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Legal Notices for 12/12/12, page 2



 


 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 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-00455

COMMERCIAL BANK, INC., SUCCESSOR IN INTEREST TO UNION NATIONAL BANK AND TRUST COMPANY OF BARBOURVILLE, PLAINTIFF, VS. DOUGLAS WAYNE SNYDER; UNKNOWN SPOUSE, IF ANY, OF DOUGLAS WAYNE SNYDER; DIANN SNYDER A/K/A DIANN SNYDER HAMILTON A/K/A DIANN C. HAMILTON; UNKNOWN SPOUSE, IF ANY, OF DIANN SNYDER A/K/A DIANN SNYDER HAMILTON A/K/A DIANN C. HAMILTON; 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 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, Douglas Snyder and Diann Snyder Hamilton, plus costs, is as follows:

(1) The sum in the amount of $100,362.77, together with interest that has accrued thereon from May 16, 2012, accruing at that rate of $15.2837 per diem, until October 1, 2012, and thereafter at the highest rate allowed by law until paid in full, plus applicable late fees.

The property concerned herewith is situated in Whitley County, Kentucky, with an address of 1796 5th Street Road, Corbin, Kentucky 40701, and is more particularly described as follows:

TRACT I:

BEGINNING at a stake on south side of Fifth Street Road at the property of Prewitt and Snyder; thence southwardly with Snyder line 493 feet to a stake at Prewitt, Snyder and Jackson corner; thence eastwardly a distance of 137 feet following Jackson line to a stake; thence northwardly a distance of 246 feet with Jackson line to a stake; thence westwardly a distance of 157 feet to a stake; thence northeastwardly a distance of 206 feet to a stake at Fifth Street Road; thence westwardly a distance of 46 feet to the beginning.

Deed of Conveyance from Nelma Snyder Trammell and Gurnie Trammel, Jr., husband and wife, to Douglas Wayne Snyder and, Diann Snyder, husband and wife, dated May 31, 2002 and recorded in Deed Book 435 page 652, in the Whitley County Clerk’s Office, Williamsburg, Kentucky.

See also Affidavit of Conversion to Real Estate of a Redman manufactured home Serial No. 143T5070, recorded November 27, 2002, at Miscellaneous Book 122, Page 461, records of the Whitley County Court Clerk’s Office.

TRACT II:

BEGINNING at a stone in the south line of Fifth Street Road, about 200 feet west of Corbin City Limits, 21.5 feet from center of paving, and at Snyder’s northwest corner; thence along Fifth Street Road in an eastwardly direction a distance of 183.6 feet to a stake at Jackson’s corner; thence in a southwardly direction a distance of 118 feet to a stake at Jackson and Snyder corner; thence in a westwardly direction a distance of 157 feet to a stake; thence in a northwardly direction a distance of 206 feet to the beginning.

THERE IS EXCEPTED from the foregoing that portion conveyed by Jerry Prewitt, et ux, to Kenneth Snyder and wife, Nelma Snyder by deed dated November 28, 1988, and of record in Deed Book 331, Pages 233-234, Whitley County Court Clerk’s Office.

Being by Deed of Conveyance from Nelma Snyder, an unremarried widow, to Douglas Wayne Snyder and wife, Diann Snyder, dated May 15, 1998 and recorded in Deed Book 400, Page 494.

THERE IS EXCEPTED from all of the above the following property conveyed to Jamie Scott Davenport by Douglas Wayne Snyder, unmarried, and Diann Snyder, unmarried, by Warranty Deed dated October 2, 2006, and recorded at Deed Book 472, Page 539, records of the Whitley County Court Clerk’s Office:

A certain tract of land lying on the south side of 5th Street Extension, approximately 0.25 mile east from the I-75 overpass in Whitley County, Kentucky, and bounded and described as follows:

Unless stated otherwise any monument referred to herein as a “steel stake” is a set ½” diameter rebar stake, approximately 18” in length, with a yellow plastic cap stamped “EG 3276”.  All bearings stated herein are referred to celestial north as observed on the property on September 21, 2006.

BEGINNING at a steel stake set in the south right-of-way line of 5th Street Extension, 24 feet from the approximate road centerline, a corner to Kenneth Snyder (Deed Book 245, Page 385) and the tract described herein; thence with the right-of-way line the following calls:  S 61-45-13 E, 84.80 feet; S 65-01-43 E, 69.31 feet to a steel stake set, a new corner to Douglas Snyder (Deed Book 400, Page 494) and the tract described herein; thence severing the Douglas Snyder property S 09-25-03 W, 123.26 feet to a steel stake set, a corner to Douglas Snyder (Deed Book 435, Page 652) and the tract described herein; thence with the Douglas Snyder line S 86-28-09 W, 127.44 feet to a point, a corner to Kenneth Snyder and the tract described herein; thence with the Kenneth Snyder line N 02-51-44 E, 199.03 feet back to the point of beginning, containing 0.49 acre, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276 on September 21, 2006.

