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Legal Notices for 3/6/13, page 1



 

 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.

This is the final advertisement of the application. 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.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. HWY 25W, Williamsburg, KY  40769 has applied for a Phase 1 Bond Release of Increments 1, 2, and 3 of Permit #918-0412, which was last issued on December 28, 2011.  The application covers an area of approximately 200 acres located 1.5 miles northwest of Frakes in Whitley County.

The permit area is approximately 0.8 miles northeast from Mud Creek Road’s junction with KY 1595 and located along Doolin Branch.  The latitude is 36o 39’ 08”.  The Longitude is 83o 57’ 16”.

The bond now in effect on Increment 1 is a Letter of Credit for $22,400. For Increment 2, the current bond is a Letter of Credit in the amount of $252,700 and the Kentucky Bond Pool, totaling $257,700. The bond now in effect on Increment 3 is a Letter of Credit and the Kentucky Bond Pool, totaling $110,100. Approximately 60% of the original bond amount ($390,200), is included in the application for release.

Reclamation work performed includes:  backfilling, grading, fertilizing, seeding and mulching, completed in November of 2012.

Written comments, objections or requests for a public or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by April 27, 2013.

A public hearing on the application has been scheduled for April 30, 2013, at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229.  The hearing will be cancelled if no request for hearing or informal conference is received by April 27, 2013.

 

 

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-5350, Amendment #3

In accordance with the provisions of KRS 350.070, notice is hereby given that Alden Resources, LLC of 332 W. Cumberland Gap Parkway, Corbin, Ky. 40701 has applied for an amendment to an existing underground coal mining and reclamation operation located approximately 2.0 miles due east of Goins in Knox and Whitley counties. The amendment will add 28.5 acres of surface disturbance and will underlie an additional 274.6 acres of underground area, making a total of 1443.30 acres within the amended permit boundary.

The proposed amendment area is approximately 3.3 miles east of the junction of KY 92 and Harpes Creek Road and located 0.5 miles north of Harpes Creek. The latitude is 36° 41’ 58.1”. The longitude is 83° 54’ 08.1”.

The proposed amendment is located on the Frakes U.S.G.S. 7 1/2 minute quadrangle map. The surface area to be disturbed by the amendment is owned by Antony Greene. The amendment will underlie land owned by Boone Forestlands, LLC, Mark & Wanda Bennett, Ernest Shelton, Joe Sire Mahan Heirs c/o Sandra Faye Sullivan and Roy Mahan c/o Kathy Hauser. The operation will use the underground mining method. 

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  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

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

 

NOTICE

TO: BETTY WOODS

You are hereby notified that you were named a defendant in Civil Action No. 13-CI-00080, filed on February 14, 2013 in the Whitley Circuit Court, styled: Vanderbilt Mortgage and Finance, Inc. vs. Edward O. Veach; Angela N. Banks; Unknown Spouse of Edward O. Veach; Ruth Rose; Betty Woods; Tax Ease Lien Servicing LLC; and County of Whitley, Kentucky. I have been appointed Warning Order Attorney to notify you of the nature and pendency of this action.

The Plaintiffs are seeking a judgment and Order of sale of a 2010 Giles mobile home and real property located at 3772 Whetstone Road, Rockhold, Kentucky, by the Master Commissioner. You were named a party to the lawsuit as you may have an interest or right in the subject real property and should come forward and assert your interest or be forever barred from doing so. As the Court appointed Warning Order Attorney, my duty and responsibility ceases with informing you of the action. You should contact an attorney of your choice to file an answer on your behalf as soon as possible.

HON. KIMBERLY FROST, ATTORNEY AT LAW

201 MAIN STREET, PO BOX 72, WILLIAMSBURG, KY 40769

TELEPHONE: (606) 539-0881

 

NOTICE:

Douglas Mark Holloway, (address unknown), has been appointed executor over the estate of James D. Holloway, deceased.

Lola Greer, 158 Burnett Street, Williamsburg, KY 40769 has been appointed Administratrix over the estate of Oda Bargo, deceased.

Carol J. Keeling, 1664 Cripple Creek Road, Rockholds, Kentucky 40759 has been appointed administratrix over the estate of James Willard Keeling, deceased.

Unis Broyles, 9965 Hwy 26, Rockholds, Kentucky 40759 has been appointed Executrix over the estate of Flora Brummett, deceased.

Janice Smosny, 270 E. 320 Street, Willowick, Ohio 44095 has been appointed executrix over the estate of Gary Moses, deceased.

William J. Powers, 215 Mountain View Road, Williamsburg, Kentucky 40769 has been appointed administrator over the estate of Sandra L. Powers, deceased.

