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Legal Notices for 4/10/13, page 2


 

 conveyed by Virgie Alma Helton to Debbie Abrams by deed dated January 15, 1985, recorded in Deed Book 307, page 201, Whitley County Court Clerk’s Office and being more particularly described as follows to-wit:

BEGINNING at a stake at the edge of Hinkle Street (also known as Fairview Street) at the corner of the property owned by City Utilities Commission; thence with Hinkle Street in a Northwesterly direction 150 feet to a stake, a corner of the property this date conveyed by the grantor to Cathy Helton; thence with Cathy Helton’s Line in a Northeasterly direction 210 feet to a stake in the line of the property this date conveyed by grantor to Rick Helton; thence with the Rick Helton line in a Southeasterly direction 150 feet to a stake in the edge of the City Utilities Commission property; thence with the fence line of the City Utilities Commission line in Southwesterly direction 210 feet to the beginning.

EXCEPTION IV:

There is excepted from the above described property that certain tract conveyed by Virgie Alma Helton to Cathy Helton by deed dated January 15, 1985, recorded in Deed Book 307, page 203, Whitley County Court Clerk’s Office and being bounded and described as follows, to-wit:

BEGINNING at a stake at the edge of Hinkle Street (also known as Fairview Street) a corner of the property this date conveyed by grantor to Debbie Abrams; thence with Hinkle Street in a Northwesterly direction 105 feet to a stake in the Virgil H. Helton line; thence with the Virgil H. Helton line in a Northwesterly direction 210 feet to a stake in the line of property this date conveyed by grantor to Rick Helton; thence with the Rick Helton line in a Southeasterly direction 105 feet to a stake, corner of Debbie Abrams; thence with Debbie Abrams line in a Southwesterly direction 210 feet to the Beginning.

EXCEPTION V:

There is excepted from the above described property that certain tract conveyed by Virgil Helton and his wife, Virgie Alma Helton, to Virgil H. Helton by deed dated October 26, l964, recorded in Deed Book 217, pages 532-33, Whitley County Court Clerk’s Office and being bounded and described as follows, to-wit:

BEGINNING at a stake in the north line of Hinkle Street, which stake is located 14 feet east on the McHargue lot; thence eastward with the north line of the Hinkle Street 100 feet to a stake; thence northward 130 feet to a stake; thence westward 100 feet to a stake, thence southward 130 feet to a stake; the Beginning.

RIGHT-OF-WAY:

There is also conveyed to the Grantee herein a 14 feet right-of-way between the Virgil H. Helton and the McHargue (now Bill and Dorothy Centers) lots, for purposes of egress and ingress to the property conveyed herein, which right-of-way connects said property with Hinkle or Fairview Street.

Being the same property conveyed by Virgie Alma Helton, unmarried widow, to Rick Helton, by deed dated January 15, 1985 and recorded on January 15, 1985 at Deed Book 307, Page 205 of the Whitley County Clerk’s records.

Being the same property further conveyed by Donna R. Helton, unmarried woman, to Rick Helton, unmarried man, by deed dated October 15, 2008 and recorded on October 21, 2008 at Deed Book 486, Page 481 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 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 26th day of March, 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-00402

Deutsche Bank Trust Company Americas, as Trustee for RALI 2005-QS7, Plaintiff, VS. Sherry Bowen; Century Lending Company; Darian Bowen; Robert Baker; Trish Baker; Frankie Baker; April Baker; Unknown Defendants, who are the Heirs or Devisees or Legatees of Juanita Hendrickson & their Spouses and any Unknown Person who may have an interest in the Property which is the subject matter of this action, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 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, April 15, 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 principal sum in the amount of $49,228.24, plus interest from 01/1/12 in the amount of $1,501.17, plus advances in the amount of $260.99, plus late charges in the amount of $66.96, plus property inspection fees in the amount of $61.75, plus Brokers Price Opinion in the amount of $83.00, plus Escrow/Suspense Credit in the amount of -$237.67, for a total in  the amount of $50,964.44, together with interest at the rate of 6.2500 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 $1,350.00, 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: 1028 Gordon Hill Pike, Corbin, KY 40701.

Beginning at an iron pin set on the N margin of Gordon Hill road 65.0 feet W of the Otis Johnson corner, Deed Book 316, Page 218, thence leaving the road and with Lot One of Tract #1 N 17-16 E 210.16 feet to an iron pin; thence N 80-00’ West 43.00 feet to an iron pin, corner of Lot #1 of Tract #2, thence S 25 – 30’ 04” W 184.74 feet to an iron pin set on the N margin of Gordon Hill Road; thence S 66 – 00’ E 65.00 feet with the N margin of Gordon Hill Road to the point of beginning, containing 0.23 acres.

