Legals for 11/04/2022 – 11/10/2022

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NOTICE OF FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated April 30, 2021, executed by Kevin R. Castleberry, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Quicken Loans, LLC, which mortgage was recorded on May 5, 2021, in Instrument Number 3520338, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, 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 December 13, 2022, the following described real estate, situated in Etowah County, Alabama, to-wit:

Land situated in the County of Etowah in the State of AL

The following described Real Estate situated in Etowah County, Alabama, to-wit:

Lot Number Four (4), Block Three (3), Leigh Alan Subdivision, according to the Map or Plat thereof, recorded in Plat Book “H”, Page 108, Probate Office, Etowah County, lying and being in Southside, Etowah County, Alabama.

By Deed from Robert E. McCary and Theresa L. McCary to Kevin R. Castleberry and R. Berniece Castleberry dated July 27, 2007 and recorded July 31, 2007 in Instrument Number 3276086

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 im-plied 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 a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Stephens Millirons, P.C. at the time and place of sale. The balance of the purchase price must be paid in certified funds by noon on the second business day following the sale at the law firm of Stephens Millirons, P.C. at 120 Seven Cedars Drive, Huntsville, Alabama 35802. Stephens Millirons, P.C. 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

Robert J. Wermuth/jmm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Attorney for Mortgagee

October 28, November 4, and 11, 2022

_______________

MORTGAGE FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by that  certain real estate mortgage executed by Robert A. Jennings, Deborah L. Walker  and Cathy J. Poppell, dated March 31, 2016 and recorded in Instrument No.: 3432468 in the Office of the Judge of Probate, Etowah County, Alabama, and the  Mortgagee, by reason of such default having declared all the indebtedness  secured by said mortgage due and payable and said mortgage subject to  foreclosure, and said default continuing, notice is hereby given that, acting under  the power of sale contained in said mortgage, the Mortgagee will sell at public  outcry, for cash, to the highest and best bidder in front of the Courthouse door of  the Etowah County Courthouse, during the legal hours of sale on the 18th day of  November, 2022, the following described real estate situated in Etowah County,  Alabama:

Lot Number Twenty-two (22) in Block Thirty-three (33) in Garden  City Residential Subdivision #1 according to map thereof in Plat  Book “C”, pages 408 and 409, Probate Office, and lying in the City  of Gadsden, Etowah County, Alabama, together will all 

improvements located thereon.   

Said sale will be made for the purpose of paying the indebtedness secured by  said mortgage, as well as the expenses of foreclosure. The property will be sold  on an “as is, where is” basis, subject to any easements, encumbrances, and  exceptions reflected in the records of the Probate Court. The property will be  sold without warrant, or recourse, express or implied as to title, use and/or  enjoyment, and will be sold subject to the right of redemption of all parties  entitled thereto. The Mortgagee reserves the right to bid for and purchase the  property and to credit its purchase price against the expenses of sale and the  indebtedness secured by the property. 

Alabama law gives some persons who have an interest in the 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.

David C. Livingston

By: David C. Livingston

Attorney for Mortgagee

P.O. Box 1621

Gadsden, AL 35902

(256) 546-9300

October 28, November 4, and 11, 2022

______________

NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Melissa H. Yates, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 20th day of January, 2011, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3344445; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated April 28, 2021 and recorded in said Probate Office in Instrument Number 3520002; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Corrective Assignment of Mortgage dated April 28, 2021 and recorded in said Probate Office in Instrument Number 3548474; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Corrective Assignment of Mortgage dated October 24, 2022 and recorded in said Probate Office in Instrument Number 3548490; said mortgage being modified by virtue of that certain FHA Covid-19 Advance Loan Modification Agreement dated October 29, 2021 and recorded in said Probate Office in Instrument Number 3530423. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on December 15, 2022, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Begin at the southeast corner of Lot 24 in Goodyear Heights Addition #2; thence North and along the East line of said lot 150 feet; thence West, parallel to the South line of said lot, 123 feet; thence South, parallel to the East line of said lot, 150 feet to a point in the South line thereof; thence East, along the South line of said lot, 123 feet to the point of beginning; and embracing a portion of Lot Twenty-Four (24) in Goodyear Heights Addition #2, according to the map or plat thereof recorded in Plat Book “D”, Page 189, Probate Office, Etowah County, Alabama.

There is also conveyed hereby an easement for ingress and egress, more particularly described as follows:

To reach a point of beginning for the centerline of a 15 ft. Access Drive, commence at the Northwest corner of Lot #25; thence run North 88°18’ East, along the North line thereof, 23.00 feet to a point, which is the point of beginning of the centerline of a 15 ft. access drive described herein; thence from said point of beginning, run along said centerline, with the following bearings and distances: South 00°20’ West, 48.27 feet; South 10°35’ West, 75.68 feet; South 13°07’ West, 117.04 feet; South 57°53’ East, 174.49 feet; South 47°01’ East, 28.86 feet to a point in the North line of the parcel of land described in Deed Record 1338, Page 819, Probate Office, Etowah County, Alabama, and being the point of termination of said centerline of 15 ft. access drive, embracing portions of Lots #24 and 25, of Goodyear Heights Addition #2, as recorded in Plat Book “D”, Page 189, Probate Office, Etowah County, Alabama

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. 

This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.   

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-3188

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY ASSIGNEE

October 28, November 4, 11, 2022

_______________

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by the mortgage given by Riverhill, Ltd, as Mortgagor, to Franklin National Bank, as Mortgagee, dated December 6, 2001, and recorded as Document M-2001-5437, and thereafter transferred to Robert R. Short by assignment dated August 12, 2021, and recorded as Instrument 3548689, all recorded in the Office of the Judge of Probate of Etowah County, Alabama; and the Mortgagee, 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 Mortgagee will sell, at public outcry to the highest bidder for cash, in front of the courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 17th day of November, 2022, the following described property to-wit:

All that part of the Southeast 1/4 of said Section 34, Township 11 South, Range 6 East of

Huntsville Meridian, Etowah County, Alabama.

Particularly described as beginning at an iron stake on the North boundary of the

Southwest 1/4 of the Southeast 1/4 of said Section 34; said point of true beginning is

further described as being North 89 deg. 41 min. East 522.00 feet from the Northwest

corner of the Southwest 1/4 of the Southeast 1/4 of Section 34, Township 11 South,

Range 6 East, thence from the point of true beginning along the North boundary of the

Southwest 1/4 of the Southeast 1/4 of said Section 34, North 89 deg. 41 min. East, 647.82

feet to an iron stake on the Northwesterly margin of the Right of way of Ewing Avenue;

thence along the Northwesterly margin of said right of way, South 44 deg. 35 min. 53

sec. West, 250.19 feet to an iron stake at the P.C. of a curve to the right; thence

continuing along the Northwesterly margin of said right of way and around said curve to

the right, having a radius of 1052.60 feet, with a chord bearing and distance of South 55

deg. 00 min. 24 sec. West, 380.39 feet to an iron stake at the P.T. of said curve; thence

continuing along the Northwesterly margin of said right of way, South 65 deg. 25 min.

West, 413.89 feet to the P.C. of a curve to the left; thence continuing along the

Northwesterly margin of said right of way and around said curve to the left, having a

radius of 1678.93 feet, with a chord bearing and distance of South 59 deg. 26 min. 59 sec.

West, 174.76 feet to an iron stake on the easterly margin of a 15.00 foot right of way for

Crest Alley; thence along the Easterly margin of Crest Alley, North 31 deg 41 min. East,

43.56 feet to an iron stake; thence North 00 deg. 15 min. 24 sec. West, 126.00 feet to the

point of true beginning; being situated in Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said

mortgage and the proceeds thereof will be applied as provided by the terms of said mortgage.

This the 26th day of October, 2022.

Robert R. Short, Mortgagee

/s/ James C. Inzer, III

Inzer, Haney, McWhorter, Haney & Skelton, LLC

Attorney for Mortgagee

October 28, November 4 and 11, 2022

______________

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 Harold Rodger Williams And Donna Williams Husband And Wife to American General Financial Services of Alabama, Inc. dated February 21, 2008; said mortgage being recorded on February 22, 2008, as Instrument No. 3289030 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 RCF 2 Acquisition Trust in Instrument 3546612 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust, under and by virtue of the power of sale con-tained 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 7th day of December, 2022 the following property, situated in Etowah County, Alabama, to-wit:

LOTS TWO (2) AND THREE (3) IN BLOCK 10 IN THE SMITH’S FIRST ADDITION TO ALABAMA CITY, AS SHOWN BY MAP RECORDED IN BOOK OF TOWN PLATS “B”, PAGES 158 AND 159, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, FORMERLY ALABAMA CITY, ETOWAH COUNTY, ALABAMA, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON.

Said property is commonly known as 3105 W Meighan Blvd, Gadsden, AL 35904.

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 RCF 2 ACQUISITION TRUST

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 22-02684AL

www.foreclosurehotline.net

November 4, 11, and 18, 2022

______________

NOTICE OF FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 15, 2020, executed by Michael Sean Clayton and Melissa Clayton, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for Quicken Loans, Inc., which mortgage was recorded on January 30, 2020, in Instrument Number 3497067; having been modified by that Loan Modification recorded on April 13, 2022 in Instrument Number 3538686, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, 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 January 17, 2023, the following described real estate, situated in Etowah County, Alabama, to-wit:

Land situated in the County of Etowah in the State of AL

TRACT I: Commence at a Rock with an “X” marking the Southwest Corner of the Southeast 1/4 of the Northeast 1/4, Section 29, Township 10 South, Range 7 East; Thence South 87 degrees 09 minutes 05 seconds West 200.00 feet to a capped 1/2 inch rebar (LS#21183); Thence North 00 degrees 34 minutes 41 seconds West 199.53 feet to a capped ½ inch rebar (LS#21183), also being the point of beginning; thence South 87 degrees 09 minutes 05 seconds West 1115.34 feet to a capped 1/2 inch rebar (LS#21183) on the East right of way of Pharr Road (60 minutes right of way); thence North 03 degrees 43 minutes 25 seconds West 200.00 feet along said right of way to a capped 1/2 inch rebar (LS#21183); thence leaving said right of way North 87 degrees 09 minutes 05 seconds East 1126.32 feet to a capped 1/2 inch rebar (LS#21183); Thence South 00 degrees 34 minutes 41 seconds East 200.14 feet to the point of beginning.

