Legals for 3/13/2020 – 3/19/2020

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NOTICE OF  FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated October 26, 2012, executed by John M. Willingham a/k/a John Martin Willingham, an unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for CIS Financial Services, Inc. DBA CIS Home Loans, which mortgage was recorded on October 29, 2012, in Instrument No. 3375676, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to The Money Source Inc., 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 April 21, 2020, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE SOUTH HALF (S1/2) OF THE FOLLOWING DESCRIBED PROPERTY, TO –WIT – FOR A POINT OF BEGINNING TO DESCRIBE THE LAND HEREIN START AT THE SOUTHEAST CORNER OF THE NE 1/4 OF THE NE 1/4, AND FROM THENCE RUN IN A WESTERLY DIRECTION AND ALONG THE SOUTH LINE OF SAID FORTY A DISTANCE OF 420 FEET TO A POINT; THENCE RUN IN A NORTHERLY DIRECTION, PARALLEL WITH THE EAST LINE OF SAID FORTY A DISTANCE OF 210 FEET TO A POINT, WHICH SAID POINT IS THE POINT OF BEGINNING TO DESCRIBE THE LANDS HEREIN, AND FROM SAID POINT OF BEGINNING CONTINUE IN A NORTHERLY DIRECTION PARALLEL WITH THE EAST LINE OF SAID FORTY A DISTANCE OF 420 FEET TO A POINT; THENCE RUN IN A WESTERLY DIRECTION PARALLEL WITH THE SOUTH LINE OF SAID FORTY A DISTANCE OF 480 FEET TO A POINT; THENCE RUN IN A SOUTHERLY DIRECTION IN A DIRECT LINE A DISTANCE OF 420 FEET, MORE OR LESS, TO A POINT WHICH IS 420 FEET WEST OF THE POINT OF BEGINNING, MEASURED ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID FORTY; THENCE RUN IN AN EASTERLY DIRECTION PARALLEL WITH THE SOUTH LINE OF SAID FORTY A DISTANCE OF 420 FEET TO THE POINT OF BEGINNING, SAID DESCRIPTION EMBRACING A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), SECTION TWENTY-THREE (23), TOWNSHIP THIRTEEN (13) SOUTH, RANGE FIVE (5), EAST OF HUNTSVILLE MERIDIAN, IN RAINBOW CITY, ETOWAH COUNTY, ALABAMA, SAVE AND EXCEPT ALL THE MINERALS, MINERAL AND MINING RIGHTS, PRIVILEGES AND INTERESTS IN, UNDER AND UPON THE SAME, SUBJECT TO THE RIGHTS OF THE ALABAMA POWER COMPANY, AS DESCRIBED IN INSTRUMENTS RECORDED IN BOOK 800, PAGE 507, AND BOOK 972, PAGE 389, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, SUBJECT TO PUBLIC ROADS AS NOW LOCATED OVER, THROUGH OR ACROSS ANY PORTION THEREOF

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 a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Stephens Millirons, P.C. at the time and place of sale. The balance of the purchase price must be paid in certified funds by noon on the second business day following the sale at the law firm of Stephens Millirons, P.C. at 120 Seven Cedars Drive, Huntsville, Alabama 35802. Stephens Millirons, P.C. reserves the right to award the bid to the next highest bidders should the highest bidder fail to timely tender the total amount due.

The Money Source Inc.Transferee

Robert J. Wermuth/mgw

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Attorney for Mortgagee

February 28, March 6 and 13, 2020

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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 Jean Johnson, unmarried, to Regions Bank, on March 31, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3293475, and the legal description of said mortgage being corrected by Scrivener’s Affidavit recorded at Instrument Number 3497237; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on April 2, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE FOLLOWING REAL PROPERTY SITUATE IN COUNTY OF ETOWAH AND

STATE OF ALABAMA, DESCRIBED AS FOLLOWS:

