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Legal Notices for 12/5/12, page 1


 

 ADVERTISEMENT FOR BID

The Whitley County Fiscal Court has declared surplus property and has the need to bid for purchase/removal of (1) one, 1987 Chevy Van, VIN# 2GBHG31K8H4146679. We are soliciting sealed bids for said purchase and removal. High bidder will have 10 business days to remove vehicle upon the awarding of the bid.

Potential bidders can view said 1987 Chevy Van, VIN# 2GBHG31K8H4 146679 at the Whitley County Detention Center during normal business hours, 9 a.m.-4 p.m., Monday through Friday.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

Whitley County reserves the right to waive any informality and may reject any and all bids. Whitley County reserves the right to award bid based upon availability, service, and in the best interest of the public safety for the citizens of the County. Whitley County is an Equal Opportunity Employer.

Bids must be sealed and mailed/brought to the Whitley County Judge Executive’s office prior to bid opening and no later than 2:00 pm, on Monday, December 17, 2012. All bids must be marked “Chevy Van”. Bids will be opened at 2:00 p.m. in the Whitley County Fiscal Court Room on Monday, December 17, 2012. The bid will be awarded at the regular scheduled meeting of the Whitley County Fiscal Court on Tuesday, December 18, 2012 at 6 p.m. in the Whitley County Fiscal Court Room.

Point of contact will be Joe Hampton, Maintenance, (606) 549-6013 or Lisa Gray, Secretary, (606)549-6000 or mgray@2geton.net

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance repealing Ordinance #96-08 relating to the prohibition of carrying concealed weapons on government property will be held 12/18/12 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge EXECUTIVE

 

COUNTY TAXPAYER’S NOTICE

The 2012 Whitley County oil & gas bills will be due and payable Dec. 1, 2012. If you do not receive your bill in the next few days, please contact the Whitley County Sheriff’s Office.  When mailing in your payment, please include your copy of the tax bill or put the bill number on your check. If you wish a paid receipt returned to you, please enclose a self-addressed, stamped envelope. The following are the collection dates:

2% Discount if paid by 12-31-12

Face Amount if paid by 1-31-13

5% Penalty if paid by 2-28-13

21% Penalty if paid after 2-28-13

All oil & gas bills will be turned over as delinquent if not paid by 5-15-13

Please make checks payable to: Whitley County Sheriff Department at P.O. Box 118, Williamsburg, KY 40769

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0447, Amendment No. 2

In accordance with KRS 350.070 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for an amendment to an existing surface coal mining and reclamation operation located 0.5 miles north of Perkins in Whitley County.  The amendment will add 34.87 acres of surface disturbance and 27.61 acres of auger area making a total area of 62.48 acres within the amended permit area.

The proposed amendment area is approximately 0.9 miles east from Maple Creek Road’s junction with Brown Creek Road.

The proposed amendment is located on the Rockholds, KY 7½ minute quadrangle map.  The operation will use the contour and auger method of surface mining.  The surface area to be disturbed by the amendment is owned by Ella Baker Heirs, Charles Paul, and Samuel McFarland.  The amendment will underlie land owned by Ella Baker Heirs, Charles Paul, and Samuel McFarland.  The operation will use the contour and auger methods of mining.

The amendment application has been filed for public inspection at the Department for Mining Reclamation and Enforcements, 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 Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-366

PHH Mortgage Corporation dba PHH Mortgage Services, Plaintiff, VS. Bobby J. Shelton; Tabatha Shelton; The Bank of New York Mellon f/k/a The Bank of  New York, as successor to JPMorgan Chase Bank, N.A. as Trustee for BEAR Stearns Asset Backed Securities Trust 2006-SD2, Asset-Backed Certificates, Series 2006-SD2; County of Whitley; City of Williamsburg, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 6, 2012, and an Amended Judgment and Order of Sale 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, December 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Bobby J. Shelton and Tabatha Shelton, plus costs, is as follows:

(1) The principal sum in the amount of $120,202.96, plus interest from 08/1/10 – 6/3/11 in the amount of $5,797.57, plus Advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,957.74, plus Bankruptcy fees in the amount of $1,400.00, plus late charges in the amount of $264.67, plus Attorney fees in the amount of $1,350.00, for a total in the amount of $131,972.94, together with interest at the rate of $18.94 per diem from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for any 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: 101 Campbell Hill Road, Williamsburg, KY 40769.

