Legal Notices for the week of Dec 21 – Dec 27, 2012

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MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 13, 2005, executed by Robert Lee Walls, Jr. and Jennifer Walls, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Molton, Allen, & Williams Mortgage Co. LLC, which mortgage was recorded on September 21, 2005, in Document Number M-2005-4000, 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 15, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


All that part of the Southwest Quarter of the Southwest Quarter of Section 7, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a railroad spike found at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of said section; thence North 00 degrees 37 minutes 34 seconds East a distance of 439.65 feet to a point on the centerline of Pleasant Hill Cut-Off Road; thence leaving said centerline, South 88 degrees 59 minutes 42 seconds East a distance of 30.37 feet to an iron pin set on the Easterly right-of-way (60 feet) of said Pleasant Hill Cut-Off Road; thence along said right-of-way, North 03 degrees 39 minutes 50 seconds East a distance of 150.00 feet to an iron pin set at the point of beginning. From said point of beginning, continue along said right-of-way, the following chord bearings and distances: North 01 degrees 55 minutes 18 seconds East a distance of 133.91 feet; thence North 01 degrees 18 minutes 25 seconds West a distance of 91.02 feet to an iron pin set; thence leaving said right-of-way, South 88 degrees 59 minutes 42 seconds East a distance of 986.29 feet (passing through a reference iron pin set at 961.29 feet) to the centerline of a branch; thence along said centerline, the following chord bearing and distances: South 60 degrees 09 minutes 30 seconds West a distance of 5.85 feet; South 15 degrees 16 minutes 25 seconds West a distance of 120.86 feet; South 21 degrees 55 minutes 31 seconds East a distance of 72.15 feet; South 57 degrees 24 minutes 34 seconds East a distance of 24.52 feet; thence South 02 degrees 36 minutes 29 seconds West a distance of 25.43 feet to a point; thence leaving said branch centerline, North 88 degrees 59 minutes 42 seconds West a distance of 998.24 feet (passing through a reference iron pin set at 15.94 feet) to the point of beginning, containing 5.00 acres, more or less, less and except any easements or rights-of-way, and being a portion of the Southwest Quarter of the Southwest Quarter of Section 7, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. According to the survey prepared by Joe B. Davis, PLS/Al. Reg. No. 19744 dated March 17, 2005.


 


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 7, 14 & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made pursuant to the terms of that certain mortgage executed by Thomas E. Burgett, a single man to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Taylor, Bean and Whitaker Mortgage Corporation, its successors and assigns dated August 25, 2008, said mortgage being recorded in Instrument No.3300387 in the Office of the Judge of Probate of Etowah County, AL. said Mortgage was last sold, assigned and transferred to Cenlar FSB. Cenlar FSB, 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 December 27, 2012 the following real estate, situated in Etowah County, AL, to-wit:


 


That certain parcel of land with all the buildings and improvements thereon, being designated as Lot No. 23, Parcel No. 2, as shown on map of property of Cone Mills Corporation, Dwight Division recorded in Plat Book “F”, Pages 51-65, in the Office of the Judge of Probate, Etowah County, Alabama. Parcel Id No 09-07-36-4-000-031.000 Pin No 10520 Said property is commonly known as 53 West Tuscaloosa Avenue, Gadsen, AL 35904. 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 is Thomas E. Burgett, a single man or tenant(s).


Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, Georgia 30329


(770) 234-9181 (770) 234-9192


 


Dec 7, 14 & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Kevin L. Harden and wife Sherry L. Harden to Mortgage Electronic Registration Systems, Inc. (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s successors and assigns dated June 7, 2001, and Recorded in Book 2001, Page 162 Doc. No. M-2001-2419 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Bank of America N.A., as succcessor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by instrument recorded in  Instrument Number 3354740 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 January 10, 2013, 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:


 


LOTS NUMBER 5 AND 6 IN BLOCK 25, IN CLOVERDALE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “C”, PAGES 46 AND 47, PROBATE OFFICE ETOWAH COUNTY, ALABAMA LYING AND BEING IN ATTALLA, 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.


Bank of America N.A.,


Mortgagee


William S. McFadden


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


Dec 7, 14  & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 20, 2005, executed by Lawrence L. Prater and Angie Prater, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Southeastern Financial, Inc., which mortgage was recorded on July 28, 2005, in Doc Number M-2005-3145, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiMortgage, Inc., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 15, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


All that certain lot or parcel of land situate in the County of Etowah, State of Alabama, and being more particularly described as follows:


 


To find the point of beginning of the hereinafter described parcel of land, commence at the SW corner of Government Lot Number 5, Section 30, Township 12 South, Range 8 East of the Huntsville Meridian, Etowah County, Alabama; thence run North 86 degrees 30 minutes East a distance of 1,120.0 feet to a point, said point being the SE corner of that certain parcel of land heretofore conveyed by Larry Medley and which said point is the point of beginning.  From said point of beginning, continue North 86 degrees 30 minutes East a distance of 280.0 feet to a point, said point being the SW corner of that certain parcel of land heretofore conveyed by John A. Freeman to Thomas Gossett, et ux, by deed recorded in the Probate Office of Etowah County, Alabama; thence run North 03 degrees 27 minutes East and along the West line of said Gosssett tract a distance of 478.77 feet to a point; thence run South 86 degrees 30 minutes West a distance of 280.0 feet to a point, said point being the NE corner of said Medley tract; thence run South 03 degrees 27 minutes West and along the East line of said Medley tract a distance of 478.77 feet to the point of beginning.  Said parcel of land embracing a portion of Government Lots Number 5 and 6, Section 30, Township 12 South, Range 8 East of the Huntsville Meridian and lying and being in Etowah County, Alabama, together with a non-exclusive easement for ingress and egress 50 feet in width lying 25 feet on either side of a centerline more particularly described as follows:


To find the point of beginning of the centerline of a 50 ft. access easement, commence at the NW corner of Government Lot 5, Section 30, Township 12 South, Range 8 East of the Huntsville Meridian, Etowah County, Alabama; thence run North 02 degrees 51 minutes East a distance of 80.82 feet to a point in the center of a county road; thence run North 45 degrees 21 minutes East and along the centerline of said road a distance of 337.22 feet to a point; thence run North 44 degrees 43 minutes East and along said centerline a distance of 277.51 feet to a point; thence run South 42 degrees 10 minutes East to a point on the Southeasterly right of way of said country Road, which said point is the point of beginning.  From said point of beginning, continue South 42 degrees 01 minutes East a distance of 406.95 feet to a point; thence Southeasterly and Southerly along said centerline on a curve to the right having a radius of 358.96 feet, an arc distance of 364.93 feet to the point of tangent; thence South 16 degrees 05 minutes West a distance of 665.04 feet to a point; thence run North 86 degrees 30 minutes East a distance of 721.66 feet to the end point of said easement.


