Etowah County Probate
Notice to: Jennifer Payne Rainwater and Rachel Payne
Case Number: S-10640
A Petition for Letter of Administration for David Allen Payne shall be heard on 30th day of October, 2019, at 10:00 AM in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama.
Scott W. Hassell
Judge of Probate
Richard A. Rhea
Attorney for Petitioner
930 Forrest Avenue
Gadsden, AL. 35901
Phone (256) 547-6801
Fax (256) 549-0271
September 6, 13, 20 and 27, 2019
FILE CLAIMS
Sadie Benefield appointed Personal Representative on 08/21/2019 Estate of Frances Louise 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
September 13, 20, and 27, 2019
FILE CLAIMS
James Darin Garrison appointed Personal Representative on 08/08/2019 Estate of Pauline Garrison 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
September 13, 20, and 27, 2019
FILE CLAIMS
Frances Hundley appointed Personal Representative on 08/26/2019 Estate of George Arnold Hundley 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
September 13, 20, and 27, 2019
FILE CLAIMS
Charlotte Diane Short appointed Personal Representative on 08/30/2019 Estate of Sara F. Brock 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
September 13, 20, and 27, 2019
FILE CLAIMS
Scott Thompson appointed Personal Representative on 08/26/2019 Estate of Durwood L. 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
September 13, 20, and 27, 2019
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 Delita R Patterson A Single Woman to Mortgage Electronic Registration Systems, Inc, as mortgagee, as nominee for Superior Bank, its successors and assigns dated May 28, 2010; said mortgage being recorded on June 3, 2010, as Instrument No. 3332955 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. BANK NATIONAL ASSOCIATION in Instrument 3410824 in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, U.S. 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 5th day of November, 2019 the following property, situated in Etowah County, Alabama, to-wit:
Commence at the Northwest corner of the Southwest quarter of the Northeast quarter of Fractional Section 17, Township 10 South, Range 5 East; thence South 2 degrees 55 minutes 31 seconds East 1354.79 feet; thence North 88 degrees 31 minutes 01 seconds West 1048.72 feet, to the point of beginning; thence North 88 degrees 31 minutes 01 seconds West 253.47 feet; thence North 10 degrees 09 minutes 24 seconds West 43.26 feet; thence commencing North 6 degrees 35 minutes 55 seconds West 100.45 feet; thence North 4 degrees 39 minutes 02 seconds West 9.56 feet; thence North 87 degrees 21 minutes 30 seconds East 209.48 feet; thence South 20 degrees 50 minutes 11 seconds East 180.00 feet to the point of beginning. Being in Section 17, Township 10 South, Range 5 East in Etowah County, Alabama.
Said property is commonly known as 54 Alewine Street, Boaz, AL 35956.
Should a conflict arise between the property address and the legal description the legal description will control.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.
U.S. BANK NATIONAL ASSOCIATION
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 9188119
www.foreclosurehotline.net
September 13, 20 and 27, 2019
Notice of Mortgage Foreclosure
Whereas, default has been made in the terms of the mortgage executed on the 10th day of November, 2008, by Shirley J. Rose, as a mortgagor, in favor of Rita P. Mayo, as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama at Inst. # 3304264, and said default continuing, the mortgagee, under power of sale contained in said mortgage, will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Gadsden, Alabama, during the legal hours of sale on the 14th day of October, 2019, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:
Commence at the Southeast Corner of the SE ¼ of the SW ¼ in Section 28, T-12-S,
R-5-E, Etowah County, Alabama; thence S 89 degrees 24’ 41” W, along the South Line thereof a distance of 763.66 feet to the point of beginning; thence continue S 89 degrees 24’41” W along said line, a distance of 712.27 feet; thence N 00 degrees 50’ 14” W, leaving said south line a distance of 913.45 feet; thence N 57 degrees 07’ 30” E, a distance of 133.83 feet; thence N 63 degrees 20’ 44”E, a distance of 153.22 feet; thence N 51 degrees 52’ 47” E, a distance of 103.92 feet; thence N 46 degrees 49’ 10” E, a distance of 162.05 feet; thence S 09 degrees 27’ 06” E, a distance of 318.31 feet; thence S 08 degrees 17’ 18” E, a distance of 129.07 feet to a point of curve to the left having radius of 325.00 feet and central angle of 37 degrees 14’ 24”; thence Southeasterly along the Arc a distance of 211.24 feet; thence S 45 degrees 31’ 41” E, a distance of 12.82 feet to a point of curve to the right having a radius of 275.00 feet and a central angle of 42 degrees 34’ 01”; thence Southeasterly along the Arc a distance of 204.31 feet, thence S 02 degrees 53’ 04” E, a distance of 405.17 feet to the point of beginning and containing 15.00 acres , more or less.
