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Legal Notices WHEREAS, the Alabama Legislature at its Regular Session of 2003 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out here as Act No. 2003-187; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and
WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2003-187 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.
NOW, THEREFORE, I, Bob Riley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 2nd day of November, 2004, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:
PROPOSED AMENDMENT SB321
ENROLLED, An Act,
Proposing an amendment to Amendment 429 to the Constitution of Alabama of 1901, to authorize Baldwin County and certain governmental entities within the county to have certain powers for the promotion of economic and industrial development in Baldwin County and the municipalities therein. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:
PROPOSED AMENDMENT For the promotion of local economic and industrial development, the governing body of Baldwin, Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale. In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature. Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless: (a) The price be approved at a public meeting of the governing body of such county or municipality; and (b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and (c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state. Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: "Proposing an amendment to the Constitution of Alabama of 1901, to authorize Baldwin County and certain governmental entities within the county to have certain powers for the promotion of economic and industrial development in Baldwin County and the municipalities therein. "Proposed by Act ________." This description shall be followed by the following language: "Yes ( ) No ( )." I further direct and proclaim that notice of this election to be held on Tuesday, the 2nd day of November, 2004, upon the above set forth proposed amendment to the Constituion of 1901 of the State of Alabama, be given by publishing the same in a newspaper published within each county authorized to publish legal advertisments. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 31st day of August, 2004
ATTEST:
36-4tc STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR , and to repeal Section 259, Amendment 90, and Amendment 109 relating to the poll tax. "Proposed by Act ________." This description shall be followed by the following language: "Yes ( ) No ( )." I further direct and proclaim that notice of this election to be held on Tuesday, the 2nd day of November, 2004, upon the above set forth proposed amendment to the Constitution of 1901 of the State of Alabama, be given by publishing the same in a newspaper published within each county authorized to publish legal advertisements.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 31st day of August, 2004.
ATTEST:
36-4tc WHEREAS, the Alabama Legislature at its Regular Session of 2003 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out here as Act No. 2003-203; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and
WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2003-203 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.
NOW, THEREFORE, I, Bob Riley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 2nd day of November, 2004, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:
PROPOSED AMENDMENT HB587
ENROLLED , An Act, Proposing an amendment to the Constitution of Alabama of 1901, to amend Section 256 and Section 256 as amended by Amendment 111, to remove references to segregation of schools by race; and to repeal Section 259, Amendment 90, and Amendment 109, relating to poll taxes. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:
PROPOSED AMENDMENT (a) Section 256 of the Constitution of Alabama of 1901, is amended to read as follows: "Section 256. The legislature shall establish, organize, and maintain a liberal system of public schools throughout the state for the benefit of the children thereof between the ages of seven and twenty-one years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so apportioned to the schools in the districts or townships in the counties as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race. (b) Section 256 of the Constitution of Alabama of 1901, as amended by Amendment 111, is amended to read as follows: "Section 256. It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student. , but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order. "The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state. "To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide." (c) Article XIV, Section 259, relating to poll tax revenues, is repealed. (d) Amendment 90 relating to exemptions from the poll tax is repealed. (e) Amendment 109 relating to exemptions from the poll tax is repealed. Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state. Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: "Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Section 256 and Amendment 111 relating to separation of schools by race and repeal portions of Amendment 111 concerning constitutional construction against the right to education STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, the Alabama Legislature at its Regular Session of 2004 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out here as Act No. 2004-94; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Section 285, and Section 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and
WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2004-94 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.