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


CitiMortgage, Inc.


Transferee


Robert J. Wermuth/anp


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Dec 7, 14 & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jennifer Roberson, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, on the 21st day of October, 2009, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3322037; said mortgage having subsequently been transferred and assigned to Everbank, 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 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:


 


Lot Number 16, Block G, according to the Stringer Realty Company’s Resurvey of portions of Edenwood Addition, as recorded in Plat Book “C”, Page 257, Probate Office, 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


Cynthia W. Williams


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


272970


 


Dec 7, 14 & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by those certain real estate mortgages executed by The Rivergate Townhome Apartments, L.L.C., an Alabama limited liability company, to The Exchange Bank of Alabama, described as follows: Mortgage dated July 1, 2009, recorded as Instrument Number 3316010; Mortgage dated July 1, 2009, recorded as Instrument Number 3316011; and, Mortgage dated February 18, 2010, recorded as Instrument Number 3327923, all recorded 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 mortgages due and payable, and said mortgages subject to foreclosure, and such default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgages, 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 January 7, 2013, the following described real estate situated in Etowah County, Alabama:


 


TRACT (1): Begin at 1/2″ rebar marking the NE corner of Lot 4, in Pinehaven Addition to Hokes Bluff, Alabama, as recorded in Plat Book “F”, Page 175, in the Probate Office of Etowah County, Alabama, thence S06°00’17″W 58.30′ along the East line of said Lot to a 1/2″ rebar capped (CA-497-LS), thence leaving said Lot line N89°20’21″W 278.00′ to a 1/2″ rebar capped (CA-497-LS) on the Easterly R/W of Alford Bend Road (50′ R/W) also being the West line of said Lot 4, thence along said R/W and said Lot line along a curve having a radius of 3528.65′ and a chord bearing and distance of N11°45’45″W 59.10′ to a 3/4″ pipe marking the NW corner of said Lot, thence leaving said R/W S89°24;’08″E 296.15′ along the North line of said Lot to the point of beginning, containing 0.38 acres more or less.


 


Said Tract (1) being a portion of Lot 4, in Pinehaven Addition to Hokes Bluff, Alabama, as recorded in Plat Book “F”, Page 175, in the Probate Office of Etowah County, Alabama.


 


TRACT (2): Commence at a 1/2″ rebar marking the NE corner of Lot 4, in Pinehaven Addition to Hokes Bluff, Alabama, as recorded in Plat Book “F”, Page 175, in the Probate Office of Etowah County, Alabama, thence S06°00’17″W 58.30′ along the East line of said Lot to a 1/2″ rebar capped (CA-497-LS) also being the point of beginning, thence continue S06°00’17″W 41.07′ along said Lot line to a 3/4″ pipe marking the NE corner of lot 3 of said subdivision, thence continue S06°00’17″W 98.71′ along the East line of said Lot 3 to a 1/2″ rebar capped (CA-497-LS), thence leaving said Lot line N89°20’21″W 230.11′ to a 1/2″ rebar capped (CA-497-LS) on the Easterly R/W of Alford Bend Road (50′ R/W) also being the West line of said Lot 3, thence along said R/W and along the West line of said Lot 3 and Lot 4 and along a curve having a radius of 3528.65′ and a chord bearing and distance of N13°24’27″W 143.48′ to a 1/2″ rebar capped (CA-497-LS), thence leaving said R/W S89°24’08″E 278.00′ to the point of beginning, containing 0.81 acres more or less.


 


Said Tract (2) being a portion of Lot 3 and 4, in Pinehaven Addition to Hokes Bluff, Alabama, as recorded in Plat Book “F”, Page 175, in the Probate office of Etowah County, Alabama.


 


TRACT (3): commence at a 1/2″ rebar marking the NE corner of Lot 4, in Pinehaven Addition to Hokes Bluff, Alabama, as recorded in Plat Book “F”, Page 175, in the Probate Office of Etowah County, Alabama, thence S06°00’17″W 99.37′ along the East line of said Lot to a 3/4″ pipe marking the NE corner of Lot 3 of said Subdivision, thence continue S6°00’17″W 98.71′ along the East line of said Lot 3 to a 1/2″ rebar capped (CA-497-LS) also being the point of beginning, thence continue S06°00’17″W 51.29′ along the East line of said Lot 3 to a 1/2″ rebar capped (CA-497-LS) marking the SE corner of said Lot 3, thence N87°53’00″W 212.63′ along the South line of said Lot to a to a  1/2″ rebar capped (CA-497-LS) on the Easterly R/W of Alford Bend Road (50′ R/W) marking the SW corner of said Lot 3, thence along said R/W and along the West line of said Lot 3 along a curve having a radius of 3528.65′ and a chord bearing and distance of N14°57’26″W 47.41′ to a 1/2″ rebar capped (CA-497-LS), thence leaving said R/W S89°24’08” E 230.11′ to the point of beginning, containing 0.25 acres more or less.


 


Said Tract (3) begin a portion of Lot 3, in Pinehaven Addition to Hokes Bluff, Alabama, as recorded in Plat Book “F”, Page 175, 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 mortgages, and the proceeds thereof will be applied as provided by the terms of the mortgages, 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.