ALSO, a 30-foot wide ingress/egress easement to the above described tract of land is described by the centerline as follows:
Commence at the southeast corner of NE ¼ of the SW ¼ in Section 28, T-12-S, R-5-E, thence S 01 degrees 14’ 54” E, a distance of 18.03 feet to the center of Rose Road, the point of beginning of said centerline, thence along said centerline of said easement with the following chords: N 60 degrees 26’ 38” W, a distance of 110.52 feet; thence N 47 degrees 27’ 33” W, a distance of 176.68 feet; thence N 74 degrees 53’ 23” W, a distance of 104.69 feet; thence S 79 degrees 52’ 24” W, a distance of 172.88 feet, thence S 89 degrees 58’ 41” W, a distance of 160.38 feet; thence S 62 degrees 53’ 26” W, a distance of 373.47 feet; thence S 46 degrees 49’ 10” W, a distance of 293.20 feet; thence S 51 degrees 52’ 47” W, a distance of 98.86 feet; thence S 63 degrees 20’ 44” W, a distance of 131.79 feet; thence S 26 degrees 39’ 16” E, a distance of 35.00 feet to the point of ending. Said easement being 15 feet on each side of the above-described centerline.
Said sale is made for the purpose of foreclosing of said mortgage, and paying the mortgage debt and the costs and expenses of foreclosure, including a reasonable attorney’s fee.
THE 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 THE 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 Mortgagee 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; contact Jason Knowles at the phone number shown below prior to attendance at sale.
Jason Knowles
Knowles & Sullivan LLC.
Attorney for Mortgagee
400 Broad Street
Gadsden, AL. 35901
Phone 256-547-7200
Jason@kkslawgroup.com
September 13, 20, and 27, 2019
NOTICE OF FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gerald Lee Riley and wife, Sheree Riley, to Ameriquest Mortgage Company, on July 27, 1999, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 1999, Page 223; and subsequently transferred to Western United Life Assurance Co.; and subsequently transferred to Metropolitan Mortgage & Securities Co., Inc.; and subsequently transferred to The Bank of New York, as trustee, pursuant to the terms of that certain Pooling and Servicing Agreement dated as of September 1, 2000 related to Metropolitan Asset Funding, Inc., Mortgage Pass-Through Certificates, Series 2000-B; and subsequently transferred to The Bank of New York Mellon as trustee, Pursuant to the terms of that certain pooling and servicing Agreement dated as of September 1, 2000 related to Metropolitan Mortgage funding, Inc., Mortgage pass through certificates, series 2000-B; The Bank of New York Mellon, f/k/a the Bank of New York, as Trustee for, Metropolitan Mortgage Funding, Inc., Mortgage Pass-Through Certificates, Series 2000-B, 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 October 3, 2019, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
The east 115 feet of the west 135 feet of Lots Number Eleven (11) and Twelve (12), in Block “E”, of Sima Addition to Glencoe, as recorded in Plat Book “C”, page 227, Probate Office, 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.
The Bank of New York Mellon, f/k/a the Bank of New York, as Trustee for, Metropolitan Mortgage Funding, Inc., Mortgage Pass-Through Certificates, Series 2000-B
Transferee
Jauregui, Lindsey, Longshore & Tingle
244 Inverness Center Drive
Suite 200
Birmingham, AL 35242
Phone: (205) 970-2233
September 13, 20 and 27, 2019
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
LARRY GREENWALT,
PLAINTIFF,
WYATT OSMAN, AND HIS HEIRS AND
DEVISEES, IF DECEASED; JENNA R.
OSMAN, AND HER HEIRS AND
DEVISEES, IF DECEASED, AND THE
FOLLOWING DESCRIBED PARCEL OF
REAL PROPERTY, SITUATED IN
ETOWAH COUNTY, ALABAMA, TO-WIT:
LOT # 42 OF THE KNOLLS AT
HICKORY RIDGE, ACCORDING TO
THE SURVEY AND PLAT AS THE
SAME APPEARS OF RECORD IN
PLAT BOOK L, PAGE 56, PROBATE
OFFICE, ETOWAH COUNTY,
ALABAMA.
DEFENDANTS.
NOTICE ISSUED TO THE FOLLOWING: Wyatt Osman and Jenna R. Osman and their 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 Larry Greenwalt 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 28, 2019, or thereafter a judgment by default may be rendered against said Defendants in Etowah County Circuit Court Case Number: CV-2019-900750-GCD.
DONE this 11th day of September, 2019.
CASSANDRA “SAM” JOHNSON,
CLERK OF COURT
Jonathan M. Welch
Attorney for Plaintiff
1925 Rainbow Drive
Gadsden, Alabama 35901
September13, 20 and 27, 2019
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christa F Hill & Christopher M Hill, Wife and Husband, originally in favor of Wachovia Bank, National Association, on the 10th day of April, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3293472; the undersigned Wells Fargo Bank, N.A., Successor by Merger to Wachovia 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 October 03, 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(s) 58-61, Block D, Clyde Burke Addition to Attalla, Alabama according to the Map or Plat thereof recorded in Plat Book E, Page 174 in the Office of the Judge of Probate, Etowah County, Alabama.