Tract II: Commence at a Rock with an “X” marking the Southwest Corner of the Southeast 1/4 of the Northeast 1/4, Section 29, Township 10 South, Range 7 East; Thence South 87 degrees 09 minutes 05 seconds West 200.00 feet to a capped 1/2 inch rebar (LS#21183); Thence North 00 degrees 34 minutes 41 seconds West 399.67 feet to a capped 1/2 inch rebar (LS#21183), Also being the point of beginning; Thence South 87 degrees 09 minutes 05 seconds West 1126.32 feet to a capped 1/2 inch rebar (LS#21183) on the East right of way of Pharr Road (60 minutes right of way); Thence North 03 degrees 43 minutes 25 second West 200.00 feet along said right of way to a capped 1/2 inch rebar (LS#21183); Thence leaving said right of way North 87 degrees 09 minutes 05 seconds East 1137.31 feet to a capped 1/2 rebar (LS#21183); Thence South 00 degrees 34 minutes 41 seconds East 200.13 feet to the Point of Beginning.

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 im-plied as to condition, title, use and/or enjoyment and will be sold subject to the right of re-demption 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 a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Stephens Millirons, P.C. at the time and place of sale. The balance of the purchase price must be paid in certified funds by noon on the second business day following the sale at the law firm of Stephens Millirons, P.C. at 120 Seven Cedars Drive, Huntsville, Alabama 35802. Stephens Millirons, P.C. 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 f/k/a Quicken Loans Inc.

Transferee

Robert J. Wermuth/jmm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Attorney for Mortgagee

November 4, 11 and 18, 2022

______________

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 Derek Thomas Duke A Single Man to Compass Bank dated January 4, 2017; said mortgage being recorded on January 10, 2017, as Instrument No. 3445103 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 Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 7th day of December, 2022 the following property, situated in Etowah County, Alabama, to-wit:

Lot Number Seven (7) in Quail Point, according to the map or plat thereof recorded in Plat Book “J”, Page 28, Probate Office, Etowah County, Alabama, and lying and being in Southside, Etowah County, Alabama.

Said property is commonly known as 4228 Quail Cir, Gadsden, AL 35907.

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 as-sessments, 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

(800) 275-7171

FT21@mccalla.com

File No. 22-03757AL

www.foreclosurehotline.net

November 4, 11 and 18, 2022

_______________

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 Watson A Married Man And Wife Deborah  Watson to Compass Bank dated October 30, 2013; said mortgage being recorded on November 4, 2013, as Instrument No. 3394218 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 Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 7th day of December, 2022 the following property, situated in Etowah County, Alabama, to-wit:

Lot Numbers Thirteen (13) and Fourteen (14), in Block Number One (1), in Mayflower Addition to Gadsden, according to the map thereof recorded in Plat Book “D”, Page 37, in Gadsden, Etowah County, Alabama.

Said property is commonly known as 303 Augusta Street, Gadsden, 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 under-signed.  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 foreclo-sure 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

(800) 275-7171

FT21@mccalla.com

File No. 22-03788AL

www.foreclosurehotline.net

November 4, 11 and 18, 2022

_______________

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 Don F Bradford And Phyllis M Bradford Husband And Wife to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for RBC Mortgage Company, its successors and assigns dated November 4, 2003; said mortgage being recorded on November 10, 2003, as Instrument No. M-2003-5820 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to PNC Bank, National Association in Instrument 3394011 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, PNC Bank, National Association, 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 2nd day of December, 2022 the following property, situated in Etowah County, Alabama, to-wit:

A parcel of land described as beginning at a point which is the Northernmost corner of Lot Number 30; thence from said point of beginning, run South 35 degrees 44 minutes West along the Northwest line thereof and the Northwest line of Lot Number 29 a distance of 181.10 feet to a point; thence run South 54 degrees 16 minutes East a distance of 256.0 feet to a point; thence run North 35 degrees 44 minutes East a distance of 13.50 feet to a point; thence run South 54 degrees 16 minutes East a distance of 94.0 feet to a point in the Southeast line of said Lot Number 29; thence run North 35 degrees 44 minutes East along said Southeast line and the Southeast line of aforesaid Lot Number 30 a distance of 167.60 feet to the Easternmost corner thereof; thence run North 54 degrees 16 minutes West along the Northeast line of said Lot Number 30 a distance of 350.0 feet to the point of beginning. Said parcel of land embracing all of Lot Number 30 and portions of Lot Number 29, in Block Number 1 of Mountain Brow Estates, as recorded in Plat Book ’F’, page 205, Probate Office, Etowah County, Alabama, and lying in Gadsden, Etowah County, Alabama.

Said property is commonly known as 1507 Bellevue Drive, Gadsden, AL 35904.

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

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 22-03755AL

www.foreclosurehotline.net

November 4, 11, and 18, 2022

_______________

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 mort-gage executed by Alton C Bickerstaff An Unmarried Man  to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for PHH Mortgage Corporation d/b/a Era Mortgage, its successors and assigns dated March 30, 2007; said mortgage being recorded on April 2, 2007, as Instrument No. 3268063 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Lakeview Loan Servicing, LLC., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (be-tween 11am and 4pm), on the 21st day of December, 2022 the following property, situated in Etowah County, Alabama, to-wit:

What is commonly called the W1/2 of Lots Numbered 1 and 2 in Block “J” of the Elliott Addition No. 2 to the City of Gadsden, according to the map or plat thereof recorded in Book of Town Plats “B”, Page 3 in the office of the Judge of Probate of Etowah County, Alabama, said property fronting 58 feet 3 inches on the South side of Pine Street and being 60 feet 3 inches wide at the rear, and lying and being in the City of Gadsden, Etowah County, Alabama.

Said property is commonly known as 1032 Pine 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 as-sessments, 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.

LAKEVIEW LOAN SERVICING, LLC.

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 22-03948AL

www.foreclosurehotline.net

November 4, 11 and 18, 2022

______________

FILE CLAIMS

Jonathan K. Smith was/were appointed Personal Representative(s) on 09/29/2022 to the Estate of Kenneth O. Smith, 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 21, 28 and November 4, 2022

______________

FILE CLAIMS

Angie Denice Higgins was/were appointed Personal Representative(s) on 09/28/2022 to the Estate of Ronald C. Higgins, 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 21, 28 and November 4, 2022

______________

FILE CLAIMS

Jennie Lynn Garnett was/were appointed Personal Representative(s) on 10/07/2022 to the Estate of Bradford Ray Garnett, 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 21, 28 and November 4, 2022

______________

FILE CLAIMS

Jeremy Naylor was/were appointed Personal Representative(s) on 10/03/2022 over  the Estate of Stephanie Eugina Naylor, 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 21, 28 and November 4, 2022

______________

FILE CLAIMS

Debbie McBay was/were appointed Personal Representative(s) on 09/28/2022 over  the Estate of James Marshall Price, Jr., 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 21, 28 and November 4, 2022

______________

FILE CLAIMS

Aaron Sarmiento was/were appointed Personal Representative(s) on 09/27/2022 over the Estate of Drigelio Sarmiento., 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 21, 28 and November 4, 2022

______________

FILE CLAIMS

William Mann Hungerford, Jr. was/were appointed Personal Representative(s) on 09/27/2022 to the Estate of Beverly F. Hungerford., 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 21, 28 and November 4, 2022

_____________

FILE CLAIMS

Leronza Harris was/were appointed Personal Representative(s) on 09/22/2022 over the Estate of Calvin Harris., 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 21, 28 and November 4, 2022

_______________

FILE CLAIMS

Andrew Davis Bailey, Esq. was/were appointed Personal Representative(s) on 10/11/2022 to the Estate of Elzy Lee Shiver, deceased, Probate Court of Etowah County, Alabama noti-fies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 28, November 4 and 11, 2022

_______________

FILE CLAIMS

Delores Gaspar and Pedro Domingo was/were appointed Personal Representative(s) on 09/29/2022 over the Estate of Mateo Miguel Mateo, 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 28, November 4 and 11, 2022

_______________

FILE CLAIMS

Billy W. Morgan was/were appointed Personal Representative(s) on 10/07/2022 to the Es-tate of Billy Morgan, Jr., 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 28, November 4 and 11, 2022

_______________

FILE CLAIMS

Stanley Trimm was/were appointed Personal Representative(s) on 10/10/2022 over the Estate of Alfred Foster Trimm, 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 28, November 4 and 11, 2022

_______________

FILE CLAIMS

Ruby Thomas Stamps was/were appointed Personal Representative(s) on 10/12/2022 to the Estate of Calvin Stamps, 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 28, November 4 and 11, 2022

______________

FILE CLAIMS

Scott Waldrup was/were appointed Personal Representative(s) on 10/13/2022 over the Estate of William Allen Waldrup, deceased, Probate Court of Etowah County, Alabama noti-fies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 28, November 4 and 11, 2022

______________

FILE CLAIMS

Timothy Paul Pate was/were appointed Personal Representative(s) on 10/13/2022 over the Estate of April Cheree Pate, 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 28, November 4 and 11, 2022

______________

FILE CLAIMS

Neal Maddox was/were appointed Personal Representative(s) on 10/11/2022 to the Estate of John Ed Alexander, 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 28, November 4 and 11, 2022

______________

FILE CLAIMS

Raymond Marcus Sims, II was/were appointed Personal Representative(s) on 09/29/2022 to the Estate of Raymond Marcus Sims, deceased, Probate Court of Etowah County, Ala-bama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

October 28, November 4 and 11, 2022

_____________

FILE CLAIMS

Annette Ammons was/were appointed Personal Representative(s) on 09/09/2022 to the Estate of Jimmy Lee Braswell, 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 28, November 4 and 11, 2022

_____________

FILE CLAIMS

Ginger Hunter was/were appointed Personal Representative(s) on 08/16/2022 to the Estate of Shirley Illowene Adkison, 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 28, November 4 and 11, 2022

______________

FILE CLAIMS

Cecil McNair Holley was/were appointed Personal Representative(s) on 09/26/2022 to the Estate of Hilmon Dewitt Holley, Jr. 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 4, 11 and 18, 2022

_____________

FILE CLAIMS

Mary Burton Diffee was/were appointed Personal Representative(s) on 10/14/2022 to the Estate of Winnie M. Beasley, 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 4, 11, and 18, 2022

______________

FILE CLAIMS

Scott Pollard was/were appointed Personal Representative(s) on 10/17/2022 to the Estate of Stanley Keith Pollard deceased, Probate Court of Etowah County, Alabama notifies all per-sons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

November 4, 11, and 18, 2022

______________

FILE CLAIMS

Jacob Millican was/were appointed Personal Representative(s) on 10/17/2022 over the Estate of Edmond Bart Pate 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 4, 11, and 18, 2022

_____________

FILE CLAIMS

Barry James Goss was/were appointed Personal Representative(s) on 10/14/2022 to the Estate of Bernadine Alice Timmerman Goss 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 4, 11, and 18, 2022

______________

FILE CLAIMS

Christopher Alan Bailey was/were appointed Personal Representative(s) on 10/14/2022 to the Estate of Harold Thomas Bailey 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 4, 11, and 18, 2022

_____________

NOTICE OF

HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: MARION CALDWELL, DECEASED,

Case # S-12120

TO: LAURA BROOKS AND ANY UNKNOWN HERIS Whose whereabouts are unknown

Please take notice that a Petition to Probate Will was filed in the Office of the Judge of Probate, and further, that the 5th day of December 2022 at 11:30 a.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 17th DAY OF October 2022.