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


 


Dec 14, 21 & 28, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gregory Brent Barber and wife, Jamie Kaye Barber, to New Century Mortgage Corporation, on May 26, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number 3248833; and subsequently transferred and assigned to UBS Real Estate Securities, Inc., and said assignment being recorded in Instrument Number 3335898; and subsequently transferred and assigned to U.S. BANK NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement dated as of September 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC2 Mortgage Pass-Through Certificates, Series 2006-NC2, and said assignment being recorded in Instrument Number 3335897; U.S. BANK NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement dated as of September 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC2 Mortgage Pass-Through Certificates, Series 2006-NC2, 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 January 9, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


All that Certain Lot or Parcel of Land Situated in the County of Etowah, State of Alabama, and Being More Particularly Described as Follows:


 


Lots Numbers Three (3) and Six (6), Block No. One (1), Herschel Johnson Addition to Glencoe, According to the Map or Plat Thereof, as Recorded in Plat Book “E”, Page 87, Probate Office, Etowah County, Alabama, Lying and Being in Glencoe, 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 Pooling and Servicing Agreement dated as of September 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC2 Mortgage Pass-Through Certificates, Series 2006-NC2


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


205-988-8888


 


Dec 14, 21 & 28, 2012


 


MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made pursuant to the terms of that certain mortgage executed by Amanda Smith Carrell and Gary A Carrell to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Homecomings Financial Network, Inc., its successors and assigns dated March 27, 2006, said mortgage being recorded in Instrument No.3244664 and re-recorded in Instrument No.3305969 in the Office of the Judge of Probate of Etowah County, AL. said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC. Nationstar Mortgage LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, AL during the legal hours of sale, on January 3, 2013 the following real estate, situated in Etowah County, AL, to-wit:


Lot Number 1, 2, and 3 in Block Number Fifteen (15) in South Highlands Addition, according to maps thereof recorded in Book of Town Plats “B”, Pages 74 and 75, and in Book of Town Plats “A”, Page 281, in the Office of the Judge of Probate, and being in Gadsden, Etowah County, Alabama.


Said property is commonly known as 1109 Central Avenue, Gadsden, AL 35904. 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 is Amanda Smith Carrell and Gary A Carrell or tenant(s).


Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, Georgia 30329


(770) 234-9181 (770) 234-9192


 


Dec 14, 21 & 28, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by M.I. CARSTARPHEN, single, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Choice Funding, Inc., as Mortgagee, dated the 10th day of March, 2006, and recorded in Doc. #M2005-1056, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-BC4 by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under­signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 8th day of November, 2012, 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:


 


Lot Number Nine (9) in the Newman First Addition to East Gadsden, according to the Map thereof recorded in Plat Book “H”, Page 92, Probate Office of Etowah County, Alabama, said property lying and being in Gadsden, Etowah County, Alabama.


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, 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.


 


THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-BC4


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 14, 21 & 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Shelley Sims Hill and Mildred Hill, husband and wife, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Wilmington Finance, Inc., dated July 5, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3250536.  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 25, 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:


 


Lot Fifteen (15), Block Four (4), as shown on the map of Foreman Homesites Addition to Attalla, as recorded in Plat Book “E”, Page 158, Probate Office, Etowah County, Alabama.


 


Property Street Address: 219 Walker Drive, Attalla, AL 35954-1909 (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


William G. Berry, Esq.


Attorney for Mortgagee or Transferee


Morris Hardwick Schneider, LLC


2718 20th Street South, Suite 210


Birmingham, AL 35209


http://foreclosure.closingsource.net


AL- 90000317-11-DS


 


Dec 14, 21 & 28, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Allen R. Myrick and Leah Michelle Myrick, husband and wife, to Equiprime, Inc., dated June 16, 2000, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 2000, Page 175 as Instrument Number M-2000-2083.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WACHOVIA BANK OF DELAWARE, N.A. F/K/A FIRST UNION NATIONAL BANK OF DELAWARE. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WACHOVIA BANK OF DELAWARE, N.A. F/K/A FIRST UNION NATIONAL BANK OF DELAWARE, 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 25, 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:


 


Lot number Thirteen (13), in Block number Six (6) in Walnut Park, or West Point Second Addition, according to the map or plat thereof recorded in Plat Book “B”, Page 117, Probate Office, and Lying and being in Gadsden (formerly Alabama City) Etowah County, Alabama.


Property Street Address: 508 Wilson Street, Gadsden, AL 35904-2242 (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. successor by merger to WACHOVIA BANK OF DELAWARE, N.A. f/k/a FIRST UNION NATIONAL BANK OF DELAWARE


Mortgagee or Transferee


William G. Berry, Esq.


Attorney for Mortgagee or Transferee


Morris Hardwick Schneider, LLC


2718 20th Street South, Suite 210


Birmingham, AL 35209


http://foreclosure.closingsource.net


AL-90001108-12


 


Dec 14, 21 & 28, 2012


 


MORTGAGE


FORECLOSURE SALE


 


ALABAMA, ETOWAH COUNTY


Default having been made pursuant to the terms of that certain mortgage executed by Jeremy D. McFarling and Heather McFarling aka Heather B McFarling, Husband and Wife to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Homecomings Financial Network, Inc., its successors and assigns dated May 18, 2006, said mortgage being recorded in Instrument No.3247042 in the Office of the Judge of Probate of Etowah County, AL. said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC. Nationstar Mortgage LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of Etowah County, AL during the legal hours of sale, on January 3, 2013 the following real estate, situated in Etowah County, AL, to-wit:


 


Lots Number Forty-three (43) and Number Forty-four (44), in block Number Two (2) in Riverside Gardens, according to the map thereof recorded in Plat Book “F”, Page 177, Probate Office of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama. Said property is commonly known as 393 Ross Drive, Gadsden, AL 35901. 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 is Jeremy D. McFarling and Heather McFarling aka Heather B McFarling, Husband and Wife or tenant(s).


Johnson & Freedman, LLC


1587 Northeast Expressway


Atlanta, Georgia 30329


(770) 234-9181 (770) 234-9192


 


Dec 14, 21 & 28, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 29, 2007, executed by Michael T. Green and Hollie E. Green, husband and wife, to Wachovia Mortgage Corporation, which mortgage was recorded on November 30, 2007, in Instrument Number 3284452, 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 22, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


A tract of land described as follows:  Commence at the southeast corner of the SW Quarter of the NE Quarter of Section 36 and run North 02 degrees 30 minutes West and along the east line of said forty a distance of 75.73 feet to a point in the northwesterly line of Tidmore Bend Road said point being the point of beginning; thence continue along same course a distance of 395.27 feet to a point; thence run


South 88 degrees 03 minutes West a distance of 779.00 feet to a point; thence South 23 degrees 19 minutes 05 seconds East a distance of 288.44 feet to a point; thence run South 77 degrees 58 minutes 26 seconds East a distance of 338.65 feet to a point; thence run South 51 degrees 15 minutes 49 seconds East a distance of 150.88 feet to a point; thence run South 33 degrees 31 minutes 45 seconds East a distance of 124.35 feet to a point in the northwesterly line of Tidmore Bend Road; thence run North 44 degrees 48 minutes 22 seconds East and along said northwesterly line a distance of 232.74 feet to the point of beginning, said description embracing a portion of the SW Quarter of the NE Quarter and a portion of the NW Quarter of the SE Quarter in Section 36, Township 11 South, Range 6 East of the Huntsville Meridian, in 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/rgm


