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Legal Notices for 11/28/12, page 4



COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-01017

Bank of America, N.A. successor by merger to BAC Homes Loans Servicing, LP, Plaintiff, VS. Marlene E. Shealy, Administratrix of the Estate of Donald R. Ellison; Marcella W. Shepherd; Gary Ellison; Donna E. West; Unknown Defendants, who are the heirs and/or devisees and/or legatees of Donald R. Ellison; Unknown Defendants, who may have or claim an interest in the property which is the subject matter of this action, through Donald R. Ellison; Unknown Spouse, if any, of Donald R. Ellison; Unknown Spouse, if any, of Donna E. West;

Unknown Spouse, if any, of Marcella E. Shepherd; Unknown Spouse, if any, of Gary W. Ellison; Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, F.S.B.; County of Whitley; City of Williamsburg; Williamsburg Independent School District, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 16, 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, December 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Donald R. Ellison, plus costs, is as follows:

(1) The sum of $109,131.28, plus interest at the rate of 6.37500 percent per annum from August 1, 2010, together with amounts for late fees and assessments, advancements for the protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees.

The said real property is located in Whitley County, Kentucky, to wit:

The Property address is 417 Green Street, Williamsburg, KY 40769

A CERTAIN TRACT OR PACER OF LAND LYING IN WHITLEY COUNTY, KENTUCKY, ON THE SOUTH SIDE OF GREEN STREET IN WILLIAMSBURG, AND BEING ALL THE SAME LAND CONVEYED TO THE FIRST PARTY, BY DONALD REID, A SINGLE PERSON BY DEED BEARING THE DATE NOVEMBER 11, 1986, WHICH IS DULY RECORDED IN DEED BOOK 317, PAGE 493-494 WHITLEY COUNTY COURT CLERK’S OFFICE CONTAING ONE IMPROVED LOT AND BOUNDED AND DESCRIBED AS FOLLOWS:

ONE HOUSE AND LOT SITUATED IN THE DENHAM ADDITION TO THE CITY OF WILLIAMSBURG, KENTUCKY AND KNOWN AND DESCRIBED ON THE MAP OF SAID ADDITION DRAWN BY CHARLES D. MOSS, CIVIL ENGINEER, AS LOT NO. 40, SAID LOT BEING 66 FEET WID AND 130 FEET LONG, AND MORE FULLY DESCRIBED IN MAP BOOK 1, PAGE 236, WHITLEY COUNTY COURT CLERK’S OFFICE.

Being the same property conveyed to Donald R. Ellison, from Lucille E. Aasa, single, by Deed dated 12/29/2005, recorded 01/04/1996, Deed Book 383, page 100, Whitley County Clerk’s Records.

 

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 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 ofredemption 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 27th day of November, 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-142

JPMorgan Chase Bank, National Association, Plaintiff, VS. Jenny Dawn Wells aka Jenny D. Wells, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 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, December 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Jenny Dawn Wells aka Jenny D. Wells, plus costs, is as follows:

(1) The principal sum in the amount of $93,883.21, plus interest from 03/1/11, in the amount of $5,867.70, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,254.87, plus property inspection fees in the amount of $56.00, plus property preservation in the amount of $28.00, plus late charges in the amount of $76.55, plus suspense in the amount of ($21.32), for a total in the amount of $101,145.01, together with interest at the rate of 5.0000 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: 8150 Cumberland Falls Highway, Corbin, KY 40701.

A certain tract or parcel of land lying in Whitley County, Kentucky on the waters of Dunkins Branch on the west side of Highway 25, W about (9) nine miles from Corbin, Kentucky, and bounded as follows viz:

Beginning at a point a set stone a corner of Hagan Barnett thence North with Highway 25 W 19 poles and 2/1/2 feet to a stone; thence N 55 W 18 poles to a stone in Hagan Barnett’s line; thence Barnet’s line 24 poles and 3 feet back to the beginning.