Scott W. Hasswell

JUDGE OF PROBATE

October 21, 28 and November 4, 2022

_____________

LEGAL NOTICE

IN THE PROBATE COURT FOR ETOWAH COUNTY, ALABAMA

IN RE: THE ESTATE OF

THOMAS GLENN DEWITT, Deceased

CASE NO. S-12223

TO: Ms. Courtney Michelle Goode

Whose whereabouts are unknown

You will take notice that a certain paper in writing, purporting to be the Last Will and Testament of Thomas Glenn Dewitt, deceased, was filed in my office for Probate by Christy Michelle Goode, and that the 14TH day of December, 2022 at 10:30 a.m. was appointed a day and time for hearing thereof, at which time you my appear and contest the same, if you see

proper.

Witness my hand, and dated this 17th of October, in the year of our LORD, 2022.

Scott W. Hassell

Judge of Probate

October 21, 28 and November 4, 2022

_____________

NOTICE OF SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

JOHN BOBBETT, Plaintiff

Vs.

CASE NO: DR-22-900292

BRITTANY NICOLE TAYLOR, Defendant

TO: Brittany Nicole Taylor

Brittany Nicole Taylor, whose whereabouts is unknown, must answer John Bobbett’s Complaint for Divorce and other relief by November 4, 2022 or thereafter a judgment of default may be rendered against her in Case No. DR-22-900292, Circuit Court of Etowah County.

This the 6th day of October 2022

Cassandra Johnson

Clerk, Circuit Court

Etowah County, Alabama

Attorney for John Bobbett

Randy Phillips

750 Forrest Ave

Gadsden, Ala 35901

256-438-5482

October 14, 21, 28 and November 4, 2022

______________

NOTICE OF HEARING ON PROBATE OF WILL

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF ROBERT LEE DUKE, Deceased

CASE NO.: S-12121

NOTICE TO THE UNKNOWN HEIRS OF ROBERT LEE DUKE, Deceased.

Kimberly Ann Steele having filed her Petition in writing and under oath, praying for an Order of this court admitting to probate an instrument purporting to be the Last Will and Testament of ROBERT LEE DUKE, deceased, notice is hereby given that a hearing on said Petition is set for 11:00 a .m. on the 14he day of December , 2022, in the Probate Court of Etowah County Alabama, 800 Forrest Avenue, Gadsden, AL 35901, at which time you may appear and respond to said Petition or file objection thereto.

DONE and ORDERED this 20th day of October 2022

October 28, November 4, 11 and 18, 2022

______________

NOTICE OF CIVIL ACTION TO VOID TAX SALE,REDEEMPROPERTY AND QUIET TITLE TO REAL PROPERTY

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

H. David Mitchell, Julia Mitchell Wilson Plaintiffs,

V.

Civil Action no. CV-2022-900289.00

George Skala, Ill, A tract of land described as Lot 3 Rhea Canoe Creek #1 as recorded in Plat Book K, page 60, Defendants.

Defendants, George Skala, lll and a tract of land described as Lot 3 Rhea Canoe Creek #1 as recorded in Plat Book K, page 60, are hereby notified that H. David Mitchell and Julia Mitchell Wilson, Plaintiffs, have filed in the Circuit Court of Etowah County, Alabama, a complaint to void tax sale, redeem property and quiet title and other relief. The style of said action being identified as CV-2022-900289.00. The above named person, entities and all other persons or entities, known or unknown, are hereby notified that they must file an answer to said complaint in the identified civil action on or before 12/12/2022, or thereafter, a judgment by default may be rendered against them in said CV-2022-900289.

Done this 13 day of October 2022.

Cassandra Johnson,

CLERK OF COURT

Elizabeth P. Haney Attorney for the plaintiffs

Inzer, Haney, McWhorter, Haney & Skelton, LLC

PO Drawer 287

Gadsden, AL 35902

October 21, 28, November 4 and 11, 2022

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: BETTY PHILLIPS,

CASE NO.: S-12248

DECEASED

You will take notice that a Petition for Disposition of Remains filed by Jacob Millican, Esq. for the disposition of the remains of BETTY PHILLIPS, who passed from this life and stepped into eternity on the 27th day of October, 2022, is set to be heard on the 9th day of November, 2022 at 10:00 a.m., alleging that there are no known next of kin to take custody of the remains of the Decedent.

Please be advised that should you intend to contest this matter or desire to take custody of the remains of the Decedent of the proper disposition, you must file a written response within two (2) days of the last publication herein with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901

DONE THIS THE 2nd DAY OF November, 2022

Scott W. Hassell

JUDGE OF PROBATE

November 4, 2022

_______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: PEGGY WATSON,

CASE NO.: S-12249

DECEASED

You will take notice that a Petition for Disposition of Remains filed by Jacob Millican, Esq. for the disposition of the remains of PEGGY WATSON, who passed from this life and stepped into eternity on the 27th day of October, 2022, is set to be heard on the 9th day of November, 2022 at 10:15 a.m., alleging that there are no known next of kin to take custody of the remains of the Decedent.

Please be advised that should you intend to contest this matter or desire to take custody of the remains of the Decedent of the proper disposition, you must file a written response within two (2) days of the last publication herein with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901 .

DONE THIS THE 2nd DAY OF November 2022

Scott W. Hassell

JUDGE OF PROBATE

November 4, 2022

______________

PUBLICATION NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: DOROTHY JEAN ROLLER,

Case # I:184

An Incapacitated Person

TO: Any Interested Party

You will please take notice that a Motion to Approve Sale of Real Property of DOROTHY JEAN ROLLER was filed in The Office of the Probate Judge of Etowah County by Jason Knowles, Esq., and that the 7th day of DECEMBER, 2022, at 2:30 p.m. was appointed the day and time for hearing hereof, at which time you may appear and contest the same, if you see proper.

Scott Hassell

PROBATE JUDGE

October 28, November 4 and 11, 2022

_______________

NOTICE OF ADOPTION HEARING

IN RE:  THE ADOPTION PETITION OF WILLIAM KENNETH BURNEY AND TONYA BURNEY

CASE NO:  A-1854

TO:  ALL UNKNOWN FATHERS

WHEREABOUTS UNKNOWN

You are hereby notified that a Petition for Adoption of a minor child born to Chyane Martin on September 15, 2011, was filed on August 24, 2022.  Please be advised that if you intend to contest the same you must file a written response within thirty (30) days of the last date of publication with the Attorney for Petitioners whose name and address is listed below and with Clerk of the Probate Court of Etowah County, Alabama P.O. Box 187, Gadsden, AL. 35902.

Done this the 25th day of October 2022.

Scott W. Hassell

Judge of Probate

Stephanie Gillilan, Esq.

834 Chestnut Street

Gadsden, AL. 35901

October 28, November 4, 11 and 18, 2022

_______________

NOTICE OF ADOPTION HEARING

IN RE:  THE ADOPTION PETITION OF KIMBERLY A . TRAMMELL AND LACEY BLACKWELL TRAMMELL

CASE NO:  A-1758

TO:  TO JUSTIN WHITE AND ANY UNKNOWN FATHER

WHEREABOUTS UNKNOWN

You are hereby notified that a Petition for Adoption of a minor child born to Haley Ponder on September 29, 2018, was filed on July 15, 2021.  Please be advised that if you intend to contest the same you must file a written response within thirty (30) days of the last date of publication with the Attorney for Petitioners whose name and address is listed below and with Clerk of the Probate Court of Etowah County, Alabama P.O. Box 187, Gadsden, AL. 35902.

Done this the 26th day of October 2022.

Scott W. Hassell

Judge of Probate

Christopher Word, Esq.

PO Box 8241

Gadsden, AL. 35902

October 28, November 4, 11 and 18, 2022

______________

LEGAL NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

BOTHWELL, LATRICE,

PLAINTIFF,

VS

SMITH DAWSON, DEFENDANT

CASE NO.:  CV-2022-900256.00

IT IS HEREBY ORDERED that the Defendant, DAWSON SMITH, shall answer the Complaint within thirty (30) days from the last date said notice is published in a newspaper of general circulation in Etowah County, Alabama, or thereafter, a judgement by default may be rendered against said Defendant.

It is further ORDERED that this Order and notice be published once a week four (4) successive weeks in Gadsden Messenger a newspaper of general circulation in Etowah County.

DONE this 26th day of October 2022

Sonny J. Steen

Circuit Judge

November 4, 11, 18 and 25, 2022

_____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: TAD COUCH,

Case #: 1-332

ALLEGED INCAPACITATED,

TO: Any Relatives of Tad Couch

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP over the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 19th day of DECEMBER, 2022 at 2:00 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.

DONE THIS THE 1st DAY OF NOVEMBER, 2022.

Scott W. Hassell

Probate Judge

November 4, 11 and 18, 2022

_____________

NOTICE OF MINOR NAME CHANGE HEARING PROBATE COURT OF ETOWAH COUNTY

CASE NO. S-12244

To: THE UNKNOWN FATHER of W.R.M., a minor. Please take note that a petition to change the name of the above named minor child, who was born to Jessica Moore Haines on or about the 11th day of November, 2016, has been filed in said Court. All persons interested may appear at said hearing set for January 4, 2023 at 10:00 a.m., and contest the said Petition if they think proper.

Scott W. Hassell

Judge of Probate

Attorney for Petitioner(s):

Haley K. Tucker, Esquire

413 Board Street

Gadsden, AL 35901

November 4, 11, 18 and 25, 2022

______________

NOTICE OF TERMINATION OF PARENTAL RIGHTS

JAMIME GONAZLEZ, father of a child born on March 6, 2007, whose whereabouts are unknown, must answer the Petition filed by ANAYELY MARTINEZ ROMAN, for the Termination of Parental Rights of said child, within fourteen (14) days from the date of last publication of this notice, or therefore, a Judgement by Default may be rendered against him in Case No. JU-22-264.01, Juvenile Court, Etowah County, Alabama.

Done this the 15th day of August 2022. 