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher G. Garmon, a married man, joined herein by his spouse, Melissa Garmon, to Colonial Bank, on the 31st day of January, 2002, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2002-0573 and re-recorded in Document Number M-2002-3266; said mortgage having subsequently been transferred and assigned to JPMorgan Chase Bank, National Association, by instrument recorded in Instrument Number 3345325, 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 January 14, 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:


 


Lot Twenty-Five (25) in Block Number Two (2) in the Second Addition to Rainbow Circle, according to the map or plat thereof recorded in Plat Book “G”, page 95, in the office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, subject to restrictions in Misc. Record 29, page 503, rights of Alabama Power Company as shown in Book 5-Y, page 245, and utility easement in favor of Alabama Power Company and Southern Bell Telephone & Telegraph Company as shown in Book 793, page 377, Probate Office, Etowah County.


 


Property Street Address:        212 Cordell Street, Gadsden, AL  35901


 


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


93965


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Michael Bernard Rice, a married man and Brenda Rene Marbury Rice, his wife A/KA Michael Bernard Rice and Brenda Rene Marbury Rice, to Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial Network, Inc., on March 14, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number 3243926; and subsequently transferred and assigned to Home Solution Partner 1, LLC, and said assignment being recorded in Instrument Number 3325590, and said assignment being re-recorded at Instrument Number 3333824; and subsequently transferred and assigned to Transportation Alliance Bank, Inc., and said assignment being recorded in Instrument Number 3363365; Transportation Alliance Bank, Inc., 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 January 15, 2013, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot number 5 in the Tolson Addition according to the map thereof recorded in Plat Book “B”, Page 82, as shown in the Office of the Judge of Probate, Etowah County, Alabama, being and is the same lot or Parcel of Land conveyed to Jimmie Lee Thomas by foreclosure deed, on the 15th Day of July 1948, as same appears of Record in Book 375, Page 10 as shown on record in the Office of the Judge of Probate of Etowah County, together with all appurtenances thereto belonging.


 


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


Transportation Alliance Bank, Inc.


Transferee


Jauregui & Lindsey, LLC


2110 Devereux Circle


Birmingham, AL 35243


205-988-8888


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 23, 2008, executed by Walcie C. Roof, unmarried woman, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Integrity Mortgage LLC, which mortgage was recorded on January 31, 2008, in Instrument Number 3287837, 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 22, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


All that certain lot or parcel of land situated in the County of Etowah, State of Alabama, and being more particularly described as follows:


 


Commence at crimped top pipe marking the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 13, Township 10 South, Range 5 East; thence North 02 degrees 15 minutes 00 seconds West a distance of 404.00 feet to point of beginning; thence continue North 02 degrees 15 minutes 00 seconds West a distance of 210.00 feet to a point; thence run North 76 degrees 18 minutes 00 seconds East a distance of 161.86 feet to a point; thence run South 09 degrees 37 minutes 54 seconds East a distance of 244.11 feet to a point; thence run South 87 degrees 44 minutes 09 seconds West  for a distance of 190.00 feet to the point of beginning.


 


Subject to restrictions, reservations, rights, easements, rights-of-way, provisions, covenants and building set-back lines of record.


 


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


 


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 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sonya K. Todd, a single woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Metro Bank, on the 27th day of November, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3260044; said mortgage having subsequently been transferred and assigned to GMAC Mortgage, LLC, by instrument recorded in Instrument Number 3375448, in the aforesaid Probate Office; the undersigned GMAC Mortgage, 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 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:


 


A lot or parcel of land described as beginning at the intersection of the Northeast line of Fifth Avenue with the Northwest line of Fifth Street and from thence running in a Northwesterly direction along the Northeast line of Fifth Avenue a distance of 150 feet; thence in a Northeasterly direction and parallel with the Northwest line of Fifth Street a distance of 75 feet; thence in a Southeasterly direction and parallel with the Northeast line of Fifth Avenue a distance of 150 feet to the Northwest line of Fifth Street; thence in a Southwesterly direction along the Northwest line of Fifth Street a distance of 75 feet to the Point of Beginning; said description embracing what is known as the Southwest 75 feet of Lots Number 8, 9 and 10 in Block 27 of the Original Survey of Attalla, as recorded in Plat Book “A”, Pages 226-227, Probate Office, Etowah County, Alabama.


 


Property Street Address: 502 5th Street NW, Attalla, AL  35954


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.


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


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


This sale is subject to postponement or cancellation.


GMAC Mortgage, LLC, Mortgagee/Transferee


Rebecca Redmond


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


274586


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 23, 2006, executed by Timothy David Graul and Brada Maxene Graul, husband and wife, to Taylor Mortgage Inc., which mortgage was recorded on July 5, 2006, in Instrument Number 3250235, 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 15, 2013, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Beginning at the Southeast corner of the North half of the Southeast Quarter, Section 32, T-11-S, R-4 East of the Huntsville Meridian and run in a Westerly direction and along the South line of said West half for a distance of 860.02 feet to the beginning point of this description: Thence deflect 88 degrees 11 minutes 00 seconds to the right for a distance of 420.00 feet to a point: Thence deflect 88 degrees 25 minutes 00 seconds to the left for a distance of 444.65 feet to a point: Thence deflect 94 degrees 56 minutes 00 seconds to the left for a distance of 384.72 feet to a point on the Northwesterly R/W of Gilliland Road (60 foot R/W); Thence continue in a Southeasterly direction and along the R/W of said Gilliland Road on a 20 degrees 00 minutes 00 seconds: curve to the right for a distance of 111.50 feet to a point on the South line of said West half: Thence continue Easterly and along the South line of said West half for a distance of 318.08 feet to the point of beginning and containing 4.10 acres (more or less). The above described land being a portion of the North half of the Southeast Quarter, Section 32, T-11-S, R-4 East of the Huntsville Meridian, Etowah County, Alabama. According to the survey prepared by Dowdy Land Surveying dated October 4, 2001.