Tammy Marie Croley, 45 N 12th Street, Williamsburg, Kentucky 40769 has been appointed administratrix over the estate of Glennis Carrol Croley, deceased.

Betty Ruth Cox, 1507 Main Street, Williamsburg, Kentucky 40769 has been appointed executrix over the estate of Docie Woolum, deceased.

Betty Ruth Cox, 1507 Main Street, Williamsburg, Kentucky 40769 has been appointed executrix over the estate of Frank Woolum, deceased.

Donald Lay, 672 Poplar Avenue, Jellico, Tennessee 37762 has been appointed Executor over the estate of Cecillea Hill, deceased.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS, WILLIAMSBURG, KY 40769

 

NOTICE:

Final settlement has been filed in the estate of Edna Moses, deceased, by Theodore Moses, executor. A final hearing will be held on April 2, 2013 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, Kentucky.

Final settlement has been filed in the estate of Nona H. Dillon, deceased, by Terry Dillon, Administrator. A final hearing will be held April 2, 2013 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, Kentucky.

Exceptions, if any, must be filed prior to April 2, 2013.

The hearing will be held at 1:00 PM in the Whitley District Court, Williamsburg, Kentucky.

Given under my hand this 28th day of February, 2013.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS, WILLIAMSBURG, KY 40769

 

NOTICE:

Charles D. McKeehan has filed the final settlement for the estate of Kenneth McKeehan; Maxine Lawson has filed the final settlement for the estate of Wilma Francioni; Brenda Bishop has filed the final settlement for the estate of Opal Bee; Bobbie Paul has filed the final settlement for the estate of Floie Burke.

Exceptions, if any, must be filed prior to April 1, 2013.

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

Given under my hand this 28th day of February 2013.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS, WILLIAMSBURG, KY 40769

 

NOTICE:

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

Jacob Pennington, 1104 S KY Ave., Corbin, KY 40701 has been appointed administrator for the estate of Kathy Smith Hubbs, deceased, Whitley Co., Ky. Hon. David O. Smith, PO Box 699, Corbin, KY 40702, atty for said estate.

Mark Anthony Fraley, PO Box 815, Williamsburg, KY 40769 has been appointed executor for the estate of Joyce Dale Fraley, deceased, Whitley Co, Ky. Hon. Wesley Hoskins, 718 18th St., Corbin, KY 40701, atty for said estate.

Edith Powers, 229 Jims Lane, Corbin, KY has been appointed administratrix for the estate of Jerry D. Powers, deceased, Whitley Co Ky., Hon. Wesley Hoskins, 718 18th St., Corbin, KY 40701, atty for said estate.

Terrell Monhollen, 1329 Gordon Hill, Corbin, KY has been appointed administrator for the estate of June Monhollen, deceased, Whitley Co., Ky.

Esther Maher, 5 Shadybrook Ln., Corbin, KY 40701 has been appointed executrix for the estate of William J. Maher on Feb. 11, 2013, no att for said estate.

Alice Pennington Crawford, 585 23rd St., Corbin, KY 40701 has been appointed executrix, February 4th 2013, over the estate of Janrose Eaton Pennington (deceased), att for said estate is David S. Hoskins, PO Box 1185, Corbin, KY 40702.

Brian Abner, 739 Trace Branch Rd, Barbourville KY 40701 was appointed administrator, Feb 18, 2013 over the estate of Lisa Abner (deceased), Emmett D. Clifford, PO Box 6, Corbin, KY 40702, is attorney for said estate.

Autumn Karr, 8444 Persimmon Grove, Alexandria, KY 41001 has been appointed administratrix Feb 18th 2013 over the estate of Henry C. Helton (deceased), Wesley R. Tipton, PO Box 1284, Corbin, KY 40702, is attorney for said estate.

Carol M. Marvel, 139 Ridge Point Lane, Corbin, KY 40701 was appointed executrix Feb. 18th 2013, over the estate of Charles P. Marvel (deceased), Marcus Lanover, 48 Public Square, Somerset, KY 42501 is att for said estate.

Hershel J. Morris Jr, 2075 Johnwatts Rd., Nicholasville KY 40356 has been appointed administrator, Feb 18th 2013, over the estate of Gladys Morris (deceased), David B. Mour, 401 W Main St., Louisville KY 40202 is att for said estate.

Catherine Maiden, 19228 Hwy 190, Frakes KY 40940 has been appointed executrix, Feb 19th 2013 for the estate of Oscar Bud Partin (deceased), Martha Copeland, PO Box 1580, Corbin KY 40702, is att for said estate.