Cassandra Johnson

Clerk of the Court, Etowah County, Alabama

November 4, 11, 18 and 25, 2022

______________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-22-67-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$1,684.00U.S. Currency

DEFENDANT

In Re:  Joshua Lajuan Williams

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.  You are hereby notified that you must answer said Complaint by the 16th day of December 2022.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 17th day of October 2022

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 21, 28, November 4 and 11, 2022

_____________

NOTICE OF CIVIL ACTION TO QUIET TITLE TO REAL PROPERTY

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

Edge Family Properties, LLC Plaintiff,

Civil Action no. CV-2022-900422.00

A tract of land described Lot numbers One (1), TWO (2) and Three (3) in Block Number Five (5) in Kershaw Addition to East Gadsden, according to the map or plat thereof recorded in Plat Book “D”, page 43, in the Office of the Judge of Probate of Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama; Benny G, Glass, the unknown heirs of Benny G. Glass, if any, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in said property, Defendants, are hereby notified that Edge Family Properties, LLC an Alabama Limited Liability Company, Plaintiff, has filed in the Circuit Court of Etowah County, Alabama, a complaint for quiet title and other relief. The style of said action being identified as CV-2022-900422.00. The above named person, entities and all other persons or entities, known or unknown, are hereby notified that they must file an answer to said complaint in the identified civil action on or before 12/27/2022, or thereafter, a judgment by default may be rendered against them in said Civil Action CV-2022-900422.00

Done this 26th day of October, 2022

Cassandra Johnson

CLERK OF COURT

Elizabeth P. Haney

Attorney for the Plaintiff

PO Drawer 287

Gadsden, AL 35902

November 4, 11, 18 and 25, 2022

______________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-22-900324-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$29,535.00 U.S. Currency

DEFENDANT

In Re:  Eric Lindsey, Jr.

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREIN ABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.  You are hereby notified that you must answer said Complaint by the 16th day of December 2022.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 17th day of October 2022

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 21, 28, November 4 and 11, 2022

_____________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-22-900344-SJS

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

Glock 43 9mm Pistol Serial # BBZK186

Raven Arms 25 Auto Pistol Serial # 024354

Ruger 10-22 22 Cal Rifle Serial # 0006-57284

Remington 870 12 GA Wingmaster Serial # S834949V

Topper M48 410 Cal Shotgun Serial # 70893

Mossburg 500 12 GA Shotgun Serial # K885913

DEFENDANT

In Re:  Christopher Kendel Yarber

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREIN ABOVE DESCRIBED PROPERTY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.  You are hereby notified that you must answer said Complaint by the 16th  day of December 2022.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 17th day of October 2022

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 21, 28, November 4 and 11, 2022

______________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-22-75-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$2,788.00 U.S. Currency

DEFENDANT

In Re:  Javonne Jackson

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.  You are hereby notified that you must answer said Complaint by the 19th day of December 2022.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 18th day of October 2022

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 21, 28, November4 and 11, 2022

______________

NOTICE OF CONDEMNATION-FORFEITUREACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-22-91-WBO

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS.

$1,105.00  U.S. Currency

DEFENDANT

In Re:  Daniel Cornelius Goree

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.  You are hereby notified that you must answer said Complaint by the 19th day of December 2022.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 18th day of October 2022

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

October 21, 28, November 4 and 11, 2022

_______________

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-2022-0103

JAMES W. SWAIN; ROSEMARY G. SWAIN; CAPITAL ONE BANK (USA) N.A.; ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real property located at 808 South 12th Street, Gadsden, Alabama 35901 and having a legal description of: Begin at the SE corner of Lot #26, Block #20; thence run in a Northerly direction along the East line thereof a distance of 61.5 feet to a point; thence deflect to the left at an angle of 90°00’ and run in a Westerly direction paral-lel with the south line of said lot a distance of 72.55 feet to a point in the Westerly line there-of; thence deflect to the left at an angle of 80°53’ and run in a Southerly direction along the Westerly line of said lot a distance of 62.19 feet to the SW corner thereof; thence deflect to the left at angle of 99°07’ and run in an Easterly direction along the South line of said lot a dis-tance of 82.4 feet to the point of beginning and embracing portion of Lot #26, Block #20, Gads-den Land and Improvement Company’s Kyle Addition to Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book A, page 23, Probate Office, Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama,  and known as Parcel ID No. 15-03-05-4-000-241.000, PPIN: 037260; 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 JAMES W. SWAIN; ROSEMARY G. SWAIN; CAPITAL ONE BANK (USA) N.A.;  ETOWAH COUNTY, ALABAMA; CITY OF GADSDEN; and any and all other unknown heirs, claimants or in-terested parties claiming any right, title, estate, lien, or interest in the real estate described herein,

TAKE NOTICE that on October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Begin at the SE corner of Lot #26, Block #20; thence run in a Northerly direction along the East line thereof a distance of 61.5 feet to a point; thence deflect to the left at an angle of 90°00’ and run in a Westerly direction parallel with the south line of said lot a distance of 72.55 feet to a point in the Westerly line thereof; thence deflect to the left at an angle of 80°53’ and run in a Southerly direction along the Westerly line of said lot a distance of 62.19 feet to the SW corner thereof; thence deflect to the left at angle of 99°07’ and run in an Easterly direction along the South line of said lot a distance of 82.4 feet to the point of beginning and embracing portion of Lot #26, Block #20, Gadsden Land and Improvement Company’s Kyle Addition to Gadsden, Alabama, according to the map or plat thereof recorded in Plat Book A, page 23, Pro-bate Office, Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama.

Property Address:  808 South 12th Street, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 Ala-bama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may re-deem 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 RE-DEMPTION 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 Chamberlain Parker, 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, 2022. Cassandra “Sam” Johnson

Circuit Clerk

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

200 Chestnut Street,

Gadsden, AL 35901

Phone: 256-543-3664

October 28,November 4, and 11, 2022        

______________

NOTICE OF DIVORCE ACTION

IN THE SIXTEENTH JUDICIAL CIRCUIT OF ETOWAH COUNTY, ALABAMA

Robert Martin, Plaintiff

VS

Sarah Martin,

Defendant

Case Number:  DR-2022-900219

SARAH MARTIN, whose whereabouts are unknown, must answer ROBERT MARTIN’S Complaint of Divorce, within 30 days from the date of the last publication of this Notice, or therefore, a Judgement by Default may be rendered against SARAH MARTIN in Case Number DR-2022-900219 in the Circuit Court of Etowah County, Alabama.

Done this 19th day of October 2022.

Cassandra Johnson,

Circuit Clerk of Court

Gerald Maxwell

Attorney for Plaintiff

821 Tuscaloosa Ave.

Gadsden, AL. 35901

256-459-5443

October 28, November 4, 11 and 18, 2022

______________

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-2022-0097

VIRGINIA BARFIELD, deceased, her unknown heirs and successors; CLIFFORD BARFIELD; BOBBY DALE BARFIELD;  ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real proper-ty located at 1339 Cansler Avenue, Gadsden, Alabama 35901 and having a legal description of: Lot Number Twenty-four (24), Block Number Seven (7), in the Hill and Cansler Addition to the City of Gadsden, according to the map or plat thereof, recorded in Plat Book “A”, Page 74, Pro-bate Office, Etowah County, Alabama, and known as Parcel ID No. 15-03-05-4-000-400.000, PPIN: 37530; 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 VIRGINIA BARFIELD; CLIFFORD BARFIELD; BOBBY DALE BARFIELD;  ETOWAH COUNTY, AL-ABAMA; CITY OF GADSDEN; and any and all other unknown heirs, claimants or interested par-ties claiming any right, title, estate, lien, or interest in the real estate described herein,

TAKE NOTICE that on October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Lot Number Twenty-four (24), Block Number Seven (7), in the Hill and Cansler Addition to the City of Gadsden, according to the map or plat thereof, recorded in Plat Book “A”, Page 74, Pro-bate Office, Etowah County, Alabama

Property Address:  1339 Cansler Avenue, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 Ala-bama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may re-deem 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 Chamberlain Parker, 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, 2022.

Cassandra Johnson

Circuit Clerk

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

P.O. Box129

Gadsden, AL 35901

Phone: 256-543-3664

Fax: 256-543-3674

November 4, 11 and 18, 2022

_______________

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-2022-0098

VIRGINIA BARFIELD, deceased, her unknown heirs and successors; CLIFFORD BARFIELD; BOBBY DALE BARFIELD; EDDIE JAMES HARRIS, JR.; FIRST FAMILY FINANCIAL SERVICES, INC.; ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real property located at 1403 Cansler Avenue, Gadsden, Alabama 35901 and having a legal description of: Lot Number Four (4) In Block Number Six (6), in Hill and Cansler Addition according to the  map recorded in Plat Book “A”, Page 74 and 75, Probate Office, Etowah County, Alabama, and known as Parcel ID No. 15-03-05-4-000-386.000, PPIN: 37534; and any and all other unknown heirs, claimants or interest-ed parties claiming any right, title, estate, lien, or interest in the real estate described herein,

Defendants.  

TO VIRGINIA BARFIELD; CLIFFORD BARFIELD; BOBBY DALE BARFIELD; EDDIE JAMES HARRIS, JR.; FIRST FAMILY FINANCIAL SERVICES, INC.;  ETOWAH COUNTY, ALABAMA; CITY OF GADS-DEN; 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,

TAKE NOTICE that on October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Lot Number Six (6) In Block Number Six (6), in Hill and Cansler Addition according to the  map recorded in Plat Book “A”, Page 74 and 75, Probate Office, Etowah County, Alabama.

Property Address:  1403 Cansler Avenue, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 Ala-bama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may re-deem 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 RE-DEMPTION 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 Chamberlain Parker, 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, 2022.

Cassandra Johnson

Circuit Clerk

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

P.O. Box129

Gadsden, AL 35901

Phone: 256-543-3664

Fax: 256-543-3674

November 4, 11 and 18, 2022

______________

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-2022-0099

VIRGINIA BARFIELD, deceased, her unknown heirs and successors; CLIFFORD BARFIELD; BOB-BY DALE BARFIELD; BARFIELD INVESTMENTS, LLC; MARKETA KAY KINNEY; JEFF WALSH; BRIDGETTE SMITH; FIRST FAMILY FINANCIAL SERVICES, INC.; ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real property located at 1405 Cansler Avenue, Gadsden, Ala-bama 35901 and having a legal description of: Lot Number Six (6) In Block Number Six (6), in Hill and Cansler Addition according to the  map recorded in Plat Book “A”, Page 74 and 75, Pro-bate Office, Etowah County, Alabama, and known as Parcel ID No. 15-03-05-4-000-385.000, PPIN: 37533; 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 VIRGINIA BARFIELD; CLIFFORD BARFIELD; BOBBY DALE BARFIELD; BARFIELD INVEST-MENTS, LLC; MARKETA KAY KINNEY; JEFF WALSH; BRIDGETTE SMITH; FIRST FAMILY FINAN-CIAL SERVICES, INC.;  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 real estate described herein,

TAKE NOTICE that on October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Lot Number Six (6) In Block Number Six (6), in Hill and Cansler Addition according to the  map recorded in Plat Book “A”, Page 74 and 75, Probate Office, Etowah County, Alabama.

