road; thence run South 26 degrees 10 minutes 14 seconds West along the right-of-way line a distance of 40 feet to the point of beginning. From said point of beginning run North 53 degrees 02 minutes 47 seconds West a distance of 235 feet to a point; thence run South 87 degrees 35 minutes 00 seconds West a distance of 147 feet to a point; thence run North 02 degrees 25 minutes 00 seconds West a distance of 147 feet to a point ; thence run North 87 degrees 35 minutes 0 0seconds East a distance of 343 feet to a point; thence run South along the East line of said quarter section a distance of 211.97 feet to a point; thence run South 26 degrees 10 minutes 14 seconds West along the right-of-way line of Lay Springs Road a distance of 40 feet to the point of beginning and being a portion of the Southwest Quarter of the Northwest Quarter in Section 6, Township 11 South, Range 7 East, in Etowah County, Alabama.
The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.
Joe Powell
Mortgage Owner
BRIAN KEITH COPELAND
COPELAND AND COPELAND, LLC
Attorney for owner
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by John A. Meyer, a single man, to Beneficial Alabama, Inc., on the 16th day of April, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc. # M-2004-1677; the undersigned Beneficial Financial I, Inc., successor by merger to Beneficial Alabama, Inc. , 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 December 10, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
A tract or parcel of land described as beginning at a point where the South right of way of U.S. Highway 278 intersects the Easterly right of way of Lovvorn Road in the Northeast quarter of the Southeast quarter of Section 15, Township 12 South, Range 7 East in Etowah County, Alabama; and from thence run in an Easterly direction and along the South right of way line of U.S. Highway 278 a distance of 185 feet to a point; thence run in a Southerly direction and parallel to the East line of said quarter section a distance of 210 feet to a point; thence run in an Easterly direction and parallel the North line of said quarter section a distance of 225 feet to a point on the East line of said quarter section; thence run in a Southerly direction and along the East line of said quarter section a distance of 125 feet to a point; said point being the Northeast corner of that certain tract of land deeded from Andy F. Lovvorn to James W. Gidley, recorded in Book 1126, Page 443, Probate Office, Etowah County, Alabama; thence run in a Westerly direction and along the North line of the Gidley tract a distance of 178.5 feet to the Northwest corner of the James W. Gidley tract; thence deflect to the left and forming an interior angle of 72 Degrees 35 Minutes and run in a Southwesterly direction along the Northwesterly line of the Gidley tract a distance of 115 feet to a point; thence run in a Westerly direction and parallel to the North line of said quarter section a distance of 225 feet to a point on the East right of way line of Lovvorn Road; thence run in a Northerly direction along the East right of way line of Lovvorn Road a distance of 470 feet, more or less, to the point of beginning and being a portion of the Northeast quarter of the Southeast quarter in Section 15, Township 12 South, Range 7 East in Etowah County, Alabama.
Property Street Address: 4957 US Hwy 278 East, Hokes Bluff, AL 35903
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.
Beneficial Financial I, Inc., successor by merger to Beneficial Alabama, Inc. , Mortgagee/Transferee
Cynthia W. Williams
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
265833
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by April Williams Jackson, a single woman, to Frank Roden and Tammy Roden, dated the 16th day of May, 2011, and recorded as Instrument Number 3349780, in the Office of the Judge of Probate, Etowah County, Alabama. Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on November 30, 2012, the following described real estate situated in Etowah County, Alabama:
Lot 29 of Hickory Hills Estates recorded in Plat Book ‘I”, Page 45, in the Probate Office of Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any, and all other liens, restrictions or encumbrances on record.
/s/James E. Turnbach
James E. Turnbach
TURNBACH, WARREN, ROBERTS & LLOYD, P.C.
