Legals for 11/03/2023 – 11/09/2023

FacebookGoogle+TwitterLinkedIn

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Ronald Bartlett and Brenda E. Bartlett, husband and wife, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Southern Home Mortgage Corp., its successors and assigns, on September 25, 2015, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on December 9, 2015, as Document Number 3427334. GMFS LLC, the current holder, 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 November 22, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), SECTION 12, TOWNSHIP 10 SOUTH, RANGE 5 EAST OF HUNTSVILLE MERIDIAN AND RUN S 89 ° 17’ E, ALONG THE NORTH LINE OF SAID ¼, 1338.50 FEET TO THE WEST R/W LINE OF SMITH’S CHAPEL ROAD (60’ R/W); THENCE DEFLECT RIGHT AND RUN S 00° 07’ E, ALONG SAID R/W, 279.97 FEET TO THE POINT OF BEGINNING OF THE PROPERTY DESCRIBED HEREIN; THENCE CONTINUE S 00° 07’ E, ALONG SAID R/W, 170.00 FEET TO AN EXISTING REBAR; THENCE DEFLECT RIGHT AND RUN N 89° 23’ W, 180.00 FEET TO A POINT; THENCE DEFLECT RIGHT AND RUN N 00° 07’ W, 170.00 FEET TO A POINT; THENCE DEFLECT RIGHT AND RUN S 89 ° 23’ E, 180.00 FEET TO THE POINT OF BEGINNING. SAID PROPERTY BEING A PORTION OF THE SW 1/4 OF THE SW 1/4, SECTION 12, T-10-S, R-5-E, ETOWAH COUNTY, ALABAMA AND CONTAINS 0.70 ACRE (MORE OR LESS).

More commonly known as: 975 Smith Chapel Road, Boaz, AL 35956

This Property will be sold on as “as is, where is” basis, 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.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

GMFS LLC (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

October 20, 27, and November 3, 2023           

_____________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Audrey M Casey Glenn F Casey to American Reverse Mortgage dated March 31, 2005; said mortgage being recorded on April 13, 2005, as Instrument No. M-2005-1485 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST in Instrument 3562682 in the Office of the Judge of Probate of Etowah County, ALABAMA.

The undersigned, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACI-TY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUSTunder 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 November, 2023 the following property, situated in Etowah County, Alabama, to-wit:

LOTS 8 AND 9, IN BLOCK “B” OF MATTIE GWIN’S SIXTH STREET SUBDIVISION, RECORDED IN PLAT BOOK “B”, PAGE 219, OFFICE, ETOWAH COUNTY, ALABAMA.

Said property is commonly known as 605 South 6th St, Gadsden, AL 35901.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all out-standing liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 23-05074AL

www.foreclosurehotline.net

October 20, 27,  and November 3, 2023              

____________

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Lessie Fluharty, an unmarried woman, to Generation Mortgage Company, on November 10, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on November 26, 2008, as Document Number 3305039. Mortgage Assets Management, LLC, the current holder, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on January 10, 2024, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing 5/8” rod at the Southwest corner of the North-Half (N ½) of the NE ¼ of the NE ¼, Section 19, T-11-S, R-4-East of the Huntsville Meridian and run N89°24’44”, along the South line thereof, 406.78 feet to an existing 3/8” rebar; thence run N57°03’13”E, leaving said South line, 76.75 feet to an existing ½” pipe and the point of beginning of the property described herein; thence run N48°14’44”E 187.37 feet to an existing ½” pipe on the Westerly R/W of Bud Umphrey Road (60’R/W); thence run N26°49’00”W along said R/W 241.78 feet to a point at the Southeast corner of Instrument #3472752, Etowah County Probate Office; thence Run S63°36’12”W, leaving said R/W 198.00 feet to an existing ½” pipe; thence run S30°08’41”E 292.02 feet to the point of beginning. Said property being a portion of the N ½ of the N ¼ of the NE ¼, Section 19, T-11-S, R-4-E, Etowah County, Alabama and contains 1.67 acres (more or less).

More commonly known as: 4062 Bud Umphrey Road, Altoona, AL 35952

This Property will be sold on as “as is, where is” basis, 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.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

Mortgage Assets Management, LLC (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 3, 10, and 17, 2023

___________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Steve L Graham Andcarmen J Graham  (Married Couple),  to Green Tree Financial Corp. – Alabama dated August 29, 1996; said mortgage being recorded on August 30, 1996, in Book 1996, Page 243 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 Trustee, as successor to Firstar Trust Company, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1996-8 in Instrument 3490030 in the Office of the Judge of Probate of Etowah County, ALABAMA.

The undersigned, U.S. Bank National Association, as Trustee, as successor to Firstar Trust Company, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1996-8under 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 1st day of December, 2023 the following property, situated in Etowah County, Alabama, to-wit:

A parcel of land located in the Northwest Quarter of the Northwest Quarter, Section 16, Township 12 South, Range 8 East, said property being more particularly described as follows: Commence at the Northwest corner of Section 16, Township 12 South, Range 8 East; thence run South 05 degrees 23 minutes West along the West line of said Section 16 a distance of 173.95 feet to the point of beginning; thence continue South 05 degrees 23 minutes West along said West line a distance of 82.75 feet; thence run South 29 degrees 59 minutes East a distance of 249.75 feet to a point on the North line of an existing dirt road; thence run North 78 degrees 07 minutes East along the North line of said road a distance of 175.42 feet; thence run North 26 degrees 01 minute West a distance of 154.11 feet; thence run North 76 degrees 43 minutes West a distance of 118.92 feet; thence run North 47 degrees 30 minutes West a distance of 143.26 feet to the point of beginning; and lying and being in the Northwest Quarter of the Northwest Quarter, Section 16, Township 12 South, Range 8 East in Etowah County.

Said property is commonly known as 9060 Oak Lake Drive, Hokes Bluff, AL 35903.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR TO FIRSTAR TRUST COMPANY, AS TRUSTEE, FOR MANUFACTURED HOUSING CONTRACT SENIOR/SUBORDINATE PASS-THROUGH CERTIFICATE TRUST 1996-8

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 9277720

www.foreclosurehotline.net

November 3, 10, and 17, 2023

____________

NOTICE OF FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 18, 2019, executed by Stephanee Albi Esch and Heath Esch, wife and husband, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Goldwater Bank, N.A., which mortgage was recorded on September 18, 2019, Instrument Number 3490730, and modified by that certain Loan Modification Agreement recorded on June 1, 2022, in Instrument Number 3541250, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama and which mortgage was, duly transferred and assigned to Allied First Bank, SB dba Servbank , notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama during the legal hours of sale on December 20, 2023, the following described real estate, situated in Etowah County,  Alabama, to-wit:

LOT TWENTY-SIX (26) SOUTHPOINT ESTATES UNIT TWO AS SAME APPEARS OF RECORD IN PLAT BOOK I, PAGE 11, PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. 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 condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The successful bidder must tender full funds at the conclusion of the sale in the form of a certified check made payable or endorsed to Padgett Law Group. No personal checks will be accepted. To this end you must bring sufficient funds to outbid the lender and any other bidders, Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded. Padgett Law Group reserves the right to award the bid to the next highest bidders should the highest bidder fail to timely tender the total amount due.

