Weekly Notices for 7/26 - 8/1/2019
August 2, 2019 chris
NOTICE OF
VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 9/6/2019.
2011 CHEVROLET MALIBU VIN: 1G1ZD5E78BF379756
2007 CHEVROLET IMPALA VIN: 2G1WU58R279199317
2005 MITSUBISHI ECLIPSE VIN: 4A3AC74H55E004055
1997 BUICK SYYLARK VIN: 1G4NJ52M2VC432977
TOMMY TOW'S
GADSDEN ,AL 35904
AUGUST 2 AND 9 2019
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 9/06/2019.
2004 DODGE DURANGO VIN: 1D4HD58DX4F134810
MAXIMUM DIESAL & AUTOMOTIVE SERVICE
2000 HICKORY STREET
GADSDEN, AL. 35904
AUGUST 2 AND 9, 2019
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 9/06//2019.
2007 HARLEY DAVIDSON FLHR VIN: 1HD1FB41X7Y645721
HAMMETT TOWING
240 WESSON LAKE ROAD
ATTALLA, AL. 35954
2017 JEEP PATRIOT VIN: 1C4NJPBBXHD117860
2000 KIA SPORTAGE VIN: KNDJB7236Y5686851
2017 HYUNDAI ELANTRA VIN: 5NPD74LF2HH186532
2004 JEEP GRAND CHEROKEE VIN: 1J4GX48J84C216983
1991 DODGE GRAND CARAVAN VIN: 1B4GK54R5MX585361
1977 FORD F150 VIN: F10BNY48010
1998 MERCURY VILLAGER VIN: 4M2ZV1118WDJ21814
ER TOWING & RECOVERY
1733 FORREST AVE,
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 9/3/2019
1996 Nissan PU White Vin # 1N6SD11S1TC316347
UNI Automotive Group LLC.
The City of Attalla will hold a public hearing for a Petition of Variance for property located at 110 4th St, Attalla, Al on Monday, August 19, 2019 at 5:00 p.m. at Attalla City Hall.
Johnnie Sue Gilbert
ORDINANCE NO. O-24-19
ON HIGHWAY 77
BE IT ORDAINED BY THE CITY COUNCIL OF GADSDEN, ALABAMA, that the Official Zoning Map of the City of Gadsden adopted by Ordinance No. O-02-82, as amended, is hereby further amended by changing the zoning classification district for the following described properties from I-1, Light Industry District, to B-2, General Business District:
A parcel of land located in the Northeast ¼ of Section 14, Township 12 South, Range 5 East, Etowah County, Alabama. Said parcel being particularly described as follows: Commence at a found concrete monument marking the Northeast corner of the above mentioned Section 14; thence run North 89°55'09" West along the North line of said Section 14 for a distance of 368.69 feet to a set 5/8" capped rebar stamped CA-560-LS, said point marking the point of beginning of the parcel herein described; thence leaving said Section line fun South 00°04'51" West for a distance of 96.70 feet to a set 5/8" capped rebar stamped CA-560-LS; thence run South 26°08'22" West for a distance of 412.11 feet to a set 5/8" capped rebar stamped CA-560-LS, said point lying on the North right-of-way for of State Route 77; thence run North 63°51'38" West along said right-of-way for a distance of 373.89 feet to a set 5/8" capped rebar stamped CA-560-LS; thence leaving said right-of-way run North 26°08'22" East for a distance of 336.92 feet to a set 5/8" capped rebar stamped CA-560-LS, said point lying on the aforementioned Section line; thence run South 89°55'09" East for a distance of 368.91 feet to the point of beginning. Said parcel contains 157,861 square feet or 3.62 acres, more or less.
Adopted by the City Council of Gadsden, Alabama at a meeting held on July 23, 2019.
