MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gina Springfield, an unmarried woman, to Harbourton Mortgage Investment Corporation, dated October 25, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama,. Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, N.A.. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, N.A., will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on January 22, 2014, 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 8 in Block A of the Country Club Heights Addition to the City of Boaz in Etowah County, Alabama, according to the survey and plat thereof as appears of record in Plat Book G page 227 in the Probate Office of Etowah County, Alabama
Property Street Address: 1001 Willard Avenue, Boaz, AL 35956-5328 (provided for informational purposes only)
Said property will be sold “AS IS”. Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.
The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation.
Wells Fargo Bank, N.A.
Mortgagee or Transferee
David Sigler
Attorney for Mortgagee or Transferee
Morris Hardwick Schneider, LLC
1 Independence Plaza
Suite 416
Birmingham, AL 35209
http://foreclosure.closingsource.net
AL-90001865-13
Nov 29, Dec 6, 13 & 20, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by mortgage executed by Donald L Clanton, Jr and wife, Nancy S Clanton, to John A Hammonds and Kenneth E Hammonds, dated December 6, 2011, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3359558; the undersigned mortgage owners, John A Hammonds and Kenneth E Hammonds, 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 9th day of January, 2014, 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:
Lot Number Two (2) in Block Two (2) of the B.K. Herring’s Subdivision of a portion of the Northwest Quarter (NW ¼) of the Northwest Quarter (NW ¼) of Section 26, Township 12, South of Range 8, East of Huntsville Meridian, according to map or plat of said Subdivision recorded in Book of Town Plats “E”, Page 201, in the Office of the Judge of Probate of Etowah County, Alabama, together with all improvements located thereon.
Lot Number Three (3), in Block Two (2) of the B.K. Herring Subdivision of a portion of the Northwest Quarter (NW ¼) of the Northwest Quarter (NW1/4) of Section 26, Township 12 South, Range 8 East, according to the map thereof recorded in Book of Town Plats “E”, Page 201, in the Office of Judge of Probate of Etowah County, Alabama.
The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.
John A Hammonds and Kenneth E Hammonds
Mortgage Owners
Brian Keith Copeland
Copeland and Copeland, LLC
Attorney for owner
Dec 6, 13 & 20, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vasti Gutierrez and Victor Gutierrez, husband and wife, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Accredited Home Lenders, Inc., on the 26th day of May, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2005-2223; said mortgage having subsequently been transferred and assigned to HSBC Bank USA, National Association, as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2, by instrument recorded in Instrument Number 3357859, in the aforesaid Probate Office; the undersigned HSBC Bank, USA, National Association, as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2, 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 February 10, 2014, 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 Two (2) in Block Number Two (2) in the First Addition to Rainbow Estates, according to the map or plat thereof, recorded in Plat Book “F”, Page 335, in the Probate Office, Etowah County, Alabama, and lying and being in Rainbow City, 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 Bank, USA, National Association, as Indenture Trustee of the FBR Securitization Trust 2005-2, Callable Mortgage-Backed Notes, Series 2005-2, Mortgagee/Transferee
Rebecca Redmond
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
87162
Dec 6, 13 & 20, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brenda Joyce Spence, to Bank of America, N.A, dated March 7, 2011, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book n/a, Page n/a as Instrument Number 3346755. Said mortgage was subsequently sold, assigned and transferred to NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY. Under and by virtue of the power of sale contained in said mortgage, the undersigned, NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on February 5, 2014, 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:
Situate in Etowah County, Alabama, described as follows:
Lot 14 and the South 10 feet of Lot 15, Block 6, Northside Subdivision, according to the Map or Plat thereof as the same appears of Record in Plat Book “G”, Page 197 and 199, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
Being the same parcel conveyed to Brenda Joyce Spence from Roland Spence and Valerie Williams Spence, by virtue of a Deed dated 03/14/2001, recorded 03/22/2001, in Deed Book 2001, Page 81, County of Etowah, State of Alabama.
Assessor`s Parcel No: 15-02-04-1-000-039.000
Property Street Address: 507 Joseph T Robinson Street, Gadsden, AL 35901 (provided for informational purposes only)
Said property will be sold “AS IS”. Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.
The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation.
Nationstar Mortgage LLC d/b/a Champion Mortgage Company
Mortgagee or Transferee
David Sigler
Attorney for Mortgagee or Transferee
Morris Hardwick Schneider, LLC
1 Independence Plaza
Suite 416
Birmingham, AL 35209
http://foreclosure.closingsource.net
AL-90000472-13
Dec 6, 13 & 20, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by William M Peavy and Krissy Leigh Peavy, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Franklin Financial Corp., An Op. Sub. of MLB&T Co., FSB, as Mortgagee, dated the 25th day of May, 2007, and recorded in Book Instrument # 3272342, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to Nationstar Mortgage, LLC by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 9th day of January, 2014, in the city of Gadsden, at the Front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:
BEGIN AT A POINT IN THE NORTH RIGHT OF WAY OF WESTMONT WAY WHICH IS NORTH 57 DEGREES 02’ EAST 100 FEET FROM THE SE CORNER OF LOT 1, WESTMONT SUBDIVISION, AS RECORDED IN PLAT BOOK “1”, PAGE 110 & 111, THENCE FROM SAID POINT OF BEGINNING RUN NORTH 32 DEGREES 58’ WEST 150 FEET TO A POINT; THENCE RUN NORTH 57 DEGREES 01’ EAST 100 FEET TO A POINT; THENCE RUN SOUTH 32 DEGREES 58’ EAST 150 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF WESTMONT WAY, THENCE RUN SOUTH 57 DEGREES 01’ WEST WITH SAID WESTMONT WAY 100 FEET TO A POINT OF BEGINNING. BEING A PART OF THE SE 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 11 SOUTH, RANGE 5 EAST, 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.
Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage.
Nationstar Mortgage, LLC
Holder of said Mortgage
Goodman G. Ledyard
PIERCE LEDYARD, P.C
Attorneys for Mortgagee
Post Office Box 161389
Mobile, Alabama 36616
(251) 338-1300
Dec 6, 13 & 20, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that mortgage dated September 29, 2006, in favor of The HomeTown Bank of Alabama, a corporation, and executed by Mark A. Campbell and Candace Campbell, husband and wife, which mortgage is recorded October 4, 2006, in Instrument Number 3256564, which mortgage was corrected by Correction Mortgage recorded October 12, 2012, in Instrument Number 3374842, all, 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 27, 2013, the following described real estate situated in Etowah County, Alabama, to-wit:
TRACT ONE: PART OF THE SE1/4 OF THE SE1/4 OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 3 EAST, ETOWAH COUNTY, ALABAMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SE CORNER OF SAID SE1/4 OF THE SE1/4; THENCE NORTH 0 DEGREES 22’ 17” EAST ALONG SAID SECTION LINE 1143.51 FEET TO A PIPE, THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES 58’ WEST, 320.0 FEET; THENCE SOUTH 50 DEGREES 35’ WEST, 159.70 FEET; THENCE NORTH 27 DEGREES 40’ EAST, 391.80 FEET TO MARGIN OF PAVED ROAD; THENCE NORTH 88 DEGREES 39’43” EAST ALONG SAID MARGIN 250.07 FEET TO SECTION LINE; THENCE SOUTH 0 DEGREES 22’ 17” WEST ALONG SECTION 163.0 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED TRACT CONTAINS 1.55 ACRES, MORE OR LESS AND IS SUBJECT TO EXISTING ROAD RIGHTS-OF-WAY, UTILITY EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD.(w/j33084)
TRACT TWO: A part of the Southeast quarter of the Southeast quarter of Section 33, Township 11 South, Range 3 East Etowah County, Alabama, more particularly described as follows: From the Northwest corner of said Southeast quarter of the Southeast quarter; thence South 87 degrees 54 minutes 40 seconds East, a distance of 664.73 feet to a concrete marker; thence South 0 degrees 07 minutes 48 seconds East 209.0 feet to a pipe; the point of beginning; thence North 89 degrees 43 minutes 15 seconds East, 209.0 feet; thence North 0 degrees 07 minutes 48 seconds West; 209.0 feet to South margin of Self Street; thence North 89 degrees 43 minutes 15 seconds East, along said margin 193.19 feet; thence South 27 degrees 40 minutes 00 seconds West; 391.80 feet to a pipe on the North bank of a branch; thence South 48 degrees 29 minutes 00 seconds West, 292.58 feet; thence North 0 degrees 07 minutes 48 seconds West, 330 feet, to the point of beginning. Subject to existing road rights-of-way, utility easements, reservations and restrictions of record.
AND ALSO, Pursuant at Section 7-9A-604(a)(2), Code of Alabama of 1975, as last amended, One (1) used 1985 Kimberly 3CK Mobile Home, SN #KH52D3CK35516A AND ALSO One (1) used 1985 Kimberly 3CK Mobile Home, SN #KH52D3CK35516B, together with all parts, attachments, accessories, repairs, improvements, and accessions whether now existing or hereafter acquired by debtor and used in conjunction therewith, and proceeds therefrom; where ever located.
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, 2014, and October 1, 2013, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, easements to Hopper Telecommunications Company, Inc., Document #D-1997-0384 and Deed Book 1632, Page 323, easement to Alabama Power Company recorded March 17, 2010, Instrument number 3329138, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, 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
Dec 6, 13 & 20, 2013
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MORTGAGE
FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
Default having been made in the payment of the indebtedness secured by mortgage given by Jennifer Shields, dated October 27, 2011, recorded as Instrument Number: 3357153, Probate Office, 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 will sell, at public outcry, to the highest bidder for cash, at the front door of the Etowah County Courthouse at 800 Forrest Avenue, in Gadsden, Alabama, between the legal hours of sale on January 6, 2013, the following described property:
A parcel of land described as beginning at the Northeast corner of Lot No. 1; thence from said point of beginning, run Southerly along the East line thereof 429.4 feet to a point which is 150 feet Northerly, measured along said East line from the Southeast corner of said Lot No.1; thence deflect right 82 degrees 07 minutes and run Westerly 89.7 feet to a point in the West line of said Lot No. 1 which is 150 feet Northerly, measured along said West line from the Southwest corner thereof; thence deflect right 80 degrees 44 minutes and run Northerly along said West line of Lot No. 1, 391.6 feet (390 feet plat) to the Northwest corner thereof; thence run Easterly along the North line of said Lot No.1, 215.4 feet to the point of beginning, containing 1.4 acres and embracing portions of said Lot No. 1, in Block No. 1, of Pine Acres, as recorded in Plat Book “F”, Page 199, Probate Office, Etowah County, and lying in Hokes Bluff, 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. Proceeds thereof will be applied as provided by the terms of said 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, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements and rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.
