Legal notices for the week of October 2-9, 2015

FacebookGoogle+TwitterLinkedIn

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Adam G. Helms, a single man, to Elaine Marie Paseur Mayes, Susan Margaret Paseur Andrew and James David Paseur dated July 31, 2009, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument #3317756; the undersigned mortgage owners, Elaine Marie Paseur Mayes, Susan Margaret Paseur Andrew and James David Paseur, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 20th day of October, 2015, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

A lot or parcel of land described as commencing at the intersection of the dividing line between Lots 4 and 5 with the Northwesterly line of Bellevue Drive as shown by the map of the First Addition to Monte Vista, recorded in Plat Book “F”, Page 327, Probate Office, Etowah County, Alabama; and from thence running in a Northeasterly direction along the Northwesterly line of Bellevue Drive a distance of 50 feet to a point; and from thence running in a Northwesterly direction and parallel with said dividing line between Lots 4 and 5 a distance of 220 feet to the Northwesterly line of said Lot 5; and from thence running in a Southwesterly direction along the Northwesterly lines of Lots 5 and 4 a distance of 100 feet to a point; and from thence running in a Southeasterly direction and parallel with said dividing line between Lots 4 and 5 a distance of 220 feet to the Northwesterly line of Bellevue Drive; and from thence running in a Northeasterly direction along said Northwesterly line of Bellevue Drive a distance of 50 feet to the point of beginning; being what is commonly called the Southwesterly ½ of Lot Number 5 and the Northeasterly ½ of Lot Number 4, all in Block 3 of the First Addition to Monte Vista, according to the map or plat thereof as the same appears of record in Plat Book “F”, Page 327, Probate Office, Etowah County, Alabama; lying and being in Gadsden, Etowah County, Alabama.

The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.

Elaine Marie Paseur Mayes,

Susan Margaret Paseur Andrew and

James David Paseur

Mortgage Owners

COPELAND LAW FIRM, LLP

Attorneys for owner

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mary E. Johnson, an unmarried woman, to Family Savings Federal Credit Union on the January 10, 2007, said mortgage being recorded at Instrument #3263001, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on October 12, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lots 31, 32, 33 and 34 in Block “A” of Green Pastures, Unit Two, according to the map or plat thereof recorded in Plat Book “C”, Pages 276-277, Probate Office, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Family Savings Credit Union (fka Family Savings Federal Credit Union)

BY: /s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by David Bryant, an unmarried man as his sole and separate property, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Southeastern Financial, Inc, on the 5th day of March, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number M-2004-1277; the undersigned Federal National Mortgage Association (“Fannie Mae”), 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 November 9, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Seven (7) in Block Number Two (2), of Broadview Subdivision, as recorded in Plat Book “C”, Page 371, Probate Office, Etowah County, Alabama, subject to rights of Alabama Power Company as shown in Book 3-N, Page 42 and Book 6-P, Page 265; Rights of Alabama Gas Corporation as shown in Book 6-P, Page 310, and restrictions as shown in Misc. Record “R”, Page 233, said Probate Office.

Property street address for informational purposes:  235 E Walnut St, Gadsden, AL 35903

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

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

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

This sale is subject to postponement or cancellation.

Federal National Mortgage Association (“Fannie Mae”), Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

369323

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 27, 2009 by Donald G. Chancy, a single man, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, and recorded in Instrument # at 3319179 on August 28, 2009, in the Office of the Judge of Probate of Etowah County, Alabama. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on October 19, 2015, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Begin at an existing 1” pipe at the Northwest corner of lot#1, Block “2”, of Unit No.1 to Belvedere Heights, as recorded in Plat Book “F”, Page 211, Etowah County Probate Office, being on the South R/W of Marker Road (32.50 R/W) and run N 86.38’50” E, along said R/W, 112.70 feet to a point of curve to the right having a radius of 20.00 feet and an arclength of 38.42 feet to a point on the West R/W of Mccord Avenue (60’ R/W); thence run S 16° 142’57” W, along said West R/W, 28.49 feet to a point; thence run S 21°06’’50” W, along said West R/W, 48.60 feet to a point; thence run N 78°03’20” W, leaving said R/W, 134.72 feet to a point on the West line of said lot; thence run N 21°07’00” E, along said West line, 68.47 feet to the point of beginning. Said property being a portion of Lot #1, Block “2”, Unit No. 1 to Belvedere Heights, Etowah County, Alabama and contains 0.26 acre (more or less) 

For informational purposes only, the property address is: 2115 McCord Ave, Gadsden, AL 35903.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

JPMorgan Chase Bank, National Association, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007180

Attorneys for Mortgagee or Transferee

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Harold Devin Baugh, a married man and his wife Jessica Baugh to Mortgage Electronic Registration Systems, Inc. as nominee for Finance America, LLC , on July 29, 2005, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 3186, Page 235; and subsequently transferred to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO IMH ASSETS CORP., COLLATERALIZED ASSET-BACKED BONDS, SERIES 2005-7; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO IMH ASSETS CORP., COLLATERALIZED ASSET-BACKED BONDS, SERIES 2005-7, 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 October 13, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

All that part of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 15, Township 10 South Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a stone corner found at the Northeast corner of the S 1/2 of the SW 1/4 of the NW 1/4 of said section; thence N 88 deg 28 min 57 sec W a distance of 332.12 feet to an iron pin set; thence S 02 deg 09 min 01 sec E a distance of 495.00 feet to an iron pin set at the point of beginning. From said point of beginning, continue S 02 deg 09 min 01 sec E a distance of 233.41 feet to an iron pin set on the Northerly right-of-way (60`) of Whitesboro Road; thence along said right-of-way, the following chord bearings and distances: N 59 deg 29 min 40 sec W a distance of 9.80 feet; N 65 deg 00 min 46 sec W a distance of 46.66 feet; N 69 deg 46 min 57 sec W a distance of 43.59 feet; thence N 76 deg 17 min 54 sec W a distance of 41.21 feet to an iron pin set; thence leaving said right-of-way, N 02 deg 09 min 01 sec W a distance of 187.31 feet to an iron pin set; thence S 88 deg 28 min 57 sec E a distance of 130.00 feet to the point of beginning, containing 0.62 acres, more or less, less and except any easements or rights-of-way, and being a portion of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 15, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. 

Together with a non-exclusive thirty foot (30`) easement for ingress/egress and use of utilities, more particularly described as follows: Commencing at a stone corner found at the Northeast corner of the S 1/2 of the SW 1/4 of the NW 1/4 of said section; thence N 88 deg 28 min 57 sec W a distance of 332.12 feet to an iron pin set; thence S 02 deg 09 min 01 sec E a distance of 165.00 feet to an iron pin set; thence N 88 deg 28 min 57 sec W distance of 130.00 feet to the point of beginning of said easement; thence S 02 deg 09 min 01 sec E a distance of 517.31 feet to an iron pin set on the Northerly right-of-way (60`) of Whitesboro Road; thence along said right-of-way, N 77 deg 06 min 16 sec W a distance of 31.00 feet to an iron pin set; thence leaving said right-of-way, N 02 deg 09 min 01 sec W a distance of 511.18 feet to a point; thence S 88 deg 28 min 57 sec E a distance of 30.00 feet to the terminus of said

easement. (f/richey.lightsey.tr 10)

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

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO IMH ASSETS CORP., COLLATERALIZED ASSET-BACKED BONDS, SERIES 2005-7

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Melissa A. Sheffield, an unmarried woman, and Adam T. Stinson, an unmarried man, to Family Savings Federal Credit Union on the September 10, 2003, said mortgage being recorded at Doc. #M-2003-4724, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on October 12, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Four (4) in Green Valley Lake Estates, Unit #7, as shown by the map or plat thereof recorded in Plat Book H, page 28, Probate Office, Etowah County, Alabama, and lying and being in Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Family Savings Credit Union (fka Family Savings Federal Credit Union)

BY:/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Charles Keith Bickerstaff and Kristie Deann Bickerstaff, husband and wife, to Long Beach Mortgage Company, on June 13, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, M-2003-3389; and subsequently transferred to U.S. Bank National Association, as Trustee for the registered holders of GSAMP Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1; U.S. Bank National Association, as Trustee for the registered holders of GSAMP Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1, 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 October 20, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at the Southeast corner of Section 13, T-10-S, R-4-E, in Etowah County, Alabama; thence N00° 30`00”W along the East line of said section a distance of 1856.50 feet to a metal marker; thence leaving the above East line N89°09`00”W a distance of 437.70 feet to a point in the center of Union-Pleasant Hill Road (60` R/W); thence S89° 29`00”W along the centerline of said road a distance of 753.80 feet to the point of beginning for the parcel herein described; thence continue along the centerline S89° 33`24”W (M) S89° 29`00”W (R) a distance of 208.41 feet (M) 208.70 feet (R) to a point in the center of Misty Lane (30` R/W) extended; thence N02° 32`00”W along the centerline of said Misty Lane a distance of 417.70 feet; thence leaving the above center N89° 33`24”E (M) N89°29`00”E (R) a distance of 208.41 feet (M) 208.70 feet (R); thence S02° 32`00”E, a distance of 417.70 feet to the point of beginning. Said property being a portion of Section 13, T-10-S, R-4-E, Etowah County, Alabama.

