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Legal Notices for 10/31/12, page 1


 

 PUBLIC NOTICE 

The regular meetings for the Budget/Solid Waste Committee meetings has been change to the Second Wednesday of each month beginning at 1:00 PM in the Fiscal Court Room located on the second floor of the courthouse.  These meetings are open to the public.


SECTION 106 PUBLIC NOTICE

The Whitley County Board of Education is proposing to construct a broadcast tower located at 350 Boulevard of Champions, in Williamsburg, Whitley County, KY at Latitude N36-46-50.2, Longitude W84-09-35.6. The tower is proposed to be a guyed-wire design and 120’ tall. The Whitley County Board of Education seeks comments from all interested persons on the impact of the tower on any districts, sites, buildings, structures, or objects significant in American history, architecture, archaeology, engineering, or culture, that are listed or eligible for listing in the National Register of Historic Places.  Specific information about the project, including the historic preservation reviews that the Whitley County Board of Education is conducting pursuant to the rules of the Federal Communications Commission (47 C.F.R. Sections 1.1307(4)) and the Advisory Council on Historic Preservation (36 C.F.R. Part 800) will be made available to interested persons who request the information from the contact below. All questions, comments, and correspondence should be directed to Virginia Janssen, Principal Archaeologist, Dynamic Environmental Associates, Inc., 3850 Lake Street, Suite C, Macon, GA 31204, Sec106@DynamicEnvironmen
tal.com by 11/23/2012. Re: 21210010

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-0528

In accordance with KRS 350.055, notice is hereby given that Mountainside Coal Co., Inc.; 7692 South Hwy. 25W; Williamsburg, Kentucky 40769 has applied for a permit for a surface coal mining and reclamation operation affecting 402.8 acres located 1.7 miles northwest of the Community of Permon in Knox and Whitley Counties, Kentucky.

The proposed operation is approximately 1.6 miles northeast from HWY 1418’s junction with HWY 511 and located approximately 0.4 miles north of Cotton Creek. The Latitude is 36o48’52”N. The Longitude is 84o00’53”W.

The proposed operation is located on the Barbourville & Rockholds U.S.G.S. 7½ minute quadrangle maps. The operation will use the Contour and Auger methods of mining.

The surface area is owned by Robert Brown & Kathy Brown, Jack & Sue Clark, Tommy Gambrel, Hubert Grant & Arnold David Grant, Ray & Geneva Hill, Venda S. Hill, Anthony Hubbs, Joseph Hubbs & Christopher Hubbs, David Logan & Tim Logan, Randy D. Mackey, Norma Lene Foley & Arthur Foley, Kenneth Mackey, David & Brenda Monhollen, Ola & Julie Miller, David Rose, Jack & Sadie Smith, and Blair Farms, L.L.C.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro, Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

COMMONWEALTH OF KENTUCKY

34th JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT

CIVIL ACTION NO.  08-CI-00988

DIVISION II

AG/GRO FERTILIZER COMPANY, INC., PLAINTIFF vs. EVERETT BARGO; MARTHA BARGO; EVERETT BARGO d/b/a BARGO & SON FARM MART; ET ALS., DEFENDANTS

NOTICE OF SPECIAL MASTER COMMISSIONER’S SALE

Pursuant to the Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 2012, and the Amended Findings of Fact, Conclusions of Law, Judgment and Order of Sale, entered by the Whitley Circuit Court on October 18, 2012,1, 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 November 19, 2012, at 3:30 p.m., or thereabout, the real property described in this Notice.

The Judgment against the defendants plus costs is as follows:

1. The principal sum in the amount of $22,607.43 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 of land lying and being in Whitley County, Kentucky, and described as follows:

Beginning on a white oak a corner of Croley and Lawson and in the edge of Wolf Creek Road; thence with Lawson’s line N. 85 W. 38 poles to a stone; thence with same line N. 54 W. 27 1/2 poles to a stone, a corner in the edge of the road; thence S. 22 E. 68 poles to a double sycamore on the bank of Wolf Creek; thence crossing the creek S. 54 E. 2 poles to a beech; thence N. 57 E. 4 poles to a poplar and hor beam at Sam Beams corner; thence 76-64 W. 4 poles crossing the creek to a double sycamore on the north side of the creek; thence with Sam Beams line N. 40 E. 4 poles; thence same N. 81 E. 16 poles; thence N. 83 E. 6 poles; thence N. 89 E. 12 poles to a stake at the mouth of a ditch on the bank of the creek; thence S. 27 E. 38 poles and 13 links to the state Road; thence with said road to the Wolf Creek road to a white oak the beginning corner.

Being the same property conveyed to Everett Bargo by deed from Sidney Bargo, Jr., unmarried, dated February 24, 1973, and recorded in Deed Book 243, Page(s) 463, Whitley County Clerk’s Office, containing 22 acres, more or less.

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.

Dated this 26th day of October 2012.

Plaintiff’s Attorney: Hon. Kim Frost Wilson, P.O. Box 72, Williamsburg, KY 40769.