Being one and the same property as that described in Mortgage recorded in Instrument No. 3293472.
Property street address for informational purposes: 317 Hale St SE, Attalla, AL 35954
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.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of 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., Successor by Merger to Wachovia Bank, N.A., Mortgagee/Transferee
Ginny Rutledge
SIROTE & PERMUTT, P.C.
- O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
281592
September 13, 20 and 27, 2019
NOTICE OF FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Hubert E Bailey, unmarried, to Regions Bank, on April 15, 2014, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3401270; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 8, 2019, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
THE FOLLOWING DESCRIBED REAL ESTATE IN ETOWAH COUNTY, STATE OF ALABAMA TO-WIT:
LOT NO. 3 IN BLOCK 2, IN THE M. K. FOSTER HEIRS ADDITION TO GADSDEN, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE BOOK OF TOWN PLAT “A”, PAGE 314, PROBATE OFFICE, ETOWAH COUNTY ALABAMA.
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD IF ANY.
BEING THE SAME PREMISES CONVEYED TO HUBERT E. BAILEY FROM JEANETTE BURKE MILLER, A WIDOW BY WARRANTY DEED DATED 6/17/1994, AND RECORDED ON 6/30/1994, AT BOOK 1901, PAGE 331, IN ETOWAH COUNTY, AL.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.
Regions Bank
Transferee
Jauregui & Lindsey, LLC
244 Inverness Center Drive
Suite 200
Birmingham, AL 35242
Phone: (205) 970-2233
September 13, 20 and 27, 2019
FILE CLAIMS
Donna Morgan appointed Personal Representative on 08/08/2019 Estate of Hilda Golden 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
September 13, 20, and 27, 2019
FILE CLAIMS
Rosamond Mozley Humphries appointed Personal Representative on 08/08/2019 Estate of John Thomas Humphries 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
September 13, 20, and 27, 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 10/25/2019
1996 Jeep Grand Cherokee VIN: 1J4GZ78Y2PC645372
2006 Ford Taurus VIN: 1FAFP53U76A133462
ER Towing and Recovery
1733 Forrest Avenue
Gadsden, AL. 35901
256-547-1549
September 20 and 27 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 10/25/2019
1998 Chevrolet GMT-400 VIN: 1GCEC14R7WZ205489
Sammy O’Bryant
5233 Gilmer Lane
Rainbow City, AL. 35906
256-295-3619
September 20 and 27 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 10/25/2019
2000 Chevrolet S10 VIN: 1GCCS1942YK167799
Twenty Four Seven Towing and Recovery
1207 Gault Ave S.
Fort Payne, AL. 35967
256-630-2015
September 20 and 27 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 10/25/2019
2009 CHRYSLER 300 VIN: 2C3KA53V39H607436
Austin Eubanks
2515 Fairview Road
Gadsden, AL. 35904
256-390-4226
September 20 and 27 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 10/25/2019
2005 Buick Rendezvous VIN: 3G5DA03L26S56209
Tommy Tow’s
3403 Forrest Avenue
Gadsden, AL. 35904
256-490-3715
September 20 and 27 2019
Legal Notice
McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. STPOA-2818(250) in Etowah County. This notice will appear for four consecutive weeks beginning on September 13 and ending on October 4, 2019. All claims should be filled at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden Alabama 35901 during this period.
September 13, 20, 27 and October 4, 2019
Publication Notice
In the Matter of the Adoption of Debra Hazelwood
Notice to: Jarred Gann and/or Any unknown father
Address: Unknown
You will take notice that a Petition for the Adoption of a minor child born to Erin Bowman, a natural mother, set to be heard on November 12, 2019 at 10:30 A.M., was filed on the 26th day of July, 2019, alleging that the identity of the natural father is unknown of has been disclosed to the Court (or his whereabouts are not known), and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor child’s birth date is January 11, 2010.
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein, with J. Brian Huff, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902
Attorney for the Petitioner:
- Brian Huff, Esquire
2320 Arlington Avenue South
Birmingham, AL. 35205
This 6th day of September 2019.
Scott W. Hassell
Probate Judge
September 13, 20, 17 and October 4, 2019
Publication Notice
In the Matter of the Adoption
Notice to: Nicola Shariazon Minor, Edward Earl Abernathy and any unknown or undisclosed father
Address: Unknown
You will take notice that a Petition for the Adoption of a minor child (born to Nicola Shariazon Minor), set to be heard on November 12, 2019 at 11:00 A.M., was filed on 27th day of June, 2019, alleging that the whereabouts of the natural mother, Nicola Shariazon Minor, are unknown, the whereabouts of the presumed father, Edward Earl Abernathy are unknown and the identity of the natural parent of said minor child is unknown and has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. The minor child’s date of birth is January 12, 2018.
Please be advised that should you intend to context this adoption, you must file a written response within thirty (30) days of the date of the last publication herein, with counsel for the petitioners, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902.