ALLIED FIRST BANK, SB DBA SERVBANK

Padgett Law Group

4245 Balmoral Drive SW

Suite 101

Huntsville, AL 35801

November 3, 10, and 17, 2023    

_____________

NOTICE OF FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 4, 2022, executed by John Hartley and Randi Hartley, a married couple, joint tenants with full rights of survivorship, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Rocket Mortgage, LLC f/k/a Quicken Loans, LLC, which mortgage was recorded on January 10, 2022, in Instrument Number 3533599, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama and which mortgage was duly transferred and assigned to Rocket Mortgage, LLC, f/k/a Quicken Loans, LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama during the legal hours of sale on October 11, 2023, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Number Three (3), Four (4), and Five (5) in Unit One (1) of the Leota Subdivision, according to the map or plat thereof recorded in Plat Book “G”, Page 301 and as amended in Plat Book “H”, Page 26, Probate Office, Etowah County, Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. 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 condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The successful bidder must tender full funds at the conclusion of the sale in the form of a certified check made payable or endorsed to Padgett Law Group. No personal checks will be accepted. To this end you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded. Padgett Law Group reserves the right to award the bid to the next highest bidders should the highest bidder fail to timely tender the total amount due.

Rocket Mortgage, LLC f/k/a Quicken Loans, LLC

Transferee

The sale provided for hereinabove was postponed on the 11th day of October, 2023, by public announcement being made at 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 6th day of December, 2023, at the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.

Robert J. Wermuth/jmm

Padgett Law Group

4245 Balmoral Drive SW, Suite 101

Huntsville, AL 35801

Attorney for Mortgagee

November 3, 2023    

___________

SHERIFF’S SALE

UNDER AND BY VIRTUE of a judgment and execution issued by the State of Alabama Department of Revenue, Montgomery County, Alabama, on the 31st day of August, 2023, against Chris A. Segers, directed the Sheriff of Etowah County to sale UNDIVIDED INTEREST of listed property for judgment in the amount of $112,658.83 plus daily interest.

I will proceed to sell UNDIVIDED INTEREST of the following property to wit:

H/S BASE YEAR BEG NE COR SE 1/4TH SW 1/4TH W 434.35 TO N ROW OF

PILGRIMS REST RD TH SE 472.9 ALONG ROW TH N 169.55 TO POB LYING IN SE 1⁄4

SW % 10-13-6 1987 WILL, 1523-85,1574-167, 1991 WILL, 1693-313, 2013-25 D-2000-1034, D- 2000-1981, D-1015-3413417 (ROS)

PROPERTY ADDRESS 4490 Pilgrims Rest Road, Southside, Al. 35907

Parcel 21-02-10-0-001-069.000

Therefore, according to said command, I shall expose for sale at public auction, right, title and UNDIVIDED INTEREST of Chris A. Segers in above described property.

Property will be sold to highest bidder for cash at public outcry. All properties sold subject to any and/or all mortgages, liens, encumbrances, fees and other lawful charges.

Sale will be held Monday December 4, 2023 at 11:00 A.M. at the front door of the Etowah County Courthouse

Jonathon W. Horton,

Etowah County Sheriff

November 3, 10 and 17, 2023 

_____________

POSTPONEMENT OF NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Kevin Johnson, an unmarried man, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for First Federal Bank, a FSB, its successors and assigns, on August 28, 2020, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on August 31, 2020 at Instrument No. 3507585. Freedom Mortgage Corporation, the current holder, 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 November 29, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Sixteen (16) of Lee Estates Addition One (1), according to the map thereof recorded in Plat Book “I”, Pages 22-23 in the Probate Office of Etowah County, Alabama.

This Property will be sold on as “as is, where is” basis, 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.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C..  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C..  Halliday, Watkins & Mann, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO January 10, 2024 AT THE TIME AND PLACE SET FORTH ABOVE.

PUBLICATION DATES:

September 15, 2023, September 22, 2023, September 29, 2023

POSTPONED PUBLICATION DATES: November 3, 2023

Freedom Mortgage Corporation (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 3, 2023      

_____________

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William Gerald Mims and wife, Sharon Mims, husband and wife, as joint tenants with right of survivorship , to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Freedom Mortgage Corporation, its successors and assigns, on July 8, 2021, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on August 3, 2021, as Document Number 3525241. Freedom Mortgage Corporation, the current holder, 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 November 29, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

TO REACH THE POINT OF BEGINNING OF THE LANDS HEREIN CONVEYED BEGIN AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OE THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 12 SOUTH, RANGE 5 EAST, IN ETOWAH COUNTY, ALABAMA, AND FROM THENCE RUN IN A SOUTHERLY DIRECTION ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 484 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE LANDS HEREIN CONVEYED; THENCE CONTINUE IN A SOUTHERLY DIRECTION ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 484 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF THAT CERTAIN PUBLIC ROAD LEADING FROM THE MILLER HOLLOW ROAD TO THE LEONARD JONES PROPERTY; THENCE RUN IN AN EASTERLY DIRECTION AND ALONG THE NORTH RIGHT OF WAY LINE OF SAID ROAD A DISTANCE OF 450 FEET TO A POINT; THENCE RUN IN A NORTHERLY DIRECTION AND PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 484 FEET, MORE OR LESS, TO A POINT; THENCE RUN IN A WESTERLY DIRECTION AND PARALLEL TO THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 450 FEET TO THE POINT OF BEGINNING, AND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 12 SOUTH, RANGE 5 EAST, IN ETOWAH COUNTY, ALABAMA, CONTAINING 5 ACRES, MORE OR LESS.

More commonly known as: 354 Ponderosa Rd, Attalla, AL 35954

This Property will be sold on as “as is, where is” basis, 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.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

Freedom Mortgage Corporation (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 3, 10, and 17, 2023    

_____________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Jerry Pippin And Spouse Myra J Pippin to Compass Bank dated November 18, 2005; said mortgage being recorded on December 15, 2005, as Instrument No. M-2005-5419  in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, PNC Bank, National Association, successor by merger to BBVA USA, formerly known as Compass Bankunder 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 8th day of December, 2023 the following property, situated in Etowah County, Alabama, to-wit:

LOTS NUMBER FIVE (5) AND SIX (6) IN BLOCK “G”, IN STRINGER REALTY COMPANY’S RESURVEY OF EDENWOOD ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “C”, PAGE 257, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON.