Dated: December 2, 2013
JOSEPH R. FORD
Mortgagee
BY: JODY WILLOUGHBY
Attorney for Mortgagee
Day & Willoughy, P.C.
1925 Rainbow Drive
Gadsden, Alabama 35901
(256) 543-1660
Dec 13, 20 & 27, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated October 28, 2003, executed by Rickey S. Naugher, an unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for The Bank, National Bank, which mortgage was recorded on November 5, 2003, in Document Number M-2003-5736, 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 February 11, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Fifty-eight (58) of the Lola A. Nabors Estates, according to map or plat thereof recorded in Plat Book H, Page 75, Probate Office, Etowah County, Alabama, lying and being in Glencoe, 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
Dec 13, 20 & 27, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by mortgage executed by Christopher Taylor and wife, Jacinta Taylor, to GAP, LLC, dated September 2, 2011, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3354654; the undersigned mortgage owner, GAP, LLC, has 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 14th day of January, 2014, 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:
Lot 2 of Thompson Estates as recorded in Plat Book “L”, Page 70, Probate Office, Etowah County, Alabama.
The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.
GAP, LLC
Mortgage Owner
COPELAND LAW FIRM, LLP
Attorneys for owner
Dec 13, 20 & 27, 2013
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MORTGAGE
FORECLOSURE SALE
DEFAULT HAVING BEEN MADE IN THE PAYMENT OF THE INDEBTEDNESS SECURED BY THAT CERTAIN MORTGAGE EXECUTED ON FEBRUARY 3, 2010 BY DENNIS L. SMITH AND KELLY W. SMITH, HUSBAND AND WIFE, ORIGINALLY IN FAVOR OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS PHH MORTGAGE CORPORATION D/B/A ERA MORTGAGE, AND RECORDED IN INSTRUMENT # AT 3327365 ON FEBRUARY 10, 2009, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA, AND SECURED INDEBTEDNESS HAVING BEEN TRANSFERRED OR ASSIGNED TO PHH MORTGAGE CORPORATION AS REFLECTED BY INSTRUMENT RECORDED IN INSTRUMENT #, 3395411 OF THE SAME OFFICE. SHAPIRO AND INGLE, L.L.C., AS COUNSEL FOR MORTGAGEE OR TRANSFEREE AND UNDER AND BY VIRTUE OF POWER OF SALE CONTAINED IN THE SAID MORTGAGE WILL, ON JANUARY 2, 2014, 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 FORTY-ONE (41), WILD ACRES, UNIT NUMBER TWO (2), ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK “G”, PAGES 221 AND 222, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.
FOR INFORMATIONAL PURPOSES ONLY, THE PROPERTY ADDRESS IS: 101 RIDGECREST ROAD, 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, L.L.C. AT THE ADDRESS INDICATED BELOW. SHAPIRO AND INGLE, L.L.C. 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.
PHH MORTGAGE CORPORATION, AND ITS SUCCESSORS AND ASSIGNS
MORTGAGEE OR TRANSFEREE
SHAPIRO AND INGLE, L.L.C.
