Legals for 7/14/2023 – 7/20/2023

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by James M. Downey and Patricia A. Downey, husband and wife, to AmSouth Bank, on November 8, 2002, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on November 25, 2002, as Document Number M-2002-5467; WHEREAS, the aforesaid deed of trust was subsequently modified on December 17, 2003, and said modification being recorded on January 9, 2004 at Document # 2004-0186. Regions Bank successor by merger to AmSouth Bank, 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 August 7, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 15, Block “J”, Cherokee Estates, Unit Three (3), according to the Map or Plat thereof as recorded in Plat Book “G”, Page 161, office of Judge of Probate of Etowah County, Alabama, and lying and being in Etowah County, Alabama.

More commonly known as: 929 Tomahawk Trl East, Gadsden, AL 35903

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 to-tal 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.

Regions Bank successor by merger to AmSouth Bank (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

July 7, 14, and 21, 2023

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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 Torynce F Butlervanessa Butler Husband And Wife to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Mortgage Solutions of Colorado, LLC, its successors and assigns dated November 6, 2020; said mortgage being recorded on November 9, 2020, as Instrument No. 3511382 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to SERVIS ONE, INC. DBA BSI FINANCIAL SERVICES in Instrument 3559294 in the Office of the Judge of Probate of Etowah County, ALABAMA.

The undersigned, SERVIS ONE, INC. DBA BSI FINANCIAL SERVICESunder 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 31st day of July, 2023 the following property, situated in Etowah County, Alabama, to-wit:

Lots Number one (1), two (2) and three (3) in block number four (4) in the Ewing addition to the City of Gadsden, Alabama, as shown by the map or plat thereof recorded in Plat Book “B”, pages 396 and 397, Probate Office, Etowah County, Alabama.

Said property is commonly known as 207 Grant St, Gadsden, AL 35901.

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

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

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

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

SERVIS ONE, INC. DBA BSI FINANCIAL SERVICES

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 23-04836AL

www.foreclosurehotline.net

July 7, 14, and 21, 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 Deedra McClendon, a single woman, to AmSouth Bank, on September 8, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on September 8, 2004, as Document Number M-2004-3963; WHEREAS, the aforesaid deed of trust was subsequently modified on November 3, 2022, and said modification being recorded on January 18, 2023 at Instrument No 3551859. Regions Bank successor by merger to AmSouth Bank, 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 August 7, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Number Nine (9) and Ten (10) in Block Number Two (2) of the W.A. Bell Addition to the City of Gadsden, the plat of which is recorded in Plat Book “B”, Page 196, in the Office of the Judge of Probate of Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama.

More commonly known as: 1216 Bell Street, a/k/a Belle Street, Gadsden, AL 35904

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.

Regions Bank successor by merger to AmSouth Bank (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

July 7, 14, and 21, 2023

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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 mort-gage executed by Crystal Schilleci And David Anthony Schilleci Baggett Wife And Husband to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Southern Home Mortgage Corp., its successors and assigns dated December 21, 2020; said mortgage being recorded on December 29, 2020, as Instrument No. 3513833 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to GMFS LLC in Instrument 3553269 in the Office of the Judge of Probate of Etowah County, ALA-BAMA.

The undersigned, GMFS LLCunder 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 14th day of August, 2023 the following property, situated in Etowah County, Alabama, to-wit:

All of Lot 2, Block A of Country Club Heights Addition to Boaz, Alabama, as recorded in Plat Book G, Page 227 in the Judge of Probate Office of Etowah County, Alabama, more particularly described as follows: Commencing at a 1 inch crimped top pipe found at the Southeast corner of the Southeast quarter of the Northwest quarter of Section 7, Township 10 South, Range 5 East of Huntsville Meridian; thence along the South line of said forty, South 87 degrees 47 minutes 38 seconds West a distance of 193.03 feet to an iron pin set on the Easterly right-of-way (50 feet) of Alabama Highway Number 205; thence leaving said forty line and along said right-of-way, North 21 degrees 28 minutes 22 seconds West a distance of 241.09 feet to a three-quarter inch crimped top pipe found; thence North 25 degrees 41 minutes 22 seconds West a distance of 190.15 feet to a three quarter inch crimped top pipe found; thence North 27 degrees 48 minutes 16 seconds West a distance of 344.57 feet to an iron pin set; thence North 28 degrees 15 minutes 00 seconds West a distance of 172.19 feet to an iron pin set at the point of beginning, from said point of beginning, continue along said right-of-way, North 28 degrees 15 minutes 00 seconds West a distance of 172.19 feet to a gin gear set; thence leaving said right-of-way North 63 degrees 03 minutes 02 seconds East a distance of 200.00 feet to a three-eighths inch rebar iron found; thence South 28 degrees 15 minutes 00 seconds East a distance of 172.22 feet to an iron pin set; thence South 63 degrees 03 minutes 32 seconds West a distance of 200.00 feet to the point of beginning, less and except any easements or rights-of-way, and being all of Lot 2, Block A of Country Club Heights Addition to Boaz, said lot being a portion of the Southeast quarter of the Northwest quarter of Section 7, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

Said property is commonly known as 1025 Al Hwy 205, 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.