Attorney for the Petitioner:
Thomas King, Esquire
128 S. 8th Street
Gadsden, AL. 35901
This the 6th day of September, 2019.
Scott W. Hassell
Probate Judge
September 13, 20, 27 and October 4, 2019.
LEGAL NOTICE
J & D Enterprises, LLC hereby gives notice of completion of contract City of Gadsden for South 11th Street, Brooke Avenue, Scenic Drive and Hooks Lake Road Resurfacing Project, Bid Request No. 3385. This notice will appear for four consecutive weeks beginning on September 13, 20, 27 and October 4, 2019. All claims should be filed at J & D Enterprises, LLC, P.O. Box 583, Gadsden, AL 35902 during this period.
September 13, 20, 27 and October 4, 2019
NOTICE OF SUMMONS
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: DR-19-900162-SJS
JENNIFER ABBOTT
PLAINTIFF,
VS.
WADE ABBOTT
DEFENDANT
TO: WADE ABBOTT
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-19-900162-SJS
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.
Date this the 23rd day of August 2019
Cassandra Johnson
Circuit Clerk
Jack Floyd, Esquire
Floyd Law Firm
Attorney for Petitioners
808 Chestnut Street
Gadsden, AL. 35901
(256)547-6328
September 13, 20, 27 and October 4, 2019
MORTGAGE FORECLOSURE NOTICE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tonya Lynn Golden and Phillip Alan Golden to WinSouth Credit Union on the 14th day of November, 2012, said mortgage being recorded as Instrument Number 3376850 in the 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, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County, Alabama, during the legal hours of sale on the 14th day of October, 2019, the following described real estate situated in Etowah County, Alabama, to-wit:
A tract or parcel of land described as follows: Begin at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 29, Township 12 South, Range 7 East of Huntsville Meridian; thence East along the South line of said forty a distance of 313 feet; thence North and parallel with the West line of said forty a distance of 417.4 feet; thence West and parallel with the South line of said forty and the South line of the Northeast Quarter of the Southwest Quarter a distance of 626 feet; thence South and parallel with the East line of the Northeast Quarter of the Southwest Quarter 417.4 feet to a point in the South line of said Northeast Quarter of the Southwest Quarter; thence East and along the South line of said Northeast Quarter of the Southwest Quarter 313 feet to the point of beginning. Said description embracing a portion of the Northwest Quarter of the Southeast Quarter, and a portion of the Northeast Quarter of the Southwest Quarter, all in Section 29, Township 12 South, Range 7 East of Huntsville Meridian, and lying and being in Glencoe, Etowah County, Alabama, and being subject to rights of Alabama Power Company as set out in Deed Records 5-J, page 210; 5-V, page 589; 7-K, page 211; and 509, page 558, Probate Office, Etowah County, Alabama, and being subject to public roads as now located through or across the same.
Also, to describe the point of beginning of a lot or parcel of land commence at the Southwest corner of the NW 1/4 of the SE 1/4, Section 29, T-12-S, R-7-E, Etowah County, Alabama; thence run in an Easterly direction and along the South line of said forty for a distance of 313 feet; thence deflect 90 degrees 52′ to the left and run 39 feet to the Northerly line of Pineview Street and the point of beginning of the lands herein described. From said point of beginning continue along the previously described course for a distance of 378.4 feet; thence deflect 90 degrees 52′ to the right and run 42.1 feet; thence deflect 81 degrees 38′ to the right and run 381.57 feet to a point in the Northerly line of Pineview Street; thence run in a Westerly direction and along the Northerly line of Pineview Street for a distance of 91.9 feet to the point of beginning, lying and being a portion of the NW 1/4 of the SE 1/4, Section 29, T-12-S, R-7-E, Etowah County, Alabama.
Less and except: To reach a point of beginning for the hereinafter described parcel of land, commence at the Southeast corner of the NE 1/4 of the SW 1/4; thence run South 88 degrees 00 minutes West, along the South line thereof, 313.00 feet to a point; thence run North 02 degrees 52 minutes West, parallel with the East line of said NE 1/4 of SW 1/4, 1.10 feet to a point in the North line of Pineview Avenue (60 ft. R/W), which is the point of beginning of the parcel of land herein described; thence from said point of beginning, continue North 2 degrees 52 minutes West, 416.30 feet to a point; thence run North 88 degrees 00 minutes East 507.00 feet to a point; thence run South 02 degrees 52 minutes East, 378.68 feet to a point in aforesaid North line of Pineview Avenue; thence run along said North line with the following bearings and distances: South 88 degrees 48 minutes West, 217.64 feet; South 84 degrees 21 minutes West, 97.50 feet; South 80 degrees 17 minutes West, 89.03 feet and South 75 degrees 44 minutes West, 105.72 feet to the point of beginning, embracing portions of aforesaid NE 1/4 of SW 1/4 and portions of the NW 1/4 of the SE 1/4, all in Section 29, Township 12 South, Range 7 East of Huntsville Meridian, Glencoe, Etowah County, Alabama.
