Legals for 8/09/2024 – 8/15/2024

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MORTGAGE FORECLOSURE NOTICE

STATE OF ALABAMA, COUNTY OF ETOWAH

DEFAULT HAVING BEEN MADE in the payment of the indebtedness secured by that certain Mortgage and Security Agreement executed to Liberty Bank by TERRI LYNN GRIFFIN JENKINS, a married person, which Mortgage is dated October 31, 2007, and which was recorded on November 5, 2007 in Instrument Number 3282660 in the Office of the Judge of Probate of Etowah County, Alabama; and that certain Amendment to Mortgage and Security Agreement executed to Liberty Bank by TERRI LYNN GRIFFIN JENKINS, a married person, which is dated April 16, 2008, and which was recorded on May 5, 2008 in Instrument Number 3293576 in the Office of the Judge of Probate of Etowah County, Alabama; and that certain Mortgage executed to Liberty Bank by TERRI JENKINS TIDWELL, a married person, which mortgage is dated June 30, 2012, and which was recorded on July 23, 2012 in Instrument Number 3370554 in the Office of the Judge of Probate of Etowah County, Alabama;

And default continuing, notice hereby is given that under the power of sale contained in said mortgages, I will, on behalf of Liberty Bank proceed to sell on August 13, 2024, during the legal hours of sale, to-wit:  11:00 o’clock a.m. to 4:00 o’clock p.m., in front of the main entrance to the Etowah County Courthouse in Gadsden, Alabama, to the highest, best, and last bidder for cash, the following described real property situated in Etowah County, Alabama, and described as follows:

For a point of beginning, commence at the Southwest Corner of Tract Number Ten (10), J.C. Mitchell Farm Tracts, according to the map of plat thereof, recorded in Plat Book “F”, Page 299, Probate Office, Etowah County, Alabama, said point being on the Easterly right-of-way line of Tabor Road; thence from said point of beginning run due East 669.27 feet to the quarter-quarter line; thence run North 01 degree 36 minutes West along the existing fence line a distance of 300.20 feet to a point; thence due West 626.49 feet to a point on the East right-of-way line of Tabor Road; thence run Southerly along Tabor Road right-of-way line a distance of 301.80 feet to the point of beginning, said tract embracing a portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW ¼), Section Fifteen (15), Township Eleven (11) South, range Six (6) East, Tracts Number Ten (10) and Eleven (11), J.C. Mitchell Farm Tracts, according to the map or plat thereof, recorded in Plat Book “F”, Page 209, Probate Office, Etowah County, lying and being in Etowah County, Alabama.

Terri Lynn Griffin Jenkins is one and the same person as Terri Lynn Griffin and is one and the same person as Terri Jenkins Tidwell and is one and the same person as Terri Lynn Griffin Jenkins Tidwell.  The property described above was not the homestead of the Mortgagor or her spouse at the time the mortgages were executed.

Said sale is for the purpose of securing payment of the indebtedness secured by said mortgages, together with the costs 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 a part of the foreclosure process.

NIKKI PARRISH SCOTT, ATTORNEY AT LAW, LLC

Attorney for Mortgagee

/s/ Nikki Parrish Scott

NIKKI PARRISH SCOTT

411 ALABAMA AVENUE, SW

FORT PAYNE, ALABAMA 35967

Tel: (256) 845-7000

July 26, August 2, and 9, 2024

__________________

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Timothy DeWayne Presley and wife, Donna June Presley, to NationsCredit Financial Services Corporation of Alabama, on October 24, 1997, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on October 28, 1997 at Book 1997, at Page 301, as Document Number M-1997-3836. U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset Backed Certificates, Series 2007-RP1, 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 September 4, 2024, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

That part of the NW1/4 of the SW1/4 and that part of the South 1/2 of the NE1/4 of the SW1/4 of Section 8, T.10S., R.6E., in Etowah County, Alabama and being more particularly described as follows: Commencing at the NE corner of the above NW1/4 of the SW1/4; Thence S-01°-15’E, a distance of 847.8 feet to the point of beginning for the parcel herein described; thence N-88°-45’-E, a distance of 110.3 feet to a metal marker in the centerline of Paved County Road; thence S-07°-01’-W along said centerline, a distance of 290.0 feet to a metal marker; Thence leaving said centerline S-88°-08’-W, a distance of 281.1 feet to a metal marker; Thence N-01°-15’-W, a distance of 290.0 feet to a metal marker; Thence N-88°-45’-E, a distance of 212.5 feet to the point of beginning and containing 2.0 acres more or less.

