Legals for the week of February 23 – March 2, 2018

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MORTGAGE FORECLOSURE NOTICE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jason Mitchell Walker and wife, Angela Beth Walker, to Keystone Bank on the 3rd day of October, 2014, said mortgage being recorded at Instrument #3408383, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 5th day of March, 2018, the following described real estate situated in Etowah County, Alabama, to-wit:  Commencing at the NW Corner, SE 1/4 , SW ¼, Section 9, T12S, R4E, and running thence S66°30’E for a distance of 395.59 ft. to a point where the South right of way line of the Gallant-Attalla Hwy. (Etowah 35) intersects with the North line of a public road.  Said point being the point of beginning.  Beginning at this point and running S81°52’E and along the North line of said public road for a distance of 68.46 ft. to a point, thence run S89°33’E and continue along the North side of said road for a distance of 200.00 ft. to a point, thence run N72°33’E and continue along said road for a distance of 40.00 ft. to a point, thence run N46°58’E and continue along said road a distance of 75.00 ft. to a point, thence run N41°23’E and continue along said road for a distance of 100.00 ft. to a point where said road intersects again with the Gallant-Attalla Hwy., thence run in a Southwesterly direction and along the South right of way line of said highway for a distance of 527.10 ft. to the point of beginning.  Said parcel being bounded by the Gallant-Attalla Hwy. on the North side and a public road on all other sides and being situated in and part of the SE ¼, SW ¼, Sec. 9, T12S, R4E, County of Etowah, State of Alabama.  Containing 70/100 acres, more or less.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

RIVER BANK & TRUST fka Keystone Bank

BY: Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.    

Feb 9, 16 & 23, 2018

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Jimmy L. Holcomb and Jamie D. Holcomb to Joe E. Gamberi, Jr., and Frank Minogue dated March 2, 2007, and filed for record in the Office of the Judge of  Probate of Etowah County, Alabama, in Instrument Number 3266926 ; the undersigned mortgage owner, Joe E. Gamberi, Jr., and Frank Minogue, has 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 13th day of March, 2018, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

A tract or parcel of land described as beginning at a point which is East 80 feet and South 1,089.63 feet from the Northwest corner of the Northwest Quarter (NW¼) of the Northeast Quarter (NE ¼), Section Eleven (11), Township Twelve 12 South, Range Eight (8) East; thence from said point of beginning run South 200 feet to the North right of way of the county road; thence deflect left and run North 82 degrees 30 minutes East with said right of way 120 feet to a point; thence deflect left and run North 200 feet to a point; thence deflect left and run South 82 degrees 30 minutes West 120 feet to the point of beginning and being a portion of the Northwest Quarter (NW ¼) of the Northeast Quarter (NE ¼), Section Eleven (11), Township Twelve (12) South, Range Eight (8) East in Etowah County, Alabama, subject to reservation of minerals, mineral and mining rights, and subject to rights of Alabama Power Company as recorded in Book 6-H, Page 129, Probate Office, Etowah County, Alabama.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or 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 proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.

JOE E. GAMBERI, JR. and FRANK MINOGUE

Mortgage Owner

COPELAND LAW, LLP

Attorneys for owner

Feb 9, 16 & 23, 2018

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MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Louis E. Griffin and Janice M. Griffin to Community Credit Union, now known as WinSouth Credit Union, on the 25th day of October, 2011, said mortgage being recorded as Instrument Number 3357403 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 8th day of March, 2018, the following described real estate situated in Etowah County, Alabama, to-wit:  Lot 13 in Block 3 of Oak Park Addition to the City of Gadsden, according to the map thereof recorded in Plat Book “B”, Page 200 in the Probate Office of 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.

CODY D. ROBINSON

Brunson, Robinson & Huffstutler Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

February 9, 16 & 23, 2018

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MORTGAGE FORECLOSURE NOTICE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by David Bruce Butler and Wanda Kay Butler to Community Credit Union, now known as WinSouth Credit Union, on the 27th day of July, 2006, said mortgage being recorded as Instrument Number 3255066 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 8th day of March, 2018, the following described real estate situated in Etowah County, Alabama, to-wit:  FOR A POINT OF BEGINNING TO DESCRIBE THE PROPERTY HEREIN, START AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) IN SECTION TWENTY-ONE (21) AND FROM THENCE RUN IN A SOUTHERLY DIRECTION ALONG THE WEST LINE OF SAID FORTY A DISTANCE OF 879.5 FEET; THENCE DEFLECT AN ANGLE OF 56 DEGREES 51’ TO THE LEFT AND RUN IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 179.3 FEET TO A POINT IN THE SOUTHEAST SIDE OF FAIRVIEW PUBLIC ROAD; THENCE DEFLECT AN ANGLE OF 83 DEGREES 45’ TO THE LEFT AND RUN IN A NORTHEASTERLY DIRECTION ALONG THE SOUTHEAST SIDE OF SAID ROAD A DISTANCE OF 209 FEET TO A POINT, WHICH IS THE POINT OF BEGINNING TO DESCRIBE THE PROPERTY HEREIN; THENCE DEFLECT AN ANGLE OF 5 DEGREES 20’ TO THE RIGHT AND RUN IN A NORTHEASTERLY DIRECTION ALONG THE SOUTHEAST SIDE OF SAID PUBLIC ROAD A DISTANCE OF 209 FEET TO THE POINT OF BEGINNING. SAID DESCRIPTION EMBRACING A PORTION OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) IN SECTION 21, TOWNSHIP 11 SOUTH OF RANGE 6 EAST OF HUNTSVILLE MERIDIAN IN 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.

