COMMONWEALTH OF KENTUCKY
27TH JUDICIAL CIRCUIT
KNOX CIRCUIT COURT
DIVISION NO. I
CIVIL ACTION NO. 12-CI-421
Marilyn Baker Garland, Plaintiff, VS. Jerry Wayne Garland, II, Individually and as Co-Executor of the Estate of Jerry Wayne Garland, et al, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Knox Circuit Court on February 9, 2021 and a subsequent Order entered April 6, 2021. I shall offer for sale in conjunction with the private auctioneer, Noel Auctioneers & Real Estate Advisors, at the location of the commercial property and vacant land at Exit 25 of Interstate 75, located at 2598 Cumberland Falls Highway, Corbin, Kentucky, at public auction on Wednesday, June 2, 2021, at 12:00 p.m., or thereabout, the real property described in this Notice.
NOTICE: THE COVID-19 HEALTH AND SAFETY MEASURES WILL BE OBSERVED AS THIS SALE IS SUBJECT TO SOCIAL DISTANCING AND FACIAL COVERINGS OVER THE NOSE AND MOUTH ARE REQUIRED
The judgment against the Defendants, plus costs, consistent with the relief granted by this Court in the Agreed Order of Sale entered May 19, 2020, as demanded in Commercial Bank’s First Amended Answer, Counterclain and Cross-claim, Judgment was granted and the first mortgage liens of Commercial Bank and the ad valorem tax liens of the City of Barbourville shall be enforced.
Property Address: 2598 Cumberland Falls Highway, Corbin, Kentucky
BEGINNING at an iron pin in the north right of way line of U.S. Highway 25, said pin being South 73 degrees 14 minutes West 289.85 feet from the intersection of the north right of way line of U.S. Highway 25 with the west right of way line of Interstate Highway 75, a corner of Sara Peace; thence with the north right of way line of U.S. Highway 25 South 72 degrees 06 minutes West 125.81 feet to an iron pin and corner to W.L. Oliver; thence with Oliver’s line North 20 degree 53 minutes West 199.60 feet to an iron pin and corner to W.L. Oliver thence continuing with Oliver’s line North 71 degrees 55 minutes East 194.20 feet to an iron pin and corner to Sara Peace; thence with Peace’s line South 19 degrees 57 minutes East 114.59 feet to an iron pin and corner; thence continuing with Peace’s line South 67 degrees 04 minutes West 78.40 feet to an iron pin and corner; thence continuing with Peace’s line South 29 degrees 45 minutes East 79.38 feet to the BEGINNING.
BEING ALL OF THE SAME LAND acquired by Kentucky Truckstop Services, LLC by deed from Elzie Hacker, Jr., husband of Cora Frances Hacker, deceased, dated May 21, 1999 and recorded May 26, 1999 in Deed Book 409, Page 81, records of the Whitley County Court Clerk’s Office.
TERMS OF SALE
- The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
- On the date of sale, the purchaser shall either pay full cash or may pay ten percent (10%) down with the balance in thirty (30) days. If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the special master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. 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.
- 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.
- 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.
- The property shall be sold subject to the following:
- Easements, restrictions, and stipulations of record;
- Assessments for public improvements levied against the following real estate;
- Any facts which an inspection and accurate survey of the following described real estate may disclose.
- If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
- This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 14th day of April, 2021.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P.O. BOX 1344, CORBIN, KY 40702