10130 PERIMETER PARKWAY, SUITE 400
CHARLOTTE, NC 28216
704-333-8107/ 13-003188
ATTORNEYS FOR MORTGAGEE OR TRANSFEREE
Dec 13, 20 & 27, 2013
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MORTGAGE
FORECLOSURE SALE
ALABAMA, ETOWAH COUNTY
Default having been made pursuant to the terms of that certain mortgage executed by Ottis Woodard and Judy Woodard, husband and wife and to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for M &T Bank its successors and assigns, dated August 30, 2007, said mortgage being recorded in Instrument Number 3279076 in the Office of the Judge of Probate of Etowah County, AL. said Mortgage was last sold, assigned and transferred to Federal National Mortgage Association (“FNMA”). Federal National Mortgage Association (“FNMA”), 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 courthouse door of Etowah County, AL during the legal hours of sale, on January 9, 2014 the following real estate, situated in Etowah County, AL, to-wit: LOTS 5, 6 & 7, BLOCK 2, RICKLES ADDITION TO TOWN OF ALTOONA, AL, AS RECORDED IN PLAT BOOK “A”, PAGE 400, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA. Said property is commonly known as 2790 MAIN ST, ALTOONA, AL 35952 The indebtedness has been and is hereby declared due and payable because of default under the terms of said Mortgage and Note, 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 and Note. 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; 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 property Ottis Woodard and Judy Woodard or tenant(s). RCO Legal, P.C. 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 (770) 234-9192 Gadsden Messenger TS#: 78911 FEI # 2013.00180
Dec 13, 20 & 27, 2013
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MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Lisa Allison and Johnny Allison, wife and husband to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely a s nominee for Lender, Americas Mortgage Professionals, LLC, and Lender’s successor and assigns, dated August 25, 2009, and Recorded in Instrument No. 3319885 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Queen’s Park Oval Asset Holding Trust by instrument recorded in Instrument No. 3388186 of said Probate Court records; notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on January 14, 2014, 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:
LOT 43, ACCORDING TO THE MAP OF SURVEY OF FARM MORTON SUBDIVISION, WHITESBORO, ALABAMA, AS RECORDED IN PLAT BOOK “I”, PAGE 076, PROBATE RECORDS OF ETOWAH COUNTY, ALABAMA,
More correctly described as: LOT 43, ACCORDING TO THE MAP OF SURVEY OF FARRIS MORTON SUBDIVISION, WHITESBORO, ALABAMA, AS RECORDED IN PLAT BOOK “I”, PAGE 076, PROBATE RECORDS OF ETOWAH COUNTY, ALABAMA,
DESCRIPTION TAKEN FROM THAT CERTAIN SURVEY BY R. C. BURGETT, AL REG. NO. 10093, DATED AUGUST 25, 1999. DEED REFERENCES: BOOK 1463, PAGES 237; AND BOOK 1998, PAGE 63, DOC # D-1998-0810.
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.
Flagstar Bank, FSB
Mortgagee
William S. McFadden
McFadden, Lyon & Rouse, L.L.C.
718 Downtowner Blvd.
Mobile, AL 36609
Dec 13, 20 & 27, 2013
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher D. Morton, a single man and Rebecca D. Parks, a single woman, to 1st Community Credit Corp, on the 21st day of December, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 2005 Page 5552; said mortgage subsequently transferred and assigned to Cadence Bank, National Association; the undersigned Cadence 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 February 10, 2014, 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:
Tract Number Twelve (12), Bristow Cove Estates, Phase One, as recorded in Plat Book J, Pages 101A, 101B and 101C, 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 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.
Cadence Bank, National Association, Mortgagee/Transferee
Rebecca Redmond
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
285567
Dec 13, 20 & 27, 2013
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Hazel C. Bishop, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 29th day of June, 2009, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3316247; 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 8, 2013 and recorded in said Probate Office in Instrument Number 3393862. 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 January 15, 2014, 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:
Parcel One: Lot Numbers Four (4) and Five (5), in Block Number Eight (8), in Unit 1 of Scenic Park, according to the map or plat thereof recorded in Plat Book “F”, Page 237, Probate Office, Etowah County, Alabama.
Parcel Two: Lot Number One (1), in Block Number Eight (8) in Unit One (1) of Scenic Park, according to the map thereof recorded in Plat Book “F”, Pages 237 and 239, Probate Office, and lying and being in Gadsden, 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,
TIPTON & DAVIS, P.C.
Bowdy J. Brown, Esq.
445 Dexter Avenue, Suite 8050
Montgomery, Alabama 36104
Our File No.: 49696-1043
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
Dec 13, 20 & 27, 2013
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 15, 2004, executed by Kathryn M. Isaacs and John Isaacs, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for SouthEastern Financial, Inc., which mortgage was recorded on January 21, 2004, in Document Number M-2004-0279, 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 January 14, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:
PARCEL I: To reach the point of beginning, commence at the Southeast Corner of the Northeast Quarter of the Southwest Quarter, Section 5, Township 13 South, Range 6 East, Etowah County, Alabama; thence North 01 degrees 27 minutes West and along the East line of said forty, 661.52 feet to the point of beginning; thence from said point of beginning, run South 88 degrees 18 minutes 11 seconds West, 20 feet to a three inch pipe; thence deflect right and run North 27 degrees 18 minutes West, 698.03 feet to an iron pin on the 509 contour line; thence deflect right and follow the 509 contour line for a distance of 575 feet, more or less, to the East line of the Southeast Quarter of the Northwest Quarter (Government Lot B) of said Section 5; thence deflect right and run South 01 degrees 47 minutes East, along said East line and the East line of the Northeast Quarter of the Southwest Quarter, 693.3 feet to the point of beginning, and containing 3.05 acres, more or less, and being a portion of the Northeast Quarter of the Southwest Quarter (Northeast Quarter of the Southwest Quarter), and a portion of the Southeast Quarter of the Northwest Quarter (Southeast Quarter of the Northwest Quarter) (Government Lot B) Section Five (5), Township Thirteen (13) South, Range Six (6) East of the Huntsville Meridian, in Southside, Etowah County, Alabama.