 


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


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Phillip Hunter and Tritia B. Samuel, a single man and a single woman , to Mortgage Electronic Registration Systems, Inc., solely as nominee for Ameritrust Mortgage Company, LLC, on the 24th day of March, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3243619; said mortgage having subsequently been transferred and assigned to HSBC Mortgage Services Inc., by instrument recorded in Inst #3371181, 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 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:


 


Being Lot No. 22, in Block No.2, in Oak Park Addition, according to Map thereof recorded in Plat Book B, Page 200, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.


 


THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, 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


274747


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Terry W. Murphy and Jennifer K. Murphy, husband and wife, to New Century Mortgage Corporation, on the 1st day of February, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2006-0427; said mortgage having subsequently been transferred and assigned to U.S. Bank National Association as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-NC1, Asset Backed Pass-Through Certificates, Series 2006-NC1; the undersigned U.S. Bank National Association as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-NC1, Asset Backed Pass-Through Certificates, Series 2006-NC1, 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 14, 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 for the hereinafter described parcel of land, commence at the SW corner of Fraction “L”; thence run South 88 Degrees 30 Minutes East along the South line thereof 1110.35 feet to a point; thence run North 01 Degree 37 Minutes West parallel with the East line of said Fraction “L” 20.02 feet to a point in the North line of Hood Road, which is the point of beginning of the parcel of land herein described; thence from said point of beginning continue North 01 Degree 37 Minutes West 400.31 feet to a point; thence run South 88 Degrees 30 Minutes East 212.49 feet to a point in said East line of Fraction “L”; thence run South 01 Degree 37 Minutes East along said East line 400.31 feet to a point in said North line of Hood Road; thence run North 88 Degrees 30 Minutes West along said North line 212.49 feet to the point of beginning and embracing portions of said Fraction “L” in Section 18, Township 13 South, Range 6 East of the Huntsville Meridian, Southside, Etowah County, Alabama.


Property Street Address: 1974 Hood Rd, 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.


U.S. Bank National Association as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-NC1, Asset Backed Pass-Through Certificates, Series 2006-NC1, Mortgagee/Transferee


Rebecca Redmond


SIROTE & PERMUTT, P.C.


P. O. Box 55727


Birmingham, AL  35255-5727


Attorney for Mortgagee/Transferee


www.sirote.com/foreclosures


114824


 


Dec 21, 28, 2012 & Jan 4, 2013


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Duston Wells and wife, Wendy Wells, tenants in common, to Wells Fargo Financial Alabama, Inc., dated September 22, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3256131.  Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO FINANCIAL ALABAMA, INC., 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 June 28, 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:


 


All that certain property situated in the County of ETOWAH, and State of ALABAMA, being described as follows: To reach a point of beginning for the hereinafter described parcel of land, commence at the SE corner of the SW 1/4 of the SE 1/4 in Section 30; Thence run North 02 degrees 23 minutes West along the East line thereof 396.63 feet to the SW corner of Lot 1 in Block 10, of C.A.E Subdivision; Thence continue North 02 degrees 23 minutes West along the West line of said Lot 1 and said East line of the SW 1/4 of the SE 1/4 57.90 feet to a point, which is the point of beginning of the parcel of land herein described; Thence from said point of beginning continue North 02 degrees 23 minutes West along said West line of Lot 1 and the East line of the SW 1/4 of the SE 1/4 150.47 feet to a point; Thence run South 87 degrees 25 minutes 00 seconds West parallel with the South line of said SW 1/4 of the SE 1/4 50.41 feet to a point in the East line of 4th Ave; Thence run North 15 degrees 37 minutes East along said East line 138.40 feet to a point on the SW line of Highland St (50 ft ROW); Thence run South 40 degrees 31 minutes East along SW line of Highland St. 95.82 feet to the NE corner of aforesaid Lot 1; Thence run South 07 degrees 04 minutes East along the East line of said Lot 1 207.04 feet to a point which is 36.73 feet North 07 degrees 04 minutes West of the SE corner thereof; Thence run South 87 degrees 25 minutes West 68.48 feet to the point of beginning and embracing portions of Lot 1 in Block 10 of C.A.E. Subdivision as recorded in Plat Book B, Page 323, Probate Office, Etowah County, Alabama, and portions of adjacent unplatted lands in aforesaid SW 1/4 of the SE 1/4 in Section 30, Township 12 South, Range 7 East of the Huntsville Meridian and lying and being in Glencoe, Etowah County, Alabama.


 


Property Street Address: 313 Highland Street, Glencoe, AL 35905 (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 Financial Alabama, Inc.


Mortgagee or Transferee


William G. Berry, Esq.


Attorney for Mortgagee or Transferee


Morris Hardwick Schneider, LLC


2718 20th Street South, Suite 210


Birmingham, AL 35209


http://foreclosure.closingsource.net


AL-90000383-12


THE ABOVE MORTGAGE FORECLOSURE SALE WAS POSTPONED TO August 3, 2012, AT THE TIME AND PLACE AS SET OUT ABOVE.


THE ABOVE MORTGAGE FORECLOSURE SALE WAS FURTHER POSTPONED TO September 12, 2012, AT THE TIME AND PLACE AS SET OUT ABOVE.


THE ABOVE MORTGAGE FORECLOSURE SALE HAS BEEN FURTHER POSTPONED TO October 17, 2012, AT THE TIME AND PLACE AS SET OUT ABOVE.


THE ABOVE MORTGAGE FORECLOSURE SALE HAS BEEN FURTHER POSTPONED TO November 27, 2012, AT THE TIME AND PLACE AS SET OUT ABOVE.


THE ABOVE MORTGAGE FORECLOSURE SALE HAS BEEN FURTHER POSTPONED TO January 11, 2013, AT THE TIME AND PLACE AS SET OUT ABOVE.