Said property is commonly known as 926s 6th St, Gadsden, AL 35901.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO BBVA USA, FORMERLY KNOWN AS COMPASS BANK

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 23-04576AL

www.foreclosurehotline.net

November 3, 10, and 17, 2023             

_____________

FILE CLAIMS

Jeffrey P. Cerecke was/were appointed Personal Representative(s) on 09/19/2023 to the Estate of Ronald P. Cerecke, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

John  Michael Minton was/were appointed Personal Representative(s) on 09/05/2023 to the Estate of Susan Williams Minton, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

Pamela Denise Dejohn was/were appointed Personal Representative(s) on 09/06/2023 to the Estate of Dora Aileen Battles, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

Jesse Christopher Voelkert was/were appointed Personal Representative(s) on 09/19/2023 to the Estate of James Craig Voelkert, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

Edward B. Weaver, III was/were appointed Personal Representative(s) on 08/18/2023 to the Estate of Lois Marie Weaver, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

Sheila Juanese Hansard was/were appointed Personal Representative(s) on 09/13/2023 to the Estate of Saundra Elaine Carnes, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

Susan Dianne Barnes was/were appointed Personal Representative(s) on 08/29/2023 over the Estate of Randall Steve Barnes, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

_____________

FILE CLAIMS

Gray Brandon Thrasher was/were appointed Personal Representative(s) on 09/22/2023 to the Estate of Brenda Rovine Thrasher, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

Hiram McKinley Jenkins was/were appointed Personal Representative(s) on 09/11/2023 to the Estate of Rebecca Bell Jenkins, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

Janet Peake was/were appointed Personal Representative(s) on 09/08/2023 to the Estate of Loretta G. Sloan, a/k/a Loretta Gibbs Sloan, deceased, Probate Court of

Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

Dimas Garcia Vega was/were appointed Personal Representative(s) on 09/08/2023 over the Estate of Norma Alicia Gonzalez-Garcia, deceased, Probate Court of

Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

Hayden Hedgspeth was/were appointed Personal Representative(s) on 09/11/2023 over the Estate of Grover Edward Hedgspeth, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

William Larry Tucker and Terry Lidell Tucker was/were appointed Personal Representative(s) on 09/12/2023 over the Estate of Mary O. Tucker a/k/a Mary Connell Tucker, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

Nolan C. Dykes was/were appointed Personal Representative(s) on 09/12/2023 to the Estate of Henrietta B. Foster, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

FILE CLAIMS

Hugh Wesley Ellis, Jr. was/were appointed Personal Representative(s) on 09/13/2023 to the Estate of Rebecca Tumlin Ellis A/K/A Rebecca Glen Ellis, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months

will be barred.

Scott W. Hassell

Judge of Probate

October 20, 27, and

November 3, 2023

____________

FILE CLAIMS

Amy Keith was/were appointed Personal Representative(s) on 09/18/2023 to the Estate of Stephanie M. Theoret a/k/a Stephanie Michelle Theoret, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

November 3, 10, and 17, 2023

____________

FILE CLAIMS

Jason Bryant was/were appointed Personal Representative(s) on 09/20/2023 over the Estate of Amanda Bryant, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

November 3, 10, and 17, 2023

_____________

NOTICE OF

HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JOYCE LEE RODEN, INCAPACITATED,

Case #: I-283

TO: Any interested  party

Please take notice that a PETITION TO APPROVE THE SALE OF REAL PROPERTY belonging to the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 6th day of NOVEMBER , 2023 at 3:00p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 12TH DAY OF OCTOBER 2023.

Scott W. Hassell

PROBATE JUDGE

October 20, 27, and November 3, 2023

_____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: RONDA RUSSO, ALLEGED INCAPACITATED, 

Case #: 2023-453

TO: David Glaze and/or any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 4 day of DECEMBER 2023 at 2:30 P.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose. The Hearing that was previously scheduled for the 6th day of December 2023 at 3pm is CANCELLED.

DONE THIS THE 19TH DAY OF OCTOBER 2023.

Scott Hassell

PROBATE JUDGE

October 27, November 3 and 10, 2023

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF:  MICHAEL WICKER, ALLEGED INCAPACITATED,

Case #: 2023-474

TO: Any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and fur-ther, that the 11th day of DECEMBER 2023 at 2:00 p.m. was appointed a day and time for hear-ing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 26TH DAY OF OCTOBER 2023.

Scott Hassell

PROBATE JUDGE

October 27, November 3, and 10, 2023

____________

NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF CONSERVATORSHIP

Notice to: David Glaze, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Ronda Russo and a Petition for Letters of Conservatorship over the estate of Ronda Russo was filed by Gadsden Regional Medical Center on the 17TH day of OCTOBER 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 6th day of December, 2023, at 3:00 o’clock p.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

October 20, 27, and November 3, 2023

___________

PUBLICATION NOTICE

IN THE MATTER OF THE ADOPTION PETITION OF CHAD SHAW and LORI SHAW 

CASE NO. 2023-002766

NOTICE TO: UNKNOWN FATHER

You will take notice on the day of 11th day of July 2023, a Petition for Adoption of a minor child born to AMY HALL, a natural mother, was filed with the Etowah County Probate Court, alleging that the natural father’s identity and whereabouts are unknown and/or that the natural father to the aforesaid minor child is that of a putative father. Minor child’s date of birth is January 31, 2022.

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 the Petitioners:

Joshua B. Sullivan

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

This the 23rd day of October 2023

Scott W. Hassell

Judge of Probate

October 27, November 3, 10, and 17, 2023

____________

SERVICE OF PROCESS TO UNKNOWN FATHER

In Re: In the Probate Court of Etowah County, Alabama

Amelia Jean Leanne Newton, a minor child

Case No.: 2023-00390

NOTICE TO: Ernie Joshua Newton

You will take notice that the mother and custodian of Amelia Jean Leanne Newton, has filed a Petition for name change of minor child. A hearing has been set on this Petition for the 4th day of December 2023 at 10:00 a. m. in the Office of the Judge of Probate. That The Messenger is hereby Ordered to publish notice to Ernie Joshua Newton, all necessary matters sufficient in which to appropriate service by publication by publishing the same once a week for (4) successive weeks. Further upon completion of the same The Messenger shall forward the Affidavit of Completion to the Petitioner’s attorney.

Executed on October 5, 2023.

Scott W. Hassell

Judge of Probate

Name and Address of Attorney:

Clark Hall, Esq.

750 Forrest Avenue

Gadsden, AL 35901

October 13, 20, 27, and November 3, 2023

____________

NOTICE OF PETITION FOR TERMINATION OFPARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF H. M. A Child

TO: Tony Morgan

You are hereby given notice that a petition has been filed by the Etowah County Department of Human Resources requesting that your parental rights be terminated to H.M. born. 10-23-2009. You are hereby given notice that you are required to file an Answer with the Clerk of the Juvenile Court of Etowah County, Alabama and with the Petitioner’s attorney, Sheri W. Carver Stallings, Assistant Attorney General, STATE OF ALABAMA DEPT. OF HUMAN RESOURCES 220 West Main St., within fourteen (14) days of the date of the last publication of this notice or a default judgment can be entered against you. A parent has the right to representation of an attorney in a dependency or a termination of parental rights trial, and, if indigent, the Court may appoint an attorney if requested. Should the parent desire a court-appointed attorney, application should be made immediately upon receipt of notice of the action, by contacting the

Clerk of the Juvenile Court of Etowah County, Alabama. A final hearing has been set for

11-17-2023 at 9:00am before Hon. Will Clay at the Etowah County Judicial Building in Gadsden, Alabama. You may appear and contest the same if you choose.

CASSANDRA JOHNSON

Circuit Clerk

Etowah County Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings

Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre, Alabama 35960

November 3, 10, 17, and 24, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF  PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF C. M. A Child

TO: Tony Morgan

You are hereby given notice that a petition has been filed by the Etowah County Department of Human Resources requesting that your parental rights be terminated to C.M. born 10-06-2010. You are hereby given notice that you are required to file an Answer with the Clerk of the Juvenile Court of Etowah County, Alabama and with the Petitioner’s attorney, Sheri W. Carver Stallings, Assistant Attorney General, STATE OF ALABAMA DEPT. OF HUMAN RESOURCES 220 West Main St., within fourteen (14) days of the date of the last publication of this notice or a default judgment can be entered against you. A parent has the right to representation of an attorney in a dependency or a termination of parental rights trial, and, if indigent, the Court. may appoint an attorney if requested. Should the parent desire a court-appointed attorney, application should be made immediately upon receipt of notice of the action, by contacting the Clerk of the Juvenile Court of Etowah County, Alabama. A final hearing has been set for

11-17-2023 at 9:00am before Hon. Will Clay at the Etowah County Judicial. Building in Gadsden, Alabama. You may appear and contest the same if you choose.