ATTORNEY FOR FRANK AND TAMMY RODEN
P. O. Box 129/200 Chestnut Street
Gadsden, Alabama 35902-0129
(256) 543-3664
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Lance R. Williamson and Toni R. Williamson, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for The Mortgage Outlet, Inc., on the 26th day of July, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc. #: M-2005-3274; said mortgage having subsequently been transferred and assigned to Pennymac Mortgage Investment Trust Holdings I, LLC, the undersigned Pennymac Mortgage Investment Trust Holdings I, LLC, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 10, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
Commence at the Southeast corner of Lot 31 in Block 3 of J.C. Morris Subdivision, Hokes Bluff, Alabama, as recorded in Plat Book “E”, Page 59, Probate Office, Etowah County, Alabama. The above described lot corner also being the point where the North right of way line of a 50 foot right of way designated as “Second Street” intersects the West line of the Northwest quarter of the Southeast quarter, Section 14, Township 12 South, Range 7 East; thence run East along the projection of said North right of way line a distance of 330.74 feet to a point, said point being the point of beginning; thence from said point of beginning, deflect 86 Degrees 20 Minutes to the left and run in a Northerly direction a distance of 151.09 feet to a point on the South line of the Pinehaven Addition to Hokes Bluff, as recorded in Plat Book “F”, Page 175, Probate Office, Etowah County, Alabama; thence deflect right forming an interior angle of 93 Degrees 55 Minutes and run East along the South line of said Pinehaven Addition to Hokes Bluff a distance of 100.0 feet; thence deflect 93 Degrees 56 Minutes to the right and run in a Southerly direction a distance of 151.53 feet; thence deflect to the right forming an interior angle of 93 Degrees 41 Minutes and run West a distance of 100.00 feet to the point of beginning of the above described tract of land and embracing a portion of the Northwest quarter of the Southeast quarter of Section 14, Township 12 South, Range 7 East, Etowah County, Alabama.
Property Street Address: 5606 2nd St, Gadsden, AL 35903
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.
Pennymac Mortgage Investment Trust Holdings I, LLC, Mortgagee/Transferee
Cynthia W. Williams
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
270519
Nov 9, 16 & 23, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 28, 2010, executed by Derek L. Broyles, unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Homestar Financial Corp., which mortgage was recorded on June 30, 2010, in Instrument number 3334404, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, 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 December 11, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Eight (8) of Lakeview Gardens Subdivision, as recorded in Plat Book “L”, Page 79, Probate Office, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
JPMorgan Chase Bank, National Association
Transferee
Robert J. Wermuth/acl
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Nov 16, 23 & 30, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Rodney Veal and Mary Veal, husband and wife, to Union Planters Bank, National Association., on September 3, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. # M-2002-4204; Regions Bank Successor By Merger To Union Planters Bank, N.A. Successor By Merger with Union Planters Mortgage, Inc., FKA., 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 December 11, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot number twenty-two (22) in Block thirty-three(33) in Garden City Residential Subdivision #1 according to map thereof recorded in Plat Book “C”, Pages 408 and 409, Probate Office, and being and lying in the city of Gadsden, Etowah County, Alabama, together with all improvements located thereon.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.
Regions Bank Successor By Merger To Union Planters Bank, N.A. Successor By Merger with Union Planters Mortgage, Inc., FKA.
Transferee
Jauregui & Lindsey, LLC
2110 Devereux Circle
Birmingham, AL 35243
205-988-8888
Nov 16, 23 & 30, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 8, 2002, executed by Iva Belle Kilgore, a married woman, A/K/A Iva Belle Holloway and Jimmy Rex Kilgore, a married couple, to Long Beach Mortgage Company, which mortgage was recorded on April 22, 2002, in Document # M-2002-1894, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to U.S. Bank, N.A., successor trustee to Wachovia Bank, N.A. (formerly known as First Union National Bank) as trustee for Long Beach Mortgage Loan Trust 2002-2, 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 December 18, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:
Commence at the Point of Intersection of the West or Southwest Boundary Line of the Old Pleasant Valley Road with the East or Southeast Boundary Line of the New Pleasant Valley Road as located in the North one-half of the Northwest Quarter of Section 28, Township 12 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama; said point being marked by an iron pin; thence in a Southeasterly direction and along the Southwesterly Boundary Line of said Old Pleasant Valley Road to its intersection with the Northwest Boundary Line of Interstate Highway 59; and marked with an iron pin; thence run Southwesterly and along said I-59 Boundary 1,050 feet to a point; and marked with an iron pin; thence deflect 90 degrees to the right and proceed in a straight line to an intersection with the Southeasterly Boundary Line of the New Pleasant Valley Road; and marked with an iron pin; thence Northeasterly and along the Southeasterly Boundary Line and along the Southeasterly Boundary Line of the New Pleasant Valley Road a distance of 1200 feet more or less to the Point of Beginning. (As described in Book 1425, Page 205, Etowah County Probate Office).
