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Public Notice LEGAL NOTICE Default having been made in the payment of the indebtedness described in and secured by that certain instrument granting a security interest in real property from Suzanne Williams formerly known as Suzanne Boykin to Celtic Bank Corporation dated October 28, 2008 and recorded at DMM Book 1344, Page 268 of the records in the Office of the Judge of the Probate Court of Clarke County, Alabama, notice is hereby given that the undersigned as owner of the said mortgage and the indebtedness secured thereby has declared such indebtedness to be immediately due and payable and will, between 11:00 A.M. and 4:00 P.M. on March 18, 2010, sell at public auction to the highest bidder for cash, in front of the main door of the Courthouse of Clarke County, Alabama, the property described in and encumbered pursuant to said mortgage and situated in Clarke County, State of Alabama, and more particularly described as follows: Commencing at a found 2" square iron at the SE Corner of the SW 1/4 of the SE 1/4 of section 34, T6N-R3E; thence N 00 degrees 00 Min 00 Sec W, a distance of 1332.17' to the calculated SW Corner of the NE 1/4 of the SE 1/4; thence N 00 Deg 05 Min 10 Sec E, a distance of 610.00' to a set 5/8" capped iron at the point of beginning; thence N 00 Deg 05 Min 10 Sec E, a distance of 208.70' to a set 5/8" capped iron; thence S 89 Deg 54Min 52 Sec E, a distance of 208.70' to a set 5/8" capped iron; thence S 00 Deg 05 Min 10 Sec W, a distance of 208.70' to a set 5/8" capped iron; thence N 89 Deg 54 Min 52 Sec W, a distance of 208.70' to the point of beginning. Contains 1.0 acres more or less and is a part of the NE 1/4 of the SE1/4 of Section 34, T6NR3E, in Clarke County, Alabama and is subject to a gravel drive across property that cannot be closed as other people use it for access. Together with that 2008-River Birch/4041-1 River Birch Homes, Inc. Doublewide Manufactured Home with a width of 26 & a length of 58 bearing identification number RB07AL12702A/B which , by intention of the parties and upon retirement of the certificate of title shall constitute a part of the realty and shall pass with it. EXCEPTING from each of the above parcels all interest in and to all oil, gas and other minerals in, on and/or under said property and all rights in connection therewith as contained in DMM Book 1344, Page 268 recorded in the Office of the Judge of Probate of Clarke County, Alabama. Said sale is for the purpose of paying the indebtedness and the expenses incident to the sale, including a reasonable attorney’s fee. CELTIC BANK CORPORATION, AS HOLDER OF SAID ENCUMBRANCE SILVER, VOIT & THOMPSON Attorneys at Law, P.C. 4317-A Midmost Drive Mobile, AL 36609 Telephone: 251-343-0800 LS-7827-13428/rc 5-(498)-3tc IN THE PROBATE COURT OF CLARKE COUNTY, ALABAMA IN RE: THE ESTATE OF MARGARET L. HENRY, DECEASED CASE NO. PC-09-12 NOTICE OF FINAL SETTLEMENT Notice is hereby given that OLIVER RIPLEY HEAD, JR., Personal Representative of the Estate of Margaret L. Henry, deceased, filed his Petition for a Final Settlement of said Estate on the 19th day of February, 2010, and that the 11th day of March, 2010, at 10:00 o’clock A.M. has been appointed for the day of hearing said final settlement at which time all parties interested therein may appear and contest the same if they think proper. Given under my hand, this the 22nd day of February, 2010. VALERIE BRADFORD DAVIS JUDGE OF PROBATE 5-(117)-3tc NOTICE BY ADMINISTRATRIX IN THE ESTATE OF MARY CHILDS, DECEASED Letters of Administration of said decedent were granted to the undersigned on the 3rd day of February, 2010, by the Honorable VALERIE BRADFORD DAVIS, Judge of Probate Court of Clarke County, in the State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred. LYNDA SMITH, Administratrix of the Estate of MARY CHILDS, DECEASED RONNIE E. KEAHEY Attorney for Administratrix P.O. Box 934 Grove Hill, AL 36451 5-(97)-3tp IN THE CIRCUIT COURT OF CLARKE COUNTY, ALABAMA Jimmie Clemmons Sr. Plaintiff v. Commencing at SW corner of Section 10, T3N, R2E, et al. Defendants. CASE NO. CV-2009- 900055 NOTICE TO DEFENDANTS OF COMPLAINT ISSUED OUT OF THE CIRCUIT COURT OF CLARKE COUNTY, ALABAMA, CASE NO. CV- 2009-900055, Jimmie Clemmons v. Commencing at SW corner of Section 10, T3N, R2E, et al. NOTICE is hereby given in the above entitled cause on the 4th day of May, 2009, the above named Plaintiff filed in said Circuit Court a cause of action against the below named defendants and all others who may claim an interest in said lands. This is a complaint to Quiet Title and Sell for Division the following properties: Commencing at SW corner of Section 10, T3N, R2E; thence North 40 chains to a stake; thence South 33 1/4 degrees East 35 Chains and 50 links to a stake on West bank of Alabama river; thence South West with the river bank 5 chains and 25 links to an iron stake on the South line of Section 10, thence West 18 chains to SW corner of Section 10, the place of beginning containing 46 1/2 acres situated in W 1/2 of SW 1/4 fractional 1/4 of Section 10, T3N, R2E. Commencing at the Southeast corner of SW 1/4 of SE 1/4 of Section 9, Township 3 North, Range 2 East, North 26 7/8th chains to a stake; thence West 33 chains to a stake; thence South 26 7/8ths chains to a stake on North line of Section 16, thence East 33 chains to a stake; the place of beginning, containing 85 acres, more or less, being portion of the SW 1/4 of SE 1/4 and a fractional of C & E, Section 9 all in Township 3, Range 2 East. Defedants: Margie Samples, Elijah Sheffield a/k/a Willie E. Sheffield, Annie Williams Cooks, Elizabeth W. Anderson, Alice Kidd McKenzie, Grant Kidd, Sr., Etta M. Williams, Angeline Williams, Sylvester Williams Jr., Lawrence Williams, Brenda Lewis, Herman Williams, Carrie Williams, Janet Williams, Verta Williams Woodward, Alonzo Fuller, Alonzo Fuller Jr., a/k/a Lorenzo Barry Fuller Jr., Charles Fuller, Lucinda Fuller, Leonard Fuller, John Fuller, Chris Fuller, Dorothy F. Odom, Omeco Fuller, Lula C. Williams, Freddie Williams, Charlie Stallworth, Laura W. Cator, Danielle LaShelle Williams, David Lee Marks, Theodore W. James, Tymarc Holdings, Inc., Larry Howard, Richard Howard, Joseph Howard, MRSD, L.L.C. and Defendants "A", "B", "C", "D", "E", "F", "G", "H", "I", "J", "K", "L", "M", "N", "O", "P", "Q", "R", "S", "T", "U", "V", "W", "X", "Y", and "Z", persons or entities, whose names are unknown but may have an interest in the above described real property. That on said 25th day of January, 2010, Robert C. Matthews, Attorney for Plaintiff, filed a Motion for Publication in the above styled cause stating that certain of the Defendants named in the Complaint are unknown and their whereabouts not reasonably ascertainable. NOW THEREFORE, all individuals who may claim an interest in said lands are hereby commanded to answer or plead by April 24, 2010, to the Complaint filed in the above entitled cause. WITNESS my hand this the 24th day of February, 2010. ATTEST: JAY DUKE Circuit Clerk of Clarke County, Alabama 6-(537)-4tc IN THE CIRCUIT COURT OF CLARKE COUNTY, ALABAMA DONNA L. PUCKETT, Plaintiff, VS. DAVID WARREN PUCKETT, Defendant. CASE NO. DR-09-23 TO: DAVID WARREN PUCKETT You are hereby notified that the above action seeking a divorce was filed against you in said Court on April 9, 2009, and that by reason on an order for service of summons by publication entered by the court on Dec. 3, 2009, you are hereby commanded and required to file with the clerk of said court and serve upon C. Daryl Drinkard, Plaintiff's attorney, whose address is P.O. Box 99, Grove Hill, Alabama 36451, and answer the complaint of the Plaintiff by the 24th day of April, 2010, or thereafter a judgment by default may be entered against the said Defendant. Witness the Honorable Judge of said Court. DONE this the 26th day of February, 2010. JAY DUKE CIRCUIT CLERK C. Daryl Drinkard Wilson & Drinkard Law Office P.O. Box 99 Grove Hill, Alabama 36451 6-(160)-4tc MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Alphonso Burroughs, an unmarried man, to Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for America's Wholesale Lender, on the 22nd day of April, 2004, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Book 1248, Page 360; said mortgage having subsequently been transferred and assigned to The Bank of New York Mellon fka the Bank of New York as Trustee for the Certificate Holders of CWABS 2004-05, by instrument recorded in , in the aforesaid Probate Office; the undersigned The Bank of New York Mellon, fka The Bank of New York as Trustee for the Certificate Holders of CWABS 2004-05, 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 Grove Hill, Clarke County, Alabama, on April 12, 2010, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Clarke County, Alabama, to-wit: Lot 27, Pine Acres Subdivision, as per plat thereof, prepared by Wilber G. Downey, registered engineer and land surveyor, dated February 11, 1971, and recorded in the Probate Office of Clarke County, Grove Hill, Alabama, in Plat Book 6, Page 14. THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEM ENTS, 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. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. 