Legals for 11/17/2023 – 11/23/2023

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NOTICE OF FORECLOSURE SALE

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

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

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

This Property will be sold on as “as is, where is” basis, without warranty or recourse, expressed or implied as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

Mortgage Assets Management, LLC (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 3, 10, and 17, 2023

___________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

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

The undersigned, U.S. Bank National Association, as Trustee, as successor to Firstar Trust Company, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1996-8under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 1st day of December, 2023 the following property, situated in Etowah County, Alabama, to-wit:

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

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

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

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

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

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

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

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 9277720

www.foreclosurehotline.net

November 3, 10, and 17, 2023

____________

NOTICE OF FORECLOSURE

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

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

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

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

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

ALLIED FIRST BANK, SB DBA SERVBANK

Padgett Law Group

4245 Balmoral Drive SW

Suite 101

Huntsville, AL 35801

November 3, 10, and 17, 2023      

___________

SHERIFF’S SALE

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

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

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

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

SW %

10-13-6

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

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

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

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

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

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

Jonathon W. Horton,

Etowah County Sheriff

November 3, 10 and 17, 2023    

____________

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by that mortgage dated July 29, 2022, in favor of First Southern State Bank, a corporation, and executed by Brian Scott Chapman and Ashley Chapman, a married couple, which Mortgage is recorded August 1, 2022, in Instrument # 3544405, in the Probate Office of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said Mortgage to be due and payable as provided in said Mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said Mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on December 7, 2023, the following described real estate situated in Etowah County, Alabama, to-wit:

Tract One: Lot Number 16 of Etherton Subdivision, as recorded in Plat Book H, Page 4, Probate Office, Etowah County, Alabama.

And ALSO:

Tract Two: A portion of Lot Number 15 of Etherton Subdivision, as recorded in Plat Book H, Page 4, Probate Office, Etowah County, described as beginning at the Southernmost comer of Lot 15 and thence run Northerly along the West line of said lot 86.00 feet to a point; thence deflect 42 degrees 56 minutes 57 seconds to the right, leaving said West line, and run in a Northwesterly direction 220.01 feet to the Northeast corner of said lot; thence deflect 168 de-grees 33 minutes 50 seconds to the right and run Southwesterly, along the Southeast line of said lot, 288.96 feet to the point beginning.

Pursuant to Section 6-5-248 of the Code of Alabama of 1975, as last amended, I submit the following legally required notice, to-wit: 

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.

Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure.  The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2024, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, unrecorded leases, any prior reservation or conveyance, together with release of damages, of minerals of every kind and character, including, but not limited to, oil, gas, sand and gravel in, on and under subject property, discrepancies in square footage or acreage which would be disclosed by an accurate survey, restrictions and covenants of record, if any for the Etherton Subdivision as recorded in Plat Book H, Page 4 in the Probate Office, Etowah County, no insurance is afforded to the quantity of land/acreage on the insured premises.

LAW OFFICE OF DAVID LEE JONES, LLC

ATTORNEY AND AUCTIONEER

P. O. BOX 940

GUNTERSVILLE, AL   35976

November 10, 17, and 24, 2023 

___________

STATE OF ALABAMA ETOWAH COUNTY NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that Mortgage executed by Ferris Hall and Philip Hall (“Grantors”) to Cadence Bank, N.A., dated February 22, 2019, which Mortgage was recorded August 1, 2019, in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3488163, and re-recorded on March 25, 2020, in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3500064, the undersigned Cadence Bank, which is successor in interest by merger to Cadence Bank, N.A., as the “Lender” under the Mortgage, and which is the owner of the Mortgage and the indebtedness secured thereby, will, under and by virtue of the power of sale contained in the Mortgage, sell the real estate and property described in said Mortgage at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse in Gadsden, Alabama, on the 5th day of December, 2023, during the legal hours of sale, 11:00 a.m. to 4:00 p.m., the real estate lying and being in Etowah County, Alabama, and being described as follows:

A lot or parcel described as beginning at the Northwest corner of that certain lot conveyed by Coosa Land Company to J. T. Brooks, et als, by deed dated 15th July, 1912, and recorded in Deed Record “ZZ”, page 315, in the office of the Judge of Probate of Etowah County, Alabama, said point being in the present South line of Walnut Street, and from thence running in an Easterly direction and along the present South line of Walnut Street a distance of 25 feet; thence in a Southerly direction and parallel with the West line of said lot conveyed by the Coosa Land Company to J. T. Brooks, et al, a distance of 155 feet, more or less, to the Northeast corner of that certain parcel of land acquired by Greater Gadsden Housing Authority by condemnation proceedings as recorded in Probate Record “A-52”, pages 189-194, in the Probate Office of Etowah County, thence in a Westerly direction and along the North lot line of said Greater Gadsden Housing Authority parcel a distance of 45 feet, more or less, to the Northwest corner of said Greater Gadsden Housing Authority parcel; thence in a Northerly direction and parallel with the West line of said lot conveyed by the Coosa Land Company to J. T. Brooks, et al, as above referred to a distance of 155 feet, more or less, to the present South line of Walnut Street a distance of 20 feet to the point of beginning, and making a lot fronting 45 feet on the South side of Walnut Street and extending back of even width in a Southerly direction a distance of 155 feet, and being a portion of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼), in Section Four (4), Township Twelve (12) South of Range Six (6) East of Huntsville Meridian, and being located in Gadsden, Etowah County, Alabama.

Said property or its address is commonly known as 736 Walnut Street, Gadsden, AL 35901.  The property tax identification number is 15-02-04-3-000-323-000.

Said sale will be made subject to all zoning, easements, restrictions, restrictive covenants and reservations appearing of record. Said sale will also be made subject to any Federal Tax Liens, Ad Valorem Real Estate Taxes and\or Special Assessments of any nature, if any, which might adversely affect the title to the property.

The proceeds of such sale will be applied as directed in and by said Mortgage, including, but not necessarily limited to, for the purpose of paying the indebtedness secured by said Mortgage, as well as the expenses of foreclosure, including a reasonable attorney’s fee.

