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Legal Notices for 3/13/13, page 2


 

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 p