A LOT DESCRIBED AS BEGINNING AT A POINT IN THE SOUTHEAST LINE OF

FIFTH AVENUE AS SHOWN BY THE MAP OF NOWLIN ADDITION TO EAST

GADSDEN, ACCORDING TO THE SECOND SURVEY THEREOF AS RECORDED IN

PLAT BOOK B PAGES 20 AND 21 IN THE OFFICE OF THE JUDGE OF PROBATE

OF ETOWAH COUNTY, ALABAMA, WHICH IS 100 FEET NORTHEASTERLY

MEASURED ALONG THE SOUTHEAST LINE OF SAID FIFTH AVENUE FROM

WHERE THE SAME INTERSECTS THE NORTHEAST LINE OF FIRST STREET, AS

SHOWN BY SAID PLAT BOOK B, PAGES 20 AND 21, AND FROM SAID POINT OF BEGINNING RUN IN A NORTHEASTERLY DIRECTION AND ALONG THE

SOUTHEAST LINE OF FIFTH AVENUE A DISTANCE OF 60 FEET; THENCE TO

THE RIGHT AT AN ANGLE OF 90 DEGREES AND RUN IN A SOUTHEASTERLY

DIRECTION A DISTANCE OF 151 FEET; THENCE TO THE RIGHT AT AN ANGLE

OF 90 DEGREES AND RUN IN A SOUTHWESTERLY DIRECTION A DISTANCE OF

60 FEET; THENCE TO THE RIGHT AT AN ANGLE OF 90 DEGREES AND RUN IN A NORTHWESTERLY DIRECTION A DISTANCE OF 151 FEET TO THE POINT OF BEGINNING, AND EMBRACING A PORTION OF THE NORTH 22 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION TEN (10), TOWNSHIP TWELVE (12) SOUTH, RANGE SIX (6) EAST OF HUNTSVILLE MERIDIAN, IN GADSDEN, ETOWAH COUNTY, ALABAMA.

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

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.

Regions Bank

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

February 28, March 6 and 13, 2020

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NOTICE OF MORTGAGE FORECLOSURE

Default having been made in the payment of the indebtedness secured by those certain real estate mortgage executed by Jeff L. Word and wife, Regina R. Word, to The Exchange Bank of Alabama on the 1st day of June, 2012, recorded as Instrument Number 3368133, in the Office of the Judge of Probate, Etowah County, Alabama; Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such defaults continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on April 6, 2020, the following described real property situated in Etowah County, Alabama:

Part of Lot 4, all of the Reserved Area adjacent of Lot 4, Larrydale Subdivision, Unit 2, recorded in Plat Book “G”, Page 99, the Probate Office of Etowah County, Alabama, more particularly described as: Beginning at the Northwest corner of the said Reserved Area as recorded; thence Southerly along the Quarter line and the West line of said reserved area 523.14 feet to the Southwest corner of said reserved area; thence Easterly turning an interior angel of 100 degrees 55 minutes go along the South line of said reserved area and the South line of said Lot 4, 178.35 feet to a point; thence Northerly turning an interior angle 89 degrees 54 minutes go a distance of 224.83 feet to a point on the North line of said Lot 4; thence Westerly turning an interior angle of 90 degrees 04 minutes go a distance of 60 feet along the North line of said Lot 4 to a point; thence Westerly turning an interior angle of 185 degrees 49 minutes go along the North line of said Lot 4 24.9 feet to the Northwest corner of said Lot 4; thence Northwesterly turning an interior angel of 229 degrees 00 minutes go along Dale Drive 196.31 feet, having a chord distance of 172.61 feet to a point; thence Northerly turning an interior angle of 215 degrees 09 minutes go along the West line of Dale Drive 150 feet to the North line of said reserved area; thence Northwesterly along the North line of reserved area turning an interior angle of 99 degrees 27 minutes a distance of 93.78 feet to the point of beginning.

Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any, and all other liens, restrictions or encumbrances on record.

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 person 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 EXCHANGE BANK OF ALABAMA

By: /s/Laura T. Lloyd                                                  

TURNBACH, WARREN, RICE, LLOYD, 

FREDERICK & SMITH, P.C.