CODY D. ROBINSON

Brunson, Robinson & Huffstutler Attorneys, P.A.

P.O. Box 1189

Gadsden, Alabama  35902-1189

Phone 256-546-9205

February 9, 16 & 23, 2018

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Aaron Forcier and Anita R. Forcier, originally in favor of Financial Freedom Senior Funding Corporation, a subsidiary of Lehman Brothers Bank, FSB, on the 2nd day of July, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in DOC # M-2004-3233; the undersigned CIT Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on April 17, 2018, 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:

Commence at a point in the Southwest right of way line of the Pilgrims Rest Road, otherwise described as Project No. SACT 246 B, which said point is lying on the West line of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 and run South 43 degrees 06 minutes 29 seconds East along the Southwest right of way line of said Pilgrims Rest Road a distance of 900.00 feet to the Point of Beginning. From said Point of Beginning continue South 43 degrees 06 minutes 29 seconds East along said right of way a distance of 108.73 feet; thence run South 46 degrees 20 minutes 02 seconds West a distance of 135.95 feet; thence run South 46 degrees 55 minutes 32 seconds West a distance of 94.09 feet; thence run North 43 degrees 06 minutes 27 seconds West a distance of 110.00 feet; thence run North 46 degrees 53 minutes 33 seconds East a distance of 230.04 feet to the Point of Beginning. Said parcel of land being a portion of the South 1/2 of the Northwest 1/4 of Section 9, Township 13 South, Range 6 East, lying and being in the City of Southside, Etowah County, Alabama.  Property street address for informational purposes:  3255 Pilgrims Rest Rd, Gadsden, AL  35907.  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 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.

CIT Bank, N.A., Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

428834

Feb 9, 16 & 23, 2018

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MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Kenneth Sawyers Husband And Billie Jean  Sawyers  Wife to Mortgage Electronic Registration Systems, Inc., as nominee for SouthTrust Mortgage Corporation, its successors and assigns dated August 22, 2003; said mortgage being recorded as Instrument No. M-2003-4623 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust III   in Instrument 3455462 in the Office of the Judge of Probate of Etowah County, Alabama.  The undersigned, Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust III  , 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 19th day of March, 2018 the following property, situated in Etowah County, Alabama, to-wit:

PARCEL TWO: TO REACH THE POINT OF BEGINNING OF A TRACT OR PARCEL OF LAND DESCRIBED HEREIN COMMENCE AT THE NORTHWEST CORNER OF THE SW1/4 OF THE SE1/4 IN SECTION 31, AND RUN EAST ALONG THE NORTH LINE OF SAID FORTY A DISTANCE OF 634.20 FEET TO A POINT; THENCE RUN SOUTH 1° 24’ 47” EAST FOR A DISTANCE OF 351.65 FEET TO A POINT; THENCE RUN SOUTH 78° 42’ 36” EAST FOR A DISTANCE OF 303.8 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 78° 42’ 36” EAST FOR A DISTANCE OF 237.63 FEET TO A POINT; THENCE RUN SOUTH 1° 00’ 00” EAST FOR A DISTANCE OF 167.64 FEET TO A POINT; THENCE SOUTH 87° 40’ 00” WEST FOR A DISTANCE OF 249.88 FEET TO A POINT; THENCE RUN NORTH 3° 29’ 51” EAST FOR A DISTANCE OF 224.83 FEET TO THE POINT OF BEGINNING, SAID DESCRIPTION EMBRACING A PORTION OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) IN SECTION THIRTY-ONE (31), TOWNSHIP TWELVE (12) SOUTH, RANGE SEVEN (7) EAST OF THE HUNTSVILLE MERIDIAN, IN ETOWAH COUNTY, ALABAMA, AND CONTAINING 1.25 ACRES MORE OR LESS. SUBJECT TO THE RIGHTS OF THE ALABAMA POWER COMPANY AS SHOWN BY INSTRUMENTS RECORDED IN BOOK “7-F”, PAGE 60, BOOK “319”, PAGE 429 AND BOOK “438”, page 489, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.  The above legal description being a portion of the lands conveyed to Kenneth Sawyers and Billie Jean Sawyers, Husband and Wife, in Document #D-2003-3957 recorded on September 4, 2003.  Said property is commonly known as 403 Garner Road, Glencoe, AL 35905.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due.  The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.  Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Kenneth Sawyers and Billie Jean  Sawyers  or tenant(s).  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.  WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III 

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@mccallaraymer.com

File No. 940017

www.foreclosurehotline.net

Feb 16, 23 & Mar 2, 2018

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Teresa J. Beaube aka Teresa Kimbrell and Darryl Kimbrell, husband and wife, originally in favor of American General Financial Services of Alabama, Inc., on the 25th day of June, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3297205; the undersigned Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, 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 March 20, 2018, 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 12 of Garrison Estates as recorded in Plat Book K Page 77 Probate Office Etowah County, Alabama.  Property street address for informational purposes:  1220 Garrison Dr, Gadsden, AL  35901

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 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.

Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, Mortgagee/Transferee

Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

425989

Feb 16, 23 & Mar 2, 2018

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dennis R. Gibbs and wife, Teresa Gibbs, originally in favor of New Century Mortgage Corporation, on the 21st day of November, 2002, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc #: M-2002-5612; the undersigned Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Dean Witter Capital I Inc. Trust 2003-NC2, Mortgage Pass-Through Certificates, Series 2003-NC2, 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 March 20, 2018, 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:  Lots Numbers 8, 9, 10, 11, 12 and 13 in Block A of John Shahan’s resurvey of Lot No. 1 in Block No. 8 of the Ewing Addition according to map or plat of said resurvey recorded in Book of Town Plat B, Page 256 in the Office of the Judge of Probate of Etowah County, Alabama.  Property street address for informational purposes:  156 Ewing Ave, Gadsden, AL  35901.  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 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.  Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Dean Witter Capital I Inc.  Trust 2003-NC2, Mortgage Pass-Through Certificates, Series 2003-NC2, Mortgagee/Transferee

Pam King

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

399758

Feb 16, 23 and Mar 2, 2018

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Faith B. Espy and Jeremy L. Espy, wife and husband, originally in favor of Chase Bank USA, N.A. , on the 26th day of April, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3270953; the undersigned Federal National Mortgage Association (“Fannie Mae”), 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 March 20, 2018, 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:

Situated in Etowah County, Alabama, to-wit: A lot or parcel of land located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Five (5), Township Thirteen (13) South, Range Six (6) East, Huntsville Meridian, Etowah County, Alabama, said parcel of land also being known as Lot Three (3) of Block Situated in Etowah County, Alabama, to-wit: A lot or parcel of land located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Five (5), Township Thirteen (13) South, Range Six (6) East, Huntsville Meridian, Etowah County, Alabama, said parcel of land also being known as Lot Three (3) of Block “A” of Meadowood Forest Subdivision, being more particularly described as follows: To find the Point of Beginning Commence at the Northeast Corner of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Five (5), Township Thirteen (13) South, Range Six (6) East; thence South 89 degrees 28 minutes West along the North line of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) a distance of 120.92 feet; thence South 20 degrees 28 minutes West a distance of 231.40 feet; thence South 62 degrees 28 minutes West a distance of 231.04 feet; thence North 77 degrees 38 minutes West a distance of 352.91 feet to a point on the Southeasterly right of way of Jane Lane; thence South 52 degrees 14 minutes West along the Southeasterly line of Jane Lane a distance of 221.64 feet to the Point of Beginning of the hereafter described parcel of land; thence continue South 52 degrees 14 minutes West along the Southeasterly line of said road a distance of 99.13 feet; thence along the Easterly line of said road that is on a curve to the left a chord bearing and distance of South 38 degrees 47 minutes West, 41.04 feet; thence South 52 degrees 59 minutes East a distance of 207.29 feet; thence North 29 degrees 39 minutes East a distance of 90.00 feet; thence North 37 degrees 16 minutes West a distance of 175.00 feet to the Point of Beginning.

Property street address for informational purposes:  2075 Jane Ln , Southside, AL  35907

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 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.

Federal National Mortgage Association (“Fannie Mae”), Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

428387

Feb 16, 23 & Mar 2, 2018

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brandon M. Davidson and Amber I. Davidson, Husband and Wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Home Mortgage of America, Inc., a Corporation, on the 12th day of July, 2013, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3388483; loan modified by Instrument No. 3441814; the undersigned Wells Fargo Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on April 17, 2018, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Four (4) in Block Number Two (2), in the Third Addition to Woodlane Forest Subdivision, according to the Plat or Map thereof as the same appears of record in Plat Book G, Page 79, Probate Office, Etowah County, Alabama.

Property street address for informational purposes:  632 Cherry Laurel Rd, Gadsden, AL  35901.  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 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., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

429912

Feb 16, 23 & Mar 2, 2018

____________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on June 16, 2003 by Gary Yarborough and Stacy Yarborough, husband and wife, originally in favor of First Franklin Financial Corporation, and recorded in Mortgage Book 2003 at Page 3010 on June 18, 2003, in the Office of the Judge of Probate of Etowah County, Alabama. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on March 26, 2018, 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:

TO REACH THE POINT OF BEGINNING, COMMENCE AT THESE CORNER OF THE NW 1/4  OF THE NE 114, SECTION 11, TOWNSHIP 12 SOUTH, RANGE 7 EAST; THENCE RUN NORTH 07 DEGREES 09’ EAST 251.3 FEET TO A POINT IN THE NORTH LINE OF CLINTON STREET; THENCE RUN NORTH EIGHTY-EIGHT DEGREES 43’ WEST ALONG THE NORTH LINE OF CLINTON STREET 634.1 FEET TO A BEGINNING CONTINUE ALONG PREVIOUS COURSE 105 FEET TO A POINT; THENCE RUN NORTH 01 DEGREES 17’ EAST 257.3 FEET TO A POINT; THENCE RUN SOUTH 88 DEGREES 43’ EAST 105 FEET TO A POINT; THENCE RUN SOUTH 01 DEGREES 17’ WEST 257.3 FEET TO THE POINT OF BEGINNING, AND EMBRACING A PORTION OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), SECTION ELEVEN (11), TOWNSHIP TWELVE (12) SOUTH, RANGE SEVEN (7) EAST, IN ETOWAH COUNTY, ALABAMA.  For informational purposes only, the property address is: 5580 Clinton St, Hokes Bluff, AL 35903.  ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and 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.