NOW, THEREFORE, I, Bob Riley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 2nd day of November, 2004, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:
PROPOSED AMENDMENT HB319
ENROLLED, An Act,
To propose an amendment to the Constitution of Alabama of 1901, to authorize a county to perform certain actions for the purpose of economic and industrial development in the county. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT (a) The governing body of any county, and the governing body of any municipality located therein, for which a local constitutional amendment has not been adopted authorizing any of the following, shall have full and continuing power to do any of the following: (1) Use public funds to purchase, lease, or otherwise acquire real property, buildings, plants, factories, facilities, machinery, and equipment of any kind, or to utilize the properties heretofore purchased or otherwise acquired, and improve and develop the properties for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve the sites or projects. (2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any real property, buildings, plants, factories, facilities, machinery, and equipment of any kind or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind. (3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of the county or the municipality. (4) Become indebted and issue bonds, warrants which may be payable from funds to be realized in future years, notes, or other obligations, or evidences of indebtedness to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. The obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any municipality or may be limited as to the source of their payment. The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the county or any municipality for the purpose of determining the borrowing capacity of the county or municipality under this Constitution. (b) In carrying out the purpose of this amendment, neither the county nor any municipality located therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by the county or by any municipality located therein, including specifically any industrial development board incorporated under Article 4 of Chapter 54 of Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A of Title 11 of the Code of Alabama 1975, and the Shoals Economic Development Authority enacted under Act No. 95-512, 1995 Regular Session, are validated and the powers granted to the board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted by this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state. (c) Neither the county nor any municipality located therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto both of the following are satisfied: (1) The action proposed to be taken by the county or municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by the governing body that the expenditure of public funds for the purpose specified will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities. (2) At least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by the action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity. Nothing in this amendment shall authorize the county commission to own or operate a cable television system. (d) This amendment shall have prospective application only. Any local constitutional amendments previously adopted and any local law enacted pursuant to such amendment shall remain in full force and effect. Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state. Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: "Proposing an amendment to the Constitution of Alabama of 1901, to authorize a county commission of any county or any municipality therein to perform certain actions for the purpose of economic and industrial development in the county. "Proposed by Act ________." This description shall be followed by the following language: "Yes ( ) No ( )."
I further direct and proclaim that notice of this election to be held on Tuesday, the 2nd day of November, 2004, upon the above set forth proposed amendment to the Constitution of 1901 of the State of Alabama, be given by publishing the same in a newspaper published within each county authorized to publish legal advertisements.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 31st day of August, 2004.
ATTEST:
36-4tc STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, the Alabama Legislature at its Regular Session of 2004 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out here as Act No. 2004-258; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Section 285 and Section 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and
WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2004-258 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.
NOW, THEREFORE, I, Bob Riley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 2nd day of November, 2004, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama:
PROPOSED AMENDMENT HB268
ENROLLED, An Act, To propose an amendment to the Constitution of Alabama of 1901, relating to the promotion of the production, distribution, improvement, marketing, use, and sale of shrimp and seafood and shrimp and seafood products; and to provide for assessment and fees to pay for the cost thereof. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:
PROPOSED AMENDMENT The Legislature, by general law, may provide for the promotion of the production, distribution, improvement, marketing, use, and sale of shrimp and seafood. The Legislature may provide for the promotion of shrimp and seafood and shrimp and seafood products by research, education, advertising, and other methods, and the Legislature is further authorized to provide the means and methods for the financing of any promotional activity by prescribing a procedure whereby producers of shrimp and seafood by referendum among such producers levy upon themselves and collect assessments, fees, or charges upon the sale of shrimp and seafood or upon diesel fuel purchased for use in any commercial shrimp boat licensed to do business in this state for the financing of any promotional program or activity in cooperation with buyers, processors, dealers, distributors, and handlers of shrimp and seafood. The Legislature may make provisions for the nonpayment of assessments by shrimp and seafood producers and shall make provisions for the refund of assessments to any handler of shrimp or seafood who does not desire to participate in an assessment program. The Legislature shall provide for the collection, disbursement, distribution, or expenditure of assessments or charges authorized hereunder and provide penalties for failure to make collection and distribution of assessments. The Legislature shall provide for the designation of a nonprofit association or organization for the promotion and betterment of shrimp and seafood products to administer and carry out such promotional program which shall include the conducting of elections or referendums among producers of shrimp and seafood. The Legislature may provide the manner by which the referendum is held, including the procedure for application for approval to conduct the referendum, the appropriate action to be taken by the State Board of Agriculture and Industries on an application, and the requirements and eligibility of the association or organization which will conduct the referendum. The Legislature shall further provide for the deposit, withdrawal, disbursement, and expenditure by the designated association of any funds received subject to the supervision and control of the activities as authorized herein by the Department of Agriculture and Industries and the State Board of Agriculture and Industries. The Legislature shall further provide a procedure whereby the association or organization is bonded, for the examination and auditing of the association or organization, and for reasonably necessary rules and regulations to be adopted by the State Board of Agriculture and Industries to effectively carry out the intent and purposes herein enumerated. Assessments, fees, or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this constitution and shall be satisfied by the application of the program upon shrimp or seafood. Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state. Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: "Proposing an amendment to the Constitution of Alabama of 1901, to provide for the promotion of shrimp and seafood. "Proposed by Act ________." This description shall be followed by the following language: "Yes ( ) No ( )."