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. The Bank of New York Mellon, fka The Bank of New York asTrustee for the Certificate Holders of CWABS 2004-05, Mortgagee/Transferee Andy Saag SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255- 5727 Attorney for Mortgagee/ Transferee www.sirote.com/foreclosures 154720 7-(414)-3tc FORECLOSURE NOTICE Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Green Warren Harrell, III and wife, Merita S. Harrell to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Homeowners Loan Corp. dated the 29th day of October, 2004, and Recorded in DMM Book 1260, Page 481 of the records in the Office of the Judge of Probate, Clarke County, Alabama; which said mortgage was subsequently assigned to The Bank of New York Mellon Trust Company, N. A. f/k/a The Bank of New York Trust Company, N. A., as successor-in-interest to JPMorgan Chase Bank, National Association, as Trustee -SURF 2005-BC1 by instrument recorded in said Probate Court records; notice is hereby given that the undersigned as holder of said mortgage will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the 25th day of February, 2010, at the front door entrance of the Courthouse of Clarke County, Alabama, 117 Court Street, Grove Hill, Alabama 36451, the following described real property in the County of Clarke, State of Alabama, being the same property described in the above referred to mortgage: Beginning at the Southeast corner of the Southwest quarter of Southwest quarter of Section 20, Township 10 North, Range 4 East, thence West along the Section line 120 yards, more or less, to old State Highway No. 5, thence in a Northerly direction with said State Highway 217 yards, more or less, to the point where it intersects the Drinkard Road, thence in a Southeasterly direction with said road 303 yards, more or less to the South line of said section, thence West 180 yards, more or less, to the point of beginning, said parcel being situated in the South one half of Southwest quarter of Section 20, Township 10 North, Range 4 East, Clarke County, Alabama, being the same land conveyed in A. C. Haskew by C. C. Gates and wife, as per Deed recorded in Book 335, page 231-32, Probate Office, Clarke County, Alabama. Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney's fee. The Bank of New York Mellon Trust Company, N. A. f/k/a The Bank of New York Trust Company, N. A., as successor-in-interest to JPMorgan Chase Bank, National Association, as Trustee -SURF 2005-BC1 Holder of said Mortgage. Beth McFadden Rouse McFadden, Lyon & Rouse, L.L.C. 718 Downtowner Blvd. Mobile, AL 36609 Publish in The Clarke County Democrat on: February 4, February 11 and February 18, 2010. NOTICE POSTPONEMENT The public sale provided for hereinabove was postponed on February 25, 2010, by public announcement being made during the legal hours of sale before the Courthouse door, City of Grove Hill, Clarke County, Alabama. The foreclosure sale described hereinabove shall be held on March 31, 2010 during the legal hours of sale in front of the Courthouse door, Clarke County, Alabama. The Bank of New York Mellon Trust Company, N. A. f/k/a The Bank of New York Trust Company, N. A., as successor-in-interest to JPMorgan Chase Bank, National Association, as Trustee -SURF 2005-BC1 Holder of said Mortgage. Beth McFadden Rouse McFadden, Lyon & Rouse, L.L.C. 718 Downtowner Blvd. Mobile, AL 36609 Publish one time only in: The Clarke County Democrat on March 12, 2010. 7-(572)-1tc STATE OF ALABAMA CLARKE COUNTY NOTICE OF MORTGAGE FORECLOSURE SALE Default having been made in the payment of indebtedness secured by that certain mortgage executed by Dickinson Timber Co., a corporation, on the 23rd day of October, 2001, to First United Security Bank, which said mortgage is recorded in the Probate Office of Clarke County, Alabama, in DMM Book 1190 at Page 318, and by reason of such default, having declared all of the indebtedness secured by said mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, First United Security Bank, will sell at public outcry, for cash, to the highest bidder, in front of the Courthouse door, in the City of Grove Hill, Clarke County, Alabama, during the legal hours of sale on the 2nd day of April, 2010, the following described real estate situated in Clarke County, Alabama, to-wit: Beginning at an iron on the East Right of Way of Carter Drive, 55.60 feet East of an axle found at the SW corner of the SE ¼ of the SW ¼ of Section 34, T-9-N, R-3-E, Clarke County, Alabama; Thence along the East Right of Way of said Carter Drive N-15-00-E for 132.00 feet to a point; Thence continue along said Carter Drive N-03-30-W for 233.54 feet to the intersection of the South Right of Way of Portis Street, with the East Right of Way of Carter Drive; Thence along the