More commonly known as: 2295 Brow Rd, Boaz, AL 35956

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 its purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

U.S. Bank National Association, as Trustee, for the C-BASS Mortgage Loan Asset Backed Certificates, Series 2007-RP1 (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

August 2, 9, and 16, 2024

__________________

NOTICE OF FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated March 31, 2008, executed by Clara C. McGowan, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, which mortgage was recorded on April 2, 2008, in Instrument Number 3291519, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama and which mortgage was duly transferred and assigned to CitiMortgage, 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 January 17, 2024, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Twenty (20) and the North 25 feet of Lot Nineteen (19), Block Two (2) in Edgewood Addition, as shown by the map or plat thereof, recorded in Plat Book “D”, page 247, Probate Office, Etowah County, Alabama. This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

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

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

CitiMortgage, Inc.

Transferee

The sale provided for hereinabove was postponed on the 17th day of January, 2024; was further postponed on the 24th day of April, 2024; was further postponed on the 31st day of July, 2024, by public announcement being made at the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale. Said foreclosure sale shall be held on the 11th day of September, 2024, at the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale.

Robert J. Wermuth/jmm

Padgett Law Group

4245 Balmoral Drive SW, Suite 101

Huntsville, AL 35801

Attorney for Mortgagee

August 9, 2024

__________________

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 Brian K Stovall, Jr And Brandy M Stovall Husband And Wife to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Crescent Mortgage Company, A Delaware Corporation, its successors and assigns dated January 26, 2012; said mortgage being recorded on February 1, 2012, as Instrument No. 3361666 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to PNC Bank, National Association in Instrument 3566443 in the Office of the Judge of Probate of Etowah County, ALABAMA.

The undersigned, PNC Bank, National Association, 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 11th day of September, 2024 the following property, situated in Etowah County, Alabama, to-wit:

Lots 72, 73, 74 and 75 in Tanglewood Subdivision Unit 2 as recorded in Plat Book H, Page 57, Probate Office, Etowah County, Alabama, and lying and being in Hokes Bluff, Etowah County, Alabama.

Said property is commonly known as 5088 Tanglewood Trail North, Hokes Bluff, AL 35903.

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

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

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

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

PNC BANK, NATIONAL ASSOCIATION

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

505 20th Street North, Suite 1775

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 24-06155AL

www.foreclosurehotline.net

August 9, 16, and 23, 2024

__________________

FILE CLAIMS

Richard Andrew Rhea was/were appointed Personal Representative(s) on 07/08/2024 to the Estate Janie Mae Minton, 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 2, 9, and 16, 2024

__________________

FILE CLAIMS

Samantha K. Murphy was/were appointed Personal Representative(s) on 06/27/2024 to the Estate Steven Wayne Weaver, 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 2, 9, and 16, 2024

__________________

FILE CLAIMS

Timothy Alan Carroll was/were appointed Personal Representative(s) on 07/09/2024 to the Estate of John Daniel Carroll, 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 2, 9, and 16, 2024

__________________

FILE CLAIMS

Richard A. Rhea was/were appointed Personal Representative(s) on 06/20/2024 over the Estate of Iline Peppers, 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 2, 9, and 16, 2024

__________________

FILE CLAIMS

William Rodney Rich and Kim Dewayne Rich was/were appointed Personal Representative(s) on 07/09/2024 to the Estate of Newt William Rich, 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 2, 9, and 16, 2024

_____________________

FILE CLAIMS

Vera Baker was/were appointed Personal Representative(s) on 07/11/2024 over the Estate of William Glenn Baker, Sr., 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 2, 9, and 16, 2024

____________________

FILE CLAIMS

Rebecca Lynn O’Bryant Noojin was/were appointed Personal Representative(s) on 07/08/2024 to the Estate of James L. Graham, 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 2, 9, and 16, 2024

____________________

FILE CLAIMS

Leslie Moon Kimbril and Laurie Dean Wardlow was/were appointed Co-Personal Representative(s) on 07/09/2024 to the Estate of Jane D. 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

August 2, 9, and 16, 2024

__________________

FILE CLAIMS

Knox Sharp, Jr. and Karen Sharp Alexander was/were appointed Personal Representative(s) on 07/17/2024 to the Estate Joy Louise Sharp, 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 2, 9, and 16, 2024

_________________

FILE CLAIMS

Sandra Martin was/were appointed Personal Representative(s) on 07/08/2024 to the Estate of Roberta C. 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

August 9, 16, and 23, 2024

________________

FILE CLAIMS

Sanford Willis was/were appointed Personal Representative(s) on 07/08/2024 to the Estate of John Disque Agricola, Sr., 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 9, 16, and 23, 2024