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 28th day of February 2013.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS, WHITLEY COUNTY, WILLIAMSBURG KY 40769

 

NOTICE OF BOND SALE

WHITLEY COUNTY, KENTUCKY

GENERAL OBLIGATION REFUNDING BONDS - SERIES 2013

The Judge/Executive of Whitley County, Kentucky will until 11:00 a.m., local time, on March 26, 2013, receive sealed competitive bids for the purchase of Whitley County, Kentucky General Obligation Refunding Bonds, Series 2013, in a par amount not to exceed $8,000,000 (the “Bonds”). Official bid terms, bid form and Preliminary Official Statement are available from the Civic Finance Advisors web site at www.civic-finance.com.

/s/ Whitley County Judge/ExecutiVE

 

PUBLIC NOTICE

Notice is hereby given that the City of Williamsburg has filed an application with the Energy and Environment Cabinet to construct a gravity sewer crossing of Briar Creek, adjacent to the existing bridge on 10th Street in preparation for a Kentucky Department of Highways roadway and bridge improvements project to begin in the Fall of 2013. The project is located along and adjacent to 10th Street from Highway 92 to just north of 2nd Street. Any comments or objections concerning this application shall be directed to: The Kentucky Division of Water, Surface Water Permit Branch, Flood Plain management Section at 200 Fair Oaks Lane, Frankfort, Kentucky 40601. Phone: (502) 564-3410.

 

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.

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 II

CIVIL ACTION NO. 12-CI-741

FORCHT BANK, NA SUCCESSOR-IN-INTEREST TO TRI-COUNTY NATIONAL BANK, PLAINTIFF, VS UNKNOWN HEIRS AND NEXT OF KIN OF HAZEL R. HARMON, DECEASED and THE UNKNOWN HEIRS AND NEXT OF KIN OF HER HUSBAND, DAVID HARMON, deceased; CAPITAL ONE BANK (USA)NA;  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 January 22, 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, plus costs, is as follows:

(1) The sum in the amount of $55,485.46, as of January 14, 2013, plus interest at the rate of 5.99% 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:   130 Southwood Estates, Corbin, KY 40701.

Being Lot No. 31, 32, and 33 in the Southwood Estates, as shown by map or plat of said subdivision duly recorded in Plat Book 3, Page 41, Whitley County Court Clerk’s Office and reference is now made to said Plat Book and Page for a more particular description thereof.

The above numbered lots are subject to those restrictions set forth on said map or play of record in the above reference Plat Book 3, Page 41, Whitley County Court Clerk’s Office.

Being the same property conveyed to Lorene Weatherford, single (now deceased) and Hazel R. Harmon, by deed from Bessie Yates, widow, dated August 29, 2003, and recorded in Deed Book 446, Page 274 in 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 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-797

FORCHT BANK, NA, PLAINTIFF VS. ALICIA D. GIBSON, ET AL, DEFENDANTS

NOTICE OF COMMMISSIONER’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 Defendant, Alicia D. Gibson, plus costs, is as follows:

(1) The sum in the amount of $27,215.29, as of December 6, 2012, plus interest at the rate of 8.75% per annum ($6.406227 per day) until the date of judgment and thereafter at the judgment rate of 12% per annum until paid.

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

PROPERTY ADDRESS:  514  Letha Petrey Road, Williamsburg, KY 40769.

Tax/Parcel ID: 055-00-00-055.29

BEGINNING at a corner stone at the county road and the James Petrey line; thence North 175 feet to a corner stone at the corner common to the James Petrey line and the grantors’ property herein; thence East 114 feet to a corner stone at the grantor’s property herein; thence South 175 ft. to a corner stone, corner of the grantors’ property herein and the county road; thence West 114 feet with the county road to a corner stone at the BEGINNING.

BEING THE SAME PROPERTY conveyed to Alicia D. Gibson, single, by deed from Wendell Canada and his wife, Barbara Canada, dated June 23, 2009 and recorded in Deed Book 490, Page 640 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 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. II

CIVIL ACTION NO. 12-CI-00370

SPRINGLEAF HOME EQUITY, INC., FKA AMERICAN GENERAL HOME EQUITY, INC.,  PLAINTIFF, VS. PAMELA M. SASSER; DENNIS SASSER; AND 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 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, March 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Pamela M. Sasser and Dennis Sasser, plus costs is as follows:

(1) The principal sum in the amount of $111,680.79, plus attorney fees in the amount of $1,700.00 for a total of $113,380.79, together with interest at the rate of 8.85% (variable) per annum from May 1, 2010, until paid, plus the costs herein and any sums expended by Plaintiff for insurance, ad valorem taxes or for preservation of the real estate until date of sale.