Property Address:  1405 Cansler Avenue, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 Ala-bama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may re-deem 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 RE-DEMPTION 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 Chamberlain Parker, 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, 2022.

Cassandra Johnson, Circuit Clerk

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

P.O. Box129

Gadsden, AL 35901

Phone: 256-543-3664

Fax: 256-543-3674

November 4, 11 and 18, 2022

_______________

NOTICE OF FINAL HEARING BYPUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

GADSDEN LAND BANK AUTHORITY,

a Public Corporation,

Plaintiff,

v. CIVIL ACTION NO.: CV-2022-0100

MANNON V HERRING, deceased, his unknown heirs and successors; GERALDINE T. HERRING, deceased, her unknown heirs and successors; RHONDA HERRING; ROBIN HERRING WISE; ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real property located at 1340 Cansler Avenue, Gadsden, Alabama 35901 and having a legal description of: Lot Number Twen-ty-one (21), Block Number Ten (10), of the Hill and Cansler Addition to Gadsden, according to the map or plat thereof, recorded in Book of Town Plats “A”, Page 74, in the Office of the Judge of Probate of Etowah County, Alabama, together with all improvements located thereon., and known as Parcel ID No. 15-03-05-4-000-016.000, PPIN: 37021; 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,

Defendants. 

TO MANNON V HERRING; GERALDINE T. HERRING; RHONDA HERRING; ROBIN HERRING WISE;  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 real es-tate described herein,

TAKE NOTICE that on October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Lot Number Twenty-one (21), Block Number Ten (10), of the Hill and Cansler Addition to Gads-den, according to the map or plat thereof, recorded in Book of Town Plats “A”, Page 74, in the Office of the Judge of Probate of Etowah County, Alabama, together with all improvements located thereon.

Property Address:  1340 Cansler Avenue, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 Ala-bama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may re-deem 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 RE-DEMPTION 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 Chamberlain Parker, 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, 2022.

Cassandra Johnson,

Circuit Clerk

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

P.O. Box129

Gadsden, AL 35901

Phone: 256-543-3664

Fax: 256-543-3674

November 4, 11 and 18, 2022

______________

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-2022-0101

KIM PARKER d/b/a THE PARKER COMPANY; DENNIS A. CROSBY;  ETOWAH COUNTY, ALA-BAMA;  CITY OF GADSDEN; that parcel of real property located at 1337 Cansler Avenue, Gads-den, Alabama 35901 and having a legal description of: Lot Number Twenty-two (22) in Block Number Seven (7), in the Hill and Cansler Addition to The City of Gadsden as appears in Plat Book of Town Plats “A”, Pages 74 and 75, in the office of the Judge of Probate of Etowah Coun-ty, Alabama, said property lying and being in Gadsden, Etowah County, Alabama, and known as Parcel ID No. 15-03-05-4-000-401.000, PPIN: 37529; and any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the real es-tate described herein,

Defendants. 

NOTICE OF FINAL HEARING BY PUBLICATION

TO KIM PARKER d/b/a/ THE PARKER COMPANY; DENNIS CROSBY;  ETOWAH COUNTY, ALA-BAMA; CITY OF GADSDEN; 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,

TAKE NOTICE that on October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Lot Number Twenty-two (22) in Block Number Seven (7), in the Hill and Cansler Addition to The City of Gadsden as appears in Plat Book of Town Plats “A”, Pages 74 and 75, in the office of the Judge of Probate of Etowah County, Alabama, said property lying and being in Gadsden, Etowah County, Alabama.

Property Address:  1337 Cansler Avenue, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 Ala-bama Code §§ 40-10-73 (1975) et seq. or Alabama Code §§ 40-10-83 (1975) et seq. may re-deem 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 RE-DEMPTION 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 Chamberlain Parker, 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, 2022.

Cassandra Johnson

Circuit Clerk

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

P.O. Box129

Gadsden, AL 35901

Phone: 256-543-3664

Fax: 256-543-3674

November 4, 11 and 18, 2022

_______________

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-2022-0102

JAMES WILLIAM SWAIN; ROSEMARY GRAHAM SWAIN; ALISHA JOYCE NAPPIER; CAPITAL ONE BANK (USA), N.A.;  ETOWAH COUNTY, ALABAMA;  CITY OF GADSDEN; that parcel of real property located at 1338 Cansler Avenue, Gadsden, Alabama 35901 and having a legal description of: Lot 19 of Block 10 of  Hill and Cansler Addition as recorded in Plat Book “A”, Page 75, in the office of the Judge of Probate of Etowah County, Alabama, said property lying and being in Gadsden, Etowah County, Alabama, and known as Parcel ID No. 15-03-05-4-000-015.000, PPIN: 37020; 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 JAMES W. SWAIN; ROSEMARY G. SWAIN; ALISHA JOYCE NAPPIER; CAPITAL ONE BANK (USA) N.A.;  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 October 12, 2022, the Gadsden Land Bank Authority filed the above-styled Complaint and the record reflects recorded notice of a pending quiet title and foreclosure ac-tion in the Probate Court of Etowah County, Alabama concerning the rights and/or interests in the following real property:

Lot 19 of Block 10 of Hill and Cansler Addition as recorded in Plat Book “A”, Page 75, in the of-fice of the Judge of Probate of Etowah County, Alabama.

Property Address:  1338 Cansler Avenue, Gadsden, Alabama 35901

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 December 7, 2022 at 9:00 a.m. in Judge George Day’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 re-deem 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, Alabama 35901.  The Gadsden Land Bank Authority may be contacted care of Chamberlain Parker, 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, 2022.

Cassandra Johnson

Circuit Clerk

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

P.O. Box129

Gadsden, AL 35901

Phone: 256-543-3664

Fax: 256-543-3674

November 4, 11 and 18, 2022 

______________

STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR

WHEREAS, on November 3, 2020, the people of Alabama ratified Amendment 951 to the Constitution of Alabama of 1901, authorizing the Alabama Legislature, during its 2022 Regular Session, to draft a recompilation of the Constitution of Alabama of 1901;

WHEREAS Amendment 951 confines the draft recompilation to arranging the Constitution of Alabama of 1901 into proper articles, parts, and sections; removing all racist language; deleting duplicative and repealed provisions; consolidating provisions regarding economic development; and arranging all local amendments by county of application; and the draft may make “no other changes”;

WHEREAS Amendment 951 further requires any such draft recompilation to be submitted to the voters upon approval, through a joint resolution, by a three-fifths vote of each house of the Legislature;

WHEREAS the Legislature at its 2022 Regular Session enacted a joint resolution by the requisite three-fifths vote approving a “Proposed Constitution of Alabama of 2022” and specifically finding that it complies with Amendment 951 to the Constitution of Alabama of 1901, see Ala. Act No. 2022-111;

WHEREAS the full text of the Proposed Constitution of 2022 is published on the website of the Secretary of State as required by Amendment 951 and is available for viewing at http://alison.legislature.state.al.us/proposed-2022-constitution;

WHEREAS, in conformity with Amendment 951 and other applicable provisions of Alabama law, the Legislature has ordered an election by the qualified electors of the State upon ratification of the Proposed Constitution of 2022 to be held at the 2022 general election; and

WHEREAS, upon ratification of the proposed Constitution of 2022 by a majority of the qualified electors of this State voting on the question of ratification, the Proposed Constitution of 2022 shall succeed the Constitution of Alabama of 1901 as the supreme law of this State in accordance with Amendment 951;

NOW, THEREFORE, I, Kay Ivey, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, November 8, 2022, an election will be held in the State of Alabama in the manner and form provided by law upon the question of ratification of the proposed Constitution of Alabama of 2022, which has been certified by the Secretary of State to appear on ballots as follows:

“Shall the following Recompilation of the
Constitution of Alabama of 1901 be ratified?”

PROPOSED CONSTITUTION TO
APPEAR ON THE BALLOT STATEWIDE

CONSTITUTION OF ALABAMA OF 2022

Proposing adoption of the Constitution of Alabama of 2022, which is a recompilation of the Constitution of Alabama of 1901, prepared in accordance with Amendment 951, arranging the constitution in proper articles, parts, and sections, removing racist language, deleting duplicated and repealed provisions, consolidating provisions regarding economic development, arranging all local amendments by county of application, and making no other changes. (Proposed by Act 2022-111)

 

( )  YES

( )  NO

 

 

STATE OF ALABAMA

PROCLAMATION

BY THE GOVERNOR

 

WHEREAS the Alabama Legislature at its 2021 and 2022 Regular Sessions enacted Act No. 2021-199 (SB74), Act No. 2021-201 (HB131), Act No. 2021-202 (SB68), Act No. 2021-284 (HB388), Act No. 2021-327 (HB178), Act No. 2022-117 (HB255), Act No. 2022-177 (HB319), Act No. 2022-256 (SB196), Act No. 2022-286 (HB458), and Act No. 2022-288 (HB148), proposing amendments to the Constitution of Alabama of 1901;

WHEREAS, in conformity with Section 284 of the Constitution of Alabama of 1901, as amended, the Legislature has ordered an election by the qualified electors of the state upon such proposed amendments; and

WHEREAS notice of this election, together with the proposed amendments, is required by law to be given by proclamation of the Governor, which shall be published once a week for at least four successive weeks immediately preceding the day appointed for the election;

NOW, THEREFORE, I, Kay Ivey, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, November 8, 2022, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendments to the Constitution of 1901 of the State of Alabama:

AMENDMENT PROPOSED BY ACT NO. 2021-199

  • This amendment shall apply only in Shelby County.

(b) Except as provided for in subsection (c), any private entity and any privately owned plant, property, or facility for the collection, treatment, or disposal of sewage that uses, directly or through a lease or contract, public rights-of-way of public roads for any part of its collection or disposal system, that discharges to a Grade III or higher wastewater treatment facility as defined in and by the current classification system used by the Alabama Department of Environmental Management on January 1, 2020, and its equivalent classification thereafter, and that has residential or commercial customers that are billed a flat service fee or fee based on water usage, hereinafter referred to as utility or utilities, shall be certified and regulated by the Public Service Commission, which regulation shall include, but not be limited to, regulation of the rates, charges, and increases in rates or charges imposed on its customers. The Public Service Commission shall certify and regulate the entities, plants, facilities, and utilities affected hereby, based on and in accordance with Title 37, Code of Alabama 1975, as amended.  Implementation of this amendment, whether gradual or at one time, shall be determined by the Public Service Commission.  Until the Public Service Commission determines applicable rates and charges to be imposed on customers, the rates and charges shall be in accord with and governed by the most recent and controlling rate control agreement or in the event there is not a controlling rate control agreement, that utility’s most recent published rate.