CASSANDRA JOHNSON

Circuit Clerk

Etowah County, Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings.

Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre, Alabama 35960

November 3, 10, 17, and 24, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF J. M. A Child

TO: Tony Morgan

You are hereby given notice that a petition has been filed by the Etowah County Department of Human Resources requesting that your parental rights be terminated to J.M. born 01-13-2012. You are hereby given notice that you are required to file an Answer with the Clerk of the Juvenile Court of Etowah County, Alabama and with the Petitioner’s attorney, Sheri W. Carver Stallings, Assistant Attorney General, STATE OF ALABAMA DEPT. OF HUMAN RESOURCES 220 West Main St., within fourteen (14) days of the date of the last publication of this notice or a default judgment can be entered against you. A parent has the right to representation of an attorney in a dependency or a termination of parental rights trial, and, if indigent, the Court may appoint an attorney if requested. Should the parent desire a court-appointed attorney. application should be made immediately upon receipt of notice of the action, by contacting the Clerk of the Juvenile Court of Etowah County, Alabama. A final hearing has been set for 11/17/23 at 9:00 AM before Hon. Will Clay at the Etowah County Judicial Building in Gadsden

Alabama. You may appear and contest the same if you choose.

CASSANDRA JOHNSON

Circuit Clerk

Etowah County, Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings

Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre. Alabama 35960

November 3, 10, 17, and 24, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

IN RE: IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

A.R.W., a minor child

CASE NO.: JU-2021-095.02

NOTICE TO: Toni Boatwright Johnson, the mother

You are hereby given notice that a Petition has been filed by the Etowah County Department of Human Resources seeking to terminate your parental rights to minor child A.R.W., born to Toni Boatwright Johnson on August 15, 2007. You must file an Answer to the Petition with the Clerk of the Etowah County Juvenile Court within fourteen (14) days from the date of last publication of this notice. If you fail to file an Answer within the allowed time, a judgment by default may be entered against you. You are further notified that you have the right to have an attorney represent you in this matter, and if you cannot afford to hire an attorney, one can be appointed by the Court to represent you. The Petition is set for hearing at 1:30 p.m. on December 11, 2023, before Hon. Joe F. Nabors at the Etowah County Judicial Building, 801 Forrest Avenue, Gadsden, Alabama. You may appear at the hearing and contest the Petition.

Dated this 2nd day of November 2023.

Cassandra Johnson

DISTRICT/JUVENILE COURT CLERK

Laura T. Lloyd

Attorney for Etowah County DHR

P.O. Box 81/819 West Main St., Suite C

Centre, AL 35960

November 3, 10, 17, and 24, 2023

___________

ORDER FOR SERVICE BY PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

KING NATHANIEL D. Plaintiff,

V. Case No.: CV-2023-900418.00

BERSANTI JERALD R, BERSANTI DIANE, Defendants.

The Defendants, whose whereabouts are unknown, must answer Plaintiff’s Complaint for Sale of Division within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

DONE this 19th day of October, 2023.

/s/ CODY D. ROBINSON

CIRCUIT JUDGE

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200

(256) 467-6322 fax

October 20, 27, November 3 and 10, 2023

___________

PUBLICATION NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NUMBER:

CV-2023-900428

THE ESTATE OF TIMOTHY DAVID MCCLENDON, deceased,  Plaintiff,

VS. RHONDA MASTERS and ANY UNKNOWN HEIRS OF WILLIAM EUGENE JONES, and

SE 1/4 OF THE SE 1/4 IN SECTION 10, TOWNSHIP 12 SOUTH, RANGE 4 EAST, IN ETOWAH COUNTY, ALABAMA, CONTAINING FORTY (40) ACRES, MORE OR LESS.

DEFENDANTS.

NOTICE ISSUED TO THE FOLLOWING: Rhonda Masters and any unknown heirs of William Eugene Jones or their Heirs and Devisees if deceased, and all other persons claiming any present, future, contingent, reversion, or other interest in the above described real property.

Please take notice that The Estate of Timothy David McClendon has filed an action in the Circuit Court of Etowah County, Alabama seeking to quiet title to the above described real property. The above named defendant, whose whereabouts are unknown, must answer said Complaint on or before December 11, 2023, or thereafter a judgment by default may be rendered against said Defendants in Etowah County Circuit Court Case Number: CV-2023-900428.

DONE this 16th day of October, 2023.

CASSANDRA “SAM” JOHNSON,

CLERK OF COURT

Jonathan M. Welch

Attorney for Plaintiff

1925 Rainbow Drive

Gadsden, Alabama 35901

October 20, 27, November 3 and 10, 2023

_______________

NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2023-900403

RUSSELL PLAISANCE AND TAMMY PLAISANCE, Plaintiffs, vs.

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

PARCEL ONE: LOT NUMBER (20) TWENTY IN BLOCK (30) THIRTY OF THE SOUTH GADSDEN

ADDITION TO THE CITY OF GADSDEN, AS

RECORDED IN PLAT BOOK “B”, PAGE 314, OFFICE OF THE JUDGE OF PROBATE, ETOWAH

COUNTY, ALABAMA. And

PARCEL TWO: LOTS NUMBER SEVENTEEN (17), EIGHTEEN (18) and NINETEEN (19), IN BLOCK

NUMBER THIRTY (30), IN GADSDEN REALTY

COMPANY’S SOUTH GADSDEN, OR CRESCENT HEIGHTS ADDITION, ACCORDING TO MAP OR

PLAT THEREOF AS THE SAME APPEARS OF RECORD IN BOOK OF TOWN PLATS “ B”, PAGES 314 AND 315, PROBATE OFFICE, AND BEING

AND LYING IN THE CITY OF GADSDEN,

ETOWAH COUNTY, ALABAMA.    

FRANKIE RUTH THOMASON, PATRICK

D. STARGEL, INCLUDING ANY 

HEIRS OR DEVISEES OF THE SAME

AND THOSE WHOSE ADDRESSES ARE

UNKNOWN AND ANY AND ALL 

UNKNOWN PARTIES, including any persons claiming any present interest therein and  including any person claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above described property,

Defendants.                                

The Defendants, FRANKIE RUTH THOMASON and PATRICK D. STARGEL, and/or their heirs or devisees, and any other individual who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer the Bill to Quiet Title filed by Russell Plaisance and Tammy Plaisance within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done the 28th day of September, 2023.

