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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.

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, Shonda Clark and Kenneth Clark, plus costs is as follows:

(1) The principal sum in the amount of $67,988.17, plus interest on the principal sum at the rate of 2.274% per annum from August , 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.

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

Property Address: 507 Walnut Avenue, Corbin, KY 40701

Parcel Number: 137-41-10-016.00

Beginning at corner of Lot. No.4 on Walnut Street, running with said street S. 72 feet, more or less, to a corner of Lot No. 5 and 6; thence with line of Lot No. 6 East 145 feet to an alley; thence N. 72 feet, more or less, to a corner of Lot  No. 4 and 5; thence with line on Lot No. 4 West 145 feet to Walnut Street at the beginning, being Lot No. 5 in the Hawkins Addition to the City of Corbin, in Block No. 78, situated on the East Side of Walnut Street.

Being the same property conveyed to Shonda Clark and Kenneth Clark, wife and husband who acquired title, with rights of survivorship, by virtue of a deed from Melvin Hill and his wife Barbar Hill and Adam Hill and his wife Amanda Hill, dated March 8, 2005, filed March 10, 2005, recorded in Deed Book 459, Page 511, 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. 11-CI-700

U.S. Bank National Association, as Successor Trustee to Bank of America, N.A., as successor to LaSalle Bank, N.A., as Trustee for the Holders of the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2, Plaintiff, VS. James P. Farmer; Felicia Farmer; Unknown Defendant, Spouse of Scottie C. Rice on August 20, 2004; Unknown Defendant, Spouse of Norma M. Rice on August 20, 2004,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, and a subsequent Order entered of record 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 Defendant, James P. Farmer Brain, plus costs, is as follows:

(1) The principal sum in the amount of $653,137.37, plus interest from 01/1/11 – 12/27/11 in the amount of $6,628.01, plus Advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $5,773.02, plus late charges in the amount of $60.10, plus Credits $(349.17), for a total in the amount of $77,249.33, together with interest at the rate of 10.3000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 831 West 5th Street, Corbin, KY 40701.

Beginning at an iron pin on the north side of sidewalk in right of way line of Fifth Street; thence with the north side of sidewalk N 87 degrees 20 minutes W 50 feet to an iron pin in the right of way line of Fifth Street and Mitchell Street; thence with the right of way line of Mitchell Street N 2 degrees 40 minutes E 136.20 feet to an iron pin in the right of way line of Mitchell Street and a 12 foot alley; thence with the south right of way line of a 12 foot alley S 88 degrees 12 minutes E 53 feet to an iron pin in the northwest corner of the Billy Ray property; thence with the Ingram property S 3 degrees 55 minutes W 137.05 feet to the beginning corner.

 

Being the same property conveyed to James P. Farmer and Felicia Farmer, husband and wife, from Mark Ivey, single, by deed dated December 6, 2006 and recorded on December 8, 2006 in Deed Book 473, Page 690, Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of

sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for 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 II

CIVIL ACTION NO.  12-CI-00017

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. ALECIA B. ROSE (in rem); BRYAN A. ROSE; UNKNOWN SPOUSE OF ALECIA B. ROSE (in rem); MID SOUTH CAPITAL PARTNERS, LP; NCO PORTFOLIO MANAGEMENT, INC.; and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on September 17, 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 in rem judgment against the Defendant, Alecia B. Rose, plus costs, is as follows:

(1) The principal sum of $107,038.73, together with interest at the rate of 9.72% per annum from February 22, 2012, until entry of Judgment and thereafter at the judgment rate of 12.00% per annum, until paid in full, plus costs herein, and any sums expended by Plaintiff for insurance, ad valorem taxes and for preservation of real estate until date of sale, plus Attorney’s fees (KRS 411.195).

(2) There is a 2010 Clayton manufactured home, VIN CLR026414TNAB, which shall be sold as part of the real estate in satisfaction of this judgment, which has been converted to real estate and is permanently attached to the real property.

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

Said property address is: 831 Ellison Bend Road, Williamsburg, Kentucky 40769.

Situate in Whitley County, Kentucky:

BEGINNING at a stone on the west bank of the Clear Fork River, a corner common with Benjamin L. Thomas and Becky L. Thomas, the grantor Vicy B. Rose; thence running with Benjamin L. Thomas the James Alfred Sharp and wife Verenda Lawson Sharp in a westerly direction to a point common with Grantor, Joe Foley, and James and Verenda Sharp; thence running with the Grantor’s line in a northerly direction for a distance of 225’; thence in an easterly direction to the Grantor’s line along the Clear Fork River; thence downstream along the Clear Fork River following Grantor’s line to the point of beginning containing approximately 3.6 acres more or less. There is an easement to the property from Vicy B. Rose to Alecia B. Rose recorded in Misc. Book 155, Page 181, at the Whitley County Clerk’s Office.

