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Legal Notices for 6/27/12, page 2


 

 CIVIL ACTION NO. 11-CI-00010

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. ALICE BROCK; JOE HENRY NAPIER; COMMERCIAL BANK, SUCCESSOR TO UNION NATIONAL BANK AND TRUST COMPANY OF BARBOURVILLE; FORCHT BANK, NA, SUCCESSOR TO WILLIAMSBURG NATIONAL BANK; AND WHITLEY COUNTY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

That Commercial Bank’s judgment against the Defendants, Alice Brock and Joe Henry Napier, plus costs, is as follows:

(1) The sum in the amount of $20,989.43, together with interest that has accrued thereon from January 10, 2011, accruing at that rate of $4.9231 per diem, until May 7, 2012, and thereafter at the highest rate allowed by law until paid in full, plus applicable late fees.

The property to be sold is as follows:

The property concerned herewith is situated in Whitley County, Kentucky, with an address of 112 South Red Witt Road, Emlyn, Kentucky 40730, and is more particularly described as follows:

TRACT I:

Beginning on a stone corner of Strunk and Lovitt by the road; thence south with the road 20 feet to a set stone; thence east 195 feet to a set stone; thence North 10 feet to a stone corner of Lovitt and Strunk; thence with S.W. with Strunks line 195 feet to the beginning corner.

Being the same land acquired by Irene Strunk by deed from Garrett Lovitt and wife, Rosalie Lovitt dated May 29, 1974, and of record in Deed Book 249, Page 291, Whitley County Clerk’s Office.

TRACT II:

Beginning at a corner of Jane Silcox and Simon Silcox line at the edge of Joseph Moses Road and thence with said road a South course 40’ to a stone; thence an East course a straight line 195’ to a stone; thence a straight line N. 75’ to the James Silcox line near her garden; thence a S.W. course 195’ to the beginning.

Being the same land acquired by Irene Strunk by deed from Susie Jane Cox, a widow, and Willie Cox and wife, Minnie Cox dated March 27, 1963, and of record in Deed Book 208, Page 181, Whitley County Clerk’s Office.

Being the same land acquired by Mortgagor by deed from Irene Strunk dated May 18, 1998, and recorded in Deed Book 400, Page 647, Whitley County Clerk’s Office.

For further source of title, see Warranty Deed from Joe Henry Napier, single, to Alice Brock dated April 5th 2000, and recorded in Deed Book 460, Page 507, records of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  A party, who is the successful purchaser of the property, may take credit against any judgment in that party’s favor against the Defendant property owner for the required deposit and purchase price to the extent that the sale price is sufficient to pay such judgment considering the priorities and amounts previously adjudicated in the action.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5.  The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 18th day of June, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00803

Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Leonard Bryant, individually and as Administrator of the Estate of Evelyn Bryant; Unknown Defendant, spouse of Leonard Bryant; Timmy Bryant; Unknown Defendant, spouse of Timmy Bryant; Robert Bryant; Unknown Defendant, spouse of Robert Bryant; Patricia Hammack; Unknown Defendant, spouse of Patricia Hammack; Brenda Bryant; Unknown Defendant, spouse of Brenda Bryant; Barbara Shelton; Unknown Defendant, spouse of Barbara Shelton; United Credit Card Bank, N.A.; Delta Petroleum Corporation,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $76,639.91, plus interest from November 1, 2010, in the amount of $7,759.63, plus late charges in the amount of $154.84, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $3,963.61, plus credits in the amount ($131.20), for a total in the amount of $88,386.79, together with interest at the rate of 8.125% per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1615 Highway 1481, Williamsburg, Kentucky 40769.

THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN WHITLEY COUNTY KENTUCKY, AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:

BEGINNING AT A PINE AND STONE SIDE OF STATE ROAD; THENCE SOUTHEAST 200 FEET TO PINE AND STONE; THENCE SOUTHWEST 185 FEET TO MULBERRY AND STONE; THENCE NORTH 380 FEET TO A STONE; THENCE EAST 157 FEET BACK TO THE BEGINNING CORNER.