P. O. Box 129/200 Chestnut Street

Gadsden, Alabama  35902-0129

(256) 543-3664

March 13, 20 and 27, 2020

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NOTICE OF MORTGAGE FORECLOSURE

Default having been made in the payment of the indebtedness secured by those certain real estate mortgage executed by Shelby J. Prater, an unmarried woman, to The Exchange Bank of Alabama on the 22nd day of January, 2014, recorded as Instrument Number 3397524, in the Office of the Judge of Probate, Etowah County, Alabama; Said Mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable, and said mortgage subject to foreclosure, and such defaults continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the Mortgagee will sell at public outcry, for cash to the highest and best bidder, in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on April 6, 2020, the following described real property situated in Etowah County, Alabama:

Lots 24, 25, and 26 in Block L in South Mont Addition to Attalla, according to map or plat thereof as recorded in Plat Book E, Page 230-233, in the Office of the Judge of Probate, Etowah County, Alabama, and lying and being in the City of Attalla, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any, and all other liens, restrictions or encumbrances on record.

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 person 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 EXCHANGE BANK OF ALABAMA

By: /s/Laura T. Lloyd                                                  

TURNBACH, WARREN, RICE, LLOYD, 

FREDERICK & SMITH, P.C.

P. O. Box 129/200 Chestnut Street

Gadsden, Alabama  35902-0129

256) 543-3664

March 13, 20, and 27, 2020

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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 Gary Neil Thrower Husband Tracey R. Thrower Wife to RBMG, Inc. dated March 3, 2000; said mortgage being recorded on March 10, 2000, in Book 2000, Page 70 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to NewRez LLC d/b/a Shellpoint Mortgage Servicing to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, NewRez LLC d/b/a Shellpoint Mortgage Servicing, 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 6th day of April, 2020 the following property, situated in Etowah County, Alabama, to-wit:

A tract of land described as beginning at the Southeast corner of Lot Number 8 of the First Addition to Argyle Hills and from thence run in a Northerly direction along the East line of said lot a distance of 103.00 feet to a point; thence deflect an angle of 88 degrees 11 minutes 00 seconds to the left and run in a Westerly direction a distance of 144.87 feet to a point on the West line of said lot; thence deflect an angle of 91 degrees 49 minutes 00 seconds to the left and run in a Southerly direction along the West line of said lot a distance of 100.00 feet to the Southwest corner thereof; thence In an Easterly direction along the South line of said lot a distance of 145.00 feet to the point of beginning and embracing a portion of Lot Number 8 of the First Addition to Argyle Hills, as recorded in Plat Book “G”, Page 91, Probate Office, Etowah County, Alabama.

Said property is commonly known as 2108 Argyle Place, Gadsden, AL 35904.

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

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

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

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

NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING

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. 9121219

www.foreclosurehotline.net

March 13, 20 and 27, 2020

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NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by Mortgage executed by Erika Yanet Herrera and husband, Marco Antonio Herrera, to Mary Southern Wilson dated March 9, 2018, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3464334; the undersigned mortgage owner, Mary Southern Wilson, have elected to declare the entire indebtedness secured by said mortgage due and payment as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 13th day of April, 2020, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Fourteen (14) in Block Four (4) in the West Point Addition to Gadsden, according to the map or plat thereof recorded in Book of Town Plats “B”, Page 140 in the Office of the Judge of Probate of Etowah County, and being and lying in the City of Gadsden (formerly Alabama City), Etowah County, Alabama.

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

Mary Southern Wilson,

Mortgage Owner

Brian Keith Copeland

Copeland and Copeland, LLC.

Attorney for Owner

820 Chestnut Street

Gadsden, AL. 35901

256-547-8678

March 13, 20, and 27, 2020

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NOTICE OF APPOINTMENT AND NOTICE TO FILE CLAIM

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF JAMES MICHAEL SPEARS, DECEASED

CASE NO: S-10802

Letters Testamentary of said deceased having been granted to Kelly Spears Gibson on the 18th day of February, 2020, by the Honorable Scott W. Hassell, Probate Judge of Etowah County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law of the same will be barred. 