(c) If the county, a municipality, or a governmental utility service corporation (GUSC) in the county enters into a rate control agreement with an entity or facility described in subsection (b), the county, municipality, or GUSC may opt out of regulation by the Public Service Commission as to and for any residential or commercial customers affected by and are subject to the rate control agreement. In the event a rate control agreement or any part thereof is found to be invalid, or is terminated by the county, municipality, or GUSC that entered into the rate control agreement, or becomes unenforceable or void in whole or in part, then the jurisdiction of the Public Service Commission and the provisions in subsection (b) pertaining to regulation by the Public Service Commission shall by operation of law be restored and enforced to the full force and effect of this amendment.

(d) In the event Public Service Commission jurisdiction is restored after the county, municipality, or GUSC has exercised its opt-out provision provided in subsection (c) and has voluntarily terminated the rate control agreement, the county, municipality, or GUSC may not again exercise its power to opt out of Public Service Commission jurisdiction and rate control for a period of five years from the date Public Service Commission jurisdiction is reinstated.

(e) In the event that an entity, plant, property, or facility serves customers located in more than one municipality, the opt-out option provided in subsection (c) shall vest with the municipality that has a rate control agreement executed as of or prior to January 1, 2021, subject to approval of the Shelby County Commission.

AMENDMENT PROPOSED BY ACT NO. 2021-201

Part I.  This amendment shall be known and may be cited as Aniah’s Law.

Part II.   Section 16 of the Constitution of Alabama of 1901, now appearing as Section 16 of the Official Recompilation of the Constitution of Alabama 1901, as amended, is amended to read as follows:

“Section 16.

“That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great unless charged with an offense enumerated by the Legislature by general law capital murder, as provided in Section 13A-5-40, Code of Alabama 1975, as amended; murder, as provided in Section 13A-6-2, Code of Alabama 1975, as amended; kidnapping in the first degree, as provided in Section 13A-6-43, Code of Alabama 1975, as amended; rape in the first degree, as provided in Section 13A-6-61, Code of Alabama 1975, as amended; sodomy in the first degree, as provided in Section 13A-6-63, Code of Alabama 1975, as amended; sexual torture, as provided in Section 13A-6-65.1, Code of Alabama 1975, as amended; domestic violence in the first degree, as provided in Section 13A-6-130, Code of Alabama 1975, as amended; human trafficking in the first degree, as provided in Section 13A-6-152, Code of Alabama 1975, as amended; burglary in the first degree, as provided in Section 13A-7-5, Code of Alabama 1975, as amended; arson in the first degree, as provided in Section 13A-7-41, Code of Alabama 1975, as amended; robbery in the first degree, as provided in Section 13A-8-41, Code of Alabama 1975, as amended; terrorism, as provided in subdivision (b)(2) of Section 13A-10-152, Code of Alabama 1975, as amended; and aggravated child abuse, as provided in subsection (b) of Section 26-15-3.1, Code of Alabama 1975, as amended; and that excessive bail shall not in any case be required.”

AMENDMENT PROPOSED BY ACT NO. 2021-202

Section 6.06 of Amendment 328, as amended by Amendment 364, of the Constitution of Alabama of 1901, now appearing as Section 144 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

“Amendment 364.

“Section 6.06. Probate court.

“There shall be a probate court in each county which that shall have general jurisdiction of orphans’ business, and of adoptions, and with the power to grant letters testamentary, and of administration, and of guardianships, and shall have such further jurisdiction as may be provided by law, provided, that whenever the circuit court has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators, executors, guardians, and trustees and including action upon the resignation of either of them.”

AMENDMENT PROPOSED BY ACT NO. 2021-284

The implementation date for any bill enacted by the Legislature in a calendar year in which a general election is to be held and relating to the conduct of the general election shall be at least six months before the general election.

AMENDMENT PROPOSED BY ACT NO. 2021-327

Each municipality authorized to levy and collect the special ad valorem tax authorized in Amendment No. 8 to the Constitution of Alabama 1901, now appearing as Section 216.01 of the Recompiled Constitution of Alabama of 1901, as amended, for the payment of bonds and the interest thereon, may levy and collect such ad valorem tax at a rate not exceeding the millage rate then lawfully permitted to be levied and collected by the municipality to directly pay the costs of public capital improvements, as well as to pay the principal of and interest on bonds, warrants, or other securities issued to finance or refinance the costs of the improvements; and any levy and collection of such ad valorem tax for these purposes by the municipality prior to the ratification of this amendment is hereby ratified, validated, and confirmed.

AMENDMENT PROPOSED BY ACT NO. 2022-117

The state, a county, or a municipality is authorized to grant federal award funds or any other source of funding designated for broadband infrastructure by state law to any public or private entity for the purpose of providing or expanding broadband infrastructure. The granting of funds by a county or a municipality to a private entity pursuant to this section must be approved at a public meeting held by the appropriate county or municipality.

AMENDMENT PROPOSED BY ACT NO. 2022-177

Contingent upon the ratification of the Constitution of Alabama of 2022:

(a) The Code Commissioner shall number and place any constitutional amendment ratified on the date of ratification of this amendment as appropriate in the Constitution of Alabama of 2022, based upon a logical sequence and the particular subject or topic of the amendment.

(b)(1) Any judicial decision interpreting a provision of the Alabama Constitution of 1901, shall remain valid as to the appropriate provision in the Constitution of Alabama of 2022, that has not been substantively changed by the Constitution of Alabama of 2022. Any case annotation to any section of the Constitution of Alabama of 1901, compiled and published prior to the ratification of this amendment shall apply to the section as it is numbered or renumbered in the Constitution of Alabama of 2022, as authorized by Amendment 951.

(2) The Code Commissioner shall instruct the publisher of the Official Recompilation of the Constitution of Alabama of 1901, to transfer, organize, and otherwise arrange annotations to the same or renumbered sections of the Constitution of Alabama of 2022, except to the extent substantively changed.

AMENDMENT PROPOSED BY ACT NO. 2022-256

(a)(1) The governor shall have power to Governor may grant reprieves and commutations to persons under sentence of death.

(2) The power to grant a reprieve or commutation under subdivision (1) shall not be exercised until the Governor has notified the Attorney General and has made reasonable efforts to notify a designated member of the victim’s family, whose mailing address, e-mail, and phone number have been provided to the Governor by the Attorney General for this purpose.

            (3) Failure to provide the required notification under subdivision (2) shall void the reprieve or commutation, and the Attorney General may seek a new execution order from the Alabama Supreme Court as provided under existing law.

(b)        The legislature shall have power to Legislature may provide for and to regulate the administration of pardons, paroles, remission of fines and forfeitures, and may authorize the courts having criminal jurisdiction to suspend sentence and to order probation.

  • No pardon shall relieve a person from civil and political disabilities unless specifically expressed in the pardon.

AMENDMENT PROPOSED BY ACT NO. 2022-286

“Amendment 772

“(a) The governing body of any county, and the governing body of any municipality located therein, for which a local constitutional amendment has not been adopted authorizing any of the following, a county or municipality shall have full and continuing power to do any of the following:

“(1) Use public funds to purchase, lease, or otherwise acquire real property, buildings, plants, factories, facilities, machinery, and equipment of any kind, or to utilize the properties heretofore purchased or otherwise acquired on or before adoption of this amendment, and to improve and develop the properties for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve the sites or projects.

“(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any real property, buildings, plants, factories, facilities, machinery, and equipment of any kind or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality before or after adoption of this amendment, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

“(3) Lend its credit to, or grant public funds and things of value in aid of, or to, any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of the county or the municipality.

“(4) Become indebted and issue bonds, warrants which may be payable from funds to be realized in future years, notes, or other obligations, or evidences of indebtedness to a an aggregate outstanding principal amount not exceeding an amount equal to 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1), or to be used in furtherance of any of the other powers or authorities granted in this amendment. The obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any municipality or may be limited as to the source of their payment.

(b) The recital in any bonds, warrants, notes, or other obligations, or evidences of indebtedness that they were issued pursuant to this amendment, or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered do not constitute an indebtedness of the county or any municipality for the purpose of determining the borrowing capacity of the county or municipality under this Constitution.

(b)(c) In carrying out the purpose of this amendment, neither the county nor any municipality located therein a county or a municipality shall not be subject to Section 93 or 94 of this Constitution or be required to comply with Section 222 of this Constitution. Each public corporation heretofore Section 93 or 94 of this Constitution, nor shall a county or municipality be required to comply with the provisions of Section 222 of this Constitution, unless issuing general obligation bond instruments establishing a requirement for repayment. Each public corporation created by the county or by any municipality located therein on or before the adoption of this amendment, including specifically any industrial development board incorporated under Article 4 of Chapter 54 of Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A of Title 11 of the Code of Alabama 1975, and the Shoals Economic Development Authority enacted under Act No. 95-512, 1995 Regular Session, are validated and the powers granted to the board or authority under its respective enabling legislation are validated, notwithstanding any other provision of law or of this Constitution. The powers granted by this amendment may be exercised as an exclusive alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by this Constitution or any law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

(c)(d) Neither the county nor any municipality located therein shall lend its credit to, or grant any public funds or thing of value to, or in aid of, any private entity under the authority of this amendment unless prior thereto to doing so, both of the following are satisfied:

“(1) The action proposed to be taken by the county or municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by the governing body that the expenditure of public funds for the purpose specified will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

“(2) At least seven days prior to the public meeting, a notice is published in the a newspaper having the largest circulation in circulation in the county or municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by the action, and identifying each individual, firm, corporation, or other business entity to whom, or for whose benefit, the county or the municipality proposes to lend its credit or grant public funds or thing of value.

(e) For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the its fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

(f) Nothing in this amendment shall authorize the county commission to own or operate a cable television system.

(d)(g) Any action taken, or agreement made, under Amendment 772 by any county or municipality prior to the date this amendment is ratified and confirmed in all respects as of that date, except to the extent that its validity is being challenged in appropriate judicial proceedings in any court of competent jurisdiction on the date this amendment is ratified. This amendment These amendatory provisions shall have prospective application only. Any local constitutional amendments previously adopted and any local law enacted pursuant to such amendment shall remain in full force and effect.”

AMENDMENT PROPOSED BY ACT NO. 2022-288

(a) This amendment shall apply only in Jefferson County and Tuscaloosa County.