GMFS LLC

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 23-04544AL

www.foreclosurehotline.net

July 14, 21, and 28, 2023

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NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mort-gage executed by Tammy Body, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 19th day of May, 2014, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3402135; said Mort-gage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated May 15, 2023 and record-ed in said Probate Office in Instrument Number 3558024. 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 August 30, 2023, 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 Numbers Eight (8) and Nine (9) in Block Number One (1), in Rolling Green Farm Tracts Number One (1), according to the map thereof recorded in Plat Book “C”, Page 265, Probate Office , and lying and being in Etowah County, Alabama, and being subject to the rights of Alabama Power Company as described in Deed Record 5-Y, Page 243, Probate Office, and subject to rights granted by C.D. Templeton to Williams & Voss, as shown by Deed Record 7-E, Page 441, said 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 de-lay the foreclosure process. An attorney should be consulted to help you understand these rights and pro-grams 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.

CAPELL & HOWARD, P.C.

Bowdy J. Brown, Esq.

150 South Perry Street

Montgomery, Alabama 36104

Our File No.: 37591-3233

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

July 14, 21 and 28, 2023

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POSTPONEMENT OF NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mort-gage executed by Robert T. Dowdell and wife, Cathy D. Dowdell, together with every contingent remainder and right of reversion, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Freedom Mortgage Corporation, its successors and assigns, on September 20, 2019, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on September 30, 2019. Freedom Mortgage Corporation, the current holder, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on May 10, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Six (6) in the 3rd Addition to the Tri-City Highlands,

according to the map or plat thereof as recorded in Plat Book “I”, Page 141 Probate Office, Etowah County, Alabama.

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

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO August 30, 2023 AT THE TIME AND PLACE SET FORTH ABOVE.

Freedom Mortgage Corporation (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

July 14, 2023

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by JOYCE WILLODEAN PULLEN, AN UNMARRIED WOMAN, to FAMILY SECURITY CREDIT UNION on APRIL 26, 2013, said mortgage being recorded in the Office of the Judge of Probate of ETOWAH County, Alabama, at INSTRUMENT NUMBER 3385194, the undersigned FAMILY SECURITY CREDIT UNION, 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 AUGUST 10, 2023, between the legal hours of sale, the following described real estate situated in ETOWAH County, Alabama, to wit:

FOR THE POINT OF BEGINNING FOR THE PROPERTY HEREIN CONVEYED, COMMENCE AT THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 10 SOUTH OF RANGE 4 EAST; THENCE RUN SOUTH 88 DEGREES 40 MINUTES WEST AND ALONG THE SECTION LINE 51.7 FEET TO A POINT WHICH IS THE POINT OF BEGINNING TO DESCRIBE THE PROPERTY HEREIN; THENCE SOUTH 0 DEGREES 15 MINUTES EAST 420.0 FEET TO A POINT; THENCE SOUTH 88 DEGREES 40 MINUTES WEST 105.0 FEET TO AN OLD FENCE; THENCE ALONG SAID FENCE NORTH 0 DE-GREES 15 MINUTES WEST 420 FEET TO THE NORTH LINE OF SAID SECTION 14; THENCE NORTH 88 DEGREES 40 MINUTES EAST 105 FEET TO THE POINT OF BEGINNING, CONTAINING ONE ACRE, MORE OR LESS, AND BEING A PORTION OF THE NORTH QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), SECTION FOURTEEN (14), TOWNSHIP TEN (10) SOUTH, OF RANGE 4 (4) EAST ETOWAH COUNTY, ALABAMA, SAVE AND EXCEPT THAT PORTION THEREOF WHICH IS CONTAINED WITHIN THE RIGHT-OF-WAY LINE OF A COUNTY ROAD. (TH/29023)

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.

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.

FAMILY SECURITY CREDIT UNION,

Mortgagee-Transferee

Leonard N. Math

Chambless Math ❖ Carr, P.C.

P.O. Box 230759

Montgomery, Alabama 36123-0759

334-272-2230

July 14, 21 and 28, 2023

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FILE CLAIMS

Jeanith Kim Henderson was/were appointed Personal Representative(s) on 05/10/2023 to the Estate of Steven Franklin Pike, deceased, Probate Court of Etowah County, Alabama notifies all per-sons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

June 30, July 7 and 14, 2023

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FILE CLAIMS

Shalay Jones was/were appointed Personal Representative(s) on 06/12/2023 to the Estate of Barbara Jean Snider, 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

June 30, July 7 and 14, 2023

_____________

FILE CLAIMS

Barbara Jean Slaton and Paul R. Bunton was/were appointed Personal Representative(s) on 06/12/2023 to the Estate of Tymoth Wayne Bunton, 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

June 30, July 7 and 14, 2023

______________

FILE CLAIMS

George Stewart Wright was/were appointed Personal Representative(s) on 05/30/2023 to the Estate of Matthew Stewart Wright, deceased, Probate Court of Etowah County, Alabama notifies all per-sons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

June 30, July 7 and 14, 2023

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FILE CLAIMS

Blake Borders was/were appointed Personal Representative(s) on 05/01/2023 over the Estate of Jenelle Graves Sullivan, 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

June 30, July 7 and 14, 2023

______________

FILE CLAIMS

Caron Bailey was/were appointed Personal Representative(s) on 05/16/2023 to the Estate of Sharon Rose Wallen, 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