Iva Nelson, City Clerk
Notice of Creditors
In the Probate Court of Etowah County, Alabama
Case No: S-10588
County of Covington
Letters Testamentary upon the Estate of Mae Helen Pearson, deceased, having been granted to the undersigned on the 12th day of July, 2019 by the probate Judge of Etowah County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same, duly sworn to, in the Probate Court of said county within the time allowed by law, or else the same will be forever barred.
Scott W. Hassell
Probate Judge of Etowah County
Michael G. Strickland, Esq.
Strickland & Kendall
2740 Zelda Road Ste 500 (36106)
Post Office Box 99
Montgomery, AL. 36101
Attorney for Administrator
August 2, 9, and 16, 2019
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-19-900542-CDR
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
$793.00 U.S. Currency
Glock #22 .40 Caliber
Serial # AAKR642
Smith & Wesson 9MM
Serial # FZX3061
Serial # HFB9083
Clerke 1st .22 Caliber
Serial # 033978
In Re: Anthony Cornelius Foster
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER'S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND 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 and property. You are hereby notified that you must answer said
Complaint by the 18th day of October, 2019. Failure to file such answer shall result in your loss of any claimed owner's or other interest in said currency.
DONE this the 12th day of July, 2019.
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
August 2, 9, 16 and 23, 2019
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Ramona Davis, a single woman, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc., on the 8th day of December, 2015, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument No. 3427784; the undersigned Quicken 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 October 3, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
A tract of land described as beginning at a point in the Northwest right of way line of the present Gadsden Centre Highway, which said point is 272 feet Northeasterly from where said Northwest right of way line intersects the South line of the SE 1/4 of the NE 1/4 and from thence run in a Northeasterly direction and along said right of way line a distance of 75 feet, thence in a Northwesterly direction and at right angles to said right of way line a distance of 150 feet, thence in a Southwesterly direction and at right angles, a distance of 75 feet, thence in a Southeasterly direction and at right angles a distance of 150 feet to the Point of Beginning and being a portion of the SE 1/4 of the NE 1/4 in Section 34, Township 11 South of Range 6 East of Huntsville Meridian, in Etowah County, Alabama.
Property street address for informational purposes: 1208 Ewing Ave , Gadsden, AL 35901
THIS PROPERTY WILL BE SOLD ON AN "AS IS, WHERE IS" BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.
The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation.
Quicken Loans Inc., Mortgagee/Transferee
Jahan Berns
SIROTE & PERMUTT, P.C.
O. Box 55727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
August 2, 9 and 16, 2019
COUNTY OF ETOWAH
Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Paul M. Murratta and wife. Mary Jacobs Muratta. as Mortgagors to Keystone Bank-Gadsden, now River Bank & Trust. as Successor in interest to Keystone Bank. as Mortgage. dated the 19th day of April, 2012, and recorded in instrument Number 3366049. Probate Office, Etowah County. Alabama.
With the default of the said Mortgagors having continued to this date, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder between the legal hours of sale, on the 23 day of August, 2019, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, the following described real property situated in Etowah County. Alabama. to-wit:
Commence at the Southwest Comer of SW1/4-NE1/4, Section 26, T-12-S, R-6-E, and run East along the South line of said forty 410.0 feet: thence deflect 91°03'20" left a distance of 468.63 feet; thence deflect 91°03'20" right a distance of 890 feet; thence deflect 11°46' left a distance of 291.12 feet to a point on the Northeasterly right of way line of Wilson Drive; thence deflect 47°00 right and run Southeasterly along the Northeasterly right of way line of Wilson Drive a distance of 255 feet, more or less, to the Southernmost comer of a parcel of land described In deed recorded In Book, Page 126B, Page 167 Probate Office, Etowah County, Alabama; thence deflect left 70°45' and run along the Southeast line of said "1268-167" parcel a distance of 207.80 feet to a point on the 510 contour of the H. Neely Henry Reservoir and the point of beginning. From said point of beginning deflect 180° right and run along said Southeast line of "1268-167" parcel for a distance of 207.80 feet to a point on the Northeasterly right of way of Wilson Drive; thence deflect 109°15' left a distance of 125.10 feet; thence deflect 71°42' left a distance of 205.49 feet to a point on 510 contour of the H. Neely Henry Reservoir; thence deflect left and run Northwesterly along 510 contour of the H. Neely Henry Reservoir a distance of 123.0 feet, more or less, to the point of beginning, said parcel of land being a portion of the Northeast Fractional Quarter (NE Frac. ¼), Section Twenty-Six (26), Township Twelve (12) South, Range Six (6) East, In Etowah County, Alabama.