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

U.S. Bank National Association, as Trustee for the registered holders of GSAMP Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), to WinSouth Credit Union, on the 8TH day of September, 2004, said mortgage being recorded at Document Number M-2004-3982, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

PARCEL ONE:

Commence at an existing pinch-pipe at the intersection of the South R/W of  Chestnut Street (60’ R/W) with the West R/W of South 8th Street (40’ R/W) and run Westerly along said South R/W, 412.80 feet(M) 412.70 feet (R) to an existing bolt and the point of beginning of the property described herein; thence continue Westerly along said South R/W, 140.03 feet (M) 140.00 feet (R) to an existing bolt; thence deflect 81° 37’ 35’ (M) 82° 16’ 00” (R) left leaving said South R/W and run Southwesterly, 263.31 feet (M) 263.10 feet (R) to an existing ¾” pipe on the Easterly line of Lot #6, of the Metropolitan Subdivision, Unit Three, as recorded in Plat Book “G”, Page 251, Etowah County Probate Office; thence deflect 89° 42’ 06” (M) 89° 35’ 00” (R) left and run Southeasterly, 69.24 feet (M) 70.00 feet (R) to an existing fence post on the West line of Lot #7, of said subdivision; thence deflect 90° 09’ 32” (M) 90° 25’ 00” (R) left and run Northeasterly along said West line of Lot #7, 108.28 feet (M) 108.10 feet (R) to an existing concrete monument; thence deflect 81° 00’ 16” (M) 82° 15’ 00” (R) right and run Easterly, 70.00 feet to a point; thence deflect 81° 11’ 31” left and run Northeasterly, 165.00 feet to the point of beginning.  Said property being a portion of the SW ¼ of the SW ¼, Section 4, T-12-S, R-6 East of the Huntsville Meridian, Etowah County, Alabama and contains 0.79 acre (more or less).

The address being 842 and 846 Chestnut Street Gadsden, Alabama 35901.

PARCEL TWO:

Beginning at the Southeast corner of the Southwest Quarter of the Northwest Quarter, Section 20, Township 12 South, Range 6 East; thence running Westerly along the South line of said forty for 955.7 feet to a point in the Easterly right of way line of Sutton Bridge Road; thence running Northerly and along the Easterly line of said road for 206.43 feet to a point; said point being the point of beginning; thence running Easterly and parallel with the Southerly line of said forty for 883.8 feet to a point; thence deflecting to the left so as to form an interior angle of 62 degrees 0’ and running 194.92 feet to a point; thence deflect to the left 62 degrees 0’ and running parallel to the Southerly line of said forty for 822.4 feet to a point in the Easterly right of way line of Sutton Bridge Road; thence deflect to the left and running along said Easterly line of said road for 175.0 feet to the point of beginning; lying in and being a portion of the Southwest Quarter of the Northwest Quarter in Section 20, Township 12 South, Range 6 East Township of Rainbow City, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 17TH day of April, 2012, said mortgage being recorded at Instrument Number 3365738, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Commence at a point being 75 feet Southwesterly of and perpendicular to the centerline of a service road on Project No. I-759-7(2), station 91+70, and run along the Southwesterly right-of-way line of I-759 and along a curve to the right having a Delta =04°24’48”, Radius = 3894.72  feet a distance of 299.92 feet measured along the chord of said curve having a chord bearing of North 65°09’00” West, said line also being the Northeasterly line of the McCord Communications, Inc. property as recorded in Deed Book 1492, Page 159, Etowah County Probate Office to the Northwest corner of said property marked by an existing ½” pipe and the point of beginning.  From said point of beginning and leaving said right-of-way line run South 24°55’00” West a distance of 263.41 feet to an existing 1” pipe on the 511 contour of the H. Neely Henry Reservoir, thence run in a Southwesterly and Northwesterly direction along the meanderings of said 511 Contour a distance of 667 feet +/- to an existing 5/8” rebar on the Southeast line of the Crosspoint Community Church property as recorded in Doc #D-2005-0263, Etowah County Probate Office; thence leaving said 511 Contour run North 17°11’45” East along said Southeast line a distance of 222.93 feet to an existing capped iron stamped PLS 17253 Kennedy on the Southwest right-of-way line of I-759; thence run South 56°45’52” East along said right-of-way line and 75 feet Southwest of and perpendicular to the Centerline of said service road a distance of 327.39 feet to an existing ½” rebar, thence run along said right-of-way line and along a curve to the left having a Delta = 04°02’42” Radius = 3894.72 feet a distance of 274.91 feet measured along the chord of said curve having a chord bearing of South 60°41’11” East to the point of beginning.  Said parcel of land being a portion of Fractions #1 and #9, Section 18, T-12-S, R-8-E, lying and being in the City of Gadsden, Etowah County, Alabama, and containing 3.94 acres more or less.

(Commonly known as 2702 Wills Creek Road, Gadsden, Alabama).

 

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union),, on the 6TH day of July, 2004, said mortgage being recorded at Document Number M-2004-2918, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Two (2) and portions of Lot Number Four (4), in Block Eight (8), of Gadsden Land and Improvement Co., Gadsden, Alabama, as recorded in Plat Book “A”, page 23, Probate Office, Etowah County, Alabama,  more particularly described as follows:  Begin at a point 50 feet South 84°18’ East, along a 12 foot alley from the Southwest corner of Lot No. 4 Block No. 8 of said subdivision; thence from said point of beginning continue along said alley South 84° 18’ East, 89.94 feet to the West R/W of South Eleventh Street; thence run North 10° 30’ East, 96.55 feet along said West R/W to the South R/W of Third Avenue; thence run North 61° 10’ West, 107.64 feet along said South R/W to a point; thence run South 5° 18’ West, 138.5 feet to the point of beginning (commonly known as 1102 3rd Avenue, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 18TH day of February, 2005, said mortgage being recorded at Document Number M-2005-0732, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Thirteen (13) in Block Number Three (3) in Coosa Land Company’s North Tenth Street Addition, according to the map thereof as recorded in Plat Book “B”, page 373, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama, save and except all minerals, mineral and mining rights, privileges and interest in, under and upon the same.

(Commonly known as 1006 North 10th Street, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 6TH day of July, 2004, said mortgage being recorded at Document Number M-2004-2916, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Commence at the Northwest corner of Third Avenue and Eleventh Street; thence run Northerly along the Westerly right of way line of Eleventh Street a distance of 124.91 feet to an existing iron pin, said point being the point of beginning; thence deflect 90° 03’ 58” left and run Westerly for a distance of 100.12 feet to an existing iron pin; thence deflect 90° 10’ 16” right and run Northerly for a distance of 50.05 feet to an existing iron pin; thence deflect 89° 50’ 17” right and run easterly for a distance of 100.02 feet to an existing iron pin on the Westerly right of way line of Eleventh Street; thence deflect 90° 03’ 25” right and run Southerly along said right of way for a distance of 50.03 feet to the point of beginning.  Said description embracing a portion of Lots 2 and 4 in Block 6 of Kyle Survey of the Gadsden Land and Improvement Company’s Addition to the City of Gadsden, as recorded in Plat Book “A”, page 23, Probate Office, Etowah County, Alabama (commonly known as 115 South 11th Street, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 6TH day of July, 2004, said mortgage being recorded at Document Number M-2004-2920, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot No Twelve (12) in Block Number Nineteen (19) of the Gadsden Land & Improvement Company’s Kyle Addition to the City of Gadsden, Etowah County, Alabama, said lot located on the north side of Eighth Avenue or Walnut Street between Eleventh and Twelfth Streets, in said City of Gadsden.  ALSO Lot Number Fourteen (14) in Block Number Nineteen (19) of the Gadsden Land and Improvement Company’s Kyle Addition, according to the map thereof recorded in Plat Book “A”, page 23, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, (commonly known as 1121 Walnut Street, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 6TH day of July, 2004, said mortgage being recorded at Document Number M-2004-2919, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot #4 and the West 12 feet of Lot #5 in Block #1 of the Pegram Addition No. 1 to the City of Gadsden, Alabama, as it is recorded in Plat Book “B”, on page 309 in the Probate Office of Etowah County, Alabama.  LESS AND EXCEPT:  Begin at the Northeast corner of Lot Number 6, Block Number 1 of the Pegram Addition Number 1 as recorded in Plat Book “B”, page 309 in the Probate Office of Etowah County, Alabama and run Westerly along the North lines of Lot Number 6 and Lot Number 5 also being the South right of way line of Walnut Street, a distance of 90.82 feet; thence deflect 89°12’ left and run a distance of 42.07 feet; thence deflect 88° 44’left and run a distance of 6.77 feet; thence deflect 88° 11’ right and run a distance of 32.85 feet; thence deflect 90° 39’ right and run a distance of 8.65 feet thence deflect 90° 34’ left and run a distance of 75.3 feet to a point on the South line of Lot Number 5; thence deflect 90° 20’ left and run Easterly along the South line of Lots Number 5 and 6 a distance of 69.5 feet to the Southeast corner of said Lot Number 6; thence deflect 80° 47’ left and run Northeasterly along the East line of said Lot Number 6 also being the Northwesterly right of way line of 12th Street a distance of 152.3 feet to the point of beginning.  Said parcel of land being all of Lot Number 6 and a portion of Lot Number 5, Block Number 1 of the Pegram Addition Number 1 as recorded in Plat Book “B”, page 309, in the Probate Office of Etowah County, Alabama lying and being in Gadsden, Etowah County, Alabama (commonly known as 1204 Walnut Street, Gadsden, Alabama 35904).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 6TH day of July. 2004, said mortgage being recorded at Document Number M-2004-2917, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

West ½ of Lot 20 and the East 16.2/3 feet of Lot 22, Block 20, of Gadsden Land and Improvement Kyle Addition, according to the map or plat thereof, as recorded in Plat Book “A”, page 23, Probate Office, Etowah County, Alabama, (commonly known as 1136 Walnut Street, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 18TH day of April, 2005, said mortgage being recorded at Document Number M-2005-1603, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

The West 33.4 feet of Lot 22 and the East 8.2 feet of Lot 24 in Block 20 of Gadsden Land & Improvement Company’s Kyle Addition to Gadsden, Alabama, as recorded in Plat Book “A”, page 23, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama.

(Commonly known as 1138 Walnut Street, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 6TH day of July, 2004, said mortgage being recorded at Document Number M-2004-2921, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot No 26 in Block No. 20 of the Gadsden Land and Improvement Company’s Kyle Addition to Gadsden, Alabama, according to the map or plat thereof, as the same appears of record in Plat Book “A” page 23 in the office of the Judge of Probate of Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama, together with all improvements thereon, save and except that certain portions of said town lot which was bequeathed to Mary Millican by C. L. Graham and property described in the deed recorded in Book 922 at page 69 in said probate office, it being the intention of this deed to convey to the grantee herein all of the remainder of said lot together with all improvements thereon (commonly known as 1148 Walnut Street, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

WHEREAS, default having been made in the payment of the indebtedness secured by that certain mortgage executed by, ROGER WATTS, SR., and ROBERTA WATTS, and NOAH’S LANDING, L.L.C., an Alabama limited liability company, to Community Credit Union, (now known as WinSouth Credit Union), on the 27TH day of December, 2007, said mortgage being recorded at Instrument Number 3285881, Mortgage Book, in the Probate Office, Etowah County, Alabama, and, the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the Judicial Building door in Gadsden, Alabama, during the legal hours of sale on the 16th day of October, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Lots Numbers Seven (7), Eight (8), Seventeen (17), and Eighteen (18), in Block Number One (1), of Kirby’s Subdivision, being a re-arrangement of Lots Numbers Two (2) and Four (4), in Block Number Four (4), of the Hadley Farms Addition, according to map or plat of said re-arrangement as recorded in Plat Book “D”, page 241, in the Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

(Commonly known as 415 Crawford Avenue, Gadsden, Alabama).

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

WINSOUTH CREDIT UNION

/s/Cody D. Robinson

BY:     Cody D. Robinson, Its Attorney

BRUNSON, ROBINSON & HUFFSTUTLER, P.A.R, P.A.

301 Broad Street

P.O. Box 1189

Gadsden, AL 35902

(256)546-9205

Sept 18, 25 & Oct 2, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by JAMES RODNEY BELL, a married man, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Metro Bank, as Mortgagee, dated the 24th day of September, 2010, and recorded in Instrument #3338793, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP now  Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 19th day of October, 2015, 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 21 OF WILDFLOWER ESTATES RECORDED IN PLAT BOOK “I”, PAGE 165 IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, RESERVATIONS AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND/OR 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.

Bank of America, N.A.

Holder of said Mortgage

Goodman G. Ledyard

PIERCE LEDYARD, P.C

Attorneys for Mortgagee

Post Office Box 161389

Mobile, Alabama  36616

(251) 338-1300

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on February 28, 2014 by Michael Zach Wise and Madison Wise, husband and wife, as joint tenants with full rights of survivorship, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for First Federal Bank, and recorded in Instrument # at 3399200 on March 13, 2014, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument #, 3409283 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on October 21, 2015, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

All that part of the SW1/4 of the NW1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at a 5/8’’ rebar iron found at the SE corner of the SW1/4 of the NE1/4 of said section; thence North 88°56’45” West a distance of 2846.38 feet to an iron pin set at the point of beginning. From said point of beginning, continue North 88°56’45” West a distance of 97.09 feet to a 5/8’’ rebar iron found; thence North 02°01’21’’ West a distance of 335.62 feet to a crimped top pipe found on the Southerly right of way (60’) of Patterson Street; thence along said right of way South 62°22’43’’ East a distance of 230.10 feet to a capped iron pin found; thence leaving said right of way South 22°23’19” West a distance of 249.30 feet (passing through a capped iron pin found at 239.58 feet) to the point of beginning, less and except any easement or rights of way and being a portion of the SW1/4 of the NW1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. 

For informational purposes only, the property address is: 457 Patterson St, Boaz, AL 35956.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

JPMorgan Chase Bank, National Association, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-006527

Attorneys for Mortgagee or Transferee

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by SCOTT BENSON AND WIFE, AND CHRISSY BENSON,  for and during their joint lives and upon the death of either of them, then to the survivor, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Bank, FSB, as Mortgagee, dated the 17th day of July, 2008, and recorded in Instrument #3298530, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 19th day of October, 2015, 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:

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF ALABAMA, COUNTY OF ETOWAH, CITY OF Gadsden, AS IN DESCRIBED AS FOLLOWS: LOT NUMBER SEVENTEEN (17) IN BLOCK ONE (1) ACCORDING TO THE REARRANGEMENT OF BLOCKS 24 AND PART OF 27 IN THE INTERURBAN ADDITION TO THE CITY OF Gadsden, ALABAMA, AS SAME APPEARS OF RECORD IN BOOK OF TOWN PLATS “B”, PAGE 73, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY ALABAMA

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, RESERVATIONS AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND/OR 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.

Bank of America, N.A.

Holder of said Mortgage

Goodman G. Ledyard

PIERCE LEDYARD, P.C

Attorneys for Mortgagee

Post Office Box 161389

Mobile, Alabama  36616

(251) 338-1300

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Michael Nelson and Brandi Thrift, husband and wife Nelson to Mortgage Electronic Registration Systems,Inc.(MERS) acting solely as nominee for Lender, USAA Federal Savings Bank, and Lender’s successors and assigns dated January 3, 2012, and Recorded in Instrument # 3360720 of the records in the Office of the Judge of Probate, Etowah County, Alabama, which said mortgage was subsequently assigned to USAA Federal Savings Bank by instrument recorded in Instrument # 3423644 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 November 10, 2015, 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: 

COMMENCE AT A 1/2” REBAR MARKING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 10 SOUTH, RANGE 7 EAST; THENCE SOUTH 00 DEGREES 45 MINUTES 50 SECONDS WEST 258.58 ALONG THE WEST  SAID FORTY TO A 1/2” REBAR, SAID POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID FORTY LINE SOUTH 23 DEGREES 35 MINUTES 38 SECONDS EAST 444.68 FEET TO A 1/2” REBAR CAPPED (CA-497-LS); THENCE SOUTH 70 DEGREES 10 MINUTES 38 SECONDS WEST 196.35 FEET TO A 1/2” REBAR CAPPED (CA-497-LS); THENCE NORTH 00 DEGREES 48 MINUTES 50 SECONDS EAST 474.12 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH A 20 FT. ACCESS EASEMENT DESCRIBED AS FOLLOWS: COMMENCE AT A 1/2” REBAR MARKING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 10 SOUTH, RANGE 7 EAST; THENCE SOUTH 00 DEGREES 45 MINUTES 50 SECONDS WEST 258.58 ALONG THE WEST LINE OF SAID FORTY TO A 1/2” REBAR; THENCE LEAVING SAID FORTY LINE SOUTH 23 DEGREES 35 MINUTES 38 SECONDS EAST 444.88 FEET TO A 1/2” REBAR CAPPED (CA-497-LS); THENCE SOUTH 70 DEGREES 10 MINUTES 56 SECONDS WEST 68.82 FEET TO A POINT IN THE CENTER OF A DIRT DRIVEWAY, SAID POINT BEING THE POINT OF BEGINNING INCLUDING 10 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE; SOUTH 25 DEGREES 43 MINUTES 47 SECONDS EAST 243.17 FEET TO A POINT; THENCE SOUTH 38 DEGREES 06 MINUTES 37 SECONDS EAST 99.37 FEET TO A POINT; THENCE SOUTH 47 DEGREES 46 MINUTES 37 SECONDS EAST 53.78 FEET TO A POINT ON THE NORTHERLY R/W OF LAY SPRINGS ROAD (60’ R/W) AND THE END OF SAID EASEMENT.

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.

USAA Federal Savings Bank

Mortgagee

Beth McFadden Rouse

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

718 Downtowner Blvd.

Mobile, AL  36609

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Michael T Owens Husband And Susan M Owens Wife to Mortgage Electronic Registrations Systems, Inc. as nominee for SouthPoint Bank dated August 20, 2013; said mortgage being recorded in Instrument No. 3390633and re-recorded in Instrument No. 3399494 in the Office of the Judge of Probate of Etowah County, Alabama.  Said Mortgage was last sold, assigned and transferred to SunTrust Mortgage, Inc. Instrument 3414183 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, SunTrust Mortgage, 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 before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 15th day of October, 2015, the following property, situated in Etowah County, Alabama, to-wit:

Lot 5 of Riverview Estates, Unit 2, as recorded in Plat Book “I”, Page 44, Probate Office, Etowah County, Alabama; located in Section 20, Township 13 South, Range 6 East, Etowah County, Alabama.

Said property is commonly known as 2300 Island Way, Southside, AL 35907.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due.  The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Michael T Owens and Susan M Owens or tenant(s).

SUNTRUST MORTGAGE, INC.

as holder of said mortgage

McCalla Raymer, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 948715

www.foreclosurehotline.net

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Eli Trimble married and wife, Allison C. Trimble, to UNION PLANTERS BANK, NA d/b/a REGIONS MORTGAGE, on October 29, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc #M-2004-4846; Regions Bank Successor by Merger to Union Planters Bank, N.A. d/b/a Regions Mortgage, 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 October 15, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 10, First Addition to Oakland Heights recorded in Plat Book “I”, Page 14, Probate Office, Etowah County, Alabama.

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

Regions Bank Successor by Merger to Union Planters Bank, N.A. d/b/a Regions Mortgage

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Daniel Tidmore and Kim Tidmore aka Kimberly K. Tidmore, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for EquiFirst Corporation, on the 29th day of January, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number: M-2003-06668; the undersigned The Bank of New York Mellon Corporation, as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2003-BC3, 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 October 26, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing axle at the Northeast corner of the Southeast Quarter (Southeast1/4) of the Northwest Quarter (Northwest1/4), Section Thirty Five (35), Township Eleven (11) South, Range Seven (7) East of Huntsville Meridian and run Southerly along the East line thereof, 456.94 feet to an existing 1/2 inch rebar; thence deflect 91 degrees 44 minutes 03 seconds right, leaving said East line and run Westerly, 457.16 feet to the point of beginning of the property described herein; thence continue Westerly, 787.33 feet to an existing 1 inch pipe on the East right of way of Appalachian Highway (100 feet right of way); thence deflect 98 degrees 20 minutes 04 seconds right and run Northeasterly, along said right of way, 280.34 feet to a point; thence deflect 80 degrees 39 minutes 56 seconds right leaving said right of way, and run easterly 787.33 feet to a point; thence deflect 99 degrees 20 minutes 04 seconds right and run Southwesterly, 280.34 feet to the point of beginning. Said property being a portion of the Southeast Quarter (Southeast1/4) of the Northwest Quarter (Northwest1/4), Section Thirty Five (35), Township Eleven (11) South, Range Seven (7) East, Etowah County, Alabama, and contains 5.00 acres, more or less.

Property street address for informational purposes:  1705 Appalachian Highway, Gadsden, AL 35903

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

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

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

This sale is subject to postponement or cancellation.

The Bank of New York Mellon Corporation, as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2003-BC3, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

339407

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kim T. Robinson, a single woman, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Metro Bank, on the 25th day of May, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2005-2231; the undersigned Wells Fargo Bank, N.A., 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 November 9, 2015, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing “R.W.” capped rebar at the Northeast corner of Tract Number 4, of the J.T. Morris Subdivision, as recorded in Plat Book “C”, Pages 122 and 123, Etowah County Probate Office and run South 03 degrees 12 minutes 32 seconds West, along the East line of said Tract Number 4, 342.24 feet to the Point of Beginning of the property described herein; thence continue South 03 degrees 12 minutes 32 seconds West, along said East line, 176.67 feet to an existing “R.W.” capped rebar; thence run North 85 degrees 46 minutes 38 seconds West, leaving said East line, 208.40 feet to an existing “R.W.” capped rebar on the Easterly R/W of Langdale Street (40 foot R/W); thence run North 00 degrees 44 minutes 45 seconds East, along said R/W, 199.93 feet to a point; thence run South 79 degrees 45 minutes 39 seconds East, leaving said R/W, 218.60 feet to the Point of Beginning. Said property being a portion of Tract Number 4, J.T. Morris Subdivision, Etowah County, Alabama. Being subject to an existing 20.00 feet sewer easement.

Property street address for informational purposes:  2873 Langdale St, Hokes Bluff, AL 35903

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

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

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

This sale is subject to postponement or cancellation.

Wells Fargo Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

97288

Sept 25, Oct 2 & 9, 2015

______________

MORTGAGE

FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by William M Peavy Husband And Krissy Leigh Peavy Wife to Mortgage Electronic Registration Systems, Inc. solely as nominee for First Franklin Financial Corp., an OP SUB of MLB&T Co., FSB dated May 25, 2007; said mortgage being recorded in Instrument No. 3272342 in the Office of the Judge of Probate of Etowah County, Alabama.  Said Mortgage was last sold, assigned and transferred to U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H1 Instrument 3362233 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 22nd day of October, 2015, the following property, situated in Etowah County, Alabama, to-wit:

Begin at a point in the north right of way of Westmont Way which is North 57 degrees 02’ East 100 feet from the SE corner of LOT 1, Westmont Subdivision, as recorded in Plat Book “1”, Page 110 & 111, thence from said Point of Beginning run North 32 degrees 58’ West 150 feet to a point; thence run North 57 degrees 01’ East 100 feet to a point; thence run South 32 degrees 58’ East 150 feet to a point on the North Right of way of Westmont Way; thence run South 57 degrees 01’ West with said Westmont Way 100 feet to point of Beginning.  Being a part of the SE 1/4 of the NE 1/4 of Section 36, Township 11 South, Range 5 East, Etowah County, Alabama.

Said property is commonly known as 2903 Westmont Way, Gadsden, AL 35904.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due.  The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is William M Peavy and Krissy Leigh Peavy or tenant(s).

U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-H1

as holder of said mortgage

McCalla Raymer, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 955315

www.foreclosurehotline.net

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Barry Lafollette, a single man, to Brian Wayne Ledbetter, on January 1, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document #, M-2003-5151; and subsequently transferred to Western United Life Assurance Company, a Corporation; and subsequently transferred and to Mortgage Electronic Registration Systems, Inc.; and subsequently transferred to U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2014B; U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2014B, 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 October 22, 2015, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER 62 IN PLAINVIEW VILLAGE SUBDIVISION, AS RECORDED IN PLAT BOOK “H”, PAGE 97, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

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

U.S. Bank Trust National Association as Trustee of American Homeowner Preservation Trust Series 2014B

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated May 3, 2010, executed by Scott L. Martin, a married man joined herein by Jeri A. Martin, his wife, to Taylor Mortgage, Inc., which mortgage was recorded on May 17, 2010, in Instrument No. 3332126, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, N.A., notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on November 17, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot No. 83, of Country Club Subdivision, Etowah County, Alabama, as shown by map or plat of said subdivision on file and of record in the Probate Office of Etowah County, Alabama, in Map Book “I”, at pages 32 and 33.

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

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Teresa R. White, an unmarried woman, to Family Savings Credit Union on the December 1, 2014, said mortgage being recorded at Instrument #3410970, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on October 26, 2015, the following described real estate situated in Etowah County, Alabama, to-wit:

Commence at the Southwesterly corner of Lot 34, Block 2 of Glenwood Addition to Gadsden and Glencoe, as recorded in Plat Book “D”, Page 17, and run in a southerly direction along the easterly R/W line of Gurley Avenue a distance of 154.00 feet to the point of beginning.  From said point of beginning deflect 107°17’ left and run a distance of 82.0 feet; thence deflect 103°59’ right and run a distance of 115.18 feet; thence deflect 91°02’ right and run in a southwesterly direction along the northerly R/W line of Hatley Street a distance of 85.00 feet; thence deflect 92°16’ right and run in a northwesterly direction along the easterly R/W line of Gurley Avenue a distance of 94.0 feet to the point of beginning.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

Family Savings Credit Union (fka Family Savings Federal

Credit Union)

BY:__/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick 

& Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Oct 2, 9 & 16, 2015

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 9, 2007, executed by Thomas E. Bennett, a married man, and wife, Jennifer L. Bennett, to Mortgage Electronic Registration Systems, Inc., solely as nominee for MortgageAmerica, Inc., which mortgage was recorded on July 11, 2007, in Instrument No. 3274777, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Federal National Mortgage 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 August 18, 2015, the following described real estate, situated in Etowah County, Alabama, to-wit:

Parcel One:

Commencing at the Northwest Corner of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East in Etowah County, Alabama. Thence South 02 degrees 30 minutes 00 seconds East 131.8 feet to a point; thence along the North margin of Jack Floyd Drive South 89 degrees 35 minutes 00 seconds East 600.00 feet to an iron pin found, the point of beginning for the property herein described; thence leaving said North margin North 00 degrees 19 minutes 21 seconds East 174.82 feet to an iron pin found, thence South 89 degrees  45 minutes 41 seconds East 150.40 feet to an iron pin found, thence South 00 degrees 30 minutes 37 seconds West 175.29 feet to an iron pin found on the North margin of said drive; thence along the said North margin North 89 degrees 35 minutes 00 seconds West 149.83 feet to the point of beginning, containing 0.60 acres, more or less.

Parcel Two:

All that part of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of Huntsville Meridian more particularly described as follows: Commencing at the Northwest Corner of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian; thence South 89 degrees 40 minutes 00 seconds East a distance of 774.74 feet to the point of beginning. From said point of beginning South 03 degrees 03 minutes 38 seconds East a distance of 798.25 feet to a point on the Northerly right-of-way of Jack Floyd Street (Smith Road); thence along said right of way North 89 degrees 43 minutes 57 seconds West a distance of 71.76 feet to a point; thence leaving said right of way North 00 degrees 21 minutes 23 seconds East a distance of 175.11 feet to a point; thence North 89 degrees 43 minutes 21 seconds West a distance of 150.30 feet to a point; thence North 16 degrees 01 minute 31 seconds East a distance of 646.05 feet to the point of beginning, less and except any easements or rights of way, and being a portion of the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) and the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Three (3), Township Ten (10) South, Range Five (5) East of the Huntsville Meridian, Etowah County, Alabama.

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

Federal National Mortgage Association

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

The sale provided hereinabove which was originally scheduled for the 18th day of August, 2015, was postponed until the 22nd day of September, 2015, was further postponed in the 22nd day of September 2015, 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 the 20th day of October, 2015 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.

Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

ANITA BASWELL appointed Personal Representative (s) on August 31, 2015 Estate of BILLY RANDOLPH BASWELL, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

HUBERT EARL VARNON, JR appointed Personal Representative (s) on September 3, 2015 Estate of HUBERT EARL VARNON, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

VICKIE DARLENE HARBIN appointed Personal Representative (s) on August 31, 2015 Estate of BETTY JUNE REED, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

FREIDA PRESGRAVES appointed Personal Representative (s) on September 3, 2015 Estate of BOBBY FRED HAYES, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

NYEKA RENAY STOKES appointed Personal Representative (s) on August 19, 2015 Estate of BETTY JEANETTE STOKES, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

JAMES LINDSEY TURNER appointed Personal Representative (s) on August 24, 2015 Estate of JOSEPHANN L. MORTON, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO 

FILE CLAIMS

DAVID BRADLEY appointed Personal Representative (s) on September 2, 2015 Estate of JAMES BRADLEY, 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

Sept 18, 25 & Oct 2, 2015

______________

NOTICE TO

FILE CLAIMS

DAVID S. FARRELL appointed Personal Representative (s) on August 18, 2015 Estate of JANICE M. FARRELL, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

SANDRA FAY VARNELL MEDLEY appointed Personal Representative (s) on September 10, 2015 Estate of ROGER DALE MEDLEY, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

DEBORAH FRANCES WINKLE appointed Personal Representative (s) on August 7, 2015 Estate of GLADYS MARYLOU BULLINGTON, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

STEPHEN B. BOWEN appointed Personal Representative (s) on August 12, 2015 Estate of FRANCES G. BOWEN, 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

Sept 25, Oct 2 & 9, 2015

______________

NOTICE TO

FILE CLAIMS

REBECCA ANN LEE appointed Personal Representative (s) on September 9, 2015 Estate of NELDA JOE RICHARDSON LEE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

JOHN L. KILLIAN appointed Personal Representative (s) on September 9, 2015 Estate of W. WAYNE KILLIAN, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

REGINA GAIL WINNINGHAM appointed Personal Representative (s) on September 15, 2015 Estate of CHARLES RALPH WINNINGHAM, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

ARLENE MCKINNEY KINES appointed Personal Representative (s) on September 16, 2015 Estate of OLA MCKINNEY BYNUM, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

LISA C. SPRADLIN appointed Personal Representative (s) on September 9, 2015 Estate of PATSY SPRADLIN 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

JANICE A. MCCORMICK appointed Personal Representative (s) on August 27, 2015 Estate of STELLA M. JENKINS, 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

Oct 2, 9 & 16, 2015

______________NOTICE TO

FILE CLAIMS

MARTHA WHITED appointed Personal Representative (s) on July 31, 2015 Estate of SHIRLEY ANN TARRANCE WALKER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

DON WIGGS appointed Personal Representative (s) on September 3, 2015 Estate of JEAN HUTTO, 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

Oct 2, 9 & 16, 2015

______________

NOTICE TO

FILE CLAIMS

LINDA LOUISE PAYNE appointed Personal Representative (s) on August 5, 2015 Estate of RONALD ODUS PAYNE, 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

Oct 2, 9 & 16, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132 and MARION BURNETT, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 519 ALLEN STREET  in District 1 in the City of Gadsden, more particularly described as:

Lot 11 in Block “H” in Miller Highlands Addition to the City of Gadsden, as same appears of record in the Office of the Judge of Probate, Plat Book “D”, Page 13,  Etowah County, Alabama.  Also Five (5) feet of Lot Number 12 and being on the North side of said Lot 12 and running the full length of said Lot, all in Block “H” of said Addition, all lying and being in Etowah County, Alabama.

Should be assessed with a lien of $3,705.92   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

Brian Harbison                                        

Building Official 

City of Gadsden                                       

P. O. Box 267                                         

Gadsden, AL  35902  

(205) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to location and description of the property are as follows:                                                                                                                  

Owner(s): STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA, 36132, FRANK D. PIERCE, 1824 APPALACHIAN HWY, GADSDEN, ALABAMA 35903, STACY P. SIMMONS, 707 BASKIN FERRY ROAD, GADSDEN, ALABAMA 35901, RONALD H. TOWERS, 201 HUMMINGBIRD WAY, RAINBOW CITY, ALABAMA 35906, ROBERT P. SISSON, JR. and THE BANK, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 1312 ROBINSON AVENUE in District 2 in the City of Gadsden, more particularly described as:

Lot Number Nineteen (19) in Block Number One (1) of Stroud’s 1st Subdivision as same appears of record in Plat Book “B”, Pages 84 and 85, Probate Office, Etowah County, Alabama.

Should be assessed with a lien of $2,956.88   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

Brian Harbison                                        

Building Official 

City of Gadsden                                       

P. O. Box 267                                         

Gadsden, AL  35902  

(205) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING 

           

Notice is hereby given STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, ALPHONZO J. BOTHWELL and JERALDINE BOTHWELL, 2030 SPRINGROCK STREET, GADSDEN, ALABAMA 35903, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 511 ALLEN STREET  in District 1 in the City of Gadsden, more particularly described as:

Lot Number 6 (#6) in Block Number “H” (“H”) in in the Miller Highlands Addition to the City of Gadsden, Alabama, as the same appears of record in Plat Book “D”, Page Number 31, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being situated in the City of Gadsden, Etowah County, Alabama.

Should be assessed with a lien of $4,056.88   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

                                                      

Brian Harbison                                        

Building Official    

City of Gadsden                                       

P. O. Box 267                                         

Gadsden, AL  35902  

(205) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to A & D PROPERTIES, LLC, 431 RIVERTON DRIVE, RAINBOW CITY, ALABAMA 35906,  believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY,  OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 808 OAK STREET  in District 5 in the City of Gadsden, more particularly described as: 

Lot 3, Block 10, Woodlawn Addition, according to the map or plat thereof appearing of record in Plat Book A, Page 15, Probate Office, Etowah County, Alabama, less and except therefrom, however, the portions of said lot described in and conveyed by that certain deed to Debra J. Smith dated June 1, 1998, and filed in said Probate Office as Document D- 1998-2558, which excepted portions are described as follows:

A lot or parcel of land described as beginning at the southeast corner of Lot Three (3), and from thence run north and along the east line of said lot a distance of 45 feet; thence run west and parallel with the north line of said lot a distance of 88 feet; thence run south and parallel with east line of said lot a distance of 45 feet to the south line of said lot; thence run east and along the south line of said lot a distance of 88 feet to the point of beginning, said description embracing the south 45 feet of the east 88 feet of lot number three (3) in block number ten (10) of Woodlawn Addition, according to map recorded in Plat Book “A”, Page 15, Probate Office, Etowah County, Alabama, and lying and being in Gadsden,

Etowah County, Alabama.