(2) There is also due and owing to the Plaintiff, from the Defendants, Pamela M. Sasser and Dennis Sasser, upon the Line of Credit Agreement in the principal sum of $7,982.97, together with interest at the rate of 16.00% (fixed) per annum from June 25, 2010, until paid, plus costs herein and any sums expended by Plaintiff for insurance, ad valorem taxes or for preservation of the real estate until date of sale.

(3) There is a 2000 Fleetwood doublewide manufactured/mobile home, Model STNRDGL, VIN# NFLY27AB22413SR12 that is to be included with the real property.

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

Property Address: 677 South Highway 1064, Woodbine, KY 40771.

PIDN 156-00-00-011.01

SITUATE IN THE COUNTY OF WHITLEY AND THE COMMONWEALTH OF KENTUCKY, TO-WIT:

THE PROPERTY IS LOCATED ABOUT 1-1/2 MILES SOUTH OF KY 6 ON THE MEADOW CREEK ROAD (KY 1064).

BEGINNING ON AN IRON PIN (I.P.) 25 FEET FROM THE CENTER LINE (C.L.) OF THE MEADOW CREEK ROAD LOCATED SOUTH 34° 40’ 18” WEST 418.18 FEET FROM AN EXISTING SET STONE IN AN AGREED FENCE LINE BETWEEN HAROLD HARMON (PARENT TRACT FOR THIS PROPERTY) AND HIS BROTHER, CLAUDE HARMON; THENCE WITH THE R/W SOUTH 46° 08’ 40” WEST 179.49 FEET TO AN I.P. SET 25 FEET FROM THE C/L OF THE HIGHWAY ALSO AN AGREED CORNER WITH JOHN SWAFFORD AND BRENDA SUE (WIFE). THENCE AN AGREED LINE UP THE HILL NORTH 51° 19’ 51” WEST 259 FEET CROSSING A DITCH AND A WIRE FENCE TO AN I.P. SET, THENCE LEAVING SWAFFORD AND WITH SHARON LEE HARMON 394/138 NORTH 48° 56’ 15” WEST 16.58 FEET TO AN I.P. SET BELOW A GRAVEL ROAD AT THE TOE OF THE SLOPE, THENCE NORTH 66° 06’ 50” EAST 149.56 FEET WITH THE GRAVEL ROAD AND HARMON TO AN I.P. SET BELOW THE GRAVEL ROAD, THENCE SOUTH 81° 39’ 05” EAST 65.61 FEET TO AN I.P. SET, THENCE SOUTH 56° 06’ 12” EAST 173.73 FEET TO THE POINT OF BEGINNING CONTAINING 0.94 ACRES MORE OR LESS.

ALL I.P. SET ARE 3/8 INCH STEEL RODS WITH YELLOW CAPS MARKED “HS 3301” BEARINGS WERE BASED ON THE EXISTING SET STONE IN A LINE FENCE AS SURVEYED BY DONALD L. SATERFIELD LS# 1232 IN 1982 BETWEEN HAROLD HARMON AND HIS BROTHER, CLAUDE HARMON.

SURVEY AND DESCRIPTION BY HITECH ENGINEERING, INC., HARRISON SMITH, PE, PLS #3301, AUGUST 6, 1997.

Being the same property conveyed to Dennis Sasser and wife, Pamela M. Sasser, by Warranty Deed from Sharon Lee Harmon, unmarried, dated August 19, 1997, recorded August 23, 1997 at  in Deed Book 394, Page 659 of the 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 twenty percent (20%) 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-00452

JPMorgan Chase Bank, National Association, PLAINTIFF, VS. Rosealee J. Gilley, 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, Rosealee J. Gilley, plus costs is as follows:

(1) The principal sum in the amount of $55,218.71, plus interest on the principal sum at the rate of 5.5% per annum from March 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.

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

Property Address: 709 South Kentucky Avenue, Corbin, Kentucky 40701.

Parcel Number: 137-41-24-012.00.

Fronting Sixty Two feet on Kentucky Ave. and extending 100 feet back.  Bounded on the West by Kentucky Ave., on the South by the property of Bird Mauney, on the East by the property of J.E. Allen, and on the North by the Eaton property.