June 30, July 7 and 14, 2023

_____________

FILE CLAIMS

Wyman McClendon was/were appointed Personal Representative(s) on 05/24/2023 to the Estate of Timothy David McClendon, 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

June 30, July 7 and 14, 2023

____________

FILE CLAIMS

Jacob Millican was/were appointed Personal Representative(s) on 05/23/2023 to the Estate of Charles Lee Thomas, 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

June 30, July 7 and 14, 2023

____________

FILE CLAIMS

Jacob Millican was/were appointed Personal Representative(s) on 05/23/2023 to the Estate of Jan Michael Ehemann, 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

June 30, July 7 and 14, 2023

_____________

FILE CLAIMS

John Thomas Thompson was/were appointed Personal Representative(s) on 05/30/2023 to the Estate of Martha White Thompson, 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

June 30, July 7 and 14, 2023

_____________

FILE CLAIMS

Sean Brock Whitt was/were appointed Personal Representative(s) on 05/15/2023 to the Estate of Joyce Whitt, 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

June 30, July 7 and 14, 2023

_____________

FILE CLAIMS

Myrna Holloway was/were appointed Personal Representative(s) on 05/25/2023 to the Estate of Mark Busby, 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

June 30, July 7 and 14, 2023

_____________

FILE CLAIMS

Denny Ray Campbell. was/were appointed Personal Representative(s) on 06/06/2023 to the Estate of Kathryn Denise Moore, 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

June 30, July 7, and 14, 2023

_____________

FILE CLAIMS

Melissa June Tucker was/were appointed Personal Representative(s) on 05/23/2023 to the Estate of Carolyn Faye Green, 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

June 30, July 7, and 14, 2023

_____________

FILE CLAIMS

Jeremy Martin and Harvey Martin, III was/were appointed Personal Representative(s) on 05/24/2023 over the Estate of Harvey Martin, Jr., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

June 30, July 7, and 14, 2023

____________

FILE CLAIMS

Ida Faye Riggins Parker was/were appointed Personal Representative(s) on 05/25/2023 over the Estate of Ellis Parker, 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

June 30, July 7, and 14, 2023

___________

FILE CLAIMS

Rodney Johnson was/were appointed Personal Representative(s) on 05/25/2023 over the Estate of Randy Lane 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

June 30, July 7, and 14, 2023

___________

FILE CLAIMS

Mark Pentecost, Lori Pentecost Chandler and Jane Pentecost Downs was/were appointed Personal Representative(s) on 05/30/2023 Estate of Ilene Pentecost, 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

June 30, July 7, and 14, 2023

____________

FILE CLAIMS

Debbie Whisenant was/were appointed Personal Representative(s) on 05/31/2023 over the Estate of Carolyn Blackmon Whisenant, 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

June 30, July 7, and 14, 2023

____________

FILE CLAIMS

Leigh Ann Gannon was/were appointed Personal Representative(s) on 05/31/2023 over the Estate of Brenda Joan Entrekin, 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

June 30, July 7, and 14, 2023

______________

FILE CLAIMS

Richard Rhea was/were appointed Personal Representative(s) on 06/14/2023 to the Estate of Lucille L. Cross, 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

July 7, 14, and 21, 2023

_______________

FILE CLAIMS

Miranda G. Noyce was/were appointed Personal Representative(s) on 05/26/2023 to the Estate of James R. Saxton, Jr., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

July 7, 14, and 21, 2023

_______________

FILE CLAIMS

Tabatha Kilpatrick Cohen was/were appointed Personal Representative(s) on 06/22/2023 to the Estate of Renee Maurice Powell, 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

July 7, 14, and 21, 2023

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FILE CLAIMS

Melanie B. Wrenn was/were appointed Personal Representative(s) on 06/20/2023 to the Estate of Betty O. Beckler, 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

July 7, 14, and 21, 2023

________________

FILE CLAIMS

Mary Farlow was/were appointed Personal Representative(s) on 06/20/2023 to the Estate of Jimmie Lee Hatley, 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

July 7, 14, and 21, 2023

________________

FILE CLAIMS

Adrian B. Dunning was/were appointed Personal Representative(s) on 06/15/2023 to the Estate of Ann Cross Dunning, 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

July 7, 14, and 21, 2023

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FILE CLAIMS

Janice Mayes was/were appointed Personal Representative(s) on 03/13/2023 to the Estate of Thomas Joel Mayes, 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

July 7, 14, and 21, 2023

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: MICHAEL WAYNE RIGHT, DECEASED,

Case # S-11962

TO: Rubyrose Shumaker

Whose whereabouts are unknown

Please take notice that a Petition for Final Settlement was filed in the Office of the Judge of Probate, Etowah County, Alabama and further, that the 21st day of August, 2023 at 10:30 am. 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 30th DAY OF June 2023.

Scott W. Hassell

JUDGE OF PROBATE

July 7, 14, and 21, 2023

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: VELMA PEPPERS, DECEASED,

Case # S-8595

TO: Lynda Warren, Kathryn Farlow, Joyce Vaughn, Diane Smith, Dean Peppers, Marsha Love, Steven Leeth, Amanda McKracken, Audrey Peppers, Thomas Peppers, Elizabeth Grigg, Gilbert Peppers, Natasha Vogel, Holly Gillilan, Melissa Leeth

Whose whereabouts are unknown

Please take notice that a Petition for Final Settlement was filed in the Office of the Judge of Probate, Etowah County, Alabama and further, that the 21st day August, 2023 at 10:00 am. 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 29th DAY OF June 2023.

