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Legal Notices for 8/29/12, page 1



 

 NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0434, Major Revision #2

In accordance with KRS 350.070, notice is hereby given that American Highwall Mining, LLC, P.O. Box 1539, Chilhowie, VA 24319, has applied for a major revision to an existing surface coal mining and reclamation operation located 1.0 miles Southeast of Rockholds in Whitley County, Kentucky.  The major revision will not add any surface disturbance acreage [or underground acreage] to the permit area.

The proposed major revision is approximately 1.2 miles east of junction of the Jack’s Fork Road and KY Rt. 26 & located on the Spring Branch of Big Creek adjacent to Fraley Branch of Big Creek along KY Route 468, approximately 1.4 miles southeast from the junction of KY 468 and KY 612.  The latitude is 36? 48’ 20”.  The Longitude is 84? 06’ 15”.

The proposed major revision is located on the Rockholds U.S.G.S. 7½ minute quadrangle map.  The surface area to be affected by the major revision is owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis.  The major revision will underlie land owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis.

The major revision proposes to add a portable washer to be used on site on the excavated mine bench.

The major revision application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue Middlesboro, KY 40965.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF HEARING

WHITLEY COUNTY BOARD OF EDUCATION

The Whitley County Board of Education will hold a public hearing at the Whitley County Board of Education Central Office on August 30, 2012 at 5:00 p.m. to hear public comments regarding a proposed tax levy of 38.6 cents for real property and 39.8 cents for personal property.

The General Fund tax rate levied in fiscal year 2012 was 38.6 cents for real property and 43.3 cents for personal property and produced revenue of $2,186,134.  The proposed General Fund tax rate of 38.6 cents for real property and 39.8 cents for personal property is expected to produce $2,142,165.  Of this amount, $355,203 is from new and personal property.  The compensating tax rate for 2013 is 38.3 cents on real property and 38.3 cents on personal property and is expected to produce $2,125,516.

The General Assembly has required publication of this advertisement and the information contained herein.

 

 

Public Notice

For Solid Waste Management Plan Update 2012-2017

The Whitley County Fiscal Court proposes to adopt the county’s Solid Waste Management Plan update per 401 KAR/49:011, Section 5. The plan, if approved, will serve as the basis for handling solid waste management issues in Whitley County (including the cities of Corbin and Williamsburg), for the years 2013-2017.

The proposed plan is available for public inspection beginning August 1, 2012 at the following location during regular business hours:

Office of Whitley County Judge/Executive

Pat White, Jr.

200 Main Street, 2nd Floor

Williamsburg, KY 40769

Additional information about this plan can be obtained by contacting:

Amber Owens

Whitley County Project Director

aowens@2geton.net

(606) 549-6000

Anyone unavailable to review the plan at the above locations may call or email and request that a copy be mailed or emailed to them.

Any person wishing to comment on the plan may do so by providing comments no later than the close of business on the 30th day of this public notice (August 30, 2012), to the Whitley County Fiscal Court, Williamsburg, KY 40769.  Any person wishing to be heard at a public hearing must make a request via telephone, fax, email, or written communication, to the governing body identified above, no later than 4 p.m. on the 30th day, Thursday, August 30, 2012.

A public hearing is scheduled on August 31, 2012 at 10 a.m. to receive public comments on the plan.  The hearing will be held in the Whitley County Fiscal Court room on the second floor of the courthouse.  However, if no request for a public hearing has been received by close of business, 4:00 p.m., August 30, 2012, the hearing may not be held.

The Whitley County Fiscal Court will respond to all written public comments within fifteen days after the end of the public comment period and will consider the plan for passage at the September 18, 2012 fiscal court meeting at 6 p.m.  The plan, if approved, will then be submitted to the Kentucky Energy and Environment Cabinet for review and approval.