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.

SAID PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS CONTAINED IN SAID 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.  SAID PROPERTY WILL BE SOLD WITHOUT WAR-RANTY OR RECOURSE, EXPRESSED OR IMPLIED, AS TO TITLE, USE AND/OR ENJOYMENT, AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Cadence Bank, as the mortgagee, reserves the right to bid for and purchase said real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

The successful bidder must tender at the time and place of the sale a deposit of Five Thousand Dollars ($5,000.00) by a cashier’s check or official bank check acceptable to Cadence Bank, and payable to the order of Cadence Bank.  The balance of the purchase price must be paid by cash-ier’s check payable to the order of Cadence Bank and delivered by no later than 5:00 p.m. on the second business day following said sale to the office of Quarles Law Firm, LLC, at the address indicated below.  The auctioneer reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.  If the sale is void-ed or not completed for any reason, Cadence Bank shall return any funds paid by the successful purchaser, and Cadence Bank shall not be liable to the purchaser for any damages, said purchaser being entitled only to a return of the deposit and bid amount, if paid.

The sale is subject to postponement or cancellation.  Contact Randall D. Quarles at the telephone number shown below prior to attendance at sale.

CADENCE BANK

By:  Randall D. Quarles

Attorney for Mortgagee Cadence Bank, successor in interest to Cadence Bank, N.A.

QUARLES LAW FIRM, LLC

300 Office Park Drive, Suite 100

Mountain Brook, AL 35223

(205) 874-7000 (Telephone)

(205) 874-7002 (Telecopier)

November 10, 17 and 24, 2023 

___________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by MORIAH CHEYENNE MENDOZA, UNMARRIED WOMAN, to CADENCE BANK on NOVEMBER 10, 2021, said mortgage being recorded in the Office of the Judge of Probate of ETOWAH County, Alabama, at INSTRUMENT NO. 3530743, the undersigned CADENCE BANK, as mortgagee (or transferee), under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, at the entrance of the Courthouse of ETOWAH County, Alabama, on DECEMBER 13, 2023, between the legal hours of sale, the following described real estate situated in ETOWAH County, Alabama, to wit:

LOT NUMBER TEN (10) IN WINDY HILLS SUBDIVISION, ACCORDING TO THE MAP RECORDED IN PLAT BOOK “H”, PAGE 135, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA; LYING AND BE-ING IN ETOWAH COUNTY, ALABAMA

Subject to all zoning, easements, restrictions, restrictive covenants and reservations appearing of record. Said sale will also be made subject to any Federal Tax Liens, Ad Valorem Real Estate Taxes and\or Special Assessments of any nature, if any, which might adversely affect the title to the property. The property is being sold “as is, where is”. Said property is sold without warranty or recourse, expressed or implied as to title, use, enjoyment or condition. The mortgagee or transferee reserves the right to bid for and purchase the real estate and credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

All bidders will be required to execute a bidding agreement prior to sale. Copies of the bidding agreement may be obtained prior to the sale. The successful bidder will be required to pay the bid amount at the time of sale in cash or certified funds.

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 paying the indebtedness secured by said mortgage, as well as the attorneys fees and expenses of foreclosure. This sale is subject to cancellation or post-ponement.

CADENCE BANK,

Mortgagee-Transferee

Leonard N. Math

Chambless Math ❖ Carr, P.C.

P.O. Box 230759

Montgomery, Alabama 36123-0759

334-272-2230

November 17, 24, and December 1, 2023

____________

NOTICE OFFORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by J.T. Johnson Jr. and wife, Delicia M. Johnson, husband & wife, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Best Rate Funding Corp., its successors and assigns, on December 20, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on January 5, 2007, as Document Number 3262552. Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2007-1 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-1, the current holder, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on December 15, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER 5, PLUS THE NORTH 58 FEET OF LOT NUMBER 6, IN BLOCK “A”, OF SLIGH SUBDIVISION, AS RECORDED IN PLAT BOOK “F”, PAGE 213, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

More commonly known as: 120 Charley Street, Gadsden, AL 35901

This Property will be sold on as “as is, where is” basis, without warranty or recourse, expressed or implied as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2007-1 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-1 (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 17, 24, and December 1, 2023

___________

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by the mortgage given by Ashleigh Aldridge and husband, Jeff Aldridge, as Mortgagor, to Joe E. Gamberi, Jr., and Frank Minogue, as Mortgagee, dated May 3, 2004, and recorded as Document M-2004-1867, Probate Office, 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 December 7, 2023, the following described property to-wit:

Lot Number Seven (7), of Parcel Number Seven (7), of Cone Mills Corporation, Dwight Division, according to the plat or map thereof as the same appears of record in Plat Book “F”, pages 51-65, Probate Office, Etowah County, Alabama.

Said property will be sold on an “as-is, where is” basis subject to any easements, encumbrances, and exceptions of record, and without warranty or recourse, expressed or implied as to title, use and/or enjoyment, and subject to the right of redemption of all parties entitled thereto.  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.  The successful bidder must tender a non-refundable deposit of $5,000.00 payable to the person conducting the foreclosure sale at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by noon the next business day after the sale at the office of the person conducting the sale.  If not so paid, Mortgagee reserves the right to award the sale to the next highest bidder. 

This the 14th day of November, 2023.

Joe E. Gamberi, Jr., and Frank Minogue, Mortgagee

/s/ James C. Inzer, III

Inzer, Haney, McWhorter, Haney & Skelton, LLC

Attorney for Mortgagee

November 17, 24, and December 1, 2023

____________

NOTICE OF MORTGAGE  FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mort-gage 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, AL-ABAMA.

The undersigned, PNC Bank, National Associationunder 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 22nd day of December, 2023 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 Eastern-most 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 em-bracing 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 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.