/s/ Cassandra Johnson

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, Alabama 35901

T: 256-547-7200

F: 256-467-6322

kkslawgroup.com

October 13, 20, 27, and November 3, 2023

____________

NOTICE OF COMPLAINT FOR BILL TO OUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

TERESA HILL, Plaintiff CASE NO.: CV–2023-900

V

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

All that part of the NE 1/4 of the SE 1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian more particularly described as follows: Commencing at the Southeast corner of the NE 1/4 of the SE 1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian; thence deflect

N 01 048’ 57” W a distance of 582.48 feet to the point of beginning. From said point of beginning S 88 0 1 IT3” W a distance of 210.00 feet to a point; thence N 01 0 48’ 57” W a distance of 259.28 feet to a point; thence N 88 0 1 1’ 03 it E a distance of 210,00 feet to a point; thence S 01 0 48 1 57” E a distance of 259.28 feet to the point of beginning, containing 1.25 acres, more or less, less and except any easements or rights-of-way and being a portion of the NE 1/4 of the SE 1/4 of Section 9, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

PARCEL NUMBER: 04-02-09-0-001-019.001

PPIN: 064056

PROPERTY ADDRESS: 1877 Oak Drive, Boaz, Alabama 35956

The heirs at law and next of kin of Ellen Maurine Quarles, DECEASED.

Any persons claiming any present interest therein and including any person claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above described property.

Defendants.

Heirs or next of kin, and any other individuals, who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer the Bill to Quiet Title filed by TERESA HILL, within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done the 27th day of October 2023.

/S/CASSANDRA JOHNSON

CLERK OF THE CIRCUIT COURT OF ETOWAH COUNTY, AL.

Richard A. Rhea

THE RHEA FIRM

930 Forrest Avenue

Gadsden, AL. 35901

Phone: 256-547-6801

Fax: 256-549-0271

November 3, 10, 17, and 24, 2023

____________

NOTICE OF FINAL HEARING BY PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

GADSDEN LAND BANK AUTHORITY, a Public Corporation, Plaintiff,

v. CIVIL ACTION NO.: CV-2022-00137

CHARLES CROCTON, if alive whereabouts unknown; if deceased, the heirs, successors and creditors; THELMA MELVIN, if alive whereabouts unknown; if deceased, the heirs, successors and creditors; ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real property locat-ed at 1300 Ellis Avenue, Gadsden, Alabama 35904 and having a legal description of: Lot Num-ber Twenty-one (21), Block Number Six (6), of the Ellis Addition to Gadsden, as appears in Plat Book “D”, page 123, in the office of the Judge of Probate of Etowah County, Alabama, together with all improvements located thereon,  and known as Parcel ID No. 15-03-07-3-000-102.000, PPIN: 39134; and any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the real estate described herein,

Defendants.  

TO CHARLES CROCTON, if alive whereabouts unknown; if deceased, the heirs, successors and creditors; THELMA MELVIN, if alive whereabouts unknown; if deceased, the heirs, successors and creditors ETOWAH COUNTY, ALABAMA; CITY OF GADSDEN; and any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the re-al estate described herein,

TAKE NOTICE that on December 15, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclo-sure action in the Probate Court of Etowah County, Alabama concerning the rights and/or inter-ests in the following real property:

Lot Number Twenty-one (21), Block Number Six (6), of the Ellis Addition to Gadsden, as ap-pears in Plat Book “D”, page 123, in the office of the Judge of Probate of Etowah County, Ala-bama, together with all improvements located thereon.

Property Address:  1300 Ellis Avenue, Gadsden, Alabama 35904

ANY PERSON WITH A PROPERTY INTEREST IN THE ABOVE PROPERTY IS HEREBY NOTIFIED THAT THEY MAY LOSE SUCH INTEREST, IF ANY, AS A RESULT OF THE ABOVE-REFERENCED QUIET TITLE AND FORECLOSURE ACTION. The final hearing on this quiet title and foreclosure action is hereby set for January 4, 2024 at 9:00 a.m. in William Ogletree’s Courtroom, Etowah County Courthouse, 801 Forrest Avenue, Gadsden, Alabama 35901. The judgment of the Court may result in title to the property vesting in the Gadsden Land Bank Authority. Any person who proves to the Court’s satisfaction a right to redeem the property pursuant to Alabama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may redeem the property pursuant to those statutes within five (5) days after the appropriate Order on Final Hearing is issued. FAILURE TO REDEEM THE PROPERTY AND PRESENT PROOF OF REDEMPTION TO THE CIRCUIT COURT WITHIN THE 5-DAY PERIOD MAY RESULT IN A LOSS OF THE RIGHT OF REDEMPTION.

The address of the Gadsden Land Bank Authority is City Hall, 90 Broad Street, Gadsden, Ala-bama 35901.  The Gadsden Land Bank Authority may be contacted care of Erin Patterson, City of Gadsden, at (256)549-4590.

IT IS THEREFORE ORDERED by the undersigned Clerk of Court that publication of this notice be made once a week for three consecutive weeks in the Gadsden Messenger, a newspaper of general circulation in Etowah County, Alabama, and that all persons to whom this notice is ad-dressed and any and all persons claiming any title to, interest in, or lien or encumbrance on the above-described land or any part thereof are hereby directed to plead, answer or otherwise re-spond to the Complaint in this cause before the hearing date or a judgment by default may be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint.

Dated this the 20th day of October, 2023.

Cassandra “Sam” Johnson, Circuit Clerk

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

P.O. Box129, Gadsden, AL 35901

Phone: 256-543-3664 / Fax: 256-543-3674

October 27, November 3, 10, and 17, 2023

___________

PUBLIC HEARING

November 20, 2023 and 10:00AM

ATTALLA CITY HALL

The City of Attalla will hold a public hearing on Monday, November 20, 2023 at 10:00 A.M. at Attalla City Hall for the vacation of a portion of the Alley between 3rd Street NW and 4th Street NW and between 3rd Avenue NW and 4th Avenue NW situated in the City of Attalla, Etowah County, Alabama and particularly described as follows, to wit:

A Portion of a 15’ Wide Alley Right of Way

BEGINNING AT THE NORTHWEST CORNER OF LOT 12 BLOCK 11, OF THE MAP OF THE ORIGINAL SURVEY OF ATTALLA, AS RECORDED IN PLAT BOOK “A”, PAGES 226 & 227 IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, SAID POINT OF BEING THE TRUE POINT OF BEGINNING OF THE RIGHT-OF-WAY TO BE VACATED; THENCE RUN NORTH 39 DEGREES 26 MINUTES 39 SECONDS WEST (ALABAMA STATE PLANE GRID, WEST ZONE[NAD83]) A DISTANCE OF 15.00 FEET TO A POINT; THENCE NORTH 50 DEGREES 33 MINUTES 21 SECONDS EAST A DISTANCE OF 151.55 FEET TO A POINT; THENCE SOUTH 39 DEGREES 26 MINUTES 39 SECONDS EAST A DISTANCE OF 15.00 FEET TO A POINT; THENCE SOUTH 50 DEGREES 33 MINUTES 21 SECONDS WEST A DISTANCE OF 151.55 FEET TO THE TRUE POINT OF BEGINNING, LYING AND BEING WITHIN SECTION 3 TOWNSHIP

12 SOUTH RANGE 5 EAST, ATTALLA, ETOWAH COUNTY, ALABAM, AND CONTAINING 0.05 ACRES, MORE OR LESS

The Right of Way Vacation Notice will be publicly advertised for four weeks at the Attalla City Hall, Attalla Library, Carnes Community Center and the Attalla Post Office.  The State also requires us to notify Utility Companies to locate utilities within the alley.  The Police Chief, Fire Chief and Public Works Supervisor must also sign off on the document.  These are normal procedures to satisfy state requirements.