Scott W. Hassell

JUDGE OF PROBATE

July 7, 14, and 21, 2023

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: CORNELIUS MCCRARY, DECEASED,

Case # S-12209

TO: Jerome McCrary Roberts and William Roberts

Whose whereabouts are unknown

Please take notice that a Petition to Probate Will was filed in the Office of the Judge of Pro-bate, Etowah County, Alabama and further, that the 1st day of November 2023 at 10:00 am. 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 11th DAY OF July, 2023.

Scott W. Hassell

Judge of Probate

July 14, 21, and 28, 2023

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NOTICE OF PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: The Estate Of KENNETH LAMAR ADDISON, JR., Deceased.

Case No.: S-12126

Notice to: All creditors, heirs or distrubutees and all other persons interested in the Estate of Kenneth Lamar Addison, Jr., deceased:

You will hereby take notice that Russell Dakota Addison, as Administrator of the Estate of

Kenneth Lamar Addison, Jr., filed a Report of Insolvency of said Estate on the 11th day of July 2023.

You are hereby notified that a hearing on the Petitioner’s Report of Insolvency will be held at my office in the Etowah County Courthouse, on the 9th day of

September 2023, at 10:00 o’clock a.m. when the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency should be denied.

This the 12th day of July

Scott W. Hassell

Judge of Probate

July 14, 21, and 28, 2023

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

Notice to: Jason Kelley, whose whereabouts are unknown

Jessica Chapman, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Ricky

Kelley and a Petition for Letters of Conservatorship over the estate of Rickey Kelley was filed by Gadsden Regional Medical Center on the 15th day of June, 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 18th day of July, 2023, at 1:30 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

June 30, July 7 and 14, 2023

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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 William L. Swann and a Petition for Letters of Conservatorship over the estate of William L. Swann were filed by Gadsden Regional Medical Center on the 27th day of JUNE 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the day 7th day of AUGUST 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

June 30, July 7 and 14, 2023

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

CONSERVATORSHIP

Notice to: Marilyn Smith, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Monroe Cameron and a Petition for Letters of Conservatorship over the estate of Monroe Cameron was filed by Riverview Regional Medical Center on the 28th day of June, 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 7th day of August, 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

July 14, 21, and 28, 2023

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

Notice to: Kimberly Joyce, whose whereabouts are unknown

Michael Rodrigues, whose whereabouts are unknown

Any unknown family members, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Betty

Rodrigues and a Petition for Letters of Conservatorship over the estate of Betty Rodrigues was filed by Riverview Regional Medical Center on the 10TH day of JULY 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of

Conservatorship is set on the 15 day of AUGUST, 2023, at 2:30 o’clock pm, in

the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

July 14, 21, and 28, 2023

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NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

BRIAN STANSELL,PLAINTIFF

Case No:CV-2023-900231

JASON HAYNES AND WIFE, ROSE HAYNES, at al.

DEFENDANTS

The Defendants, Jason Haynes and Rose Haynes, 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 1, Rebecca Addition, being a rearrangement of part of Lots 14 ½, 15, 16, and 17, of Block “B”, Gadsden Realty Company’s Subdivision, as recorded in Plat Book “D”, Page 59, in the Pro-bate Office of Etowah County, Alabama

Done the 20th day of June, 2023.

Casandra Johnson,

Clerk of the Circuit Court of Etowah County

June 23, 30, July 7 and 14, 2023

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NOTICE OF SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: DR-2022-900244

ERIC SPEARS, PLAINTIFF

TINA SPEARS, DEFENDANT

To: TINA SPEARS

You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Civil Action Number: DR-22-900244. You are hereby commanded and required to file with the Clerk of Court, and to serve upon 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.

Dates this the 26 day of June 2023

Cassandra Johnson Circuit Clerk

Tammy Watkins Parris

Parris Law Firm, PC

Attorney for Petitioner

945 Chestnut Street

Gadsden, AL. 35901

256-547-9222

July 14, 21, 28 and

August 4, 2023

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NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

THEODORE WEDGWOOD,Plaintiff,

vs.

CV-2023-900123.00

A PARCEL OF LAND DESCRIBED AS FOLLOWS:

For a point of beginning to describe the property herein, start at a point in the West line of the SE ¼ of the SE 1/4 where the same intersects the present North line of Tuscaloosa Ave., said point being 4 feet North, measured along said forty line, from the Southwest corner of said for-ty, and from thence run in an Easterly direction and along the present North line of Tuscaloosa Street, or Avenue, a distance of 197.5 feet, more or less, to the West line of the Railway right-of-way as located on the ground and referred to in Deed Record “3-D”, page 64, Probate Office; thence in a Northerly direction and along the West line of said Railway right-of-way as located on the ground, a distance of 190 feet to a point which is the point of beginning of the property herein described; thence from said beginning point run in a Northerly direction and along the West line of said Railway right-of-way line as located on the ground a distance of 50 feet to a point; thence in a Westerly direction and parallel with

the North line of said Tuscaloosa Street or Avenue a distance of 110 feet to a point;

thence in a Southerly direction and parallel with the West line of said Railway right-of-

way as located on the ground a distance of 50 feet to a point, thence in an Easterly

direction and parallel with the North line of said Tuscaloosa Street or Avenue a distance

of 110 feet to the point of beginning, and being a portion of the SE 1/4 of the SE 1/4 in

