NOTICE OF INTENTION TO MINE

Pursuant to

Application Number 918-0454

In accordance with KRS 350.055, notice is hereby given that Blue Gem, Inc. 1009 Lark St. suite 1A, Johnson City, TN. 37604 has applied for a permit for a surface coal mining and reclamation operation located in the Mountain Ash Community  in Whitley County. The proposed operation will add 33.75 acres of surface disturbance and will underlie an additional 47.3 acres making a total area of 81.05 acres within the permit boundary. 

The proposed operation is located approximately 0.6 miles east from 25w’s  junction with Mountian Ash  Road and located 0.63miles east of the Clear Creek. The latitude is 36° 39’ 16.07” and the Longitude is 84° 07’ 19.37”.

The proposed operation is located on the Williamsburg/Saxton  U.S.G.S. 7 1/2 minute topographical quadrangle maps. The operation will use the surface coutour method as well as  auger methods of surface mining. The surface and underground area is owned by Don Jones.  

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Ave Middlesboro, KY 40965

Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

NOTICE:

Please take notice that the City of Williamsburg, Williamsburg, Whitley County, Kentucky provides the following statement pursuant to KRS 424.220 and KRS 91 A.4046. The City of Williamsburg has completed its annual audit and copies are on file with the City of Williamsburg. For those individuals who wish to view said audit, a copy may be viewed at City Hall, 423 Main Street, Williamsburg, KY.

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT - DIVISION II - CIVIL ACTION NO. 12-CI-131

FORCHT BANK, NA, SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF VS. TAMMY DEATON, single; JAMOS FUND 1, LP; CAPITAL ONE BANK (USA), N.A., F/K/A CAPITAL ONE BANK; 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 August 20, 2012, and a subsequent Order entered December 17, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Tammy Deaton, plus costs, is as follows:

(1) Pursuant to Count I -the sum in the amount of $5,992.78, as of July 30, 2012, plus interest at the rate of 8.99% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II - the sum in the amount of $7,181.98, as of July 30, 2012, plus interest at the rate of 9.5% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   00 Shiner Valley Estates, Williamsburg, KY 40769

A certain tract or parcel of land lying in Whitley County, Kentucky and being Lots 1 and 2 of Shiner Valley Estates subdivision as shown on Map Book 4, Page 363, Slide 509, Whitley County Court Clerk’s Office, to which plat reference is made for a more complete description of the property conveyed herein.

The property conveyed herein is subject to the Declaration of Protective Covenants and Restrictions for Shiner Valley Estates recorded in Miscellaneous Book 136, Page 422, Whitley County Court Clerk’s Office.

Being the same property conveyed to Tammy Deaton by deed from Homer Bart Davis, Jr. and his wife, Loretta Davis, dated June 12, 2006, recorded in Deed Book 469, Page 757 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 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 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 29th day of January, 2013.

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 I - CIVIL ACTION NO. 11-CI-374

TAX EASE LIEN SERVICING, LLC, PLAINTIFF VS.NATHAN BRAY and UNKNOWN SPOUSE OF NATHAN BRAY; WILLIAMSBURG NATIONAL BANK, N/K/A FORCHT BANK, NA; COMMUNITY TRUST BANK; JAMOS FUND 1, LP; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 3, 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, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Nathan Bray, plus costs, is as follows:

(1) The sum in the amount of $29,129.86, as of October 31, 2012, plus interest at the rate of 6.99% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   170 Dant Hamblin Road, Williamsburg, KY 40769

A certain tract or parcel of land lying in Whitley County, Kentucky, on the banks of Paterson Creek and being all of the same land conveyed to Jerry Hamblin, Sr., and wife, Rachel Hamblin, by Howard Bird and Ferne Bird, by Deed bearing the date April 11, 1962, which is duly recorded in Deed Book 204, pages 388-389, in the Whitley County Court Clerk’s Office, and bounded and described as follows:

BEGINNING at the Reynolds (formerly Sawyers) corner; thence east with the L&N right of way 263 feet to a stone to be set at a post where the old orchard and garden fence row begins. The defendant’s Dante Hamblin’s front to begin at the H.S. Foley corner, and thence west with the L&N right of way 347 feet to the above mentioned stone and post, orchard and garden line. Albert Johnson having 263 front feet and Dante Hamblin having 347 front feet; thence their property line to be separated by the old orchard-garden line, running south crossing Patterson Creek and to a small apple tree near the apex of the curve of Patterson Creek a distance of approximately 500 feet; thence southwest a straight line along the ridge caused by backlanding, passing a persimmon tree, 1066 (one thousand sixty six) feet to the maples on the side of the hill; thence South 9 west 350 feet to the beech in the outside line; thence from the beech, reversing the calls in the Johnson deed N 88 W 49 poles to a maple and stone; N 88 W 21 poles to a white oak; S 27 W 15 poles to a stone; N 68 W 352 feet to a sweet gum and stone; N 40 E 300 feet to a hickory; N 28 E 281 feet to a stone; N 73 E 182 feet to a maple; N 66 E 162 feet to a stone; N 42 E 128 feet to a stone; S 31 E 39 feet to a hornbeam; N 50 E 300 feet to a stake; N 49 E 150 feet to a sweet gum; N 41 E 106 feet to a stone; N 77 E 28 feet to a stone; N 25 W 91 feet to a white oak; N 45 W 220 feet with the meanders of the branch to the mouth of Flat Hollow; N 2 W 38 feet to a horn beam on the bank of the creek; N 15 W 200 feet to the Pete Sawyer’s line and beginning corner mentioned by court in Judgment.

As to the usage of the roadway in equity section #10.641 Albert Johnson, et. al., vs. Dante Hamblin, et. al., the court in the judgment dated October 11, 1951, recorded in Order Book #69, Page 447, Whitley Circuit Court Clerk’s Office, adjudged as follows: For the purpose of getting to and from the land in question, each of the parties may use the old abandoned road along the orchard and garden to the ford in the creek, and the usual traveled old road and most direct route to get to their properties beyond the ford. This deed of conveyance made subject to the above reservation and exception herein noted.

EXCEPTION: There is excepted from this conveyance and not conveyed herein all of the same property conveyed to Joyce McCullah by deed from Jerry Hamblin and wife, Rachel Hamblin, dated October 3, 1975, and recorded in Deed Book 257, pages 371-372, Whitley County Court Clerk’s Office.

JUDGMENT: This conveyance is subject to the Agreed Judgment entered July 21, 1967, by the Whitley Circuit Court in Civil Action No. 3428, styled Dante Hamblin and wife, Sarah Hamblin, v. Jerry Hamblin and wife, Rachel Hamblin, recorded in Order Book 74A, Page 533, Whitley Circuit Court Clerk’s Office.

BEING THE SAME PROPERTY conveyed to Nathan Bray, single, by Deed dated June 2, 2004, from Jesse Lawson and his wife, Sherri Lawson, and recorded in Deed Book 453, page 317 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 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 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 29th day of January, 2013.

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-00876

GREEN TREE SERVICING, LLC SUCCESSOR SERVICER TO GREENPOINT CREDIT, CORP., PLAINTIFF VS. EDWARD C. BRAY; LINDA A. BRAY; and W.D. BRYANT AND SON, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Edward C. Bray and Linda A. Bray, plus costs, is as follows:

(1) The principal sum of $41,061.72 as of March 7, 2012, with interest pursuant to the contract, plus all secured finance charges, reasonable attorney’s fee of $750.00 and its costs herein expended.  

(2) There is included with the real property a 1999 Homes of Legend, 16 x 80 Mobile Home.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Property Address: 7408 West Highway 92, Williamsburg, KY 40769.

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 percent (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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, 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 29th day of January, 2013.

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-00803

Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Leonard Bryant, individually and as Administrator of the Estate of Evelyn Bryant; Unknown Defendant, spouse of Leonard Bryant; Timmy Bryant; Unknown Defendant, spouse of Timmy Bryant; Robert Bryant; Unknown Defendant, spouse of Robert Bryant; Patricia Hammack; Unknown Defendant, spouse of Patricia Hammack; Brenda Bryant; Unknown Defendant, spouse of Brenda Bryant; Barbara Shelton; Unknown Defendant, spouse of Barbara Shelton; United Credit Card Bank, N.A.; Delta Petroleum Corporation, 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 on December 3, 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, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $76,639.91, plus interest from November 1, 2010, in the amount of $7,759.63, plus late charges in the amount of $154.84, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $3,963.61, plus credits in the amount ($131.20), for a total in the amount of $88,386.79, together with interest at the rate of 8.125% 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 gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1615 Highway 1481, Williamsbu