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
JONATHAN A. HUFFSTUTLER
Brunson & Huffstutler Attorneys, P.C.
301 Broad Street
Gadsden, Alabama 35901
Phone 256-546-9205
September 20, 27 and October 4th, 2019
FILE CLAIMS
Patricia Anne Gaskin appointed Personal Representative on 08/28/2019 Estate of Jeneace Ashley 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
September 20, 27, and October 4, 2019
FILE CLAIMS
Joyce Roberts appointed Personal Representative on 08/29/2019 Estate of James A. Swafford 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
September 20, 27, and October 4, 2019
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 12, 2014 by Amos Ray Hill and Rhonda Hill, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Hometown Lenders LLC, and recorded in Instrument Number at 3406213 on August 21, 2014, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, N.A. as reflected by instrument recorded in Instrument Number, 3487857 of the same Office. 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 November 4, 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:
Commence at a PK nail on the centerline of Hill Avenue (50′ R/W) marking the SE corner of NW 1/4 of the SE 1/4 of Section 29, Township 12 South, Range 7 East; thence North 02° 32′ 44″ West 25 feet to a 1 1/2″ pipe on the Northerly R/W of said Hill Avenue marking the SW corner of Lot 50 in Block 1 of the subdivision of J. L. Lay Property, as recorded in Plat Book “D”, Pages 92-93 in the Probate Office of Etowah County, Alabama; thence South 87° 28′ 02″ West 78.03 feet along said R/W to a 3/4″ pipe; thence North 00° 18′ 19″ East 102.38 feet to a 3/4″ pipe; thence North 89° 16′ 12″ West 32.16 feet to a 1/4″ rod; thence North 02° 29′ 37″ West 40.84 feet to a 1/2″ capped rebar (CA-497-LS), also being the point of beginning; thence continue North 02° 29′ 37″ West 145.13 feet to a 1/4″ rod on the Southerly R/W of Hicks Avenue (30′ R/W); thence North 87° 30′ 00″ East 100 feet along said R/W to a 1/2″ capped rebar (CA-497-LS); thence continued North 87° 30′ 00″ East 72.66 feet to a 1/2″ rebar capped (CA-497-LS); thence leaving said R/W South 02° 28’16” East 144.92 feet to a 1/2″ capped rebar (CA-497-LS); thence 87° 25′ 46″ WEst 84.89 feet to a 1/2″ capped rebar (CA-497-LS); thence continued South 87° 25′ 46″ West 87.73 feet to the point of beginning, and being subject to an alley as shown by the plat of J. L. Lay Subdivision to Glencoe, Alabama recorded in Plat Book “D”, Pages 92-93 in the Probate Office of Etowah County, Alabama.
For informational purposes only, the property address is: 502 Hicks Ave, Glencoe, AL 35905.
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.
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.
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/ 19-018278
Attorneys for Mortgagee or Transferee
September 20, 27, and October 4, 2019
NOTICE OF MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by mortgage executed by Melonie L. Vinson, to Dennis Callahan and Margie Callahan dated September 2, 2010, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3439389, the undersigned mortgage owner, Dennis Callahan and Margie Callahan, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 21st day of October, 2019.during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to wit:
Lot Number One (1) in Block B of Cherokee Estates, as recording in Plat Book “F”, Page 403, Probate Office, Etowah County, Alabama; said property lying and being in Gadsden, Etowah County, Alabama.
The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.
Dennis Callahan and Margie Callahan
Mortgage Owner
Brian Keith Copeland
Copeland and Copeland, LLC
Attorney for Owner
September 20, 27 and October 4, 2019
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 Devane L. Riddlespur Husband desiree L. Riddlespur Wife to Mortgage Electronic Registration Systems, Inc, as mortgagee, as nominee for Guild Mortgage Company, a California Corporation, its successors and assigns dated March 25, 2016; said mortgage being recorded on March 30, 2016, as Instrument No. 3431859 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Guild Mortgage Company, a California Corporation in Instrument 3490031 in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, Guild Mortgage Company, a California Corporation, 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 18th day of November, 2019 the following property, situated in Etowah County, Alabama, to-wit:
ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE COUNTY OF ETOWAH, STATE OF ALABAMA, BEING KNOWN AND DESIGNATED AS FOLLOWS: LOTS 9 AND 10, BLOCK 5, ACCORDING TO THE SURVEY OF BROOKLINE SUBDIVISION, AS RECORDED IN PLAT BOOK D, PAGE 141, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA. BEING THE SAME PROPERTY AS CONVEYED FROM LYNN MCCAIN, AS ATTORNEY-IN-FACT AND AUCTIONEER TO FEDERAL NATIONAL MORTGAGE ASSOCIATION, AS DESCRIBED IN DOC NO. 3350381, DATED 06/01/2011, RECOREDED 06/01/2011 IN ETOWAH COUNTY RECORDS.