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

(205) 216-4238

FT21@mccalla.com

File No. 22-03755AL

www.foreclosurehotline.net

November 17, 24, and December 1, 2023

____________

FILE CLAIMS

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

Scott W. Hassell

Judge of Probate

November 3, 10, and 17, 2023

____________

FILE CLAIMS

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

Scott W. Hassell

Judge of Probate

November 3, 10, and 17, 2023

___________

FILE CLAIMS

Judy Mosley Anderson was/were appointed Personal Representative(s) on 09/21/2023 to the Estate of Reba Dale Mathis, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Sonya Hall Thompson was/were appointed Personal Representative(s) on 09/21/2023 over the Estate of Linda Weaver 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Sherry Bridges was/were appointed Personal Representative(s) on 08/25/2023 to the Estate of Robert W. Echols, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Roland Stucky was/were appointed Personal Representative(s) on 07/19/2023 over the Estate of Glenda Juanita Stucky, 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 10, 17, and 24, 2023

_________

FILE CLAIMS

Sherry Means Hicks was/were appointed Personal Representative(s) on 09/26/2023 to the Estate of Paul Bruce Hicks, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Tara M. Lindsey was/were appointed Personal Representative(s) on 10/26/2023 to the Estate of Brittney Sheena Donelle Jenkins, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

November 10, 17, and 24, 2023

___________

FILE CLAIMS

Grace Darlene Campmire Whitlock was/were appointed Personal Representative(s) on 10/18/2023 to the Estate of Julia H. Campmire, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Douglas Browning was/were appointed Personal Representative(s) on 10/16/2023 to the Estate of William Edgar Browning, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

H. Edgar Howard was/were appointed Personal Representative(s) on 10/16/2023 to the Estate of James Van Sweringen, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Nolisha Martine Dupree was/were appointed Personal Representative(s) on 09/12/2023 over the Estate of Jeanette Blake, 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 10, 17, and 24, 2023

___________

FILE CLAIMS

Lee Johnson was/were appointed Personal Representative(s) on 10/25/2023 to the Estate of Barbara Jane Johnson, 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 17, 24, and December 1, 2023

__________

FILE CLAIMS

Emily Hawk Mills was/were appointed Personal Representative(s) on 09/26/2023 over the Estate of Danny Juan Sumpter, 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 17, 24, and December 1, 2023

___________

FILE CLAIMS

Rebecca Carol Wilcutt was/were appointed Personal Representative(s) on 10/31/2023 to the Estate of Violet Eyvonne Rich Campbell, 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 17, 24, and December 1, 2023

__________

FILE CLAIMS

Roslyn Gilson Jones was/were appointed Personal Representative(s) on 10/30/2023 to the Estate of Jack R. Gilson, 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 17, 24, and December 1, 2023

___________

FILE CLAIMS

Alethia Ahmed-Parkin was/were appointed Personal Representative(s) on 11/01/2023 to the Estate of Cornelius McCrary, 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 17, 24, and December 1, 2023

___________

FILE CLAIMS

Brandon Chad Nelson was/were appointed Personal Representative(s) on 10/30/2023 to the Estate of Lana Lutes Nelson, 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 17, 24, and December 1, 2023

___________

FILE CLAIMS

Sandra T. Lasseter was/were appointed Personal Representative(s) on 11/01/2023 to the Estate of Robert T. Lasseter, 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 17, 24, and December 1, 2023

____________

NOTICE OF ESTATE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF: WILLIAM THOMAS MORROW, SR., DECEASED.

CASE NO.: S-12306

A Petition for Summary Distribution of the Estate of WILLIAM THOMAS MORROW, SR., Deceased, having been submitted to the Honorable Scott W. Hassell, Judge of Probate, by Petitioner, WILLIAM THOMAS MORROW, JR., on the 17th day of January 2023. Notice is hereby given that all persons contesting said Petition shall file a response thereto with the Judge of Probate, Etowah County, within thirty (30) days of this date of publication.

Done this 14th day of November 2023.

Scott W. Hassell

JUDGE OF PROBATE

November 17, 2023

___________

NOTICE OF FILING OF PETITION TOPROBATE WILL

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF Clifford L. Heard, deceased

CASE NO.: 2023 – 00161

IN RE: To: Kristopher Heard, daughter of Clifford L. Heard Address Unknown

On the 19th day of May 2023, a Petition to Probate Will was filed in the Probate Court of Etowah County, Alabama by Beannettta Smith, as Petitioner, and that the 18th day of Decem-ber  2023 at 10:00 o’clock a.m., has been appointed as the day for hearing said petition, at which time you may appear and contest the same, if you deem it proper to do so.

Given under my hand and seal of the Court this 14th day of November 2023.

Scott w. Hassell

Judge of Probate

November 17, 24, and December 1, 2023

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: KENNETH E. DEAN, ALLEGED INCAPACITATED,

Case #: 2023-413

TO: Freddie Dean and Any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and fur-ther, that the 12 day of DECEMBER 2023 at 1:00 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 Peti-tion, if you so choose.

DONE THIS THE 9TH DAY OF NOVEMBER 2023.

Scott Hassell

PROBATE JUDGE

November 17, 24, and December 1, 2023

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JANIE MINTON,

ALLEGED INCAPACITATED,

Case #: 2023-287

TO: William Dennis Burchette and Any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 18 day of DECEMBER 2023 at 2:30 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 15TH DAY OF NOVEMBER 2023.

Scott Hassell

PROBATE JUDGE

November 17, 24, and December 1, 2023

___________

ORDER FOR PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

STANSELL BRIAN,

Plaintiff,

V.

ADAMS CARL LEWIS,

ADAMS GAIL ELIZABETH,

Case No.: CV-2023-900250.00

ALABAMA MEDICAID AGENCY, Defendants.

The Defendants, Carl Lewis Adams and Gail Elizabeth Adams, whose whereabouts are unknown, and any other persons claiming any present, future, contingent, remainder, reversion, or other interest in the lands described below, must answer Plaintiff’s Complaint filed in the above referenced court and case number within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the above-styled case.