__________________

FILE CLAIMS

Sandra Henry was/were appointed Personal Representative(s) on 06/21/2024 to the Estate of Oma Logene Studdard, 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 9, 16, and 23, 2024

________________

FILE CLAIMS

Pamela Denise Watson was/were appointed Personal Representative(s) on 07/08/2024 to the Estate of Norma Stephens, 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 9, 16, and 23, 2024

________________

FILE CLAIMS

Sherry E. Young was/were appointed Personal Representative(s) on 07/09/2024 to the Estate of Maverene Dobbs Kennedy, 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 9, 16, and 23, 2024

_________________

NOTICE OF PUBLIC HEARING

The Board of Adjustments will hold a public hearing on Monday, August 19, 2024 at 5:00 p.m. in the Council chambers of Attalla City Hall located at 612 4th Street NW, Attalla, AL 35954. The following items will be considered:

Variance requested and filed by Don Smith regarding property located at the intersection of Burke Avenue and Jones Street, adjacent to 603 Jones Street, SE in Attalla, Alabama. A variance is requested by Don Smith to approve building a house on a lot that is smaller than the R-1 Zoning requires.

August 9 and 16, 2024

___________________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: BILLY HARRIS, ALLEGED INCAPACITATED 

Case #: 2024-462

TO: Cynthia Elaine Harris Schaffer, Robert Harris, Robert Harris, Jr. and any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP, CONSERVATORSHIP, PROTECTIVE PLACEMENT AND/OR SERVICES of the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 22nd day of AUGUST

2024 at 1:30 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 24TH DAY OF JULY 2024

Scott Hassell

PROBATE JUDGE

August 2, 9, and 16, 2024

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: BARBARA WILBURN, ALLEGED INCAPACITATED

Case #: 2024-469

TO: Jeanna Dunn and any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP, CONSERVATORSHIP, PROTECTIVE PLACEMENT AND/OR SERVICES of the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 22nd day of AUGUST

2024 at 1:30 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 26TH DAY OF JULY 2024

Scott Hassell

PROBATE JUDGE

August 2, 9, and 16, 2024

____________

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

Notice to: Barbara Files, whose whereabouts are unknown

Unknown family members, whose whereabouts are unknown

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

and a Petition for Letters of Conservatorship over the estate of Roy Files was filed by Riverview Regional Medical Center on the 22 day of July 2024.

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

Conservatorship is set on the 19th day of AUGUST 2024, at 1:30 p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

July 26, August 2 and 9, 2024
_____________

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

Notice to: David Walthall, whose whereabouts are unknown

Unknown family members, whose whereabouts are unknown

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

McNenly and a Petition for Letters of Conservatorship over the estate of Shiela McNenly was filed by Riverview Regional Medical Center on the 22nd day of JULY, 2024.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 20th day of AUGUST 2024, at 1:00 P.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

July 26, August 2 and 9, 2024

_____________

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

Notice to: Unknown family members, whose whereabouts are unknown

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

Morgan and a Petition for Letters of Conservatorship over the estate of Deborah Morgan was filed by Riverview Regional Medical Center on the 22ND day of July, 2024.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 20th day of AUGUST 2024, at 1:30 p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

July 26, August 2 and 9, 2024

_____________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: AARON ANDREWS, DECEASED.

CASE NO: 2024-00484

Notice is hereby given that on August 14, 2024 at 10:30 a.m. a hearing is set to be heard in the Probate Court of Etowah County, Alabama on the disposition of the remains of Aaron Andrews, date of birth: August 30, 1955, date of death: July 7, 2024 and last known address being Northside Healthcare, 700 Hutchins Avenue, Gadsden, AL 35901.

This the 5th day of August 2024.

Scott W. Hassell

JUDGE OF PROBATE COURT

August 9, 2024

____________

NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

Chris Baker, Plaintiff

V.

Case No.: CV-2024-900232.00

Mary C. Edwards, Defendant.

The Defendant, Mary C. Edwards, whose whereabouts is 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:

Commence at a point where the north line of Section 24, Township 11 South, Range 7 East, intersects the centerline of a county road, said point being 2318.90 feet (more or less) west of the N.E. corner of Section 24, thence run southeasterly along said centerline a distance of 300.25 feet to a point, thence deflect 26 degrees and 16 minutes to the left and continue southeasterly along said centerline a distance of 624.75 feet to a point, thence deflect 92 degrees and 25 minutes to the right and run in a southerly direction a distance of 30.0 feet to a point on the southerly R.O.W. line of said county road, said point being the point of beginning, thence from point of beginning continue in a southerly direction a distance of 210.0 feet to a point, thence deflect to the left so as to form an interior angle of 90 degrees and run in a southeasterly direction a distance of 210.0 feet to a point, thence deflect to the left so as to form an interior angle of 90 degrees and run in northeasterly direction a distance of 218.75 feet to angle on the southerly R.O.W. line of said county road, thence deflect to the left so as to form an interior angle of 87 degrees and 35 minutes and run northwesterly along the southerly R.O.W. line of road a distance of 210.30 feet to a point, said point being the point of beginning of the above described tract of land containing one acre (more or less) and embracing a portion of the NW1/4 of the NE1/4 of Section 24, Township 11 South, Range 7 East, and lying and being in Etowah County, Alabama.

