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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 purc