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 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

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