Mandy Cash

City Clerk

City of Attalla

October 20, 27, November 3 and 10, 2023     

____________

PUBLIC HEARING NOTICE

The City of Attalla Board of Adjustments will hold a public hearing on Monday, November 13, 2023 at 5:00 p.m. in the Council Chambers of Attalla City Hall located at 612 4th Street NW, Attalla, AL 35954. The following items will be considered:

Variance requested and filed by Marissa Fleming regarding opening and operating a daycare at the property of 615 Gaines Street SW, Attalla, AL 35954, Parcel No. 16-02-09-3-000-090.000. The property is currently zoned R-2 Two Family Residential.

Variance requested and filed by Dennis Quarles regarding changing the lot width requirement for 100 FT. The request is to change the lot size to 88.33 FT. The property is located at the intersection of Jones Street and Burke Street located in Attalla, AL 35954. Parcel No. 16-05-15-0-001-226.000. The property is currently zoned R-1 Single-Family Residential.

Variance requested and filed by Filishia Clements Thrower regarding renting out extra bedrooms for rent. The property is located at 512 4th Street S.W., Attalla, AL 35954 Parcel No. 16-02-03-3-000-065.000. The property is currently zoned R- 3 Multi-Family Residential.

Mandy Cash

City Clerk

November 3, and 10, 2023   

___________

ORDINANCE NO.O-62-23

Rezoning 1203 Gardner Street

BE IT ORDAINED BY THE CITY COUNCIL OF GADSDEN, ALABAMA, that the Official Zoning Map of the City of Gadsden adopted by Ordinance No. O-02-82, as amended, is hereby further amended by changing the zoning classification district for the following described properties from B-2, General Business District to R-1 One-Family Residence District. Part of Lots 1-3, in the Paden and Hughes Supplement to Block 1, in the Interurban Land Company First Addition, according to the map of said supplement recorded in Plat Book B, Page 208, Probate Office, lying and being in Gadsden, Etowah County, Alabama (Street Address being 1203 Gardner Street). Adopted by the City Council of Gadsden, Alabama at a meeting held on October 3, 2023.

Iva Nelson, City Clerk

November 3, 2023

____________

ORDINANCE  NO. O-63-23

Authorizing Conveyance of Certain Property

Whereas the City of Gadsden owns property located at Gadsden Air Depot, more particularly described as Buildings T-1 and T-2 (attached as Exhibit A); and Whereas, Creek Ridge Properties, LLC has offered to pay $500,000.00 for the property; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows: 1. This real property is not needed for any municipal or public purpose. 2. The Mayor is hereby authorized to execute any and all documents needed to deed the property to Creek Ridge Properties, LLC for the sum of Five Hundred Thousand and 00/100 Dollars ($500,000.00). Adopted by the City Council of Gadsden, Alabama, at a meeting held on October 3, 2023.

Iva Nelson, City Clerk

November 3, 2023       

__________

ORDINANCE NO. O-70-23

Amending Fiscal Year 2024 Budget

WHEREAS, the City of Gadsden applied for and accepted a grant from the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $45,054.00 (R-445-23) to be allocated as follows: The Gadsden Police Department will purchase a camera system with thermal capability, a camera system with WIFI connectivity and a pole adapter and twenty-eight infrared laser and white light illumination systems, in the amount of $45,054.00. The Etowah County Sheriff’s Office has opted to defer funding from this solicitation with the understanding that the equipment will be shared by both departments. The camera systems with WIFI connectivity and the pole adapter along with 6 of the illumination units will be signed over to the Etowah County Sheriff’s Office.  BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, that the General Fund Budget adopted by Ordinance No. O-61-23 (Fiscal Year 2024 Budget), is amended by increasing the following accounts: #192-8555-331.00-00 (Revenue) in the amount of $45,054.00, and account #192-8555-426.70-30 (Other Equipment) in the amount of $45,054.00. Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on October 24, 2023.

Iva Nelson, City Clerk

November 3, 2023

____________

ORDINANCE NO. O-71-23

Amending City Code Section 106-78, Section 106-87 and Section 106-89

Regarding Solid Waste Collection and Disposal

Whereas, the current practice of curbside pickup of household items has led to issues such as illegal dumping, unsightly streets, and inefficient waste management; and

Whereas, alternative waste disposal and recycling options are readily available to residents of the City; and

Whereas, it is in the best interests of the City of Gadsden to encourage residents to utilize the City’s sanitary landfill and recycling center;

Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

Section 1. Section 106-78 of the Code of Ordinances of the City of Gadsden is amended to read as follows:

Sec. 106-78. – Waste not collected by city.

The following litter is not acceptable for collection by the city sanitation department:

(1) Dead animals. Dead animals shall be disposed of as provided in chapter 10, article V.

(2) Dangerous or hazardous materials. Dangerous or hazardous materials or substances such as poisons, acids, caustics, infected materials and explosives shall be disposed of by the owner of the premises in a manner that comports with the public health, safety and welfare. No dangerous or hazardous materials or substances shall be disposed of at the municipal landfill.

(3) Construction and demolition materials. Construction and demolition materials shall be disposed of as provided under section 106-76.

(4) Industrial wastes. The solid wastes resulting from industrial processes shall be disposed of by the owner of the premises in a manner that comports with the public health, safety and welfare.

(5) Household rubbish. Any rubbish other than yard debris which cannot be placed within the residential unit 90-gallon trash receptacle, to include, but not limited to, large household goods such as couches, refrigerators, furniture, mattresses, carpet, appliances, etc.

Section 2. Section 106-87 of the Code of Ordinances of the City of Gadsden is amended to read as follows:

Sec. 106-87. Curbside collection; disposal at landfill.

(a) The city will provide yard debris curbside collection to all residential units except multifamily residences as defined in subsection 106-73(b). The service will be provided on a periodic basis as is deemed necessary to provide clean and sanitary conditions within the city.

(b)Reserved.

(c)Reserved.

(d)In placing yard debris out for disposal, brush and tree limbs shall not be located as to impede or obstruct or divert either pedestrian or vehicular traffic or the flow of surface water or block drains.

(e) Debris from tree cutting or trimming that is performed by a contractor or person other than the property owner or occupant will not be collected by the city. It shall unlawful for the contractor or other person performing the cutting or trimming to fail to remove and dispose of the cut material in an appropriate manner. It shall be unlawful for the property owner or tenant to fail to ensure that all debris is removed by the contractor or other person performing the cutting or trimming and disposed of in an appropriate manner.

(f) Tree limbs and trunks shall be limited to that which is no more than ten inches in diameter and no more than six (6) feet in length. No items shall be placed on the curbside any earlier than three days before the date scheduled by the public works department for pickup. 

(g) It shall be unlawful for an owner or occupant to place large household goods, such as couches, refrigerators, furniture, appliances, etc., on the curbside.

(h) Leaves and grass clippings may be placed in trash bags. In lieu of trash bags, leaves and grass may be placed in an additional 90-gallon container obtained from the public works department. The owner or occupant will be billed at the same rate as regular garbage collection and said additional container would be placed on the street for collection at the same time as the 90-gallon container issued for garbage collection.

Section 3.

Sec. 106-89. Move-outs and evictions.

