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Legal Notices for 10/31/12, page 2


 

 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