 


Dec 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Eric Mayo and Lanitta Mayo to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender, America’s Wholesale Lender, and Lender’s Successors and Assigns dated September 29, 2005, and Recorded in Doc. #:M-2005-4625 of the records in the Office of the Judge of Probate, Etowah County, Alabama; which said mortgage was subsequently assigned to Bank of America, N. A. Successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP by instrument recorded in Instrument No. 3369346 in 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 October 8, 2012, at the front door entrance of the Courthouse of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 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:


Commence at the Northwest corner of the Northwest 1/4 of the Southwest 1/4, Section 34, Township 11 South, Range 3 East, and run Easterly along the North line of said Northwest 1/4 of the Southwest 1/4 a distance of 1326.0 feet to the Northeast corner thereof; thence deflect 124 degrees 24 minutes right and run a distance of 415375 (more correctly as 415.74) feet to a Point on the Easterly right of way line of the Altoona-Walnut Grove Highway, which is the Point of Beginning.  From said Point of Beginning deflect 1 degrees 36 minutes left and run in a Southwesterly direction along the Easterly line of said Altoona-Walnut Grove Highway a distance of 83.29 feet; thence deflect 2 degrees 53 minutes left and continue Southwesterly along said Easterly right of way line a distance of 129.6 feet; thence deflect 87 degrees 07 minutes left and run a distance of 169.09 feet; thence deflect 77 degrees 50 minutes left and run a distance of 217.63 feet; thence deflect 102 degrees 10 minutes left and run a distance of 221.38 feet to the Point of Beginning.  The above Parcel of land being a portion of the Northwest 1/4 of the Southwest 1/4, Section 34, Township 11 South, Range 3 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 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.


Bank of America, N. A.


Mortgagee


Beth McFadden Rouse


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


The sale provided for hereinabove which was originally scheduled for October 8, 2012; and further postponed until November 30, 2012 was further postponed by public announcement being made at the public entrance of the Etowah County Court House, 800 Forrest Avenue, Gadsden, Alabama 35901, during the legal hours of sale.  Said foreclosure sale shall be held on January 14, 2013 at the public entrance of the Etowah County Court House, 800 Forrest Avenue, Gadsden, Alabama 35901, during the legal hours of sale.


 


Dec 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 19, 2007, executed by Kimberly D. Cothran, to Mortgage Electronic Registration Systems, Inc., as nominee for MortgageAmerica, Inc., which mortgage was recorded on November 20, 2007, in Instrument No. 3283960, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, together with the indebtedness secured thereby, and the note evidencing the same, duly transferred to JPMorgan Chase Bank, N.A., the undersigned has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and 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 August 28, 2012, the following described real estate, situated in Etowah County, Alabama, to-wit:


 


Lot Number Thirteen and the northeast half of Lot Number Fourteen all in Block Number Eight of the W. T. Cox South Addition to East Gadsden, according to the Rearrangement of said Addition as shown by map or plat thereof recorded in Book of Town Plats B, Page 360, in the Office of the Judge of Probate of Etowah County, and lying and being in the city of Gadsden, Etowah County, Alabama.


JPMorgan Chase Bank, N.A.


Transferee


Robert J. Wermuth/acl


Stephens Millirons, P.C.


P.O. Box 307


Huntsville, Alabama  35804


Attorney for Mortgagee


 


The sale provided for hereinabove was postponed on August 28, 2012; was further postponed until October 16, 2012; was further postponed until November 27, 2012; was further postponed on the 27th day of November, 2012, by public announcement being made in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.  Said foreclosure sale shall be held on January 8, 2013, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.


 


Dec 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Brett A. Matthews and Kellie M. Overbey, husband and wife  to Mortgage Electronic  Registration Systems, Inc.,(MERS) acting solely as nominee for Lender  First Federal Bank and Lender’s successors and assigns dated April 30, 2010, and Recorded in Instrument Number 3331414 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP by instrument recorded in Instrument Number 3363729 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 October 24, 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:


LOTS THIRTEEN (13) AND FOURTEEN (14) IN BLOCK FIFTY-SIX (56) OF SOUTH GADSDEN ADDITION, AS RECORDED IN PLAT BOOK “B”, PAGES 314 AND 315, PROBATE OFFICE, 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.


Bank of America, N.A., 


Mortgagee


William S. McFadden


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


The sale provided for hereinabove which was originally scheduled for October 24, 2012; and further postponed until November 26, 2012 was further postponed by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Avenue, Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on January 16, 2013 at the public entrance of the Etowah County Court House, 800 Forest Avenue, Gadsden, AL 35901, during the legal hours of sale.


 


Dec 21, 2012


 


MORTGAGE


FORECLOSURE SALE


 


Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Cullen J. Rusk and Janna M. McDonald to Hankins Mortgage Company, Inc. dated May 28, 1987, and Recorded in Book 1539, Page 348 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was  assumed by Gary Holcomb and Karen Holcomb, husband and wife which said mortgage was subsequently assigned to Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP by recorded in Instrument No. 3345038 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 March 9, 2012, at the front door of the Courthouse of Etowah County, Alabama, 800 Forest Ave 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 NUMBER SEVEN (7) IN BLOCK NUMBER SEVEN (7) OF R. A. GRIFFIN, FIRST SUBDIVISION EAST GADSDEN, ALABAMA, AS RECORDED IN PLAT BOOK “A”, PAGE 422, IN THE PROBATE OFFICE OF ETOWAH COUNTY, GADSDEN, 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.


Bank of America, N.A.


Mortgagee


William S. McFadden


McFadden, Lyon & Rouse, L.L.C.


718 Downtowner Blvd.


Mobile, AL  36609


 


The sale provided for hereinabove which was originally scheduled for the  9th  day of March, 2012,  was further postponed until April 13, 2012, and further postponed until May 31, 2012; and further postponed until July 16, 2012; and further postponed until August 23, 2012; and further postponed until October 9, 2012; and further postponed until November 28, 2012 was further postponed  by public announcement being made at the public entrance of the Etowah County Court House, 800 Forest Ave Gadsden, AL 35901, during the legal hours of sale.  Said foreclosure sale shall be held on January 16, 2013 at the public entrance of the Etowah County Court House, 800 Forest Ave Gadsden, AL 35901, during the legal hours of sale.


 


Dec 21, 2012


 


NOTICE TO


FILE CLAIMS


 


CASSANDRA SMITH, appointed Personal Representative (s) on November 13, 2012, Estate of OLIVER WAYNE SMITH, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


RODNEY WARD, appointed Personal Representative (s) on November 21, 2012, Estate of BENJAMIN ANDREW HARRIS, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


HOMER JOSEPH WITHROW, appointed Personal Representative (s) on November 13, 2012, Estate of AMY CAROLYN WITHROW, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


GARY WAYNE BROWN, appointed Personal Representative (s) on November 21, 2012, Estate of CLAUDIA G. BROWN, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


DONNA NICHOLS FULENWIDER, appointed Personal Representative (s) on November 19, 2012, Estate of FRANCES LOUISE NICHOLS, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


PATRICK M. MCLEOD, appointed Personal Representative (s) on November 26, 2012, Estate of HAROLD L. MCLEOD, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


