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Legal Notices for 8/15/12, page 2


 

 NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Sheila Hinkle, plus costs, is as follows:

(1) The principal sum in the amount of $85,665.81, plus interest from 04/1/10 in the amount of $16,060.50, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $6,394.80, plus property inspection fees in the amount of $278.00, plus property preservation in the amount of $1,598.00, plus Broker’s Price Opinion/Appraisals in the amount of $78.00, plus late charges in the amount of $251.79, for a total in the amount of $110,326.90, together with interest at the rate of 8.999 percent 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 fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 271 McKeehans Crossing, Corbin, KY 40701.

A CERTAIN TRACT OR PARCEL OF LAND LYING IN THE COMMUNITY OF CORBIN, WHITLEY COUNTY KENTUCKY AND BEING ALL THE SAME TRACT OF LAND CONVEYED TO DEBORAH McGINNIS BY DEED DATED APRIL 2nd, 2002 AND RECORDED IN DEED BOOK 434 AT PAGE 149, RECORDS OF THE WHITLEY COUNTY COURT CLERK’S OFFICE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

For further source of title see deed to Danny McGinnis from Danny McGinnis and wife, Deborah McGinnis, dated 11-27-00, of record in Deed Book 423 at Page 298 in the Office of the Whitley County Clerk.

BEGINNING ON A SET IRON PIN AND CAP IN THE EASTERN EDGE OF MCKEEHAN CROSSING ROAD (20 FEET FROM APPROXIMATE CENTERLINE) AND IN THE NORTHERN EDGE OF AN UN-NAMED GRAVEL ROAD (10 FEET FROM APPROXIMATE CENTERLINE), SAID PIN ALSO BEING LOCATED APPROXIMATELY 0.20 MILES SOUTHWEST OF THE INTERSECTION OF MCKEEHAN CROSSING ROAD AND U.S. HIGHWAY 25W, THENCE WITH THE EASTERN EDGE OF SAID ROAD (20 FEET FROM AND PARALLEL TO APPROXIMATE CENTERLINE) N 11-52-08 E 87.53 FEET TO A POINT, THENCE N 23-58-41 E 36.29 FEET TO A POINT, THENCE N 32-08-16 E 35.83 FEET TO A POINT, THENCE N 37-56-56 E 70.31 FEET TO A FOUND 20” BLACK OAK (MARKED WITH 3 HACKS), A CORNER COMMON TO MICHAEL ONKST (DB 416 PG 638), THENCE LEAVING SAID ROAD AND WITH LINE COMMON TO SAID ONKST S 51-23-09 E 209.44 FEET TO A FOUND 6” ROUND CONCRETE MONUMENT, THENCE S 26-25-09 W 174.22 FEET TO A FOUND 1/2” IRON PIN WITH PLASTIC CAP STAMPED PLS# 3192 IN THE NORTHERN EDGE OF SAID UN-NAMED GRAVEL ROAD (10 FEET FROM APPROXIMATE CENTERLINE), THENCE WITH THE NORTHERN EDGE OF SAME N 65-36-48 W 198.93 FEET TO THE POINT OF BEGINNING, CONTAINING 0.99 ACRES BY SURVEY CONDUCTED ON FEBRUARY 7, 2005 BY RICHARD REECE, PLS# 3358 WITH H&R SURVEYING.

UNLESS STATED OTHERWISE ANY MONUMENT REFERRED TO HEREIN AS A “SET IRON PIN AND CAP” IS A SET 1/2” BY 18” IRON PIN WITH ORANGE PLASTIC CAP STAWED H&R PLS# 3358. ALL BEARINGS GIVEN HEREIN ARE REFERENCED TO THE MAGNETIC MERIDIAN AS OBSERVED IN THE FIELD ON FEBRUARY 7, 2005 BY TAKING RANDOM SIGHT AND TURNING ANGLES THEREFROM.