Done the 10th day of July, 2024.

/s/ William B. Ogletree

Circuit Judge

/s/Jason Knowles

Jason Knowles, Attorney for Plaintiff

July 19, 26, August 2, and 9, 2024

_____________

NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

DONALD BERKEY and JUANITA BERKEY, PLAINTIFFS

v. CV-2024-72

WILLIAM TAYLOR, and those fictitious defendants whose identities and whereabouts are unknown, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in the lands described herein,

DEFENDANTS

The Plaintiffs have filed a Complaint to Foreclose the Right to Redeem and Quiet Title as to the following property:

Lot 6, Block 2 of the Goodwater Heights Addition as recorded in Plat Book B, Page 279 as recorded in the Office of the Judge of Probate, Etowah County, Alabama.

The Defendant, William Taylor, and/or his heirs and next of kin, and any other individuals who may claim an interest in the above described property, whose whereabouts are unknown, must answer Plaintiff’s Complaint within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.

Done the 29 day of July, 2024.

CASSANDRA JOHNSON,

Clerk of the Circuit Court of Etowah County

Josh Sullivan

Knowles & Sullivan, LLC

413 Broad Street

Gadsden, AL. 35901

256-547-7200

August 2, 9, 16 and 23, 2024

____________

PUBLICATION NOTICE

IN THE CIRCUIT COURT OF ETOWAH COUNTY STATE OF ALABAMA

WILMINGTON SAVINGS FUND SOCIETY, 

FSB, D/B/A CHRISTIANA TRUST, NOT

INDIVIDUALLY BUT AS TRUSTEE FOR 

PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff,

Civil No. 31-CV-2023-900387.00

vs. LOT THREE (3) IN BLOCK TWO (2) IN GRAHAM HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK “F”, PAGE 71, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA,

and 

CARRIE HUNTER AND HER HEIRS OR DEVISEES, IF DECEASED, RICHARD HUNTER, JR. AND HIS HEIRS OR DEVISEES, IF DECEASED, ERMA HUNTER THOMAS AND HER HEIRS OR DEVISEES, IF DECEASED,ROBERT LEWIS HUNTER AND HIS HEIRS OR DEVISEES, IF DECEASED and 

ANY AND ALL OTHER PERSONS UNKNOWN WHO CLAIM OR MAY CLAIM ADVERSELY TO 2804 TRUMAN STREET, GADSDEN, ALABAMA 36904,

Defendants, 

To: Carrie Hunter and Her Unknown Heirs or Devisees, If Deceased, Richard Hunter Jr. and His Unknown Heirs or Devisees, If Deceased, Erma Hunter Thomas and Her Unknown Heirs or Devisees, If Deceased, Robert Lewis Hunter and His Unknown Heirs or Devisees, If Deceased, and Any and All Other Persons Unknown Who Claim or May Claim adversely to 2804 Truman Street Gadsden, Alabama 35904

Last Known Address: Unknown

You are hereby notified that Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust has filed an Amended Complaint In Rem to Quiet Title  (“Complaint”) on July 2, 2024 in the Circuit Court of Etowah County, Alabama against Carrie Hunter and Her Unknown Heirs or Devisees, If Deceased, Richard Hunter Jr. and His Unknown Heirs or Devisees, If Deceased, Erma Hunter Thomas and Her Unknown Heirs or Devisees, If Deceased, Robert Lewis Hunter and His Unknown Heirs or Devisees, If Deceased, and Any and All Other Persons Unknown Who Claim or May Claim adversely to 2804 Truman Street Gadsden, Alabama 35904 (“Defendants’).   Numerous attempts to locate the Defendants have been unsuccessful.

This notice is to run for four consecutive weeks, on July 19, July 26, August 1, and August 9, 2024. You are hereby notified that you must answer the Complaint for the 8th day of September, 2024, which is 30 days from the last date of publication or default judgment may be entered against you for not answering.

