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Legal Notices for 10/3/12, page 1


 

 Whitley County Public Library

Requests for Bids

The Whitley County Public Library will accept sealed bids until 4:45 p.m. on Thursday, Oct 25, 2012 at Whitley County Public Library, 285 South Third Street, Williamsburg KY  40769 for the purchase of the commercial property occupying the corner of Third and Main Streets in downtown Williamsburg. The bids will be opened following the expiration of the deadline.

The Library reserves the right to reject any or all bids.

For more information, contact (606)549-0818.

 

AN ORDINANCE ESTABLISHING THE PROPERTY TAX RATE FOR THE YEAR 2012

NO. 12-008

Be it ordained by the City Council of the City of Williamsburg, Kentucky, the 2012 tax rate for Real Property shall be .2710 cents over $100 dollar valuation. Personal Property including automobiles shall be .3441 cents per $100 dollar valuation.

Any city property taxes unpaid as of January 1, 2013 shall be assessed a penalty of Ten (10) percent, as well as interest at the rate of six (6) percent until paid.

RODDY HARRISON, MAYOR

Attest: Teresa Black, City Clerk

First Reading: September 24, 2012

Second Reading: September 27, 2012

Published: October 3, 2012

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.: 09-CI-00118

CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC C/O LITTON LOAN SERVICING, L.P. PLAINTIFF, VS. SHANNON STEPHENS; DONNA STEPHENS; COUNTY OF WHITLEY; TAX EASE LIEN INVESTMENTS 1, LLC; AND JELLICO COMMUNITY HOSPITAL, d/b/a JELLICO HOSPITAL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on June 1, 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Shannon Stephens and Donna Stephens, plus costs, is as follows:

(1) The sum in the amount of $222.04 for 2007 County Tax Bill # 19568 as of date of purchase on or about August 20, 2008, with interest thereon at the rate of twelve percent (12%) per annum until paid; and

(2) Costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee. Defendant/Counterclaimant/Cross-Claimant is awarded a reasonable attorneys’ fees in the amount of $1,170.00 for protecting its certificate of delinquency already involved in litigation and prosecuting this collection remedy under KRS§134.452(3)(c); its costs in the amount of $430.00 that have arisen due to prosecuting this collection remedy under KRS§134.452(3)(c); attorney’s fees in the amount of $218.50 for collection efforts prior to litigation under KRS§134.452(3)(a); and administrative fees in the amount of $100.00 pursuant to KRS§134.452(4).

Said property address is: 78 Brent Lane, Williamsburg, KY 40769.

A tract of land located in Highland Park area of Williamsburg, Whitley County, Ky., more particularly described as follows:

BEGINNING at a rebar located on the R/W line of Brent Lane and also being a corner to Joseph Wallace Caddell and his wife, Vivian Elain Caddell, whose deed is recorded in Deed Book 309, Page 111-113, dated 5-24-1985, Whitley County Court Clerk’s office; THENCE with the Caddell line and leaving the R/W line of Brent Lane, SOUTH 83 degrees, 58 minutes, 07 seconds EAST, 90.00 feet to a rebar on the R/W line of Pike Road (old U.S. Hwy. 25), also a corner to said Caddell, SOUTH 14 degrees, 21 minutes, 36 seconds EAST, 76.85 feet to a rebar on the R/W line of Pike Road, also being a corner to Ira S. Powers, whose deed is recorded in Deed Book 316, Page 267-268, dated August, 1996, Whitley County Court Clerk’s Office; THENCE leaving the R/W line of Pike Road and with the line of said Powers, NORTH 89 degrees, 00 minutes, 00 seconds WEST, 110.00 feet to a rebar on the R/W line of Brent Lane, also being a corner to said Powers; THENCE leaving the line of said Powers and with the R/W line of Brent Lane, NORTH 01 degrees, 00 minutes, 00 seconds EAST, 82.00 feet to the beginning.

All rebars referred to in the above description are ½ inch x 18 inches with a permamark cap stamped “GSB LS-558.”

The above tract of land is bounded on the North by Joseph Wallace Caddell and his wife, Vivian Elaine Caddell; on the East by Pike Road (old U.S. Hwy. 25); on the South by Ira S. Powers; on the West by Brent Lane.

Reference bearing was taken from a plat dated 3-26-1975, stamped B. L. Smith 1001 State of Kentucky Registered land Surveyor.

Reference is also made to a plat prepared by Brock Engineering Co., wherein the above described property is show as Lot No. 7, said plat being filed June 30, 1987, and recorded in Map Book 4, Page 97, Whitley County Court Clerk’s Office.

Being the same property conveyed to Shannon Stephens and Donna Stephens, husband and wife, from Eldon Wayne Bird and Marcia Gail Bird, husband and wife, by Deed dated November 15, 1996, and filed for record on November 22, 1996 in Deed Book 389, Page 357 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 percent (1/3rd) 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 Defendant/Counterclaimant/Cross-Claimant or its representative is the purchaser of the property, then, and in that event, no down payment shall be required and no bond shall be executed by them, and they shall be entitled to take a credit against the purchase price to the full extent of Defendant/Counterclaimant/Cross-Claimant liens and costs and expenses, including attorney’s fees awarded herein. 

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.

d. Any applicable zoning regulations.