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 12-CI-00286

Bank of America, N.A., PLAINTIFF, VS. Mary E. Chambers as Administrator of the Estate of Julia A. Barton; Mary E. Chambers as Heir to the Estate of Julia A. Barton; Robert Barton as Heir to the Estate of Julia A. Barton; Matthew Barton as Heir to the Estate of Julia A. Barton, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 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 Monday, November 19, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Mary E. Chambers as Administrator of the Estate of Julia A. Barton; Mary E. Chambers as Heir to the Estate of Julia A. Barton; Robert Barton as Heir to the Estate of Julia A. Barton; Matthew Barton as Heir to the Estate of Julia A. Barton, plus costs is as follows:

(1) The principal sum in the amount of $67,637.02, plus interest on the principal sum at the rate of 6% per annum from April 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.

The property to be sold is located in Whitley County, Kentucky:

Property Address: 606 Old Corbin Pike Drive, Williamsburg, KY 40769

Beginning on a stake at the edge of James Crisp’s driveway and edge of the road leading to the Old King Tipple; thence N 75° 13’ E 124.6 feet with James Crisp’s line to a stake corner of Bradley Williams; thence N 1° 30’ E 137.2 feet with Bradley Williams’ line to a stake corner of Thurston Williams; thence N 81° 32’ W 181.0 feet with Thurston Williams’ line to a stake 8.5 feet from the edge of the blacktop on State Road KY 856; thence S 18° 17’ W 106.8 feet along the State Road to a stake one foot South of a power pole at the edge of the Old King Tipple Road; thence S 43° 04’ E 129.6 feet along the Old King Tipple Road to the beginning.

Being the same property conveyed to Julia A. Barton who acquired title by virtue of a deed from Robert Barton, a single person, dated August 15, 1984, filed November 3, 2004, recorded in Deed Book 456, Page 641, County Clerk’s Office, Whitley County, Kentucky

Parcel Number: 110-40-00-035.00

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 30th day of October, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 12-CI-00330

JPMorgan Chase Bank, National Association, PLAINTIFF, VS. Robert C. Wright; Dorothy Anne Wright; Union Planters Bank, National Association nka Regions Bank; National City Bank nka PNC Bank, National Association, DEFENDANTS. 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 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 Monday, November 19, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Robert C. Wright and Dorothy Anne Wright; plus costs is as follows:

(1) The principal sum in the amount of $80,821.32, plus interest on the principal sum at the rate of 7.5% per annum from July 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.

The property to be sold is located in Whitley County, Kentucky:

Property Address: 110 Grindstone Lane, Williamsburg, Kentucky 40769

Parcel Number: 089-00-00-050.00.

Beginning at an iron post in the North 15 foot right-of-way of Oak Lane, corner to Lot No. 13; thence with said right-of-way S 58 degrees 29’ 46” W., 84.73 feet to an iron post, corner to said right-of-way; thence with said right-of-way S 31 degrees 30’ 14” E., 15.00 feet to an iron post, corner to Lot No. 8; thence with line of said lot S 58 degrees 29’ 46” W., 62.00 feet to an iron post, corner to said lot; thence with line of said lot S 31 degrees 30’ 14” E., 15.00 feet to an iron post, corner to Lots No. 7 and 8; thence with line of Lot No. 7 S 58 degrees 29’ 46” W., 87.73 feet to an iron post, corner to said lot and in the Kelly Heirs line; thence with Kelly Heirs line and a wire fence 5 calls; N 20 degrees 56’ 41” W., 80.23 feet to a fence post; N 11 degrees 36” 38” W., 81.89 feet to a fence post; N 13 degrees 32’ 14” E., 60.15 feet to a fence post; N 20 degrees 03’ 34” E., 89.01 feet to a fence post; and N 34 degrees 29’ 58” E., 11.92 feet to an iron post, corner to Lot No. 13; thence with line of said lot S 48 degrees 14’ 26” E., 238.65 feet to the

Beginning, the lot containing 0.835 acres.

All bearings and distances being based on Magnetic North by dated 12/24/1985.

Restrictions:

1. This is strictly a residential section and neither commercial industrial establishments are permitted.

2. No mobile homes or house trailers shall be placed on any lot.

3. Any outbuilding constricted must be finished on all sides -- painted, stained, bricked, or aluminum siding, preferably to match the residence in style and quality.

4. Any fence constructed must be wood or chain-link and must be maintained. No barbed wire or woven, farm type wife, is permitted.

5. At no time will junk or discarded vehicles be permitted.

6. No livestock or farm animals permitted on lot.

7. Any residence shall have a minimum finished living space of 1200 square feet, exclusive of porches, carports, garage or basement.

8. No part of any residence building, wall or attached carport or garage shall be closer than 5 foot from the adjoining side property line.

9. Satellite dishes will be placed behind residence.

Being the same property conveyed to Robert C. Wright and wife, Dorothy Anne Wright who acquired title, with rights of survivorship, by virtue of a deed from Vernon Reynolds and wife, Debbie Reynolds, dated March 28, 2002, filed April 1, 2002, recorded in Deed Book D434, Page 80, 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 30th day of October, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 12-CI-00399

U.S. Bank, National Association, as Successor Trustee to Bank of America, N.A. as Successor by Merger to LaSalle Bank, N.A. As Trustee for the Certificateholders of the MLM I Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-SD1, PLAINTIFF, VS. Shonda Clark; and Kenneth Clark, DEFENDANTS. #video_holder { margin-top:0px; } #toppanel { top:-20px} .tab {clear:both;float:right;} #content-wrap { top:10px; }