The subject property is described as follows:

Lot 29 in Block

Block 38, in Garden City Residential Subdivision No. 2, as recorded in Plat Book “C”, Pages 410-411, in the Probate Office of Etowah County, Alabama

DONE this 14th day of September 2023.

/s/ CODY D. ROBINSON

CIRCUIT JUDGE

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200 phone

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

_____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JANICE KELLY, INCAPACITATED,

Case #: I-378

TO: Any interested party

Please take notice that a PETITION TO APPROVE THE SALE OF REAL PROPERTY belonging to the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 13 day of DECEMBER 2023 at 1:30 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 6th DAY OF NOVEMBER 2023

Scott Hassell

PROBATE JUDGE

November 10, 17, and 24, 2023

___________

LEGAL NOTICE

CIRCUIT COURT OF ETOWAH COUNTY

STATE OF ALABAMA

CIVIL ACTION NO.: CV-2023-900467

BETTY JO OSBORN V. ALEX WOOD, OPAL B. VANN, AND A PARCEL OF REAL ESTATE SITUATED IN ETOWAH COUNTY, ALABAMA

NOTICE OF IN REM ACTION PURSUANT TO ALABAMA CODE § 6-6-564 AND OTHER CONTROLLING LAW

To: Alex Wood, Opal B. Vann (individually, and in her capacity as personal representative of the Estate of Garner H. Vann, deceased), and all individuals and entities that may claim an ownership interest in the real estate described below:

Take notice that an in rem action has been filed in the Circuit Court of Etowah County, Alabama, in civil action no.: CV-2023-900467, styled as Betty Jo Osborn, individually, and in her capacity as personal representative of the Estate of Joel V. Osborn, deceased, and in her capacities as trustee and beneficiary of the Joel V. Osborn Revocable Trust v. Alex Wood; Opal B. Vann, individually and in her capacity as personal representative of the Estate of Garner H. Vann; a parcel of real estate in Etowah County, Alabama, described as: “LOT NO. 8 IN BLOCK NO.  3 OF THE  ORIGINAL  SURVEY  OF THE  CITY  OF  ATTALLA, ALABAMA, AND A PART OF LOT NO. 7 IN BLOCK NO. 3 DESCRIBED AS FOLLOWS: BEGIN AT THE S.E. CORNER OF LOT NO. 7 AND FROM THENCE GO IN A WESTERLY DIRECTION AND ALONG THE NORTH RIGHT-OF-WAY LINE OF FIFTH AVENUE, A DISTANCE OF 3.5 FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION WITH A DEFLECTION ANGLE OF 87 DEGREES 56’ TO THE RIGHT A DISTANCE OF 109 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION AND PARALLEL TO THE NORTH LINE OF FIFTH AVENUE A DISTANCE OF 7.65 FEET TO A POINT IN THE EAST LINE OF SAID LOT NO. 7; THENCE IN A SOUTHERLY DIRECTION AND ALONG THE EAST LINE OF LOT NO. 7 A DISTANCE OF 108.8 FEET TO THE S.E. CORNER THEREOF AND THE POINT OF BEGINNING, SAID PROPERTY LYING AND  BEING IN ETOWAH COUNTY, ALABAMA; “ and fictitious defendants A-C, being those individuals and/or entities that claim any ownership or interest in the subject real estate, whose identities are currently unknown. Alex Wood, Opal B. Vann, and any entity or individual that claims any ownership or interest in said parcel of real estate must file an answer to said action on or before thirty (30) days from the date of the last publication of this notice, or judgment may be entered affecting your ownership and/or interest in said parcel of real estate. Your answer must be filed with the undersigned Circuit Court Clerk and copied to Bradley W. Cornett, attorney for plaintiff, 140 South 9th Street, Gadsden, Alabama 35901. 

Done this the 9th day of November 2023.

Cassandra Johnson

Circuit Court Clerk of Etowah County, Alabama

801 Forrest Avenue, Suite 202

Gadsden, Alabama 35901

November 17, 24, December 1 and 8, 2023

___________

PUBLICATION NOTICE

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

CASE NO. 2023-002766

NOTICE TO: UNKNOWN FATHER

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

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

Attorney for the Petitioners:

Joshua B. Sullivan

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

This the 23rd day of October 2023

Scott W. Hassell

Judge of Probate

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

_____________

NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR

LETTERS OF CONSERVATORSHIP

Notice to: Melissa Kirchner, whose last known address was 58 North Walbridge Avenue Madison, Wisconsin 53714

Damian DomPablo, whose last known address was 629 Village Drive, St. Paul, Minnesota 55112

Mariano DomPablo, whose last know address was 2150 West 18th Place, Chicago, Illinois 60608

You will take notice that a Petition for Letters of Guardianship for the person of Jacqueline Ochoa and a Petition for Letters of Conservatorship over the estate of Jacqueline Ochoa was filed by Riverview Regional Medical Center on the 31st day of October, 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 11th day of December, 2023, at 2:30 o’clock p.m., in the Probate Court

of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

November 10, 17, and 24, 2023

_____________

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

CONSERVATORSHIP

Notice to: Any unknown family members, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Danny M. Johnson and a Petition for Letters of Conservatorship over the estate of Danny M. Johnson was

filed by Riverview Regional Medical Center on the day of NOVEMBER 6TH 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 13TH day of DECEMBER 2023, at 2:00 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

November 10, 17, and 24, 2023

______________

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

CONSERVATORSHIP

Notice to: Lillious Vaughn, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Frances McGlaughn and a Petition for Letters of Conservatorship over the estate of Frances McGlaughn

was filed by Riverview Regional Medical Center on the 6th day of NOVEMBER 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 13 day of DECEMBER 2023, at 2:30 o’clock. p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

November 10, 17, and 24, 2023

_____________

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

CONSERVATORSHIP

Notice to: Brian Sims, whose last known address is 210 Oak Street, Leesburg, Alabama 3583

Tiffany Bevels, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Contina Sims and a Petition for Letters of Conservatorship over the estate of Contina Sims was filed by Gadsden Regional Medical Center on the 9th day of November, 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 18 day of DECEMBER 2023 at 2:00 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

November 17, 24, and December 1, 2023

____________

NOTICE OF DIVORCE ACTION

BRITTANY GARCIA, whose whereabouts is unknown, must answer the complaint of Joaquia Garcia-Bautista, by answering a divorce and other relief, 30 days from the date of the last publication or thereafter a judgement of default may be rendered against her in Civil Action No.: DR-23-900298, Circuit Court of Etowah County, Alabama.

Dated November 13, 2023.

Cassandra Johnson

Circuit Clerk

John D. Floyd, Attorney for Plaintiff

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

November 17, 24, December 1 and 8, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF H. M. A Child

TO: Tony Morgan

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

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

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

CASSANDRA JOHNSON

Circuit Clerk

Etowah County Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings

Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre, Alabama 35960

November 3, 10, 17, and 24, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF C. M. A Child

TO: Tony Morgan

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

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

CASSANDRA JOHNSON

Circuit Clerk

Etowah County, Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings.

Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre, Alabama 35960

November 3, 10, 17, and 24, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF J. M. A Child

TO: Tony Morgan

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

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

CASSANDRA JOHNSON

Circuit Clerk

Etowah County, Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings

Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre. Alabama 35960

November 3, 10, 17, and 24, 2023

____________

NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

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

A.R.W., a minor child

CASE NO.: JU-2021-095.02

NOTICE TO: Toni Boatwright Johnson, the mother

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

Dated this 2nd day of November 2023.

Cassandra Johnson

DISTRICT/JUVENILE COURT CLERK

Laura T. Lloyd

Attorney for Etowah County DHR

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

Centre, AL 35960

November 3, 10, 17, and 24, 2023

_______________

NOTICE OF COMPLAINT FOR BILL TO OUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

TERESA HILL, Plaintiff

CASE NO.: CV–2023-900

V

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

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

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

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

PPIN: 064056

PROPERTY ADDRESS: 1877 Oak Drive, Boaz, Alabama 35956

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

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

Defendants.

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

Done the 27th day of October 2023.

/S/CASSANDRA JOHNSON

CLERK OF THE CIRCUIT COURT OF ETOWAH COUNTY, AL.

Richard A. Rhea

THE RHEA FIRM

930 Forrest Avenue

Gadsden, AL. 35901

Phone: 256-547-6801

Fax: 256-549-0271

November 3, 10, 17, and 24, 2023

____________

NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

ABDULLAH KHAN, Plaintiff,

v.

CV-2022-900266.00

THOMAS ADERHOLT; ALICIA,

WALKER; MICHAEL NIX

or fictitious defendants, A-Z,

including the Current Resident(s)

and any other Persons claiming any

future, contingent, revisionary

remainder, or other interest

in the below-described property or who

may claim an interest in such, and

A Parcel of land described as: 301 TAYLOR RD. GLENCOE, AL 35905 BEG NE COR LT 34 TH W 150’ (S) TH S 100’(S) TH E 125’ (S) TO W SIDE TAYLOR RD TH N ON W SIDE SAID RD 100’(S) TO POB PT LTS 34 & 35 BLK C SIMS ADD C-227 GLENCOE BLK C IN SEC 29 TWP 12S R7E.

TAX PARCEL ID NO. 14-09-29-0-001-056.000

The Defendant(s) THOMAS ADERHOLT; ALICIA WALKER; MICHAEL NIX and/or his/her/their heirs or next of kin, and any other individuals who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer the Complaint/Bill to Quiet Title filed by ABDULLAH KHAN within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done this, the 6th day of November 2023.

CASSANDRA JOHNSON,

Clerk of the Etowah County Circuit Court

Attorney Megan Huizinga

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

______________

LEGAL PUBLICATIONNOTICE

NOTICE IS HEREBY GIVEN that the City of Rainbow City, Alabama’s Appropriate Municipal Official, pursuant to Ordinance No. 565, has made a finding that a building located on the following described property is a dangerous building because it is unsafe to the extent that it is a public nuisance and is subject to demolition:

STREET ADDRESS:

215 Palace Avenue, Rainbow City, AL 35906

LEGAL DESCRIPTION:

Lots Thirteen (13) and Fourteen (14) in Block Three (3) of Rainbow Park Allotment, as shown by plat of said allotment recorded in the Office of the Probate Judge of Etowah County, Alabama, in Plat Book “C” pages 18 and 19, said property lying and being in Etowah County, Alabama

PARCEL IDENTIFICATION NUMBER:

15-09-29-1-000-135.002

INTERESTED PARTIES:

Deborah Bates

Any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the real estate described herein.

All persons interested in said property are hereby notified that if the unsafe or dangerous con-dition is not remedied by demolition of said building on said property within 45 days of November 7, 2023, the demolition will be accomplished by the City and the cost thereof assessed against said property. In the meantime, it is ordered that said building and said property be and remain vacated.

A public hearing as provided for by Section 8(a) set forth in Ordinance No. 565 will be held on this matter in the Council Chambers at the Rainbow City Hall, 3700 Rainbow Drive, Rainbow City, Alabama, on January 22, 2024, at 5:00 p.m. Anyone interested in the status of these proceedings should inquire with the Rainbow City Clerk at (256) 413-1217 or at 3700 Rainbow Drive, Rainbow City, Alabama.

November 10, 17, 24, and December 1, 2023

____________

NOTICE OF FINAL HEARING BY PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

GADSDEN LAND BANK AUTHORITY, a Public Corporation, Plaintiff,

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

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

Defendants.  

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

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

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

Property Address:  1300 Ellis Avenue, Gadsden, Alabama 35904

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

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

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

Dated this the 20th day of October, 2023.

Cassandra “Sam” Johnson, Circuit Clerk

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

P.O. Box129, Gadsden, AL 35901

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

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

____________

NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

MARIA L. ROGERS, Plaintiff,

V.

CV-2023-900362

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

Lot 87 in Parcel 5 in Cone Mills Corporation, Dwight Division, Alabama City, according to the map or plat thereof as recorded in Plat Book “F”, Page 59, in the Probate Office of Etowah County, Alabama and CARL LASHANE SMITH and SARINA SMITH, Defendants.

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

Done the 23 day of October, 2023

CASSANDRA JOHNSON,

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200 phone

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

_____________

NOTICE TO KRISTEN MARIE DEES OF COMPLAINT FOR DIVORCE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

DR-2023-900235

Adham Elashry, Plaintiff

V.

Kristen Marie Dees,

Defendant

Kristen Marie Dees, who is named as the Defendant in the above-styled case and whose whereabouts are unknown, must answer the Plaintiff’s Complaint for Divorce

that has been filed in this case. You must answer the Complaint within thirty (30) days

of the completion of the publication or thereafter a default judgment for divorce and

other relief may be rendered against you.

Done the 5th day of October 2023.

Cassandra Johnson,

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL 35901

(256) 547-7200 phone

(256) 467-6322 fax

November 10, 17, 24, and December 1, 2023

___________

PUBLIC NOTICE

Be it known that James Parker, Kershaw Bluffs, LLC and Medlin Gordan, LLC being the owners  of property abutting a portion of Kershaw Quarters Road lying in Section 5, T-11-S, R-8-E and  shown on the Etowah County tax map as being 60’ in width, hereby request the Etowah County  Commission to vacate said portion of Kershaw Quarters Drive Road being further described as  follows: 

All of the prescriptive right-of-way of a portion of Kershaw Quarters Road lying left and right of  a centerline lying within Section 5, T-11-South, R-8-East and being further described as follows:  The Point of Commencement being the intersection of Kershaw Quarters Road centerline with  the East line of Section 5, Township 11-South, Range 8-East. From said Point of Commencement  run along a curve to the right having a Delta of 10° 32’ 47”, Radius: 550.68’, Tangent: 50.83’,  Chord Bearing: S 84° 20’ 30” W, Chord Length: 101.22’, a distance of 101.36’; thence run S 89°  36’ 54” W a distance of 114.65’ to a point in line with the existing tree line lying north of  Kershaw Quarters Road, said point being the Point of Beginning. From said Point of Beginning  run S 89° 36’ 54” W a distance of 546.95’; thence run S 88° 47’ 22” W a distance of 757.46’ to a  ford crossing at the intersection with the main channel of Ballplay Creek located in the East ½ of  Section 5, T-11-S, R-8-E and the end of said description. 

This matter will be considered at the 12-5-2023 Etowah County Commission meeting at 9:00 am  at the Etowah County Commission Office, 800 Forrest Avenue, Gadsden, Alabama 35901.

November 10, 17, 24, and December 1, 2023

_____________

PUBLIC MEETING NOTICE

The Fords Valley & Highway 278 Water Cooperative will a hold a public meeting on Tuesday, December 12, 2023, at 5:30 p.m. at the office of the Water Cooperative located at 9529 U.S. Highway 278 E, Piedmont, Alabama 36272 to discuss the Environmental Information Document (EID) and related items required as part of the submission of an application for funding through the Drinking Water State Revolving Water Fund – Alabama Rescue Plan Act (DWSRF/ARPA) as administered by the Alabama Department of Environmental Management (ADEM). This appli-cation will address the construction of a deep water well new and water distribution system mains improvements.  A copy of the EID will be available for review at the office of the Fords Valley & Highway 278 Water Cooperative.

Any person with a disability or communication impairment should contact the Water Coopera-tive at (256) 492-3080 if special accommodation is needed. The Water Cooperative will at-tempt to satisfy all reasonable requests.

November 10, 17, 24, and December 1, 2023

___________

LEGAL NOTICE

Form of Advertisement of Completion

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Greer Building Contractors, LLC has completed the Contract for Construction of Renovations to the Venue Building for the Industrial Development Authority Offices for the City of Gadsden, Alabama Gadsden Bid Request No. 3473 at 201 George Wallace Drive, Gadsden, AL. 35903 for the City of Gadsden, Alabama, 90 Broad Street, Gadsden, Alabama, Owner, and have made request for final settlement of said Contract.  All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify:  Thomas M. McElrath, Architect, 717 Merit Springs Road, Gadsden, Alabama, 35901

Greer Building Contractors, LLC

110 Thomas Dr.

Gadsden, AL. 35904

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

___________

ORDINANCE NO. O-68-23

Authorizing the Issuance of Revenue Bonds (ADRS Project),

Series 2023A, Sale and Lease of Real Property

WHEREAS, The Public Building Authority of the City of Gadsden, a public corporation organized under the laws of the State of Alabama (the “Issuer”), has determined that it is desirable to issue its Revenue Bonds (ADRS Project), Series 2023A (the “Series 2023A Bonds”) for the purpose of (i) financing various capital improvements of the Issuer (the “Bond-Financed Facilities”), (ii) funding a portion of the repair and replacement costs related to such capital improvements and (iii) paying the costs of issuing the Series 2023A Bonds;

WHEREAS, the Series 2023A Bonds will be issued pursuant to a trust indenture (the “Indenture”) between the Issuer and The Bank of New York Mellon Trust Company, National Associa-tion (the “Trustee”);

WHEREAS, pursuant to a lease agreement (the “Lease Agreement”) between the Issuer and the City of Gadsden, a municipal corporation organized under the laws of the State of Alabama (the “City”), the Bond-Financed Facilities will be leased by the Issuer to the City, and, pursuant to a sublease agreement (the “Sublease Agreement”) between the City and the State of Ala-bama Department of Rehabilitation Services, an agency of the State of Alabama (“ADRS”), the Bond-Financed Facilities will be subleased by the City to ADRS, and ADRS will agree to pay rentals at times and in amounts sufficient to pay the principal of, premium (if any) and interest on the Series 2023A Bonds when due;