Alexander M. Smith At Law for Kelly Spears Gibson, Personal Representative of the Estate of James Michael Spears, Deceased.  Attorney at Law 204 Third Street North, Oneonta, AL. 35121

Scott W. Hassell

Probate Judge

February 28,

March 6 and 13, 2020

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FILE CLAIMS

Charles Durwood McGee, Jr., was/were appointed Personal Representative(s) on 02/11/2020 Estate Charles Durwood McGee, 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

February 28, March 6 and 13, 2020

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FILE CLAIMS

Judy Marie Devoll, was/were appointed Personal Representative(s) on 02/14/2020 Estate Carl Eugene Devoll, 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

February 28, March 6 and 13, 2020

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FILE CLAIMS

Charlotte Runyans Wiggins, was/were appointed Personal Representative(s) on 02/11/2020 Estate John Mouzon Wiggins. 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

February 28, March 6 and 13, 2020

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FILE CLAIMS

Kelly Loflin Murillo, was/were appointed Personal Representative(s) on 02/10/2020 Estate Jean Loflin, 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

February 28, March 6 and 13, 2020

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FILE CLAIMS

Janice Faye Kelley was/were appointed Personal Representative(s) on 1/23/2020 Estate Danny LaWayne Kelley, 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

March 6, 13 and 20, 2020

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FILE CLAIMS

Micahel E. Clark and Timothy M. Clark was/were appointed Personal Representative(s) on 2/21/2020 Estate Beatrice A. Clark, 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

March 6, 13 and 20, 2020

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FILE CLAIMS

Jeffrey Lynn Johnston was/were appointed Personal Representative(s) on 2/24/2020 Estate Diane Johnston, 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

March 6, 13 and 20, 2020

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FILE CLAIMS

Richard Rhea was/were appointed Personal Representative(s) on 2/17/2020 Estate Denise Tourgee Smith, deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred. 

Scott W. Hassell

Judge of Probate

March 6, 13 and 20, 2020

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FILE CLAIMS

John William Harrison was/were appointed Personal Representative(s) on 2/11/2020 Estate Billy Robert Harrison, 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

March 6, 13 and 20, 2020

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ORDINANCE

NO. O-08-20

Authorizing Conveyance of Certain Property

Whereas, the City of Gadsden owns the following described property located on Agricola Avenue:

COM INT NW ROW CO RD 1265 & SW LINT LT 1 ROBERT BATES SUB SUB PLAT D-217 TH SW ON NW ROW 200’(S) TO BEG TH CONT SW ON ROW 150’(S) TH NE 120’(S) TH E 110’(S) TO POB UNDER LEGAL LITIGATION SEC 21 TWP 11S R 6E 

This property does not constitute the homestead or principal residence of the grantor.

Whereas, Frankie Patton, has offered to pay $150.00 for the property;

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

1. This real property is not needed for any municipal or public purpose.

2. The Mayor is hereby authorized and directed to execute a warranty deed to and in favor of Frankie Patton for the sum of One Hundred Fifty and 00/100 Dollars ($150.00).

Adopted by the City Council of Gadsden, Alabama, at a meeting held on March 3, 2020.

Iva Nelson, City Clerk

March 13, 2020

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RESOLUTION

NO. R-86-20

Ordering Abatement of Nuisance                                                                   

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

935 1ST AVENUE in District 3 in the City of Gadsden, more particularly described as:

A lot or parcel of land described as beginning at a point in the northeast line of First Avenue, which said point is 42.30 feet easterly, measured along the north line of said First Avenue from the intersection of said First Avenue with the southeast line of Tenth Street and from thence run in a northeasterly direction and parallel with the southeast line of Tenth Street a distance of 100 feet, more or less, to the southwest right of way line of the L & N Railroad; thence in a southeasterly direction and along said right of way line a distance of 27.5 feet, more or less, to the northwest line of Lot Number 12; thence in a southwesterly direction and along the northwest line of Lot Number 12 a distance of 100 feet, more or less, to the northeast line of First Avenue; thence in a northwesterly direction and along the northeast line of First Avenue a distance of 27.5 feet to the point of beginning and embracing a portion of Lot Number 13 in Block Number 2, according to the map of property belonging to R. B. Kyle and the heirs of M. V. Kyle, bounded on the north by R. R. Street, on the east by Ninth Street, on the south by Broad Street, and on the west by Tenth Street, as recorded in Plat Book “A”, page 249, in the Office of the Judge of Probate, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to the Heirs of WILLIAM OWEN LEACH, JR, 935 1st Avenue, Gadsden, AL, as follows: DONALD L THOMSEN, III, 125 Lilburne Way, Yorktown, VA, LINDA L. THOMSEN, 97 Parish Road, New Canaan, CT, JOAN DICKSON LEACH, 240 Alpine View, Gadsden, AL, WILLIAM DICKSON LEACH, 201 Lakewood Drive, Gadsden, AL, SARA L. WILDER, 9908 Dogwood Circle, Montgomery, AL, JOAN LEACH HICKS, 633 Wildwood Road, Gadsden, AL, GADSDEN HEATING & SHEET METAL, 125 Lilburne Way, Yorktown, VA.

