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Legal Notices for 2/27/13, page 1


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 NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Fraziernantz, LLC, 541 Blakes Fork Rd., Williamsburg, KY 40769 has applied for a Phase I Bond Release on Permit Number 918-0432 which was last issued on June 11, 2012. The application covers an area of approximately 26.07 acres located 1.0 miles Southwest of Yaden in Whitley County.

The proposed operation is approximately 1.0 mile southwest from KY 904’s junction with Dal Road and located 0.1 mile west of the Cumberland River. The Latitude is 36-43-23 and the Longitude is 84-06-20.

The bond now in effect for increments 1, 2, 3 and is a total of $122,600 which is a Letter of Credit bond. Approximately 60% of the original bond amount of $122,600.00 is included in the application for release.

Reclamation work performed includes: Backfilling, grading, fertilizing, seeding, and mulching was completed in October of 2012.

Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by April 5th, 2013 @ 9:00 a.m.

A public hearing on the application has been scheduled for April 8th, 2013 @ 9:00 a.m. at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Ofice, Regional State Office Building, 1804 E Cumberland, Middlesboro, KY 40906. The hearing will be canceled if no request for a hearing or informal conference is received by April 5th, 2013 @ 9:15 a.m.

 

COMMONWEALTH OF KENTUCKY

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

CIVIL ACTION NO. 11-CI-00780

Sequoia Financial Solutions, Inc., PLAINTIFF VS. Jason M. Anderson aka Jason Anderson; Danelle E. Anderson aka Danelle Anderson; Tammy Podsiad, as Vendee; James Podsiad, as Vendee; Rusty Surgener, as Vendee; Pam Lawson, as Vendee; Commonwealth of Kentucky, Department of Revenue, Division of Collections; Branch Banking & Trust Company; And Asset Acceptance, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 4, 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, March 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Jason M. Anderson aka Jason Anderson and Danelle E. Anderson aka Danelle Anderson, plus costs is as follows:

(1) The principal sum in the amount of $66,301.06, plus interest on the principal sum at the rate of 6.875% per annum from March 15, 2010 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.

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

Property Address: 28 John Street, Williamsburg, Kentucky 40769

Parcel Number: 110-40-00-007.00

Beginning at the Northwest corner of Earnest Croley’s and John Street, North with John Street 66 feet to a stone; thence East 168 feet to Lee Siler and Mays corner; thence with Mays line South 100 feet to his Southeast corner; thence 30 feet to Earnest Croley’s Northeast corner; thence with his line 150 feet to John Street, the beginning.

There is a street 30 feet wide given by the party of the first part for free public use; street extends North from the main road.

Part of this lot that was originally bought from E. S. Moss and wife--on this part the mineral rights are held by E. S. Moss heirs.

Being the same property conveyed to Jason M. Anderson and Danelle E. Anderson, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Jason M. Anderson, and Danelle E. Brittain (now known as Anderson), husband and wife, dated October 18, 2004, filed October 22, 2004, recorded in Deed Book 456, Page 492, 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 25th day of February, 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-435

HSBC MORTGAGE SERVICES INC, PLAINTIFF, VS. CHARLES RICHARDS; AND THE UNKNOWN SPOUSE OF CHARLES RICHARDS; AND MID SOUTH CAPITAL PARTNERS, LP; AND KERSEY PROPERTIES, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 24, 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, March 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Charles Richards, plus costs, is as follows:

(1) The sum of $63,914.55 as of 02/01/2011 with interest at the rate of 9.65% per annum thereafter, attorney’s fees of $1,100.00, negative escrow, late fees, and costs thereafter until paid in full.

The said real property is located in Whitley County, Kentucky, to wit:

Property Address: 509 ½ Oak Avenue, Corbin, KY 40701.

Parcel number: 137-41-06-001.00

Beginning at a point in the East line of Oak Street at Herb’s corner; thence Eastward with Herb’s line 130 feet to the west line of any alley; thence northward with the west line of said alley 49 feet to a stake; thence westward, running parallel to the first line, 130 feet to the east line of Oak Street; thence southward with the east line of Oak Street 49 feet to the point of beginning.

Being the same property conveyed to Charles Richards, a single person, by deed dated December 2, 2005 and found of record in Deed Book 465, Page 661 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 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 successful bidder, 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 25th day of February, 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-00685

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Gerald Cope, Defendant.

NOTICE OF COMMISSIONER’S SALE

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

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

(1) The principal sum in the amount of $84,324.31, plus interest from 02/01/11 in the amount of $7,009.38, plus advances in the amount of $2,572.36, for a total in  the amount of $93,906.05, together with interest at the rate of 4.7500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,150.00, and for all other 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: 1004 Maple Lane, Corbin, KY 40701.

Being lots No. 79 and 80 on Block 3 of the Bruce Hammons Addition to the City of Corbin, Kentucky, 8 map or plot of which is duly recorded in Map Book 1, Page 158, Whitley County Clerk’s Office, and to which map reference is hereby made a more full and complete description of said lots.

Being the same property Gerald Cope, single obtained title to by deed dated 3/30/07, executed by Janet Snyder and Jim Snyder, of record in DB 476, at Pg. 278, in Whitley County Clerk’s office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 25th day of February, 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. 12-CI-489

FORCHT BANK, NA, PLAINTIFF VS. WENDELL R. CANADA, JR., a/k/a WENDELL RALPH CANADA, JR. and his wife, JESSICA CANADA; COMMONWEALTH OF KENTUCKY; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMMISSIONER’S SALE

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

The judgment against the Defendants, Wendell R. Canada, Jr., a/k/a Wendell Ralph Canada, Jr. and Jessica Canada, plus costs, is as follows:

(1) The sum in the amount of $38,332.05, plus interest thereon at the rate of 5.99% per annum ($6.210113 per day) from July 13, 2012 until the date of judgment and thereafter at the judgment rate of 12% per annum until paid.

(2) There is a 1994 Fleetwood mobile home, VIN 37190, included with the real property.

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

PROPERTY ADDRESS:   78 Letha Petrey Road, Williamsburg, KY 40769.

BEGINNING at a steel pin in the edge of the County Road at the corner common to Eddie Meadors and running in a northerly direction with the line of Meadors 380 feet to a steel pin; thence running in an easterly direction 150 feet to a steel pin; thence running in a southerly direction 374 feet to a steel pin; thence running in a westerly direction 178 feet with the County Road to the BEGINNING.

Being the same property conveyed to Wendell R. Canada, a/k/a Wendell R. Canada, Jr., a/k/a Wendell Ralph Canada, Jr., single, by deed from James K. Hensley and his wife, Ruby Hensley, dated August 8, 2001 recorded in Deed Book 429, Page 91 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. #video_holder { margin-top:0px; } #toppanel { top:-20px} .tab {clear:both;float:right;} #content-wrap { top:10px; }