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, 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. 10-CI-00392

FORCHT BANK, NA SUCCESSOR-IN-INTEREST TO TRI-COUNTY NATIONAL BANK, PLAINTIFF, VS. CHRISTOPHER TODD STOKES And his wife, TABITHA STOKES;  CHRISTEN GATTON STOKES; TAX EASE LIEN INVESTMENTS, 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 May 7, 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, Christopher Todd Stokes, plus costs, is as follows:

(1) The sum in the amount of $105, 268.19, as of April 10, 2012, plus interest at the rate of 6.09% per annum until paid, and is awarded its reasonable attorney fees and its Court costs.  

PROPERTY ADDRESS: 70 Sandy Lane, Corbin, KY 40701.

A certain tract or parcel of land located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING at a stake in center line of East Kentucky Power line easement S. 28 degrees 15’ E. 23 ft. to a corner in the Charlie Verbal line; thence North 61 degrees 45’ East 469.1 ft. to a Ledford Eaton-William Scalf corner; thence North 2 degrees 15’ West 186.9 ft. to a stake; thence North 16 degrees 16’ East 124 ft. to a stake; thence S. 79 degrees West approximately 363 ft. to stake in the center line of East Kentucky Power line Easement; thence southward with said easement to the BEGINNING.

There is excluded from this deed a 30 ft. right of way on the west edge of property running along the center line of the East Kentucky Power line easement.

BEING THE SAME PROPERTY acquired by Christopher Todd Stokes, married, by Strawman deed dated August 17, 2004 and recorded in Deed Book 455, Page 86 of the Laurel County Court Clerk’s Office. See also quit-claim deed dated July 27, 2004, from Heather Nicole Stokes, now Heather Nicole Snyder and her husband, John Snyder, and recorded in Deed Book 455, Page 83. See also deed dated April 10, 1998, and recorded in Deed Book 399, Page 674.

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. II

CIVIL ACTION NO. 11-CI-00817

FORCHT BANK, NA SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. DUSTIN WOOLUM and CRYSTAL HAYES; LELAND HAYES; KENTUCKY TAX COMPANY, 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 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 Defendants, Dustin Woolum, Crystal Hayes and Leland Hayes, plus costs, is as follows:

(1) The sum in the amount of $54,489.12, as of September 19, 2012, plus interest at the rate of 8.49% per annum until paid.  

PROPERTY ADDRESS: 333 Henry Mackey Road, Rockholds, KY 40759.

A certain tract or parcel of land located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING at the southeast corner of Jasper Mackey property at fence corner and stake on the west side of county road; thence with Mackey’s line W 18° S 210 feet to a metal stake, thence going southeast 210 feet to a metal stake; thence going east 210 feet to an iron stake at county road following county road north 210 feet to the beginning.

BEING THE SAME PROPERTY conveyed Dustin Woolum and his wife, Crystal Hayes, by deed dated December 16, 2009, from Leland Hayes and his wife, Teresa Hayes, and recorded in Deed book 493, Page 573 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. 11-CI-00964

Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, PLAINTIFF, VS. Terry Stover aka Terry Lee Stover; Williamsburg National Bank nka Forcht Bank, National Association, 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 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 Defendant, Terry Stover aka Terry Lee Stover, plus costs is as follows:

(1) The principal sum in the amount of $110,905.35, plus interest on the principal sum at the rate of 5.375% per annum from April 1, 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.

Property Address: 4348 North Highway 25 West, Williamsburg, KY 40767

Parcel Number: 090-00-00-159.00

The following described real property located in Whitley County, Kentucky, to-wit:

Being Lot 4 Dyer Mountain Subdivision and being more particularly described as follows:

Beginning on an iron post, the Northeast corner of Lot No. 1; thence N 17.31 E 141.44 feet to an iron post; thence N 44.52 E 137.23 feet to an iron post; thence N 65.15 E 142 feet to a ten-inch pine; thence S 66.35 W 503.75 feet to a steel rod; thence S 19.17 W 287.52 feet to an iron post; thence S 34.52 E 119.97 feet to an iron post; thence S 34.52 E 75 feet to the beginning.

Also conveyed herein in a common right of usage to a concrete driveway known as Rowland Drive as access to U.S. 25W.

Being the same property conveyed to Terry Stover, no marital status shown who acquired title by virtue of a deed from Robert Wesley Roy, Sr. and Louelle Roy, husband and wife, dated March 14, 2006, filed March 20, 2006, recorded in Deed Book 467, Page 759, County Clerk’s Office, Whitley County, Kentucky.