PARCEL II: A non-exclusive easement for ingress and egress over and across a 40 foot right of way or easement known as Timber Lake Road, extending from Beach Hollow Lane, to the Southernmost Corner of the above described property.
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
Dec 13, 20 & 27, 2013
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Richard Jay Miller and Debra Ann Miller, Husband and Wife, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for MortgageAmerica, Inc. Corporation, dated January 31, 2011, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3344901. Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, NA. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, NA, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on February 19, 2014, 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 Numbers Seventy-four (74), Seventy-five (75) and Seventy-six (76) in Parcel One (1) of the Riverview Estates according to a map or plat thereof as recorded in Plat Book “C”, Pages 402 and 403, in the Office of the Judge of Probate of Etowah County, Alabama.
Property Street Address: 1247 Goodyear Avenue, Gadsden, AL 35903-2101 (provided for informational purposes only)
Said property will be sold “AS IS”. Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.
The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation.
Wells Fargo Bank, NA
Mortgagee or Transferee
David Sigler
Attorney for Mortgagee or Transferee
Morris Hardwick Schneider, LLC
1 Independence Plaza
Suite 416
Birmingham, AL 35209
http://foreclosure.closingsource.net
AL-90001921-13
Dec 13, 20 & 27, 2013
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Timothy W. Mostella, a married man and wife, Tamela Jones, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for United Wholesale Mortgage, on the 10th day of March, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2004-0979; the undersigned Everbank, 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 February 24, 2014, 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 numbered five (5), in Block Three (3), in Woodland Park Addition to Gadsden according to map or plat thereof recorded in Plat Book E Page 105, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden (formerly Alabama City), 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.
Everbank, Mortgagee/Transferee
Rebecca Redmond
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
310188
Dec 20, 27, 2013 & Jan 3, 2014
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Marcia Mitchell, unmarried woman, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Integrity Mortgage LLC, on the 19th day of June, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument number 3273412; said mortgage having subsequently been transferred and assigned to Everbank, by instrument recorded in Instrument Number 3371797, in the aforesaid Probate Office; the undersigned Everbank, 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 February 10, 2014, 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 Six (6) in the rearrangement of Lots Number Five (5)-Eight (8), Fourteen (14)-Seventeen (17) and Twenty-One (21)-Twenty-six (26) in the Tanglewood Subdivision, Unit One as recorded in Plat Book H, Page 56; said rearrangement recorded in Plat Book H Page 109 Probate Office, Etowah County, Alabama lying and being in Hokes Bluff, 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.
Everbank, Mortgagee/Transferee
Rebecca Redmond
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
296982
Dec 20, 27, 2013 & Jan 3, 2014
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 2, 2005, executed by James R. Martin and Tammi L. Martin, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Countrywide Home Loans, Inc., which mortgage was recorded on September 13, 2005, in Document Number M-2005-3865, 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 January 21, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Twelve (12) in Short Creek Estates Subdivision to Etowah County, Alabama, as recorded in Plat Book I, Page 136, 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.
Green Tree Servicing LLC
Transferee
Robert J. Wermuth/cls
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Dec 20, 27, 2013 & Jan 3, 2014
______________
MORTGAGE
FORECLOSURE SALE
Defaulthaving been made in the payment of the indebtedness secured by that certain mortgage executed by Dee Watson, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Taylor Mortgage Inc., dated May 7, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3331795. Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, NA. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, NA, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on February 19, 2014, 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 an existing ¾” pipe at the Northeast corner of the NW ¼ of the NW 1/4 , Section 1, T-12-S, R-5-East of the Huntsville Meridian, Etowah County, Alabama and run S 78° 48` 51” W, 166.64 feet to the point of beginning of the property described herein; thence run N 59° 45` 32” W, 146.49 feet to a point; thence run S 78° 22` 20” W, 258.76 feet to a point; thence run S 06° 57` 59” E, 80.91 feet to a point on the Northeasterly R/W of Scenic Drive (60` R/W); thence run the following chord bearings and distances alone said R/W, S 68° 36` 22” E, 50.78 feet; S 62° 21` 39” E, 56.25 feet; S 48° 58` 09” E, 72.57 feet and S 36° 29` 31” E, 41.08 feet to a point; thence run N 42° 18` 36” E, leaving said R/W, 187.86 feet to a point; thence run N 56° 15` 58” E, 81.12 feet to the point of beginning. Said property being a portion of the NW ¼ of the NW ¼, Section 1, T-12-S and the SW 1/4, Section 36, T-11-S, R-5-E, Etowah County, Alabama, and contains 1.19 acres (more or less).