(a) For rental properties, garbage, trash, or other solid waste originating from the property during the clean up between tenants shall be the responsibility of the landlord and/or the property owner. Collections of any quantity of bulk refuse from a rental property shall have a charge of $1,000.00, plus landfill tipping fees and associated costs, levied against the property for the collection and must be paid before the property is again rented for occupancy. The charge shall not be assessed when the property owner or his/her agent removes within three (3) days all said trash and debris from the property. Following an eviction, any property, trash, belongings, or other items shall be placed adjacent to some portion of the property, immediately behind the sidewalk or if there is no sidewalk, a minimum of three feet behind the curb or off the pavement and shall not be located as to impede or obstruct or divert either pedestrian or vehicular traffic or the flow of surface water or block drains.

(b) The city is not responsible for and will not return any items collected curbside once the item has been removed. It is the property’s owner or tenant’s responsibility to ensure that items not intended for collection are not place at and/or are timely removed from the curbside.

Section 4. The section, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable.  If any section, subsection, paragraph, sentence, clause and phrase of this ordinance is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this ordinance.  The city council declares that it is its intent that it would have enacted this ordinance without such invalid or unconstitutional provisions. 

Section 5. The provisions of this ordinance repeal any prior ordinance or provision of the Gadsden City Code to the extent of any conflict.

Section 6.  This ordinance shall become effective on December 1, 2023. Adopted this ordinance at an open public meeting held on October 24, 2023.

Iva Nelson, City Clerk

November 3, 2023                                                                                       

____________

LEGAL NOTICE

Form of Advertisement of Completion

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Greer Building Contractors, LLC has completed the Contract for Construction of Renovations to the Venue Building for the Industrial Development Authority Offices for the City of Gadsden, Alabama Gadsden Bid Request No. 3473 at 201 George Wallace Drive, Gadsden, AL. 35903 for the City of Gadsden, Alabama, 90 Broad Street, Gadsden, Alabama, 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:  Thomas M. McElrath, Architect, 717 Merit Springs Road, Gadsden, Alabama, 35901

Greer Building Contractors, LLC

110 Thomas Dr.

Gadsden, AL. 35904

October 27, November 3, 10, and 17, 2023

___________

NOTICE TO CONTRACTORS

Sealed construction proposals will be received by the City Clerk, City of Gadsden, Alabama, at the City Hall, 90 Broad Street, Room 411, Gadsden, Alabama until 2:00 P.M., Tuesday, December 5, 2023, for furnishing all labor, materials, equipment, and services required to complete the PROJECT: Noccalula Falls Campground, Bid Request No. 3531, located in the City of Gadsden, Alabama. 

A Pre-Bid Meeting is scheduled for 2:00 P.M., Tuesday, November 28, 2023 at the aforementioned address. Attendance is non-mandatory; however, bidders are strongly encouraged to attend.

Bids submitted prior to the bid opening by mail shall be directed to “City Clerk, P.O. Box 267, Gadsden, Alabama 35902-0267” or in person delivered to the office of the City Clerk, Room 401, City Hall, 90 Broad Street, Gadsden, Alabama.

Bids will be publicly opened and read at the above time and place. The Issuing Office for the Bidding Documents is Goodwyn Mills Cawood, 2400 5th Avenue South, Suite 200, Birmingham, AL 35233, Attn: Lauren Gallo (lauren.gallo@gmcnetwork.com). Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:00 a.m. – 5:00 p.m., and may obtain copies of the Bidding Documents from the Issuing Office as described below.

Copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon payment of a deposit of $20.00 for a one-time administrative fee for digital access/file sharing and/or $200.00 for each set.  Said cost represents the cost of printing, reproduction, handling, and distribution, therefore no refund will be granted.  Checks for Bidding Documents shall be payable to “GMC.”  Partial sets of Bidding Documents will not be available from the Issuing Office.  Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

The bidder shall file with his bid either a cashier’s check drawn on an Alabama bank, payable to the City of Gadsden, Alabama, or a bid bond executed by a surety company duly authorized and qualified to make such bonds in Alabama, in an amount equal to the lesser of five percent (5%) of the bid or ten thousand ($10,000).

The apparent low bidder will be required to submit their list of subcontractors within two days of the bid opening date to confirm compliance with the experience and qualification requirements listed in the technical specifications of each applicable trade before being considered for award.

The Owner reserves the right to waive any informalities or to reject any and all bids.

The successful bidder will be required to furnish and pay for the satisfactory Performance and Payment Bond or Bond in the amount required by Section 39-1-1(a), Code of Alabama 1975, and evidence of insurance as required by the bid documents within ten (10) days after being notified that he has been awarded the contract.

No bidder may withdraw his bid within sixty (60) days after the actual date of the opening thereof.  The bidder must comply with all requirements of the public works bid law Section 39-2-1 et seq., Code of Alabama 1975.

Any bidder, whether a resident or non-resident of the State of Alabama, must comply with all applicable provisions of Section 34-8-1, et. seq., Code of Alabama, 1975, including requirements for licensing as a general contractor and the necessity to show evidence of license before the bid will be considered by the awarding authority. Bidder must have a BCU4 license with either a major HS or MU classification, or a portion of the project applicable specialties under either or both HS or MU classifications at a minimum to be considered for award.  A current license number must be included on the bid in accordance with section 102.1 of the bid documents.

Bidders must comply with the President’s Nos. 11246 and 11375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must also comply with Title IV of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of1968, and Section III of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu.

By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.

Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on a basis of race creed, color, sex, or national origin.  Bidders must also certify they will make facilities handicap accessible to the extent required by law.

THE CITY OF GADSDEN, ALABAMA

CRAIG FORD, Mayor

Iva Nelson, City Clerk

November 3, 2023

__________

INVITATION TO BID

Project:           Headworks – Gadsden West WWTP

EDA Project No. 04-79-07612

Owner: The Water Works and Sewer Board of the City of Gadsden 

Engineer: CDG, Inc.

Sealed bids will be received, opened, and publicly read by the Owner for the referenced Project.  The Owner will receive Bids until 10:00 AM on the 7th  day of December 2023.  The bid opening will be held at the offices of The Water Works and Sewer Board of the City of Gadsden, located at 515 N. Albert Rains Boulevard, Gadsden, Alabama.

A mandatory Pre-bid Meeting will be held at 10:00 AM on the 28th day of November 2023.  Pre-bid Meeting will be held at the offices of The Water Works and Sewer Board of the City of Gadsden located at 515 N. Albert Rains Boulevard, Gadsden, Alabama.

The Project is generally described as follows: Installation of a new filter screen and washing compactor, installation of associated electrical controls, booster pumps, and all related items for a complete job. Project also includes structural modifications and additions to the existing West River Waste Water Treatment Plant.

This project (EDA Investment No. 04‐79-07612) will be partially funded with Federal funds from the United States Department of Commerce, Economic Development Administration and therefore is subject to the Federal laws and regulations associated with that program.

The Owner requires the Project to be completed in ninety (90) calendar days from date of Notice to Proceed.

Bidding Documents may be obtained from the office of CDG, Inc., 224 Broad Street, Suite 201, Gadsden Alabama 35901, (256) 543-9431.  Paper copies are available upon receipt of a non-refundable fee in the amount of $125.00 for one set. PDF electronic copies are available via email at no cost to the bidder. 

Bidders will be required to provide Bid security in the form of a Bid Bond or cashier’s check in the amount of a sum no less than five (5) percent of the Bid Price but not more than $10,000.00.

All bids must be submitted in a sealed envelope bearing on the outside the name of the bidder, bidder’s license number, address, and name of the project.