LESS AND EXCEPT:
Commence at the Northwest Corner of Section 28, Township 19 South, Range 5 East of Huntsville Meridian and run South 88 degrees 19 minutes 00 seconds East, along the North line thereof, 1094.10 feet to a point; thence continue South 88 degrees 19 minutes 00 seconds East along said North line, 1195.11 feet to an existing one-half inch rebar on the West Right of Way of Wesson Lake Road (50 foot Right of Way); thence run South 05 degrees 06 minutes 00 seconds East, leaving said North line and along said Right of Way, 7.95 feet to a point; thence run South 20 degrees 35 minutes 53 seconds West, along said right of way, a chord bearing and distance of 311.05 feet to an existing capped rebar; thence run South 47 degrees 17 minutes 46 seconds West, leaving said Right of Way, 728.37 feet to the Southeast Right of Way of Wesson Lake Road and the Point of Beginning of the property described herein; thence run South 54 degrees 37 minutes 04 seconds West, along said Right of Way, 222.12 feet to an existing three eighths inch rebar at the Northeast corner of Deed Book 1398, Page 257 and 259, Etowah County Probate Office, Etowah County, Alabama; thence run South 36 degrees 33 minutes 44 seconds East, leaving said Right of Way, 196.65 feet to an existing angle iron on the Northwest Boundary Line of Interstate Highway Number 59 (400.00 foot Right of Way); thence run North 54 degrees 21 minutes 53 seconds East along said Right of Way, 222.10 feet to a point; thence run North 36 degrees 33 minutes 45 seconds West, leaving said Right of Way, 195.67 feet to the Point of Beginning. Said property being a portion of the Northeast Quarter of the Northwest Quarter, Section 28, Township 12 South, Range 5 East, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.
U.S. Bank, N.A., successor trustee to Wachovia Bank, N.A. (formerly known as First Union National Bank) as trustee for Long Beach Mortgage Loan Trust 2002-2
Transferee
Robert J. Wermuth/acl
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Nov 16, 23 & 30, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by James A. Henry and wife, Toni L. Henry, to Mortgage Electronic Registration Systems, Inc., solely as nominee for The Bank, on the 10th day of January, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2003-0254; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in Instrument Number 3372978, in the aforesaid Probate Office; the undersigned JPMorgan Chase Bank, National Association, 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 December 10, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number One Hundred Twenty (120) in Cedar Bend South Subdivision to Southside, Alabama as same appears of record in Plat Book “J”, Page 103, Probate Office of Etowah County, Alabama, and lying and being in Southside, Etowah County, Alabama.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF 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.
JPMorgan Chase Bank, National Association, Mortgagee/Transferee
Cynthia W. Williams
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
268523
Nov 16, 23 & 30, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Patricia J. Granger and Henry S. Granger, wife and husband, to Mortgage Electronic Registration Systems, Inc. as nominee for HomeQuest Capital Funding, on the 30th day of September, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc No. M-2005-4286; said mortgage having subsequently been transferred and assigned to HSBC Mortgage Services, Inc., by instrument recorded in Instrument No. 3374602, in the aforesaid Probate Office; the undersigned HSBC Mortgage Services, Inc., 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 December 17, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
Lots Seven (7), Eight (8), Nine (9) and Ten (10), in Block One (1), in Wiggmar Hills, as shown by plat recorded in Plat Book “F”, Page 141, in the Office of the Judge of Probate and lying and 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, 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.
HSBC Mortgage Services, Inc., Mortgagee/Transferee
Cynthia W. Williams
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
101747
Nov 16, 23 & 30, 2012
MORTGAGE
FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, ALBERT LAMAR SPROUSE, an unmarried man, now deceased, to WinSouth Credit Union, on the 12th day of January, 2009, said mortgage being recorded at Instrument Number 3308115, Page 7 Record of Mortgages, in the office of the Judge of Probate of Etowah County, Alabama; and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 14th day of December, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:
LOT NUMBER 19 AND THE NORTHWEST 25 FEET OF LOT NUMBER 20 OF ROLLING GREEN FARM TRACTS NUMBER 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK E, PAGE 41, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, SUBJECT TO THE RIGHTS AND EASEMENTS OF ALABAMA POWER COMPANY RECORDED IN BOOK 396, PAGE 97 AND BOOK 927, PAGE 84, 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.
WINSOUTH CREDIT UNION
BY: Cody D. Robinson, Its Attorney
BRUNSON, MCGILL & ROBINSON, P.A.