Said sale will be made for purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney's fee, and the other purposes set out in said mortgage, and will be made subject to the rights of redemption as provided by law.
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 person 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."
Elizabeth Haney
Inzer, Haney, McWhorter & Haney, LLC
August 2 & 9, 16 and 2019
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Linda Howard, a married woman and husband, Tommy Howard, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Finance America, LLC, on the 26th day of July, 2005, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc# M-2005-3124; the undersigned U.S. Bank National Association, as Trustee for Home Equity Asset Trust 2006-5 Home Equity Pass-Through Certificates, Series 2006-5 , 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 July 25, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Twenty-Three (23) in Block Number 1-A, in Shoreland Estates, Inc.'s First Addition to Broadway, according to the Map or Plat thereof recorded in Plat Book "C", Page 383, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama.
Property street address for informational purposes: 404 Herzberg Circle, Gadsden, AL 35903
U.S. Bank National Association, as Trustee for Home Equity Asset Trust 2006-5 Home Equity Pass-Through Certificates, Series 2006-5, Mortgagee/Transferee
The above mortgage foreclosure sale has been postponed until 10/31/2019 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.
June 14, 2019, June 21, 2019, June 28, 2019 and August 2, 2019
MORTGAGE FORECLOSURE NOTICE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by John David Sparks, Jr., an unmarried man, to Family Savings Credit Union on the September 10, 2002, said mortgage being recorded at Doc. #: M-2002-4143, 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 August 26, 2019, the following described real estate situated in Etowah County, Alabama, to-wit:
A lot or parcel of land described as beginning at a point in the west line of what is known as Herzberg Circle, where the dividing line between Lot Numbers 4 and 5 in Block 1-A, according to the amended map of Lots 1 through 10, Block 1-A, Shoreland Estates, Inc., First Addition to Broadview as the same is recorded in Plat Book "E", page 27, Probate Office, intersects the same, and from thence running in a northerly direction and along the west line of said Herzberg Circle a distance of 5 feet to a point; thence in a westerly direction and parallel with the dividing line between said Lot Numbers 4 and 5 and said line produced, a distance of 110.8 feet; thence in southerly direction and parallel with the west line of said Herzberg Circle a distance of 70 feet to the Southwest corner of said Lot Number 5; thence in an Easterly direction and along the south line of said Lot Number 5 a distance of 110.8 feet to a point in the west line of Herzberg Circle; thence in a northerly direction and along the west line of said Herzberg Circle a distance of 65 feet to the point of beginning, and embracing all of Lot Number Five (5) and a strip of even width off the south side of Lot Number Four (4) all in Block 1-A, according to the amended map of Lots 1 through 10, in Block 1-A, Shoreland Estates, Inc., First Addition to Broadview, as the same appears of record in the Plat Book "E", page 27, Probate Office, and a portion of the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼) in Section Ten (10), Township Twelve (12) South, of Range Six (6) East of Huntsville Meridian, all in Gadsden, 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. 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.
Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.
O. Box 129
NOTICE OF FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Danny Dale Lowe and Dianne S. Lowe, husband and wife, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Equifirst Corporation, on May 9, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, M-2003-2418; and subsequently transferred to New Residential Mortgage Loan Trust 2016-4; New Residential Mortgage Loan Trust 2016-4, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on September 16, 2019, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot No.31, in Hawthorne Place, according to the map or plat thereof recorded in Plat Book "I", Page 16, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Southside, 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.