Section Thirty-two (32), Township Eleven (11) South of Range Six (6) East of Huntsville

Meridian, in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

LARRY MARBURY, MORAYMA MARBURY,

NONA JEAN HERRING, ALABAMA DEPARTMENT OF REVENUE INCLUDING ANY HEIRS OR DEVI-SEES OF THE SAME AND THOSE WHOSE ADDRESSES ARE UNKNOWN AND ANY AND ALL UN-KNOWN 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 Defendant, NONA JEAN HERRING, and/or her 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 THEODORE WEDGWOOD, 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 11th day of July, 2023.

/s/ Cassandra Johnson

Clerk of the Circuit Court of Etowah County

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, Alabama 35901

T: 256-547-7200

F: 256-467-6322

July 14, 21, 28, and

August 4, 2023

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ADVERTISEMENT FOR BIDS

PROJECT:

STORM DRAIN IMPROVEMENTS AT THE INTERSECTION OF

HIGHWAY 77 AND COVINGTON AVENUE S.E.

PROJECT NO. D-067

OWNER: The City of Attalla, Alabama

Separate sealed bids for the construction of the Storm Drain Improvements at the Intersection of Highway 77 and Covington Avenue S.E. Project will be received by The City of Attalla at the City Hall of Attalla at 612 4th Street NW, Attalla, AL, 35954 until 10:00 A.M. CDST on Thursday, August 3, 2023 in the Council Chambers and then at said place publicly opened and read aloud. The project will consist of removing old storm drain pipe and junction box and installing new storm drain pipe and junction boxes with grate inlets.

The Contract Documents may be examined at the Attalla City Hall or copies of the Contract Documents may be obtained from The City of Attalla Engineering Department. Upon request, documents will be shipped after all shipping and handling charges are collected.

The Owner reserves the right to waive any informalities or to reject any or all bids, and to award the contract to the lowest and responsible bidder. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Instruction to Bidders.

All Bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Engineer; the Bidder shall show such evidence by clearly displaying the license number on the outside of the envelope in which the Proposal is delivered.

No bidder may withdraw his bid within 60 days after the actual date of the opening thereof.

THE CITY OF ATTALLA

BY: Larry Means, Mayor

July 7, 14, and 21, 2023

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NOTICE TO TAXPAYERS

The assessed valuations of all property listed for taxation have been FIXED as provided by law, and the tax return lists showing thereon such assessed values are in the Office of the Revenue Commissioner and open for public inspection. Under the provisions of Title 40 Section 3, Para-graph 20, Code of Alabama 1975, any taxpayer who is not satisfied with the valuation of his property as fixed and entered on return lists as required herein, MUST file objections IN WRIT-ING TO MAKE AN APPOINTMENT WITHIN THIRTY DAYS FROM THE NOTICE DATE ON THE EVALUATION NOTICE BEING JULY 7, 2023 to such assessed valuations with the Secretary of the Board of Equalization DESCRIBING EACH ITEM OF PROPERTY AND REASONS FOR MAKING OBJECTIONS TO THE ASSESSED VALUATION THEREON.

The Board of Equalization will sit at the County Court House BEGINNING AUGUST 7, 2023, to consider such protest as herein provided and until all hearings are held. Notification will be mailed for date and time of each protest.

THE LAST DAY TO FILE FOR A HEARING WITH THE BOARD OF EQUALIZATION IS ON AUGUST 7, 2023.

Becky Nordgren

Revenue Commissioner Etowah County,Alabama

July 7, and 14, 2023

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LEGAL ZONING NOTICE

At a regular meeting of the City Council of Gadsden to be held in the Council Chamber at City Hall, First Floor, 90 Broad Street, Gadsden, Alabama on Tuesday, August 1, 2023, commencing at 11:00 a.m., a public hearing will be held to consider the adoption of an ordinance substantially as follows:

BE IT ORDAINED BY THE CITY COUNCIL OF GADSDEN, ALABAMA, that the Official Zoning Map of the City of Gadsden adopted by Ordinance No. O-02-82, as amended, is hereby further amended by changing the zoning classification district for the following described property from I-2, Heavy Industry District to I-1, Light Industry District:

Lots Eighteen (18), Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two (22), and Twenty-Three (23), in Block A of Mayfair Estates, as recorded in Plat Book “C,” Page 273, Probate Office, Etowah County, Alabama (street addresses being on Fields Avenue).”