Being the same property conveyed to Rosealee J. Gilley, a single woman who acquired title by virtue of a deed from Robin Reams and husband Ronald Smolka, dated June 16, 2009, filed June 24, 2009, recorded in Deed Book 490, Page 586, 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 II

CIVIL ACTION NO. 11-CI-503

TAX EASE LIEN SERVICING, LLC, PLAINTIFF VS. KEVIN W. EVANS, KATHERINE EVANS; ENERGAS RESOURCES, INC.; FORCHT BANK, NA, SUCCESSOR TO WILLIAMSBURG NATIONAL 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 January 22, 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, Kevin W. Evans and Katherine Evans, plus costs, is as follows:

(1) The sum in the amount of $27,932.88, as of December, 2012, plus interest at the rate of 9% 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:   430 Cane Creek Road, Williamsburg, KY 40769

BEGINNING at a steel stake in the county road in a branch; thence N 20 E 64 ft to a big elm tree in the branch; thence N 5 W 133 ft to a white oak on the point of the ridge; thence W 15 S 59 ft to a sweet gum and steel stake; thence W 5 S 100 ft to a steel stake in the filed below left of pond; thence S 45 W 147 ft to a steel stake in the field; thence S 35 E 138 ft to a steel stake in the County Road; thence with County Road E 25 N 117 ft to the point of BEGINNING.         

EXCEPTION:  Excepted herefrom and not conveyed by this instrument is the mineral rights for gas and oil and a 12 feet easement on East side of the lot for a lot above this tract.

BEING THE SAME PROPERTY conveyed to Mortgagor by deed  from Everett F. Davis and his wife, Zella M. Davis, dated September 21, 1995, recorded in Deed Book 381, Page 338 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 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 II

CIVIL ACTION NO. 12-CI-618

WHITAKER BANK, INC., PLAINTIFF VS. THE ESTATE OF JIMMY LEE VANCE, DECEASED, through JASON VANCE AND KIMBERLY RAHN, as CO-ADMINISTRATORS; JASON VANCE And his wife, KIM VANCE; KIMBERLY RAHN and her husband, WES RAHN; DONNA VANCE; FIRST NATIONAL BANK AND TRUST; JAMOS FUND 1, LP; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE; FORCHT BANK, NA; HOMETOWN BANK OF CORBIN, INC.; 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 December 17, 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, The Estate of Jimmy Lee Vance, deceased, and Donna Vance, plus costs, is as follows:

(1) The sum in the amount of $334,311.68 as of November 12, 2012, plus interest at the rate of 6.25% 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: 862 23rd Street & KY HWY 3041, Corbin, KY 40701.

TRACT I

A certain tract or parcel of land lying in the community of Corbin, Whitley County, Kentucky and being all of Tract I (second tract) and Tract II of the same tracts of land conveyed to Black Star Vending, Inc., by deed dated Apri1 23rd, 1997 and recorded in Deed Book 400 at page 335, records of the Whitley County Clerk’s office and more particularly described as follows: 

Beginning on a set iron pin and cap in the northern edge of Hart Hollow Road (15 feet from approximate centerline), said Pin being a corner common to Kenneth Hart (DB 288 pg 213, DB 202 Pg 461, DB 202 pg 414, DB 183 pg 007, and DB 370 pg 634), said pin also being located approximately 500 feet northwest of the intersection of Hart Hollow Road and KY Hwy 3041 (Corbin bypass) connector road, thence leaving Hart Hollow Road and with 2 calls common to said Hart N 16-56-35 E 659.92 feet to a set iron pin and cap, thence S 71-26-11 E 645.27 feet to a set iron pin and cap, thence continuing partially with line common to said Hart, and partially with line common to Roscoe Durham (DB 319 Pg 145) S 16-56-20 W 660.01 feet to a set iron pin and cap in the northern edge of Hart Hollow Road (15 feet from approximate centerline), thence leaving line common to said Durham and along the northern edge of Hart Hollow Road (15 feet from and parallel to approximate centerline) the following calls: N 74-09-45 W 131.20 feet to a point, thence N 77-39-55 W 132.24 feet to a point, thence N 74-26-31 W 68.77 feet to a point, thence N 68-05-50 W 143.27 feet to a point, thence N 64-44-21 W 130.61 feet to a point, thence N 70-27-26 W 41.42 feet to the point of beginning, Containing 9.95 acres by survey conducted on August 17, 2004 by Richard A. Reece, PLS# 3358 with H&R Surveying.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/2” by 18” iron pin with orange plastic cap stamped H&R PLS# 3358. All bearings given herein are referenced to the magnetic meridian as observed in the field on August 17, 2004 by taking random sight and turning angles therefrom.