PNC Bank, National Association, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 18-014876

Attorneys for Mortgagee or Transferee

Feb 23, Mar 2 & 9, 2018

___________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Thomas M. Wiggonton Sr. and Myra A. Wiggonton, Husband and Wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Primary Capital Advisors, LC, on the 7th day of November, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3314341; the undersigned Wells Fargo Bank, NA, 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 May 1, 2018, 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 17, according to the Survey of the Rearrangement of a part of Block 11 of the Gadsden Land and Improvement  Company’s Addition to Gadsden, as recorded in Plat Book “B”, Pages 344 through 345 in the Office of the Judge of Probate of Etowah County, Alabama.  Property street address for informational purposes:  1130 Christopher Ave., Gadsden, AL  35901.  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 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, NA, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

429302

Feb 23, Mar 2 & 9, 2018

____________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher C. Smith and Jessy Smith, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Keystone Bank, on the 29th day of March, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3364795; the undersigned Federal National Mortgage Association (“Fannie Mae”), as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on April 3, 2018, 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 2, Block 2, Unit 2 of Scenic Park, according to the map or plat thereof recorded in Plat Book F, Page 239, Probate Office, Etowah County, Alabama.  Property street address for informational purposes:  2533 Skyway St., Gadsden, AL  35904.  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 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.

Federal National Mortgage Association (“Fannie Mae”), Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

430285

Feb 23, Mar 2 & 9, 2018

____________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brent Skaggs and Brandi Skaggs, husband and wife as joint tenants with right of survivorship, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for SouthPoint Bank, on April 28, 2016, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3433370; and subsequently transferred to Freedom Mortgage Corporation; Freedom Mortgage 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, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on April 18, 2018, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:  A tract or parcel of land described as commencing at a point in the Southerly line of Oak Circle, which point is 20.4 feet Easterly measured along the Southerly line of said Oak Circle from the Northwest corner of Lot 17, in Block 3, in Oak Hill Division of the Country Club District Rearrangement, and from thence, continue in an Easterly direction along the Southerly line of Oak Circle a distance of 84.2 feet to a point of tangent; thence Easterly along the Southerly line of Oak Circle a distance of 60 feet to a point of curve; thence along a curve to the right having a radius of 30 feet and a central angle of 119 deg. 10 min. to a point of tangent; thence in a Southwesterly direction along the Southeast line of said Lot 17, which is also, the Northwest line of Country Club Drive a distance of 167.6 feet to a point; thence deflect an angle of 89 deg. 46 min. to the right and in a Northwesterly direction a distance of 184.5 feet to a point; thence deflect an angle of 97 deg. 19 min. to the right and run in a Northeasterly direction a distance of 139.6 feet to the point of beginning and embracing a portion of Lot Number Seventeen (17) in Block Number Three (3) in Oak Hill Division of the County Club District Rearrangement and Addition and Rearrangement of Block Number 12, Rainbow Park, according to the map of said Rearrangement recorded in Plat Book F, Pages 99 and 101, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.   This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

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

Freedom Mortgage Corporation

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Feb 23, Mar 2 & 9, 2018

___________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Teresa Helms, Single, originally in favor of CitiFinancial Mortgage Company, Inc., on the 7th day of July, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc.#: M-2004-2949; the undersigned U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on April 3, 2018, 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:

That certain parcel of land with all the building and improvements thereon being designated as Lot Number Sixty-Seven (67), Parcel Number 1, as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book F, Page 51-65 in the Office of the Judge of Probate of Etowah County, Alabama.  Property street address for informational purposes:  42 West Tuscaloosa Ave, Gadsden, AL  35904.  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 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.

U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

429836

Feb 23, Mar 2 & 9, 2018

___________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on July 17, 2012 by Howard Griffin Jr and Phyllis Griffin, husband and wife as joint tenants with full rights of survivorship, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Crescent Mortgage Company, and recorded in Instrument # at 3371020 on July 31, 2012, 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 #, 3457939 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 April 2, 2018, 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:

A portion of Lot #29 Block 3 Rolling Green Farm Tracts #2 as recorded 1n Plat Book E Pages 36 & 37 Probate Office Etowah County Alabama being more particularly described as follows Begin at an existing 3/4 pipe at the Southwest corner of said lot on the Easterly R/W of Murray Drive (40 R/W) and run Northeasterly along the South line of said lot 238 49 feet to a point thence deflect 76 35 07 left leaving said South line and run Northerly 176 53 feet to a point thence deflect 98°05 38 left and run Southwesterly 234 60 feet to a point on said R/W thence deflect 81°59 18 left and run a chord distance along said R/W 198 75 to the point of beginning Said property being a portion of Lot#29 Block 3 Rolling Green Farm Tracts #2 Etowah County Alabama and contains 1 00 acre (more or less) and being subject to an existing sewer easement.  For informational purposes only, the property address is: 208 Murray Dr, Gadsden, AL 35903.

Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and 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 AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 18-015046

Attorneys for Mortgagee or Transferee

Feb 23, March 2 & 9, 2018

____________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vickie J. Gill and Michael W. Gill, wife and husband, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Embrace Home Loans, Inc., on the 20th day of January, 2017, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3445881; the undersigned Embrace Home Loans, 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 May 1, 2018, 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:  Lots 8, 9, 10, 11, 44, 45 and 46 in Block F of the Mayfair Estates, recorded in Plat Book C, Page 273 in the Probate Office of Etowah County, Alabama.

Property street address for informational purposes:  235 Margaret St, Gadsden, AL  35903.  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 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.