WHEREAS, prior to execution and delivery of the Lease Agreement and the Sublease Agreement, the City will execute and deliver to the Issuer a statutory warranty deed (the “PBA Deed”), pursuant to which the City will convey to the Issuer the land on which the Bond-Financed Facilities will be situated, which land is more particularly described in Exhibit A here-to;

WHEREAS, the Series 2023A Bonds shall be special, limited obligations of the Issuer, payable solely from, and secured by a pledge of, the revenues and receipts derived by the Issuer from, the leasing of the Bond-Financed Facilities;

WHEREAS, pursuant to an agreement (the “CPM Agreement”) between the Issuer and Capital Program Management, LLC (“CPM”), CPM shall be designated and employed as program and construction manager in connection with the Bond-Financed Facilities;

WHEREAS, the Series 2023A Bonds will be sold on the terms and conditions contained in a bond purchase agreement (the “Bond Purchase Agreement”) between the Issuer and Stifel, Nicolaus & Company, Incorporated (the “Underwriter”);

WHEREAS, a preliminary official statement (the “Preliminary Official Statement”) describing the terms and conditions of the Series 2023A Bonds and the related financing documents has been prepared for distribution to the purchasers of the Series 2023A Bonds, and the Prelimi-nary Official Statement will be deemed by the Issuer to be final as of its date, except for in-formation relating to pricing of the Series 2023A Bonds;

WHEREAS, in order to provide for compliance with the continuing disclosure requirements of Rule 15c2-12 of the United States Securities and Exchange Commission in connection with is-suance of the Series 2023A Bonds, ADRS will enter into a continuing disclosure agreement (the “Continuing Disclosure Agreement”);

WHEREAS, in order to enhance flexibility in the timing of the sale of the Series 2023A Bonds, it is desirable for the City Council of the City to establish certain parameters that will govern the sale of the Series 2023A Bonds and to delegate to the Mayor of the City the power to approve the final terms of  sale, and, accordingly, it is in the best interests of the City for the Mayor of the City to be authorized  and directed to approve the final pricing terms of the Series 2023A Bonds, subject to the parameters established herein; and

WHEREAS, copies of the proposed Indenture, Lease Agreement, Sublease Agreement, PBA Deed, CPM Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Pre-liminary Official Statement (herein collectively referred to as the “Financing Documents”) have been made available to, considered and approved by the City Council of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY, as follows:

1. The City Council of the City does hereby approve, authorize, ratify and confirm (a) the issuance of the Series 2023A Bonds, (b) the execution and delivery of the Financing Documents by the parties to such instruments, and (c) the consummation of all other transactions de-scribed in the recitals to this ordinance and contemplated by the Financing Documents (the “Plan of Financing”).

2. The Mayor of the City is hereby authorized and directed to execute and deliver the Fi-nancing Documents to which the City will be a party in substantially the form made available to the City Council at this meeting with such changes or additions thereto or deletions therefrom as the officer executing the same shall approve, which approval shall be conclusively evidenced by his execution of such instruments.  The City Clerk of the City is hereby authorized and directed to affix the corporate seal of the City to such instruments and to attest the same.  Not-withstanding the foregoing provisions of this paragraph, the Mayor shall not execute and deliv-er the Financing Documents to which the City will be a party unless (a) the principal amount of the Series 2023A Bonds does not exceed $10 million; (b) the final maturity date for the Series 2023A Bonds is not later than December 1, 2053; (c) the interest rate for any maturity of the Series 2023A Bonds does not exceed 6%; (d) the weighted average maturity of the Series 2023A Bonds does not exceed twenty-one (21) years; (e) the period of time between the date of the Series 2023A Bonds and the first date on which the Series 2023A Bonds are subject to optional redemption is no longer than ten (10) years, and the premium payable on the Series 2023A Bonds in connection with any such optional redemption does not exceed 3%; (f) the all-in total interest cost for the Series 2023A Bonds (that is, taking into account accrued interest, any original issue discount or original issue premium, the underwriter’s discount, any premi-ums or fees for credit enhancement paid from proceeds of the Series 2023A Bonds, and any other costs of issuance paid from proceeds of the Series 2023A Bonds) is not greater than 6.25%; (g) the purchase price of the Series 2023A Bonds is not less than 95% or more than 105% of the par amount thereof; and (h) the underwriter’s discount reflected in the Bond Pur-chase Agreement does not exceed $10 per thousand dollars of the principal amount of the Se-ries 2023A Bonds.  The Mayor’s execution and delivery of the Financing Documents to which the City will be a party shall constitute his approval of the final pricing terms of the Series 2023A Bonds.

3. The City Council of the City does hereby approve the Preliminary Official Statement in substantially the form made available to the City Council at this meeting, and the City Council of the City does hereby approve, authorize, ratify and confirm the distribution, on or after the date hereof, by the Underwriter of the Preliminary Official Statement to prospective purchas-ers of the Series 2023A Bonds.  After sale of the Series 2023A Bonds in accordance with the parameters set forth herein, the Mayor is hereby authorized and directed to complete the Pre-liminary Official Statement (such Preliminary Official Statement as completed being herein referred to as the “Official Statement”) with (a) information relating to the terms of sale of and interest rates on the Series 2023A Bonds, (b) such information regarding reoffering prices or yields on the Series 2023A Bonds as shall be provided by the purchaser of the Series 2023A Bonds and (c) such changes or additions thereto or deletions therefrom as the executing offic-ers shall approve and shall be acceptable to the purchaser of the Series 2023A Bonds.  The Mayor of the City is hereby authorized and directed to date the Official Statement as of an ap-propriate date and to deliver the Official Statement in the name and on behalf of the City in substantially the form made available at this meeting, with such changes or additions thereto or deletions therefrom as deemed appropriate. 

4. The Series 2023A Bonds shall be sold to the Underwriter on the terms and conditions contained in the Bond Purchase Agreement.