Iva Nelson

City Clerk

July 7, and 14, 2023

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LEGAL ZONING NOTICE

BE IT ORDAINED BY THE CITY COUNCIL OF GADSDEN, ALABAMA, that the Official Zoning Map of the City of Gadsden adopted by Ordinance No. O-02-82, as amended, is hereby further amended by changing the zoning classification district for the following described property from O-1, Office District to B-2, General Business District:

Commence at an existing ½” rod at the Southwest corner of Lot No. Five, of E. L. Roberts South 4th Street Addition, as recorded in Plat Book “D,” Page 27, Probate Office, Etowah County, Alabama, on the Easterly ROW of South 4th Street and run N16°21’54” East, along said ROW, 278.10’ to the point of beginning of the property described herein; thence run N14°57’01” East, along said ROW, 324.42’ to an existing ½’ rebar on the approximate 511’ contour of Lake Neely Henry; thence leaving said ROW run the following chord bearings and distances along said con-tour, N51°29’19” East, 9.14’; S75°19’32” East, 54.77’; N88°15’03” East, 80.44’; S88°24’46” East, 60.03’; N11°01’21” East 66.91’ and S88°42’09” East, leaving said contour 14’ to an existing ½” rebar; thence run S01°17’51” West, 100.30’ to an existing ½ rebar; thence run N88°33’57” West, 68.90’ to an existing ¾” pipe; thence run S01°41’08” West, 62.03’ to an existing capped rebar; thence run S02°11’32” West, 202.37’ to an existing capped rebar; thence run S00°39’18” West, 29.21’ to an existing ½” rod; thence run N84°52’59” West, 230.90’ to the point of beginning. Said property being a portion of the N ½ of the SE ¼, S-9, T-12-S, R-6-E of the Huntsville Meridian, Etowah County, Alabama (street address being 808 South 4th Street).”

Iva Nelson

City Clerk

July 7, and 14, 2023

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LEGAL ZONING NOTICE

BE IT ORDAINED BY THE CITY COUNCIL OF GADSDEN, ALABAMA, that the Official Zoning Map of the City of Gadsden adopted by Ordinance No. O-02-82, as amended, is hereby further amended by changing the zoning classification district for the following described property from R-1, One-Family Residence District to I-1, Light Industry District:

A tract or parcel of land described as beginning at a point on the east line of the NE ¼ of the NE ¼ in S-12, T-12-S, R-5-E, which is 1040’ South of the Northeast corner thereof; thence South 88°25’ West, and parallel with the South line of said forty a distance of 272.98’ to the center of what is known as the South Eleventh Street Road; thence in a Southerly direction, and along the center of said road to a point which is 110’ South, measured at right angles from the line first here-in above described; thence East and parallel with the North line of said forty a distance of 230’ to a point in the East line of said forty; thence North and along the east line of said forty a distance of 106’ to the point of beginning; and being a portion of the NE ¼ of the NE ¼ in S-12, T-12-S, R-5-E of Huntsville Meridian, in Gadsden, Etowah County, Alabama (street address being 809 Vandell Boulevard).”

Iva Nelson

City Clerk

July 7, and 14, 2023

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LEGAL ZONING NOTICE

Notice is hereby given that on Thursday, the 27th of July, 2023, at 8:30 a.m., the Board of Adjustment of the City of Gadsden will hold a public hearing in the City Council Chamber, First Floor, at City Hall, 90 Broad Street, Gadsden, Alabama to give all persons who desire an opportunity to be heard in opposition to or in favor of the following request:

“A request for variance to construct an addition in the required side setback, to be located at its closet point approximately four feet from the property line, on the following described property:

Lot Number Twenty-Three in Block Number Thirteen in Clubview Heights Addition to Gadsden, according to the Plat thereof, recorded in Plat Book “B,” Page 224-227, in the Office of the Judge of Probate of Etowah County, Alabama (street address being 158 Fairoaks Street).”

July 7, and 14, 2023

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ORDINANCE NO. O-41-23

Amending City Code Section 90-92. – Begging or soliciting alms.

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

Section 1.Section 90-92 of the Code of Ordinances of the City of Gadsden is repealed and replaced to read as follows:

Sec. 90-92. – Panhandling, begging and solicitations

(a) Intent. The purpose and intent of this Ordinance is to recognize the constitutional right of persons to panhandle, including but not limited to solicit and beg, in a peaceful and non-threatening manner; however, an increase in aggressive panhandling and begging throughout the city has become extremely disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places but also to an enhanced sense of fear, intimidation, and disorder as well as actual danger to the health, safety and welfare of citizens and tourists alike. Aggressive panhandling and begging usually includes approaching or following pedestrians, repetitive requests for donations of money despite refusals, the use of abusive or profane language, unwanted physical contact, and the intentional, or as incident to the aggressive panhandling and begging, blocking of pedestrian and vehicular traffic. Additionally, the presence of panhandlers and beggars, who request money from persons in specific public areas such as outdoor cafes, automated teller machines, entrances and exits from buildings, and while standing in line to enter an event or a building, is especially troublesome because persons cannot readily escape from the undesired conduct, which often carries with it an implicit threat to both persons and property as well as incidental to the panhandling and begging activities the imperiling of the health, safety and welfare of the citizens of and visitors to the City of Gadsden by, among other things, blockage of ingress and egress from and into commercial businesses adjacent to public rights-of-way. Also, unless helped by regulation, some of the habits attributable to panhandlers, including but not limited to open urination and open defecation, pose a threat to the health, safety and welfare of citizens and tourists who visit the City of Gadsden.