TAX ID#: 040-00-00-034.00

Being the same property conveyed to Evelyn Bryant, by deed dated July 13, 1979 and recorded in Deed Book 280, Page 277 in the Office of the Whitley County Court Clerk.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3.  The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 18th day of June, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00992

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. STEVEN YORK; and CYNTHIA A. YORK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 14, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Steven York and Cynthia A. York, plus costs, is as follows:

(1) The Defendants, Steven York and Cynthia A. York, are indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the sum of $53,313.71, with interest thereon at the contract rate of 9.36% per annum from December 9, 2011 until the date of entry hereof, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action:

(2) There is a 2009 Clayton Mobile Home, Serial No. CLM089833TN currently situated on the real property and shall be included with the real property.

Said property address is: 765 Sawmill Hollow Road, Williamsburg, KY 40769.

The property to be sold is as follows:

A certain tract of land in the community of Kensee Hollow, Whitley County, Kentucky, on the waters of Clear Fork River of Cumberland River and more particularly described as follows:

Unless stated otherwise, any monument referred to herein as “Rebar and cap” is a set ½” diameter rebar, twenty-four inches (24”) in length, with a yellow plastic cap stamped “B.B.A., P.L.S. # 3377.”  All bearings stated hereon are referred to the magnetic meridian as observed on May 7, 1997, along the southwesterly line of the parent tract.

LOT 38

Beginning at a ½” rebar and cap, said rebar located 15.00’ from the centerline of Courtney Lane and a corner to Lot No. 36, thence leaving said land and running with said lot N 90 00’ 00” W, 262.49’to a ½” Rebar and cap, said rebar a corner to Lot No. 36 and Lot No. 37 and running with Lot No. 39 N 13 21’25” W, 171.90’ to a ½” rebar and cap, said rebar located at the corner of Lot No. 39 and in the line of Scott Bishop and Lorhen Martin (DB 410, PG 584); thence leaving Lot No. 39 and running with said Bishop and Martin Tract N 90 00’ 00” E, 255.71’ to a ½” Rebar and cap, said rebar located 15.00’ from the centerline of said lane and a corner to said lot; thence leaving said tract and running with the right-of-way of said lane the following calls:  S 16 07’ 54” E, 48.32’ to a Point; S 16 53’ 14” E, 52.96’ to a point, S 15 59’ 23” E 55.39’ to a point and S 14 16’ 32” E, 13.68’ to the Point of Beginning and containing a calculated area of 1.00 acres as per boundary survey by Appalachian Technical Services, Inc., on May 7, 1997, and subdivided  by Bobby B. Anderson, PLS # 3377, with Appalachian Technical Services, Inc.

Being the same property conveyed to Steven R. York and Cynthia A. York by Deed dated February 26, 2009, which is duly recorded in Deed Book 489, Page 120, in the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. Included in the sale is a mobile home currently situated on the real property described as a 2009 Clayton Mobile Home, Serial No. CLM089833TN.

3. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

4. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

5. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

6. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

7. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

8. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 18th day of June, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION I

CIVIL ACTION NO. 11-CI-00240

U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE SPECIALTY UNDERWRITING AND RESIDENTIAL TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-BC1, PLAINTIFF. VS. BARBARA MOSES; AND THE UNKNOWN SPOUSE OF BARBARA MOSES, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, July 9, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Barbara Moses, plus costs, is as follows:

(1) The unpaid principal in the amount of $61,488.48, plus accrued interest on the unpaid principal at the rate of 6.850% per annum from October 1, 2010, plus advances made for taxes and insurance, and advances made to protect the property.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Property Address: 1034 Old Corbin Pike Road, Williamsburg, Kentucky 40769.

Beginning at a stake at the intersection of the driveway and Old Corbin Pile right of way; thence North 80 degrees 22’ 51” East 128.17 feet to a stake; thence North 14 degrees 22’ 25” West. 72.84 feet to a stake; thence South 78 degrees 30’ 10” West, 134.45 feet to a stake at the Old Corbin Pike right of way; thence with said right of way South 19 degrees, 47’ 54” East, 69.27 feet to the beginning, in all containing 0.21 acres more or less.

Being the same property conveyed to Barbara Moses, single, by Deed dated October 2, 1998 and recorded in deed Book 403, Page 586, in the Office of the Clerk of Whitley County, Kentucky.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 18th day of June,