PIN #: 10-07-35-4-000-097.000
Said property is commonly known as 806 Woodbine Ln, 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 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.
GUILD MORTGAGE COMPANY, A CALIFORNIA CORPORATION
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 9191319
www.foreclosurehotline.net
September 20, 27 and October 4, 2019
FILE CLAIMS
John Sharpton appointed Personal Representative on 09/16/2019 Estate of Billy Gene Sharpton 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
September 27, October 4 and 11, 2019
FILE CLAIMS
Kathy Diane Berry, Susan Burke and Pamela Love appointed Personal Representative on 09/16/2019 Estate of Chester Edwin Berry 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
September 27, October 4 and 11, 2019
FILE CLAIMS
Venus Helen Deiter appointed Personal Representative on 09/12/2019 Estate of Mars Victor Daum 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
September 27, and October 4 and 11, 2019
FILE CLAIMS
Evelyn Hines-Redden appointed Personal Representative on 09/13/2019 Estate of Marjorie Gail Redden 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
September 27, October 4 and 11, 2019
FILE CLAIMS
Sarantha Grigsby appointed Personal Representative on 09/10/2019 Estate of Mary Adeline Bailey 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
September 27, October 4 and 11, 2019
FILE CLAIMS
Mary Barnes Marbut appointed Personal Representative on 09/12/2019 Estate of Mary Jane Whorton 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
September 27, October 4 and 11, 2019
FILE CLAIMS
James Michael Hanvey appointed Personal Representative on 08/15/2019 Estate of Patsy Jean Roten Hanvey 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
September 27, October 4, and 11, 2019
FILE CLAIMS
Richard Charles McMurtrey appointed Personal Representative on 09/06/2019 Estate of Randall Keith McMurtrey 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
September 27, October 4 and 11, 2019
FILE CLAIMS
Beth Winningham appointed Personal Representative on 09/10/2019 Estate of Robert Joe Simmons 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
September 27, October 4 and 11, 2019
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jan Lyons and Hazel Lyons, husband and wife, originally in favor of Reverse Mortgage USA, Inc., on the 28th day of July, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3371802; the undersigned Reverse Mortgage Solutions, Inc., 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 January 17, 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:
Tract One:
All that tract or parcel of land lying and being in Lot Number Thirteen (13) in Cove Creek Estates, and lying in Fraction F, Section 17, Township 12 South, Range 7 East of Huntsville Meridian Etowah County, Alabama, and all improvements thereon, to reach a point of beginning for the described parcel of land, commence at the Northeast corner of Fraction F; Thence run South 06 degrees 05 minutes West, along the East line thereof, 1386.70 feet to a point, which is the point of beginning of the parcel of land herein described; Thence from said point of beginning continue South 06 degrees 05 minutes West, along said East line of Fraction F, 168.56 feet to a point in the North line of Rabbittown Road; Thence run South 87 degrees 02 minutes West, along said North line, 257.92 feet to a point of curve; Thence run in a Northwesterly and Northerly direction, along a curve to the right, possessing a central angle of 87 degrees 13 minutes and a tangent of 20.00 feet, to the point of tangent in the East line of Cove Creek Drive; Thence run North 05 degrees 45 minutes West, along said East line, 131.48 feet to a point; Thence run North 84 degrees 15 minutes East 312.00 feet to the Point of Beginning.
Together with and subject to all easements, covenants, restrictions, and other matters which appear of record.
Tract Two:
All that tract or parcel of land lying and being Lot Number Fourteen (14) in Cove Creek Estates according to the Map or Plat thereof as recorded in Plat Book H Page 29, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Etowah County, Alabama, and all improvements thereon.
Together with and subject to all easements, covenants, restrictions, and other matters which appear of record.
Property street address for informational purposes: 1402 Cove Creek Drive, Glencoe, AL 35905
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.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of 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.
Reverse Mortgage Solutions, Inc., Mortgagee/Transferee
The above mortgage foreclosure sale has been postponed until 03/28/2019 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 05/23/2019 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 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.
The above mortgage foreclosure sale has been postponed until 11/21/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
Elizabeth Loefgren
SIROTE & PERMUTT, P.C.
- O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
440170
September 27, 2019
NOTICE OF SERVICE BY PUBLICATION
In the Circuit Court of Etowah County, Alabama
Case No: CV-17-900978
Amber McCullough, et al,
Plaintiffs
VS.
Teresa Choate, et al,
Defendants
To: Teresa Choate, whose whereabouts are unknown. You have been made a Defendant in the suit filed by Amber McCullough, et al, seeking judgment for Civil Complaint for negligence and wantonness and other relief. You are required to file the original of your response to the Complaint with the Clerk of this Court within thirty (30) days after the last publication or a judgment by default will be entered against you for the relief sought by the Plaintiffs. The above notice will run once a week for four (4) consecutive weeks on Friday’s stating with September 27, October 4, 11 and 18, 2019.