PARCEL 1:

The lots herein conveyed are numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 14 feet of the northward side of lot 11 as defined by a line at a stone in Park Drive on the East end and by a pine tree on the west end said line running parallel to southward line of lot 10.  All of the above lots are shown [on] a map of Highland Park Subdivision recorded in Map Book 2; Page 50, Whitley County Clerk’s Office.

PARCEL 2:

Tract 1: In Block E of the Highland Park Subdivision to Williamsburg, Kentucky, a map of which is of record in Map Book 2, Page 50, Whitley County Court Clerk’s Office, to which reference is made for a more complete description of the lots of land herein conveyed.

BEGINNING at a locust with double blaze 11 feet from the south corner of lot 11 on Park Drive N 108 deg. 22’ W 209 feet to a white pine and again with said line 6’ to a stake in the right of way of Highway 25W; thence south with the right of way of US 25W including the remainder of Lot 11, [and] all of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20.

Tract 2:  BEGINNING at a pine at corner of Newman Campbell and a cliff and running thence in an eastern direction up the hill to a maple near the top of the bluff; thence in a southeastern direction with the top of the cliff to a post oak, Mary Jane Carns’ corner; thence down the hill with Mary Jane Carns’ line to the line of the highway; thence in a western direction with the line of said highway to Newman Campbell’s line; thence up the hill with the line of the said Newman Campbell to the BEGINNING.

There is included herein a perpetual easement made to Helen Hamblin and husband, E. Grant Hamblin by E.N. Campbell and wife, Lucy Campbell recorded in Deed Book No. 239, Page 155, dated February 3, 1972, for the purpose of constructing and maintaining water lines, sewer mains and utility lines serving the property described above.

Being the same land conveyed to Bobby J Shelton and wife, Tabatha Shelton by deed from Ada Campbell, dated June 10, 2005; and of record in Deed Book 463, Page 44, 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 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 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. 11-CI-382

JPMorgan Chase Bank, N.A., Plaintiff, VS. Deborah Jean Fair aka Deborah Robinson; James Matthew Fair; Forcht Bank, N.A. successor By merger to Williamsburg National Bank, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 2012, and a subsequent Order entered 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, Deborah Jean Fair aka Deborah Robinson and James Matthew Fair, plus costs, is as follows:

(1) The principal sum in the amount of $61,147.46, plus interest from 06/1/09-3/15/12, in the amount of $11,519.97, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,629.34, plus property inspection fees in the amount of $42.00, plus property preservation in the amount of $2,238.18, plus late charges in the amount of $155.65, for a total in the amount of $77,732.60, together with interest at the rate of 6.750 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 $1,450.00, 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: 594 Wofford Cemetery Road, Williamsburg, KY 40769.

Lying on the waters of Watts Creek, at Wofford, Whitley County, Kentucky and being a part of the land conveyed to William H. Reynolds from W.W. Reynolds, a widower, et al by deed dated 6-5-67 in deed book 323, page 140, in the Whitley County Court Clerk’s Office and more particularly described as follows:

Beginning at a survey marker at an old fence, in the southern line of the Mary Lee Turner property (DB 233, pg 514) near the south side of an old haul road bed, said point severs grantor’s property herein; thence with the said Turner line, the said fence and the old haul road bed the following courses and distances:

N 77° 36’ 00” E 362.67 feet to a point;

Thence N 76° 29’ 22” E 330.21 feet to a survey marker;

Thence S 68° 56’ 58” E 36.27 feet to a ½” iron pipe; Thence leaving the said old haul road bed and a partial distance with the said old fence and still with the Turner line S 14° 48’ 52” E 111.30 feet to a 13” white oak at the end of an old fence, said point being the northernmost corner of the Geraldine Lane property (DB 235, pg 61); Thence with the said old fence a partial distance, with the said Lane line a partial distance and with the Delores Hayes line (DB 256, pg 375) a partial distance S 71° 35’ 28” W 555.17 feet to a survey marker on the eastern bank of the said ditch, said point being the northeastern corner of the Ernest Abbott property (DB 233, pg 585); Thence with the said Abbott line N 74° 46’ 50” W 137.77 feet to a survey marker just north of an old outdoor privy; Thence  severing the grantor’s property herein N 27° 38’ 42” W 207.11 feet to the POINT OF BEGINNING, containing 2.7342 acres.