Being the same property conveyed to Sheila Hinkle, a single person by deed dated February 11, 2005, recorded on February 17 in Deed Book 459, Page 175 in the Office of the Whitley County 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 JPMorgan Chase Bank, National Association (OH) 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 30th day of July, 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. 10-CI-915

The Bank of New York Mellon Trust Company, National Association fka the Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee,  Plaintiff, VS. Angela Douglas; Dana Douglas; Countrywide Home Loans, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 2, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Angela Douglas and Dana Douglas, plus costs, is as follows:

(1) The principal sum in the amount of $80,981.64, plus interest from 06/22/10 in the amount of $9,592.51, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $813.57, plus BPO in t he amount of $83.00, plus property inspections in the amount of $161.00, plus Bankruptcy Fees in the amount of $925.00, plus late charges in the amount of $163.95, for a total in the amount of $92,720.67, together with interest at the rate of 7.700 percent 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 fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 354 Hemlock Subdivision Road, Williamsburg, KY 40769.

A certain tract of parcel of land lying in Whitley County, Kentucky, in the Hemlock Subdivision, being known as Lot 103, Hemlock Subdivision, Section B, and bounded as follows, viz:

Beginning on an iron pin at the edge of the right-of-way of Hemlock Drive at the corner of Lot 101 and running thence N 39 degrees 30 minutes W 203.0 feet to an iron pin at the edge of a unnamed street; thence running with the unnamed street 150.9 feet to an iron pin at the corner of Lot 105; thence running S 39 degrees 30 minutes E 210.3 feet to an iron pin in the edge of Hemlock Drive; thence running with the edge of Hemlock Drive 150 feet to the Beginning.

Said Property is subject to the Protective Covenants of Hemlock Subdivision dated June 5, 1979 and recorded June 5, 1979 in Miscellaneous Book 33 at page 554.

Being the same property conveyed to Dana Douglas and Angela Douglas, husband and wife, by deed dated January 22, 2001 and recorded February 7, 2001, in Deed Book 424 and Page 471 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 30th day of July, 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. 10-CI-00932

WELLS FARGO BANK, N.A., PLAINTIFF, VS. DAVID DELK aka DAVID S. DELK, KRISTI DELK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 25, 2011, and a subsequent Order entered June 4, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, David Delk aka David S. Delk, plus costs, is as follows:

(1) As of December 23, 2010, the principle sum in the amount of $133,218.29, plus interest from 07/01/10 in the amount of $5,058.64, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,117.39, plus late charges in the amount of $53.62, plus Attorneys fees (KRS 411.195) in the amount of $1,000.00, for a total amount of $141,447.94.  For which total amount personal judgment rendered against the defendant, David Delk aka David S. Delk, together with interest at the rate of 7.8750 percent per annum ($28.74 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with the defendant’s default and for protecting plaintiff’s interest in the property and its rights under the mortgage instrument.

Said property address is: 200 Creekstone Drive, Corbin, Kentucky 40701.

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

Being a 0.8805 acre tract within the bounds of a 41.2051 acre parent tract owned and developed by All-4-One Development, LLC as recorded in Deed Book 469, Page 316 in the Whitley County Court Clerk’s Office.  This tract is referred to as Lot No. 17 on the Creekstone Subdivision plat recorded on June 21, 2007 in Cabinet 2, Slide 548, office of the Whitley County Clerk, and is more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a pin and cap is a set ½ inch in diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “Ledington PLS 3192”.  All bearings stated herein are referred to in the Creekstone Subdivision survey plat as previously referenced.

BEGINNING at a pin and cap set in the approximate right of way (20’ from center) of Creekstone Drive, a common corner to lot no. 16 thence with the said right of way n 44 deg 09’ 55” w, a distance of 166.52 ft to a pin & cap; thence n 38 deg 35’ 21” e, a distance of 190.42 ft to a pin & cap thence s 58 degrees 28’ 07” e, a distance of 196.64 feet to a pin and cap, a common corner to lot no. 16 thence s 45 degrees 50’ 17” w, a distance of 237.48 feet to the point of beginning, being Creekstone Lot No. 17 and containing 0.8805 acres more or less, according to a survey by John Ledington, LS #3192 ON June 17, 2007.