Being the same property that Juanita Hendrickson, single, obtained title to by deed dated April 28, 2005, of record in Deed Book 461, page 46, in 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 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 GMAC Mortgage, LLC 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 26th day of March, 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-00663

The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-5, Plaintiff, VS. James Sulfridge; Christina Sulfridge; Household Finance Corporation II; Countrywide Home Loans, Inc., Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 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, April 15, 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 principal sum in the amount of $75,017.73, plus interest from 09/1/07 in the amount of $28,942.01, plus advances in the amount of $19,315.92, for a total in  the amount of $123,275.66, together with interest at a variable percentage rate 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 $1,350.00, 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: 484 North 11th Street, Williamsburg, KY 40769.

BEGINNING at a utility pole stump in the east right-of-way line of Old Croley Bend Road; thence N 53 degree W along east right-of-way line of said Old Croley Bend Road (17’ from center line of paving) – 142.0’ to an iron pipe; thence along Bertha Richardson south and east property line N 49 degree 15’ E-100.0’ to a stone; thence S 41 degree E to the Bill Childress line at a branch; thence in a southwesterly direction with the branch to a utility pole stump, the beginning.

EXCEPTION: Excepted from the above property and not conveyed herein are all easements heretofore granted by the party of the first part and all previous owners of the above-described property, including, but no limited to the Right-of-way Easement conveyed to Martha Garland to Henry and Ota Pennington on September 10, 1970.

Being the same property conveyed to James Sulfridge and Christina Sulfridge, husband and wife, from C. Ray Martin and Pamela Martin, husband and wife, by deed dated May 16, 2005 and recorded May 18, 2005, in Deed Book 461 and Page 240, 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 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 26th day of March, 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. 11-CI-189

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC,  Plaintiff, VS. Kory J. Donlon; Karen S. Donlon, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, and a subsequent Order entered March 18, 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, April 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kory J. Donlon and Karen S. Donlon, plus costs, is as follows:

(1) The principal sum in the amount of $68,313.14, plus interest from 07/1/10 in the amount of $6,708.02, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,533.59, plus property inspection fees in the amount of $70.00, plus BPO in the amount of $78.00, plus property preservation in the amount of $14.00, plus late charges in the amount of $150.24, for a total in the amount of $77,866.99, together with interest at the rate of 5.7500 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 $1,100.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1016 West 5th Street, Corbin, KY 40701.

Beginning at a stone on south side of Fourth Street and running west about 60 feet more or less to a stone at Staniford’s line; thence with said Staniford’s line or fence south 19 1/2 poles more or less to a stone, thence east 62 feet more or less to an alley; thence north 19 1/2 poles more or less with said alley to the beginning.

BUT THERE IS EXCEPTED FROM THE FOREGOING that portion sold to Paul Green and Mae Green by deed dated March 31, 1956, and bounded and described as follows:

Beginning at a stone in Gibbs and Standifer line going north 84 feet to Fourth Street; then with Fourth Street east 65 feet more or less to alley; thence south with alley 76 feet to a stone; thence west 65 feet more or less to the beginning.

Being the same land conveyed to Kory J. Donlon and wife, Karen S. Donlon by Angela Siler f/k/a Angela Wade and husband Larry Siler by deed dated the 27 day of July, 2005, and of record in Deed Book 463, Page 174, 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 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 26th day of March, 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-00272

FORCHT BANK, NA, PLAINTIFF, VS. MARY A. ROSE-WILSON and her Husband, STANLEY WILSON; 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 June 11, 2012, and a subsequent Order entered February 18, 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, April 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Mary A. Rose-Wilson, plus costs, is as follows:

(1) The sum in the amount of $35,560.30, as of May 31, 2012, plus interest at a rate of 9.59% per annum until the date of Judgment and thereafter at the maximum judgment rate until paid.

(2) There is a 2009 Fleetwood Sandalwood Mobile Home, VIN No. TNFL827A33345SW12 currently situated on the real property and shall be included with the real property.

The property to be sold is as follows:

PROPERTY ADDRESS:   8100 Lot Mud Creek Road, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, and more particularly described as follows: via:

BEGINNING on a rock the corner of the Berry Rose farm, running with Jim Rose line north 21 poles to a buckeye; thence northeast 4 poles to a stone; thence south 17 poles to a stone on the bank of Mud Creek; thence with Mud Creek Southwest 9 ½ poles to the beginning.

BEING THE SAME PROPERTY acquired by Mary A. Rose-Wilson, by deed dated November 17, 2008, from Vernon Rose and his wife, Charlene Rose, and recorded in Deed book 487, Page 291 of the Whitley County Court Clerk’s Office. See also deed from Clyde Rose, et. al., dated April 15, 2009, and recorded in Deed Book 489, Page 408.  See also Affidavit of Descent of Charlie Rose, deceased, and recorded in Deed Book 489, Page 402 and also Affidavit of Descent of Charlie Rose, Jr., deceased, and recorded in Deed Book 489, Page 405 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 court 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 26th day of March, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT, P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616