I further direct and proclaim that notice of this election to be held on Tuesday, the 2nd day of November, 2004, upon the above set forth proposed amendment to the Constitution of 1901 of the State of Alabama, be given by publishing the same in a newspaper published within each county authorized to publish legal advertisements.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 31st day of August, 2004.
ATTEST:
36-4tc
NOTICE OF ELECTION FOR CONTINUING SPECIAL COUNTY TAXES FOR PUBLIC SCHOOL PURPOSES IN CLARKE COUNTY, ALABAMA, TO BE HELD TUESDAY, NOVEMBER 2, 2004 Notice is hereby given that by an order of the County Commission of Clarke County, Alabama, an election will be held by the qualified voters residing in Clarke County, Alabama, at the several established regular polling places in said County on Tuesday, November 2, 2004, within the legal hours for holding elections, for the purpose of determining (i) whether or not a special County tax of thirty cents (30 cents) on each One Hundred Dollars ($100.00) worth of taxable property in Clarke County, Alabama, shall continue to be levied annually for public school purposes within Clarke County, Alabama, for a period of twenty-five years beginning with the tax year commencing October 1, 2005, and continuing until and including the tax year commencing October 1, 2030, in addition to that now authorized or that may hereafter be authorized for public school purposes (and in addition to that now authorized under Section 260 and 269 of Article XIV of the Constitution, as amended by Amendment No. 111, and Under Amendment No. 168), as provided in Article XIX of the Constitution of Alabama of 1901, known as the Special School Tax Amendment to the Constitution, being Section 1 of Amendment No. 3, and as provided by the laws of this State; (ii) whether or not a special County tax of ten cents (10 cents) on each One Hundred Dollars ($100.00) worth of taxable property in Clarke County, Alabama, shall continue to be levied annually for public school purposes within Clarke County, Alabama, for a period of twenty-five (25) years beginning with the tax year commencing October 1, 2005, and continuing until and including the tax year commencing October 1, 2030, in addition to that now authorized or that may hereafter be authorized for public school purposes (and in addition to that now authorized under Section 260 of Article XIV of the Constitution, as amended by Amendment No. 111, and under Article XIX of the Constitution of Alabama of 1901, known as the Special Tax Amendment to the Constitution, being Amendment No. 3, and under Amendment No. 168 to the Constitution of Alabama), as provided in Section 269 of Article XIV of the Constitution of Alabama, as amended by Amendment No. 111, and as provided by the laws of this State; (iii) whether or not a special County tax of fifty cents (50 cents) on each One Hundred Dollars ($100.00) worth of taxable property in Clarke County, Alabama, shall continue to be levied annually for public school purposes within Clarke County, Alabama, for a period of twenty-five (25) years beginning with the tax year commencing October 1, 2005, and continuing until and including the tax year commencing October 1, 2030, in addition to that now authorized or that may hereafter be authorized for public school purposes (and in addition to that now authorized under Section 260 and 269 of Article XIV of the Constitution, as amended by Amendment No. 111, and under Article XIX of the Constitution of Alabama of 1901, known as the Special School Tax Amendment to the Constitution, being Amendment No. 3), as provided in Amendment No. 168 to the Constitution of Alabama, and as provided by the laws of this State; and, (iv) whether or not a special County tax of thirty-five cents (35 cents) on each One Hundred Dollars ($100.00) worth of taxable property in Clarke County, Alabama, shall continue to be levied annually for public school purposes within Clarke County, Alabama, for a period of twenty-five (25) years beginning with the tax year commencing October 1, 2005, and continuing until and including the tax year commencing October 1, 2030, in addition to that now authorized or that may hereafter be authorized for public school purposes (and in addition to that now authorized under Section 260 and 269 of Article XIV of the Constitution, as amended by Amendment No. 111, and Under Amendment No. 168), as provided in Article XIX of the Constitution of Alabama of 1901, known as the Special School Tax Amendment to the Constitution, being Section 1 of Amendment No. 3, and Amendment No. 373 to the Constitution of Alabama of 1901, and as provided by the laws of this State. All qualified electors of said County are entitled to vote at said election. JACK DAY Sheriff of Clarke County, Alabama 35-(737)-4tc
STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, a vacancy exists in the Alabama House of Representatives, District 65, which vacancy has resulted from the untimely death of Representative Jeff Dolbare; and WHEREAS, under the Constitution and laws of the State of Alabama, it is my duty as Governor, by proclamation, to call and set the dates of all related special elections to fill said vacancy for the remainder of the term for which Jeff Dolbare was elected; and WHEREAS, due consideration should be given to the rights and privileges of the citizens of parts of Choctaw and Clarke Counties and all of Washington County who live in Alabama House of Representatives District 65, to be afforded full representation in the Legislature; and WHEREAS, all interested citizens and political parties should be allowed to reasonably participate therein. NOW, THEREFORE, I, Bob Riley, Governor of the State of Alabama, by virtue of the power and authority vested in me as Governor, do hereby proclaim and call the following special elections to be held in parts of Choctaw and Clarke Counties and in all of Washington County, State of Alabama, Legislative District 65, for the purpose of electing a member of the Alabama House of Representatives for said District 65. A Special Primary Election shall be held on Tuesday, October 26, 2004. A Special Pirmary Runoff Election shall be held on Tuesday, December 14, 2004, if necessitated by one candidate not receiving a majority of the votes cast in the Special Primary Election. In the event that a Special Primary Runoff Election is not necessary, because the major parties have only one candidate, or because one candidate receives a majority of the votes cast in the Special Primary Election, then a Special General Election shall be held on Decemebr 14, 2004. In the event a Special Primary Runoff Election is required to be held, it shall be held on December 14, 2004; then the Special General Election shall be held on Tuesday, January 25, 2005. FURTHERMORE, all candidates qualifying with major political parties should be advised that the last day for any candidate to qualify with their respective parties, regarding such election, will be September 8, 2004, at 5:00 p.m. C.D.S.T. The two major political parties shall certify their qualified candidates to the Secretary of State by 3:00 p.m. on September 10, 2004. FURTHERMORE, all third-party candidates, independent candidates, and/or minor party candidates seeking ballot access are advised that their deadline for filing of the appropriate notification, petitions, or supporting paperwork with the Secretary of State shall be October 26, 2004, at 5:00 p.m. C.D.S.T. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State, at the State Capitol, in the City of Montgomery, Alabama, on this the 25th day of August, 2004.