TRACT 2

A certain tract or parcel of land lying in the community of Corbin, Whitley County, Kentucky, and being all of tract I of the same tracts of land conveyed to Black Star Vending, Inc. by deed dated April 23rd, 1997 and recorded in Deed book 400 at page 335, records of the Whitley County Court Clerk’s office and more particularly described as follows:

Beginning on a set iron pin and cap in the northern right of way fence of the Corbin by-pass (KY Highway 3041), said pin having approximate station of 236+23.01 (200 feet left), said pin also being a corner common to Kenneth Hart (DB 288 pg 213, DB 202 pg 461, DB 202 pg 414, DB 183 pg 007 and DB 370 pg 634), and located approximately 550 feet northwest of the intersection of Hart Hollow Road and KY Highway 3041 (Corbin bypass) connector road, thence leaving said right of way fence and with line common to said Hart N 32-22-19 E 73.14 feet to a set iron pin and cap in the southern edge of Hart Hollow Road (15 feet from approximate centerline), thence along the southern edge of said road (15 feet from and parallel to approximate centerline) the following calls: S 70-54-50 E 110.16 feet to a point, thence S 64-44-34 E 130.05 feet to a point, thence S 68-05-52 E 145.79 feet to a point, thence S 74-53-27 E 87.58 feet to a set iron pin and cap in the western edge of an old county road bed, thence leaving Hart Hollow Road and along the western edge of said old road bed S 35-01-24 W 128.78 feet to a set iron pin and cap in the northern right of way fence of the Corbin bypass, thence with said fence N 62-25-43 W 458.92 feet to the point of beginning, containing 1.03 acres by survey conducted on August 17, 2004 by Richard A. Reece, PLS# 3358 with H&R Surveying.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/2” by 18” iron pin with orange plastic cap stamped H&R PLS# 3358. AU bearings given herein are referenced to the magnetic meridian as observed in the field on August 17, 2004 by taking random sight and turning angles therefrom.

BEING ALL THE SAME LAND acquired by Jimmy L. Vance by deed of conveyance from Black Star Vending, Inc., a Kentucky Corporation dated September 20, 2004 and recorded in Deed Book 455, at page 618, in the office of the Whitley County Court 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 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 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 II

CIVIL ACTION NO. 12-CI-795

FIRST FINANCIAL CREDIT, INC., PLAINTIFF VS. DIEDRA D. PARTIN, single; COMMONWEALTH OF KENTUCKY, COURT OF JUSTICE; MID SOUTH CAPITAL PARTNERS, LP; 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 January 22, 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, Diedra D. Partin, plus costs, is as follows:

(1) The sum in the amount of $28,521.33 with a per diem of 7.75987, as of January 11, 2013, plus interest at the rate of 10.19% 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:   296 Brush Arbor Road, Williamsburg, KY 40769.

Lot #11 in Creekmore Subdivision on Brier Creek, in Whitley County, Williamsburg, Kentucky, metes and bounds as follows:

Commencing at a point 20’ southwest of the intersection of West Haven Drive, then S-31° 21’-E 273.81’ to an iron pin, the beginning; thence S-35-00-E 100.00 feet to an iron pin; thence S-55-00-W 218.41 feet to a point; thence N-35-00-W 100.00 feet to a point; thence N-55-00-E 218.41 feet to the BEGINNING containing ½ acre more or less.

BEING ALL THE SAME PROPERTY conveyed to Diedra D. Partin, by Deed dated May 26, 1989, from Steve R. Nicholson and his wife, Linda Nicholson, and recorded in Deed book 510, page 414 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 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-00680

Wells Fargo Bank, N.A., PLAINTIFF, VS. Jerome Terry; Rosetta Terry; and Ralph Terry,  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, Jerome Terry; Rosetta Terry and Ralph Terry, plus costs is as follows:

(1) The principal sum in the amount of $72,911.42, plus interest on the principal sum at the rate of 10.99% 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: 1450 Highway 1804, Williamsburg, Kentucky 40769

Parcel Number: 151-00-00-057.00

Lying and being in Whitley County, Kentucky, and more particularly described as follows:

Beginning at the corner of Earl Bryant line and HWY 1804; thence Southeast 183 feet with HWY 1804 to a concrete culvert in right of way of 1804; thence with Clay Faulkner line 200 feet North to large hickory in Jim Mills line; thence N 37 degrees 16 degrees W 183 feet to Carl Bryant line; thence N 56 degrees 57 degrees E 200 feet to Beginning.

Being the same property conveyed to Jerome Terry And Donna Terry, husband and wife, and Ralph Terry and Rosetta Terry, husband and wife who acquired title, as to a one-half undivided interest to each couple, with rights of survivorship, by virtue of a deed from Jerome Terry and Donna Terry, husband and wife, dated May 15, 2001, filed June 2, 2001, recorded in Deed Book 427, Page 76, County Clerk’s Office, Whitley County, Kentucky.

Donna Terry died on May 13, 2012, and pursuant to the survivorship clause on the vesting deed, all her rights, title and interest pass to Jerome Terry.