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 25th day of September, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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. II

CIVIL ACTION NO. 11-CI-00274

THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-4, ASSET-BACKED CERTIFICATES, SERIES 2006-4,  PLAINTIFF, VS. MARIE BOWEN; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS; UNITED STATES OF AMERICA; US BANK CUSTODIAN SASS MUNI DTR; COUNTY OF WHITLEY; CITY OF CORBIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 5, 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Marie Bowen, plus costs, is as follows:

(1) The sum of $49,286.50, plus interest at the rate of 10.52500 percent per annum from October 1, 2008, together with amounts for late fees and assessments, advancements for the protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees.

The said real property is located in Whitley County, Kentucky, to wit:

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 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, 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 25th day of September, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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. 11-CI-00559

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-9,  PLAINTIFF, VS. IVAN MCCRACKEN; AND BEVERLY GRAY; AND CITY OF CORBIN, KENTUCKY; AND 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 March 5, 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ivan McCracken, Beverly Gray, plus costs, is as follows:

(1) The sum of $107,293.15 plus interest at the rate of 9.21% per annum from June 25, 2008, plus advances made for taxes and insurance, and advances made to protect the property.

File Number: 207060098

The said real property is located in Whitley County, Kentucky, to wit:

Tract 1:

Lot Nos. 50 and 62, and the West One-half of Lots Nos. 49 and 63, of the Gilliam Addition to the City of Corbin, as shown by map or plat of said Addition which is of record in the Whitley County Court Clerk’s Office in Map Book 1 at Page 6, and to which said map reference is made for a more complete description of said Lots. There is also conveyed to the second party by this deed the small parcel of land between the South line of the West half of Lot No. 49, and the South boundary line of the said Gilliam Addition, the second party’s East line to run through the center of Lots 63 and 49 from Woods Street a straight line to the said South line of said Gilliam Addition.

Tract II:

A beginning at a point in the South line of Wood Street, corner of JR Moses, thence with the Moses’ line, South 8 degrees 00 minutes East 210 feet to an iron stake; thence South 89 degrees 05 minutes West 60.4 feet to a fence post, corner of K.W. Davis; thence with the K.W. Davis line fence, North 8 degrees 00 minutes West 202.5 feet to an iron stake in the South line of Wood Street; thence with the South line of Wood Street North 82 degrees 00 minutes East 60.0 feet to the beginning.

BEING the same property conveyed to Ivan McCracken and Beverly Gray, by Survivorship Deed dated April 6, 2006, of record in Deed Book 468, Page 361, in the Office of the Clerk of the County Court of Whitley County, Kentucky. Also, being the same property PREVIOUSLY conveyed to Jasper Mackey and his wife, Bessie, by Warranty Deed dated March 18, 1986, of record in Deed Book 313, Page 392, in the Office aforesaid.

Being the same property commonly known as: 607 John Street, Corbin, KY 40701

Tax ID No: 137-20-29-004.00

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the successful bidder, then, 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 25th day of September, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION I

CIVIL ACTION NO. 12-CI-00093

VANDERBILT MORTGAGE AND FINANCE, INC.,  PLAINTIFF, VS. BILLY BLANKENSHIP (in rem); JADE TUESDAY BLANKENSHIP,  a/k/a JADE T. BLANKENSHIP; UNKNOWN SPOUSE OF JADE TUESDAY BLANKENSHIP (in rem); JPH LIEN SERVICES, LLC; and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Billy Blankenship; Jade Tuesday Blankenship a/k/a Jade T. Blankenship, plus costs, is as follows:

(1) The principal sum of $47,630.51, plus interest through 06-25-12 in the amount of $5,409.83, plus late charges of $85.00, plus escrow of $979.04, plus Attorney’s fees (KRS 411.195) paid through 06-25-12 of $1,154.00, and Court costs and services fees of $991.95 for a subtotal of $56,250.33 plus an unapplied credit of -$36.50 for a total amount of $56,213.83, together with interest at the rate of 10.74% per annum from the above date until entry of the judgment and thereafter at the judgment rate of 12.00% per annum, until paid, plus Plaintiff’s costs expended herein and any sums expended by Plaintiff for insurance, ad valorem taxes and for preservation of real estate until date of sale, and attorney’s fees incurred after June 25, 2012.

(2) There is a 2004 Norris Mobile Home, VIN NO1028908TNAB included with the real property.

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

Said property address is: 725 Black Oak Road, Williamsburg, Kentucky 40769.

Beginning on a survey marker in the westerly line of Black Oak Road, said survey marker bearing N25d39’21”E 381.80 feet from a set stone in the outside line and S46d39’57”W 298.54 feet from the northwest corner of the Lugenia Richardson residence, and running thence into the boundary of the Vermillion Heirs tract and severing the same the following calls: N66d20’37”E 117.91 feet to a point in a branch with a survey marker set as a witness bearing S66d20’37”W 5.00 feet from said corner; thence with the branch S38d01’55”E 186.49 feet to a point; thence continuing with said branch S21d23’18”E 71.45 feet to a point in the branch with a survey marker set as a witness bearing S69d40’32”W 10.00 feet from said corner; thence leaving the branch and running up the hill S69d40’32”W 203.14 feet to a survey marker in the west line of Black Oak Road; thence with the west line of said road the following calls: N20d19’28”W 130.84 feet to a point; thence N11d21’09” W 81.99 feet to a point; thence N05d18’45”E 33.73 feet to the point of beginning containing a calculated area of 1.000 acres, more or less, as per su