Cassandra Johnson,
Clerk of the Circuit Court of Etowah County
Paul R. Roberts II
P.O. Box 1459
Gadsden, AL. 35902
(256)543-8710
Attorney for Amber McCullough
September 27, October 4, 11 and 18, 2019
ORDINANCE NO. O-29-19
Adopting Fiscal Year 2020 Budgets
Whereas, in compliance with §11-43B-10, 1975 Alabama Code, after proper notice given by publication, a hearing has been held to receive public comment on the proposed budgets for fiscal year 2020;
Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. The budget document entitled General Fund Budget, filed with the City Clerk-Treasurer, together with all schedules and exhibits thereto, is hereby adopted as the General Fund Budget of the City of Gadsden, Alabama, for the fiscal year ending September 30, 2020.
Section 2. The FY2020 General Fund Budget provides for total anticipated income in the amount of $52,556,230.
Section 3. The FY2020 General Fund Budget appropriates the amount of $49,423,863 to the Departmental Budgets and the Non-Departmental Budget.
Section 4. The FY2020 General Fund Budget appropriates the amount of $2,211,500 to Outside Agency Appropriations. The Mayor on behalf of the City is hereby authorized to enter into a contract with each organization for the performance of a public purpose in the amount authorized in the budget.
Section 5. The FY2020 General Fund Budget appropriates the amount of $920,867 to Transfers to Other Funds.
Section 6. The FY2020 General Fund Budget appropriates the amount of $175,000 to Council Discretionary Funds. The Mayor on behalf of the City is hereby authorized to enter into a contract in the amount and with each organization for the performance of a public purpose as authorized by each Council Member.
Section 7. The budget document entitled Special Revenue Funds, filed with the City Clerk-Treasurer, is hereby adopted as the Special Revenue Funds Budget of the City of Gadsden, Alabama, appropriating $7,786,600 for the fiscal year ending September 30, 2020.
Section 8. The budget document entitled Debt Service Funds, filed with the City Clerk-Treasurer, is hereby adopted as the Debt Service Funds Budget of the City of Gadsden, Alabama, appropriating $7,318,060 for the fiscal year ending September 30, 2020.
Section 9. The budget document entitled Enterprise and Internal Service Funds (Airport, Golf Course, Residential Garbage and Employee Insurance), filed with the City Clerk-Treasurer, is hereby adopted as the Enterprise and Internal Service Funds Budget of the City of Gadsden, Alabama, appropriating $12,789,437 for the fiscal year ending September 30, 2020.
Section 10. The budget document entitled Capital Projects Fund, filed with the City Clerk-Treasurer, is hereby adopted as the Capital Projects Fund Budget of the City of Gadsden, Alabama, appropriating $8,000,000 for the fiscal year ending September 30, 2020.
Section 11. The budget document entitled Capital Projects Fund II, filed with the City Clerk-Treasurer, is hereby adopted as the Capital Projects Fund II Budget of the City of Gadsden, Alabama, appropriating $7,200,000 for the fiscal year ending September 30, 2020.
Section 12. In accordance with generally accepted accounting principles (GAAP), encumbrances outstanding as of September 30, 2020, shall be closed to the fund balance and re-established at the beginning of the new fiscal year as a reduction to the prior year’s budget and as an increase to the new fiscal year’s budget.
Section 13. Employees shall be entitled to receive the following step increase(s) as of the first pay period beginning in Fiscal Year 2020, under the pay plan adopted by Resolution No. R-403-04, as amended by R-238-10, based on the employee’s hourly rate of compensation under the pay plan at the end of Fiscal Year 2019:
Full Time Employees making over $15.03 per hour shall receive a one-step increase (1.25%).
Full Time Employees making $15.03 per hour or under shall receive a two-step increase (2.5%).
Employees of both the Police and Fire Departments shall be entitled to additional compensation in accordance with their respective departmental budgets.
Section 14. The Director of Finance and the City Clerk-Treasurer will maintain true and correct copies of the official budgets in their offices at all times during this fiscal year and make it available for public inspection during normal business hours.
Adopted this ordinance at an open public meeting held on September 17, 2019.
Iva Nelson, City Clerk
September 27,2019
U.S. POSTAL SERVICE STATEMENT OF OWNERSHIP MANAGEMENT AND CIRCULATION.
Required by 39 USC 3685
(1) Publication Title: The Messenger Newspaper
(2) Publication Number: 011757
(3) Filing Date: September 25, 2019
(4) Issue Frequency: Weekly
(5) Number of issues Published Annually: 52
(6) Annual Subscription Price: Local $30.00
(7) Complete Mailing Address of Known Office of Publication: Post Office Box 858, Gadsden, AL 35902.