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 I

CIVIL ACTION NO. 12-CI-659

THE UNION BANK OF JELLICO, TENNESSEE,  PLAINTIFF VS. DAVID W. DEBERRY, a/k/a DAVID DEBERRY, And his wife, ALMA DEBERRY; COMMONWEALTH OF  KENTUCKY, OFFICE FOR LEGAL SERVICES FOR DEPARTMENT OF REVENUE; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on 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, David Deberry and Alma Deberry, plus costs, is as follows:

(1) The sum in the amount of $4,925.83 plus interest thereon at the rate of 10.75% per annum ($1.4043 per day) until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

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

PROPERTY ADDRESS:  2611 Sandy Flat Road, Williamsburg, KY 40769.

Map#: 152-00-00-36.00

Two tracts or parcels of land in Whitley County, Kentucky:

TRACT 1:

Beginning at Old County Road and stone corner and running South with Cox line to a stone corner at Durham’s line; thence running West  with  the Durham line to a stone corner, thence running with  the Huff line Northeast  to a stone corner at old County Road, the Beginning.

TRACT 2:

Beginning at a metal marker joining Jerry Carr’s line; thence 40 feet to a metal marker; thence North 210 feet to metal marker at driveway; thence East 88 feet to Jerry Carr’s line; thence South 217 feet running with Jerry Carr’s line to metal marker the Beginning.

There is also granted an eight foot right of way adjoining Grantor’s property for the purpose of ingress and egress by the Grantees, their heirs and assigns forever.

Being the same property conveyed to David DeBerry and wife, Alma DeBerry from Delphine Huff, by Deed dated August 16, 2001 of record in Deed Book 428 at Page 538, 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 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-653

UNION BANK, a/k/a THE UNION BANK OF JELLICO, TENNESSEE, PLAINTIFF VS: DONALD HOLLIS, a/k/a DONALD R. HOLLIS And his wife, JENNIFER HOLLIS, a/k/a JENNIFER L. HOLLIS; CHARLES R. HOLLIS, JR.; 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 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, Donald Hollis and Jennifer Hollis, plus costs, is as follows:

(1) The sum in the amount of $22,174.99 as of September 11, 2012, plus interest thereon at the rate of 6.2440 per day until date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

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

PROPERTY ADDRESS:   925 Airport Road, Williamsburg, Kentucky 40769

MAP NO.: 089-00-00-004.04

Being a 1.00 acre tract within the bounds of a 55.37 acre tract owned by Edythe Bowen as recorded in Deed Book 245, Page 381 in the Whitley Court Clerk’s Office. For further reference see the James H. & Edythe Bowen Plat recorded in Map Book No. 4, Page 231, Slide 389-B, Plat Cabinet No. 2 in said Clerk’s Office and more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a “pin and cap” is a set l/2” diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “KYLS-3192”.  All bearings stated herein are referred to the James H. and Edythe Bowen Plat previously referenced.

Beginning at a pin and cap in the right-of-way (15’ from centerline) of Airport Road, a common corner to the parent tract; thence with said road, S 88° 55’ 00” E, a distance of 126.09 feet to a pin and cap in the point of curvature of a non-tangent curve, concave to the south, having a radius of 976.07 feet a central angle of 7° 01’ 41”, and a chord of 119.65 feet bearing S 86° 16’ 50” E; thence easterly along said curve, a distance of 119.73 feet to a pin and cap in the right-of-way of Airport Road; a common corner to the parent tract and J.B. & Lois Strunk, Deed Book 371, Page 152; thence leaving said road and with said Strunk line S 24° 19’ 29” W, a distance 208 feet to a pin and cap; thence leaving said Strunk line and severing the parent boundary N. 85° 44’ 50” W, a distance of 206.19 feet to a pin and cap; thence N 13° 57’ 26” a distance of 190.00 feet to the point of beginning; and containing 1.00 acres, more or less, according to a survey by John Ledington, PLS #3192, on March 28, 1999. Said tract being the fourth lot (Lot No.4) parted off from the parent boundary.

THERE IS ALSO conveyed herein a 1999 Fleetwood 16x80 mobile home, VIN #INFLX55A740508013.

BEING THE SAME PROPERTY conveyed to Donald R. Hollis and his wife, Jennifer L. Hollis, by deed from Burley McFarland and his wife, Teresa McFarland, dated August 2, 2005, recorded in Deed Book 463, Page 765 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 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 II

CIVIL ACTION NO. 12-CI-779

UNION BANK a/k/a THE UNION BANK OF JELLICO, TENNESSEE, PLAINTIFF VS. JACOB HATFIELD, HEIR AND NEXT OF KIN OF MARK L. HATFIELD, Deceased; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 22, 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 In Rem Judgment against the Defendant, Jacob Hatfield, plus costs, is as follows:

(1) The sum in the amount of $12,980.99 as of November 15, 2012, plus interest thereon at the rate of 8% per annum until date of judgment and interest thereafter at the judgment rate of 12% per annum until paid in full.

