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Legal Notices for 10/10/12, page 4


 

 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

 

 

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