There is a 20.00 feet water line easement to the above described property, the centerline being more particularly described as follows: Commence at an existing ¾” pipe at the Northeast corner of the NW ¼ of the NW 1/4, Section 1, T-12-S, R-5-East of Huntsville Meridian, Etowah County, Alabama and run S 78° 49` 51” W, 166.64 feet to a point; thence run N 59° 45` 32” W, 33.26 feet to the point of beginning of said centerline; thence run the following chord bearings and distances along said centerline, N 51° 53` 39” E, 91.75 feet; S 85° 25` 01” E, 166.87 feet; N 10° 53` 14” W, 247.55 feet; N 00° 47` 09” W, 35.42 feet; N 17° 10` 52” E, 30.21 feet; N 05° 45` 08” E, 34.33 feet; N 03° 34` 21” W, 106.98 feet; N 13° 51` 34” E, 101.07 feet; N 05° 59` 38” W, 118.37 feet; N 11° 38` 45” W, 103.19 feet; N 04° 18` 19” E, 64.52 feet; N 21° 50` 03” E, 186.08 feet; N 18° 41` 03” E, 186.08 feet and N 37° 38` 46” E, 85.25 feet to the Southwest R/W of Robinwood Road (60` R/W) and the end of said easement.
Property Street Address: 523 Scenic Drive, Gadsden, AL 35904-1017 (provided for informational purposes only)
Said property will be sold “AS IS”. Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.
The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation.
Wells Fargo Bank, NA
Mortgagee or Transferee
David Sigler
Attorney for Mortgagee or Transferee
Morris Hardwick Schneider, LLC
1 Independence Plaza
Suite 416
Birmingham, AL 35209
http://foreclosure.closingsource.net
AL-90001960-13
Dec 20, 27, 2013 & Jan 3, 2014
______________
MORTGAGE
FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Melissa Moore and Terry Mitchell to 1st Franklin Financial Corporation on the 22nd day of December, 2010, said mortgage being recorded at Instrument #3343241, Mortgage Records, 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 13th day of January, 2014, the following described real estate situated in Etowah County, Alabama, to-wit:
Lot Number Eleven (11), in Block Ten (10) in the Interurban Land Company’s First Addition to Gadsden, Alabama, as same appears in the Office of the Probate Judge, Etowah County, Alabama, in Plat Book “B”, Page 206, subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set back lines of record. Address: 1424 Kyle Avenue, Gadsden, AL 35901. Tax Map or Parcel ID No.: 31-15-03-05-2-000-014.000. Subject property is located in Etowah County.
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.
1st Franklin Financial Corporation
BY: /s/Dana L. Rice
Dana L. Rice, Its Attorney
Dana L. Rice, L.L.C.
P. O. Box 8345
Gadsden, Alabama 35902
(256) 546-0611
Dec 20, 27, 2013 & Jan 3, 2013
______________
MORTGAGE
FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vicki J. Tyler, a single woman, to New Century Mortgage Corporation, on December 20, 2001, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number M-2001-5807; and subsequently transferred and assigned to U.S. Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC1, and said assignment being recorded in Instrument Number 3368336; U.S. Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC1, 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 June 20, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Four (4) in Plainview Village, as Recorded in Plat Book H, Page 97, Probate Office, Etowah County, Alabama, and Lying and Being in Attalla, 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.
U.S. Bank National Association, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2002, Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NC1
Transferee
Jauregui & Lindsey, LLC
2110 Devereux Circle
Birmingham, AL 35243
(205) 970-2233
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO July 16, 2013 AT THE TIME AND PLACE SET OUT ABOVE
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO August 20, 2013 AT THE TIME AND PLACE SET OUT ABOVE
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO September 19, 2013 AT THE TIME AND PLACE SET OUT ABOVE
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO November 05, 2013 AT THE TIME AND PLACE SET OUT ABOVE
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO December 12, 2013 AT THE TIME AND PLACE SET OUT ABOVE
THIS FORECLOSURE SALE HAS BEEN CONTINUED TO December 23, 2013 AT THE TIME AND PLACE SET OUT ABOVE
Dec 20, 2013
______________
NOTICE TO
FILE CLAIMS
JOYCE MARIE MOODY, appointed Personal Representative (s) on October 29, 2013, Estate of CORA SUE WRIGHT, 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
Dec 6, 13 & 20, 2013
______________
NOTICE TO
FILE CLAIMS
LINDA GORE SMITH MCLENDON, appointed Personal Representative (s) on November 25, 2013, Estate of S.R. GORE, 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
Dec 6, 13 & 20, 2013
______________
NOTICE TO
FILE CLAIMS
DARRON MITCHELL WALKER, appointed Personal Representative (s) on November 25, 2013, Estate of D.C. WALKER, 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
Dec 6, 13 & 20, 2013
______________
NOTICE TO
FILE CLAIMS
CHARLES HINCY, appointed Personal Representative (s) on November 22, 2013, Estate of DIANNE D. MCMICHEN, 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
Dec 6, 13 & 20, 2013
______________
NOTICE TO
FILE CLAIMS
WALTER H. DUKE, JR., appointed Personal Representative (s) on November 21, 2013, Estate of TERRY R. DUKE, 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
Dec 6, 13 & 20, 2013
______________
NOTICE TO
FILE CLAIMS
LARK W. MCCLENDON, appointed Personal Representative (s) on December 2, 2013, Estate of ETHEL RUTH WEST, 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
Dec 13, 20 & 27, 2013
______________
NOTICE TO
FILE CLAIMS
JOAN DICKSON LEACH, appointed Personal Representative (s) on December 2, 2013, Estate of WILLIAM OWEN LEACH, 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
Dec 13, 20 & 27, 2013
______________
NOTICE TO
FILE CLAIMS
CHELSEY SMITH, III, appointed Personal Representative (s) on November 1, 2013, Estate of LELAS C. SMITH, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Bobby M. Junkins
Judge of Probate
Dec 13, 20 & 27, 2013
______________
NOTICE TO
FILE CLAIMS
JUNE P. WOOD, appointed Personal Representative (s) on December 5, 2013, Estate of KATHRYN V. PITTS, 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
Dec 13, 20 & 27, 2013
______________
NOTICE TO
FILE CLAIMS
CHRISTOPHER PATTERSON, appointed Personal Representative (s) on December 2, 2013, Estate of MARY IMOGENE PATTERSON, 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
Dec 13, 20 & 27, 2013
______________
NOTICE TO
FILE CLAIMS
PENNY FOUNTAIN HAMBY, appointed Personal Representative (s) on November 25, 2013, Estate of SARAH A. FOUNTAIN, 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
Dec 13, 20 & 27, 2013
______________
NOTICE TO
FILE CLAIMS
LARRY MICHAEL BESHEARS, appointed Personal Representative (s) on December 4, 2013, Estate of REUBEN H. BESHEARS, 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
Dec 13, 20 & 27, 2013
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NOTICE TO
FILE CLAIMS
J. BRYAN ECHOLS, appointed Personal Representative (s) on December 10, 2013, Estate of JOHN ELLIOTT, 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
Dec 20, 27, 2013 & Jan 3, 2014
______________
NOTICE TO
FILE CLAIMS
TAMMY BOLES, appointed Personal Representative (s) on November 25, 2013, Estate of BRENDA MCCLELLAN, 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
Dec 20, 27, 2013 & Jan 3, 2014
______________
NOTICE TO
FILE CLAIMS
DOROTHY MALONE CATTLING, appointed Personal Representative (s) on October 30, 2013, Estate of OSCAR J. CATTLING, 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
Dec 20, 27, 2013 & Jan 3, 2014
______________
NOTICE TO
FILE CLAIMS
ZAMBIA RICHEA PLAYER, appointed Personal Representative (s) on December 5, 2013, Estate of JABARI PLAYER, 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
Dec 20, 27, 2013 & Jan 3, 2014
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LEGAL NOTICE
McCartney Construction Company, Inc. hereby gives notice of completion of contract with the City of Hokes Bluff for construction of CDBG Project No. LR-CM-PF-12-012 in Etowah County. This notice will appear for four consecutive weeks beginning on December 6, 2013 and ending on December 27, 2013. All claims should be filed at Ladd Environmental Consultants, Inc. P. O. Box 680869, Fort Payne, Alabama 35968 during this period.
McCartney Construction Company, Inc.
Dec 6, 13, 20 & 27, 2013
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LEGAL NOTICE
NOTICE TO: John Green, Calvin Marbury, and/or Occupants of 112 North 21st Street, Gadsden, AL 35903.
A complaint has been filed in the Circuit Court of Etowah County, Alabama, styled 1st Franklin Financial Corporation, Plaintiff v. John Green and Calvin Marbury, Defendants, bearing case # 31-CV2013-900784-WAM, to eject the defendants and/or occupants of property located at 112 North 21st Street, Gadsden, AL 35903, and to place plaintiff in rightful possession thereof.
If defendants wish to contest this action, they must file a written answer within thirty (30) days from the date of service with the Circuit Clerk of Etowah County, Alabama, with a copy of said answer being served upon Dana L. Rice, Attorney for Plaintiff, at P. O. Box 8345, Gadsden, AL 35902, or thereafter a judgment by default may be entered against said defendant.
W. Allen Millican
Circuit Judge
Dec 13, 20, 27, 2013, Jan 3, 2014
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LEGAL NOTICE
Notice is hereby given that the contents of the following storage units will be sold on January 11, 2014 for past due rent.
Anna Smith A-31.
Summer Chase Storage
801 Collins Place
Attalla, AL 35954
Dec 13 & 20, 2013
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NOTICE OF
CIVIL ACTION
Amy Holland, whose whereabouts are unknown, must answer the Complaint of Morgan Funeral Chapel, by answering said Complaint, 30 days from the date of the last publication or thereafter a judgment /order by default may be rendered against her in Civil Action No.: DV-2012-900538, District Court of Etowah County, Alabama.
Dated November 12, 2013.
Cassandra Johnson
Circuit Clerk
Nov 29, Dec 6, 13 & 20, 2013
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LEGAL NOTICE
Notice is hereby given that the contents of the following storage units will be sold on January 16, 2014 for past due rent.
Los Arcos A-32
Mathew Duke A-27
Summer Chase Storage
801 Collins Place
Attalla, AL 35954
Dec 20 & 27, 2013
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LEGAL NOTICE
McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. HRRR-2800(213) in Etowah County. This notice will appear for four consecutive weeks beginning on December 20, 2013 and ending on January 10, 2014. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.