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

PROPERTY ADDRESS: 5818 S. Highway 25 W, Williamsburg, Kentucky 40769.

Map #: 132-00-00-076.00

BEGINNING at the RR fence, near the overhead bridge; thence a north course 265 feet to a stone or stake on the south side of the old road; thence a straight line a south course approximately 1400 feet to a stake or stone at the river; thence a southeast course down the river 240 feet and eighteen inches (18”) to the L&N Railroad bridge; thence a northeast course with L&N Right of way line approximately 1300 feet to the BEGINNING, being Lot No. One of the said E.M. Jones Estate.

There is excepted from this tract of land a tract or parcel of land heretofore conveyed to Commonwealth of Kentucky for highway purposes, said parcel being described as follows:  Parcel No. 49.  All that part of said tract which lies within a distance of 50 feet on each side of the center line of said public road, between approximate Stations 334x45 and 248x58.

Also, the following parcels of land lying immediately adjacent to the above-described parcel, on the side, to the width and between the stations shown below:

Parcel: (a) From: 334X45 To: 338x00 Width: 20’ Side: left; Parcel: (b) From: 334x45 To: 341x50 Width: L&N Prop Line Side: right; Parcel: (c) From: 338x00 To: 340x50 Width: 30’ Side: left; Parcel: (d) From: 346x50 To: 348x58; Width: 15’ Side: right

There is also excepted from the above described tract of land all that certain tract or parcel of land heretofore sold and conveyed by the parties to Tom Byrd and wife, Clara Byrd, and their son, Lewis Byrd, by Deed of General Warranty January 31, 1949, and recorded in Deed Book 171, page 83, which is described as follows:

BEGINNING on an iron stake in the line of L&N Railroad Company right of way; thence in a westerly direction 166 feet to a black oak in the line of Eugene Hayes and U.S. Highway 25 W (new survey); thence 250 feet south along U.S. Highway 25W to a black oak, thence easterly direction 95 feet to the line of the L&N right of way; thence 153 feet back to the iron stake at the BEGINNING, with the said L&N right of way.

There is also excepted from the above parcel conveyed to James E. Foley and Kenneth Joe Foley by Audie Partin and wife, Peggy Sue Partin, by deed dated May 31, 1977, recorded in Deed Book 268, Page 141, Whitley County Clerk’s office.

SECOND TRACT:  Also a certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Clear Fork River and being bounded as follows:

BEGINNING on the north corner of Lot No. 1, by old road; thence south course with line of Lot No. 1, to the river and a stone; thence S.W. up said river 240 feet and 8 inches to a stone; thence N.E. course a straight line to a stone and agreed corner on south side of old road; thence with said road a south course 265 feet to a stone the BEGINNING corner.

There is excepted from the above parcel a certain tract or parcel of land conveyed to Gladys Hatmaker, et al., by Audie Partin and wife, Anna Mae Partin by deed dated 2-16-67 and recorded in Deed Book 221, Page 617, Whitley County Court Clerk’s office.

There is also excepted from the above parcel a certain tract conveyed to Frank Bryant and wife, Beulah Bryant, by Audie Partin and wife, Anna Mae Partin, by deed dated 2-16-67 and recorded in Deed Book 221, Page 619, Whitley County Clerk’s office.

Also excepted from the above tract is a parcel conveyed to J.W. Sharp and wife, Nola Sharpe, by Audie Partin and wife, Anna Mae Partin, by deed dated 7-29-67 and recorded in Deed Book 223, Page 348, Whitley County Clerk’s office.

BEING ALL THE SAME LAND acquired by Mortgagor by deed from Eric M. Hatfield, dated April 1, 2008, recorded in Deed Book 482, Page 674 of the Whitley County Court Clerk’s Office.  See also Affidavit of Descent of Virgil Hatfield, recorded April 1, 2008 in Deed Book 482, Page 674 of the Whitley County Court Clerk’s Office.   See also Affidavit of Descent of Virgil Hatfield, recorded April 1, 2008 in Deed Book 482, Page 672 of the Whitley County Court Clerk’s Office.  See Affidavit of Descent of Mark L. Hatfield who died intestate on September 3, 2012, recorded in Deed Book 512, Page 495 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 25th day of February, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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