Amber L. Owens

Project Development Director

Whitley County Fiscal Court

(606) 549-6012 - Office

(606) 304-6112 - Cell

(606) 549-6095 - Fax

aowens@2geton.net

 

 

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-178

JPMorgan Chase Bank, National Association, Plaintiff,  VS. Michael R. Allen; Janet Allen; CitiBank, N.A. successor by merger to CitiBank (South Dakota), Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michael R. Allen and Janet Allen, plus costs, is as follows:

(1) The principal sum in the amount of $71,572.81, plus interest from 01/1/11, in the amount of $5,703.50, plus late charges in the amount of $115.15; plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,392.04, plus property preservation in the amount of $37.03, plus property inspection fees in the amount of $140.00, for a total in the amount of $79,960.53, together with interest at the rate of 5.6250 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 $1,450.00, 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: 107 Bold Ruler Trail, Corbin, KY 40701.

Being Lot No. 374 of Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51, Whitley County Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lot.

The foregoing property is subject to the protective and restrictive covenants as set forth in Miscellaneous Record Book 30, pages 445-448, Whitley County Court Clerk’s Office.

Being the same land acquired by Michael R. Allen and w, Janet Allen by deed from Russell L. Collins, Jr., and wife, Catherine Collins, dated March 15, 2004, and recorded in Deed Book 451, Page 181, 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.

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 28th day of August, 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-925

JAMOS FUND I LP, PLAINTIFF, VS. RYAN VANNOSTRAN; CHRISTIE VANNOSTRAN; CITIZENS BANK; CAPITAL ONE BANK (USA) N.A.; LIEN SOLUTIONS, LLC; US BANK CUSTODIAN FOR SASS MUNI V DTR; KENTUKCY TAX COMPANY, LLC; COMMONWEALTH OF KENTUCKY, CITY OF CORBIN and COMMONWEALTH OF KENTUCKY COUNTY OF WHITLEY,  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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ryan Vannostran and Christie Vannostran, plus costs, is as follows:

(1) The sum in the amount of $4,323.77 as of March 31, 2012, which constitutes principal in the amount of $811.90; with interest in the amount of $308.53, which constitutes accrual at the rate of twelve percent (12%) per annum; with monthly interest accruing at a rate of $8.12 per month until paid; pre-litigation attorneys fees of $568.33; administrative fees of $100.00; and a reasonable attorneys fees in the amount of 1,500.00; reimbursement for the cost of the title search in the amount of $250.00; and costs in the amount of $776.89.

Property Address: 214 Woodland Acres, Corbin, KY 40701.

Beginning at a 24 inch black oak in the north line of fourth Street; thence with Meek’s line North 35 degrees 55’ West 192.5 feet to a 15 inch poplar; thence North 40 degrees 35’ East 120 feet to a stone; thence south 44 degrees 00’ East 222 feet to a stone in the line of said Fourth Street; thence South 54 degrees 10’ feet West 165 feet to the beginning.

Excepting however that portion heretofore conveyed to Kim House and described as follows:  BEGINNING at a 24” B. Oak in the right of way line of (Fourth Street) Woodland Acres corner common to Parks and House; thence a line common to Parks and House N 30 degrees 55’ W 124’ to a stake corner common to Parks and House; thence a line common to Parks and house N 36 degrees 29’ E 136.7 to a stake in the right of way of a 35’ driveway corner common to parks and house; thence with right of way of said driveway S 44 degrees 00’ E 170’ to a stake in the right of way line’s of said driveway and (Fourth Street) Woodland Acres; thence with the right of way line of (Fourth Street) Woodland Acres S 54 degrees 10’ W 165’ to the beginning corner containing 0.50 acres more or less.

Being the same property conveyed to Ryan Vannorstran and wife, Christie Vannorstran, by deed from Joe House, et al, dated June 27, 2005, of record in Deed Book No. 462, Page 198, Whitley County Court 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 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. Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 28th day of August, 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-565

JAMOS FUND I LP, PLAINTIFF,  VS. JAMES TUTTLE; TAX EASE LIEN SERVICING, LLC; KY LIEN HOLDINGS, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, James Tuttle, plus costs, is as follows:

(1) The sum in the amount of $4,485.36 as of April 30, 2012, which constitutes principal in the amount of $1,060.88; with interest in the amount of $413.75, which constitutes accrual at the rate of twelve percent (12%) per annum; with monthly interest accruing at a rate of $10.61 per month until paid; pre-litigation attorneys fees of $700.00; administrative fees of $100.00; and a reasonable attorneys fees in the amount of 1,500.00; reimbursement for the cost of the title search in the amount of $250.00; and costs in the amount of $439.20.