This Ordinance is not intended to limit any persons from exercising their constitutional right to panhandle, including but not limited to beg, or solicit funds, or engage in any other constitutionally protected activity, when conducted in a legal manner. The goal of this Ordinance is instead to ensure the foregoing constitutional rights while through regulation acting to protect citizens from the fear and intimidation accompanying certain kinds of panhandling and begging that have become an unwelcome and overwhelming presence in the city by prohibiting aggressive panhandling and begging throughout the city and by regulating through time, place, and manner ordinance provisions regulating panhandling and begging in certain public places, based upon the foregoing significant, important and substantial governmental interests set forth in the predicate clauses and an overriding compelling governmental interest to protect the health, safety and welfare of the citizens of the City of Gadsden and visitors from the adverse secondary effects of solicitation, including panhandling and begging, in public areas. The restrictions contained in this Ordinance are neither overbroad nor vague and are narrowly tailored to serve a compelling and substantial governmental interest, and preserve ample alternative areas for the valid exercise of constitutional rights of solicitation which they do as set forth more particularly herein.

If such regulations were to be deemed to trigger strict scrutiny, certain behaviors attributed to panhandlers including but not limited to open urination and open defecation and the blockage of ingress and egress into and from commercial businesses and other public areas as well as the impedance of pedestrian walkways and other public rights-of-way implicates the compelling governmental interest of the City of Gadsden in protecting the health, safety and welfare of its citizenry and visitors in preserving police and fire department access to such rights-of-way in order to save lives.

(b) Definitions. For purposes of this Ordinance, the following words and phrases shall have the meanings ascribed to them as follows:

After dark means from one-half hour after sunset until one-half hour before sunrise. The times of sunset and sunrise will be established by the times listed in any local publication of general distribution.

Aggressive panhandling means:

a. To approach or speak to a person and demand, request or beg for money or a donation of valuable property in such a manner as would cause a reasonable person to believe that the person is being threatened with imminent bodily injury or the commission of a criminal act upon the person approached or another person in the solicited person’s company, or upon property in the person’s immediate possession (for example, placing oneself within two feet of a solicited person and/or using abusive or profane language in a loud voice while demanding or requesting money); or

b. To maintain contact with a solicited person and continue demanding, requesting or begging for money or a donation of valuable property after the solicited person has made a negative response to an initial demand or request for money or a donation (for example, walking in front of, next to, or behind a solicited person while continuing to demand, request or beg for money from that person after that person has refused to donate or give money); or

c. To obstruct, block or impede, either individually or as part of a group of persons, the passage or free movement of a solicited person or a person in the company of a solicited person, including persons on foot, on bicycles, in wheelchairs or operating motor vehicles or persons attempting to enter or exit motor vehicles (for example, walking, standing, sitting, lying, or placing an object in such a manner as to block passage of another person or vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact); or

d. To touch or cause physical contact to a solicited person or a person in the company of a solicited person, or to touch any vehicle occupied by a solicited person or by a person in the company of the solicited person, without the person’s express consent; or

e. To engage in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to accede to demands.

Panhandle means to beg or make any demand or request made in person for an immediate donation of money or some other Ordinance of value from another person for the use of one’s self or others, including but not limited to for a charitable or sponsor purpose or that will benefit a charitable organization or sponsor. As used in this Ordinance, the word “solicit” and its forms are included in this definition. Panhandling is considered as having taken place regardless of whether the person making the solicitation received any contribution. Any purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, constitutes a donation as contemplated in this definition. Begging is included in this definition of panhandling. Soliciting is including in this definition of panhandling.

Prohibited areas for panhandling including but not limited to soliciting and begging means the following locations throughout the city in which it is unlawful to engage in panhandling, including but not limited to solicitation or begging, when either the panhandler or beggar or the person being panhandled is located in, on or at the following locations:

a. Within 20 feet, in any direction, from any entrance or exit of commercially zoned property;

b. Within 20 feet, in any direction, of any bus or trolley stop or any public transportation facility;

c. Within 20 feet, in any direction, of an automated teller machine or any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account with a financial institution;

d. Within 20 feet, in any direction, of any parking lot, parking garage, parking meter or parking pay station owned or operated by the city;

e. Within 20 feet, in any direction, of any public restroom owned and operated by a governmental agency;

f. Within 100 feet, in any direction, of any daycare or school, including pre-kindergarten through grade 12;

g. Within 150 feet of any signalized intersection of: 1) arterial roads; 2) collector roads; and 3) arterial and collector roads, as such roads are defined by the Alabama Department of Transportation;

(1) It shall be unlawful for any person to engage in aggressive panhandling on any sidewalk, highway, street, roadway, right-of-way, parking lot, park, or other public or semi-public area or in any public building lobby, entranceway, plaza or common area, public forum or limited public forum within the city limits of the City of Gadsden.

(2) It shall be unlawful for any person to engage in aggressive panhandling on private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.

(3) It shall be unlawful for any person to engage in panhandling when either the person engaged in panhandling or the panhandler or the person being panhandled, is located in, on or at the following locations:

a. Within 20 feet, in any direction, from any entrance or exit of commercially zoned property;

b. Within 20 feet, in any direction, of any bus or trolley stop or any public transportation facility;

d. Within 20 feet, in any direction, of any parking lot, parking garage, parking meter or parking pay station owned or operated by the city;

e. Within 20 feet, in any direction, of any public restroom owned and operated by a governmental agency;

f. Within 100 feet, in any direction, of any daycare or school, including pre-kindergarten through grade 12;

g. Within 150 feet of any signalized intersection of: 1) arterial roads; 2) collector roads; and 3) arterial and collector roads;