BOB RILEY GOVERNOR
ATTEST:
Nancy L. Worley Secretary of State 35-(490)-4tc
STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, the Alabama Legislature at its Regular Session of 2004 ordered an election to be held on a certain proposed amendment to Amendment No. 631 to the Constitution of Alabama of 1901, set out herein as Act. No. 2004-393, authorizing Clarke County to allow a sheriff of Clarke County to be included within the phase-out of the supernumerary program and to be allowed to participate in the State Employees’ Retirement System; and WHEREAS, notice of this election, together with this proposed amendment, is required by law to be given by Proclamation of the Governor, to be published once a week for four successive weeks next preceding the date appointed for the election, in each newspaper qualified to run legal notices in the county affected, NOW, THEREFORE, I, Bob Riley, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, November 2, 2004, an election will be held in Clarke County, State of Alabama, in the manner and form provided by law upon the following amendment to the Constitution of 1901 of the State of Alabama: HB576 ENROLLED, An Act, To propose an amendment to Amendment No. 631 to the Constitution of Alabama of 1901, to allow a sheriff of Clarke County to be included within the phase-out of the supernumerary program and to be allowed to participate in the State Employees’ Retirement System. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to Amendment 631 to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT Amendment No. 631 “No elected Clarke County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established the particular supernumerary program. Any elected Clarke County official, including the sheriff, may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. An elected Clarke County official and the sheriff holding office at the effective date of this amendment shall be eligible to purchase service credit in the Employees’ Retirement System for the time the elected county official has served in the current office; provided, however, the elected county official shall forego the assumption of a supernumerary office. For purposes of this amendment, the term “elected Clarke County official” shall mean any person elected to a full-time Clarke County office, including the sheriff, and shall include any person appointed to serve the remaining term of an elected county official, but shall not include a judge, district attorney, legislator, constable, board of education member, any official elected from a judicial circuit, or any official who is allowed by law to participate in any other public retirement system.” Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state. Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: “Relating to Clarke County, proposing an amendment to Amendment No. 631 to the Constitution of Alabama of 1901, to allow a sheriff of Clarke County to be included within the phase-out of the supernumerary program and to be allowed to participate in the State Employees’ Retirement System. “Proposed by Act _______.” This description shall be followed by the following language: “Yes ( ) No ( ).” I further direct and proclaim that notice of this election to be held on Tuesday, the 2nd day of November, 2004, upon the above set forth matter of authorizing Clarke County to allow a sheriff of Clarke County to be included within the phase-out of the supernumerary program and to be allowed to participate in the State Employees’ Retirement System in Act No. 2004-393 be given by publishing the same once a week for four consecutive weeks next preceding Tuesday, the 2nd day of November, 2004, in each newspaper qualified to run legal notices in Clarke County, Alabama. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 12th day of August, 2004.
Attest Nancy L. Worley Secretary of State
Bob Riley GOVERNOR 35-(811)-4tc
NOTICE OF FORECLOSURE Default having been made in the payment of the indebtedness secured by that certain mortgage dated May 24, 2002, executed by Jerry O. Hudson and Kelly A. Hudson, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”) solely as nominee for Allied Mortgage Capital Corporation, which mortgage was recorded on May 28, 2002, in DMM Book 1202, Page 605, of the mortgage records in the Office of the Judge of Probate of Clarke County, Alabama, Chase Manhattan Mortgage Corporation, as assignee of the note secured by said mortgage has elected to declare the entire indebtedness secured by the said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the main entrance to the Clarke County Courthouse at Grove Hill, Alabama, during the legal hours of sale on the 23rd day of November, 2004, the following described real estate, situated in Clarke County, Alabama, to-wit: Lot #16, Country Club Estates in Thomasville, Alabama as shown by the plat of said subdivision recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Plat Cabinet A, Slide 210, and subject to the restrictive covenants recorded in Book 759, Page 138. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) Solely as nominee for CHASE MANHATTAN MORTGAGE CORPORATION Transferee Arthur M. Stephens STEPHENS, MILLIRONS, HARRISON & GAMMONS, P.C. P. 0. Box 307 Huntsville, AL 35804 Attorney for Mortgagee 36-(265)-3tc
