Legals for 8/16 – 8/22/2019

NOTICE OF CIVIL ACTION TO QUIET TITLE TO REAL PROPERTY

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

Case Number: CV-2019-900613

JAMES CHARLES BELLEW,

PLAINTIFF,

PRAJEDES GARCIA CASTILLO, AND HIS HEIRS AND DEVISEES, IF DECEASED, AND THE FOLLOWING AND THE FOLLOWING DESCRIBED PARCEL OF REAL PROPERTY, SITUATED IN ETOWAH COUNTY, ALABAMA, TO-WIT: FOR A POINT OF BEGINNING COMMENCE AT THE INTERSECTION OF THE NW RIGHT-OF-WAY LINE OF THIRD STREET WITH THE SW RIGHT-OF-WAY LINE OF SEVENTH AVENUE NW; THENCE RUN NORTHWESTERLY ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SEVENTH AVENUE NW A DISTANCE OF 124.50 FEET TO A POINT; THENCE DEFLECT LEFT 90̊00’00” AND LEAVING SAID RIGHT-OF-WAY RUN SOUTHWESTERLY A DISTANCE OF 50.00 FEET TO A POINT; THENCE DEFLECT LEFT 90̊00’00” AND RUN SOUTHEASTERLY A DISTANCE OF 124.50 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THIRD STREET; THENCE DEFLECT 90̊00’00” AND RUN NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THIRD STREET A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, SAID TRACT EMBRACING A PORTION OF LOT NUMBER 8 IN BLOCK NUMBER 14 OF THE ORIGINAL SURVEY OF ATTALLA, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK “A”, PAGES 226 AND 227, PROBATE OFFICE, ETOWAH COUNTY, LYING AND BEING IN ATTALLA, ALABAMA.

DEFENDANTS.

NOTICE ISSUED TO THE FOLLOWING: Prajedes Garcia Castillo and his heirs and devisees, if deceased, and all other persons claiming any present, future, contingent, reversion, or other interest in the above described real property.

Please take notice that James Charles Bellew has filed an action in the Circuit Court of Etowah County, Alabama seeking to quiet title to the above described real property. The above named defendant, whose whereabouts are unknown, must answer said Complaint on or before October 6, 2019, or thereafter a judgment by default may be rendered against said Defendants in Etowah County Circuit Court Case Number: CV-2019-900613.

DONE this 9th day of August, 2019.

Jonathan M. Welch

Attorney for Plaintiff

1925 Rainbow Drive

Gadsden, Alabama 35901

August 16, 23, 30 and September 6, 2019

FILE CLAIMS

Jennifer Green appointed Personal Representative on 07/25/2019 Estate of Larry Wayne 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

August 16, 23 and 30, 2019

FILE CLAIMS

John Kenneth Guthrie, Jr. appointed Personal Representative on 07/26/2019 Estate of Phyllis Ella Mae Luhrs 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

August 16, 23 and 30, 2019

FILE CLAIMS

Jacob Millican appointed Personal Representative on 07/30/2019 Estate of Moses Jackson 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

August 16, 23 and 30, 2019

FILE CLAIMS

Curt Andrew Misko and Julie Misko Rietze appointed Personal Representative on 07/23/2019 Estate of Robert R. Misko 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

August 16, 23 and 30, 2019

FILE CLAIMS

Donald W. Sutton appointed Personal Representative on 07/26/2019 Estate of Janis Hollon Sutton 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

August 16, 23 and 30, 2019

FILE CLAIMS

Brenda Gail Wright appointed Personal Representative on 07/25/2019 Estate of Nancy Juanise Barron 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

August 16, 23 and 30, 2019

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by _ Carlos P Camp and Elaine B Camp, husband and wife, to AmSouth Bank, on March 22, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3244688; 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, to-wit:

LOT NUMBER THREE(3)0F RAINBOW ISLAND RESIDENTIAL SUBDIVISION

ACCORDING TO MAP OR PLAT APPEARING OF RECORD IN PLAT BOOK “H”,

PAGE 126,IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, AND

LYING AND BEING IN RAINBOW CITY, 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, Longshore & Tingle