DONALD LEE MURPHREE, appointed Personal Representative (s) on November 15, 2012, Estate of HAZEL VIOLA MURPHREE, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


JIM ROEBUCK, appointed Personal Representative (s) on November 20, 2012, Estate of MARION JANET ROEBUCK, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


GLENN EDWARD SMITH, JR. AND LISA ROPER, appointed Personal Representative (s) on November 27, 2012, Estate of ELLEN REAVES SMITH, 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 7, 14 & 21, 2012


 


NOTICE TO


FILE CLAIMS


 


LOUIE WALLS appointed Personal Representative on November 16, 2012 Estate of SAMUEL L. WALLS, 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 14, 21 & 28, 2012


 


NOTICE TO


FILE CLAIMS


 


SHERRY ELLEN BORING appointed Personal Representative on December 5, 2012 Estate of MICHAEL EDWARD BORING, 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 14, 21 & 28, 2012


 


NOTICE TO


FILE CLAIMS


 


MARGARET JEAN SEWELL DAVIS appointed Personal Representative on December 5, 2012 Estate of JEAN P. SEWELL, 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 14, 21 & 28, 2012


 


NOTICE TO


FILE CLAIMS


 


CURTIS JONES, appointed Personal Representative on December 7, 2012 Estate of HERMAN JONES, SR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.


 


Bobby M. Junkins


Judge of Probate


 


Dec 14, 21 & 28, 2012


 


NOTICE TO


FILE CLAIMS


 


RANDALL CARROLL LANHAM, JR., appointed Personal Representative on November 15, 2012 Estate of RANDALL CARROLL LANHAM, 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 14, 21 & 28, 2012


 


NOTICE TO


FILE CLAIMS


 


STEPHEN F. SPRINGFIELD appointed Personal Representative(s) on October 12, 2012 Estate of MARGARET N. MERRILL, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


JEFFERY FRANK BEDWELL appointed Personal Representative(s) on December 6, 2012 Estate of BILLY FRANK BEDWELL, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


CAROLYN SUE GILBERT appointed Personal Representative(s) on December 7, 2012 Estate of RICHARD Y. GILBERT, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


CAROLYN SUE GILBERT appointed Personal Representative(s) on December 7, 2012 Estate of ERLENE R. GILBERT, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


RICKEY DEAN HESS appointed Personal Representative(s) on December 10, 2012 Estate of HARVEY INGRAM, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


RONALD L. JOHNSON appointed Personal Representative(s) on December 11, 2012 Estate of ALETHA MAE EUBANKS, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


RUTH ANN PRICE, ANNA MAE HAMRICK AND PATRICK NEAL PATTERSON appointed Personal Representative(s) on November 21, 2012 Estate of MITCHELL AVERY THRASHER, 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 21, 28, 2012 & Jan 4, 2013


 


NOTICE TO


FILE CLAIMS


 


LARRY SMITH appointed Personal Representative(s) on December 6, 2012 Estate of STEVE ALLEN SMITH, 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 21, 28, 2012 & Jan 4, 2013


 


LEGAL NOTICE


 


McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. EB-0077(510) in Etowah County. This notice will appear for four consecutive weeks beginning on November 30, 2012 and ending on December 21, 2012. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.


 


McCartney Construction, Inc.


 


Nov 30, Dec 7, 14 & 21, 2012


 


LEGAL NOTICE


 


McCartney Construction Company, Inc. hereby gives notice of completion of contract with the City of Gadsden for construction of JBW&T Project No. 10015, Gadsden Bid No. 3180 in Etowah County. The notice will appear for four consecutive weeks beginning December 14, 2012 and ending on January 4, 2013. 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 14, 21, 28, 2012 & Jan 4, 2013


 


LEGAL NOTICE


 


ABANDONED PROPERTY: Sale for storage at 8:00 o’clock a.m. on December 27, 2012 at 852 Chestnut Street, Gadsden, Alabama. One 2009 trailer VP 4000 VIN# 5V8VA53 209M 900171


 


Dec 14 & 21, 2012


 


LEGAL NOTICE


 


NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP


TO: Next of kin whose names and whereabouts are unknown


You will please take notice that a Petition for Letters of Guardianship of Loretta Patrick, was filed in my office for Probate by the North East Alabama MR/DD Authority, and that the 17th day of January, 2013 at 10:30 a.m., was appointed a day and time for hearing thereof, at which time you appear and contest the same, if you see proper.


ORDERED on this the 7th day of December, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Dec 21, 28, 2012 & Jan 4, 2013


 


LEGAL NOTICE


 


IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO.: JU-2011-029.02


IN THE MATTER OF:


M.E. DOB: 05/19/1999


NOTICE OF PETITION SEEKING TERMINATION OF PARENTAL RIGHTS


Notice to: Andres Baltazar a/k/a Baltazar Andres


Andres Baltazar a/k/a Baltazar Andres, father of M.E., a minor child born on May 19, 1999, to Eulalia Baltazar, said father’s whereabouts being unknown, must answer the Etowah County Department of Human Resources’ Petition seeking the termination of parental rights within fourteen (14) days from the last date of this publication notice or thereafter a Judgment by Default may be rendered against him in Case Number JU-2011-029.02 in the Juvenile Court of Etowah County, Alabama.


Done this 14th day of December, 2012.


 


Will Clay


District/Juvenile Judge


 


Laura T. Lloyd


Attorney for the Etowah County Department of Human Resources


P. O. Box 129/200 Chestnut Street


Gadsden, AL 35902


 


Dec 21, 28, 2012, Jan 4 & 11, 2013


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-7152


WILL PROBATE OF CURTIS EDWARD SNEAD III, DECEASED


To: Mr. Curtis E. (Eddie) Snead IV, 63623 Indian Valley Road San Miguel, CA 93451


A hearing on the Petition for Probate of the will of Curtis Edward Snead III deceased will be held before me at 2:00 o’clock p.m. on the 24th day of January, 2013 at the Etowah County Courthouse in Gadsden, Alabama.


 


Bobby M. Junkins


Judge of Probate


 


Dec 21, 28, 2012, Jan 4 & 112, 2013


 


LEGAL NOTICE


 


IN THE PROBATE COURT OF ETOWAH COUNTY


CASE NO. S-7150


IN THE MATTER OF: Jason Gaddison, AN INCAPACITATED PERSON


NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP


TO: Next of kin whose names and whereabouts are unknown


You will please take notice that a Petition for Letters of Guardianship of Jason Gaddison, was filed in my office for Probate by the North East Alabama MR/DD Authority, and that the 16th day of January, 2013, at 10:00 a.m., was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.