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 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-00365

CitiMortgage, Inc, PLAINTIFF, VS. Terry Ledoux aka Terry L. Ledoux; Tri-County National Bank nka Forcht Bank, National Association, 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 Defendant, Terry Ledoux aka Terry L. Ledoux, plus costs is as follows:

(1) The principal sum in the amount of $63,827.76, plus interest on the principal sum at the rate of 6.74% per annum from August 1, 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.

Property Address: 101 Steele Street, Corbin, KY 40701

Parcel Number: 137-20-21-040.00

The following described real property located in Whitley County, Kentucky, to-wit:

Beginning at a stake at the Southeast corner of First and Steel Streets; thence East 100 feet with the South line of First Street to a stake; thence South 48 feet in a parallel line with Steele Street to a stake; thence West with parallel line of First Street 100 feet to the East line of Steele Street; thence North with the East line of Steel Street 48 feet more or less to the Beginning.

Being the same property conveyed to Terry Ledoux, single who acquired title by virtue of a deed from H. Bryan Barton LLC, by H. Bryan Barton, its member, dated May 15, 2006, filed June 28, 2006, recorded in Deed Book 470, Page 236, 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 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 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-00445

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. MICHAEL W. GILLEY; KIMBERLY G. GILLEY; and BAPTIST HEALTHCARE SYSTEM, INC., D/B/A BAPTIST REGIONAL MEDICAL CENTER,  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, Michael W. Gilley and Kimberly G. Gilley, plus costs, is as follows:

(1) The principal sum in the amount of $62,308.06, plus interest at the rate of 5.125% per annum from March 1, 2012 until paid, and late fees assessed, plus sums advanced in payment of ad valorem taxes, insurance premiums, and property preservation, the costs of this action; and reimbursement for attorney’s fees in this action.  

PROPERTY ADDRESS: 501 Walnut Avenue, Corbin, KY 40701.

Beginning at a stake in the sidewalk East side of Walnut Street and 92 (ninety two) feet from the inside of the South curb on 5th St., thence South 58.5 (fifth-eight one and one half) feet to a stake in sidewalk at Hightower lot; thence East 73 (seventy-three) feet to Gilbert Hayes line, thence North 60 (Sixty) feet with Gilbert Hayes line; thence West 73 (seventy-three) feet to stake in sidewalk at the BEGINNING.

Being the same property conveyed to Michael W. Gilley and Kimberly G. Gilley, husband and wife, by deed dated September 9, 2005 and of record in Deed Book 464, Page 121 in the office of the Clerk of 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 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. 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:

BEING Lot No. 5, Section C-1 of the Hemlock Subdivision, as recorded in Map Book 4, Page 84, Whitley County Clerk’s Office, and reference is made to the map book as if copied in full herein.

Elmer M. Adams and wife, Glenda Adams retain the oil and gas rights of the within property.

This property is subject to Protective Covenants as set forth in Miscellaneous Record Book 53, Page 480 and is also subject to utility easements as recorded in Miscellaneous Book 22, Page 484, and Miscellaneous Book 33, Page 553, Whitley County Clerk’s Office.

BEING THE SAME PROPERTY conveyed to Michael L. Johnson and wife, Leticia L. Johnson by deed from Elmer M. Adams and wife, Glenda Adams, dated May 13, 2004 and recorded in Deed Book 453, Page 237, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 820 Hemlock Subdivision Road, Williamsburg, Kentucky 40769.

TRACT NO. 4:

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

BEGINNING 75 feet from the center of L&N RR tract; thence with public road, S 29 E, 50 feet to a stake; thence N 64 ½ E. approximately 216 feet to the Sam Houston line fence; thence with Houston fence, N 28° 40’ W, to the L&N RR Co. right of way; thence with said right of way S 47 ½ W, 219 feet to the point of BEGINNING.

BEING THE SAME PROPERTY conveyed to Michael L. Johnson and wife, Leticia D. Johnson, by deed from Union Planters Bank, National Association, a/k/a Union Planters Bank, N.A., dated March 20, 2003 and recorded in Deed Book 442, Page 506, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 80 Everett Rains Road, Williamsburg, Kentucky 40769.

TRACT NO. 5:

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

BEING Lot #21 of Sand Acres as shown in Map Book 4, Page 162, Slide 353, and being a part of the sellers’ property described in Deed Book 363, Page 165, Whitley County Clerk’s Office.

BEING THE SAME PROPERTY conveyed to Michael L. Johnson and wife, Leticia L. Johnson, by deed from Jim Davenport and wife, Sandy Davenport, dated January 25, 2002 and recorded in Deed Book 432, Page 457, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 130 Sheila Circle, Williamsburg, Kentucky 40769.

Map #072-00-00-025.26

TERMS OF SALE

1. The above property is shall be sold separately as five (5) separate tracts 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