Embrace Home Loans, Inc, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

419119

Feb 23, Mar 2 & 9, 2018

__________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Edward B. Coffey and Sybil Coffey, husband and wife, to AmSouth Bank, on September 22, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Document Number, M-2004-4238; Regions Bank Successor by Merger with AmSouth 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 March 16, 2018, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:  A tract of land described as beginning at a point in the Southerly, or Southeasterly, line of Lot Number 2, which point is 10.8 feet easterly, measured along the Southerly line of said lot, from the Southwest corner thereof, said point being the Southeast corner of that certain tract of land conveyed by W. J. Barclay and husband, O. J. Barclay, to R. A. and F. V. Goodall, by deed dated June 26, 1956, and recorded in Book 640, Page 75, Probate Office, Etowah County, Alabama, and from thence run in a Northeasterly direction along the Southeasterly line of said lot on a curve to the left with radius of 55.66 feet, a distance of 51.2 feet to point of tangent; thence in a Northeasterly direction along the Southeasterly line of said lot, a distance of 130.1 feet to point of curve; thence in a Northeasterly direction along the Southeasterly line of said lot on a curve to the right with radius of 344 feet to a distance of 106.97 feet to the Northeast line of said Lot 2, thence in a Northwesterly direction along the Northeast line of said Lot a distance of 151 feet to the Northwesterly line of said lot; thence in a Southwesterly direction along the Northwesterly line of said lot on a curve to the right, with radius of 50 feet , a distance of 49.77 feet to the Northwest corner of said lot; thence in a Southerly direction along a line deflected 4 degrees 48 minutes to the left from the West line of said Lot 2, and along the Easterly line of said Goodall tract, a distance of 75.5 feet, thence deflect an angle of 3 degrees 47 minutes to the right, and continue in a Southerly direction along the Easterly line of said Goodall tract to the point of beginning; said description embracing a portion of Lot Number Two (2) in Rearrangement of Lots 18 through 28, Block Number 2, and all of Block Number 1 of Mountain View Park Addition according to the map of said rearrangement recorded in Plat Book “F”, Page 17, said Probate Office; and lying and being in Gadsden, Etowah County, Alabama.

Address: 2600 Scenic Highway, Gadsden, AL 35904

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 Successor by Merger with AmSouth Bank

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Feb 23, Mar 2 & 9, 2018

____________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on July 14, 2003 by Donald Barnes and Pattie Barnes, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for The Bank, and recorded in Instrument # M-2003-3576 on July 17, 2003, 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 3361250 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 April 2, 2018, 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: Lot Number 53 in the First Addition to Druid Park, as recorded in Plat Book “H”, Page 87, Probate Office, Etowah County, Alabama.  For informational purposes only, the property address is: 4044 Bill Jon Dr, Rainbow City, AL 35906.

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 and Ingle, LLP at the address indicated below.  Shapiro and 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 AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 18-015025

Attorneys for Mortgagee or Transferee

Feb 23, Mar 2 & 9, 2018

___________

FILE CLAIM

PAUL BRONSTON WALTERS, SR appointed Personal Representative on 1/16/2018  Estate of RUBY MAE HOLDERFIELD CLARK, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

__________

FILE CLAIM

SIDNEY LAVON RICHARDSON appointed Personal Representative on 01/29/2017 Estate of SIDNEY RICHARDSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

_________

FILE CLAIM

MICKEY LANE OTWELL appointed Personal Representative on 1/22/2018  Estate of RICHARD OTHO THOMAS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

__________

FILE CLAIM

DUTCH LEE NELSON appointed Personal Representative on 1/25/2018  Estate of BARRY W. NELSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

____________

FILE CLAIM

JAMES G. MCGUIRE appointed Personal Representative on 12/13/2017 Estate of VINCENT I. MCGUIRE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

____________

FILE CLAIM

MARGARET ANN BURNS appointed Personal Representative on 1/12/2018  Estate of MATTHEW ASTON BURNS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

____________

FILE CLAIM

CARL BITTNER appointed Personal Representative on 1/30/2018  Estate of CHRISTOPHER M. BITTNER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 9, 16 & 23, 2018

__________

FILE CLAIM

JOYCE W. SINGTON appointed Personal Representative on 02/02/2018 Estate of FREDERIC W. SINGTON, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 16, 23 & Mar 2, 2018

____________

FILE CLAIM

CORINE WHITESIDE AND HENRIETTA BORDEN appointed Personal Representative on 02/06/2018 Estate of BERDIA MAE MORRIS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 16, 23 & Mar 2, 2018

__________

FILE CLAIM

CARL JAMES STEHAM & KATHY STEDHAM ISBILL appointed Personal Representative on 2/5/2018 Estate of GEORGIA KATHLEEN STEDHAM, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Feb 23, Mar 2 & 9, 2018

____________

RESOLUTION NO. R-41-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at 1608 MEADOWBROOK AVENUE in District 1 in the City of Gadsden, more particularly described as:  Lots Numbers Nine (9), Ten (10), Eleven (11) and Twelve (12) in Block “C”, Green Pastures Unit 2, Plat Book “C”, Pages 276 and 277, in the Office of the Judge of Probate of Etowah county, Alabama, said property lying and being in Gadsden, Etowah County, Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to Mary Lee Key.  Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

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

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

Adopted by the City Council of Gadsden at an open public meeting held on February 6, 2018.

Iva Nelson

City Clerk

Feb 23, 2018

___________

RESOLUTION NO. R-42-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at 607 POLK STREET in District 2 in the City of Gadsden, more particularly described as:  Lot “D” in Willey and Sjursen Rearrangement of Lots 36 to 46, inclusive, in Block Number Five (5) in Eastview Addition to Gadsden, according to map of said rearrangement as recorded in Book of Town Plats “D”, Page 8, Probate Office, Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to MICHAEL HEAD, 305 MISTLETOE HOLLOW ROAD;  Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

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

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

Adopted by the City Council of Gadsden at an open public meeting held on February 6, 2018.