NOTICE BY EXECUTOR IN THE MATTER OF ANCILLARY PROBATE OF THE WILL OF MARGARET N. MARTIN, DECEASED The Will of Margaret N. Martin, deceased, was duly admitted to probate in Clarke County, Alabama, on August 16, 2004. Notice is hereby given that all parties having claims against said estate must present the same within the time required by law or they will be barred. PHILLIP M. MARTIN EXECUTOR LEE B. WILLIAMS Attorney for Executor Post Office Box 610 Grove Hill, AL 36451 37-(82)-3tc
NOTICE OF MORTGAGE FORECLOSURE SALE CLARKE COUNTY, ALABAMA Default having been made in the indebtedness secured by that certain mortgage executed by Donald Edward Nordan, a single man to Long Beach Mortgage Company, dated December 3, 1999, said mortgage being recorded in Book 1157, Page 57, in the Office of the Judge of Probate of Clarke County, Alabama. Said Mortgage was last sold, assigned and transferred to First Union National Bank, a National Banking Association, as Trustee for ARC 2000-BC3 Mortgage Loan Trust. The undersigned, First Union National Bank, a National Banking Association, as Trustee for ARC 2000-BC3 Mortgage Loan Trust, 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 courthouse door of Clarke County, Alabama, during the legal hours of sale, on November 4, 2004, the following real estate, situated in Clarke County, Alabama, to-wit: Beginning at the point where the East right-of-way line of Highway #154 intersects the North line of the SW 1/4 of the SE 1/4 of Section 4, Township 10 North, Range 3 East, thence Southwesterly 210 ft. along said Highway, thence East 420 ft., thence North 210 ft., thence West to the point of beginning. Said property is commonly known as Route 2 Box 800 Hwy. 154, Thomasville, AL 36784. The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an 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 property is Donald Edward Nordan or tenant(s). FIRST UNION NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE FOR ARC 2000-BC3 MORTGAGE LOAN TRUST as holder of said mortgage David VanBuskirk Morris, Schneider & Prior, L.L.C. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 MSP File No.381.A15280AL/mspl 37-(455)-3tc
REQUEST FOR PROPOSALS ENGINEERING SERVICES The Town of Fulton is soliciting proposals from qualified firms and individuals interested in providing professional services related to the implementation of a 2004 Community Development Block Grant, project number SM-SF-PF-04-016. This project requires the following services:
PROJECT ENGINEER: This task shall include but not be limited to the preparation of all necessary plans and specifications, the preparation of all bid documents and supervision of the bidding process that is consistent with State and Federal regulations. Preparation of construction contracts which comply with State and Federal regulations; the provision of on-site resident inspection services during the construction process in addition to regular progress reports to the city. At the completion of construction the project engineer shall conduct a final construction inspection and issue a final certificate of completion. All proposers must submit their professional qualifications and list any experience with Community Development Projects in the State of Alabama. Proposals will be evaluated according to the following criteria: 1.Experience with the Community Development Block Grant Program-25 points 2.Professional qualifications-25 points 3.Knowledge and familiarity with the community-25 points 4.Prior Experience with Federally funded sewer projects-25 points
DO NOT INCLUDE A FEE OR CONTRACT AMOUNT These proposals are being requested in accordance with Common Rule as adopted by the State of Alabama. A contract will be negotiated with the firm whose qualifications are determined to be the most appropriate. The City reserves the right to reject any or all proposals, and to waive any irregularities or informalities in the proposal process. Envelopes containing proposals must be sealed and labeled as follows: Proposal for Program Engineering Services, CDBG Project Number SM-SF-PF-04-016 and may be mailed to Mayor Mike Norris, Town of Fulton, Post Office Box 438, Fulton, Alabama 36446 or hand delivered to Mayor Mike Norris, Town of Fulton, Mid-Central Water & Fire Protection Authority Office, 1480 Alabama Highway 178, Fulton, Alabama 36446. All proposals shall contain original signatures, facsimile copies will not be accepted. All proposals must be received no later than 12:00 noon on October 22, 2004. All proposals will be evaluated and an award will be made by the City Council. The Town of Fulton is an Equal Opportunity Employer. Mike Norris, Mayor Town of Fulton 37-(374)-2tc
REQUEST FOR PROPOSALS PROGRAM ADMINISTRATION The Town of Fulton is soliciting proposals from qualified firms and individuals interested in providing professional services related to the implementation of a 2004 Community Development Block Grant, project number SM-SF-PF-04-016. This project requires the following services:
