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Legal Notices for 9/12/12, page 2


 

 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:

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