Property Address: 4664 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on the persimmon on the bank of the Maple Creek Road; thence along a fence row North 252 feet to a double maple; thence east with fence 309 feet to a white oak; thence east 99 feet to a fence corner; thence east 453 feet to a stone in Maple Creek; thence continuing eastward 291 feet to a small oak; thence south 330 feet to a tall pine on bank of Maple Creek Road; thence westward with said road 957 feet to a pint of beginning.

Being the same property conveyed to James Tuttle by deed dated May 25, 1999, from Kenneth R. Hyden and his wife, Shirley Hyden, of record in Deed Book 409, Page 289 in the Whitley County Court 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 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. Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 28th day of August, 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. 10-CI-993

HSBC Bank USA, National Association, as Trustee for Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-2, Plaintiff,  VS. Joe L. Doctor; Karista Doctor; Mortgage Electronic Registration Systems, Inc, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Joe L. Doctor, plus costs, is as follows:

(1) The principal sum in the amount of $102,029.55, plus interest from 09/1/10–1-27-12 in the amount of $11,547.74, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,411.37, plus BPO in the amount of $126.00, plus property inspection fees in the amount of $10.50, plus suspense in the amount of $(520.87), plus attorney fees in the amount of $1,350.00, for a total in the amount of $116,831.39, together with interest at the rate of 8.125 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: 100 Williams Street, Corbin, KY 40701.

Tract 1: Beginning at the northeast corner of Williams Street and John Street; thence northwestwardly with the north east line of John Street about 200 feet to James Street; thence northeastwardly with the southeast line of James Street 69 feet to a stake; thence southeastwardly 200 feet to the northwest line of Williams Street; thence southwestwardly with the line of said Street 60 feet to the beginning, and being all of lots 9,10,19, and 20 and a part of lots Nos. 8 and 18 in Block `D’ of the Upland Heights of Butcher Addition to the city of Corbin, as shown by Map or Plat of said Addition which is of record in Map Book 1, at Page 33, Whitley County Court Clerk’s Office.

Tract 2: Beginning at a point in the northwest line of Williams Street 60 feet from the intersection of Williams Street and Johns Street, at R. B. Gillespie and Willie C. Gillespie southeast corner; thence northeastwardly with Williams Street 4 feet and 8 inches to a stake; thence southwestwardly about 200 feet to a steel stake in the northwest line of James Street, same being R. B. Gillespie and Willie C. Gillespie and Willie H. Kelly’s corner; thence southeastwardly with R. B. Gillespie, and Willie C. Gillespie and Willie H. Kelly’s line about 200 feet to the beginning, same being a triangular strop of land, and leaving the first parties a front footage on said Williams Street of 64 feet and 8 inches, the same being measured from the intersection of Williams Street and John’s Street northeastwardly with Williams Street.

Being the same property conveyed to Joe L. Doctor and Karista Doctor, husband and wife, by deed dated Jimmy D. Walker and Deborah G. Walker, husband and wife, by deed dated January 3, 2005 and recorded on January 10, 2005 in Deed Book 458, Page 310, 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 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 28th day of August, 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. 08-CI-942

Wells Fargo Bank, N.A., Plaintiff, VS. Amber H. Noell; and Jason Noell, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Amber H. Noell and Jason Noell, plus costs, is as follows:

(1) The principal sum in the amount of $153,329.35, plus interest from 08/1/08, in the amount of $4,335.24, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $295.24, plus property inspection fees in the amount of $187.80, plus attorney fees in the amount of $1,100.00, for a total in the amount of $159,247.63, together with interest at the rate of 6.00 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 $1,450.00, 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: 105 Wells Lane, Corbin, KY 40701.

BEING LOT NUMBER FIVE (5) of the residential development identified as Biltmore Grove Estates located in Whitley County, Kentucky, and for a more complete and detailed description of said lot, reference is hereby made to the plat of said subdivision which has been duly recorded and appears of record in Plat File 373 in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

The property identified herein is subject to the terms and provisions of the declaration of Protective Covenants for Biltmore Grove Estates dated July 11, 1997 and appearing of record in Miscellaneous Book 96, at page 55, in the Clerk’s Office aforesaid.