(4) It shall be unlawful for any person to engage in the following prohibited conduct:

a. Approach an operator or other occupant of a motor vehicle for the purpose of panhandling, soliciting or begging, or offering to perform a service in connection with such vehicle, or otherwise soliciting the sale of goods or services, if such panhandling, soliciting or begging is done in an aggressive manner;

b. Panhandle or solicit or beg at any lawfully permitted outdoor dining area amphitheater, amphitheater seating area, playground or lawfully permitted outdoor merchandise area, provided such areas are in active use at the time;

c. Panhandle, solicit or beg at any transit stop or taxi stand or in a public transit vehicle;

d. Panhandle, solicit or beg while the person or persons being solicited is standing in line waiting to be admitted to a commercial establishment;

e. Panhandle, solicit or beg by touching the person or persons being solicited without that person’s consent;

f. Panhandle, solicit or beg with the use of profane or abusive language during the solicitation or following an unsuccessful solicitation;

g. Panhandle, solicit or beg by or with the use of any gesture or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation;

h. Panhandle, solicit or beg while under the influence of alcohol or after having illegally used any controlled substance, as defined by §13A-11-10, Ala Code, 1975; or

i. Panhandle, solicit or beg after dark.

(d) Penalty. Any person found guilty of violating the provisions of this section shall be punished in the manner prescribed in section 1-7 of this Code.

Section 3. The section, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable. If any section, subsection, paragraph, sentence, clause and phrase of this ordinance is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this ordinance. The city council declares that it is its intent that it would have enacted this ordinance without such invalid or unconstitutional provisions.

Section 4.The provisions of this ordinance repeal any prior ordinance or provision of the Gadsden City Code to the extent of any conflict.

Section5. This ordinance shall become effective on July 5, 2023.

Adopted this ordinance at an open public meeting held on July 5, 2023.

Iva Nelson, City Clerk

July 14, 2023

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NOTICE OF PUBLIC HEARING

YOU ARE HEREBY NOTIFIED OF A PUBLIC HEARING OF THE RAINBOW CITY COUNCIL TO BE HELD ON MONDAY, JULY 24, 2023 at 5:00 p.m.

IN THE CITY COUNCIL CHAMBERS RAINBOW CITY MUNICIPAL BUILDING 3700 RAINBOW DRIVE

Notice of Public Meeting on a Proposed Economic Development Agreement

Thrasher Investment Group, LLC

The City Council of the City of Rainbow City, Alabama, will hold a public hearing on Monday, July 24, 2023, at 5:00 p.m., to consider the adoption of a resolution authorizing an Economic Development Agreement with Thrasher Investment Group, LLC to be located at 1151 Deerfoot Industrial Park in Rainbow City, Alabama. This new business proposes to have a capital investment of $2,100,000.00. The owners have requested financial assistance from the City of Rainbow City to make this proposed project feasible. The City of Rainbow City proposes to grant a one-time donation of chert not to exceed 200 triaxel loads with a value of $14,000.00 to Thrasher Investment Group, LLC. You are invited to be present at the public hearing and express your opinion on the proposed agreement and whether it serves a valid and sufficient public purpose.

Beth Lee, City Clerk

July 14, 2023

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NOTICE OF COMPLETION

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, Bob Smith Construction, Inc. hereby gives written notice of the completion of a contract with the City of Gadsden, Alabama, for the Noccalula Falls Gorge Trail Pedestrian Access Improvements, project no. 21-RT-54-04, and has made request for final settlement of said Contract. This notice is to appear for four consecutive weeks beginning July 14, 2023 and ending on August 4, 2023. All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify Heath Williamson, Architect for City of Gadsden, P.O. Box 267, Gadsden, AL 35902-0267 during this period.

July 14, 21, 28, and August 4, 2023

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LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on July 14, 2023, beginning at 9:00 A.M. on the premises of 77 Storage located at 2800 Forestdale Road, Southside, Al. 35907.

Krystel Davidson – Unit #A46

77 Storage

2800 Forestdale Road

Southside, AL 35907

July 7 and 14, 2023

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NOTICE OF SALE

Notice is hereby by given that the Contents of the following storage building will be sold by Off Campus Storage on Friday July 21, 2023 at 10:00 AM at 474 George Wallace Drive Gadsden, Alabama, 35903.

Tamika Leek – Unit 136

Off Campus Storage

474 George Wallace Drive

Gadsden, AL. 35903

July 14 and 21, 2023

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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 8/25/2023 at 9:00 AM.

2002 Nissan Altima VIN: JN1DA31D42T430443

2003 Pontiac Sunfire VIN: 1G2JB2 4817330283

2005 Ford TaurusVIN: 1FAF P56U15A292326

1993 Dodge RAM Van VIN: 2B6HB21Y6PK512887

Thacker Towing

927 5th Ave NE

Attalla, AL 35954

(256) 546-9994

July 7 and 14, 2023

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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 08/14//2023 at 9:00 AM.

2003 Mercury Grand Marquis VIN: 2MEFM75WX3X6631748

Matt’s Towing

2000 Hickory Street

Gadsden, AL. 35904

July 7 and 14, 2023

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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 8/11/2023 at 9:00 AM.

2014 Nissan Pathfinder VIN: 51AR2MN0EC709170

Matt’s Towing

2000 Hickory Street

Gadsden, AL. 35904