Judgment and Order of Sale entered by the Whitley Circuit Court on February 13, 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, April 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the defendants, Jeffery Hurst and Sheila Hurst, plus costs, is as follows:
(1) The aggregate amount of $54,365.84 through December 3, 2011, consisting of the principal sum in the amount of $46,658.28, plus interest in the amount of $7,313.36, plus late fees in the amount of $394.20, and any and all other amounts due under the Note, plus additional accrued interest upon the principal balance owed at the agreed upon contract rate of 12.33% per annum, plus post judgment interest upon the foregoing principal and interest balance at the maximum legal rate from the date of judgment until paid in full, plus its Court costs and expenses in the amount of $256.00, and its reasonable attorney’s fees in the amount of $1,750.00.
All that certain property situated in the County of WHITLEY, and State of KENTUCKY, being described as follows:
Property Address is: 116 Shelby Hurst Road, Williamsburg, Kentucky 40769.
TRACT NO. II:
beginning at a post oak on William Bowling and green Bowling line; thence W 136 ft to a sweet gum in the Morgan Adkins and William Bowling line; thence with the road NE 340 ft to the Green bowling line; thence S with said line 250 ft to the beginning.
BEING THE PROPERTY CONVEYED IN Warranty Deed from Jimmy E. Hurst And Wife, Teresa J. Hurst to Jeff Hurst And Wife, Sheila Hurst, dated 04/16/1998, recorded 04/17/1998, in Deed Book 399, Page 694, in the County Clerk’s Office for 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 with the balance in sixty (60) 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, it shall not be required to make down payment 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 19th day of March, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616