PROGRAM ADMINISTRATION: This task shall include but not be limited to the preparation of an environmental review record, the preparation of all necessary documents to remove grant conditions, prepare request for state funds to ensure consistency with all Federal and State Accounting procedures, establish and maintain project files; monitor program progress, monitor compliancewith all applicable Federal and State requirements; assist with the preparation of bid and contract documents. Preparation of all reports as required by ADECA, preparation of close-out documents for submission to ADECA upon completion of this project. All applicants must submit their qualifications and list any prior experience with Community Development Projects in the State of Alabama. Proposals will be rated according to the following criteria: 1.Experience with the Community Development Block Grant Program-25 points 2. Professional qualifications-25 points 3.Knowledge and familiarity with the community-25 points 4.Prior Experience with Federally funded Sewer projects-25 points These proposals are being requested in accordance with Circular A-102, attachment O, issued by the Office of Budget and Management and the “modified” Common Rule as adopted by the State of Alabama. A contract will be awarded to the qualified applicant whose proposal is determined to be the most appropriate. The City reserves the right to reject any or all proposals, and to waive any irregularities or informalities in the proposal process. Envelopes containing proposals must be sealed and labeled as follows: Proposal for Program Administration, CDBG Project Number SM-SF-PF-04-016 and may be mailed to Mayor Mike Norris, Town of Fulton, Post Office Box 438, Fulton, Alabama 36446 or hand delivered to Mayor Mike Norris, Town of Fulton, Mid-Central Water & Fire Protection Authority Office, 1480 Alabama Highway 178, Fulton, Alabama 36446. All proposals shall contain original signatures, facsimile copies will not be accepted. All proposals must be received no later than 12:00 noon on October 22, 2004. All proposals will be evaluated and an award will be made by the City Council. The Town of Fulton is an Equal Opportunity Employer. Mike Norris, Mayor Town of Fulton 37-(380)-2tc
NOTICE OF MORTGAGE FORECLOSURE SALE CLARKE COUNTY, ALABAMA Default having been made in the indebtedness secured by that certain mortgage executed by Steven Thomas, a married man and wife Jayne C. Thomas to ABN AMRO Mortgage Group, Inc., dated March 4, 2002, said mortgage being recorded in Book 1198, Page 244, in the Office of the Judge of Probate of Clarke County, Alabama. The undersigned, ABN AMRO Mortgage Group, Inc., 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 courthouse door of Clarke County, Alabama, during the legal hours of sale, on November 4, 2004, the following real estate, situated in Clarke County, Alabama, to-wit: Lot 1 and 2 of the Eastern View Subdivision, Thomasville, Alabama, as shown by the plat of said subdivision recorded in the Probate Office of said County in Map Book 3, Page 30. Deed Reference: Book 826, Page 233 Said property is commonly known as 710 Moncrief Drive, Thomasville, AL 36784. The indebtedness secured by said Mortgage has been and is hereby declared due because of default under the terms of said Mortgage and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Mortgage and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an 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 property is Steven E. Thomas and wife Jayne C. Thomas or tenant(s). ABN AMRO MORTGAGE GROUP, INC. as holder of said mortgage David VanBuskirk Morris, Schneider & Prior, L.L.C. 1587 Northeast Expressway Atlanta, GA 30329 (770) 234-9181 MSP File No.393.0310166AL\tll 37-(399)-3tc
MANCHESTER BROTHERS CLARKE COUNTY SELF STORAGE GROVE HILL, AL 36451 NOTICE OF SALE The following described property belonging to Oliver Presley located at Clarke County Self Storage, Unit No. C 18, will be sold at 8:30 a.m. on the 30th day of Oct., 2004, to the highest bidder. For redemption contact: Rickey Manchester, 5101 Highway 69, Jackson, AL 36545, 251-246-5937. 38-(60)-2tc
MANCHESTER BROTHERS CLARKE COUNTY SELF STORAGE GROVE HILL, AL 36451 NOTICE OF SALE The following described property belonging to Ellen Williams located at Clarke County Self Storage, Unit No. C 13, will be sold at 8:30 a.m. on the 30th day of Oct., 2004, to the highest bidder. For redemption contact: Rickey Manchester, 5101 Highway 69, Jackson, AL 36545, 251-246-5937. 38-(60)-2tc
MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Steven Young and Carolyn Raines, a married man and a married woman, to HomeGold, Inc., on the 25th day of October, 2000, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Book 1170, Page 718; said mortgage having subsequently been transferred and assigned to JP Morgan Chase Bank, as Trustee for the CSFB Trust 2004-CF1; the undersigned JP Morgan Chase Bank as Trustee for the CSFB Trust 2004-CF1, 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 November 19, 2004, 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: Beginning at the Northeast corner of the James Small Lot; run thence North parallel with the West side of Cherry Street a distance of 93 feet; thence run West 137.5 feet, thence run South 93 feet; thence run East 137.5 feet to the place of beginning, being a part of Lots 4 and 3 in Block 38 according to the Finch and Robinson survey of the town of Jackson, Alabama, lying in the Southeast quarter of Section 5, Township 6 North, Range 2 East. Property street address: 511 Cherry Avenue, Jackson, Alabama 36545. 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. 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; contact Ginny Rutledge at the phone number shown below prior to attendance at sale. JP Morgan Chase Bank as Trustee for he CSFB Trust 2004-CF1, Mortgagee/Transferee Ginny Rutledge SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee (205)-930-5191 38-(444)-3tc
MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by James L. Powell and Linda E. Powell, to Principal Equity Mortgage, Inc. on the 23rd day of February, 2000, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Book 1159, Page 681; said mortgage having subsequently been transferred and assigned to First Union National Bank, as Indenture Trustee, by instrument recorded in Book 1181, Page 169, in the aforesaid Probate Office; the undersigned Wachovia Bank, N.A., as Trustee, successor by merger to First Union National Bank, as Indenture Trustee, 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 November 19, 2004, 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: Commencing at a Point where the Indian Boundary Line crosses the South boundary of Section 5, Township 7 North, Range 4 East; thence East 0.85 chains; thence North 14 East 7.52 chains to a point on the West Margin of public road, the Point of Beginning and the Northeast Corner of Lot hereafter described; thence West 5.40 chains; thence South 13 East, 1.83 chains; thence East 4.51 chains to the West Margin of a Public Road; thence North 3.35’ West along said road margin 1.83 chains to the Point of Beginning, being a part of the S 1/2 of the S 1/2 Section 5, Township 7 North, Range 4 East, Clarke County, Alabama. Property street address: Route 1 Box 5-12A, Highway 35, Whatley, Alabama 36482. 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. 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; contact Ginny Rutledge at the phone number shown below prior to attendance at sale. Wachovia Bank, N.A., as Trustee, successor by merger to First Union National Bank, as Indenture Trustee, Mortgagee/Transferee Ginny Rutledge SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee (205)-930-5191 38-(492)-3tc
MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by James M. Garrett, and Melissa Garrett, husband and wife, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Countrywide Home Loans, Inc., on the 3rd day of May, 2001, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Book 1179 Page 463; the undersigned Mortgage Electronic Registration Systems, 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 Grove Hill, Clarke County, Alabama, on December 3, 2004, 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: Lots 5, 6, 7 and 8 in Block 6 of Choctaw Heights Addition to Thomasville, Alabama, as shown on map of said Choctaw Heights Addition, prepared by Joel D. Jones, C.E., in 1927, and recorded in Map Book 1, Page 38 of Probate Office of Clarke County, Alabama. 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. 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; contact Heather H. Renfro at the phone number shown below prior to attendance at sale. Mortgage Electronic Registration Systems, Inc., Mortgagee/Transferee Heather H. Renfro SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee (205)-930-5169 38-(378)-3tc MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Richard B. Faile and Paige B. Faile, to First Southern Mortgage, Inc., on the 22nd day of August, 1997, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama in Book 1087, Page 48; said mortgage having subsequently been transferred and assigned to Homecomings Financial Network, Inc. the undersigned Homecomings Financial Network, 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 Grove Hill, Clarke County, Alabama, on November 12, 2004, 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 44, of Pine Acres Subdivision as per plat thereof prepared by Wilbur 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 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. 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; contact Heather H. Renfro at the phone number shown below prior to attendance at sale. Homecomings Financial Network, Inc., Mortgagee/Transferee Heather H. Renfro SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee (205)-930-5459
38-(371)-3tc
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