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

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on March 3, 2020.                                        

Iva Nelson, City Clerk             

March 13, 2020

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RESOLUTION

NO. R-87-20

Ordering Abatement of Nuisance                                                                    

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

1351 FORREST AVENUE (ACCESSORY BUILDING) in District 3 in the City of Gadsden, more particularly described as:

Lot numbered 24 Block 1 according to the Tallman Addition to the City of Gadsden as surveyed and platted by T.W. Lister, Surveyor as a Second Survey in March 1903, which said plat is recorded in the Book of Town Plats “A” Page 258. Said property being located and situated in Etowah County, Alabama. Source of description is from deed dates August 06, 1991; T. Durward Debose and William A. Robinson grantors and Rome R. Simmons, grantee.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to ANN HARRIS, 370 Butler Road, Bowdon, GA, MICHAEL TALIAFERRO, 344 Coats Bend Road, Gadsden, AL 221 Greg Avenue, Gadsden, AL.

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

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on March 3, 2020.                                            

Iva Nelson, City Clerk   

March 13, 2020

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RESOLUTION NO. R-88-20

Ordering Abatement of Nuisance                                                                 

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

3610 GEORGIA AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot Number Three (3) in Block Number Five (5) in the James H. Pruett Addition to Gadsden, according to the map thereof recorded in Plat Book “D”, Page 135, Probate Office, and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to DAVID W. WAITES, 2169 Cove Circle E, Gadsden, AL.

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

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on March 3, 2020.                                        

Iva Nelson, City Clerk   

March 13, 2020

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NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

1929 LOOKOUT LAND TRUST, Plaintiff,

CV-2019

VS A PARCEL OF LAND DESCRIBED AS FOLLOWS:

LOT NUMBER TWENTY-TOW (22) IN THE BLOCK THEREE (3), IN MITCHELL PARK, ACCORDING TO THE MAP THEROF RECORDED IN PLAT BOOK “F”, PAGE 87, PROBATE OFFICE ETOWAH COUNTY, ALABAMA, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA

and

RANDALL LAMAR FARLEY, INCLUDING ANY DEVISEES OF THE SAME, MONTGOMERY RADIOLOGY ASSOCIATION AND THOSE WHO ADDRESSES ARE UNKOWN AND ANY AND ALL UNKOWN PARTIES, including any persons claiming any present interest therein and including any person claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above described property,

Defendants

The  Defendants, Randall Lamar Farley and/or his 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 of Quiet Title filed by 1929 Lookout Land Trust 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 29th day of August, 2019.

Cassandra Johnson,

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan LLC

400 Broad Street

Gadsden, AL. 35901

256-547-7200

March 6, 13 20, and 27,  2020

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NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

EVELYN L. STROPE, PLAINTIFF

CASE NO:  CV-20-900090-CDR

VS.

RICKEY RAKESTRAW, ET ALS

DEFENDANTS.

TO:  Rickey Rakestraw; Rebecca Rakestraw; unknown persons claiming any interest in real property located in the SW ¼, Section 1, Township 11 South Range  5 East, Etowah County, are notified that a Suit of Quiet Title to the above described lands, Strope, Vs. Rickey Rakestraw, et. als, Case No. CV-20-900090 Circuit Court, Etowah County, was filed against you seeking to Quiet Title to the above property.  You are directed and required to file answer with the Circuit Clerk, or default will be entered against you.

Cassandra Johnson,

Circuit Clerk

Floyd Law Firm

808 Chestnut Street

Gadsden, AL. 3591

256-547-6328

March 6, 13, 20 and 27, 2020

_________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF STATE OF ALABAMA,

CASE NO: CV-19-900822-GCD

Etowah County Drug Enforcement Unit, ETOWAH COUNTY, ALABAMA

PLAINTIFF                                           

VS.                 