Being the same property Jenny Dawn Wells, a single person, obtained title to by deed dated 04/03/08, executed by Roy Monhollen and wife, Opal Caskey Monhollen, of record in DB 482, at Page 768, in the Whitley County Clerk’s Office. Being the same property Roy Monhollen and wife, Opal Caskey Monhollen, obtained title to by deed dated 12/06/02, executed by Roy Monhollen of record in DB 440, at Pg. 216, in the 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 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 27th day of November, 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-299

Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Nancy Barnhill; The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate holders of CWABS Inc., Asset-Backed Certificates, Series 2006-SPS2; County of Whitley, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 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, December 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Nancy Barnhill, plus costs, is as follows:

(1) The principal sum in the amount of $39,640.99, plus interest from 11/1/11, in the amount of $1,393.96, plus late charges in the amount of $27.82, plus advances total in the amount of $15.00, for a total (excluding attorney fees) in the amount of $41,077.77, together with interest at the rate of 6.5000 percent per annum ($7.06 per diem) 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: 334 Red Witt Road, Emlyn, KY 40730.

Tract 1

Being about 1 mile on southeast side of Highway 25W and on southeast side of L&N railroad from Emlyn, Kentucky, and described as follows:

Beginning at a stake (old stone corner of Lee Caddell property); thence N 31 degrees 2’ W 125’ to a stake; thence S 35 degrees 31’ W 125’ to a stake; thence a 32 degrees 34’ E 129’ to a stake at edge of road; thence N 35 degrees 43’ a 100’ with road to a stake and old stone corner of Lee Caddell property; thence N 14 degrees 55’ 27’ to the BEGINNING.

Being all the same property conveyed to Lee Barnhill and wife Nancy Barnhill from Bank of Williamsburg and Shirley Bray and Freelander Financial Services of Kentucky and Whitley County, by Larry Conley, Master Commissioner on October 10, 1989 in Deed Book 336 Page 545-547 in Whitley County Court Clerk’s Office.

Tract II

A certain tract or parcel of land lying and being at Emlyn, in Whitley County, Kentucky, on the Clear Fork River, a tributary to the Cumberland River, and being a part of the same land conveyed to Bobby T. Carter and wife, June Carter, and Laurel Carter (now Laurel Carter Killon), by Deed from Edgar Bryant and wife, Betty Bryant, and recorded in Deed Book 377, Pages 379-382, and by deed from Laurel Carter Killon and husband, Nimrod Killon, dated May 5, 2000, and recorded in Deed Book 322, Pages 324, Whitley County Court Clerk’s Office, and containing 0.16 acres of land, more or less, and bounded and described as follows:

BEGINNING at a 2” open top of iron pipe, a corner of a tract of land owned by Lee Barnhill (Deed Book 336, Page 545 records of Whitley County) and Glenn Capps (Deed Book 389, Page 481, records of Whitley County) and also a corner of Bobby Carter, (Deed Book 377, Page 379, records of Whitley County), said point being a corner of parent tract; thence N 47 degrees 41’ 22” W, 135.23 feet to a ½”X 18” rebar with plastic cap stamped 1971 set as a corner of this parcel and Bobby Carter; thence with Bobby Carter, S 40 degrees 44’ 56” W to a 1/2 “ X 18” rebar with plastic cap stamped 1971 set in the edge of a 60 feet right-of-way into the remaining land of Bobby Carter; thence with the said right-of-way, S 67 degrees 42’ 00” E, 31.71 feet to a ½” X most northwesterly line of Lee Barnhill’s formerly mentioned tract N 35 degrees 44’ 52” E to a ½ X 18” rebar found in the corner of the aforementioned tract; thence S 68 degrees 01’ 06” E, 120.56 feet to the beginning.  Based on a field survey traverse performed by Claude Cox on May 26, 1999 and extra points to this land set in December 1999.

EXCEPTION:  There is excepted from this conveyance and not conveyed herein a ten foot wide (10.0’) strip of land for a right-of-way along the existing road to be used by Grantors for any purpose whatsoever including but not limited to ingress to and egress from the property of Grantors.

Being the same property conveyed to Lee Barnhill and wife Nancy Barnhill from Bobby T. Carter and wife June Carter on May 5, 2000 in Deed Book 419 page 71 in the Whitley County Court Clerk’s Office.

Rosen Lee Barnhill died on June 5, 2011.  Upon his death, all right, title and interest in the subject property became vested in Nancy Barnhill.

