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STATE OF ALABAMA COUNTY OF FAYETTE

IN THE MATTER OF THE ESTATE OF DONALD G. MATTHEWS, DECEASED.

IN THE PROBATE COURT OF FAYETTE COUNTY, ALABAMA   CASE NO. 2016-26

NOTICE OF APPOINTMENT
Letters Testamentary of the said deceased having been granted to DONNA M. KERR on the 3rd day of June, 2016, by the Honorable WILLIAM OSWALT, Judge of the Probate Court of Fayette County, Alabama, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Joseph N. Hocutt, II, 11534 Bushwick Drive, Northport, Alabama 35475  (205) 454-1104

IN THE CIRCUIT COURT OF FAYETTE COUNTY, ALABAMA

ANNETTE F. OWEN, et al.,Plaintiffs, vs.CV: 2013-000009.00  BRENDA GHOLSTON, et al., Defendants.

LEGAL NOTICE FOR PUBLICATION
   
TO:  Zester Thompson, III
Debra Hart Thompson
Heirs of Warren Kendricks, deceased

You are hereby given notice that an action for Declaratory Judgment as to title, sale for division and easement by prescription as to certain real property located in Fayette County, Alabama, has been filed, said property more particularly described as follows:  NE 1/4 of the SE 1/4 of Section 31, and the SW 1/4 of the SW 1/4 of Section 32, all in Township 17 South, Range 12 West.  You are required to file an answer with the Circuit Court Clerk for Fayette County in Case Number CV-2013-000009.00 and with the attorney for the Plaintiffs, Mark A. Scogin at 2728 8th Street, Tuscaloosa, AL  35401 within Thirty (30) days after the last publication of this notice or a default judgment may be entered against you.

Samantha W. Howard
Circuit Court Clerk

PUBLIC HEARING NOTICE

The Fayette County Commission will hold a public meeting on Monday, July 11, 2016, at 5 p.m. regarding the closure of the northern most portion of Tucker Branch Road between CR 73 and the Norfolk/Southern Railroad.  The meeting will be held at the Fayette County Commission Annex Building in the Commission Chambers. All citizens are encouraged to attend this meeting.  Any citizen who would like to attend the public hearing but has a disability that might require special materials, services, or assistance, should notify John Gordon at (205) 932-4510 at least three days in advance of the public hearing.

Billy Joe Rodgers, Chairman

IN THE CIRCUIT COURT OF FAYETTE COUNTY, ALABAMA

IN RE: THE MARRIAGE OF KIMBERLY SUZANNE  TAYLOR, PLAINTIFF,  VS.
JAMES LLOYD TAYLOR, DEFENDANT.
CIVIL ACTION NO. DR-2016-15

NOTICE OF DIVORCE ACTION

James Lloyd Taylor, whose whereabouts are unknown, must answer Kimberly Suzanne Taylor’s petition for divorce and other relief by August 12, 2016, or, thereafter, a judgment by default may be rendered against him in Case No. DR-2016-15, Circuit Court of Fayette County, Alabama.

This 8th day of June, 2016.

/s/Samantha Howard, Clerk of the Court

MORTGAGE FORECLOSURE NOTICE

Default having been made in the terms of that mortgage executed on the 28th day of October, 2011, by JOAN LAWRENCE, a widow, as mortgagor in favor of State Bank and Trust, as mortgagee, which said mortgage is recorded in the Office of the Judge of Probate, Fayette County, Alabama, in mortgage volume 2011 at page 2543 and State Bank and Trust, as mortgagee, having declared all of the indebtedness secured by said mortgage due and payable and such default continuing, notice is hereby given, that acting under and by virtue of the power of sale contained in said mortgage, State Bank & Trust, as mortgagee, will sell at public outcry, for cash, to the highest bidder, in front of the Main door of the Courthouse in Fayette, Fayette County, Alabama, during the legal hours of sale, on JUNE 27, 2016, the following described real estate, together with hereditaments and appurtenances there unto belonging and all fixtures now attached to and used in connection with the premises herein described, to-wit:

That part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 13 South, Range 12 West, Fayette County, Alabama described as follows:

Commence at the Southeast corner of said Section 23; thence North 1° 24’ 10” West, along the East line thereof, a distance of 560.28 feet to the centerline of a branch; thence North 74° 41’ 43” West, along said centerline, a distance of 10.95 feet to the point of beginning; thence South 83° 50’ 56” West, along said centerline, a distance of 267.05 feet; thence South 83° 50’ 56” West, a distance of 15.00 feet to an iron pin; thence North 7° 30’ 35” West a distance of 275.70 feet to an iron pin; thence North 70° 59’ 13” East a distance of 244.45 feet to the West right-of-way of a gravel road; thence Southerly along said right-of-way a distance of 343.00 feet to the point of beginning.

Said property will be sold on an lias is, where is” basis subject to any easements, encumbrances, and exceptions contained in said mortgage and those contained in the records of the Office of the Judge of Probate where the above-described property is situated. Said 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 mortgage debt, cost and expense of foreclosure.

This sale is subject to postponement or cancellation and you should contact Diane Haden Henderson prior to attendance.