Your Bid will be required to be submitted under a condition of irrevocability for a period of 60 days after submission.

The attention of bidders is called to the provisions of State Law Governing General Contractors, as set forth in Title 34, Chapter 8, Article 1, Code of Alabama of 1975, as amended; and the provisions of said law shall govern bidders insofar as it is applicable.  The above-mentioned provisions of the Code make it illegal for the Owner to consider a bid from anyone who is not properly licensed under such code provisions.  In addition, bidders must carry the municipal and utility construction classification as listed in the latest edition of the Roster of the State Licensing Board for General Contractors, Montgomery, Alabama.  The Owner, therefore will not consider any bid unless the bidder produces evidence that he is so licensed.  Neither will the Owner enter into a Contract with a foreign corporation which is not qualified under State Law to do business in the State of Alabama.

The attention of nonresident bidders is called to the provisions of Alabama Law, Title 39, Chapter 3, Code of Alabama 1975, as amended, relating to preference to be given to resident contractors in Alabama over nonresident contractors in the award of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident contactor, and to the requirements that the bid documents tendered by any nonresident contractor must be accompanied by “a written opinion of an attorney-at-law licensed to practice law in such nonresident contractor’s state of domicile as to the preference, in any or none, granted by the law of that state to its own business entities whose principal places of business are in that state in the letting of any or all public contracts”.

Each Bidder, and each Subcontractor, is required to complete and submit Document 00450 – Affidavit of Immigration Compliance along with their E-Verify Program Memorandum of Understanding at the time of the Bid.  No Contract will be awarded to any Bidder who does not submit the required Immigration Compliance documents.

Contractor will be required to provide two (2) Owner’s Protective Liability Policies.  Named Insured shall be as follows:

The Water Works and Sewer Board of the City of Gadsden

CDG, Inc.

See Section 00700 – General Conditions for full details.

The Owner reserves the right to accept or reject any or all Bids.

The Water Works and Sewer Board of the City of Gadsden

per: Chad Hare, General Manager

November 3, 10, and 17, 2023

____________

NOTICE OF SALE

The following storage units will be auctioned on November 8, 2023 beginning at 10:00 AM on the business premises of Southtowne Mini Warehouses.  Southtowne is located at 199 Wood-land Drive, off of Steele Station Road in Rainbow City, Alabama.

Marcia Hardney #24C & 170

Roderick Riley # 62 & 374

Cathy/Kent Lawson # 179 & 333

Terrell Willbanks #152

Shane Smith # 419

Cody Odell # 430

Tre-Shel Roker # 475

George Alexander/Bothwell # 496

Jerry White #502

Anthony Lackey #559

Trea Mink #562

Vonetta Byers # 598

Michael Maxwell #606

Lauren Kaufmann #623

Ligaya Ferguson# 34-1A

Myra Anderson #12-15

Tera Kirksey/Coleman #33-31

Jim Selden #52-24

Brianna Macon #653

Christy Olive  #745 & 746

William Roberts #781

Molly Olvey #789

Dewayne Harden #N1

Southtowne Mini Warehouses

199 Woodland Drive

Rainbow City, AL. 35906

October 27 and November 3, 2023

___________

LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on November 9, 2023 beginning at 9:00 a.m. on the premises of Stock it and Lock it mini storage located at 3403 Rainbow Parkway, Rainbow City, AL. 35906.

Latonya Rutledge 450M

Hayley Ponder – 228-I

Travontez Jackson -416-I

Desiree Howard  – 404-I

Billy and Lisa Dillard 232I, 235I, and 426I

Mia Cooper   – 217-H

Janice Betis – 183-G

Teko Houndjadan – 410-I

Joyce Lancaster  – 110-D

Stock it & Lock It Mini Storage

3403 Rainbow Parkway

Rainbow City, AL. 35906

October 27, and November 3, 2023

__________

LEGAL NOTICE

The following storage units will be disposed/auctioned off on November 13, 2023 beginning at 10:00 A.M. on the premises of Dixie Mini Storage Auction, located at 429 4th Street S.W. Attalla, AL. 35954

Nickole Jarrett #9

Glenda Dabbs #15

Rebecca Hill #71

Abigail Cooke #94

Matt Brown #113

Nicole Hale #133

Kaylie Smith #138

Tina Garrard #148

Alphonso Bradford #155

Abigail Cooke #275

Brenton Bush #377

Jeana Hartshorn #420

Alex Tinsley #443

Tina Garrard #449

Christopher Street #469

Tina Garrard #475

Nick Clanton #506

Dixie Mini Storage

429 4th Street S.W.

Attalla AL 35954

256-538-2203

November 3 and 10, 2023

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/22/2023.

2009 Chevrolet Impala  VIN: 2G1WT 7K491314640

1999 Toyota Camry  VIN: JT2GB22K0X0299524

2015 Nissan Altima  VIN: 1N4AL3AP7FN358027

Thacker Towing & Recovery

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

October 27, and November 3, 2023

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/11/2023 at 8am.

2016 Cadillac ATS Black. VIN:1G6AA5RX3G0105241

Tommy Tows

3403 Forrest Ave

Gadsden, AL 35904

(256) 490-3715

November 3 and 10, 2023

____________

NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES

Please take NOTICE that the Kelton Wrecker LLC will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicles:

2014 TOYOTA CAMRY  VIN:4T1BF1FK6EU863709

The public auction will be held at Kelton Wrecker LLC located at 1625 Forrest Ave Gadsden AL 35901 at 8:00 AM on 12/09/2023. The seller shall have a right to reject any bid that is unreasonably low and may postpone the public auction until another time and place. In addition, the seller expressly reserves the right to bid and purchase at the public auction.

November 3, and 10, 2023

____________

NOTICE OF PUBLIC AUCTION OFABANDONEDVEHICLES

Please take NOTICE that the TYERICE BAISE will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicles:

2003 Toyota Camry. VIN:4T1BE32K23U681023

The public auction will be held at 506 Elmwood Ave Gadsden AL 35903 at 1:30 PM on 11/30/2023. The seller shall have a right to reject any bid that is unreasonably low and may postpone the public auction until another time and place. In addition, the seller expressly reserves the right to bid and purchase at the public auction.

A&J Auto Sales

506 Elmwood Ave Gadsden AL 35903

November 3 and 10, 2023

_____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/29/2023.

2014 Volkswagen Jetta  VIN: 3VWD17AJ5EM368755

1996 Pontiac Bonneville  VIN:1G2HX52K5T4230001

2002 Pontiac Montana  VIN: 1GMDX03E02D101860

Thacker Towing

927 5th Ave NE

Attalla, AL 35954

(256) 546-9994

November 3 and 10, 2023

Latest News

Blind Glencoe grad receives Lighthouse Guild scholarship
RaceTrac near I-59 in Gadsden installing four EV chargers
ADRS breaks ground on new location in Gadsden
Community mourns death of beloved Harry ‘Shug’ Butler
Southside bridge replacement project underway

Latest Sports News

Southside’s Thompson highlights All-Gadsden Metro boys soccer team
Westbrook's Machen, Southside's Jackson lead off All-Gadsden Metro girls soccer 
Gaston's Bogle, Southside's Webb highlight All-Messenger track and field teams
Power trio highlights All-Messenger softball
Robby Davis has clear vision for Gadsden City baseball program