New Residential Mortgage Loan Trust 2016-4
Transferee
Jauregui, Lindsey, Longshore & Tingle
244 Inverness Center Drive
PETITION FOR FINAL CONSENT SETTLEMENT
In the Matter of the Estate of:
Deceased: Cecil Kiser
Case Number: S-10354
To the Honorable Scott W. Hassell, Judge of Probate
Comes now your Petitioner, Josh Duckworth, as Personal Representative of the Estate of Cecil Kiser, deceased, and respectfully submits these presents as his report and Petition for Final Settlement of said Estate and his discharge as such Personal Representative.
Your Petitioner represents unto Your Honor that he was appointed as the Personal Representative of said Estate by his Honorable Court on the 22nd day of January, 2019, and that due notice of said appointment and notice to file claims has been given by publication in The Messenger, a newspaper published in Etowah County, Alabama, once a week for three successive weeks. Your Petitioned further represents that actual notice by first class mail, of said appointment and notice to file claims, has been given as required by law to all individuals and/or entities who or which were known or believed, after reasonable investigation by undersigned, to be creditors or claimants of said decedent or his Estate.
Your Petitioner further avers that more than six months have expired since Letters of Administration were issued on said Estate and that all of the debts of said decedent have been paid and satisfied in full and said Estate fully administered.
Your Petitioner further avers that there was executed by Cynthia Kiser, the sole heir at law and next of kin of the decedent.
Your Petitioner further avers that there has been a full and complete distribution of the assets of the Estate pursuant to the law of descent and distribution of the State of Alabama, as evidenced by Consent, Receipt and Release executed by Cynthia Kiser, as said sole lawful heir, filed herewith.
Wherefore, the Premises Considered, your Petitioner, having delivered to the said sole lawful heir of the Estate of Cecil Kiser, deceased, her full share of this Estate as evidenced by said Consent, Receipt and Release filed herewith, prays that this Petition, and accompanying report for Final Settlement and that Your Petitioner, as such Personal Representative, and Western Surety Company, the surety upon his bond, be discharged from all or further liability for, or on account of his administration of said Estate.
Dated this the 25th day of July, 2019
Josh Duckworth
Personal Representative of the Estate of Cecil Kiser, deceased
Sworn to and subscribed before me this 25th day of July, 2019.
FILE CLAIMS
Joseph Holloway appointed Personal Representative on 07/09/2019 Estate of Marilyn Ann Holloway deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Judge of Probate
Deborah G. Hawkins appointed Personal Representative on 07/23/2019 Estate of Mary Wilson Kirstein deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Dorothy Lewis Harris appointed Personal Representative on 07/16/2019 Estate of Clifton T. Harris, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Jimmie D. Bachelor appointed Personal Representative on 07/16/2019 Estate of Melissa Clements Bailey, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Melody Banks appointed Personal Representative on 07/12/2019 Estate of Charles Robert Wynn deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
CASE NO: CV-19-900582-GCD
$2,730.00 U.S. Currency
In Re: ANGEL MICHELL WRIGHT
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER'S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 1st day of September, 2019. Failure to file such answer shall result in your loss of any claimed owner's or other interest in said currency.
PUBLICATION OF ADOPTION
CASE: A-1484
IN THE MATTER OF ADOPTION PETITION OF: M.G AND A.G.
Notice to: O.G. ELLISON
Address: Unknown
You will take notice that a Petition for Adoption of a child born of K.D.B., was filed on the 19th day of July, 2019, alleging that the whereabouts and identity of the natural father are unknown and said natural father has abandoned this child for a period of more than six months prior to the filing of the petition. Minor Child's birth date is 2/10/05.
Please be advised that should you intend to contest this adoption, you must file a written response within 30 days of the date of the last publication herein with Petitioner's Adoption Attorney, Robert T. Noone, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, 800 Forrest avenue, Gadsden, Alabama 35901. Done this 26th day of July 2019.
Robert T. Noone, Esq.
Adoption Attorney