$23,714.00 U.S. Currency                                                    

DEFENDANT             

In Re:   CHRISTOPHER ARIS, MARVIN SIMMONS, CLIFFORD MATHIS, JEFFERY JACKSON, RANDALL BOATWRIGHT, JUSTIN BREWSTER, TERESA WHITAKER, TAROD HARVEY, DARIUS HICKS, LEWIS JONES, MELIEAH PATTERSON, RICHARD WALTON, JERMAINE FITZPATRICK, JEFFERY JACKSON, TOSTIG MOORE, BRANDON WINSTON, TABRELLE MOORE, ERIC LINDSEY, EDDIE LOWERY, DEMETRIE LINDSEY, JALYN BREWSTER, TRAVONTAY DUDLEY, ANTONIO KELLEY, JORDAN HIGGINS, SANDRA GOLDEN, XATHAN COOK, QUARTEZ MARSHALL, MALCOLM MARBURY, AKAISUS VAUGHN, GAVIN NELSON, APRIL GROSS, JAMI WRIGHT, THADEOUS STRONG, JEREMY PINKARD, COREY CARLISLE, DAVITICA SATCHER, BRANDON HALE, WILLIAM BROWN, MARLANDO HIGGINS, WILLIAM CRAIG, TERRANCE HEARD, MARK SALMON, KIESHA WOODS, DENEZ ANSLEY, JONATHON GOODRICH, TIFFANY HILLSMAN, CHRISTOPHER LEACH, MISTY RICHARDSON, AUTURO MAYO, TIMOTHY BURTON, DAVITICA SATCHER, GLEN WILLIAMS, JR., TRENTON THOMPSON, DENEZ ANSLEY, DEMARCUS BURNHART, RODERICK ORR, BRANDON MCCURDY, ANQUAVIOUS MORRIS, LORALIE JOHNSON, TORRANCE JAMES                                                                                                                                                      

NOTICE OF CONDEMNATION-FORFEITURE ACTION

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

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.    You are hereby notified that you must answer said Complaint by the 8th day of May, 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the November 16, 2019

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

March 13, 20, 27 and April 3, 2020

_________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900048-SJS

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

PLAINTIFF

VS.

$1,275.00. Currency

DEFENDANT

In Re:  Andrew Dan Smith

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

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency.  You are hereby notified that you must answer said Complaint by the 9h day of May 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said Property.

DONE this the 10h day of March, 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

March 13, 20, 27 and April 3, 2020

_________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900047-GCD

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

PLAINTIFF

VS.

$555.00 U.S. Currency

2004 CHEVROLET TAHOE

VIN:  1GNEC1 3V74J327626

SCCY CPX-2 9MM PISTOL

SERIAL # 393845

DEFENDANT

In Re:  Sharmeta Lashay Gamble

Michael Anthony Taylor

Lienholder: Alabama Title Loans

2301 W. Meighan Blvd.

Gadsden, AL. 35904

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

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and property.  You are hereby notified that you must answer said

Complaint by the 9th day of May, 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 10th day of March, 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

March 13, 20, 27 and April 3, 2020

_________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-20-900046-WBO

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

PLAINTIFF

VS.

$908.00 U.S. Currency

DEFENDANT

In Re:  Ridge Embry

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

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and property.  You are hereby notified that you must answer said

Complaint by the 9th day of May 2020.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 10h day of March, 2020

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

March 13, 20, 27 and April 3, 2020

_________________

PUBLICATION NOTICE

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF KAYLEN LORI FAITH STEED

A MINOR BORN 07/25/2008

CASE NO. JU-2016-000277.02

IN THE MATTER OF JAXON REECE STEED

A MINOR BORN 08/05/2009

CASE NO. JU-2020-000066.01

Joshua Reece Steed, whose whereabouts are unknown, must answer the Petition to Terminate Parental Rights in the above styled causes, by seeking relief by April 17, 2020, or thereafter a judgment of default may be rendered against him in the Juvenile Court of Etowah County, Alabama. Attorney for Petitioner Jared D. Vaughn, 612 S 4th Street, Gadsden, Alabama 35901, 256-547-4444.