(b) Any privately owned plant, property, or facility used for the collection, treatment, or disposal of sewage that uses, directly or through a lease or contract, public rights-of-way of public roads for any part of its collection or disposal system and that has residential or commercial customers located in the city limits of Lake View in Tuscaloosa County and Jefferson County that are billed a flat service fee or fee based on water usage shall be certified and regulated by the Public Service Commission, beginning January 1, 2023 and ending December 31, 2027, in relation to all of the customers of the entity located in the city limits of Lake View in Jefferson County and Tuscaloosa County, and in the unincorporated areas of Tuscaloosa County.

 

October 14, 21, 28 and November 4, 2022

_______________

ORDINANCE NO. O-41-22

Rezoning 1225 & 1229 Malone Street, Lot Sixteen on Malone Street,

and 213 Mountain 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 R-2, Multiple—Family Residence District and I-1, Light Industry District to B-2, General Business District:

Parcel One: A tract of land described as beginning at the southeast corner of Lot No. 17, in Block No. Two in Crocheron’s Addition, as recorded in Plat Book “A,” Page 69, in the Probate Office, Etowah County, Alabama, and from thence running in a northerly direction and along the east line of said Lot a distance of 150 feet to the northeast corner thereof; thence in a westerly direction and along the north line of said Lot No. 17 a distance of 51 feet; thence in a southerly direction and parallel to the east line of said Lot No. 17 a distance of 150 feet to the north line of Malone Street; thence in an easterly direction and along the north line of Malone Street a distance of 51 feet to the point of beginning, and being a portion of said Lot No. 17, said property being 51 feet off the east side of Lot No. 17, fronting 51 feet on the north side of Malone Street, and extending back northwardly of even width 150 feet.

Parcel Two: Lot Nos. 33, 34, 35, and 36, in Crocheron’s Addition, as recorded in Plat Book “A,” Page 69, in the Probate Office, Etowah County, Alabama. Save and Except those portions of Lot 36 described in the deed from W.A. Crocheron to M.E. Land by deed dated April 28, 1888, and recorded in Deed Record “N,” Page 602, said Probate Office; Together With all of the vacated portion of Railroad Street, as shown on said plat, lying north of and abutting the above-described property and south of the L&N Railroad ROW.

Parcel Three: A tract or parcel of land described as beginning at the southwest corner of Lot No. 17, and from thence run in an easterly direction and along the south line of said Lot a distance of 40 feet to a point; thence run in a northerly direction parallel with the west line of said Lot a distance of 150 feet to a point in the north line thereof; thence run in a westerly direction and along the north line of Lot Nos. 17 and 18 a distance of 74 feet to a point; thence run in a southerly direction in a direct line a distance of 150 feet, ±, to a point in the south line of Lot No. 18, which said point is 30 feet westerly, measured along said south line, from the southeast corner of said Lot No. 18; thence in an easterly direction and along the south line of said Lot No. 18, a distance of 30 feet to the point of beginning, said description embracing the West 40 feet of Lot No. 17, and portions of Lot No. 18, in Block Two of Crocheron’s Addition, as recorded in Plat Book “A,” Page 69, Probate Office, Etowah County, Alabama.

Parcel Four: Lot Nos. 30, 31, and 32, in Block No. Two, in Crocerhon’s Addition as recorded in Plat Book “A,” Page 69, Probate Office, Etowah County, Alabama, together with all of the vacated portion of Railroad Street, lying north of and abutting the above described property and south of the L&N Railroad ROW.

Parcel Five: Lot 16 in Block Two in W.A. Crocheron’s No. One Addition, as recorded in Plat Book “A,” Page 69, Probate Office, Etowah County, Alabama.

Adopted by the City Council of Gadsden, Alabama at a meeting held on October 25, 2022.

Iva Nelson, City Clerk

November 4, 2022

______________

ORDINANCE NO. O-42-22

Amending Fiscal Year 2023 Budget

WHEREAS, the City of Gadsden has been awarded a grant from the Alabama Tourism Depart-ment in the amount of $2,600.00, for expenses involved with Kansas City Barbeque Society World Invitational, November 10 – 13, 2022; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, that the General Fund Budget adopted by Ordinance No. O-35-22 (Fiscal Year 2023 Budget), is amended by increasing the following accounts: #302-6502-451.60-51 (Expense Account) in the amount of $2,600.00; and account

#302-6502-332.00-00 (State of Alabama Tourism Revenue) in the amount of $2,600.00. Adopt-ed by the City Council of the City of Gadsden, Alabama, at an open public meeting held on Oc-tober 25, 2022.

Iva Nelson, City Clerk

November 4, 2022

______________

RESOLUTION NO. R-294-22

Ordering Abatement of Nuisance                                                                       

Whereas, the Building Official has determined that the property or condition located at 1812 EMANUEL AVENUE in District 5 in the City of Gadsden, more particularly described as: 

LT 35 BLK E EDGEWOOD ADD #2 PLAT E-79 7-12-6

Tax ID#: 15-03-07-4-000-257.000  

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to DANNY E FENDLEY, 199 MOOYN ROAD, CARROLLTON, GA.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

1. The Council finds that the property constitutes a nuisance in violation of the Code Ordi-nances and should be abated.

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

Adopted by the City Council of Gadsden, Alabama, at a meeting held on October 25, 2022.                                    

Iva Nelson, City Clerk      

November 4, 2022        

_______________

RESOLUTION NO. R-295-22

Ordering Abatement of Nuisance                                                                       

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

3411 GEORGIA AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot 25 and 26 in Block 4 of the Homewood Addition, according to the map or plat thereof recorded in Plat Book “C’, Pages 218-219, Probate Office, Etowah County, Alabama, 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 JOHN COL-LINS and ANNE PATTERSON, 3411 GEORGIA AVENUE, GADSDEN, AL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, 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, Alabama, at an open public meeting held on October 25, 2022.

Iva Nelson, City Clerk   

November 4, 2022

______________

RESOLUTION NO. R-296-22

Ordering Abatement of Nuisance                                                                    

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

1109 WILSON DRIVE in District 7 in the City of Gadsden, more particularly described as:

Lot Number Twenty-Eight (28), in Block Number Fifteen (15), in Clayton Subdivision to Alabama City, Alabama, Etowah County, as recorded in Plat Book “D”, Page 70 and 71, Probate Office, 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 the STATE OF ALABAMA, P.O. BOX 327210, MONTGOMERY, AL, subject to the rights of redemption of W.T. SHANEYFELT and wife MYRTLE SHANEYFELT, or their heirs if deceased. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, 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, Alabama, at an open public meeting held on October 25, 2022.

Iva Nelson, City Clerk   

November 4, 2022            

______________

LEGAL ZONING NOTICE

Notice is hereby given that on Thursday, the 17th of November, at 8:30 a.m., the Board of Adjustment of the City of Gadsden will hold a public hearing in the City Council Chamber, First Floor, at City Hall, 90 Broad Street, Gadsden, Alabama to give all persons who desire an opportunity to be heard in opposition to or in favor of the following request:

“A request for special exception to reduce the required off-street parking from 46 spaces to 40 spaces in a B-2, General Business District on the following described property:

Commence from a ½” crimp top pin found at the intersection of the Southern ROW of Rosedale Avenue (60’ ROW) and the Wester ROW of Rainbow Drive (US Hwy 411) (variable ROW) and being the Northeast corner of Block Two of J.V. Liles Addition (PB E, Page 223); thence with said ROW of Rosedale Avenue North 88°02’42” West a distance of 150.17’ to a ½” rebar set, said pin being the True Point of Beginning; thence continuing with said ROW the following calls: North 88°02’42” West a distance of 83.28’ to a ½” rebar set; thence North 71°33’00” West a distance of 212.57’ to a ½” rebar set; thence with a curve turning to the left with an arc length of 34.12’; with a radius of 15.61’; with a chord bearing of South 46°07’50” West with a chord length of 27.72’ to a ½” rebar/cap found along the Eastern ROW of Fourth Street (50’ ROW); thence with said ROW, the following calls: South 16°30’40” East a distance of 98.76’ to a ½” rebar; set; South 31°17’40” East a distance of 227.20’ to a ½” rebar set; thence with a curve turning to the left with an arc length of 36.70’; with a radius of 37.22’; with a chord bear-ing of South 59°32’40” East, with a chord length of 35.24’ to a ½” rebar set along the Northern ROW of Jessica Avenue (60’ ROW); thence with said ROW South 87°47’40” East a distance of 103.94’ to a ½” rebar/cap found; thence leaving said ROW North 01°38’23” East a distance of 159.04’to a ½” rebar found; thence South 88°03’35” East a distance of 22’ to a ½” rebar set; thence North 01°34’19” East a distance of 100.01’ to a ½” rebar set, said pin being The True Point of Beginning.

October 28 and

November 4, 2022    

_____________

LEGAL ZONING NOTICE

At a regular meeting of the City Council of Gadsden to be held in the Council Chamber at City Hall, First Floor, 90 Broad Street, Gadsden, Alabama on Tuesday, November 29, 2022, commencing at 11:00 a.m., a public hearing will be held to consider the adoption of an ordinance substantially as follows:

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 property from R-2, Multiple-Family Residence District to O-1, Office District:

Tract One: Lots 52, 53, Parcel 2, according to the Survey of River View Estates, dated October 25, 1944, and recorded in Plat Book “C,” Pages 402 and 403, of the record of maps in the Probate Office of Etowah County, Alabama, and being more particularly described as follows:  Begin at the Northwest corner of said Lot 53 and run southerly along the west line of said lot for 376 feet to the centerline of an Alabama Power Company easement; thence deflect an angle of 66°53’ left and run southeasterly along said centerline of said easement for 163.14 feet to a point, which is 50 feet east of the west line of said Lot 52 for 433 feet to a point on the easement line of the Coosa River; thence run westerly along the easement line of the Coosa Ricer a chord distance of 150.16 to the point of beginning.

Tract Two:  Lots 54, 55, 56, Parcel 2 according to the Survey of River View Estates, dated October 25, 1944, and recorded in Plat Book “C,” Pages 402 and 403, of the record of maps in the Probate Office of Etowah County, Alabama.

Iva Nelson

City Clerk

November 4 and 11, 2022

_______________

ADVERTISEMENT FOR PRE-QUALIFIED BIDDERS AND NOTICE OF INTENT TO RECEIVE BIDS FROM PRE-QUALIFIED BIDDERS

Sealed bids from bidders who have been pre-qualified and who have attended the mandatory pre-bid conference will be received by the ETOWAH COUNTY COMMISSION located at 800 Forrest Avenue, Gadsden, Alabama 35901 until 2:00 PM CT on TUESDAY, NOVEMBER 22, 2022 for:

BUILDING ENVELOPE REPAIRS AT THE ETOWAH COUNTY COURTHOUSE,

JUDICIAL CENTER & DETENTION CENTER

BID NUMBER FY 2023-04

at such time and place, the bids will be publicly opened and read aloud. No bids will be accepted after the time stated for receipt of bids. This requirement will not be waived. No Bid may be withdrawn after the scheduled closing time for receipt of Bids for a period of one hundred and twenty (120) days.

