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Legal Notices for 1/2/13, page 3


 

 CIVIL ACTION NO. 12-CI-00243

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK,  PLAINTIFF, VS. LARRY WILSON, single; COMMUNITY TRUST BANK; GE MONEY BANK; KRISTI CARTER, AS NEXT FRIEND, GUARDIAN AND NATURAL MOTHER OF HANNAH ASHALAN CARTER, A MINOR CHILD; ROD NEIL CARTER, AS CO-ADMINISTRATOR OF THE ESTATE OF TOD ALAN CARTER, DECEASED; BETTY JEAN CARTER, AS CO-ADMINISTRATOR OF THE ESTATE OF TOD ALAN CARTER, DECEASED; 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 21, 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 Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Larry Wilson, plus costs, is as follows:

(1) The sum in the amount of $54,334.59, as of October 17, 2012, plus interest at the rate of 7.25% per annum until paid.

PROPERTY ADDRESS: 2340 Blakes Fork Road, Williamsburg, Kentucky 40769.

BEGINNING at a marker on the corner where the Gerald M. Wilson and the Larry N. Wilson properties adjoin, traveling 275 feet northwest 310 degrees to a poplar tree.  Then 333 feet northeast 11 degrees to a black gum tree in the line fence.  Then traveling 515 feet southeast 126 degrees to a wild cherry tree.  Then 369 feet southwest 249 degrees to starting marker.

Being the same real property conveyed to Mortgagor by deed from Gerald M Wilson and his wife, Brenda G. Wilson, dated June 15, 1996, recorded in Deed Book 386, Page 544 of the Whitley County Court Clerk’s Office. 

EASEMENT: The Mortgagor also grants to Mortgagee a mortgage on a twelve foot wide portion of property along the property line of Patricia Wilson extending through property owned by Mortgagor referenced in the Deed dated April 13, 1993 from Barbara Wilson Steely and her husband Allan W. Steely to Mortgagor recorded in Deed book 363, Page 142 of the Whitley County Court Clerk’s Office. Said strip of land is to be used for Ingress and Egress to the property described in Deed Book 386, Page 544 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 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT  DIVISION NO. II

CIVIL ACTION NO. 12-CI-00303

FORCHT BANK, NA, PLAINTIFF, VS. JONATHAN JOYCE, a/k/a JONATHAN M. JOYCE, and his wife, CHRISTINA JOYCE, a/k/a CHRISTINA R. JOYCE; 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 19, 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 Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jonathan Joyce, a/k/a Jonathan M. Joyce, and Christina Joyce a/k/a Christina R. Joyce, plus costs, is as follows:

(1) The sum in the amount of $15,638.53, plus interest thereon at the rate of 7.19% per annum ($2.812643 per day) from October 23, 2012 until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

PROPERTY ADDRESS: 5214 Highway 26, Rockholds, Kentucky 40759.

Current Parcel ID No: 122-00-00-090.00

BEGINNING at a stone with Hwy. 26 and George and Mae Barton’s line; thence in and easterly direction 183 feet to a stone at Watts Creek; thence in a northerly direction with Watts Creek and Barton property line 125 feet to a stone at the mouth of a branch; thence in a westwardly direction 291.50 feet to a culvert at the boundary of Hwy. 26; thence in a southwardly direction with the boundary of Hwy. 26, 214 ft. to the BEGINNING.

There is reserved herefrom an easement and right-of-way passage over the road presently existing from the house of Mae Barton, and husband, George Barton, to Hwy. 26.

This conveyance is made subject to all legal and existing restrictions, easements and rights-of-way which in any manner affect the title of the property herein being conveyed, including the applicable ordinances as same pertain to the Whitley County or City Planning Commission; and

BEING THE SAME PROPERTY conveyed to Christina Joyce and her husband, Jonathan Joyce, by deed dated May 5, 2010, and recorded in Deed Book 495, Page 662 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 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 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616