For further source of title see the deed to Jason A Noell and Amber H Noell, husband and wife, from David Wells, Jr and Melanie Wells, husband and wife, dated October 30, 1997 and recorded November 3, 1997 in Deed Book 396 page 636 in the Clerk’s office aforesaid.

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 28th day of August, 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. 10-CI-780

JPMorgan Chase Bank, N.A., Plaintiff,  VS. Darren Whitaker; Chasty Whitaker; James Foley; Leanell Foley, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 26, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Darren Whitaker; Chasty Whitaker; James Foley; and Leanell Foley, plus costs, is as follows:

(1) The principal sum in the amount of $49,862.08, plus interest from 03/1/09, in the amount of $9,674.30, pre-acceleration late charges in the amount of $39.69; plus escrow in the amount of $3,271.67, plus property preservation in the amount of $2,348.00, plus property inspections in the amount of $56.00, for a total in the amount of $65,251.74, together with interest at the rate of $9.22 per diem 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: 449 North 3rd Street, Williamsburg, KY 40769.

Beginning at a marking seam in the sidewalk on Third Street 61 feet and 10 inches from the corner of lot No. 25 owned by Thos. Vaughn; Thence north 84 degrees 19 minutes west with the line of Third Street 109 feet 1 ½ inches to a stake at the entrance of the street, line of Third Street and the 47 foot Street; Thence the 47 foot street, South 25 degrees 51 minutes East 117.54 feet to the intersection of a 40 foot alley; thence with the line of said alley, South 84 degrees 10 minutes East 45 feet 6 1/3rd inches to a stake, same being the corner of this lot and lot deeded to C.L. McDonald; Thence north 5 degrees 50 minutes East 100 feet to the beginning being all this Lot No. 28 and 38 feet 2 inches of Lot No. 27.

Being the same property conveyed to Darren Whitaker and wife Chasty Whitaker by deed dated May 15, 2007 and recorded on May 17, 2007 in Deed Book 477, page 141 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 28th day of August, 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.  12-CI-00345

 

BRUNER LAND COMPANY, INC., A FOREIGN CORPORATION DULY AUTHORIZED TO EXIST IN KENTUCKY, PLAINTIFF VS. DALE R. HERBERT and his wife, LORI L. HERBERT; DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE; and  WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, dale R. Hebert and his wife, Lori L. Hebert, plus costs, is as follows:

(1) The sum in the amount of $12,158.26 as of May 7, 2012, plus interest thereon at the rate of 9.9% per annum ($2.97 per day) until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

The property to be sold is located in Whitley County, Kentucky, and more particularly described as follow:

PROPERTY ADDRESS: 849 White Oak Road, Williamsburg, Whitley County Kentucky 40769.

EXHIBIT A-1

TRACT NO. I

Lot#11 (9.776 ACRES)

A certain tract or parcel of land lying and being in Whitley County, Kentucky (Cumberland Falls Quadrangle), on Little White Oak Creek of White Oak Creek, both tributaries of the Cumberland River and located 1.2 mile northwest from the approximate intersection of White Oak Road and River Road and more particularly described as follows:

BEGINNING at a property boundary corner located in the approximate centerline of White Oak Road, witnessed by an iron rebar (set),, which bears SOUTH 40 DEGREES 52 MINUTES 14 SECONDS WEST 20.17 FEET; thence, with the approximate  centerline of  White Oak Road, severing the parent t tract and establishing new property boundary lines, the following bearings and  distances; SOUTH 41 DEGREES 39 MINUTES 16 SECONDS EAST 111.99 FEET; SOUTH 42 DEGREES 20 MINUTES 28 SECONDS EAST 62.26 FEET; SOUTH 42 DEGREES 20 MINUTES 28 SECONDS EAST 30.59 FEET; SOUTH 43 DEGREES 14 MINUTES 04 SECONDS EAST 92.54 FEET to a property boundary corner located in the approximate centerline of White Oak Road, witnessed by an iron rebar (set), which bears SOUTH 49 DEGREES 39 MINUTES 13 SECONDS WEST 20.03 FEET; thence, leaving the approximate centerline of White oak Road, severing the parent tract and establishing new property boundary lines, the following beatings and distances; SOUTH 49 DEGREES 39 MINUTES 13 SECONDS WEST 156.15 FEET to an iron pin (set); SOUTH II DEGREES 48 MINUTES 54 SECONDS WEST 718.59 FEET to an iron rebar (set), located in the property boundary line of John Wilson and Connie Wilson (Deed Book 459, Page 213 — now of formerly); thence, with the Wilson property boundary line, NORTH 75 DEGREES 46 MINUTES 28 SECONDS WEST 694.64 FEET to a twenty (20) inch hickory with fence (found), witnessed by an iron rebar (set), which, bears NORTH 81 DEGREES 19 MINUTES 51 SECONDS EAST 1.35 FEET, said hickory also being a property boundary corner to James Fichter (Deed Book 421, Page 141 — now or formerly); thence, leaving the Wilson and Fichter property boundary corner, the following bearings and distances: NORTH 40 DEGREES 52 MINUTES 14 SECONDS EAST 1029.34 FEET to an iron rebar (set); NORTH 40 DEGREES 52 MINUTES 14 SECONDS EAST 100.00 FEET to the corner of the beginning containing 9.776 ACRES, more or less, as described by a property boundary survey completed April 14, 2006, by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581.