Requirements for Pre-Qualification: The Owner shall pre-qualify Contractors who have successfully completed similar projects on time for satisfied Owners. General Contractors intending to bid must attend the Mandatory Pre-Bid Conference and be Pre-Qualified through the Pre-Qualification process established for this project. The Pre-Qualification proposal shall consist of AIA Document 305, Workers’ Compensation Experience Modification Rate, a list of successful projects, construction costs, clients’ name, address, and telephone number

The Owner reserves the right to modify or abandon this pre-qualification process at any time prior to its completion should the interests of the Owner appear to be promoted thereby.

Pre-Qualification Application Requirements shall be obtained from the Architect by emailing jalverson@swa-consultants.com. The Pre-Qualification proposal shall consist of AIA Document 305, Workers’ Compensation Experience Modification Rate, a list of successful projects, construction costs, clients’ name, address, and telephone number

Pre-Qualification Applications must be submitted to the Architect by email to jalverson@swa-consultants.com no later than 5:00 PM CT, Tuesday, November 8, 2022 after which time no further applications will be considered. General Contractors will be notified by 5:00 PM CT on Thursday, November 10, 2022 as to the status of their pre-qualification.

A Mandatory Pre-Bid Conference will be held at the project site for all pre-qualified General Contractors; date and time to be announced to the pre-qualified General Contractors at time of bid document distribution. Drawings and specifications will be available to be viewed online, at the office of the Architect, and ConstructConnect Plan Room.

Bids must be submitted on Proposal Forms included in this project manual or copies thereof. Submit two (2) copies of the Bid on the Proposal Form provided, without changes, in a sealed envelope bearing the contractor’s name, license number, and bid bond. A bid bond or cashier’s check in the amount of 5% of bid must accompany any bid $25,000 or more. Bids submitted without the bid bond will not be considered.

Bidders must be licensed in accordance with the Laws and Regulations of the State of Alabama and Etowah County. All times indicated are local times. The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owner’s judgment, the best interest of the Owner will thereby be promoted. The successful qualified bidder will provide a Performance Bond in the amount of 100% of the Contract Price and a Labor and Material Payment Bond of no less than 50% of the Contract Price, a Certificate of Insurance and proof of enrollment in the Federal E-Verify Program.

Owner: Etowah County Commission

800 Forrest Avenue

Gadsden, Alabama 35901

T: 256-549-5300

Architect: Stephen Ward & Associates, Inc.

140 Oxmoor Boulevard, Suite 160

Birmingham, Alabama 35209

T: 205-802-6084

October 21, 28 and November 4, 2022

________________

ADVERTISEMENT FOR BIDS

BIG WILLS WATER AUTHORITY

ATTALLA, AL 35954

General Notice

Big Wills Water Authority, Owner is requesting Bids for the construction of the following Projects:

Contract No. 1 – Water Supply Wells, Contract No. 2 – Water Main Extensions Replacement, and Contract No. 3 – Water Meter Replacement

Bids for the construction of the Project will be received at the Big Wills Water Authority locat-ed at 7191 Duck Springs Road, Attalla, AL 35954, until Tuesday, November 15th, 2022 at 2:00 PM local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Contract No. 1 – 2 Water Supply Wells, Pump, Electrical, Well Building and Sitework.

Contract No. 2 – Installation of approximately 41,700 LF of 12”, 10” and 8” PVC Piping and Re-lated Appurtenances, 450 LF of Bore and Case with Steel Casing, and 420 LF of Directional Bore with HDPE Piping.

Contract No. 3 – Replacing approximately 532 – 5/8” x ¾” Meters, 11 – 1” Meters, and 11 – 2” Meters with AMI System. Retrofitting Encoders on approximately 200 Meters.

Bids are requested for the following Contracts: Contract No. 1 – Water Supply Wells, Contract No. 2 – Water Main Extensions Replacement, and Contract No. 3 – Water Meter Replacement

Owner anticipates that the Project’s total bid price will be approximately $ 3,075,250.00. The Project has an expected duration of 360 days for Bid Schedule “A” Contract 1, 180 days for Bid Schedule “B” Contract 1, 150 days for Bid Schedule “A” Contract 2, 180 days for Bid Schedule “B” Contract 2, and 75 days for Contract 3.

Obtaining the Bidding Documents

The Issuing Office for the Bidding Documents is:

Ladd Environmental Consultants, Inc.

1207 Chitwood Avenue, SE (P. O. Box 680869, Zip: 35968-1609)

Fort Payne, AL 35967-4822

Telephone No. (256) 845-5315 / E-Mail: ladd@laddenv.com

Prospective Bidders may obtain or examine the Bidding Documents at the Issuing Office on Monday through Thursday between the hours of 8:00 – 12:00 and 1:00 – 5:00 and Fridays 8:00 – 12:00, and may obtain copies of the Bidding Documents from the Issuing Office as described below. 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.

Printed copies of the Bidding Documents may be obtained from the Issuing Office by paying a deposit of $200.00 for each set – Contract No. 1, $200.00 for each set – Contract No. 2, and $90.00 each set for Contract No. 3. Bidders who return full sets of the Bidding Documents in good condition within 10 days after receipt of Bids will receive a full (100%) refund. Non-Bidders, and Bidders who obtain more than one set of the Bidding Documents, will receive a 50% refund for documents returned in good condition within the time limit indicated above. Make deposit checks for Bidding Documents payable to Ladd Environmental Consultants, Inc.

Bidding Documents may be purchased from the Issuing Office during the hours indicated above.

Cost does include shipping charges. Upon Issuing Office’s receipt of payment, printed Bidding Documents will be sent via standard delivery service.

Bidding Documents also may be examined at Construct Connect Plan Room, 800-364-2059, Dodge Data & Analytics Plan Room, The Blue Book Plan Room and the office of the Big Wills Water Authority on Mondays through Fridays between the hours of 8:00 – 3:00.

Pre-bid Conference

A pre-bid conference for the Project will be held on Thursday, November 3rd, 2022 at 10:00 AM. Attendance at the pre-bid conference is encouraged but not required.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

American Iron and Steel

Section 746 of Title VII of the Consolidated Appropriations ACT of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following prod-ucts made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restrains, valves, struc-tural steel, reinforced precast concrete, and Construction Materials.

The following wavers apply to this Contract:

De Minimis.

Pig iron and direct reduced iron, and

This Advertisement is issued by:

Owner: BIG WILLS WATER AUTHORITY

By: Jahn Coppey

Title: Chairman

Date: October 21, 2022

October 21, 28 and November 4, 2022

_______________

Legal Notice

Bedwell & Whorton Excavating, LLC hereby gives notice of completion of Bid Request No. 3474 Oscar Adams Elementary Access Roadway for the City of Gadsden, Alabama.  This notice will appear for four (4) weeks, once weekly beginning on October 28, 2022 and ending on   November 18,2022.  All claims should be filed with The City of Gadsden 90 Broad Street, Gadsden, Alabama 35901 or call 256-549-4520.

Jeff Bedwell, Owner

October 28,

November 4, 11 and 18, 2022

______________

LEGAL NOTICE

Stuff-It Mini Storage, 3605 Forrest Avenue, Gadsden, 35904. The following storage unit(s) will be sold at auction on November 11, 2022 at 9 a.m. for non-payment:

Stephen Macmillan Unit 16.

Stuff-It Mini Storage

3605 Forrest Avenue

Gadsden, AL. 35904

October 28 and November 4, 2022

______________

LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on November 10, 2022 be-ginning at 9:00 am on the premises of STOCK IT & LOCK IT mini storage located at 3403 Rainbow Parkway, Rainbow City, 35906.

Evelyn Mosley Unit 90-C

Jennifer Cain Unit 342-L

Samantha Castleberry Unit 211-H

Teko Houndjadan Unit 410

Valerie Jordan Unit 185-G

Kristy Rhoades Unit 462-N

Stock it & Lock it

3403 Rainbow Parkway

Rainbow City, AL. 35906

October 28 and November 4, 2022

_______________

LEGAL NOTICE

The following storage units will be auctioned on November 16, 2022 beginning at 10:00 am on the business premises of Southtowne Mini Warehouses.  Southtowne is located at 199 Woodland Drive, off of Steele Station Road in Rainbow City, Alabama.

James Robinson Unit K-12

Tami Powell Unit 144

Toddeasha Johns Unit 385

Shane Smith Unit 419

William Riddlespur Unit 15-9

Tera Kirksey/Coleman Unit 33-31

Michael Thornton Unit 657

Dawn Womack Unit 375

Lauren Horn Unit 411

Britney Rawlinson Unit 584

Joseph Giamalva Unit 34-12

Danny Brady Unit 661

Andrew Bone Unit D-10, D16, and 494

Southtowne Mini Warehouses

199 Woodland Drive

Rainbow City, AL. 35906

November 4 and 11, 2022

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/02/2022.

2014 Kia Soul. VIN: KNDJN2A20E7719796

Tommy Tow’s

1912 3rd St SW

Attalla, AL 35954

(256) 490-3715

October 28 and November 4, 2022

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/02/2022.

2005 Mercury Grand Marquis. VIN: 2MEFM75W95X647590

Matt’s Towing

927 5th Ave NE

Attalla, AL 35954

(256) 485-8755

October 28 and November 4, 2022

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the follow-ing described abandoned vehicle(s) on 12/04/2022.

1998 Nissan Maximum VIN:  JN1CA21D7WM931719

2007 Chevrolet Trailblazer VIN:  1GNDS13 S672227780

1994 Honda Civic VIN:  JHMEG8652RS012170

2015 Kia Forte VIN:  KNAFX4A62F5427608

2007 Harley Davidson FLSTF VIN:  1HD1BXF1X74067966

2008 Ford Explore VIN:  1FMEU 31E28UB34742

2013 Nissan Sentra VIN:  3N1AC 7AP2DL621450

2004 HONDA ACCORD VIN:  1HGCM56824A099692

A&J Towing LLC

4975 Hopper Road

Altoona, AL. 35952

October 28 and November 4, 2022

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/30/2022.

2013 Chevrolet Captiva VIN: 3GNAL1EK7DS632026

Thacker Towing

927 5th Ave NE

Attalla, AL 35954

(256) 564-999

November 4 and 11, 2022

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