ORDERED on this the 11th day of December, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Dec 21, 28, 2012 & Jan 4, 2013


 


NOTICE OF


PUBLICATION


 


JOHNNY RAY RICHARDSON, whose whereabouts are unknown, must answer the Petition of BRANDI NICOLE RICHARDSON 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 Brandi Nicole Richardson 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 DR-2009-265.01, pending in the Circuit Court of Etowah County, Alabama.


 


Rodney L. Ward


Attorney for Petitioner


827 Chestnut Street


Gadsden, AL 35901


 


Nov 30, Dec 7, 14 & 21, 2012


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT, STATE OF ALABAMA, COUNTY OF ETOWAH


 


IN THE MATTER OF THE ADOPTION PETITION OF: ZELDA BROOKS AND BILLY BROOKS


CASE NO: A-607


NOTICE TO: UNKNOWN FATHER, ADDRESS UNKNOWN


You will take notice that a Petition for the Adoption of a minor child born unto CANDI HORTON, natural mother, set to be heard on January 24, 2013 @ 11:30, a.m., filed on the 1st day of November, 2012, alleging that the whereabouts of the natural father, unknown, is unknown. Minor child’s birth date is 8-15-1999/


Please be advised that should you intned to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein, with Tammy W. Parris, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 187, Gadsden, AL 35902.


This the 26th day of November, 2012.


Attorney for Petitioner:


Tammy Watkins Parris, Esq, 945 Chestnut Street, Gadsden, AL 35901.


 


Bobby M. Junkins


Judge of Probate


 


Nov 30, Dec 7, 14 & 21, 2012


 


NOTICE OF


PUBLICATION


 


ERICK RAY EDWARDS, whose whereabouts are unknown, must answer the Petition of Thomas Michael Penney and Sandra Jean Penney, by seeking relief by January 22, 2013, or thereafter a judgment of default may be rendered against him in Civil Actions JU-10-447.02; JU-10-448.02 and JU-10-449.021-CWO, in the District Court of Etowah County, Alabama.


Dated October 16, 2012


 


Nov 30, Dec 7, 14 & 21, 2012


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


IN THE MATTER OF THE ADOPTION PETITION OF


LONNIE G. FOMBY AND VERONICA JOY FOMBY


NOTICE OF ADOPTION TO THE UNKNOWN OR UNDISCLOSED PARENT OF: A CHILD BORN OT BRITTNEY BREUNCA FIKES


NOTICE TO: UNKNOWN FATHER, ADDRESS UNKNOWN


You will take notice that a Petition for the Adoption of a minor child born to Brittney Breunca Fikes natural mother, set to be heard on January 24, 2012 at 11:00 a.m., was filed on the 20th day of Aug, 2012, alleging that the identity of the natural father of said minor child is unknown and has not been disclosed to the court, and whose relationship of said unknown or undisclosed natural father to the aforesaid minor child is that of putative father. Minor child’s birth date is May 1, 2011.


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 Kenneth P. Robertson, whose name and address is shown below, and) with the Clerk of the Probate Court of Etowah County, Alabama, P. O. Box 107, Gadsden, AL 35902


Attorney for the Petitioner: Kenneth P. Robertson, 926 Third Avenue, Gadsden, AL 35901.


This the 26th day of November, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Nov 30, Dec 7, 14 & 21, 2012


 


NOTICE OF


PUBLICATION


 


TRACEY CROWLEY, 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


 


Dec 7, 14, 21 & 28, 2012


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-7141


RE: The Estate of KENNETH L. ELROD, deceased.


To: Pamela Sue Elrod and Shelia Dianne Elrod, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence.


You are hereby notified that on the 4th day of October, 2012, A petition by Linda Sue Elrod was filed seeking to probate an instrument purporting to be the Last Will and Testament of Kenneth L. Elrod, deceased.


That the 23rd day of January, 2012 at 10:00 o’clock is set and fixed by this Court as the day and time for hearing on said petition.


Done and ordered this 4th day of December, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Dec 7, 14 & 21, 2012


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


CASE NO. S-6964


IN THE MATTER OF: THE ESTATE OF: ALONZO L. WALTERS, Deceased.


NOTICE TO: Amina Thompson, Vashon Thompson, Dane Thompson.


You will take notice that a Petition for Probate of the Last Will and Testament of Alonzo L. Walters, is set to be heard on the 9th day of January, 2013 at 10:00 a.m.


Please be advised that should you intend to contest this Petition to have the Will probated, you must file a written response within thirty (30) days of the date of the last publication herein with Patricia Granger, whose name and address is shown and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 801 Forrest Avenue, Gadsden, Alabama.


Done this 28th day of November, 2012.


 


Bobby M. Junkins
Judge of Probate


 


Dec 14, 21, 28, 2012 & Jan 4, 2013


 


NOTICE OF


PUBLICATION


 


IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA


Case No. S-7160


In Re: The Estate of JERRY ALLEN SAULS, Deceased


Notice to: Jerry Lee Sauls, whose whereabouts are unknown


You will hereby take notice that on this day came Loretta Jean Sauls and filed a Petition to Admit Will to Probate and for Letters Testamentary and appointing Loretta Jean Sauls as such Personal Representative.


You are hereby notified to appear before me, at my office in the Courthouse of said County, on the 23rd day of January, 2013, at 10:30 o’clock a.m. when the Petition to Admit Will to Probate and for Letters Testamentary will be considered, and to show cause, if any, why Loretta Jean Sauls should not be appointed Personal Representative over the Estate of Jerry Allen Sauls.


This, the 12th day of December, 2012.


 


Bobby M. Junkins


Judge of Probate


 


Dec 21, 28, 2012 & Jan 4, 2013


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on January 21, 2013 for charges due.


 


1995 Mercury Villager VIN# 4M2DV 11H25SDJ 48166


 


Ashley Williamson


913 North 36 St


Gadsden, AL 35904


 


Dec 14 & 21, 2012


 


NOTICE OF


VEHICLE POSSESSION


 


Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on January 21, 2013 for charges due.


 


1995 Jeep Grand Cherokee VIN# 1J4FX58S0 SC758408


 


Tri City Towing


2930 Wills Creek Rd


Gadsden, AL 35904


 


Dec 14 & 21, 2012


 


 


 

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