Iva Nelson

City Clerk

Feb 23, 2018

__________

RESOLUTION NO. R-43-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at 205 S. 14TH STREET in District 3 in the City of Gadsden, more particularly described as:  S 38 LTS 21-23 BLK 3 TALLMAN ADD PLAT A-258 GADSDEN 5-12-6 of the probate records of Etowah County Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to Arlando & Quantecia Jennings, P.O. Box 240444, Montgomery, P.O. Box 634, State of Alabama, P.O. Box 327210, Montgomery;

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

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

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

Adopted by the City Council of Gadsden at an open public meeting held on February 6, 2018.

Iva Nelson

City Clerk

Feb 23, 2018

__________

RESOLUTION NO. R-44-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at

211 S. 14th STREET in District 3 in the City of Gadsden, more particularly described as:  S 60 OF N 120 OF LTS 1-2 BLK 3 HILL & CANSLER ADD PLAT A-74 GADSDEN 5-12-6 of the probate records of Etowah County Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to Gussie Jordan & Arlando Jennings, 1525 Kyle Avenue, P.O. Box 634, State of Alabama, P.O. Box 327210, Montgomery.  Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

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

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

Adopted by the City Council of Gadsden at an open public meeting held on February 6, 2018.

Iva Nelson

City Clerk

Feb 23, 2018

__________

RESOLUTION NO. R-45-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the structure located at 2907 ASHLEY STREET in District 6 in the City of Gadsden, more particularly described as:  Parcel One:  Beginning at a point on Ashley Street, 162 feet West of Central Avenue and running 150 feet North; thence 100 feet East along Ashley Street to the point of beginning, the Ashley Addition in Etowah County, Alabama.  Parcel Two:  Lots Numbers 8 and 9 in Block Number Eight in the Ellis Addition to Gadsden, according to the map or plat thereof recorded in Plat Book “D”,  page 124, in Office of the Judge of Probate of Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama, save and except all the minerals, mineral and mining rights, privileges and interest in, under and upon the same; subject to the restrictive covenants in the instrument executed by grantors under date of October 14, 1946, and recorded in Misc Record “U”, Page 46, in said Probate Office, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to James & Betty Snell, 4987 US Highway 411, and 7399 Tabor Road, GADSDEN;  Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

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

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

Adopted by the City Council of Gadsden at an open public meeting held on February 6, 2018.

Iva Nelson

City Clerk

Feb 23, 2018

___________

RESOLUTION NO. R-46-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at 3305 WESTERN AVENUE in District6 in the City of Gadsden, more particularly described as:  BEG SE COR LT 1 BLK 3 KYLES CHEAP HOME ADD ALA CITY PLAT B-189 TH W 55 ALONG N ROW OF WESTERN AVE TH N 100 THE E 5 TH of the probate records of Etowah County Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to FNA NP, LLC 120 N. LaSalle Street Suite 1220, Chicago, IL 60602, Sammy Satcher, 3305 Western Avenue; Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

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

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

Adopted by the City Council of Gadsden at an open public meeting held on February 6, 2018.

Iva Nelson

City Clerk

Feb 23, 2018

___________

RESOLUTION NO. R-56-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at 1533 TERRACE DRIVE in District 1 in the City of Gadsden, more particularly described as:  Lot Number Seven (7) in Block Number Three (3) in Brookwood Addition of Gadsden, according to the map thereof as recorded in Plat Book “D”, Pages 88 and 89, in the Office of the Judge of Probate, Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to Perez Jaquez Alfredo, 115 Sally Springs Road, Glencoe, Exchange Bank, 230 North 3rd Street;  Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on February 13, 2018.

Iva Nelson, City Clerk

Feb 23, 2018

__________

RESOLUTION NO R-57-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at 212 KEELING ROAD in District 1 in the City of Gadsden, more particularly described as:  Lots Number Five (5) and Six (6) in Block Number Two (2) in the James Cain addition number One (1) as the same is shown in the Judge of Probate, Etowah County in map Book “D”, page 185 and being situated in East Gadsden, Etowah County, Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to The Estates of Jordan Russell and Lizzie Russell, 912 Raley St;  Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN ALABAMA, as follows:

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on February 13, 2018.

Iva Nelson, City Clerk

Feb 23, 2018

__________

RESOLUTION NO R-58-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at 604 BLYTHE STREET in District 2 in the City of Gadsden, more particularly described as:  Lot Numbers Four (4) and Five (5) in Block Four (4) as shown on the map of Eastview Addition to the City of Gadsden as recorded in Plat Book “C”, Pages 10 and 11, Probate Office, Etowah County, Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama P.O. Box 327210, Montgomery, Billy Wise, Mortgage Holder, Michael Cason and Towona Cason;  Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on February 13, 2018.

Iva Nelson, City Clerk

Feb 23, 2018

____________

RESOLUTION NO. R-59-18

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at 3201 FORREST AVE. in District 7 in the City of Gadsden, more particularly described as:  Lots Numbers Three (3) and four (4), of the Forrest Homes Addition, as the same appears of record in Plat Book “C”, Page 233, in the Probate Office of Etowah County, Alabama; said property lying and being in Gadsden, Alabama, is a nuisance and ordered its abatement; and Whereas, as required by the City Code, notice of a public hearing has been given to The Estate of James Alldredge, his heirs being: Deborah Croyle and Kimberly Saunders, 305 Wilson Street, Gadsden and James Steven Alldredge, 715 Edwards Road, Altoona, Robert D. Watson, Sr. and wife Mary F. Watson, Regions Bank 200 Broad St;

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

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

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

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on February 13, 2018.