STATE BANK AND TRUST, AS MORTGAGEE
DIANE HADEN HENDERSON, Attorney for Mortgagee, P. O. Box 310, Winfield, Alabama 35594 (205) 487-4142

IN THE PROBATE COURT OF FAYETTE COUNTY, ALABAMA

IN THE MATTER OF ESTATE OF: JIMMY D.  MCCALEB,  DECEASED.   CASE NO. 2016-23

NOTICE OF APPOINTMENTOF EXECUTORS

Letters Testamentary of said deceased having been granted to the undersigned on the 27th day of May, 2016, by the Honorable William H. Oswalt, Judge of Probate of Fayette County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

/s/Natalie Carol Maddox
/s/Braxton Clark McCaleb

Holder, Moore, Lawrence & Langley. P.C., Attorneys at Law, Regions Bank Building, Fayette, Alabama 35555

STATE OF ALABAMA

NOTICE OF MORTGAGE   FAYETTE COUNTY FORECLOSURE SALE

Default having been made in the payment of indebtedness secured by that certain mortgage executed by Smith Country Store, Inc. and Greg Hubbert, on the 28th day of January, 2010, to Citizens Bank of Fayette, which said mortgage is recorded in the Probate Office of Fayette County, Alabama, in Mortgage Book 20100 at Page 493, 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, Citizens Bank of Fayette, will sell at public outcry, for cash, to the highest bidder, in front of the Courthouse door, in the City of Fayette, Fayette County, Alabama, during the legal hours of sale on the 13th day of July, 2016, the following described real estate situated in Fayette County, Alabama, to-wit:

EXHIBIT “A”     Parcel 1:    A parcel of land being located in the SE 1/4 of the SW 1/4 of Section 9, Township 15 South, Range 12 West, Fayette County, Alabama, containing zero and eighteen hundredths (0.18) acres, more or less, and being more particularly described as follows: Commence at an iron pin marking the Southeast corner of the SE 1/4 of the SW 1/4  of said Section 9, and thence run in a westerly direction and along the South boundary line of said Section 9 for a distance of 168.27 feet to the point of intersection with the West right of way margin of U.S. Highway 43 ( Alabama Highway 171), said point being 50.00 feet West of and perpendicular to the centerline of said highway; thence with a deflection angle of 98°55’53” to the right, run in a northeasterly direction and along the West margin of said highway for a distance of 68.03 feet to an iron pin with plastic cap marking the point of intersection with the North right of way margin of Elbethel Church Road, thence with a deflection angle of 99°36’07” to the left run in a westerly direction and along the North right of way margin of said Elbethel Road for a distance of 297.90 feet to an iron pin w/cap marking the POINT OF BEGINNING of the herein described parcel of land; thence with a deflection angle of 100°23’38” to the right, run in a northeasterly direction for a distance of 346.68 feet to an iron pin w/cap; thence with an interior angle right of 209°38’16”, continue in a northeasterly direction for a distance of 136.25 feet to an iron pin w/cap; thence with an interior angle right of 49°52’23”, run in a westerly direction for a distance of 78.53 to an iron pin w/cap; thence with an interior angle right of 100°29’21”, run in a southwesterly direction for a distance of 452.62 feet to an iron pin w/cap marking the point of intersection with the North right of way margin of said Elbethel Road; thence with an interior angle right of 79°36’22”, run in an easterly direction and along the North margin of said road for a distance of 10.00 feet to the POINT OF BEGINNING.  (LEGAL DESCRIPTION PROVIDED BY ROBERT A. McEACHERN, PROFESSIONAL LAND SURVEYOR, ALABAMA REGISTRATION NUMBER 19522) ALSO,

Parcel 2:     A parcel of land for the purpose of being an access easement to and around a newly constructed storage facility, said parcel being located in the SE 1/4 of the SW 1/4 of Section 9, Township 15 South, Range 12 West, Fayette County, Alabama, said easement containing zero and thirty hundredths (0.30) acres, more or less, and being more particularly described as follows:

Commence at an iron pin marking the Southeast corner of the SE 1/4 of the SW 1/4 of said Section 9, and thence run in a westerly direction and along the South boundary line of said Section 9 for a distance of 168.27 feet to the point of intersection with the West right of way margin of U.S. Highway 43 (Alabama Highway 171), said point being 50.00 feet West of and perpendicular to the centerline of said highway; thence with a deflection angle of 98°55’53” to the right, run in a northeasterly direction and along the West margin of said highway for a distance of 68.03 feet to an iron pin with plastic cap marking the point of intersection with the North right of way margin of Elbethel Church Road, thence with a deflection angle of 99°36’07” to the left, run in a westerly direction and along the North right of way margin of said Elbethel Road for a distance of 292.65 feet to the PONT OF BEGINNING of the herein described easement; thence with a deflection angle of 100°23’38” to the right, run in a northeasterly direction for a distance of 200.19 feet to a point; thence with an interior angle right of 270°00’, run in a southeasterly direction for a distance of 55.45 feet to a point; thence with an interior angle right of 90°00’, run in a northeasterly direction for a distance of 140.36 feet to a point, thence with an interior angle right of 90°00’, run in a northwesterly direction for a distance of 70.45 feet to a point; thence with an interior angle right of 90°00’, run in a southwesterly direction for a distance of 343.31 feet to a point marking the point of intersection with the North right of way margin of said Elbethel Road; thence with an interior angle right of 79°36’22”, run in an easterly direction and along the North margin of said road for a distance of 15.25 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 Fayette 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 indebtedness 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,  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.  41000.0160
• Continued