301 Broad Street
P.O. Box 1189
Gadsden, AL 35902
(256)546-9205
Nov 23, 30 & Dec 7, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that mortgage dated May 21, 2010, in favor of First Bank of Boaz, a corporation, and executed by Wendell E. Campbell, a single man, which mortgage is recorded May 26, 2010, as Instrument Number 3332638, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on December 21, 2012, the following described real estate situated in Etowah County, Alabama, to-wit:
Lot Number Thirty-One (31) in Rainbow Commercial Park Subdivision, according to the map or plat thereof, as recorded in Plat Book “I”, Page 37, Probate Office, Etowah County, and lying and being in Rainbow City, Etowah County, Alabama. (w\2j33136)
Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure. The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2012, and October 1, 2013, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, any rights of way, road or otherwise, encroachments, utilities, or otherwise, title to all minerals and all restrictions and covenants of record.
JONES AND MILWEE, LLC
ATTORNEY AND AUCTIONEER
P. O. BOX 940
GUNTERSVILLE, AL 35976
Nov 23, 30 & Dec 7, 2012
MORTGAGE
FORECLOSURE SALE
ALABAMA, ETOWAH COUNTY
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dalton Carpet Liquidators, Inc., to Allied Mortgage & Financial Corporation, on the 27th day of February 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3289566, Pages 34; Etowah County, Alabama Records, said Security Deed having been given to secure a Note of even date in the original principal amount of FIVE HUNDRED NINETY-FIVE THOUSAND AND 00/100 DOLLARS ($595,000.00) with interest thereon as provided for therein, said mortgage having subsequently been transferred and assigned to Bayview Loan Servicing, LLC., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, December 11, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
BEGIN AT THE SOUTHEAST CORNER OF LOT NO. 136 OF THE SHAHAN & WALSHE CENTRAL ALABAMA CITY ADDITION AS RECORDED IN PLAT BOOK “B”, PAGES 184-185, IN THE ETOWAH COUNTY PROBATE OFFICE, ALSO BEING THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 27TH STREET AND THE NORTH RIGHT-OF-WAY LINE OF FORREST AVENUE AND RUN SOUTHWESTERLY ALONG THE NORTHERLY LINE OF FORREST AVENUE A DISTANCE OF 326.34 FEET TO THE SOUTHWEST CORNER OF LOT NO. 141; THENCE DEFLECT 90 DEGREES 11′ 48” RIGHT AND RUN NORTHWESTERLY ALONG THE WESTERLY LINES OF LOTS NO. 141 AND 120, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF 28TH STREET A DISTANCE OF 300 FEET TO THE NORTHWEST CORNER OF LOT NO. 120; THENCE DEFLECT 89 DEGREES 48′ 12” RIGHT AND RUN NORTHEASTERLY ALONG THE NORTH LINES OF LOTS NO. 120 THRU 125, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF RAILROAD AVENUE A DISTANCE OF 391.10 FEET TO THE NORTHEAST CORNER OF LOT NO. 125; THENCE DEFLECT 102 DEGREES 22′ 08” RIGHT AND RUN SOUTHERLY ALONG THE EAST LINES OF LOTS NO. 125, 126 AND 127, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF 27TH STREET A DISTANCE OF 59.32 FEET; THENCE DEFLECT 77 DEGREES 37′ 52” RIGHT AND RUN SOUTHWESTERLY A DISTANCE OF 109.69 FEET; THENCE DEFLECT 77 DEGREES 33′ 36” LEFT AND RUN SOUTHERLY ALONG THE WEST LINE OF LOT NO. 127 A DISTANCE OF 17.37 FEET TO THE NORTHWEST CORNER OF LOT NO. 128; THENCE DEFLECT 102 DEGREES 26′ 24” LEFT AND RUN A DISTANCE OF 109.71 FEET TO THE NORTHEAST CORNER OF LOT NO. 128; THENCE DEFLECT 102 DEGREES 26′ 24” LEFT AND RUN A DISTANCE OF 109.71 FEET TO THE NORTHEAST CORNER OF LOT NO. 128; THENCE DEFLECT 102 DEGREES 22′ 08” RIGHT AND RUN SOUTHERLY ALONG THE EAST LINES OF LOTS NO. 128 THRU 130, ALSO BEING THE WEST RIGHT-OF-WAY OF 27TH STREET A DISTANCE OF 76.62FEET TO THE SOUTHEAST CORNER OF LOT NO. 130; THENCE DEFLECT 77 DEGREES 37′ 52” RIGHT AN RUN SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF LOT NO. 130 A DISTANCE OF 109.8 FEET TO THE SOUTHWEST CORNER OF LOT NO. 130; THENCE DEFLECT 77 DEGREES 33′ 36” LEFT AND RUN SOUTHERLY ALONG THE WEST LINES OF LOTS NO. 131 AND 132 A DISTANCE OF 51.71 FEET TO THE NORTHWEST CORNER OF LOT NO. 133; THENCE DEFLECT 102 DEGREES 26′ 24” LEFT AND RUN NORTHEASTERLY ALONG THE NORTH LINE OF LOT NO. 133 A DISTANCE OF 109.87 FEET TO THE NORTHEAST CORNER OF LOT NO. 133; THENCE DEFLECT 102 DEGREES 22′ 08” RIGHT AND RUN SOUTHERLY ALONG THE EAST LINES OF LOTS NO. 133 THRU 136, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF 27TH STREET A DISTANCE OF 102.13 FEET TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND BEING ALL LOTS NO. 120 THRU 126, 128 THRU 130, 133 THRU 141, A PORTION OF LOT NO. 127 AND AN ALLEY ANNULLED IN MISCELLANEOUS BOOK 13, PAGE 88, ETOWAH COUNTY PROBATE OFFICE, SHOWN ON THE SHAHAN & WALSHE CENTRAL ALABAMA CITY ADDITION AS RECORDED IN PLAT BOOK “B”, PAGES 184-185, ETOWAH COUNTY PROBATE OFFICE, SAVE AND EXCEPT AN ALLEY 10 FEET IN WIDTH RUNNING NORTH AND SOUTH BETWEEN LOTS NO. 125 THRU 136 AND LOTS NO. 124 AND 137. LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA AND CONTAINING 2.23 ACRES, MORE OR LESS EXCLUDING THE AFOREMENTIONED ALLEY.
LESS AND EXCEPT THE FOLLOWING: LOTS NO. 125, 126, 128, 129, 130 AND 133 THRU 136 OF THE SHAHAN & WALSHE CENTRAL ALABAMA CITY ADDITION AS RECORDED IN PLAT BOOK “B”, PAGES 184-185, IN THE ETOWAH COUNTY PROBATE OFFICE.
The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Mortgage. 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. To the best knowledge and belief of the undersigned, the party in possession of the property is Dalton Carpet Liquidators, Inc., or a tenant or tenants, and said property is more commonly known as 2713 Forrest Avenue, Gadsden, Alabama 35904.
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.
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 Security Deed.
Bayview Loan Servicing, LLC., Mortgage/Transferee
as Attorney in Fact for
Dalton Carpet Liquidators, Inc.,
Contact: Uniti Jones
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. FA12.03.001
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Nov 23, 30 & Dec 7, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Venora E. Hall, single, to Wachovia Bank, National Association, on the 2nd day of February, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3279128; the undersigned Wells Fargo Bank, NA successor by merger to Wachovia Bank, National Association, 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 December 17, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
Lots Number Three (3), and Four (4), in Block Number Two (2), in T.G. Barron’s Re-Survey of a portion of Lot Number Thirteen (13) in Clayton Plat Number One (1), according to the map of said Re-Survey recorded in Plat Book “B”, Page 27, Probate Office, and lying and being in Gadsden (formerly Alabama City), Etowah County, Alabama, together with all improvements located thereon.
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation.
Wells Fargo Bank, NA successor by merger to Wachovia Bank, National Association, Mortgagee/Transferee
Ginny Rutledge
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
255345
Nov 23, 30 & Dec 7, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vincent Lynn Mayben, Jr., a married man and wife, Kelli Mayben, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, on the 28th day of March, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3291200; said mortgage having subsequently been transferred and assigned to CitiMortgage, Inc., by instrument recorded in Instrument Number 3344373, in the aforesaid Probate Office; the undersigned CitiMortgage, Inc., 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 January 28, 2013, 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:
To reach the point of beginning, commence at the Southeast corner of Tract Number Ten (10), of the Mark H. Smith lands and from thence proceed Northerly, along the East line of said tract, a distance of 25.00 feet to the Point of Beginning; thence run Westerly and parallel with the South line of said tract a distance of 306.97 feet; thence run Northeasterly, a distance of 370.45 feet to a point on the East line of said Tract Number Ten (10), said point being 223.10 feet North of the Point of Beginning; thence run South along the East line of said Tract Number Ten (10), a distance of 223.10 feet to the Point of Beginning, said property lying and being all in Tract Number Ten (10), Mark H. Smith lands as recorded in Plat Book “C”, Page 321, Probate Office, Etowah County, Alabama; said property lying and being in Southside, Etowah County, Alabama.
Property Street Address: 2750 Pinedale Drive, Southside, AL 35907
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.
CitiMortgage, Inc., Mortgagee/Transferee
Cynthia W. Williams
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
203331
Nov 23, 30 & Dec 7, 2012
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher G. Murray, a single man, to Amsouth Bank, on July 31, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. #, M-2002-3510; Regions Bank Successor by Merger with AmSouth 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, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on December 17, 2012, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
A tract or parcel of land described as beginning at the SW corner of Lot 2, Block B, Lakeland Subdivision, and from then run North and along the West line of Lot 2 (being also the East line of Holiday Drive) a distance of 110 feet to a point; the Easterly and on a line parallel to the South line of Lot 2 to a point in the East line thereof; thence Southerly and along the East line of Lot 2 to the SE corner thereof; thence Westerly along the South line of said Lot 2 a distance of 140 feet to the point of beginning. Said tract embracing a portion of Lot 2, Block B, Lakeland Subdivision, according to the map or plat recorded in Plat Book H, Page 36, Probate Office, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.
Regions Bank Successor by Merger with AmSouth Bank
Transferee
Jauregui & Lindsey, LLC
2110 Devereux Circle
Birmingham, AL 35243
205-988-8888
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
EVELYN RIDGEWAY, appointed Personal Representative (s) on October 30, 2012, of the Estate of HERSHEL LEON RIDGEWAY, deceased, and 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
Nov 9, 16 & 23, 2012
NOTICE TO
FILE CLAIMS
TODD OLIVER BECK, appointed Personal Representative (s) on October 3, 2012, of the Estate of SYBIL LOUISE KNIGHT, deceased, and 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
Nov 9, 16 & 23, 2012
NOTICE TO
FILE CLAIMS
SHARRON NICHOLS EADS, appointed Personal Representative (s) on October 3, 2012, of the Estate of JANE COWAN, deceased, and 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
Nov 9, 16 & 23, 2012
NOTICE TO
FILE CLAIMS
KEITH HOLLINGSWORTH, appointed Personal Representative (s) on October 24, 2012, of the Estate of PHILLIP LYNN HOLLINGSWORTH, deceased, and 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
Nov 9, 16 & 23, 2012
NOTICE TO
FILE CLAIMS
CAROL JOHNSON, appointed Personal Representative (s) on October 23, 2012, of the Estate of BILLY R. CHESTNUT, deceased, and 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
Nov 9, 16 & 23, 2012
NOTICE TO
FILE CLAIMS
CORA LEE KELLY, appointed Personal Representative (s) on October 10, 2012, of the Estate of BILLY LEE KELLY, deceased, and 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
Nov 9, 16 & 23, 2012
NOTICE TO
FILE CLAIMS
KACI LEIGH WATTS appointed Personal Representative(s) on October 31, 2012 Estate of ALLEN MALOY EVANS, 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
Nov 16, 23 & 30, 2012
NOTICE TO
FILE CLAIMS
GLENN JOHNSON appointed Personal Representative(s) on October 25, 2012 Estate of BOBBY 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
Nov 16, 23 & 30, 2012
NOTICE TO
FILE CLAIMS
JAMES SWAFFORD appointed Personal Representative(s) on October 18, 2012 Estate of SANDRA DENISE SWAFFORD, 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
Nov 16, 23 & 30, 2012
NOTICE TO
FILE CLAIMS
TINA ANDERSON AND REBECCA SANFORD ROBINSON, appointed Personal Representative (s) on October 24, 2012, Estate of FANNIE MARIE SANFORD, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
RICHARD HAROLD ROPER, appointed Personal Representative (s) on November 8, 2012, Estate of HAROLD L. ROPER, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
AMANDA M. BLACKWOOD, appointed Personal Representative (s) on November 8, 2012, Estate of MICHAEL VINCENT BLACKWOOD, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
JERRY M. BRANNAN AND BILLIE G. BRANNAN, appointed Personal Representative (s) on November 1, 2012, Estate of NETTIE G. KELLY, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
JAMES M. CHRISTOPHER, appointed Personal Representative (s) on August 28, 2012, Estate of SUE ADKINS, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
LORI HOGAN CLOUGH, appointed Personal Representative (s) on October 25, 2012, Estate of BARBARA L. HOGAN, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
ELMER DONALD RAY, appointed Personal Representative (s) on October 24, 2012, Estate of JOYCE RUTH RAY, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
JANE ASHMORE GARRETT, appointed Personal Representative (s) on November 1, 2012, Estate of BILLY RAY GARRETT, 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
Nov 23, 30 & Dec 7, 2012
NOTICE TO
FILE CLAIMS
DON B. GINDER, appointed Personal Representative (s) on November 6, 2012, Estate of BRENDA M. GINDER, 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
Nov 23, 30 & Dec 7, 2012
NOTICE OF
PUBLIC HEARING
Notice is hereby given to GLORIA STERLING LITTLE, #12 National St., Montgomery, Al. 36105, 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, DECEMBER 4TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 805 MILLER STREET, in District 1 in the City of Gadsden, more particularly described as:
Lot 3 in Block 4 of Lincoln Heights, Being a re-arrangement of the Millie Miller Subdivision, according to the map thereof recorded in Plat Book D, pages 34 and 35, Probate office, 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
Nov 23, 2012
NOTICE OF
PUBLIC HEARING
Notice is hereby given STATE OF ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, and GLEN A. BURTON and ROSEY A. BURTON, 602 Mimosa Street, Gadsden, Al. 35903, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 4h at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 309 OAKLEIGH DRIVE, in District 2 in the City of Gadsden, more particularly described as:
Lot 7 in Block G in Oakleigh Estates, according to the map thereof recorded in Plat Book G, pg 55, Probate office, 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
Nov 23, 2012
NOTICE OF
PUBLIC HEARING
Notice is hereby given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, Al. 36132, EDDIE HARRIS, 2045 Keenum Dr. Southside, AL. 35907 and CLIFFORD & VIRGINA BARFIELD, P.O. Box 877, Gadsden, Al. 35902, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 4TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 1005 LANCASTER AVENUE, in District 2 in the City of Gadsden, more particularly described as:
South 43.33 feet (South 1/3) of Lots 24, 25, and 26, Block 1 of Eastview Addition, as recorded in Plat Book C, page 10-11, Probate office, 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
Nov 23, 2012
LEGAL NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: A-606
In the Matter of the Adoption of a minor child, Unnamed Stacey
TO: THE UNKNOWN FATHER OF A CHILD BORN TO DANA MICHELLE STACEY, WHOSE ADDRESS IS ALSO UNKNOWN
A petition for the adoption of a child born to Dana Michelle Stacey, set to be heard on the 26th day of December, 2012 at 10:00 a.m. was filed on the 2nd day of November, 2010; that the identity of the natural father was not shown on the child’s birth certificate; and that the child’s birth date is October 25, 2012.
Be advised that if you intend to contest this adoption, you must file a written response within thirty (30) day so the date of the last publication herein with the Probate Court of Etowah County, Alabama and with the Petitioners’ attorney listed below.
This the 2nd day of November, 2012.
Bobby M. Junkins
Judge of Probate
Attorney for Petitioners:
Jack W. Torbert, Jr.
Torbert & Torbert, P.A.
1024 Forrest Ave.
Gadsden, AL 35901
Nov 9, 16, 23 & 30, 2012
LEGAL NOTICE
Alese Shanea Mills, and the unknown father of Jayden Dashawn Mills, whose whereabouts are unknown, must answer the petition of Barbara McMurray to terminate the parental rights of Alese Shanea Mills and the unknown father of Jayden Dashawn Mills in the case of Jayden Dashawn Mills, a minor, Juvenile Court of Etowah County, Alabama. Case No.: ju-12-448.01, by the 11th day of January, 2013 or thereafter a judgment by default may be rendered against them.
This the 5th day of November, 2012.
Nov 23, 30, Dec 7 & 14, 2012
NOTICE OF
PUBLICATION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: S-7134
IN THE MATTER OF THE CHANGE OF NAME
Notice to the unknown or undisclosed natural father of: A child born to CYNTHIA DENISE LOUISE GENTRY, whose address is undisclosed.