DONE this 10th day of July, 2024

CASSANDRA JOHNSON

Clerk of the Etowah County Circuit Court

FIDELITY NATIONAL LAW GROUP

Elizabeth B. Padgett (PAD015)

4170 Ashford Dunwoody Road, Suite 475

Atlanta, Georgia  30319

Direct: (770) 325-4815

Email:  elizabeth.padgett@fnf.com

July 19, 26, August 2, and 9, 2024

______________

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, September 3, 2024, 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:

“A request to Rezone properties from R-1, One Family Residence to B-2, General Business District, on the following described properties:

#1. Commence at an existing ½” pipe marking the Northwest corner of Block Three (3) of Manos’ Subdivision as recorded in Plat Book D, Page 249, Etowah County Probate Office and run North 14 ° 48’17” East along an extension of said Block Three (3) a distance of 100.69 feet to an existing 2 “ pipe marking the Southeast corner of the West ½ of the NE ¼ of SE ¼ of Section 11, T-12-S, R-6-E; thence run North  84°00’24” West along the South line of said forty a distance of 8.08 feet to an iron pin set (1/2” rebar with cap stamped JBWT INC. CA0046L) on the Westerly right-of-way line of U.S. Highway # 431 (Meighan Boulevard) and the point of beginning.  From said point of beginning continue North 84°00’24” West along the South line of the NE ¼ of the SE ¼., said line also being the North right-of-way line of Stephens Avenue a distance of 830.37 feet to an iron pin set on the Easterly right-of-way line of Lancaster Avenue; thence run North 06°25’13” East along said right-of-way a distance of 639.06 feet to an iron pin set on the Southerly right-of-way line of Raley Street; thence run South 84°09’30” East along said right-of-way line a distance of 349.05 feet to an existing 3/8” rebar on the Westerly right-of-way line of Roxbury Avenue; thence run South 05°49’20” West along said right -of-way line a distance of 316.25 feet to an iron pin set on the Southerly right-of-way line of Sizemore Street; thence run South 84°11’02” East along said right of way line distance of 443.25 feet to an iron pin set on the Westerly right-of-way line of U.S.Highway # 431 (Meighan Bouvard); thence run South 00°18’21” West along said right-of-way line a distance of 326.71 feet to the point of beginning. Said parcel of land being a portion of the NE 1/4 of the SE ¼ of Section 11, T-12-S, R-6-E, being subject to any easement rights for the Drainage Channel across portions of the East and West Side of the property, also being subject to any easement rights for any utilities lying on or over said property, lying and being in the City of Gadsden, Etowah County, Alabama containing 8.59 acres more or less. (property address being back portion of 715 Raley Street).

#2. Parcel 1: Lots Number One(!) to Nine (9) both inclusive in Block Number Twenty-One (21) Lots Number(!) to Nine (9) both inclusive in Block Number Twenty-Two (22) and Lots Number Eighteen (! 8) to Twenty-Six (26) both inclusive in Block Number Twenty-Four (24) according to the Totten and Woodruff survey as the same appears of Record in Book of Town Plats “B” beginning on Page 286, in the Office of the Judge of Probate, Etowah County, Alabama, being and lying in the City of Gadsden, Etowah County, Alabama. Parcel II: A tract or parcel of land described as beginning at the NW comer of the SW 1/4 of the NW 114 of Section 19, Township II South, Range 6 East, thence run South 02’06’48” East and along the West line of said forty a distance of747.74 feet to a point; Thence run South 59’52’36” East a distance of 1284.09 feet to a point; Thence run South 45”04’09” East a distance of 614.21 feet to. c. point; Thence 1un South 45’07’09’’ East a distance of98.73 feet to a point in the NW right of way of U.S. Highway Number II; Thence run North 42’39’ 17” East and along said right of way a distance of 330.20 feet to a point; Thence run North 4 7’21 ‘09” West a distance of299 .94 feet to a point; Thence run North 42’37’46” East a distance of 152.94 feet to a point; Thence run North 52’37’32” West a distance of220!.79 feet to the point of beginning. Said parcel of land embracing a portion of the South 112 of the NW 114 and the NE 1/4 of the SW 114, Section 19, Township II South, Range 6 East of Huntsville Meridian, lying and being in Etowah County, Alabama. Parcel III: Beginning at a pinch pipe marking the NW comer of the SEI/4-NWII4, Section 19, T-11-S, R-6-E, thence N 88’51 ‘25” E 103.61’ to a pinch pipe, thence N 88’51 ‘16” E 224.12’ to a pinch pipe, thence N 88’52’45” E 454.39’ to a pinch pipe, thence S 50’53’56” E 432.72’ to a 112” capped rebar (CA#497-LS), thence S 42’29’33” W 544.29’ to a3/8” capped rebar (ARH), thence S 42’29’33” W 92.90’ to a 3/8” capped rebar (ARH), thence N 47’29’43” W 1073.12’ to a 3/8” capped rebar (ARH), thence N 88’45’ II” E 103.80’ to the point of beginning. Containing I 0.69 acres more or less. Parcel IV: A tract or parcel of land described as beginning at the Northwest comer of the Southwest Quarter of the Northwest Quarter of Section 19, Township II South, Range 6 East; Thence run North 88 degrees 51 minutes 25 seconds East and along the North line of said forty a distance of 1216.88 feet to a point; Thence run South 47 degrees 29 minutes 40 seconds East a distance of 1073.04 feet to a point; Thence run South 42 degrees 29 minutes 49 seconds West a distance of311.99 feet to a point; Thence run South 47 degrees 30 minutes 05 seconds East a distance of538.03 feet to a point in the Northwest right of way of U.S. Highway Number II; Thence run South 41 degrees 58 minutes 49 seconds West and along said right of way a distance of 178.89 feet to a point; Thence run North 47 degrees 21 minutes 16 seconds West a distance of299.98 feet to a point; Thence run South 42 degrees 37 minutes 46 seconds West a distance of 152.94 feet to a point; Thence run North 52 degrees 37 minutes 32 seconds West a distance of 2201.7Y feet to the point of beginning. Said parcel of land embracing a portion of the South Half of the Northwest Quarter, and the Northeast Quarter of the Southwest Quarter, Section 19, Township II South, Range 6 East of Huntsville Meridian, lying and being in Etowah County, Alabama. (property address being 119 Irby Blvd).

