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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 Perry Andrew Wain And Wife Britney Wain to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Village Capital & Investment, LLC, its successors and assigns dated December 22, 2015; said mortgage being recorded on January 13, 2016, as Instrument No. 3428618 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Village Capital & Investment, LLC to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, Village Capital & Investment, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 13th day of January, 2020 the following property, situated in Etowah County, Alabama, to-wit:
The land described herein is situated in the State of Alabama, County of Etowah, described as follows:
Parcel 1
For a point of beginning: Commence at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 33, Township 10 South, Range 5 East; thence run Southerly along the East Boundary line a distance of 660.18 feet to an engineering nail found in the centerline of Thornhill Road; thence deflect right 92 degrees 28 minutes 10 seconds and run Northwesterly along a fence line a distance of 303.88 feet to an iron pin found; thence deflect right 81 degrees 10 minutes 35 seconds and run Northwesterly, passing through an iron pin found at 7.50 feet, a distance of 213.43 feet to an iron pin found and the Point of Beginning; thence continue Northwesterly along previous course a distance of 184.28 feet to an iron pin set; thence deflect left 82 degrees 04 minutes 00 seconds and run Northwesterly a distance of 295.50 feet to an iron pin set; thence deflect left 93 degrees 31 minutes 31 seconds and run Southeasterly along a fence line a distance of 175.68 feet to an iron pin found; thence deflect left 85 degrees 08 minutes 59 seconds and run Southeasterly a distance of 310.21 feet to the point of beginning, said tract embracing a portion of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 33, Township 10 South, Range 5 East, of the Huntsville Meridian, Etowah County, Alabama.
Parcel 2
Also: A 15’ wide ingress and egress easement being more particularly described by the centerline as follows: Commencing at the Northeast corner of the lands described in Document #2008, page 3302270, Probate Office, Etowah County, Alabama; thence S89’ 09’ 42” E, along the extension of the North line of said Document, a distance of 7.57 feet to the point of beginning of said centerline; thence along said centerline with the following: S07’ 05’ 42” E, a distance of 183.28 feet; thence S08’ 59’ 12” E, a distance of 206.71 feet to the center of an existing 15’ wide ingress and egress easement; thence N89’ 50’ 13” E, along the center of said easement, a distance of 326.27 feet to the centerline of Thornhill Road (60’ right-of-way) and point of ending. Said easement being 7.5 feet on each side of the above described centerline A being a portion of the NE 1/4 of the NE 1/4 in Section 33, Township 10 South, Range 5 East, Etowah County, Alabama.
APN: 04-08-33-0-000-001.006
Said property is commonly known as 1211 Thornhill Rd, Boaz, AL 35956.
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.
VILLAGE CAPITAL & INVESTMENT, LLC
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 9222219
www.foreclosurehotline.net
December 20, 27, 2019 and January 3, 2020
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NOTICE OF MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Jeremy B. Childress, an unmarried man, to Mortgage Electronic Registration Systems, Inc. (“MERS”) (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 25th day of April, 2013, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3384867; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated November 5, 2019 and recorded in said Probate Office as Instrument Number 3493293. The undersigned Alabama Housing Finance Authority, as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on February 6, 2020, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
Lot 3, Peteet Estates, Phase I, as recorded in Plat Book “L”, Page 53, Probate Office, Etowah County, Alabama.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
SASSER, SEFTON & BROWN, P.C.
Bowdy J. Brown, Esq.
445 Dexter Avenue, Suite 8050
Montgomery, Alabama 36104
Our File No.: 49696-3008
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
December 27, 2019, January 3, 10, 2020
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FILE CLAIMS
Cedric Foster Williams was appointed Personal Representative on 11/26 /2019 Estate of Willis Williams 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
December 20, 27, 2019 and January 3, 2020
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FILE CLAIMS
Frederick Helm was appointed Personal Representative on 11/22/2019 Estate of Donna Lynn Helm 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
December 20, 27, 2019 and January 3, 2020
________________
FILE CLAIMS
Laura Sue Smothers Bessent was appointed Personal Representative on 12/05/2019 Estate of Delmer Wilkey 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
December 20, 27, 2019 and January 3, 2020
________________
FILE CLAIMS
Dorothy Collins, was appointed Personal Representative on 11/20/2019 Estate of Debra Stephenson Griffith 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
December 20, 27, 2019 and January 3, 2020
________________
FILE CLAIMS
Theresa Brown, was appointed Personal Representative on 12/16/2019 Estate of Dan Wells 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
December 27, 2019, January 3, and 10, 2020
________________
FILE CLAIMS
Belinda F. Young, was appointed Personal Representative on 12/02/2019 Estate Robert A. Freeman 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
December 27, 2019, January 3, and 10, 2020
________________
FILE CLAIMS
Eric Murphy, was appointed Personal Representative on 12/04/2019 Estate Harley Gene Mayo 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
December 27, 2019, January 3, and 10, 2020
________________
FILE CLAIMS
Robert William Horan, was appointed Personal Representative on 12/12/2019 Estate of Nancy Lou Horan 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
December 27, 2019, January 3, and 10, 2020
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FILE CLAIMS
Joan Elaine Stanley Martin, was appointed Personal Representative on 12/04/2019 Estate June Elizabeth Stanley 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
January 3, 10 and 17, 2020
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FILE CLAIMS
Michael Don Brittain and James Larry Brittain, was appointed Personal Representative on 12/04/2019 Estate Marie E. Brittain 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
January 3, 10 and 17, 2020
________________
FILE CLAIMS
Debra Ferguson, was appointed Personal Representative on 12/06/2019 Estate Renelda S. Loring 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
January 3, 10 and 17, 2020
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NOTICE OF CREDITORS
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
In Re: The estate of Jane Trotter, Deceased
Case No: S-10760
Notice of Creditors
Take Notice that Letters of Administration having been granted to Lee S. Trotter, as Personal Representative of the Estate of Jane Trotter, deceased, on the 25th day of November 2019, by the Judge of Probate of Etowah County, Alabama.
Notice is Hereby Given that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
Jason Knowles
Knowles & Sullivan, LLC
Attorney’s for Petitioner
400 Broad Street
Gadsden, AL. 35901
256-547-7200
December 20, 27, 2019 and January 3, 2020
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LEGAL NOTICE
Victor R. Holmes or George W. Lowery, please contract Richard Rhea, Attorney At Law at 256-547-6801, regarding Frances H. Messer Life Insurance.
Richard Rhea
Attorney at Law
930 Forrest Ave
Gadsden, AL. 35901
(256-547-6801
January 3, 10, 17, 24 and 31, 2020
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NOTICE OF PUBLICATION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
THE ESTATE OF GRADY ABERNATHY, JR
CASE NO: S-10725
TO: MICHAEL SHANE ABERNATHY, whereabouts unknown
You are notified to be and appear before me, at my office in the Courthouse of said County at 10:00 AM, on the 4th day of February 2020, when the Petition to Probate Will and for Granting Letters Testamentary filed by Grady Abernathy, III, will be considered, and show, if anything you have to allege, why said Petition should not be granted.
Scott W. Hassell
Judge of Probate
December 20, 27, 2019 and January 3, 2020
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NOTICE OF SUMMONS
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
Stevie Lee Preston, Plaintiff
VS.
Jason Michael Hofman, Defendant
Case No: CV-2019-900536
TO: Jason Michael Hofman
You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Civil Action Number CV-2019-900536-WBO.
You are hereby commanded and required to file with the Clerk of Court, and to serve upon the attorney for the Plaintiff, an answer to the Complaint within 30 days after the last publication of this notice, or default judgment will be entered against you.
Dated this the 6th day of December 2019.
Cassandra Johnson
Circuit Clerk
Jack Floyd, Esquire
Floyd Law Firm, LLC
Attorney for Petitioners
808 Chestnut Street
Gadsden, AL. 35901
256-547-6328
December 20, 27, 2019 and January 3, 2020
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LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Fred Dempsey Construction, has completed the Contract with the City of Gadsden for construction of The Venue – UPS System. All claims should be submitted to the Director of Engineering, City of Gadsden, 90 Broad Street, Gadsden, AL 35901.
Fred Dempsey Construction, Inc.
P.O. Box 768
Centre, AL 35960
December 13, 20, 27, 2019 and January 3, 2020
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NOTICE OF ADOPTION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
In the Matter of The Adoption Petition of:
Oliver Odell Sharard Crawley
Case No:
Please take notice that a Petition for the adoption of a child born to Haley Ann Cason Crawley, biological mother has been filed with the Probate Court of Etowah County, Alabama by Oliver Odell Sharard Crawley and that the hearing is set for the 25th day of February, 2020 at 10:00 AM. The minor child’s date of birth is February 11, 2013.
Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days if the date of the last publication herein within Stewart Burns, Attorney for the Petitioner, whose address is shown below, and Scott Hassell, Probate Judge, Etowah County Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.
Done this the 10th day of December 2019.
Stewart Burns
Attorney for Petitioner
821 Chestnut Street
Gadsden, AL. 35901
December 13, 20 27, 2019 and January 3, 2020
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.
1995 GMC Sierra – VIN: 2GTEC1 9K7S1521280
1993 Saturn SL1 – VIN: 1G8ZH5595PZ247244
Thacker Towing
927 5th Avenue NE
Attalla, AL. 35954
256-546-9994
December 27, 2019 and January 3, 2020
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.
2014 GMC Sierra – VIN: 3GTU2VEC1EG458919
Tommy Tow’s
927 5th Avenue NE
Attalla, AL. 35954
256-490-3515
December 27, 2019 and January 3, 2020
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.
2007 Ford Five Hundred – VIN: 1FAHP24197G111974
Hammett Towing
240 Wesson
Lake Rd
Attalla, AL. 35954
256-613-8499
December 27, 2019 and January 3, 2020
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 02/07/2020
2002 CHEROLET TRAILBLAZER – VIN: 1GND T13S122154727
1998 FORD RANGER – VIN: 1FTYR10C3WTA41707
Twenty Four Seven Towing & Recovery
1207 Gault Ave S.
Ft. Payne. AL. 35967
256-630-2015
January 3 and 10, 2020
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 02/07/2020.
1992 BUICK ROADMASTER – VIN: 1G4BN5370NR436300
1995 OLDSMOBILE SILHOUETTE – VIN: 1GHDU06L 0ST310149
1999 FORD F-150 – VIN: 1FTRX18W6XNA88759
Thacker Towing
927 5th Avenue NE
Attalla, AL. 35954
256-546-9994
January 3 and 10, 2020