Being the same property conveyed to David  Delk and wife, Kristi Delk, from Anthony Campbell, by Deed recorded on November 4, 2008 In Book 486, Page 704, 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. 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, 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, 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 30th day of July, 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 NO. I

CIVIL ACTION NO. 10-CI-956

JPMorgan Chase Bank, National Association, Successor by merger To Chase Home Finance LLC, Plaintiff, VS. James A. Lunsford, Sr.; Rose Lunsford; Tri-County National Bank; Asset Acceptance LLC, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, James A. Lunsford, Sr., and Rose Lunsford, plus costs, is as follows:

(1) The principal sum in the amount of $126,295.47, plus interest from July 1, 2010, in the amount of $11,603.34, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $3,668.89, plus property inspection fees in the amount of $342.00, plus property preservation in the amount of $28.00, plus suspense in the amount of ($500.00), for a total in the amount of $140,437.70, together with interest at the rate of 5.2500 percent 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 fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 8510 Highway 26, Rockholds, KY 40759.

DEED DESCRIPTION 0.672 +- ACRE

TRACT #7A

A certain tract or parcel of land lying and being in Whitley County, Kentucky, on the waters of Watts Creek, a tributary of Cumberland River (Rockholds Quadrangle), located at the intersection of State Route #26 and Colonel Hollow Road, and more particularly described as follows:

All bearings are referenced from adjoiner Deed Book 311, Page 263, the reference bearing being North 20 degrees 53 minutes 00 seconds, all ½ inch X 18 inch iron rebar set this survey are with an aluminum sury-kap stamped #2581, or a plastic cap stamped witness LPS #2581 and all distances are express in feet.  This property tract is subject to all rights-of-way, easements, covenants, and restrictions of record and in existence.  The Kentucky Department of Highways should approve all future access entrances to State Highways.  This survey was completed without a legal title abstract being performed.

Beginning at an iron rebar (set), located 25.0 feet east from the approximate centerline of State Route #26 9 right-of-way width scaled from Highway Plans dated 1920, Sheet #14, located at the base of 12 inch maple, and witnessed by a P&K nail (set), which is located at intersection of the east right-of-way line of State Route #26 and the approximate centerline of colonel Hollow Road, which bears South 20 degrees 36 minutes 14 seconds East 861.95 feet; Said rebar also being a property boundary corner of Effie Longworth (Deed Book 386, Page 436-now or formerly);

Thence, leaving the east right-of-way of State Route #26 and with the Ball and Longworth property boundary line, North 75 degrees 32 minutes 37 seconds East 273.67 feet to a one (1) inch metal pipe (found), located as base of a ten (10) inch elm; said metal pipe also being a property boundary corner of Elmer and Lois Cox (Deed Book 306, Page 560 – now or formerly);

Thence, leaving the Longworth property boundary line and with the Ball and Cox property boundary line, North 77 degrees 10 minutes 15 seconds East 45.16 feet to a 5/8 inch anchor bolt (found), also being a property boundary corner of Mark and Viola Powell (Deed Book 311, Page 263 – now or formerly);

Thence, leaving the Cox property boundary line and with the Ball and Powell property boundary line, South 20 degrees 53 minutes 00 Seconds East 84.92 feet to an iron rebar (set);

Thence, leaving the Powell property boundary line, severing the parent tract and establishing a new property boundary line, South 73 degrees 16 minutes 11 seconds West 317.05 feet to an iron rebar (set), located 25.0 feet east from the approximate centerline of State Route #26;

Thence, with the east right-of- way line of State Route #26, North 21 degrees 08 minutes 28 seconds west 98.92 feet to the corner of the beginning containing 0.972 acre, more or less, as described by a property boundary survey completed March 14, 2006, by Kentucky Surveys, Inc., Charles J. Felts.  LPS #2581, and being a part of the same tract of land conveyed by deed to Darrell Ball and Jo Ann Ball, husband and wife, from Elmer Cox and Lois Cox, husband and wife, duly recorded in Deed Book 457, Page 495, of record in Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

Said property was conveyed to James A. Lunsford, Sr. and Rose Lunsford, husband and wife, by Darrell Ball, Jr., single, on December 22, 2009, by a deed recorded on December 28, 2009, in Deed Book 493, Page 620, in the Office 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 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.