Iva Nelson, City Clerk

August  9 and 23, 2024

____________

LEGAL NOTICE

B.H. Craig Construction Co., Inc. hereby gives notice of completion of contract for the WWTP Influent Screen Replacement Project No. 22086.00 and has requested final payment. This notice will appear for four consecutive weeks beginning 07/19/2024 and ending on 08/09/2024. All claims against this work should be filed immediately with The Utilities Board of Rainbow City and B.H. Craig Construction Co., Inc. at 835 Wall Street, Florence, AL 35630.

July 19, 26, August 2, and 9, 2024

____________

INVITATION TO BID

1.1 BID INFORMATION

A.Project: Highway 431 Water Main Replacement

B. Owner: Water Works Board of Attalla

C.Engineer: Canyon Engineering, LLC

1.2 ANNOUNCEMENT

A.Your firm is invited to submit a sealed Bid for the project listed above. Owner will receive Bids at the Water Works Board of Attalla office, located at 509 4th Street NW, Attalla, Alabama, 35954, until 2:00 PM local time on the 15th day of August 2024, at which time and place the Bids will be publicly opened and read aloud. Bids not received by the indicated time will not be opened.

B Project Description: 573 linear feet of directional bore with 8” HDPE, 80’ jack and bore with 12” steel casing, connections to existing water mains, testing and disinfection of new main, and grout fill of the existing water main.

C Owner requires the Project to be completed in 120 calendar days.

Ensure that statements in following Paragraph are coordinated with Instructions to Bidders and Bid Form.

D.Bidding Documents for a Unit Price contract may be obtained from the office of Canyon Engineering, LLC, 404 1st. Street E., Fort Payne, Alabama, 35967. Electronic copies will be a free download to all potential bidders.  Paper sets are available upon receipt of a $100.00 non-refundable amount per set.

E. Potential bidders may view the Bid Documents at the office of Canyon Engineering by appointment only.

F Bidders will be required to provide Bid security according to the requirements in Document 002113 – Instructions to Bidders.

G.Refer to other Bidding requirements as described in Document 002113 – Instructions to Bidders.

H. Submit your Bid on the Bid Form provided. Bidders are required to submit the bid form, bid bond, and the E-Verify documents at the time of the bid.  Bids must be submitted in a sealed envelope bearing the name and address of the bidder, the bidder’s General Contractor’s license number, the project name, and bid date.  Bidders are asked not to submit the full contract documents and specifications book at the time of the bid.

I. Bidders must carry the Municipal and Utility construction classification as listed in the roster of the Alabama State Licensing Board for General Contractors to be considered for the award of the project.

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

K Owner reserves the right to waive irregularities and to accept or reject any or all Bids.

Engineer:  Canyon

Engineering, LLC.