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

Brian Harbison                                                  

BUILDING OFFICIAL   

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING      

                                                                    

Notice is hereby given to BUTLER PROPERTIES, LLC, 207 ROSELAND DRIVE, RAINBOW CITY, ALABAMA 35906,  believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1417 EASTVIEW  AVENUE in District 1 in the City of Gadsden, more particularly described as: 

              

Lot 4 in Block 2 in College Heights Second Addition, according to the map or plat thereof recorded in Plat Book D, Page 73, Probate office and lying and being in the City of Gadsden, Etowah County Alabama, subject to any easements or restrictions of records.

      

is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

Brian Harbison                                                  

BUILDING OFFICIAL  

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to ANN HARRIS, 370 BUTLER ROAD, BOWDON, GEORGIA 30108, and ROBERT CONVILLE, II, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY,  OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1348 FORREST AVENUE in District 3 in the City of Gadsden, more particularly described as: 

Lot Number Twenty-two (22) in Block Number Two (2), Tallman addition a subdivision according to a map or Plat thereof which is on file of record in the Office of the Probate Judge of Etowah County, Alabama, in Plat Book “A”, Page 91, reference to which is hereby made in aid of and as a part of this description. Property address: 1348 Forrest Avenue, Gadsden, Alabama 35906.

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

                                                                                                                        

Brian Harbison                                                  

BUILDING OFFICIAL 

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING      

                                                                    

Notice is hereby given to to FNA NP, LLC 120 N LASALLE STREET 29TH FLOOR, CHICAGO, ILLINOIS 60602 and MARY A. NANCE, 15 MARSTON AVENUE GADSDEN, ALABAMA  35904; believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 15 MARSTON AVENUE in District 6 in the City of Gadsden, more particularly described as: 

Lot Number Eight-three (83) in Parcel Number Three (3) of the Cone Mills Corporation, Dwight Division Plat recorded in Plat Book “F”, Page 55, Probate Office, Etowah County, Alabama, together with all improvements thereon and subject to easements of record and lying and being in Gadsden, Etowah County, Alabama.

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

                                                                                                                       

Brian Harbison                                                  

BUILDING OFFICIAL  

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529 

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING 

                                  

Notice is hereby given to TLR AL, LLC and STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 1121 JUPITER STREET in District 5 in the City of Gadsden, more particularly described as: 

Lot Number Ten (10), in Block “J”, in the Elliott Second Addition to Gadsden, according to the map or plat thereof as the same appears of record in Plat Book “B”, pages 2 and 3, in the Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                                                                               

                                                                

Brian Harbison                                                  

BUILDING OFFICIAL   

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                                                    

Notice is hereby given to JOHN ALEXANDER, SR., P.O. BOX 8066, GADSDEN, ALABAMA 35902, and CITIFINANCIAL CORPORATION, LLC , believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 806 AVENUE B in District 3 in the City of Gadsden, more particularly described as: 

A tract or parcel of land described as beginning at the Northwest Corner of Lot Number One (1), in Block Number Twenty-One (21); and from thence run in a Southerly direction and along the West line of Lots Numbers One and Two, a distance of 63 feet; thence in an Easterly direction and parallel with the North line of said Lot Number One (1) a distance of 52 feet to a point; thence in a Northwesterly direction and in a direct line to a point in the North line of Lot Number One (1), which is 47 feet Easterly, measured along said North

line, from the Northwest corner thereof; thence in a Westerly direction and along the North line of said Lot Number One (1), a distance of 47 feet to the point of beginning, and embracing portions of Lots Numbers One and Two, in Block Number Twenty-One (21) in the Coosa Land Company, et als, Rearrangement of portions of the Gadsden Land and Improvement Company’s Thornton Addition, according to the map of said Rearrangement as the same appears of record in Book of Town Plats “B”, Pages 334 and 335, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon; save and except all the minerals, mineral and mining rights, privileges and interest in, under and upon the same.

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

                                                                                                                       

Brian Harbison                                                  

BUILDING OFFICIAL 

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING 

                                                                    

Notice is hereby given to ANGELA SWAIN, and STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the structure or condition located at 515 MILTON STREET in District 3 in the City of Gadsden, more particularly described as: 

Lot Number Nine-A (9-A) in the rearrangement of Lots 9 and 10 of the Lambert Addition according to the map of said Rearrangement recorded in Plat Book “F”, page 13, Probate Office, Etowah County and lying and being in Gadsden, Etowah County, Alabama.

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                       

                                                                

Brian Harbison                                                  

BUILDING OFFICIAL 

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING                                                                   

                                                                        

Notice is hereby given to LUCILLE E. TAYLOR, 108 W KYLE PLACE, GADSDEN, ALABAMA 35904 believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015  at 5:00 P.M., a hearing will be held to determine whether or not the property located at 416 N 24TH STREET in District 6 in the City of Gadsden, more particularly described as:

Lot Number Eleven (11) in Parcel Number Six (6) 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 of Etowah County, Alabama.

Should be assessed with a lien of $2,640.88   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

Brian Harbison                                        

Building Official    

City of Gadsden                                       

P. O. Box 267                                         

Gadsden, AL  35902  

(205) 549-4529

Oct 2, 2015

______________

NOTICE OF

PUBLIC

HEARING

                                        

Notice is hereby given to STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, ALABAMA 36132, DANIEL HOLDERFIELD and BRIAN HARRIS, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, OCTOBER 13, 2015 at 5:00 P.M., a hearing will be held to determine whether or not the property located at 2809 LOOKOUT AVENUE in District 7 in the City of Gadsden, more particularly described as:

Parcel One:  A lot or parcel of land described as beginning at a point in the South line of what is known as Lot Number Nine (9) in Clayton Plat Number 1, which is 56.25 feet East, measured along said South line, from the Southwest corner of said Lot Number 9; and from thence run in a Northerly direction and parallel with the West line of said Lot Number 9 a distance of 209 feet; thence Easterly and parallel with the South line of said Lot Number 9 a distance of 48.25 feet; thence Southerly and parallel with the West line of said Lot Number 9 a distance of 209 feet to the South line of said Lot Number 9; thence Westerly along said South line a distance of 48.25 feet to the point of beginning, and being a part of what is known as Lot Number Nine (9) in Clayton Plat Number 1 to Alabama City, and lying and being in Gadsden, Etowah County, Alabama. 

Parcel Two:  An easement for ingress and egress over the North 11 feet of the West 56.25 feet of the South 209 feet of Lot Number Nine (9) in Clayton Plat Number 1 to Alabama City and lying and being in Gadsden, Etowah County, Alabama. 

Should be assessed with a lien of $2,472.88   for  the abatement of a nuisance in accordance with Section 86-65 of the Gadsden City Code. You may appear and present any relevant evidence to the Council regarding the assessment of the lien.

                                                      

Brian Harbison                                        

Building Official 

City of Gadsden                                       

P. O. Box 267                                         

Gadsden, AL  35902  

(205) 549-4529

Oct 2, 2015

______________

RESOLUTION NO. R-364-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

1306 CHANDLER STREET in District 2 in the City of Gadsden, more particularly described as:

Lot Number Two (2) in William Chandler’s Rearrangement of Lot Number Eighteen (18), in what is known as Block Number Two (2) in F.M. Bishop’s East End Addition, according to the map of said rearrangement as recorded in Plat Book “B”, page 13, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

 

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to FNA NP, LLC, 120 N LaSalle Street, 29th Floor, Chicago, IL 60602 and Estate of Marjorie McNair;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

            

Adopted by the City Council of Gadsden on September 22, 2015.

       

Iva Nelson, City Clerk    

Oct 2, 2015          

______________

RESOLUTION NO. R-365-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

404 NOOJIN COURT in District 2 in the City of Gadsden, more particularly described as:

Lot Number Three (3) in Elmwood Court Subdivision, according to the map or plat thereof as recorded in Plat Book “K”, page 21, Probate Office, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, Estates of Ronald and Charmaine Kitchens, heirs are Hope Stephens, 6388 Highway 77, Southside, and Jason Kitchens, 4409 Green Valley Road, Southside;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code. 

Adopted by the City Council of Gadsden on September 22, 2015.