(8) Complete Mailing Address of Headquarters or General Business office of Publication: 1957 Rainbow Drive, Gadsden, AL 35901
(9) Full Names and Complete Mailing Address of Publisher, Editor and Managing Editor: Publisher – Chris McCarthy, Post Office Box 858, Gadsden, AL 35902; Editor – Chris McCarthy, Post Office Box 858, Gadsden, AL 35902
(10) Owner: The New Messenger, LLC
(11) Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: Jon Craig Ford, P. O. Box 858, Gadsden, AL 35902.
(12) Tax Status: Has Not Changed During Preceding 12 Months.
(13) Publication Title: The Messenger Newspaper
(14) Issue Date for Circulation Data Below: September 27, 2019
(15) Extent and Nature of Circulation: General
Average No. Copies each Issue During Preceding 12 Months/No. Copies of Single Issue Published Nearest to Filing Date
- Total Number of Copies (net press run) 4502/4680 b. Paid and/or Requested Circulation: (1) Mailed Outside-County Paid Subscription Stated on PS Form 3541 103/103 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 674/674 (3) Paid Distribution Outside the Mails including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 3255/3443 (4) Paid Distribution by Other Classes of Mail Through The USPS 220/220 c. Total Paid Distribution 4252/4440 d. Free or Nominal rate Distribution (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0/0 (2) Free or Nominal Rate In-County Copies included on PS Form 3541 0/0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS 160/160 (4) Free or Nominal Rate Distribution Outside the Mail 0/0 e. Total Free or Nominal rate Distribution 160/160 f. Total Distribution 4412/4600 g. Copies not Distributed 90/80 h. Total 4502/4680 i. Percent Paid 96.37/96.52. Not applicable 17. Publication of Statement of Ownership Printed in the September 27, 2019 publication.
September 27, 2019
NOTICE OF VEHICLE POSSESSION
Pursuant to the provisions of Alabama Abandoned Motor Vehicles Act: Section 32-13-4 Code of Alabama 1975, notice is hereby given to the owners, lienholders and other interested parties that the following vehicles were taken into custody by AUTOW’S to which:
2005 HYUNDAI ELANTRA VIN: KMHDN46D15U169976
2015 NISSAN ALTIMA VIN: 1N4AL3AP1FN908791
1998 BUICK LESABRE VIN: 1G4HR52K6WH498019
2009 NISSAN ROGUE VIN: JN8AS58V49W440569
Will be sold to the highest bidder for cash at 3574 SHADY GROVE RD, BOAZ, AL 35956 on 10/30/2019 at 10:00 AM. The Seller shall have the right to reject any and all bids if in the opinion of the Seller, the bid is unreasonably low. Call AUTOW’S at 256-490-7237 for more information. Vehicles will be available for viewing 1 hour prior to sale on the date of sale.
Autow’s Towing & Recovery
217 4TH ST NW
Attalla AL 35954
Office: 256-490-7237
Fax: 866-285-4002
September 27 and October 4, 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 11/01/2019
2003 Chevrolet Avalanche VIN: 3GNEK13T43G14639
2007 Dodge Magnum VIN: 2D4FC47V07H842365
2014 Kenworth Construction VIN: 1XKYDP9X4HJ127280
ER Towing and Recovery
1733 Forrest Avenue
Gadsden, AL. 35901
256-547-1549
September 27 and October 4, 2019
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-19-900519-CDR
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$21,462.00 U.S. Currency
Defendant
In Re:
CHRISTOPHER IRIS, MARVIN SIMMONS, CLIFFORD MATHIS, JEFFREY JACKSON, RANDALL BOATWRIGHT, JUSTIN BREWSTER, TERESA WHITAKER, TAROD HARVEY, DARIUS HICKS, LEWIS JONES, MALICH PATTERSON, RICHARD WALTON, JERMAINE FITZPATRICK, JEFFREY JACKSON, TOSTIG MOORE, BRANDON WINSTON, TABRELLE MOORE, ERIC LINDSEY, EDDIE LOWERY, DEMETRIE LINDSEY, JALYN BREWSTER, TRAVONTAY DUDLEY, ANTONIO KELLEY, JORDAN HIGGINS, SANDRA GOLDEN, XATHAN COOK, QUARTEZ MARSHALL, MALCOLM MARBURY, AKAISUS VAUGHN, GAVIN NELSON, APRIL GROSS, JAMI WRIGHT, THADEOUS STRONG, JEREMY PINKARD, COREY CARLISLE, DAVITICA SATCHER, BRANDON HALE, WILLIAM BROWN, MARLANDO HIGGINS, WILLIAM CRAIG, TERRANCE HEARD, MARK SALMON, KIESHA WOODS, DENEZ ANSLEY, JONATHON GOODRICH, TIFFANY HILLSMAN, CHRISTOPHER LEACH, MISTY RICHARDSON, AUTURO MAYO, TIMOTHY BURTON, DAVITICA SATCHER, GLEN WILLIAMS, JR., TRENTON THOMPSON.
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said
Complaint by the 15th day of November, 2019. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 8th day of July, 2019.
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
September 20, 27, October 4 and 11, 2019.