404 1st Street E

Fort Payne, AL  35967

(256) 558-0773

chuck@canyonengineeringllc.com

July 26, August 2 and 9, 2024

_______________

NOTICE TO CONTRACTORS INVITATION FOR BIDS

Sealed Bids will be received by the Reece City Water Department, 1023 Valley Drive Attalla, AL 35954  on Wednesday, August 28, 2024 at 10:06 A.M.. local time, for furnishing all labor, materials, and equipment and doing the work of constructing, according to Plans, Specifications and Contract Documents on file in the office of the Owner, the improvements hereinafter described. No bids will be received after the time set forth hereinabove; and the Bids will be publicly opened and read. 

The work of constructing Reece City Water Department Water Line Installation DWSRF Project No. FS010480-02, Contract No. 1 will be let under one Contract, the principal items of work are detailed herein below.

1. 3” HDPE Pipe, DR11 5,700 LF

2. 4” Water Meter Vault

Plans, Specifications and Contract Documents are open to public inspection at the office of Owner, the   Reece City Water Department, 1023 Valley Drive Attalla, AL 35954 or may be obtained from the office of the Engineers, Utility Engineering Consultants, LLC, 130 Southcrest Drive, Suite 100, Homewood, Alabama 35209 for the amount of $ 50.00 per set, the actual cost of printing, reproducing, handling and distribution for each set of documents.  No refunds will be made except to Prime Contractor Bidders, which shall be refunded for one bid set.

The Contractor is hereby advised that TIME IS OF THE ESSENCE on this project and that the contract time of   180 consecutive calendar days and noted restrictions shall be strictly observed. LIQUIDATED DAMAGES WILL BE ASSESSED IF THE CONTRACT TIME IS EXCEEDED. The Contractor may apply for an extension of time in accordance with the provisions of the contract; however, such an extension must be approved prior to the contract completion date to avoid the imposition of liquidated damages.

Utility Engineering Consultants, LLC

130 Southcrest Drive, Suite 100

Homewood, AL 35209

Phone: (205) 951-3838 w Fax: (205) 951-3839

Website: uecllc.com

August 9, 2024

____________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that Greer Building Contractors, LLC., Contractor, has completed the Contract for Construction of Window Replacement at Southside Elementary School and Gaston Elementary School at 401 Broad Street, Gadsden, AL. 35901 for the State of Alabama and Etowah County Board of Education, and have made requests for final settlement of said Contract.  All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify McKee & Associates, Inc.

Greer Building Contractors, LLC

110 Thomas Drive

Gadsden, AL. 35904

August 2, 9, and 16, 2024

_____________

LEGAL NOTICE

The following storage unites will be auctioned on 8/14/24 beginning at 10:00 AM on the business premises of Southtowne Mini Warehouses.  Southtowne is located at 199 Woodland Drive, off of Steele Station Road in Rainbow City, AL, 35906.

CHERRI HUDSON Unit 24B

PATRICK ODELL Unit 6-11

TAMI POWELL Unit 144

JOSEPH GIAMALVA Unit 34-12

KENNETH MALBIE JR.  Unit 336

HOLLY TROUP Unit 38-11

DIAMOND HORTON Unit 455

LESLIE MOORE Unit 67-10

NICHOLAS NUNNUnit 475

MALISSA HANSON Unit 498,G9

FATAMA BIBB Unit 512

CHRIS SMITH Unit 715

PINKY PREWITT Unit 569,618

JASON JELKS Unit J09

DANIELLE MEAD Unit 619

JASON WOOD Unit RV15

MAEGAN GARRARD Unit 614

ALAN KIRSEY Unit RV23

Southtowne Mini

Warehouses.

199 Woodland Drive,

Rainbow City, AL, 35906

August 2 and 9, 2024

____________

NOTICE OF SALE

Notice is hereby given that the Contents of the following storage buildings will be SOLD/AUCTIONED by Southside Storage on August 17, 2024, at 10:00 am at 1476 Hwy77, Southside, AL.

Greg Smith U11

Eddy Ryder U58

Southside Storage

1476 Hwy 77

Southside, AL. 35907

256-442-7249

August 2 and 9, 2024

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 08/9/2024.

2017 White GMC Sierra VIN:  3GTU2PEC4HG109446

Parker Motor Co.

1070 Pleasant Valley Road, Rainbow City, AL. 35906

256-504-8588

August 2 and 9, 2024

_____________

NOTICE OF PUBLIC AUCTION OF ABANDONED  VEHICLES

Please take NOTICE that Matt’s Towing will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicle 2005 Honda CR-V VIN#SHSRD 78805U323142 The public auction will be held at Matt’s Towing 2000 Hickory St Gadsden AL 35904 at 10:00am on 9/12/2024 The Seller shall have a right to reject any bid that is unreasonably low. The seller expressly reserves the right to bid and purchase at the public auction.