There is herein RESERVED, a twenty (20.0) feet wide ACCESS AND UTILITY EASEMENT for the use and benefit of the Grantors and Grantees, their heirs and assigns, being twenty (20.0) feet right (west) from the hereinafter described centerline and adjoining the northern property boundary lines of the heretofore described 9.776 acre tract and more particularly described as follows:

BEGINNING at a property boundary corner located in the approximate centerline of White Oak Road, witnessed by an iron rebar (set), which bears SOUTH 40 DEGREES 52 MINUTES 14 SECONDS WEST 20.17 FEET; Said corner also being the beginning corner of the heretofore described 9.776 acre tract; thence, with the approximate center lines of White Oak Road and with the northern property boundary lines of the herein described 9.776 acre tract, the following bearings and distances; SOUTH 41 DEGREES 39 MINUTES 16 SECONDS EAST l11.99 FEET; SOUTH 42 DEGREES 20 MINUTES 28 SECONDS EAST 62.26 FEET; SOUTH 42 DECREES 20 MINUTES 28 SECONDS EAST 30.59 FEET; SOUTH 43 DEGREES 14 MINUTES 04 SECONDS EAST 92.84 FEET to a property boundary corner located in the approximate centerline of White oak Road, being the END of the herein described access and utility easement centerline, witnessed by an iron rebar (set), winch bears SOUTH 49 DEGREES 39 MINUTES 13 SECONDS WEST 20.03 FEET.

BEING A PORTION OF THE SAME property conveyed to Brunner Land Company, Inc., from Greg Owens and Melanie Owens, husband and wife, Deborah Nonnemaker and her husband Lee Nonnemaker, and Don Pennington and Linda Pennington. husband and wife, by deed dated October 3, 2005 and recorded in Deed Book 465, Page 046, office of the Whitley County Clerk.

Being the same property conveyed to Dale R. Hebert and his wife, Lori L. Hebert, by deed dated March 7, 2008, recorded in Miscellaneous Book 151 page 649 of the Whitley County Court Clerk’s Office. 

EXHIBIT A-2

BRUNER WHITE OAK PROTECTIVE COVENANTS

1. The following protective covenants are covenants running with the land and shall continue in full force and effect  until 1/1/2075, and may be enforced (through injunction or otherwise) by any owner acquiring any part of the land acquired by the undersigned by Deed recorded in Book 465, Page 46, office of the Whitley County Clerk, Williamsburg, Kentucky.

2. No more than two residences per tract shall be permitted.

3. Any mobile home placed on said property shall not be over 5 (five) years of age at time of placement, shall contain a minimum of 700 square feet and shall be under skirted at time of placement and shall have vinyl siding.

4. No inoperative or unlicensed vehicles may be placed on said lot. No accumulation of discarded personal effects, debris, waste, garbage or any unsightly objects or matter will be permitted on any lot.

5. No noxious or offensive activity shall be carried on upon any lot.

6. Before any construction takes place, purchaser must contact the local government authority to make sure purchaser is in compliance with the local laws.

7. Before occupancy of any home or mobile home, a sewage disposal system shall be installed in conformity with the minimum standards required by the County Board of Health.