AND:

Lying on the waters of Watts Creek at Wofford, Whitley County, Kentucky and being a part of the land conveyed to William H. Reynolds from W.W. Reynolds, a widower, et al by deed dated 6-5-67 in deed book 323, page 140, in the Whitley County Court Clerk’s Office and more particularly described as follows:

BEGINNING at a P-K nail near the center of asphalt pavement of the access road to subject property, said point lies in the eastern line of the Clyde Harden Johnson property (DB 270, pg 635) and being the Northwestern corner of the Ernest Abbott property (DB 233, pg 585); Thence with the said Johnson line a partial distance and with the Nannie Jones Heirs line (DB 120, pg 135) a partial distance N 12° 17’ 00” W 177.66 feet to a survey marker at the base of a leaning steel rail at the western end of an old fence, said point lies in the southern line of the Mary Lee Turner property (DB 233, pg 514), also said point lies near the south side of an old hail road bed; Thence with the said Turner line, the said old fence and the old haul road bed N 77° 02’ 00” E 103.81 feet to a survey marker; Thence severing the Grantor’s property herein S 27° 38’ 42” E 207.11 feet to a survey marker in the aforementioned Abbott’s northern property line; Thence with the said Abbott’s line N 74° 46’ 50” W 73.66 feet to a survey marker just north of an old outdoor privy; Thence still with the said Abbott’s line S 69° 35’ 19” W 94.06 feet to the POINT OF BEGINNING, containing 0.5158 acres. Also conveyed herein is the right to use the driveway as is.

Being the same property conveyed to James Matthew Fair and Deborah Jean Fair, husband and wife, from Myra J. Stanley, single, by deed dated July 13, 2007 and recorded on July 16,2007 in Deed Book 478, Page 224, 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-174

JPMorgan Chase Bank, National Association, Plaintiff, VS. Lonnie Wilson; Jeannie Wilson aka Jeanne Wilson, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 1, 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, Lonnie Wilson and Jeannie Wilson aka Jeanne Wilson, plus costs, is as follows:

(1) The principal sum in the amount of $145,485.80, plus interest from 12/1/10, in the amount of $13,048.35, plus pre-acceleration late charges in the amount of $344.18, plus total escrow in the amount of $6,213.78, plus property preservation in the amount of $245.00, plus property inspection fees in the amount of $112.00, for a total in the amount of $165,449.11, together with interest at the rate of 5.1250 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 $1,150.00, 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: 657 Laurel Lake Resort Road, Corbin, KY 40701.

LYING AND BEING IN WHITLEY COUNTY, KENTUCKY, AND MORE PARTICULARLY DESCRIBED AS:

Being Lot No. 74 in the Laurel River Resort, Inc., Subdivision of Whitley County, Kentucky, a map or plot of which duly appears of record in Map Book 4, Page 65, Whitley County Court Clerk’s office, to which map or plot reference is hereby made for a more complete and full description.

This deed of conveyance is subject to the restrictions and covenants effecting the proposed lot to be conveyed by the Laurel River Resort, Inc., which the said restrictions and covenants are made a part of this conveyance as if copied herein in full and which appears of record in Miscellaneous Record Book 26, Page 339, Whitley County Court Clerk’s office.

Being the same property conveyed to Lonnie Wilson and Jeanne Wilson, husband and wife, from Mary Anne Furey, widow, on July 17, 1998 and recorded on July 21, 1998 in Deed Book 402, Page 19 of the records of 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 rep