August 2 and 9, 2024

_____________

NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES

Please take NOTICE that the Kelton Wrecker LLC will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicles:

2018 HYUNDAI SONATA VIN: 5NPE34AF9JH597502

2016 JEEP CHEROKEE VIN:  1C4PJMCB3GW152636                                                   

2015 FORD FUSION  VIN: 3FA6P0H71FR188128

The public auction will be held at Kelton Wrecker LLC located at 1625 Forrest Ave Gadsden AL 35901 at 8:00 AM on 09/14/2024. The seller shall have a right to reject any bid that is unreasonably low and may postpone the public auction until another time and place. In addition, the seller expressly reserves the right to bid and purchase at the public auction.

August 2 and 9, 2024

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 09/20/2024.

2017 Kia Soul VIN: KNDJN2A26H7479173

UNI AUTOMOTIVE GROUP

2075 HWY 77 ATTALLA AL 35954

256-538-660

August 2 and 9, 2024

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 09/27/2024.

2013 Toyota Prius v VIN: JTDZN3EU6D3186900 

1992 Ford Ranger VIN: 1FTCR10U7NTA11014

UNI AUTOMOTIVE GROUP

2075 HWY 77 ATTALLA AL 35954

256-538-660

August 2 and 9, 2024

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 09/06/2024.

2002 BMW 3 Series White VIN:  WBAEU3 3452PF64392

2015 Ford Escape Black VIN:  1FMCU0GX5FUA94233

2008 Hyundai Sonata Silver VIN: 5NPEU4 6C68H307383

2006 BMW 3 Series Black VIN: WBAVB 17596NK32466

2008 Honda Pilot BLACK VIN:  5FNYF2 8638B004966

2000 Honda Accord Beige VIN:  JHMCG 5644YC002567

1992 Ford F600LP0 White VIN: 1FDNF6 2J2NVA06529

2009 Ford F-150 Red VIN: 1FTPX14 V19KA74051

2013 Audi A4 White  VIN:  WAUAFA FL4DN010532

2012 Ford Focus Red VIN: 1FAHP 3F20CL371726

2013 Nissan Altima White VIN: 1N4AL2EP4DC144271

2005 Jeep Liberty Black VIN: 1J4GK4 8K25W718380

2013 Volvo XC90 Black VIN:YV4952C T2D1671807

1994 Lincoln Town Car White VIN:    1LNLM 81WXRY723013

1993 Mercury Sable Blue VIN: 1MELM5 044PA606776

2012 Chevrolet Cruze RedVIN:    1G1PF5 SC3C7190141

2007 Honda Civic Blue  VIN: 2HGFG1 1807H537975

ER Towing

1733 Forrest Avenue

Gadsden, AL. 35901

256-547-1549

August 2 and 9, 2024

____________

NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES

Please take NOTICE that Matt’s Towing will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicle 2012 Toyota Corolla VIN#2T1BU4 EE9CC861342 The public auction will be held at Matt’s Towing 2000 Hickory St Gadsden AL 35904 at 10:00am on 9/23/2024 The Seller shall have a right to reject any bid that is unreasonably low. The seller expressly reserves the right to bid and purchase at the public auction.

August 9 and 16, 2024   

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 09/14/2024.

2006 Ford F150. VIN: 1FTPW14576KC57131

Tommy Tows

1912 3rd Street

Attalla, AL. 35954

(256) 490-3715

August 9 and 16, 2024

_______________

NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES

In accordance with Alabama Abandoned Motor Vehicle Act, Alabama Code Sections 32-13-1 through 32-13-8 notice is hereby given to the owners, lienholders, and other interested parties. The following motor vehicles will be sold at public auction to the highest bidder at 9:00 am , September 9, 2024 at Team One Hyundai, Rainbow City, Alabama. Seller reserves the right to reject any bid and the right to bid.

2012 Hyundai Sonata VIN#KNPEC4AC3CH443764

2017 Hyundai Sonata. VIN# 5NPE34AB2HH590608

August 9 and 16, 2024

______________

NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES

In accordance with Alabama Abandoned Motor Vehicle Act, Alabama Code Sections 32-13-1 through 32-13-8 notice is hereby given to the owners, lienholders, and other interested parties. The following motor vehicles will be sold at public auction to the highest bidder at 9:00 am , September 16, 2024 at Team One Hyundai, Rainbow City, Alabama. Seller reserves the right to reject any bid and the right to bid.

2012 Hyundai Sonata VIN# KNPEC4AC5CH426755

August 9 and 16, 2024

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