You will take notice that a Petition for the Name Change of a child born to CYNTHIA DENISE LOUISE GENTRY, (Natural Mother), set to be heard on the 5th day of December, 2012 at 10:30 a.m., was filed on the 27th day of September, 2012 alleging that the identity of the natural parent of said minor child is unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor Childs birth date is 8-7-2008.
Please be advised that should you intend to contest this name change, you must file a written response within thirty (30) days of the date of the last publication herein with Clark Hall, 807 Chestnut Street, Gadsden, Alabama, 35901, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.
Done this the 24th day of October, 2012.
Bobby M. Junkins
Judge of Probate
Nov 2, 9, 16 & 23, 2012
PUBLICATION ON
ADOPTION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: A-601
IN THE MATTER OF: THE ADOPTION OF: JONATHAN JOSIAH THOMPSON
NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF: JONATHAN JOSIAH THOMPSON, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED
You will take notice that a Petition for the Adoption of Jonathan Josiah Thompson, (born to Kristen Kornegay, Natural Mother), was filed on the 12th day of October, 2012, alleging that the identity of the natural father is unknown or has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor Child’s birth date is September 26, 2012.
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein (with Robert M. Echols, Jr., whose name and address is shown below), and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, Alabama 35902.
DONE this 24th day of October, 2012.
Bobby M. Junkins
Judge of Probate
Name and address of Attorney:
Robert E. Echols, Jr.
4 Office Park Circle, Suite 116
Birmingham, AL 35223
Nov 9, 16, 23 & 30, 2012
NOTICE OF
PUBLICATION
DEMETRIA JONES and ROOSEVELT RUSSELL, whose whereabouts are unknown, must answer the Petition of Rodney L. Ward, Administrator for the Estate of ELLA MAE BERRY, DECEASED, filed in the Circuit Court of Etowah County, Alabama. Please be advised that if you intend to contest this matter you must file a written response within thirty (30) days hereof with counsel for said ESTATE OF ELLA MAE BERRY whose name and address are shown below and with the Clerk of said Circuit Court, or thereafter a judgment for default may be rendered against you in Civil Action Number CV-2012-900674.00, pending in the Circuit Court of Etowah County, Alabama.
Rodney L. Ward
Attorney for Petitioner
827 Chestnut Street
Gadsden, AL 35901
Nov 23, 30, Dec 7 & 14, 2012
NOTICE OF
ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CASE NO: DR-12-362 WHR
LESLIE SOSEBEE BOWEN,
PLAINTIFF,
VS.
JEREMY ADAM BOWEN,
DEFENDANT.
JEREMY ADAM BOWEN must answer Leslie Sosebee Bowen’s Complaint in Case Number DR-12-362-WHR in the Etowah County Circuit Court by December 26, 2012 or thereafter the relief requested against him may be granted.
Billy Yates
Circuit Clerk
Tammy Watkins Parris
Attorney for Plaintiff
945 Chestnut Street
Gadsden, AL 35901
Nov 2, 9, 16 & 23, 2012
NOTICE OF
VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on December 24, 2012 for charges due.
2009 Kawasaki ZX600R6F VIN# JKAZX 4R129A 007393
2006 SUZI GSX R600 VIN# JS1GN 7DA36 2119731
1997 Suzuki Katana VIN# JS1GN 72A9V2 101042
2005 Suzuki GSXR 1000 VIN# JS1GT7 6A852 102831
2007 Suzuki GSXR 1000 VIN# JS1GT 77AO7 2101576
2005 Buick Lasabre VIN# 1G4HR 54KXSU 153725
2006 Suzuki GSXR 750 VIN# JS1GR7 KA462 109961
2004 KAWA ZX600R VIN# JKAZX4M164A000317
Joshua Trotman
1740 Jones St
Gadsden, AL 35904
Nov 16 & 23, 2012
NOTICE OF
VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following vehicles on December 31, 2012 for charges due.
1994 Honda CB250R VIN# JH2MC2 405RK3 03279
1986 Volvo 740 VIN# YV1FX 8746G1 072557
1997 Toyota Rav-4 VIN# JT3AP10 V7V70 24715
Frank Hanby
716 Ruby Street
Gadsden, AL 35901
Nov 23 & 30, 2012