5. The officers of the City and any person or persons designated and authorized by any of-ficer of the City to act in the name and on behalf of the City, or any one or more of them, are authorized to do and perform or cause to be done and performed in the name and on behalf of the City such other acts, to pay or cause to be paid on behalf of the City such related costs and expenses, and to execute and deliver or cause to be executed and delivered in the name and on behalf of the City such other notices, requests, demands, directions, consents, approvals, or-ders, applications, certificates, agreements, amendments, further assurances, or other instru-ments or communications, under the corporate seal of the City, or otherwise, as they or any of them may deem necessary, advisable, or appropriate in order to (a) complete the Plan of Financing, (b) carry into effect the intent of the provisions of this ordinance and the Financing Documents, and (c) demonstrate the validity of the Series 2023A Bonds, the absence of any pending or threatened litigation with respect to the Series 2023A Bonds, the Financing Docu-ments and the Plan of Financing, and the exemption of interest on the Series 2023A Bonds from federal and State of Alabama income taxation.

6. Each act of any officer or officers of the City or any person or persons designated and authorized to act by any officer of the City, which act would have been authorized by the fore-going provisions of this ordinance except that such action was taken prior to the adoption of this ordinance, is hereby ratified, confirmed, approved and adopted. Adopted this ordinance at an open public meeting held on October 17, 2023.

Iva Nelson, City Clerk

November 17, 2023

__________

INVITATION TO BID

Project:           Headworks – Gadsden West WWTP

EDA Project No. 04-79-07612

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

Engineer: CDG, Inc.

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

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

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

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

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

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

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

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

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

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

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

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

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

The Water Works and Sewer Board of the City of Gadsden

CDG, Inc.

See Section 00700 – General Conditions for full details.

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

The Water Works and Sewer Board of the City of Gadsden

per: Chad Hare, General Manager

November 3, 10, and 17, 2023

_____________

NOTICE TO CONTRACTORS

Sealed construction proposals will be received by the City Clerk, City of Gadsden, Alabama, at the City Hall, 90 Broad Street, Room 411, Gadsden, Alabama until 2:00 P.M., Tuesday, December 12, 2023, for furnishing all labor, materials, equipment, and service required to complete the 2023-2024 City of Gadsden Landscape Maintenance ReBid, Bid Request No. 3533, located in the City of Gadsden, Alabama. 

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

Bids will be publicly opened and read at the above time and place. Specifications, and Contract Documents are open to the public for inspection at the City Hall. Electronic (pdf) Specifications, and Contract Documents may be obtained from the City of Gadsden Engineering Department, Room 301, City Hall, 90 Broad Street, Gadsden, Alabama (phone: (256)-549-4520), immediately for free. All bidders must be registered with the City of Gadsden Engineering Department in order to submit a bid. Bids received from unregistered bidders will be rejected.

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

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

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

The Owner reserves the right to reject any or all bids and to waive any informalities and to award the contract to the lowest, responsible, responsive bidder. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type work on which the proposal is submitted.

Any bidder, whether a resident or non-resident of the State of Alabama, must comply with all applicable provisions of Section 34-8-1, et. seq., Code of Alabama, 1975, including requirements for licensing as a general contractor and the necessity to show evidence of license, with a specialty in landscaping, before the bid will be considered by the awarding authority.  A current license number must be included on the bid. Contractor must also have on staff an employee(s) with an undergraduate degree in Landscape Horticulture and Agronomy. Proof shall be submitted prior to award. 

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

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

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

THE CITY GADSDEN, ALABAMA

CRAIG FORD, Mayor

Iva Nelson, City Clerk

November 17, 2023

__________

NOTICE OF SALE

Notice is hereby given that the content of the following storage buildings will be SOLD by Off Campus Storage on November 17, 2023 at 10:00 AM at 474 George Wallace Drive, Gadsden, AL. 35903

Molli Holder # 129

Off Campus Storage

474 George Wallace Drive

Gadsden, AL. 35903

November 10 and 17, 2023

__________

NOTICE OF SALE

Notice is hereby given that the Contents of the following storage buildings will be SOLD by Off Campus Storage on November 24,2023 at 10:00 A.M. at 474 George Wallace Drive, Gadsden, AL. 35903.

J.T. Harrell Unit 56

V. Hann Unit 167 & 168

Jacqueline Huff  Unit 139

James Williams  Unit 100

Karen Sisk Unit 41

Off Campus Storage

474 George Wallace Drive

Gadsden, AL. 35903

November 17 and 24, 2023

___________

NOTICE OF VEHICLE POSSESSION

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

2016 Cadillac ATS Black VIN:1G6AA5R X3G0105241

Tommy Tows

3403 Forrest Ave

Gadsden, AL 35904

(256) 490-3715

November 3, 10 and, 17,  2023

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/05/2024.

2017 Harley-Davidson FXDB  VIN: 1HD1GXM17HC319609

Thacker Towing

927 5th Ave NE

Attalla, AL 35954

(256) 546-9994

November 10 and 17, 2023

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/09/2023 at 9am.

2011 Kia Soul VIN:  KNDJT2A29B7724092

Matt’s Towing

2000 Hickory Street

Gadsden, AL. 35904

November 10 and 17, 2023

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/13/2023 at 8am. 

2017 Blue Kia Optima VIN:  5XXGT4L35HG127601

Tommy Tows

3403 Forrest Ave

Gadsden, AL 35904

(256) 490-3715

November 10 and 17, 2023

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 11/25/2023 at 9am. 

All vehicles with unknown information came from Gadsden Police Department, who had MDSR Towing to remove the vehicles.

Chevrolet 1500 Silverado VIN:  2GCEC19KON1243620

Mercury Cougar VIN:  9F91H54342

Purple Harley Davidson-unknown vin

Red lawn mower trailer- unknown vin

White Work Van VIN: CGM34A4135448

2011 Hyundai Sonata VIN:  5NPEB4AC2BH131114

MDSR Towing

2820 Fields Avenue

Gadsden, AL. 35903

256-390-9152

November 17 and 24, 2023

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/20/2023 at 9am.

2008 Ford Escape VIN:  1FMCU041X8KE51632

Matt’s Towing

2000 Hickory Street

Gadsden, AL. 35904

November 17 and 24, 2023

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