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Legal Notices for 3/6/13, page 3


 

 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. #video_holder { margin-top:0px; } #toppanel { top:-20px} .tab {clear:both;float:right;} #content-wrap { top:10px; }