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Legal Notices for 11/7/12, page 3


 

 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