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Legal Notices for 3/6/13, page 2



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