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 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 27th day of November, 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-00490

FORCHT BANK, NA, PLAINTIFF, VS. RONALD L. MILLER, JR., single; 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 November 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, December 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Ronald L. Miller, Jr., plus costs, is as follows:

(1) Pursuant to Count I of the Plaintiff’s Complaint: The sum in the amount of $117,626.05, as of July 9, 2012, plus interest thereon at the rate of 6.29% per annum ($20.050333 per day) until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

(2) Pursuant to Count II of the Plaintiff’s Complaint: The sum in the amount of $9,975.99 as of July 9, 2012 plus interest thereon at the rate of 5.75% per annum ($1.566775 per day) until date of judgment and thereafter interest rate of 12% per annum until paid in full.  

PROPERTY ADDRESS: 202 Ponderosa Trail, Corbin, KY 40701.

Current Parcel Number: 084-40-01-021.00

Being Lot No. 295 of Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page No. 51, Whitley County Court Clerk’s Office, and to which map reference is hereby made for a more full and complete description of said lot.

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Book 30, Pages 445-448, Whitley County Court Clerk’s Office; and

BEING THE SAME PROPERTY conveyed to Ronald Miller, Jr., single, by Quitclaim Deed from Katina Miller, single, dated March 31, 2010, recorded in recorded in Deed Book 495, Page 190  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 27th day of November, 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-00565

FIRST STATE FINANCIAL, INC., PLAINTIFF, VS. MICHAEL L. JOHNSON, a/k/a MICHAEL JOHNSON, a/k/a MIKE L. JOHNSON and his wife, LETICIA D. JOHNSON, a/k/a LETICIA L. JOHNSON; JAMOS FUND I, LP; CAPITAL ONE BANK; MID SOUTH CAPITAL PARTNERS, LP; COMMONWEALTH OF KENTUCKY, SMALL BUSINESS BRANCH, DIVISIONS OF COLLECTIONS, DEPARTMENT OF REVENUE; 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 November 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, December 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michael Johnson, plus costs, is as follows:

(1) Pursuant to Count I of the Plaintiff’s Complaint: The sum in the amount of $411,593.90, plus interest thereon at the rate of 7.00% per annum from August 14, 2012 until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

(2) Pursuant to Count II of the Plaintiff’s Complaint: The sum in the amount of $3,536.00 plus interest thereon at the rate of $1.45512 per day from August 16, 2012 until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

(3) There is a 2002 2002 Beac 24x48 TNFL227AB25781 0907211800006, located at 820 Hemlock Drive, Williamsburg, KY 40769, that will be sold with said Tract No 3.

(4) There is a 1999 Flee 14x60 VIN# TNFLW26A82731ST12 090721180005, located at 130 Sheila Circle, Williamsburg, KY 40769, that will be sold with said Tract No. 5.

Said real property shall be sold separately as five (5) separate tracts.

TRACT NO. 1:

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:

BEGINNING at a set corner stone with the Mayne and Leforce line; thence running northeast course 293 feet with county road to asset corner stone; thence running southeast course 285 feet straight line to a set corner stone; thence running southeast course 350 feet straight line to a set corner stone back to Mayne and Leforce line to the BEGINNING set stone.

BEING THE SAME PROPERTY conveyed to Michael L. Johnson and wife, Leticia L. Johnson by deed from First Sate Financial, Inc., dated December 15, 2006 and recorded in Deed Book 473, Page 783, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 465 Little Spruce Creek Road, Corbin, Kentucky 40701.

TRACT NO. 2:

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:

BEGINNING on an iron peg in Harry Cox line; thence NE crossing a road 20 feet to an iron peg at edge of road; thence same course NE 121 feet to an iron peg in Andy Hatfield line; thence NW with Hatfield line 126 feet to a stake, Hatfield and Paul corner; thence SW with Paul line 117 feet to Harry Cox corner; thence SE with Cox line 115 feet to the point of BEGINNING.

EXCEPTION-RESERVATION: There is reserved from the above description the present existing roadway connecting the aforesaid property with county road for purpose of ingress and egress.

BEING THE SAME PROPERTY conveyed to Michael Johnson by deed from First State Financial, Inc. (formerly Town and Country Bank) by deed dated June 14, 2005 and recorded in Deed Book 462, Page 110, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 191 Bell Young Road, Williamsburg, Kentucky 40769.

TRACT NO. 3:

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows: