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Legal Notices for 2/6/13, page 1



 

 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 Mountain 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 contour 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

This is the final advertisement of this application; all comments, objections, or requests for a permit conference must be received within thirty (30) days of today’s date. 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.

 

Public Notice of Blasting Schedule

Alden Resources LLC, 322 W. Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701, telephone number: (606) 523-9760, shall conduct blasting operations on its 123.2 acre surface mine permit, located approximately three (3) miles north of the community of Nevisdale, Kentucky, in Whitley County, Kentucky. The proposed operation is approximately two and half (2.5) miles north of Rock Springs Road intersection with Kentucky Highway 904. The proposed operation is further described as being located 0.1 mile south east of Rocks Spring Road intersection with Hamlin Hollow Road.

The latitude is 36-42-46N; the longitude is: 84-01-23W.  The surface area on which blasting operations will be conducted is owned by Michael Powers, Ernie McCullah, Terry Lowe, Doris Fay Fletcher, Jeff Fear and Tim Fear.  Blasting Operations will begin February, 2013.    Blasting will be conducted each day Monday through Saturday during daylight hours.  No blasting will be conducted after official sunset.  This schedule shall be in effect from February, 2013 until February, 2014.

Any major alterations to the blasting scheduled will be published. Unscheduled blasting may occur in emergency situations when rain, lightning or other atmospheric conditions or operator or public safety requires unscheduled detonation. The nearby residents will be notified of the unscheduled blast by the most appropriate means and the blast shall then proceed as a regular blast.   Entry to blasting area will be regulated by signs or barriers.  An authorized company representative will prohibit access to the blasting areas by unauthorized persons at least five (5) minutes before each detonation and until the all clear signal is sounded.  The warning signals are described in 805 KAR 4:125 Section 1(1), Table U-1, Attachment 24.5, and as follows: WARNING SIGNAL: A (1) minute series of long blasts (5) minutes prior to the blast signal.  BLAST SIGNAL: A series of short blasts (1) minute prior to the detonation. ALL CLEAR SIGNAL: A prolonged blast following the inspection of the blast area. Events which could necessitate blasting at unscheduled times include, but are not limited to rain, lightning, or other atmospheric conditions, or deteriorated explosives which involve personnel, operational or public safety. Any major alteration of this blasting schedule will be published.

This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto.  The MSHA ID Number is 15-19687.  The Kentucky DNR Permit Number is 918-0413.

 

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.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2012-2013, to include unanticipated receipts increasing / decreasing from the General, Jail and LGEA funds, in the amount of $ 316,473.00 and increasing/decreasing expenditures in the General, Jail and LGEA funds in the amount of $316,473.00 will be held on 02/19/13 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

 

PUBLIC HEARING

Cumberland Valley District residents will have the opportunity to express their views regarding services for the elderly which are proposed for funding during 2012-2013. Participation is sought from the following elderly groups: minority, rural, low income and disabled. Caregivers of elderly and disabled individuals and grandparents raising grandchildren are encouraged to attend. The Area Plan for Services will be presented and reviewed on Thursday, February 14, 2013 at 12:00 at the Cumberland Valley ADD office at 342 Old Whitley Road in London. This public hearing is sponsored by the Cumberland Valley Area Agency on Aging, the agency responsible for the planning and development of services for the elderly within the Cumberland Valley District. For more information, please contact Karen Carter, Area Agency on Aging Director, Cumberland Valley Development District, P.O. Box 1740, London, KY 40743-1740 or (606) 864-7391.

 

PUBLIC NOTICE

The regular meetings for the Budget/Solid Waste, Road and EM Committee meetings has been changed to the Second Wednesday of each month beginning at 1:00 PM for the RD and EM Committee’s and the 2:00 PM for the Budget/Solid Waste Committee’s in the Fiscal Court Room located on the second floor of the courthouse. These meetings are open to the public.

 

PUBLIC NOTICE

An Ordinance relating to the re-financing of the Old Post Office Building and Whitley County Detention Center was passed 1/15/13. 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

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Timothy Joe Sears has been appointed executor for the estate of Tracy Lee Sullivan Sears (deceased), Jeffery Tipton, PO Box 1284, Corbin, KY 40702, is attorney for said estate; Alice Pennington Crawford has been appointed executrix for the estate of William Harold Pennington (deceased), David Hoskins, PO Box 1185, Corbin, KY 40702 is attorney for said estate; Kenneth W. Hinkle and Donald W. Hinkle were appointed co-administrators, January 29, 2013 over the estate of Herbert Hinkle (deceased), Larry Conley, 714 South Main St., Corbin, KY 40701 and Ronald Bowling, PO Box 373, Corbin, KY 40702, are attorneys for estate; Charles D. Jones, 3109 Champions Lane, Knoxville, TN 37931 was appointed executrix over the estate of Edith Virginia Jones, deceased; Willena Faye Canada, 145 Francie Canada Road, Williamsburg, KY 40769 has been appointed as administratrix over the estate of Oscar Gerald Canada, deceased; John A. Jeffries, 419 North 11th Street, Williamsburg, KY 40769 has been appointed as executor over the estate of Arthur Jeffries, Jr., deceased; Freddie Lee Cox, 214 Debbie Lane, Corbin, KY 40701 has been appointed as executor over the estate of Bonnie Marie Cox, deceased; Donnia L. Mays, 1202 Hwy. 1809, Barbourville, KY 40906 has been appointed as executor over the estate of Ruth Wilson Mays, deceased.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 31st day of January, 2013.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Peggy Clark has filed the final settlement for the estate of Lonnie W. Clark; Judy Schneider has filed the final settlement for the estate of Chelcie Mills Hensley.

Exceptions, if any, must be filed prior to March 4, 2013.

The hearing will be held at Whitley District Court, 805 S. Main Street, Corbin KY 40701.

Given under my hand this 31st day of January 2013.

GARY W. BARTON, WHITLEY CIRCUIT DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

 

 

 

Date of Publication: February 6, 2013

PUBLIC NOTICE - REQUEST FOR PROPOSALS

PROGRAM IMPLEMENTATION SERVICES RELATING TO THE HBEER PROJECT

COMMUNITY DEVELOPMENT BLOCK GRANT

Whitley County is seeking proposals for technical assistance and program implementation services relating to a CDBG project. Minimum requirements include previous experience preparing and managing a CDBG Program. A proposal packet is available from Amber Owens, Whitley County Courthouse, Post Office Box 237, Williamsburg, Kentucky 40769 containing:

(1) minimum requirements for experience

(2) proposed scope of services to be provided

(3) selection criteria for awarding a contract.

Attention is particularly called to the requirements as to conditions of employment to be observed under the contract, Section 3, Segregated Facility, Section 109, Title VI, EO 11246, and EO 11375.  Small, local, minority, and female firms are particularly encouraged to participate.

All interested persons and firms should contact Amber Owens, Whitley County Courthouse, Post Office Box 237, Williamsburg, Kentucky 40769, at the above address.  For the hearing and speech impaired, please contact the Kentucky Relay Service (Text Telephone – TTY) Call 1-800-648-6056 and an “interpreter” will connect the caller with the requested person.

Proposals must be received at the above address on or before 3:00 pm, Friday, February 15, 2013.  Whitley County reserves the right to reject any and all proposals.

“Equal Opportunity Employer”

 

Public Hearing Notice

To all interested citizens of Whitley County, Kentucky:

The Department for Local Government is accepting application material under the 2012 Community Development Block Grant (CDBG) Program. The Whitley County Fiscal Court intends to apply to the Recovery Kentucky Program for funding for operational costs for the Independence House Project. The Whitley County Fiscal Court will hold a public hearing prior to the submission of the application. The public hearing will be held on Tuesday, February 19, 2013, at 2:00 p.m., at the Fiscal Court Room at the Whitley County Courthouse in Williamsburg, Kentucky. The purpose of this hearing is to obtain views on housing and community development needs, review proposed activities, review the proposed application, and solicit public comments. Technical assistance is available to help groups representing low and moderate-income persons in developing proposals.

The following information concerning the CDBG program is available for public inspection at the Whitley County Judge/Executive’s office during regular business hours:

A. Amount of funds available and range of activities that may be undertaken.

B. Estimated amounts of funds proposed to be used for activities benefiting persons of low and moderate income.

C. Plans for minimizing displacement of persons as a result of activities associated with CDBG funds and plans for providing assistance to those persons to be actually displaced as a result of CDBG-funded activities.

D. Records regarding the past use of CDBG funds.

E. A summary of other important program requirements.

Comments on Application

A copy of the CDBG application material will be on file at the Whitley County Judge/Executive’s office for citizens’ review and comment during regular business hours from February 6, 2013, through February 19, 2013. Comments on the proposed application may be submitted to the attention of Pat White Jr., County Judge/Executive, PO Box 237, Williamsburg, KY, 40769, until the close of business on February 19, 2013.

Discrimination Clause

The Whitley County Fiscal Court does not discriminate on the basis of race, color, national origin, sex, age, religion or disability, and provides, upon request, reasonable accommodation, including auxiliary aids and services, to afford an individual with a disability an equal opportunity to participate in all services, programs and activities. Any persons requiring special needs assistance should contact Pat White Jr. at 606-549-6000 at least five days prior to the meeting. The TDD number for the hearing impaired is 1-800-648-6057 or the TYY number is 711.

 

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, Williamsburg, Kentucky 40769.

THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN WHITLEY COUNTY KENTUCKY, AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:

BEGINNING AT A PINE AND STONE SIDE OF STATE ROAD; THENCE SOUTHEAST 200 FEET TO PINE AND STONE; THENCE SOUTHWEST 185 FEET TO MULBERRY AND STONE; THENCE NORTH 380 FEET TO A STONE; THENCE EAST 157 FEET BACK TO THE BEGINNING CORNER.

TAX ID#: 040-00-00-034.00

Being the same property conveyed to Evelyn Bryant, by deed dated July 13, 1979 and recorded in Deed Book 280, Page 277 in the Office of the Whitley County Court Clerk.

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 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. 10-CI-582

U.S. Bank National Association, as Trustee for JPMorgan Mortgage Acquisition Trust 2006-HE2, Asset Backed Pass-Through Certificates, Series 2006-HE2, Plaintiff, VS. Donna Dean; Mortgage Electronic Registration Systems, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, and a subsequent Order entered January 7, 2013, 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, Donna Dean, plus costs, is as follows:

(1) The principal sum in the amount of $104,482.04, plus pre-acceleration late charges in the amount of $22.41, plus interest from 03/1/10 in the amount of $9,433.49, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $14,438.71, plus property inspection in the amount of $370.00, for a total in the amount of $128,746.65 together with interest at the rate of 4.2500 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: 334 Kelso Trail, Corbin, KY 40701.

Being Lot No. 238 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lot.

Being the same property conveyed to Donna Dean by deed dated April 21, 2006 and recorded at Deed Book 468, Page 679, 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 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 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-459

JAMOS FUND I LP, PLAINTIFF, VS. JULIA MALONE; WILLIAMSBURG NATIONAL BANK; MIDLAND FUNDING, LLC; HAZEL ENTERPRISES, LLC; 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 January 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 Summary Judgment against the Defendants, Julia Malone; Williamsburg National Bank/Forcht Bank; Hazel Enterprises, LLC; Midland Funding, LLC; and the Commonwealth of Kentucky, County of Whitley, as to their interest in the subject property, plus costs, is as follows:

(1) The sum in the amount of $3,638.31 as of January 1, 2012, which constitutes principal in the amount of $631.78; which includes interest in the amount of $205.98, which constitutes accrual at the rate of twelve percent (12%) per annum; with monthly interest accruing at a rate of $6.31 per month until paid; pre-litigation attorneys fees of $487.85; administrative fees of $100.00; and a reasonable attorneys fees in the amount of 1,500.00; reimbursement for the cost of the title search in the amount of $250.00; and costs in the amount of $463.16, plus the costs and expenses herein expended for the $200.00 fee paid to the clerk for the administrative fee.

Property Address: 15345 East Highway 92, Williamsburg, Kentucky 40769.

BEGINNING at the stake at the fence 70 feet to a ditch; thence with ditch line to a stake and branch 278 feet; thence with branch to the fence and stake 113 feet; thence with the fence and right of way 276 feet; thence back to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Julia Malone, by deed dated June 21, 2001, from Jack Malone, unmarried, and recorded in Deed Book, 427, Page 383 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 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 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. Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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. 12-CI-00637

Wells Fargo Bank, N.A., PLAINTIFF, VS. Floyd A. Holmes; Teresa R. Holmes aka Teresa Holmes; Williamsburg Independent School District; The Bank of New York, an Indenture Trustee Under the Sale and Servicing Agreement Dated as of August as of August 31, 1998 for the Money Store Trust 1998-C nka The Bank of New York Mellon, 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 Defendants, Floyd A. Holmes and Teresa R. Holmes aka Teresa Holmes, plus costs is as follows:

(1) The principal sum in the amount of $42,659.90, plus interest on the principal sum at the rate of 9.7% per annum from April 1, 2012 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.

(2) There is a 1995 28x64 Doublewide, VIN Number FK46583 that shall be included with the real property.

Property Address: 200 Shelby Street, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, to wit:

Beginning at a 1/2” Steel rod set 10 feet East of the centerline of the easement road, to this parcel of land, a corner to the Shelby Maye reserve parcel, thence severing the land of said Mays with all now line and running parallel to the centerline of said easement road N 26-38-11 E, 150.65 feet to a 1/2” steel rod, thence leaving said easement road and continuing S 63-21-51 E, 150.00 feet to a 1/2” steel rod, thence S 26-38-08 W, 150.65 to a 1/2” steel rod, thence N 63-21-42 W, 150.01 feet to the place of Beginning and containing Fifty-two Hundreds (0.52) acres more or less.

There is also, a permanent and non-exclusive access easement to the above described parcel of land, for the purpose of ingress and egress described as follows:

Beginning at a 1/2” steel rod the Beginning corner of the above described parcel of land, thence running with said easement S 26-48-34 W, 702.10 feet to a 1/2” steel rod set 16 feet Northeast of the centerline of Kentucky State Highway 3422 (Becks Creek road) thence running parallel to the centerline of said road N 68-06-50 W, 20.26 feet to a 1/2” steel rod, thence leaving said Kentucky State Highway 3422 and running N 26-48-34 E, at 195.92 feet crossing a 1/2” steel rod, in all 702.10 feet to a point, thence N 26-38-11 E, 152.33 feet to a point, thence S 63-21-51 E, 20.19 feet to a 1/2” steel rod, the 2nd corner to the above described parcel of land, thence running with said above described parcel of land S 26-38-11 W, 150.65 feet to the Beginning, with all bearing referred to the 1993 magnetic meridian, and all abovementioned 1/2” steel rods having plastic caps stamped RSP, 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on April 28, 1894.

Included is a 1995 28x64 Doublewide Mobile Home, VIN #FK46583

Being the same property conveyed to Floyd A. Holmes and wife, Teresa R. Holmes who acquired title, with rights of survivorship, by virtue of a deed from Shelby Mays and wife, Brenda Mays, dated May 20, 1994, filed May 20, 1994, recorded in  Deed Book 371, Page 422,  County Clerk’s Office, Whitley County, Kentucky.

Address: 200 Shelby Street, Williamsburg, Kentucky 40769.

Parcel Number: 093-00-00-027.02.

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 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. 12-CI-00425

JOAN ANGEL and her husband, EDWARD ANGEL, PLAINTIFF, VS. JOY BROCK and her husband, ROBERT BROCK; SANDRA KAY PREWITT, single; and VINLAND ENERGY, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on December 3, 2012, and a subsequent Order entered December 4, 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 Plaintiff, Joan Angel, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Edward Angle, has a spousal dower interest in said real property.

That Joy Brock, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Robert Brock, has a spousal dower interest in said real property.

That Sandra Kay Prewitt, single, is adjudged to have a one-third (1/3) undivided interest in the below described real property.

That the Defendant, Vinland Energy, LLC, assignee from Huntington Energy Corporation, has a Right-of-Way Easement across the subject real estate dated May 23, 1990, which Right-Of-Way easement shall be recognized and shall have its due priority in regards to any sell of the property and any purchaser of the real estate shall be subordinate to the Right-Of-Way Easement.

PROPERTY ADDRESS:   175 Incline Road, Corbin, KY 40701

TRACT I:

BEGINNING on a black gum and maple, a corner in S. R. Lawson land; thence with said Lawson’s line near a south course to a dogwood; thence S. 67 W. with Ab Trivillian’s line to four dogwoods and a pine; thence S. 5 ½ W. 82 poles to a pine in the South line of the H. B. Barton land; thence N. 77 E with said line 74 poles to a pine and black oak; thence N. 62 E 34 poles to the BEGINNING.

There is excepted out of the above boundary about 5 A. more or less to Earl Mobley, and also a tract to Ollie Mobley about 2 A. more or less.

There is excepted from the above description that certain tract conveyed to Buford Watson and wife, Jennifer Watson, by Deed dated December 22, 1977, recorded in Deed Book 272, page 333 of the Whitley County Court Clerk’s Office.

AND:

TRACT II:

BEGINNING at a gate on public road; thence with said road a S.W. course 500 ft. to a stone in edge of said road; thence a southern direction 105 ft. to a stone; thence a N.E. direction 500 ft. to a stone; thence a Northern course 105 ft. to the BEGINNING.

The above two (2) tracts being re-surveyed by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581 as follows:

DEED DESCRIPTION 26.668 ACRES

A certain tract or parcel of real property lying and being in the County of Whitley, Commonwealth of Kentucky, (Vox Quadrangle), located on the waters of a small unnamed branch of Park’s Branch, all tributaries of Laurel River Lake, 0.20 mile southwest from the approximate intersection of State Route #1259 and Incline Road, CR #1076, at a scaled geodetic coordinate of 36 Degrees 56 Minutes 49 Seconds North Latitude and 84 Degrees 08 Minutes 52 Seconds West Longitude, being Property Valuation Parcel #101-00-00-049.00 and more particularly described as follows:

All bearings are referenced from adjoiner Deed Book 389, Page 333 (reference bearing SOUTH 00 DEGREES 22 MINUTES 44 SECONDS WEST), all ½ inch X 18 inch iron pins set this survey are with an aluminum cap stamped Ky Surveys PLS#2581 and all tree corners are marked with orange paint.  All distances are expressed in feet.  This property tract is subject to all easements, rights-of-way, covenants and restrictions of record and in existence.  This property boundary survey was completed without a legal title abstract being performed.

BEGINNING at a fourteen (14) inch sourwood (found-record), located approximately 1,485 feet southeast from the centerline of Incline Road, CR #1076, referenced by an iron pin (set), bearing SOUTH 53 DEGREES 48 MINUTES 24 SECONDS WEST 1.18 FEET; Said sourwood also being a property boundary corner of Dennis and Debbie Hart (Deed Book 487, Page 549 – now or formerly) and William and Ann Hacker (Deed Book 425, Page 072 – now or formerly);

Thence, leaving the Hart property boundary corner and with the Hacker property boundary line, the following bearings and distances:

NORTH 37 DEGREES 14 MINUTES 59 SECONDS WEST 487.01 FEET to a thirty-four (34) inch black oak (found-newly established), referenced by an iron pin (set), bearing NORTH 34 DEGREES 37 MINUTES 01 SECONDS WEST 2.66 FEET; NORTH 26 DEGREES 18 MINUTES 47 SECONDS WEST 209.58 FEET, crossing a 100.00 feet wide Transmission Line Easement conveyed to East Kentucky Power Cooperative, Inc. (Miscellaneous Book 035, Page 087 – now or formerly) to a ten (10) inch white oak (found – newly established), referenced by an iron pin (set), bearing SOUTH 26 DEGREES 18 MINUTES 47 SECONDS EAST 2.00 FEET;

Thence, continuing with the Hacker property boundary line and in part with the property boundary lines of Carl Barton (Deed Book 271, Page 012 – now or formerly) and Charles Barton (Deed Book 281, Page 141 - now or formerly) the following bearings and distances:

NORTH 18 DEGREES 42 MINUTES 03 SECONDS WEST 489.63 FEET to a twenty-eight (28) inch white oak (found-newly established), referenced by an iron pin (set), bearing NORTH 16 DEGREES 45 MINUTES 21 SECONDS WEST 2.00 FEET;

NORTH 16 DEGREES 45 MINUTES 21 SECONDS WEST 303.77 FEET to an iron pin (set), located fifteen (15.0) feet south from the approximate centerline of Incline Road, CR #1076 (no record right-of-way found), referenced by a one (1) inch metal pipe (found), bearing SOUTH 16 DEGREES 45 MINUTES 21 SECONDS EAST 3.44 FEET;

Thence leaving the Charles Barton property boundary corner and meandering fifteen (15.0) feet south from the approximate centerline of Incline Road, the following bearings and distances:

SOUTH 75 DEGREES 43 MINUTES 07 SECONDS WEST 68.04 FEET; SOUTH 73 DEGREES 10 MINUTES 22 SECONDS WEST 98.98 FEET; SOUTH 72 DEGREES 43 MINUTES 47 SECONDS WEST 100.69 FEET; SOUTH 73 DEGREES 00 MINUTES 20 SECONDS WEST 122.64 FEET; SOUTH 71 DEGREES 17 MINUTES 15 SECONDS WEST 85.52 FEET; SOUTH 66 DEGREES 19 MINUTES 57 SECONDS WEST 151.25 FEET to an iron rebar with plastic cap stamped #1960 (found), located fifteen (15.0) feet south from the approximate centerline of Incline Road; Said iron rebar also being a property boundary corner of Don Moberly (Deed Book 389, Page 333 – now or formerly);

Thence, leaving Incline Road and with the Moberly property boundary line, the following bearings and distances;

SOUTH 00 DEGREES 22 MINUTES 44 SECONDS WEST 99.89 FEET to an iron rebar with plastic cap stamped #1960 (found – record);

NORTH 66 DEGREES 06 MINUTES 16 SECONDS EAST 106.37 FEET to an iron rebar with plastic cap stamped #1960 (found – record), located at the base of a metal “T” post (found); SOUTH 01 DEGREES 20 MINUTES 30 SECONDS WEST 350.14 FEET to an iron pin (set); SOUTH 42 DEGREES 38 MINUTES 54 SECONDS WEST 230.00 FEET to a car axle (set), located in a maple stump hole (found – record); Said car axle also being a property boundary corner of William and Justine Craft (Deed Book 388, Page 600 – now or formerly);

Thence, leaving the Moberly property boundary corner and with the Craft property boundary line, SOUTH 76 DEGREES 20 MINUTES 08 SECONDS WEST 205.23 FEET to a twenty-four (24) inch white oak (found-record), referenced by an iron pin (set), bearing SOUTH 29 DEGREES 38 MINUTES 37 SECONDS EAST 1.39 FEET; Said white oak also being a property boundary corner of Cathy Curtis (Deed Book 388, Page 571 – now or formerly);

Thence, leaving the Craft property boundary corner and with the Curtis property boundary line, SOUTH 09 DEGREES 01 MINUTES 08 SECONDS WEST 309.75 FEET to a three-fourths (3/4) inch metal pipe (found); Said metal pipe also being a property boundary corner of Marvin and Joyce Hubbard (Deed Book 345, Page 479 – now or formerly);

Thence leaving the Curtis property boundary corner and with the Hubbard property boundary line, SOUTH 02 DEGREES 42 MINUTES 57 SECONDS WEST 35.87 FEET to a five-eights (5/8) inch iron pin with no identification cap (found), located in the approximate centerline of a small unnamed branch; Said iron pin also being a property boundary corner of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly);

Thence leaving the Hubbard property boundary corner and with the Watson property boundary lines, the following bearings and distances;

NORTH 73 DEGREES 31 MINUTES 23 SECONDS EAST 678.88 FEET to an iron pin (set), located on the north side of a twenty (20.0) feet right-of-way, located from the Buford and Jenniffer Watson property tract northwardly to Incline Road;

SOUTH 02 DEGREES 02 MINUTES 12 SECONDS EAST 51.65 FEET, crossing the southern end of the said right-of-way, to a crosstie fence post (found – record), referenced by an iron pin (set), bearing NORTH 01 DEGREES 18 MINUTES 11 SECONDS EAST 0.57 FEET; said crosstie post also being a property boundary corner of Buford and Jenniffer Watson (Deed Book 272, Page 333 - now or formerly);

Thence, with the Watson property boundary line, SOUTH 02 DEGREES 02 MINUTES 12 SECONDS EAST 512.60 FEET to an iron rebar with plastic cap stamped #3301 (found – record), located at the base of a crosstie fence post (found); Said iron rebar also being a property boundary corner of Dennis and Debbie Hart (Deed Book 487, Page 549 – now or formerly;

Thence, leaving the Watson property boundary corner and with the Hart property boundary line, the following bearings and distances:

NORTH 86 DEGREES 06 MINUTES 45 SECONDS EAST 470.16 FEET, crossing a one hundred (100.0) feet wide Transmission Line Easement conveyed to East Kentucky Power Cooperative, Inc. (Miscellaneous Book 035, Page 087 – now or formerly), to an iron rebar with plastic cap stamped #3301 (found – record), located at the base of a ten (10) inch white oak; NORTH 77 DEGREES 17 MINUTES 48 SECONDS EAST 187.80 FEET to an iron rebar with plastic cap stamped #3301 (found – record), located at the base of a twenty (20) inch black oak (found;

NORTH 67 DEGREES 20 MINUTES 46 SECONDS EAST 189.66 FEET to an iron rebar with plastic cap stamped #3301 (found – record);

NORTH 36 DEGREES 24 MINUTES 45 SECONDS EAST 75.20 FEET to the corner of the beginning containing 26.668 ACRES, more or less, as described by a property boundary survey completed April 11, 2011, by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581, being the same tract or real property conveyed by deed to Joan Angel, Joy Brock and Jeffery Prewitt from Earnie B. Prewitt and Edith Prewitt, husband and wife, duly recorded in Deed Book 379, Page 258, of record in the Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

There is herein RESERVED, a twenty (20.0) feet wide right-of-way, originally conveyed by deed to Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly), beginning at the east property boundary line of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly), northwardly through and upon the heretofore described 26.668 acre tract to the approximate centerline of Incline Road, CR #1076, being located ten (10.0) feet left and ten (10) feet right from the following described centerline:

BEGINNING at a right-of-way corner located at the intersection of the centerline of an existing twelve (12) feet wide gravel access road and the property boundary line of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly), referenced by an iron pin (set), bearing NORTH 02 DEGREES 02 MINUTES 12 SECONDS WEST 28.75 FEET and also referenced by a crosstie fence post (found), bearing SOUTH 02 DEGREES 02 MINUTES 12 SECONDS EAST 22.90 FEET; Said referenced iron pin being the northeast corner of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly) and the reference crosstie post also being a property boundary corner of the heretofore described 26.668 acre tract;

Thence, leaving the Watson property boundary line, through and upon the heretofore described 26.667 acre tract with the existing gravel access road, the following bearings and distances:

NORTH 44 DEGREES 29 MINUTES 07 SECONDS EAST 154.86 FEET; NORTH 33 DEGREES 02 MINUTES 39 SECONDS EAST 46.45 FEET; NORTH 00 DEGREES 37 MINUTES 17 SECONDS EAST 51.12 FEET; NORTH 03 DEGREES 48 MINUTES 56 SECONDS WEST 168.69 FEET; NORTH 21 DEGREES 48 MINUTES 57 SECONDS WEST 64.61 FEET; NORTH 03 DEGREES 48 MINUTES 56 SECONDS WEST 54.75 FEET; NORTH 35 DEGREES 41 MINUTES 15 SECONDS EAST 61.46 FEET; NORTH 32 DEGREES 36 MINUTES 28 SECONDS EAST 67.00 FEET; NORTH 13 DEGREES 54 MINUTES 27 SECONDS EAST 134.10 FEET to a right-of-way corner, located in the approximate centerline of the existing gravel access road;

Thence, leaving the centerline of the existing gravel access road, NORTH 09 DEGREES 15 MINUTES 56 SECONDS WEST 270.22 FEET to a right-of-way corner located in the centerline of Incline Road, CR #1076, referenced by an iron pin (set), bearing NORTH 81 DEGREES 38 MINUTES 10 SECONDS WEST 103.63 FEET, being the END of the twenty (20) feet wide right-of-way centerline as described by a right-of-way survey completed April 8, 2011, by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581, being the same right-of-way originally conveyed by deed to Jenniffer Watson and her husband, Buford Watson from Earnie B. Prewitt and Edith Prewitt, husband and wife, duly recorded in Deed Book 378, Page 703, records of the Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

BEING THE SAME PROPERTY CONVEYED to Joan Angel, Joy Brock, and Jeffery Prewitt, by Deed of Conveyance dated May 30, 1995, from Earnie B. Prewitt and his wife, Edith Prewitt, and recorded in Deed Book 379, Page 258 of the Whitley County Clerk’s Office.

HUNTINGTON ENERGY CORPORATION RIGHT-OF-WAY EASEMENT:

There is a Right-of-Way Easement dated May 23, 1990, between Huntington Energy Corporation and Ernie and Edith Prewitt of Route 2, Box 151A, Corbin, Kentucky 40701, for a consideration of Two Thousand Dollars, ($2,000.00) which states as follows:

The purpose of this right of way is to connect the R.L. Owens well to the Molly Phelps well.  This right of way is to be fifteen feet (15’) in width and will contain a three inch (3”) plastic natural gas line and one metal drip.  Mr. Prewitt, at his discretion, may lay a water line in this ditch.  This easement will be in effect for as long as gas is transported through this line.  At any time this line is inactive for six consecutive months, it will revert to Mr. Prewitt.

Huntington Energy Corporation will provide two taps for Mr. Prewitt and J.R. and Jennnifer Watson of Route 2 Box 151D-1, Corbin, Kentucky 40701.  The above mentioned property owners will be responsible for all hookups, meters and connections.

Huntington Energy Corporation agrees to sell Mr. Prewitt and Mr. Watson natural gas, as long as it is available, for one-half the residential price per mcf for natural gas that Delta Natural Gas sells in Corbin. Any additional homes on to the Prewitt property can be tapped to one of the original taps.  If for some reason the R.L. Owens well is dry, the Prewitt’s and Watson’s may substitute the Owens gas by using the Molly Phelps gas.

This easement is for a pipeline and drip only and does not have provisions for any dehydrators, compressors or any other mechanical devices.

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 Kentucky ad valorem taxes for the year 2012, and 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. 12-CI-00622

JPMorgan Chase Bank, National Association, PLAINTIFF, VS. Herbert Waybe Shelton; and Sally June Shelton, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on 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 Defendants, Herbert Waybe Shelton and Sally June Shelton, plus costs is as follows:

(1) The principal sum in the amount of $78,493.26, plus interest on the principal sum at the rate of 5.5% per annum from April 1, 2012 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: 7618 Cumberland Falls Highway, Corbin, KY 40701.

Parcel Number: 069-00-00-069.00

The following real property located in Whitley County, KY, and more particularly described as follows:

Being on a black pine sprout at the edge of the right of way of Cumberland Pike, about 35 feet N. E. of drain tile, under said pike; thence 16 poles with said pike a S.W. course to Bob Brown’s corner, a stone; thence with Bob Brown’s line about a West course 206 feet to stone at Bob Brown’s corner; thence with straight line about 22 poles the Beginning.

Being the same property conveyed to Herbert Wayne Shelton and Sally June Shelton, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Thomas Winder and Sandra Winder, husband and wife, dated September 23, 2009, filed October 6, 2009, recorded in Deed Book 492, Page 450,  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 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. 12-CI-508

L&N FEDERAL CREDIT UNION, PLAINTIFF, VS. LOIS A. CARR, DEFENDANT.

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 Monday, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the Defendant, Lois A. Carr is as follows:

(1) The sum in the amount of $89,175.67, plus interest on the principal balance of $88,186.43 at the contract rate of 5.50% per annum from July 28, 2012 until paid, representing the amount due pursuant to the terms and conditions of said note #1.

(2) The Defendant is indebted for the principal, interest and late charges in the additional amount of $9,574.61, plus interest on the principal balance of $9,478.27 at the contract rate of 7.00% per annum from July 28, 2012 until paid, representing the amount due pursuant to the terms and conditions of said note #2; plus costs expended in the amount of $404.00, and attorney fees in the amount of $2,070.00.

Property Address is: 208 Old Hightop Road, Corbin, Whitley County, Kentucky, and more particularly described as follows:

Being Lot #C-1 in Woodlawn Estates of Corbin, Whitley County, Kentucky, a map or plat of which is recorded in Map Book #2, Page #4, Whitley County Court Clerk’s Office, to which reference is now made for complete description.

Also:  A portion of Lot #C-2 of Woodlawn Estates of Corbin, Whitley County, Kentucky and being more particularly described as follows:

BEGINNING at the southwest corner of Lot C-1 located on the east right of way of Catalina Drive; thence running with the south line of Lot C-1 100 feet to a point on the Daniel line; thence running with the Daniel line south 60 feet; thence leaving the Daniel line and running through Lot C-2 100 feet to the east right of way line of Catalina Drive; thence running north with Catalina Drive 60 feet to the point of beginning and containing approximately 0.14 acre more or less, by survey of Harold W. Gibson, Ky. RLS No. 2541.

BEING ALL THE SAME LAND acquired by Teddy W. Carr (deceased August 28, 2006) and Lois A. Carr, husband and wife, as joint tenants with rights of survivorship, by deed of conveyance from Brian K. Booth and Ramona J. Booth, husband and wife, dated November 8, 1996 and recorded in Deed Book 389, at page 259, in the office of the Whitley County Clerk at Williamsburg, 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 sixty (60) 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 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 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