Jared D. Vaughn

Attorney at Law

612 S 4th Street,

Gadsden, AL 35901

(256) 547-4444

February 21, 28, March 6 and 13, 2020

_________________

PUBLICATION ON ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In the Matter of the Petition of Vada Williamson Gray and Clinton Evan Gray

Case No: A-1570

NOTICE TO UNKNOWN OR UNDISCLOSED PARENT OF:  A Child Born to Melody Williamson, whose address is also unknown or undisclosed

You will take notice that a Petition for the Adoptions of a child born to Melody Williams (Natural Mother) and unknown father, set to be heard on May 6, 2020 at 10:00 AM was filled on the 19th day of February, 2020, alleging that the identity of the natural parent of said minor child is unknown and had not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father.

Minor Child’s birth date is May 13, 2008.

Please be advised that should you intent to contest this adoption, you must file a written response within (30) days of the date of the last publication herein with Clark Hall, to the name and address as shown below, and with the Clerk of the Probate Court of Etowah County, Courthouse, 800 Forrest Avenue, Gadsden, AL. 35901

Done this the 20th day of February, 2020

Clark Hall

750 Forrest Avenue

Gadsden, AL. 35901

Phone – 256-549-4357

Fax – 256-547-4881

clarkhall@clarkhalllaw.com

February 28, March 6, 13 and 20, 2020   

_________________

PUBLICATION NOTICE

IN THE MATTER OF THE ADOPTION PETITION

NOTICE TO: 

Unknown Father

ADDRESS: 

Unknown

You will take notice that Petition for Adoption of children born to Jennifer Lin Burbanks, were filed on March 10, 2020, and are set to be heard on the 13th day of May, 2020 at 10:30 AM, alleging that the whereabouts of the natural parent of said minor children is unknown and has not be disclosed to the Court.  The minor children’s dates of birth are:  August 31, 2013 and August 4, 2014.

Please be advised that should you intend to contest these adoptions, you must file a written response within thirty (30) days of the date of the last publication herein, with counsel for petitioner, 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

This the 11th day of March, 2020

Scott W. Hassell

Probate Judge

Attorney for the Petitioner:

Jack Floyd, Esquire

808 Chestnut Street

Gadsden, AL. 35901

March 13, 20, 27 and April 3, 2020

_________________

NOTICE OF SUMMONS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF A MINOR

CASE NO:  JU-16-298.02

TO:  Kelli Garrard

Kelli Garrard, whose whereabouts is unknown, must answer Dale and Sue Garrard’s Petition to Terminate Parental Rights and other relief by April 21, 2020 by 10 A.M., or thereafter a judgment of default may be rendered against her in case No: JU-19-298.02 in the Juvenile Court of Etowah County.

Done this the 24th day of February, 2020

Cassandra Johnson

Clerk, Juvenile Court

Etowah County, Alabama

Randy Phillips

Attorney for Dale and Sue Garrard

750 Forrest Ave

Gadsden, AL. 35901

February 28, March 6, 13 and 20, 2020

_________________

TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF A MINOR

CASE NO:  JU-2016-298-02

NOTICE TO ANY UNKNOWN OF UNDISCLOSED PARENT OF A CHILD BORN TO KELLI GARRARD, WHOSE ADDRESS IS ALSO UNKOWN OR UNDISCLOSED

You will take notice that a Petition to Terminate Parental Rights of the father of a child born to Kelli Garrard, (Natural Mother), set to be heard on April 21st, 2020 at 10 A.M., was filed on the 25th day of November, 2019, alleging that the identify of the natural father of said minor child is unknown and has been disclosed to the Court, and whose relationship of said unknown or undisclosed natural father to be aforesaid minor child is that of putative father.  Minor Child’s birth date is October 10, 2014. 

Please be advised that should you intend to contest this termination of parental rights, you must file a written response within fourteen (14) days of the date of last publication herein with Randy Phillips, whose name and address is shown below, and with the Clerk of District Court of Etowah County, Alabama, Courthouse 801 Forrest Ave, Gadsden, Alabama 35901.

Done this the 24th day of February 2020.

