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Legal Notices for 10/3/12, page 2



 survey and plat dated October 10, 2002, by Gary R. Owens, P.L.S., Kentucky Registration Number 2681.

AND BEING the same property conveyed to Jade Tuesday Blankenship from Betty Jo Vermillion, single, et al., by Deed dated March 14, 2003, of record in Deed Book 442, Page 90, in the Office of the Whitley County Court Clerk.

Parcel/Map: #135-00-00-006.01

TERMS OF SALE

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

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

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. 2

CIVIL ACTION NO. 12-CI-00226

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, L.P. Fka Countrywide Home Loans Servicing, L.P.,  Plaintiff, VS. Sally K. Knuckles a/k/a Sallye Knuckles a/k/a Sally M. Knuckles; Walter E. Knuckles a/k/a Walter Knuckles; County of Whitley; US Bank Custodian SASS Muni V. DTR; Capital One Bank USA, N.A. fka Capital One Bank, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 20, 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, Sally K. Knuckles a/k/a Sallye Knuckles a/k/a Sally M. Knuckles, Walter E. Knuckles a/k/a Walter Knuckles, plus costs, is as follows:

(1) As of May 31, 2012, the principle sum in the amount of $77,861.79, plus interest from 05/01/11 in the amount of $5,904.47, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,737.01, plus late charges in the amount of $95.25, for a total amount of $141,447.94, plus attorneys fee of $1,150.00 ($500.00 of which are included in the $2,737.01 advancements total above).  For which total amount personal judgment rendered against the Defendants, Defendants, Sally K. Knuckles a/k/a Sallye Knuckles a/k/a Sally M. Knuckles, Walter E. Knuckles a/k/a Walter Knuckles, together with interest at the rate of 7.00 percent per annum 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: 2001 Fox Run Road, Corbin, KY 40701.

TRACT I:

BEGINNING ON A STONE 30 FEET FROM A STONE IN ORIGINAL LINE RUNNING NORTH 51 EAST 210 FEET TO A STONE; THENCE NORTH 10 WEST 142 FEET TO A STONE IN BEN STEELY’S LINE; THENCE RUNNING A SOUTHWEST DIRECTION 210 FEET WITH STEELY’S LINE TO A STONE, STEELY’S AND TAYLOR’S CORNER; THENCE SOUTH 64 EAST 70 FEET TO BEGINNING.

TRACT II:

BEGINNING ON A STONE, TAYLOR’S CORNER; THENCE NORTHEAST DIRECTION 210 FEET TO A STONE; THENCE SOUTH 10 EAST 68 FEET TO A STONE; THENCE A SOUTHWEST DIRECTION 210 FEET TO A STONE; THENCE SOUTHEAST DIRECTION 140 FEET TO THE BEGINNING, TAYLOR’S CORNER.

LESS AND EXCEPT:

THAT PARCEL OF REAL PROPERTY CONVEYED TO DONNIE KNUCKLES BY DEED DATES 1/29/91 AND RECORDED IN DEED BOOK 383, PAGE 530, OF THE COUNTY CLERK OF WHITLEY COUNTY, KENTUCKY.

A TRACT OF LAND IN NORTHERN WHITLEY COUNTY, LOCATED NORTH OF FOX RUN ROAD AND BEING ON THE EAST SIDE OF DIX BRANCH ROAD, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A REBAR IN THE R/W LINE OF DIX BRANCH ROAD, SAID REBAR BEING A CORNER TO WALTER KNUCKLES AND SALLY KNUCKLES, DEED BOOK 247, PAGE 105-106, DATED November 10, 1973; THENCE LEAVING THE LINE OF SAID KNUCKLES AND WITH THE R/W LINE OF SAID ROAD NORTH 38-41-12 WEST 77.13 FEET TO A GOVERNMENT MONUMENT IN THE R/W LINE OF SAID RAOD, SAID MONUMENT BEING A CORNER TO THE U.S. FOREST SERVICE; THENCE LEAVING THE R/W LINE OF SAID ROAD AND WITH FOREST SERVICE LINE NORTH 46-17-36 EAST 210.00 FEET TO A REBAR, SAID REBAR BEING A CORNER TO FOREST SERVICE AND ALSO BEING A CORNER TO LENVAL GREGORY; THENCE LEAVING THE FOREST SERVICE LINE AND WITH THE LINE OF SAID GREGORY SOUTH 34-08-02 EAST 127.14 FEET TO A REBAR A CORNER TO SAID GREGORY AND ALSO BEING A CORNER TO SAID KNUCKLES; THENCE LEAVING THE LINE OF SAID GREGORY AND WITH THE LINE OF SAID KNUCKLES SOUTH 60-14-05 WEST 201.40 FEET TO THE BEGINNING CONTAINING 0.48 ACRES.