Iva Nelson, City Clerk

Feb 23, 2018

____________

A BILL TO BE ENTITLED AN ACT

STATE OF ALABAMA, COUNTY OF ETOWAH

NOTICE is hereby given that a bill substantially as follows will be introduced in the 2018 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:

To alter, rearrange, and extend the boundary lines and corporate limits of the City of Glencoe in Etowah County.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The boundary lines and corporate limits of the City of Glencoe in Etowah are altered, rearranged, and extended to include within the corporate limits of the municipality, in addition to the lands now included, all of the following territory:

Commence at the Northwest corner of Lot 1, of Camden Cove Subdivision, as recorded in Plat Book “K”, page 41, Probate Office, Etowah County, Alabama, and run North 69 degrees 00’ 00” West, along the extension of the Northeast line of said Lot 1, 16.12 feet to a point; thence run South 42 degrees 26’ 54” West 187.57 feet; South 36 degrees 43’ 31” West 99.55 feet; South 45 degrees 21’ 09” West 246.15 feet; North 65 degrees 15’16” West 16.81 feet to a point on the 510 contour of H. Neely Henry Reservoir; thence run along said 510 contour with the following chords: South 46 degrees 07.35” West 34.74 feet; South 36 degrees 51’ 05” West 70.06 feet; South 07 degrees 41’ 17” West 36.56 feet to the point of beginning; thence continue along said 510 contour with the following chords: South 59 degrees 45’ 39” East 75.92 feet; South 52 degrees 02’ 19” East 37.17 feet; South 70 degrees 08’ 34” East 58.63 feet; North 02 degrees 19’ 01” East 62.51 feet; North 62 degrees 06’ 29” West 50.91 feet; North 77 degrees 29’ 55” West 87.91 feet; South 41 degrees 50’ 06” West, leaving said 510 contour, 32.60 feet to the point of beginning. Said property being a portion of Fraction “A”, Section 23, Township 12 South, Range 6 East of Huntsville Meridian, Etowah County, Alabama, and contains 0.18 acre, more or less. Said property is subject to the 100 year flood contour line whose elevation is 518.70 feet above mean sea level.

Section 2. In accordance with Section 11-42-6(b) of the Code of Alabama 1975, a map showing what territory is proposed to be annexed to the City of Glencoe is on file in the office of the Judge of Probate in Etowah County, Alabama, and the map is open to the inspection of the public.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Feb 2, 9,16 & 23, 2018

_____________

A BILL TO BE ENTITLED AN ACT

Relating to Etowah County; to provide for the salary of the coroner.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1.  Effective beginning the next term of office after the effective date of this act, the annual salary of the coroner shall be eighteen thousand dollars ($18,000) per year payable from the general fund of the county.  Acceptance of this salary shall be in lieu of any other salary, compensation, fees, expense allowance, or other allowance provided by law prior to the effective date of this act, except provisions for the use of a county vehicle pursuant to Act 2016-235, now appearing as Section 45-28-60.1, Code of Alabama 1975.  In addition, the coroner shall receive any cost-of-living increases granted to other county officers pursuant to Chapter 2A of Title 11, Code of Alabama 1975.

Section 2.  All laws or parts of laws which conflict with this act are repealed.  Beginning the next term of office of the coroner after the effective date of this act, Act 2000-651 of the 2000 Regular Session (Acts 2000, p. 1305), now appearing as Section 45-28-60, Code of Alabama 1975, is expressly repealed.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Feb 16, 23, Mar 2 & 9, 2018

______________

NOTICE OF PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: The Estate of NEAL FRANKLIN DAVENPORT, Deceased

Case No.: S-9255

Notice to:  All creditors, heirs or distributees and all other persons interested in the Estate of Neal Franklin Davenport, filed a Report of Insolvency of said Estate on the 8th day of February, 2018.  You are hereby notified that a hearing on the Petitioner’s Report of Insolvency will be held at my office in the Etowah County Courthouse, on the 3rd day of April, 2018, at 2:00 o’clock p.m. when the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency should be denied.

This the 9th day of February, 2018, at Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Feb 16, 23 & Mar 2, 2018

___________

NOTICE OF PETITION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE CHANGE OF NAME OF: DSW, A MINOR, TO: DJR

CASE # S-9794

NOTICE OF PETITION FOR CHANGE OF NAME TO THE NATURAL FATHER OF A MINOR CHILD WHOSE WHEREABOUTS ARE UNKNOWN

You will take notice that a Petition for Change of Name of a Minor Child born of natural mother, HOPE PATTON, set to be heard on March 6, 2018 at 10:00 a.m., was filed on the December 19, 2017, alleging that the whereabouts of the natural father of the minor child, is unknown and has not been disclosed to this Court.  Minor child’s date of birth is 01/15/2013.

Please be advised that should you intend to contest this minor name change, you must file a written response within (30) days of the date of the last publication herein with Dani V. Bone, 1031 Forrest Avenue, Gadsden, AL 35901 and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901

Done this the 22nd day of January, 2018

Bobby M. Junkins

Judge of Probate

Feb 2, 9, 16 & 23, 2018

___________

NOTICE OF DIVORCE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE# DR-17-900441GCD

JOHN DAID COGGINS

936 RANDALL ROAD

GALLANT, AL 35972

D.O.B.: 12/28/1993

PLAINTIFF

VS.