8. All lots are to be used for residential, agricultural, or recreational purposes, (though the lot owner may store equipment and material used in a business in a well constructed enclosed building on the property.) The property is not to be used for commercial enterprises (with customers coming and going) with the exception of churches, riding stables, horse farm, cattle farm, or truck farm (fruits and vegetables.)

9. No swine shall be permitted on any lot.

10. Dogs cat and other household pet shall not be bred or maintained for commercial purposes.

11. No shack, tent camper, school bus, or recreational vehicles shall be used as a residence, either temporary or permanent. Campers and tents may be used for recreational purposes only and must be set back a minimum of 40 feet from the center of any existing government road.

12. Any residence erected on said lots shall be at least 700 square feet of indoor heated area (excluding basement and garage) and shall have a finished siding such as rustic wood, frame, brick veneer, press board, or contemporary siding.

13. Any building or structure placed an said property shall be setback a minimum of 40 feet from the center of any existing government road unless a lesser set-back is requested by public authority.

14. While said property is under Land Contract/Land Sales Agreement, no timber shall be removed (sold) from said property without written permission from Bruner Land Company, Inc. and, any revenue from said timber shall be the sole property of Bruner Land Company, Inc.

15. Where protective covenants and Whitley County Zoning Ordinances are in conflict, the stricter requirement will prevail.

16. Invalidation of any of these covenants by judgment of court order shall, in no way affect any of the other provisions, which shall remain in full force and effect.

17. Nothing contained herein shall be construed as creating any obligation on the part of Bruner Land Company, Inc. to enforce these Protective Covenants.

18. The purchasers of this farm, for themselves, their heirs and assigns, by the acceptance of the conveyance of this farm, agree to be bound by the covenants contained herein and are the primary enforcers of these covenants.

See Contract for Deed/Land Contract recorded in the Whitley County Clerk’s Office in Miscellaneous Book 151, Page 649 of the Whitley County Court 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 ten percent (10%) down with the balance in 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and 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 28th day of August, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

ADVERTISEMENT FOR BIDS

WATER LINE EXTENSIONS

WHITLEY COUNTY WATER DISTRICT - WHITLEY COUNTY, KENTUCKY

Separate Sealed BIDS for the construction of Water Line Extensions will be received by the Whitley County Water District, 19 South US 25W, Williamsburg, KY 40769 until 1:30 p. m. local time, September 14, 2012 and then publicly opened and read aloud at the District’s Office. This contract consists of approximately 38,270 feet of four inch (4”) waterlines, 7,485 feet of three inch (3”) waterlines and appurtenances.

The CONTRACT DOCUMENTS may be examined at the following locations:

•WHITLEY COUNTY WATER DISTRICT, 19 SOUTH US 25 W, WILLIAMSBURG, KY 40769

•KENVIRONS, INC., 452 VERSAILLES ROAD, FRANKFORT, KY 40601

•F. W. D0DGE/AGC, 950 CONTRACT STREET, LEXINGTON, KY 40505

Copies of the CONTRACT DOCUMENTS may be obtained from Lynn Imaging, 328 Old Vine Street, Lexington, KY 40507 (859-226-5850) and www.lynnimaging.com upon payment of a nonrefundable price of $125.00 for each set plus any shipping charges.

Each Bidder must accompany his bid with a Bid Bond in amount of not less than five (5) percent of the base bid. No Bidder may withdraw his bid for a period of ninety (90) days. The Bidder awarded the contract shall execute a 100% Performance Bond and a 100% Payment Bond and shall furnish insurance as required, in the General Conditions. This contract shall be completed within 150 calendar days after date of authorization to start work. Liquidated damages will be $500 per calendar day.

Bidders must comply with the President’s Executive Order Nos. 11246 and 11375, which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must comply with Section 3, Section 109, Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act and the contract Work Hours Standard Act. Bidders must certify that they do not, and will not, maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed, or national origin.

Any bid that is obviously unbalanced may be rejected. The Whitley County Water District reserves the right to reject any and all bids and waive informalities. Small, minority and women’s businesses and labor surplus area firms are encouraged to bid this project.

By: Walter Estes, Chairman, Whitley County Water District, August 28, 2012