ALL REBARS REFERRED TO IN THE ABOVE DESCRIPTION ARE 1/2” x 18” WITH A PERMAMARK CAP STAMPED G.S. BROCK L.S. 558.

THE ABOVE TRACT OF LAND IS BOUNDED ON THE NORTH BY THE U.S. FOREST SERVICE, ON THE EAST BY LEAVAL GREGORY; ON THE SOUTH BY WALTER KNUCKLES & SALLY KNUCKLES, AND ON THE WEST DIX BRANCH ROAD.

Being the same property conveyed to Walter E. Knuckles and Sally K. Knuckles, husband and wife, by deed dated June 12, 2008 and recorded on June 25, 2008 in  Deed Book 484, Page 296, of the Whitley County Clerk’s records.

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 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. 12-CI-00289

Bank of America, N.A., PLAINTIFF, VS. Charles Valiquette, et al, 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 Defendant, Charles Valiquette, is as follows:

(1) The principal sum in the amount of $126,290.15, plus interest on the principal sum at the rate of 5.25% per annum from September 1, 2010 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 3761 Browns Creek Road, Williamsburg, Kentucky 40769

Parcel #: 160-00-00-013.00

The following property situated in Whitley County, Kentucky, to-wit:

Beginning on a stone on the gap of the ridge between Maple and Browns Creek at the county road a corner of Nervia Jane Hill; also a corner of J.H. Cupp thence with the Nervia Jane Hill line S. 20 30 E 307 feet to a pine near a spring; thence S 53 30 E 187 feet to a stone on top of the ridge above a spring; thence 6 chains and 21 feet to a stone on the top of the ridge running up from the cemetery; thence going down said ridge 8 chains and 18 feet to a stone on the cemetery ridge; thence with the fence 7 chains and 55 feet to a stone at the county road; thence with the county road 7 chains 23 feet to the Beginning corner between Maple Creek and Browns Creek.

Being the same property conveyed to Charles Valiquette, single who acquired title by virtue of a deed from Josh Perry, Sr. and Alice Perry, husband and wife, dated December 20, 2004, filed December 23, 2004, recorded in Deed Book 458, Page 69, County Clerk’s Office, Whitley County, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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 I

CIVIL ACTION NO. 12-CI-00389

THE UNION BANK OF JELLICO, TENNESSEE, PLAINTIFF VS. EARL CREAGER and his wife, VIVIAN CREAGER; 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 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, Earl Creager and Vivian Creager, plus costs, is as follows:

(1) The sum in the amount of $10,778.94 plus interest thereon at the rate of 8.25%  per annum ($2.3933 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: 568 Buck Creek Road, Williamsburg, KY 40769.

MAP NO. 132-40-06-010.00

BEGINNING at a stone at the edge of the county road; thence West 90 feet to a set stone; thence North 177 feet to a set stone; thence 70 feet to a set stone; thence South 14 degrees 10’ West 177 feet to the beginning.

There is excepted from this description and the lands conveyed hereby, all mineral rights lying in and upon the lands described which have heretofore been reserved by Fred Lucas and wife.

BEING THE SAME PROPERTY conveyed to Earl Creager and his wife, Vivian Creager, by deed from Rural Housing Trust, 1987-1, a Corporation of the State of New York, dated March 25, 1994, recorded in Deed Book 370, Page 541 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 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 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 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. 10-CI-00957

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC, PLAINTIFF, VS. Judith Hoskins, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 20, 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, Judith Hoskins, plus costs, is as follows:

(1) The principle sum in the amount of $64,807.31, plus interest from 07/1/10- 3/15/12 in the amount of $6,778.93, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,959.68, plus property inspection fees in the amount of $70.00, plus property preservation in the amount of $1,763.00, plus late charges in the amount of $67.01, for a total amount of $75,445.93, plus attorneys fee of $1,350.00.  For which total amount personal judgment rendered against the Defendant, Judith Hoskins, together with interest at the rate of 6.1250 percent per annum 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: 403 W. 3rd Street, Corbin, KY 40701.