MOLLY LOGAN COGGINS

UNKNOWN

D.O.B.: 05/12/1988

DEFENDANT

MOLLY LOGAN COGGINS, whose whereabouts is unknown, must answer the complaint of JOHN DAVID COGGINS, seeking a divorce and other relief by March 5, 2018, or thereafter a judgment by default may be rendered against her in Civil Action Circuit Court of Etowah County, Alabama.

Dated this the 31st day of January, 2018

Cassandra Johnson

Circuit Clerk

Feb 2, 9, 16 & 23, 2018

____________

ADOPTION NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA.

CASE NO: A-1286

IN THE MATTER OF The adoption Petition of:

EDWIN JOSEPH MURPHY

NOTICE TO ANTHONY GLENN NEWELL, WHOSE WHEREABOUTS ARE UNKNOWN:  You will take notice that the Adoption Petition of Edwin Joseph Murphy, set to be heard on the 24th day of April, 2018, at 10:00 a.m. was filed on the 7th day of February, 2018.  Minor child’s birth date is November 1, 2005 who was born to Robin Elaine Works.

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 Krystal G. Padula, Esq., 834 Chestnut Street, Gadsden, AL 35901 and with the Clerk of the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this the 19th day of February, 2018.

Bobby M. Junkins

Probate Judge

Feb 23, Mar 2, 9 & 16, 2018

_____________

NOTICE OF CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-18-900068-WHR

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

PLAINTIFF

VS.

$3,814.00 U.S. Currency

DEFENDANT

In Re: Tevin Travion Spears

TO ANY PERSON, CORPORATION OR OTHER ENTITIY 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 27th day of March, 2018.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 25th day of January, 2018.

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

Feb 9, 16, 23 & Mar 2, 2018

_____________

NOTICE OF CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-18-900067-GCD

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

PLAINTIFF

VS.

2003 Cadillac Deville

VIN# 1G6KD54 Y73U212663

DEFENDANT

In Re: Tevin Travion Spears

TO ANY PERSON, CORPORATION OR OTHER ENTITIY 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 vehicle.  You are hereby notified that you must answer said Complaint by the 27th day of March, 2018.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 25th day of January, 2018.

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

Feb 9, 16, 23 & Mar 2, 2018

_____________

NOTICE OF CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION CASE NO: CV-18-900024-WHR

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

PLAINTIFF

VS.

$16,229.00 U.S. Currency

DEFENDANT

In Re: Fernando L. Miliner

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED PROPERTY:  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 htat you must answer said Complaint by the 5th day of April, 2018.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 5th day of February, 2018.

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

Feb 9, 16, 23 & March 2, 2018

____________

NOTICE OF COMPLETION

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Schmidt Environmental Construction, Inc. has completed the contract for Attalla Water Reclamation Facility for the City of Attalla, AL,  a municipal corporation, and have made requests for final settlement of said contract.  All persons having any claims for labor, materials or otherwise in connection with this project should immediately notify the City of Attalla, 612 Fourth Street, NW, Attalla, Alabama 35954.

Schmidt Environmental Construction, Inc.

P.O. Box 369

Auburn, AL 36831-0369

(334) 887-0334

Feb 23, March 2, 9 & 16, 2018

_________

PUBLIC NOTICE

The contents of unit #101 will be disposed of on 2/9/2018 for charges due.

Tasie Miranda

Briarmeade Village Mini-Warehouses

409 W. Main Street

Glencoe, AL 35905

Feb 23 & Mar 2, 2018

_____________

LEGAL NOTICE

Southside Storage, 1476 Hwy 77 will sell at auction the contents of these units on Saturday, March 10, 2018 at 10:00 a.m.

BETHANY HENDERSON #1

3715 Rainbow Dr.

Rainbow City, AL 35906

SHERI YANCEY #33

1525 Lakemont Dr S

Southside, AL 35907

Feb 23 & Mar 2, 2018

__________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/30/2018.

2005 GMC YUKON; VIN: 1GKEC13TO5R173551

Thacker Towing

927 5th Avenue N.E.

Attalla, AL 35954

(256) 546-9994

Feb 23 & Mar 2, 2018

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/30/2018.

1984 OLDSMOBILE DELTA 88; VIN# 1G3AY7Y3 EX352014

2006 CHEVROLET COBALT; VIN# 1G1AK55F 067671704

Hammett Towing

240 Wesson Lake Road

Attalla, AL 35954

(256)613-8499

Feb 23 & Mar 2, 2018

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/30/2018.

2005 MERCURY SABLE; VIN# 1MEFM50U 15A600928

Thomas Badgett

6965 Sand Valley Road

Attalla, AL 35954

(256) 505-8521

Feb 23 & Mar 2, 2018

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 3/30/2018.

2001 DODGE RAM 1500; VIN# 3B7HC13Z11G766083

2004 CHEVROLET SILVERADO 1500; VIN# 1GCEC14V 54Z157033

2000 NISSAN PATHFINDER; VIN# JN8AR07S 7YW447021

2000 HONDA ACCORD; VIN# 1HGCG2259YA043434

2001 TOYOTA SIENNA; VIN# 4T3ZF13C11U333032

2014 CHEVROLET CRUZE; VIN# 1G1PC5SB5E7324151

2008 AUDI A4; VIN# WAUAF78E18A085073

2000 HYUNDAI ELANTRA; VIN # KMHJF35F6YU992744

1997 CHEVROLET C1500; VIN# 2GCEC19M5V1180337

ER Towing & Recovery

827 Jones St.

Gadsden, AL 35901

(256) 547-1549

Feb 23 & Mar 2, 2018

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