McCartney Construction Company, Inc.
Dec 20, 27, 2013, Jan 3 & 10, 2014
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NOTICE OF
CIVIL ACTION
Victoria Miller, whose whereabouts are unknown, must answer the Complaint of Morgan Funeral Chapel, by answering said Complaint, 30 days from the date of the last publication or thereafter a judgment /order by default may be rendered against her in Civil Action No.: DV-2012-900533, District Court of Etowah County, Alabama.
Dated November 12, 2013.
Cassandra Johnson
Circuit Clerk
Nov 29, Dec 6, 13 & 20, 2013
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NOTICE OF
CIVIL ACTION
Tina Turner, whose whereabouts are unknown, must answer the Complaint of Morgan Funeral Chapel, by answering said Complaint, 30 days from the date of the last publication or thereafter a judgment /order by default may be rendered against her in Civil Action No.: DV-2012-900531, District Court of Etowah County, Alabama.
Dated November 12, 2013.
Cassandra Johnson
Circuit Clerk
Nov 29, Dec 6, 13 & 20, 2013
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NOTICE OF
CIVIL ACTION
Diane Grisham, whose whereabouts are unknown, must answer the Complaint of Morgan Funeral Chapel, by answering said Complaint, 30 days from the date of the last publication or thereafter a judgment /order by default may be rendered against her in Civil Action No.: DV-2012-900540, District Court of Etowah County, Alabama.
Dated November 12, 2013.
Cassandra Johnson
Circuit Clerk
Nov 29, Dec 6, 13 & 20, 2013
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NOTICE OF
DIVORCE
ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
Nicky Vanalath Fang, whose whereabouts is unknown, must answer Robert Mu-Chung Fang’s petition for divorce and other relief by January 26, 2014, or, thereafter, a judgment by default may be rendered against her in Case No. 31-2013-900523, Circuit Court of Etowah County.
Done the 2nd day of December, 2013.
Cassandra Johnson
Circuit Clerk
Dec 6, 13, 20 & 27, 2013
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NOTICE OF
COMPLAINT
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
The Defendant, Adam Cash, whose whereabouts are unknown, just answer the Complaint of Lacy Cash by January 7, 2014 or a judgment by default may be rendered against him in Case No.: DR 11-146WAM, Circuit Court of Etowah County, Alabama.
Done the 26th day of November, 2013.
James M. Shelnutt,
Attorney for Plaintiff
601 S. 5th St
Gadsden, AL 35901
256-547-4988
Dec 6, 13, 20 & 27, 2013
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NOTICE OF
JUVENILE
ACTION
Mario David Pineda, whose whereabouts are unknown, must answer the Petition of Branda Dijnora Marroquin-Velazquez by answering a Petition to Terminate Parental Rights and other relief by January 14, 2014 or thereafter a judgment by default may be rendered against him in Civil Action No.: JU-13-409.01, Juvenile Court of Etowah County, Alabama.
Dated November 15th, 2013.
Cassandra Johnson
Circuit Clerk
Dec 6, 13, 20 & 27, 2013
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NOTICE OF
PUBLICATION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO. S-7761
IN THE MATTER OF THE CHANGE OF NAME OF: BRANTLEY CRUZ HUTCHENS TO BRANTLEY CRUS SANTOS
TO: JOSHUA TYLER HUTCHENS, Please take notice that a Petition for Change of name of the minor child born to Laci Nicole Santos on or about the 22nd day of November, 2011, has been filed in said Court and that a hearing on said Petition has been set for the 23rd day of January, 2014 at 10:30 a.m. before the Probate Court of Etowah County. Please be advised that if you intend to contest the Petition, you must filed a written response with the attorney for the Petitioner named below and with the Clerk of the Probate Court, Etowah County, Alabama as soon as possible but no later than thirty (30) days from the last day this notice is published.
Richard A. Rhea
Attorney for Petitioner
930 Forrest Avenue
Gadsden, AL 35901
256-547-6801
Bobby M. Junkins
Judge of Probate
Dec 20, 27, 2013, Jan 3 & 10, 2014
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NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on January 20, 2014 for charges due.
1999 Lexus RX300 VIN# JT6GF1 0U5X00 44180
Autows Towing & Recovery
217 4th Street NW
Attalla, AL 35954
Dec 13 & 20, 2013
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NOTICE OF
VEHICLE
POSSESSION
Notice is hereby given that on January 22, 2014 at 11:00 a.m. the following vehicles will be sold by sealed bids only for towing and storage charges due.
2004 Chevrolet Impala VIN# 2G1WF 52E44 927 9245
2004 Ford Taurus VIN# 1FAHP53 U14A2 01941
1990 Ford Ranger VIN# 1FTCR14 T5LPB 14374
2002 Dodge Durango VIN# 1BHR48N 62F1 6719
Steve’s Towing, Inc
1719 Kyle Ave.
Gadsden, AL 35901
Dec 13 & 20, 2013