       

Iva Nelson, City Clerk              

Oct 2, 2015

______________

RESOLUTION NO. R-366-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

401 REVEREND WILLIAM C. FLEMING PLACE (AKA PIPESHOP ALLEY) in District 3 in the City of Gadsden, more particularly described as:

A tract or parcel of land described as beginning where the northeasterly right of way line of the Rome and Decatur Branch of the Southern Railroad intersects the easterly line of Pipe Shop Street, or Alley, said point being 82.5 feet northeast of the center of the track of said Railroad, measured radial to the curvature of said track; thence in a northerly direction along the east line of Pipe Shop Street, an Alley, a distance of 68.17 feet; thence deflect an angle of 113 degrees 33 minutes to the right and run in a southeasterly direction, a distance of 70 feet; thence deflect an angle of 83 degrees 52 minutes to the right, and run in a southerly, or southeasterly direction a distance of 58.7 feet to a point in the northeasterly right of way line of said Railroad; thence in a northwesterly direction along the northeast right of way line of said Railroad, on a curve to the right, a distance of 50.5 feet to the point of beginning, said description embracing a portion of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW1/4) in Section Four (4) Township Twelve (12) South Range Six (6) East of Huntsville Meridian, in Gadsden, Etowah County, Alabama.

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Mt. Pilgrim Baptist Church, 408 N 9th Street, and Lucille Bush;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.  

Adopted by the City Council of Gadsden on September 22, 2015.

       

Iva Nelson, City Clerk 

Oct 2, 2015             

______________

RESOLUTION NO. R-367-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

1507 GARFIELD AVENUE in District 5 in the City of Gadsden, more particularly described as:

Lot Number Nineteen (19) in Block number Twenty Five (25) in the Gadsden Realty Companies South Gadsden Addition according to the map thereof as recorded in the Office of Judge of Probate of Etowah County, Alabama, in Book of Townplats “B” page 314. All being and lying in the City of Gadsden, Etowah County, Alabama together with all improvements located thereon.

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to the Estate of Edith Estes, heir Tina Cox, 1507 Garfield Avenue;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code. 

Adopted by the City Council of Gadsden on September 22, 2015.

       

Iva Nelson, City Clerk       

Oct 2, 2015       

______________

RESOLUTION NO. R-368-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

1027 PINE STREET in District 5 in the City of Gadsden, more particularly described as: 

The West half (W ½) of Lots Five (5), Six (6) and Seven (7) in Block “F”, in Elliott’s Addition Number Two (2) to the City of Gadsden, Etowah County, Alabama, as shown by Plat Record “B”, page 3, in the Office of the Judge of Probate of Etowah County, Alabama, and being a portion of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE1/4) of Section Eight (8), Township Twelve (12), South of Range Six (6), East of the Huntsville Meridian, Etowah County, Alabama.

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, AL 36132, Ronnie Pollard, P.O. Box 4252, and John B. Scott, Jr., as Trustee of the James M. Scott Trust;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code. 

Adopted by the City Council of Gadsden on September 22, 2015.

       

Iva Nelson, City Clerk       

Oct 2, 2015      

______________

RESOLUTION NO. R-369-15

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at 

2104 NORRIS AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lots 3 and 4 in Block 1 Oak Park Addition to Gadsden, according to the map or plat thereof as recorded in Plat Book “B”, Page 200 and 201, Probate Office Etowah County, Alabama together with improvements located thereon.

 

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and Limmie Lee Filmore;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code. 

           

Adopted by the City Council of Gadsden on September 22, 2015.

       

Iva Nelson, City Clerk   

Oct 2, 2015           

______________

LEGAL NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CITIFINANCIAL SERVICING, LLC, SUCCESSOR BY MERGER WITH CITIFINANCIAL CORPORATION, LLC,

PLAINTIFF

VS.

DARRYL L. TOLBERT and PHYLLIS TOLBERT,

DEFENDANTS. 

CASE NO:   31-CV-2015-900285.00

NOTICE OF PUBLICATION TO:

DARRYL TOLBERT

PHYLLIS TOLBERT

3419 CALIFORNIA STREET

GADSDEN, AL 35904

You are hereby notified that the above-styled action seeking service was filed in the Circuit Court of Etowah County, Alabama, and that by reason of an Order for service of summons by publication hereinbefore entered by the Court, you are hereby commanded and required to file with the Clerk of the Court, and to serve upon the Plaintiff, CitiFinancial Servicing, LLC C/o Jason Tingle, Esquire, 244 Inverness Center Drive, Birmingham, AL 35242, an answer to the Complaint within thirty (30) days after the last publication of this notice, or default judgment will be entered against you, to-wit, by the 2nd day of November, 2015.  

This the 21st day of August, 2015. 

 

Sept 11, 18, 25 & Oct 2, 2015

______________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that HUDAK CONSTRUCTION CO., INC., Contractor, has completed the Contract for RENOVATIONS TO THE ALABAMA CITY LIBRARY at 2700 West Meighan Blvd., Gadsden, AL 35904 for the State of Alabama and the City of Gadsden, Owner, and have made request for final settlement of said contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify: B. Craig Lipscomb, Architect, P.O. Box 1518, Gadsden, AL 35902

Hudak Construction Company Inc.

400 W Meighan Blvd.

Gadsden, AL 35901

Sept 25, Oct 2, 9 & 16, 2015

______________

NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: THE MATTER OF THE LAST WILL AND TESTAMENT OF ALICIA BOGARIN RICO ARNETT, DECEASED.

CASE NO.: S-8602

NOTICE TO: SALVADOR RUELES BOGARIN

A hearing on the Petition of CECELIA BOGARIN RENEMAN to admit to Probate the Last Will and Testament of ALICIA BOGARIN RICO ARNETT, deceased, will be held before the undersigned on the 30th day of September, 2015 at 11:30 a.m. at the Etowah County Courthouse, Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Rodney L. Ward

Attorney for Petitioner

827 Forrest Avenue

Gadsden, AL 35901

Sept 18, 25, Oct 2 & 9, 2015

______________

NOTICE OF

PUBLICATION

IN THE MATTER OF THE ESTATE OF NELL JO EVANS, DECEASED

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-8627

TO: Unknown heirs at law and next of kin of Nell Jo Evans, or to their respective heirs at law and next of kin, if deceased.

You will take notice that on this day came Evelyn L. Brannon and produced to the Court a paper in writing purporting to be a copy of the Last Will and Testament of Nell Jo Evans, deceased, and petitions the Court to admit the said Will to probate and record as the Last Will and Testament of the said deceased.

You are notified to be and appear before me, at the my office located at the Etowah County Courthouse, 801 Forrest Avenue, Gadsden, Alabama, at 10:30 o’clock a.m., on the 13th day of October, 2015, when the petition will be considered, and show, if anything you have to allege, why said paper in writing should not be admitted to probate and record, as the true Last Will and Testament of said decedent.

Ordered on the 28th day of August, 2015.

Bobby M. Junkins

Judge of Probate

Sept 18, 25 & Oct 2, 2015

______________

NOTICE OF

PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CITIFINANCIAL SERVICING, LLC

Plaintiff,

Vs.  Civil Action No.: CV-15-900144

JIMMIE DAVENPORT, 

Defendant.

TO: Jimmie Davenport, 

YOU ARE HEREBY NOTIFIED that a summons and complaint in the above styled cause has been filed against you on February 20, 2015, demanding possession of the property described in said complaint as 1020 Glendale Ave, Gadsden, AL 35903.

YOU ARE HEREBY REQUIRED to answer plaintiff’s complaint within thirty days after the date of the last publication of this notice by serving a copy of your answer, either admitting or denying the allegations in said complaint, to Joshua B. White, Attorney for Plaintiff, whose address is P.O. Box 307, Huntsville, Alabama, 35804, and failing to answer within said time, a default may be entered against you as determined by the Court for the relief demanded by the plaintiff.  You must also file your Answer with the Clerk of the Court by such date.  This publication shall be made in The Gadsden Messenger newspaper, published in Etowah County, Alabama, once a week for four (4) successive weeks.

DONE this 1st day of September, 2015.

/s/ Cassandra Johnson

CIRCUIT COURT CLERK

Attorney for Plaintiff:

Joshua B. White

STEPHENS MILLIRONS, P.C. 

P.O. Box 307

Huntsville, AL 35804

Phone:  (256) 382-5500

Fax: (256) 536-9388

Sept 25, Oct 2, 9 & 15, 2015

______________

NOTICE OF 

CONTINUED HEARING

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

Case No. 2015-CA-04488-O

COMPLEX BUSINESS COURT 

Administratively Consolidated with Case No. 2015-CA-04489-O through Case No. 2015-CA-004503

In re: 

BUTLER & HOSCHE, P. A.

Assignor,

v.

MICHAEL MOECKER,

Assignee.

PLEASE TAKE NOTICE that the Assignee, by and through its undersigned attorneys, will call up for continued hearing before the Honorable Alice L. Blackwell, Hearing Room 2000.02, Orange County Courthouse, 425 N. Orange Avenue, Orlando, Florida 32801, on September 9, 2015, at 3:00 p.m., or as soon thereafter as the motion can be heard, on the Motion for Order Authorizing Deletion of Information and Documents. 

Dated: September 1, 2015.

/s/Edward J. Peterson, III

Edward J. Peterson, III (FBN 001462)

Stichter Riedel Blain & Postler, P. A.