BEING the same property conveyed to Alecia B. Rose from Gary Taylor and Linda Taylor, his wife, by Deed dated July 17, 2009, of record in Deed Book 491, Page 99, in the Office of the Whitley County Court Clerk.

Map #133-00-00-021.01

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 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. II

CIVIL ACTION NO. 12-CI-00215

FORCHT BANK, NA, PLAINTIFF, VS. KEVIN LAWSON, a/k/a KEVIN D. LAWSON, a/k/a KEVIN DALE LAWSON; and his wife, PAMELA LAWSON; MIDLAND FUNDING LLC; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 19, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kevin Lawson (In Rem), and Pamela Lawson (Personal), plus costs, is as follows:

(1) The sum in the amount of $67, 374.874 plus interest at the rate of 6% per annum ($10-839512 per day) from March 13, 2012 until the date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.  

PROPERTY ADDRESS: 2270 Dal Road, Williamsburg, KY 40769

The property located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING at the county road with a sweet gum and iron pen, thence South 250’; thence East 210’ to an iron stake, thence North 250’ to an iron stake at the County road, thence with the county road West 210’ to the BEGINNING.

ALSO:  A driveway from the County Road to the dwelling house.

BEING THE SAME PROPERTY acquired by Kevin Lawson, by deed dated October 13, 1988, from Perry Lawson and his wife, Audra Lawson, and recorded in Deed Book 330, Page 305, 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 court 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 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-00425

JOAN ANGEL and her husband, EDWARD ANGEL, PLAINTIFF, VS. JOY BROCK and her husband, ROBERT BROCK; SANDRA KAY PREWITT, single; and VINLAND ENERGY, LLC,  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 Plaintiff, Joan Angel, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Edward Angle, has a spousal dower interest in said real property.

That Joy Brock, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Robert Brock, has a spousal dower interest in said real property.

That Sandra Kay Prewitt, single, is adjudged to have a one-third (1/3) undivided interest in the below described real property.

That the Defendant, Vinland Energy, LLC, assignee from Huntington Energy Corporation, has a Right-of-Way Easement across the subject real estate dated May 23, 1990, which Right-Of-Way easement shall be recognized and shall have its due priority in regards to any sell of the property and any purchaser of the real estate shall be subordinate to the Right-Of-Way Easement.

PROPERTY ADDRESS: 175 Incline Road, Corbin, KY 40701

BEGINNING on a black gum and maple, a corner in S. R. Lawson land; thence with said Lawson’s line near a south course to a dogwood; thence S. 67 W. with Ab Trivillian’s line to four dogwoods and a pine; thence S. 5½ W. 82 poles to a pine in the South line of the H. B. Barton land; thence N. 77 E with said line 74 poles to a pine and black oak; thence N. 62 E 34 poles to the BEGINNING.

There is excepted out of the above boundary about 5 A. more or less to Earl Mobley, and also a tract to Ollie Mobley about 2 A. more or less.

There is excepted from the above description certain tract conveyed to Buford Watson and Jennifer Watson, by Deed dated December 22, 1977, recorded in Deed Book 272, page 333 of the Whitley County Court Clerk’s Office.

BEING THE SAME PROPERTY CONVEYED to Joan Angel, Joy Brock, and Jeffery Prewitt, by Deed of Correction dated May 30, 1995, from Earnie B. Prewitt and his wife, Edith Prewitt, and recorded in Deed Book 379, Page 258 of the Whitley County Clerk’s Office.

There is a Right-of-Way Easement dated May 23, 1990, between Huntington Energy Corporation and Ernie and Edith Prewitt of Route 2, Box l5lA, Corbin, Kentucky 40701, for a consideration of Two Thousand Dollars, ($2,000.0Q) which states as follows:

The purpose of this right of way is to connect the R. L. Owens well to the Molly Phelps well. This right of way is to be fifteen feet (15’) in width and will contain a three inch (3”) plastic natural gas line and one metal drip. Mr. Prewitt, at his discretion, may lay a water line in this ditch. This easement will be in effect for as long as gas is transported through this line. At any time this line is inactive for six consecutive months, it will revert to Mr. Prewitt. 

Huntington Energy Corporation will provide two taps for Mr. Prewitt and J. R. and Jennifer Watson of Route 2, Box 151D-l, Corbin, Kentucky 40701. The above mentioned property owners will be responsible for all hookups, meters and connections.

Huntington Energy Corporation agrees to sell Mr. Prewitt and Mr. Watson natural gas, as long as it is available, for one-half the residential price per mcf for natural gas that Delta Natural Gas sells in Corbin. Any additional homes on to the Prewitt property can be tapped to one of the original taps. If for some reason the R. L. Owens well is dry, the Prewitt’s and Watson’s may substitute the Owens gas by using the Molly Phelps gas.

This easement is for a pipeline and drip only and does not have provisions for any dehydrators, compressors, or any other mechanical devices.

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 court 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 Kentucky ad valorem taxes for the year 2012, and 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 30th day of October, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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