Lying and being in Whitley County, Kentucky, and more particularly described as follows:

Beginning at the S.A. Wright (now Ed Peace) corner, running about east with Third Street 56 feet to Bertha Blankenship corner; thence South with the Blankenship line one hundred five (105) feet to the John Williams line; thence about west fifty-six (56) feet with the Williams line to the Wright (now Ed Peace) corner; thence one hundred five (105) feet with said Wright (now Ed Peace) line to the beginning; the improvements thereon being known and designated as 403 West Third Street, Corbin, Kentucky, and ,

Being all the same property conveyed to Roscoe Hoskins Jr. and Judith Hoskins, husband and wife, from Edwin Gary Miller and Teresa J. Hill, husband and wife, single, by Deed dated this the 16th day of September, 2005 recorded this the 21st day of September, 2005 in Deed Book 464, Page 234, records 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 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 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. 12-CI-00263

FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE, A/K/A FNMA, PLAINTIFF, VS. JOHN D. HOLBROOK; ROBIN A. HOLBROOK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 20, 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, John D. Holbrook and Robin A. Holbrook, plus costs, is as follows:

(1) The sum of $73,686.66, plus interest at the rate of 5.87500% from the date referenced in the Account Status Affidavit, 05/18/2012, until paid, plus additional fees, costs and expenses in accordance with the terms of the Note and Mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property.

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

Property Address: 336 Oaklawn Circle, Corbin, KY 40701.

A certain tract or parcel of land lying in Whitley County, Kentucky, and being more particularly described as follows:

Being Lot No. 19 in the Oaklawn Subdivision, to the City of Corbin, Kentucky, map or plat of which is duly recorded in Map Book 2, Page 60, Whitley County Court Clerk’s Office, and to which reference is hereby made for a more full and complete description of said lot.

AND ALSO, a certain tract or parcel of land located, lying and being in Whitley County, Kentucky, adjoining the Oaklawn Subdivision in the City of Corbin and being a lot 30 feet wide and 90 feet long, and more particularly described as:

Beginning at the Northwest corner of Lot 19 of the Oaklawn Subdivision of the City of Corbin, Kentucky, as shown in Map Book 2, Page 60-B, Whitley County Court Clerk’s Office, Williamsburg, Kentucky; thence Northwest 30 feet to a stake; thence South 44 degrees East 90 feet to a stake; thence Southeast 30 feet to a stake at the Northeast corner of Lot 19; thence North 44 degrees W. 90 feet with the Northeast line of Lot 19 to the beginning.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Robert L. Barton II and his wife, Carmeta Y. Barton, to John D. Holbrook and his wife, Robin A. Holbrook, by virtue of a deed dated 09/10/1999 and recorded on 09/29/1999 at Deed Book 412, Page 543 of the Whitley County, Kentucky real estate records.

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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, 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. II

CIVIL ACTION NO. 12-CI-00415

Bank of America, N.A., Plaintiff, VS. Tiffany P. Smith; Central Financial Services, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 20, 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, Tiffany P. Smith, is as follows:

(1) The principal sum in the amount of $109,451.63, plus interest on the principal sum at the rate of 6.375% per annum from August 1, 2011 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 1306 Roosevelt St Corbin KY 40701

Parcel # 138-10-15-004.00

The following property situated in Whitley County, Kentucky, to-wit:

Parcel I: Being Lots28 and 29 in Block A, Lincoln Park Addition No. 2 as shown by plat of record in Map Book 1, Page 50, Whitley County Court Clerk’s Office, together with all improvements thereon, and more particularly described as follows:

Beginning at a stake on the West side of Roosevelt Avenue, corner of Lots 27 and 28 and a corner of Dexter Halcomb; thence with Halcomb line, North 69 West 100 feet to a stake in line fence of Elmer Snyder; thence with said fence and the back line of Lots 28 and 29, North 19 1/2 East 50 feet to southwest corner of Lot No. 30 presently owned by Ben Barton; thence with line separating Lots 29 and 30, South 69 East 97 feet to a stake at Roosevelt Avenue; thence with said street, South 16 West 50 feet to the beginning.

Parcel II: Tract One: Being Lots 26 and 27 in Block A of the Lincoln Park Addition No. 2 to Corbin, as shown by a map of said Addition recorded in Play Book 1, Page 50, Whitley County Court Clerk’s Office.

Tract Two: Being Lot 25, Second Lincoln Park Addition to Corbin Kentucky, in Block A as shown by map or plat of said Addition recorded in Play Book 1, Page 50, Whitley County Clerk’s Office.

Being the same property conveyed to Tiffany P. Smith, divorced who acquired title by virtue of a deed from Ryan Smith, divorced, dated March 2, 2012, filed March 7, 2012, recorded in Deed Book 506, Page 737, County Clerk’s Office, Whitley County, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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 II

CIVIL ACTION NO. 12-CI-131

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF VS. TAMMY DEATON, single; JAMOS FUND 1, LP; CAPITAL ONE BANK (USA), N.A., F/K/A CAPITAL ONE BANK; 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 August 20, 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, Tammy Deaton, plus costs, is as follows:

(1) Pursuant to Count I -the sum in the amount of $5,992.78, as of July 30, 2012, plus interest at the rate of 8.99% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II - the sum in the amount of $7,181.98, as of July 30, 2012, plus interest at the rate of 9.5% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS: 00 Shiner Valley Estates, Williamsburg, KY 40769

A certain tract or parcel of land lying in Whitley County, Kentucky and being Lots 1 and 2 of Shiner Valley Estates subdivision as shown on Map Book 4, Page 363, Slide 509, Whitley County Court Clerk’s Office, to which plat reference is made for a more complete description of the property conveyed herein.

The property conveyed herein is subject to the Declaration of Protective Covenants and Restrictions for Shiner Valley Estates recorded in Miscellaneous Book 136, Page 422, Whitley County Court Clerk’s Office.

Being the same property conveyed to Tammy Deaton by deed from Homer Bart Davis, Jr. and his wife, Loretta Davis, dated June 12, 2006, recorded in Deed

Book 469, Page 757 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 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 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-00977

PILGRIM ENERGY, INC., PLAINTIFF, VS. ANGELA LOMUSCIO; TAXCO, LLC, 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 Defendant, Angela Lomuscio, plus costs, is as follows:

(1) $38.94 being Pilgrim’s acquisition cost of the 2006 tax bill made the basis of this suit, plus $14.80, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $38.94; and 

(2) $45.01 being Pilgrim’s acquisition cost of the 2008 tax bill made the basis of this suit, plus $15.30, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on August 25, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $25.00; actual and reasonable attorney’s fees of $1,200.00; Court costs and service costs, including Warning Order Attorney fees of $425.59; and Master Commissioner, Advertising, Appraisers, Judicial Sale Administrative and additional fees and costs herein expanded.

(3) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.006443 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.006443 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.006443 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.006443 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.006443 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.006443 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Angela Lomuscio, together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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 less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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.  II

CIVIL ACTION NO. 11-CI-00978

PILGRIM ENERGY, INC., PLAINTIFF, VS. WILLIAM G. LOMUSCIO; and TAXCO, LLC, 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, William G. Lomuscio, plus costs, is as follows:

(1) $38.94 being Pilgrim’s acquisition cost of the 2006 tax bill made the basis of this suit, plus $14.80, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $38.94; and 

(2) $45.01 being Pilgrim’s acquisition cost of the 2008 tax bill made the basis of this suit, plus $15.30, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on August 25, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $25.00; and actual and reasonable attorney’s fees of $1,200.00; Court costs and service costs, including Warning Order Attorney fees of $425.59; and Master Commissioner, Advertising, Appraisers, Judicial Sale Administrative and additional fees and costs herein expanded.

(3) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.006443 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.006443 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.006443 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.006443 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.006443 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.006443 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by William G. Lomuscio, together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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 less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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.  II

CIVIL ACTION NO. 11-CI-00979

PILGRIM ENERGY, INC., PLAINTIFF, VS. NICHOLAS LOMUSCIO; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; and TAXCO, LLC, 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Nicholas Lomuscio, plus costs, is as follows:

(1) $68.53 being Pilgrim’s acquisition cost of the 2000 tax bill made the basis of this suit, plus $26.04, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $42.96; and 

(2) $60.00 being Pilgrim’s acquisition cost of the 2002 tax bill made the basis of this suit, plus $22.80, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $42.96;

(3) $85.92 being Pilgrim’s acquisition cost of the 2006 tax bill made the basis of this suit, plus $32.65, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $42.96; and

(4) $108.06 being Pilgrim’s acquisition cost of the 2008 tax bill made the basis of this suit, plus $36.74, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on August 25, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $30.00; and actual and reasonable attorney’s fees of $1,200.00; Court costs and service costs, including Warning Order Attorney fees of $447.84; and Master Commissioner, Advertising, Appraisers, Judicial Sale Administrative and additional fees and costs herein expanded.

(5) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.025762 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.025762 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.025762 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.025762 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.025762 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.025762 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.025762 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Nicholas Lomuscio, together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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 less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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.  II

CIVIL ACTION NO. 11-CI-00980

PILGRIM ENERGY, INC., PLAINTIFF, VS. JOSEPH LOMUSCIO; WILLIAM GROOME; COMMONWEALTH  OF KENTUCKY, COUNTY OF WHITLEY; and TAXCO, LLC, 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 Tuesday, October 16, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Joseph Lomuscio, plus costs, is as follows:

(1) $65.67 being Pilgrim’s acquisition cost of the 2002 tax bill made the basis of this suit, plus $24.95, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $65.67; and 

(2) $101.64 being Pilgrim’s acquisition cost of the 2006 tax bill made the basis of this suit, plus $38.62, twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $100.00, and a pre-litigation attorney fees of $86.79; actual and reasonable attorney’s fees of $1,200.00; Court costs and service costs, including Warning Order Attorney fees of $446.19; and Master Commissioner, Advertising, Appraisers, Judicial Sale Administrative and additional fees and costs herein expanded.

(3) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0322265 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0322265 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.0322265 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0322265 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0322265 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0322265 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0322265 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Joseph Lomuscio, together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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 less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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, and leases of record;

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

c. Any facts which an inspection and accurate survey or inspection 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

 

LEGAL NOTICE

In accordance with Chapter 65 and 424 of the Kentucky Revised Statutes, the following information and supporting data may be inspected by the general public at the Whitley County Cooperative Extension Service office, 4275 N. Highway 25W, Williamsburg, Kentucky, on Friday, October 12, 2012, between the hours of 8 A.M. and 4:30 P.M.

Whitley County Extension District Board

Board Members: Name, Address

Chairman, Carson Payne, 100 Kensee Hollow Rd., Williamsburg, KY 40769-9425

Vice Chairman, Gerald Hart, 6550 Cumberland Falls Hwy., Corbin, KY 40701-8676

Secretary, Bessie Siler, 324 Louden Meadow Creek Rd., Rockholds, KY 40759-9749

Treasurer, Virginia Bird-Englert, 617 Watts Creek Rd., Williamsburg, KY 40769-7209

Silas Prewitt, Jr., 2445 Prewitt Bend Rd., Williamsburg, KY 40769-8724

Ed Farmer, 1131 Old Corbin Pike Rd., Williamsburg, KY 40769-2804

Janis Durham, 330 Browns Creek Rd., Williamsburg, KY 40769-7362

County Judge Executive Pat White, Jr., P.O. Box 237, Williamsburg, KY 40769-0237

SUMMARY FINANCIAL STATEMENT

For Fiscal Period July 1, 2011, to June 30, 2012

Revenues

Taxes (all categories) $ 841,812

Charges for Services 0

Other Revenues 4,983

Interest Earned 1,219

Receipts and Cash

Carryover from Prior Fiscal Year 1,056,168

Bonded Debt 0

Transfers to Other Funds (0)

Transfers from Other Funds 0

Borrowed Money (Notes) 0

Receipts, Cash & Revenues Total 1,904,182

Expenditures

Personnel 250,490

Operations 457,188

Administration 39,318

Capital Outlay 1,157,186

Debt Service 0

Total Appropriations   $ 1,904,182

 

I, the undersigned, Treasurer of the Whitley County District Cooperative Extension Education Fund, herby certify that the above is a true and correct record of the accounts of the Whitley County Cooperative Extension District Education Fund, Williamsburg, Kentucky, as of September 21, 2012.

Virginia Englert, Treasurer

Whitley County Cooperative Extension District Education Fund

Subscribed and sworn to before me by the foregoing Affiant, Virginia Bird-Englert, this 22nd day of September, 2012. My commission expires: 07/21/14, Charolette A. Parks, Notary Public, State of Kentucky at large.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 11-CI-996

DIVISION II

L & N FEDERAL CREDIT UNION, PLAINTIFF  vs. JOHN T. SIMCIK and AMY S. SIMCIK, husband and wife; and BANK OF AMERICA, National Association, DEFENDANTS

NOTICE OF SPECIAL MASTER COMMISSIONER’S SALE

Pursuant to the In Rem Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 2012, I, Brandon W. Baird, Special Master Commissioner for the Whitley Circuit Court shall offer for sale at the front door of the Whitley County Judicial Center in Williamsburg, Kentucky, at public auction on October 23, 2012, at 3:30 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the defendants plus costs is as follows:

1. The principal sum in the amount of $83,848.48 plus interest, advancements for the protection of the property, including taxes and insurance, attorney fees, and costs.

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

A certain tract or parcel of land lying in the community of Corbin, Whitley County, Kentucky, and being a portion of the same tract of land conveyed to Arnie Lewis, Jr. (et. ux.) by deed dated November 29th, 2005 and recorded in Deed Book 465, at page 684, records of the Whitley County Court Clerk’s office and more particularly described as follows:

Beginning on set iron pin and cap in the eastern edge of a 20’ wide private drive, said pin also being located N 34-22-52 W 557.63 feet from the southeast corner of the parent tract and the intersection of KY Highway 25W, said pin also being a corner common to Tract 1 of this division, thence leaving Tract 1 and with the eastern edge of said private drive N 39-54-00 E 134.98 feet to a set iron pin and cap, thence leaving said drive and with 2 new division lines S 46-55-36 E 14977 feet to a set iron pin and cap, thence S 31-50-25 W 134.49 feet to a set iron pin and cap, a corner common to tract 1, thence with line common to tract 1 N 47-53-53 W 168.52 feet to the point of beginning, containing 0.49 acres by survey conducted March 22, 2006, by Richard A. 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 ½” by 18” iron pin with orange plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the magnetic meridian as obtained in the field on March 22, 2006 by taking random sight and turning angles therefrom.  There is reserved an easement for utilities which shall require a two (2) foot easement running along the back side of the lot.

BEING ALL THE SAME LAND acquired by John T. Simcik and Amy S. Simcik, husband and wife, by deed of conveyance from Arnie Lewis, Jr. and Robin Lewis, husband and wife, dated March 31, 2006 and recorded in Deed Book 468, at page 216, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

TERMS OF SALE

1. The real property is not susceptible to division without materially impairing its value or the value of Plaintiff’s lien thereon, and that said real property shall be sold as whole to the highest and best bidder in satisfaction of plaintiff’s debt.

2. On the date of the sale, the purchaser shall either pay cash or pay down 10% of the purchase price and produce good surety satisfactory to the Special Master Commissioner to secure the unpaid portion of the purchase price, with the bond to bear interest at a rate of 12% per annum from the date of sale until paid, but must be paid in full within sixty (60) days. In the event the Plaintiff or its representative is the purchaser, for a sum less than its Judgment, then, it shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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, confirmation of the sale, and delivery of deed.

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

a. ad valorem property taxes for the year 2012 and all subsequent years;

b. easements, restrictions and stipulations of record;

c. assessments for public improvements levied against the following real estate, if any;

d. existing zoning ordinances, statutes, laws or regulations; and

e.  any facts which an inspection and accurate survey of the above described real estate may disclose.

5. 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.

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

7. The Special Master Commissioner, the Court, and the Plaintiff shall not be deemed to warrant title of the real estate to the successful purchaser.

BRANDON W. BAIRD

SPECIAL MASTER COMMISSIONER

P.O. Box 97

Whitley City, Ky 42653

Phone: 606-376-4529

Fax: 606-376-1860

Email: bairdlawoffice@gmail.com