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

THIS FORECLOSURE SALE HAS BEEN CONTINUED TO

09/11/2019

AT THE TIME AND PLACE SET OUT ABOVE

August 16, 2019

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jason R. Coleman and Amanda E. Coleman, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Home Mortgage of America, Inc., on the 28th day of May, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3386141; the undersigned Wells Fargo Bank, N.A., as Mortgagee/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, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on April 25, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Five (5) and Lot Number Six (6) of H.J. Foreman’s Subdivision according to the map thereof as recorded in Plat Book E, Page 33, Probate Office, Etowah County, Alabama and lying and being in Etowah County, Alabama.

Property street address for informational purposes: 611 Tabor Rd, Gadsden, AL 35904

THIS PROPERTY WILL BE SOLD ON AN “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.

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

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, 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.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Wells Fargo Bank, N.A., Mortgagee/Transferee

The above mortgage foreclosure sale has been postponed until 06/06/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

The above mortgage foreclosure sale has been postponed until 07/11/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

The above mortgage foreclosure sale has been postponed until 08/08/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

The above mortgage foreclosure sale has been postponed until 09/19/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P.O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

347882

August 16, 2019

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on April 7, 2010 by Lee E. Cherry, a single person, originally in favor of Wells Fargo Bank, N.A., and recorded in Instrument Number at 3330725 on April 20, 2010, in the Office of the Judge of Probate of Etowah County, Alabama. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on September 16, 2019, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

ALL THAT CERTAIN PARCEL OF LAND SITUATED IN ETOWAH COUNTY, STATE OF ALABAMA, BEING KNOWN AND DESIGNATED AS LOTS NUMBERS SIXTEEN (16) AND SEVENTEEN (17) IN BLOCK NUMBER TEN (10) IN GOODYEAR HIGHLANDS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “C”, PAGE 82 AND 83, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA.

BEING THAT SAME PROPERTY AS CONVEYED TO LEE E. CHERRY BY DEED FROM ROBERT L. CHEARWOOD, MARRIED AND EDNA C. WHORTEN AND MOLIENE C. LINDSEY AND BARBARA C. THRASHER AS SET FORTH IN DOC # D-2004-1813 DATED 04/29/2004 AND RECORDED 05/04/2004, ETOWAH COUNTY RECORDS, STATE OF ALABAMA.

For informational purposes only, the property address is: 414 Taylor St, Gadsden, AL 35903.

Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro & Ingle, LLP at the address indicated below. Shapiro & Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Wells Fargo Bank, N.A., and its successors and assigns

Mortgagee or Transferee

SHAPIRO & INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 19-018139

Attorneys for Mortgagee or Transferee

August 16, 23, and 30, 2019

MORTGAGE FORECLOSURE NOTICE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jason Mitchell Walker and wife, Angela Beth Walker, to Keystone Bank on the 3rd day of October, 2014, said mortgage being recorded at Instrument #3408383, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 9th day of September, 2019, the following described real estate situated in Etowah County, Alabama, to-wit:

Commencing at the NW Corner, SE 1/4 , SW ¼, Section 9, T12S, R4E, and running thence S66°30’E for a distance of 395.59 ft. to a point where the South right of way line of the Gallant-Attalla Hwy. (Etowah 35) intersects with the North line of a public road. Said point being the point of beginning. Beginning at this point and running S81°52’E and along the North line of said public road for a distance of 68.46 ft. to a point, thence run S89°33’E and continue along the North side of said road for a distance of 200.00 ft. to a point, thence run N72°33’E and continue along said road for a distance of 40.00 ft. to a point, thence run N46°58’E and continue along said road a distance of 75.00 ft. to a point, thence run N41°23’E and continue along said road for a distance of 100.00 ft. to a point where said road intersects again with the Gallant-Attalla Hwy., thence run in a Southwesterly direction and along the South right of way line of said highway for a distance of 527.10 ft. to the point of beginning. Said parcel being bounded by the Gallant-Attalla Hwy. on the North side and a public road on all other sides and being situated in and part of the SE ¼, SW ¼, Sec. 9, T12S, R4E, County of Etowah, State of Alabama. Containing 70/100 acres, more or less.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses 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.

RIVER BANK & TRUST fka Keystone Bank

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick &

Smith, P.C.

August 16, 23 and 30, 2019

NOTICE OF DISSOLUTION

Lindeen & Associates dba Sugar Moon Restaurant

Notice of hereby given that the company known as the Lindeen & Associates dba Sugar Moon Restaurant, Filed Articles of Dissolution in Etowah County, Alabama, on March 22, 2019. Any person with a claim against this company must present such a claim in writing, including a description of the nature of the claim, the events out of which the claim arose and the amount of the claim, and send to the following address:

AFM of Alabama, Inc.

P O Box 36367

Birmingham, AL 35236-6367

A claim against this company will be barred unless a proceeding to enforce such claim is commenced within two years after the date of publication of this notice.

August 16, 2019

RESOLUTION NO. R-293-19

Ordering Abatement of Nuisance

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

422 HERZBERG CIRCLE in District 4 in the City of Gadsden, more particularly described as:

Lot Number Fourteen (14) in Block 1-A, in Shoreland Estate, Inc., First Addition to Broadview, according to the map or plat thereof, as recorded in Plat Book “C”, page 383, Probate Office, Etowah County, Situated in 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 Tuscacal, LLC., 2084 Valleydale Road, Birmingham, AL, Mutual Savings, 2040 Valleydale Road, Birmingham, AL.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
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 August 6, 2019.

Iva Nelson, City Clerk

August 16, 2019

RESOLUTION NO. R-294-19

Ordering Abatement of Nuisance

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

2000 RAINBOW DRIVE (COMMERCIAL BUILDING) in District 4 in the City of Gadsden, more particularly described as:

Begin at the intersection of the Southwesterly right of way line of Ridgeway Avenue and the Southeasterly right of way line of Rainbow Drive (U.S. 411), and run Southwesterly along the Southeasterly right of way line of Rainbow Drive a distance of 100 feet; thence deflect 89 56′ left and run Southeasterly along the Southwesterly line of Lots Number One (1) and Twelve (12), Block Number Two (2) of Clubview Heights a distance of 125.0 feet; thence deflect 90 04′ left and run a distance of 100.0 feet to a point in the Northeasterly line of Lot Number Twelve (12), Block Number Two (2): thence deflect 89 56′ left and run Northwesterly along the Northeasterly line of Lots Number Twelve (12) and One (1), Block Number Two (2), which is also the Southwesterly right of way line of Ridgeway Avenue a distance of 125.0 feet to the point of beginning. Said parcel of land being a portion of Lots Number One (1) and Twelve (12) of Block Number Two (2) of Clubview Heights, as recorded in Plat Book “B”, Pages 224, 225, and 226, in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden, 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 ROBERT CHAPMAN, 2000 Rainbow Drive, Gadsden, AL, mortgage in favor of JOE RONALD JOHNSON and wife BETTY A. JOHNSON,

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
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 August 6, 2019.

Iva Nelson, City Clerk

August 16, 2019

RESOLUTION NO. R-295-19

Ordering Abatement of Nuisance

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

106 N. 28TH STREET in District 6 in the City of Gadsden, more particularly described as:

Lots Number One Hundred Nineteen (119) in the Shahan and Walshe Central Alabama City Addition, according to the map thereof recorded in Plat Book “E”, pages 184 and 185, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, (formerly Alabama City), 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 NICHOLE JACKSON CLARK, 7340 Richmond Road, Oakwood Village, OH.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
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 August 6, 2019.

Iva Nelson, City Clerk

August 16, 2019

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 9/20/2019.

2007 Chevrolet Tahoe VIN: 1GNFK13037J360610

2000 Cadillac Deville VIN: 1G6KD54Y6YU274708

ER TOWING & RECOVERY

1733 FORREST AVE,

GADSDEN, AL. 35901

256-547-1549

AUGUST 16 AND 23, 2019