William Clay

District Judge

Randy Phillips

D.R. Phillips Law Firm, LLC.

750 Forrest Ave.

Gadsden, AL. 35901

(256)438-5482

February 28, March 6, 13 and 20, 2020

_________________

PUBLICATION NOTICE

IN THE MATTER OF THE ADOPTION PETITION

NOTICE TO:

Unknown Father

ADDRESS: Unknown

You will take notice that Petition for Adoption of a child born to Gena Nicole Dumas was filed on January 29, 2020, and are set to be heard on the 5th day of May, 2020 at 10:00 AM., alleging that the whereabouts of the natural parent of said minor child is unknown and has not been disclosed to the Court.  The minor child’s date of birth is:  February 25, 2015.

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 counsel for the petitioners, 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.

This the 25th day of February 2020.

Scott W. Hassell

Probate Judge

Attorney for the

Petitioner:

Jack Floyd, Esquire

808 Chestnut Street

Gadsden, AL. 35901

February 28, March 6, 13 and 20, 2020

_________________

NOTICE OF DIVORCE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

Megan Denise Graham, Plaintiff

Case No: DR-2020-900062.00

VS.

Carlos Huerta Duran, Defendant

Carlos Huerta Duran, whose whereabouts is unknown, must answer the complaint of Meagan Denise Graham, seeking a divorce and other relief by May 3, 2020, or thereafter a judgment by default may be rendered against him in Civil Action No.: 31-DR-2020-900062 Circuit Court of Etowah County, Alabama.

Dated this the 4th day of March 2020.

Cassandra Johnson

Circuit Court

Dani V. Bone

Attorney for Plaintiff

1031 Forrest Avenue

Gadsden, AL. 35901

256-547-1005

March 13, 20, 27 and April 3, 2020

________________

LEGAL NOTICE

McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. STPAA-0007(548) in Etowah County.  This notice will appear for four consecutive weeks beginning on 2/21/2020 and ending on 3/13/2020.  All claims should be filed at P.O. Box 1890, Gadsden, AL. 35901 during this period. 

McCartney Construction Company Inc.

February 21, 28 March 6 and 13, 2020

_________________

LEGAL NOTICE

McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. NH-0077(521) in Etowah County.  This notice will appear for four consecutive weeks beginning on 2/21/2020 and ending on 3/13/2020.  All claims should be filed at P.O. Box 1890, Gadsden, AL. 35902 during this period. 

McCartney Construction Company Inc.

February 21, 28 March 6 and 13, 2020

_________________

LEGAL NOTCIE

The following units will be auctioned or otherwise disposed of on March 17, 2020 beginning at 9:00 AM on the premises of Stock-It-N-Lockit Mini Storage located at 3403 Rainbow Parkway, Rainbow City, AL.

1.  Faith Addams

2.  Amber Davidson

3.  Kathy Johnson

4.  Patrick Moore

5.  Matthew O’Donnell

6.  Ashley Rutledge

March 6 and 13, 2020

_________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 04/03/2020

1998 Ford Explorer – VIN:  1FMZU34E4WUB142161

Kristopher Foster

214 7th Ave.

Gadsden, AL. 35903

256-691-5036

March 6 and 13, 2020

_________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 04/06/2020

1996 Dodge Truck – VIN:  1B7HF16Z1TJ173778

E.Speak

256-333-5173

March 6 and 13, 2020

_________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 04/10/2020

2009 Chevrolet Avalanche – VIN:  3GNEC2 20X9G189973

Lucky’s Towing

1174 Hilltop Drive

Gadsden, AL. 35903

256-613-7633

March 6 and 13, 2020

_________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 04/10/2020

2004 Chevrolet Malibu – VIN:  1G1ZU 54884F163564

Tommy Tow’s

3403 Forrest Ave

Gadsden, AL. 35904

256-490-3715

March 6 and 13, 2020

_________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 04/10/2020

2007 Dodge Magnum – VIN:  2D4FV47V77H757412

2002 Mazda Proteges – VIN:  JM1BJ245921470970

2012 Chevrolet Malibu – VIN:  1G1ZD5EU0CF185035

Thacker Towing

927 5th Ave, NE

Attalla, AL. 35954

March 6 and 13, 2020

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