110 E. Madison St., Ste 200

Tampa, FL 33602

813-229-0144

Attorney for Assignee

Sept 18, 25 & Oct 2, 2015

______________

NOTICE OF

ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, STATE OF ALABAMA

IN THE MATTER OF THE ADOPTION PETITION OF: KIMBERLY SMITH INGRAM

NOTICE OF ADOPTION TO EMILY BELLEW, THE NATURAL MOTHER OF A MINOR CHILD, MLI, WHOSE WHEREABOUTS ARE UNKNOWN.

You will take notice that a Petition for Adoption of the child born to Calvin Ingram (Biological Father), set to be heard on December 8, 2015 at 10:00 a.m., was field on September 9, 2015, alleging that the whereabouts of the natural mother, Emily Bellew, is unknown and has not been disclosed to this Court. Minor child’s date of birth is January 28, 2010.

Please be advised that should you intend to contest this adoption, you must file a written response within (30) days of the date of the last publication herein with Dani V. Bone and Haley K. Tucker, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this the 10th day of September, 2015.

Bobby M. Junkins

Judge of Probate

Dani V. Bone  & Haley K. Tucker

1031 Forrest Avenue

Gadsden, AL 35901

256-547-1005

Sept 18, 25, Oct 2 & 9, 2015

______________

NOTICE OF

PUBLICATION

IN THE MATTER OF THE ADOPTION PETITION OF:

NOTICE TO: UNKNOWN FATHER, ADDRESS UNKNOWN

You will take notice on August 26, 2015 that a Petition for the Adoption of a minor child born to Kristopher Maxwell, a natural mother, was filed with the Etowah County Probate Court, alleging that the natural father’s whereabouts are unknown and/or that the natural father to the aforesaid minor child is that of a putative father. Minor child’s birth date is August 19, 1998.

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 Joshua B. Sullivan, 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.

Attorney for Petitioner:

Joshua B. Sullivan

400 Broad Street, Suite 105

Gadsden, AL 35901

This the 17th day of September, 2015.

Bobby M. Junkins

Judge of Probate

Oct 2, 9, 16 & 23, 2015

______________

NOTICE OF

DIVORCE

ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

DONNA MU-LAN FANG,

Plaintiff

Vs.

CHENGFANG YANG

Chengfang Yang, whose whereabouts is unknown, must answer Donna Mu-Lan Fang’s petition for divorce and other relief by November 24, 2015, or, thereafter, a judgment by default may be rendered against him in Case No. 31-2015-DR-900371, Circuit Court of Etowah County.

Done the 22nd day of September, 2015.

Cassandra Johnson

Circuit Clerk

Oct 2, 9, 16 & 23, 2015

______________

ADVERTISEMENT FOR BIDS 

A RE-ROOFING PROJECT AT

WEST END ELEMENTARY SCHOOL

FOR

THE ETOWAH COUNTY BOARD OF EDUCATION 

GADSDEN, ALABAMA

PROJECT NO. 15-196

Requirements for Bidding: The Etowah County Board Of Education shall accept proposals only from Contractors who have successfully completed at least 3 similar projects on time for satisfied State, County or City Governmental Agencies. The lowest bidding Contractor shall submit to the Architect within 24 hours after submitting their bid proposal a listing of projects, construction cost, Owners address and telephone numbers.  

The sealed proposal as described above shall be received by Dr. Robert A. Cosby, Superintendent, at the Etowah County Board Of Education, Gadsden, Alabama, until 2:00 PM, Tuesday, October 6, 2015, then opened and read aloud.

All General Contractors bidding this project shall be required to visit the site and examine all existing conditions prior to submitting their proposal.

The project shall be bid excluding taxes. Bids must be submitted on proposal forms furnished by the Architect or copies thereof.  No bid may be withdrawn after scheduled closing for receipt of bids for a period of sixty (60) days.  The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owners judgment, the best interests of the Owner will thereby be promoted.

A certified check or Bid Bond payable to the Etowah County Board of Education in an amount not less than five percent (5%) of the amount of the bid, but in no event more than $10,000.00 must accompany the bidder’s proposal.  Performance and statutory labor and material payment bonds will be required at the signing of the Contract.

All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect. All bidders shall show such evidence by clearly displaying current license number on the outside of the sealed envelope in which the proposal is delivered. 

Electronic images of the documents may be viewed on-line and printed by General Contractors, Sub Contractors and Suppliers by obtaining documents through the  www.mckeeassoc.com web site, by contacting the Architect at mckeeplans@gmail.com for log-in information and password. Please provide company name, address, phone #, fax #, email address and GC License #. This is the only web site endorsed by the Architect. The Architect is unable to monitor, confirm and maintain websites that are beyond his control.  Addendums shall be posted on the above web site. The Architect retains ownership and copyrights of the documents. If bidders require printed sets the following shall apply: Submit to the Architect a deposit of $75.00 per set. The deposit shall be refunded less shipping charges for each set returned in reusable condition within ten days after bid opening. 

All RFI’s and RFA’s regarding the bid documents shall be sent and addressed thru the following e-mail account:  singletonk@mckeeassoc.com. The Architect will not accept inquires via telephone or fax. 

Completion Time: Work shall be completed by in 60 calendar days from the “Notice To Proceed”.

Supervision: Contractor to provide Superintendent(s) to ensure proper supervision for all work. 

Owner:

Dr. Robert A. Cosby, Superintendent

The Etowah County Board of Education

3200 West Meighan Blvd.

Gadsden, Alabama 35904

Phone: (256) 549-7578 

 

Architect:

McKee and Associates

Architecture and Interior Design

631 South Hull Street

Montgomery, Alabama  36104

Phone:  (334) 834-9933

Sept 18, 25 & Oct 2, 2015

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on November 2, 2015 for charges due.

2002 Honda Accord VIN# 1HGCG22512 A009902

2001 MITS Eclipse VIN# 4A3AC54 HX1E187 144

2001 Chev Impala VIN# 2G1WH55K6 19119536

2008 Chev Trailblaz VIN# 1GNDS13S7 82196296

1994 Lexs SC300 VIN# JT8JZ31C 5R0 017716

1988 Ford Thunderbird VIN# 1FABP62 F3JH 157510

2011 BMW 328I VIN# WBAPK7C 54BF08 5981

ER Towing & Recovery

62 Harper Lane

Hokes Bluff, AL 35903

Sept 25 & Oct 2, 2015

______________

U.S. POSTAL SERVICE STATEMENT OF OWNERSHIP MANAGEMENT AND CIRCULATION.

Required by 39 USC 3685

(1) Publication Title: The Messenger Newspaper

(2) Publication Number: 011757

(3) Filing Date: September 25, 2015

(4) Issue Frequency: Weekly

(5) Number of issues Published Annually: 52

(6) Annual Subscription Price: Local $25.00; other $30.00

(7) Complete Mailing Address of Known Office of Publication: Post Office Box 858, Gadsden, AL 35902.

(8) Complete Mailing Address of Headquarters or General Business office of Publication: 408 Broad Street, Gadsden, AL 35901

(9) Full Names and Complete Mailing Address of Publisher, Editor and Managing Editor: Publisher – Chris  McCarthy, Post Office Box 858, Gadsden, AL 35902; Editor – Chris McCarthy, Post Office Box 858, Gadsden, AL 35902

(10) Owner: The Messenger, LLC

(1) Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: Phillip Hodges, Sr., Jon Craig Ford, P. O. Box 858, Gadsden, AL 35902.

(12) Tax Status: Has Not Changed During Preceding 12 Months.

(13) Publication Title: The Messenger Newspaper

(14) Issue Date for Circulation Data Below: October 4, 2013

(15) Extent and Nature of Circulation: General

Average No. Copies each Issue During Preceding 12 Months/No. Copies of Single Issue Published Nearest to Filing Date

a. Total Number of Copies (net press run) 6847/6814 b. Paid and/or Requested Circulation: (1) Mailed Outside-County Paid Subscription Stated on PS Form 3541 244/244 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 1166/1166 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 6627/6581 (4) Paid Distribution by Other Classes of Mail Through The USPS 62/64 c. Total Paid Distribution 6627/6581 d. Free or Nominal rate Distribution (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0/0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 0/0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS 175/175 (4) Free or Nominal Rate Distribution Outside the Mail 0/0 e. Total Free or Nominal rate Distribution 175/175 f. Total Distribution 6802/6756 g. Copies not Distributed 45/58 h. Total 6847/6814 i. Percent Paid 97.42/97.40. Not applicable 17. Publication of Statement of Ownership Printed in the October 2, 2015 publication.

Signed on September 25, 2015, Chris McCarthy, Publisher

Latest News

Iva Nelson honored for 40 years of service
Etowah Democratic Women’s Club to host cake auction, raffle fundraiser
Etowah educators gather for Chamber summit
Gadsden Land Bank Authority completes move to new platform
Lions Club holds annual Pancake Day

Latest Sports News

Southside takes deciding third game against Arab
Walk off single sends Coosa to second round
Sardis dries out Moody following weather delay
Ashville dispatches West Limestone, moves to second round
Blue Devils begin state title defense in style