BEGINNING at a property boundary corner located in the approximate centerline of White Oak Road, witnessed by an iron rebar (set), which bears SOUTH 40 DEGREES 52 MINUTES 14 SECONDS WEST 20.17 FEET; Said corner also being the beginning corner of the heretofore described 9.776 acre tract; thence, with the approximate center lines of White Oak Road and with the northern property boundary lines of the herein described 9.776 acre tract, the following bearings and distances; SOUTH 41 DEGREES 39 MINUTES 16 SECONDS EAST l11.99 FEET; SOUTH 42 DEGREES 20 MINUTES 28 SECONDS EAST 62.26 FEET; SOUTH 42 DECREES 20 MINUTES 28 SECONDS EAST 30.59 FEET; SOUTH 43 DEGREES 14 MINUTES 04 SECONDS EAST 92.84 FEET to a property boundary corner located in the approximate centerline of White oak Road, being the END of the herein described access and utility easement centerline, witnessed by an iron rebar (set), winch bears SOUTH 49 DEGREES 39 MINUTES 13 SECONDS WEST 20.03 FEET.
BEING A PORTION OF THE SAME property conveyed to Brunner Land Company, Inc., from Greg Owens and Melanie Owens, husband and wife, Deborah Nonnemaker and her husband Lee Nonnemaker, and Don Pennington and Linda Pennington. husband and wife, by deed dated October 3, 2005 and recorded in Deed Book 465, Page 046, office of the Whitley County Clerk.
Being the same property conveyed to Dale R. Hebert and his wife, Lori L. Hebert, by deed dated March 7, 2008, recorded in Miscellaneous Book 151 page 649 of the Whitley County Court Clerk’s Office.
BRUNER WHITE OAK PROTECTIVE COVENANTS
1. The following protective covenants are covenants running with the land and shall continue in full force and effect until 1/1/2075, and may be enforced (through injunction or otherwise) by any owner acquiring any part of the land acquired by the undersigned by Deed recorded in Book 465, Page 46, office of the Whitley County Clerk, Williamsburg, Kentucky.
2. No more than two residences per tract shall be permitted.
3. Any mobile home placed on said property shall not be over 5 (five) years of age at time of placement, shall contain a minimum of 700 square feet and shall be under skirted at time of placement and shall have vinyl siding.
4. No inoperative or unlicensed vehicles may be placed on said lot. No accumulation of discarded personal effects, debris, waste, garbage or any unsightly objects or matter will be permitted on any lot.
5. No noxious or offensive activity shall be carried on upon any lot.
6. Before any construction takes place, purchaser must contact the local government authority to make sure purchaser is in compliance with the local laws.
7. Before occupancy of any home or mobile home, a sewage disposal system shall be installed in conformity with the minimum standards required by the County Board of Health.
8. All lots are to be used for residential, agricultural, or recreational purposes, (though the lot owner may store equipment and material used in a business in a well constructed enclosed building on the property.) The property is not to be used for commercial enterprises (with customers coming and going) with the exception of churches, riding stables, horse farm, cattle farm, or truck farm (fruits and vegetables.)
9. No swine shall be permitted on any lot.
10. Dogs cat and other household pet shall not be bred or maintained for commercial purposes.
11. No shack, tent camper, school bus, or recreational vehicles shall be used as a residence, either temporary or permanent. Campers and tents may be used for recreational purposes only and must be set back a minimum of 40 feet from the center of any existing government road.
12. Any residence erected on said lots shall be at least 700 square feet of indoor heated area (excluding basement and garage) and shall have a finished siding such as rustic wood, frame, brick veneer, press board, or contemporary siding.
13. Any building or structure placed an said property shall be setback a minimum of 40 feet from the center of any existing government road unless a lesser set-back is requested by public authority.
14. While said property is under Land Contract/Land Sales Agreement, no timber shall be removed (sold) from said property without written permission from Bruner Land Company, Inc. and, any revenue from said timber shall be the sole property of Bruner Land Company, Inc.
15. Where protective covenants and Whitley County Zoning Ordinances are in conflict, the stricter requirement will prevail.
16. Invalidation of any of these covenants by judgment of court order shall, in no way affect any of the other provisions, which shall remain in full force and effect.
17. Nothing contained herein shall be construed as creating any obligation on the part of Bruner Land Company, Inc. to enforce these Protective Covenants.
18. The purchasers of this farm, for themselves, their heirs and assigns, by the acceptance of the conveyance of this farm, agree to be bound by the covenants contained herein and are the primary enforcers of these covenants.
See Contract for Deed/Land Contract recorded in the Whitley County Clerk’s Office in Miscellaneous Book 151, Page 649 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 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 28th day of August, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616