South Right of Way of Portis Street, East for 480.50 feet to an iron rebar; Thence leaving Portis Street South for 360.60 feet to an iron rebar, Thence West for 62.95 feet to an iron rebar; Thence leaving the South line of Section 34, T-9-N, R-3-E, S-00-52-E for 1028.41 feet to an iron rebar; Thence West for 493.24 feet to an iron rebar in a painted line on the West line of the NE ¼ of the NW ¼ of Section 3, T-8-N, R-3-E, Thence along said painted line N-00-52-W for 1028.41 feet to a found axle on the West side of the aforesaid Carter Drive; Thence East for 55.60 feet to the POINT OF BEGINNING; Said tract lying and being 3.95 acres East of Carter Drive and South of Portis Street in the SE ¼ of the SW ¼ of Section 34, T- 9-N, R-3-E, and 11.64 acres more or less in the NE ¼ of the NW ¼ of Section 3, T-8-N, R-3-E, and containing in aggregate, 15.59 acres more or less, all in the Town of Grove Hill, Clarke County, Alabama. Together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described. Said property will be sold on an "AS IS, WHERE IS" basis subject to the right of way easements and restrictions of record in the Probate Office of Clarke County, Alabama, and will be subject to existing special assessments, if any, which might adversely affect the title to subject property. Said sale will be made for the purpose of paying the indebt¬edness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of said mortgage. W. Marcus Brakefield HUBBARD, WIGGINS, McILWAIN & BRAKEFIELD, P.C. Attorneys for Mortgagee 808 Lurleen Wallace Blvd., N. Post Office Box 2427 Tuscaloosa, Alabama 35403 Telephone: (205) 345- 6789 Our File No. 35000.1183 Publication Dates: March 11, 2010, March 18, 2010 and March 25, 2010. 7-(587)-3tc STATE OF ALABAMA CLARKE COUNTY NOTICE OF MORTGAGE FORECLOSURE SALE Default having been made in the payment of indebtedness secured by that certain mortgage executed by Jordan Timber Company, LLC and Jeffery W. Jordan a/k/a Jeff Jordan, a married man, on the 30th day of April, 2008, to First United Security Bank, which said mortgage is recorded in the Probate Office of Clarke County, Alabama, in DMM Book 1332 at Page 511, and by reason of such default, having declared all of the indebtedness secured by said mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, First United Security Bank, will sell at public outcry, for cash, to the highest bidder, in front of the Courthouse door, in the City of Grove Hill, Clarke County, Alabama, during the legal hours of sale on the 2nd day of April, 2010, the following described real estate situated in Clarke County, Alabama, to-wit: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF CLARKE, STATE OF ALABAMA, AND IS DESCRIBED AS FOLLOWS: Parcel I: SE 1/4 of SW 1/4 of Section 19, Township 10 North, Range 1 West, Clarke County, Alabama, containing 40 acres, more or less. Parcel II: All that part of the W ½ of the SE ¼ of Section 9, Township 9 North, Range 1 West that lies North of the Gin road, containing 30 acres more or less. Parcel III: Beginning at the SW corner of the SE 1/4 of the NE 1/4 of Section 17, Township 10 North, Range 1 West; thence North 460 feet to a point, the true point of beginning; thence continue North for 200 feet to a point; thence east for 220 feet to a point; thence South for 200 feet to a point; thence West for 200 feet to the point of beginning. Together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described. Said property will be sold on an "AS IS, WHERE IS" basis subject to the right of way easements and restrictions of record in the Probate Office of Clarke County, Alabama, and will be subject to existing special assessments, if any, which might adversely affect the title to subject property. Said sale will be made for the purpose of paying the indebt¬edness secured by the above described mortgage, and the proceeds thereof will be applied as provided by the terms of said mortgage. W. Marcus Brakefield HUBBARD, WIGGINS, McILWAIN & BRAKEFIELD, P.C. Attorneys for Mortgagee 808 Lurleen Wallace Blvd., N. Post Office Box 2427 Tuscaloosa, Alabama 35403 Telephone: (205) 345- 6789 Our File No. 35000.1288 Publication Dates: March 11, 2010, March 18, 2010 and March 25, 2010. 7-(466)-3tc NOTICE BY EXECUTRIX IN THE ESTATE OF Herman Garrick, deceased, Letters of Testamentary of said decedent having been granted to the undersigned on the 1st day of March, 2010, by Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County, in the State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred. Rachel G. Powell EXECUTRIX Bruce N. Wilson Attorney for Executrix P.O. Box 99 Grove Hill, Alabama 36451 7-(92)-3tp |
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