Legal Notices for 7/16/14, page 3

 

 land could be described as follows:

BEGINNING at a branch known as the Bid Branch where it crosses the Sanders Creek county road;  thence with the said county road and the Luther Thomas line to the Blue Smith line;  thence with the Blue Smith line to the J. L. Creech line;  thence with the J. L. Creech line to the BEGINNING, subject, however, to easement for an existing road through this property.

(A copy of said Deed is filed as Exhibit “C” to the Complaint.)

EXCEPTION: There is excepted from the above described tracts of real property that tract or parcel of land lying in Whitley County, Kentucky, on waters of Sanders Creek, which was conveyed by Dora Canada and husband, George W. Canada, to Alice Perkins and husband, George W. Perkins, by deed dated September 16, 1978, which is duly recorded at Deed Book 276, Page 595, Whitley County Court Clerk’s Office and reference is made to said deed for a more detailed description the same as if copied in full herein.

EXCEPTION:  There is excepted from the above described tracts of real property that tract or parcel of land lying in Whitley County, Kentucky, on waters of Sanders Creek, which was conveyed by Dora Canada and husband, George Canada, to Lester C. Canada and wife, Rita G. Canada , by deed dated August 1, 1981, which is duly recorded at Deed Book 290, Page 353, Whitley County Court Clerk’s Office and reference is made to said deed for a more detailed description the same as if copied in full herein.

(A copy of each deed which are exceptions is filed as Exhibit “D” and “E” to the Complaint.)

THE FOREGOING TRACT NO. 1 AND TRACT NO. 2 of real property are subject to Property Line Agreement between Dora Canada and husband, George Canada, and Hughie Smith, single, dated June 9, 1980, which is duly recorded at Misc. Book 35, Page 399, and recorded at Misc. Book 35, Pages 443, both being filed of record in the Whitley County Court Clerk’s Office and reference is made to said agreements for a more detailed description of the boundary line contained therein as if copied in full herein.        

(A copy of said Property Line Agreement is filed as Exhibit “F” to the Complaint.)

(3) That at the time of their respective deaths, George Canada and wife, Dora Canada, owned a tract of real property in Whitley County, Kentucky, which is more particularly bounded and described as follows;

Being a tract or parcel of land lying in Whitley County, Kentucky, on Sanders Creek, which was acquired by George Canada and wife, Dora Canada, by deed of Robert J. Chesnut and wife, Joyce Chesnut (a/k/a Robert J. Chestnut and wife, Joyce Chestnut); and Lee Croley and wife, Hazel Croley, dated May 14, 1980, which is duly recorded at Deed Book 284, Page 267, Whitley County Court Clerk’s Office, (The said Lee Croley and Hazel Croley having joined in this conveyance in order to release the lien retained on this property as shown by mortgage dated March 5, 1973, recorded in Mortgage Book 85, Page 365, Whitley County Court Clerk’s Office), containing 12.00 acres, more or less.  And bounded as follows, viz:

BEGINNING at an 8” hickory, a corner common to Canada and Chesnut;  thence S 80 degrees E 300 feet to center of dirt road;  thence with said road S 41 degrees 30’ E 100 feet to a stake;  thence S 16 degrees 30’ E 160 feet to a stake;  thence S 7 degrees W 100 feet to a stake;  thence S 57 degrees 30’ W 450 feet to a stake;  thence S 52 degrees E 487 feet to a stake;  thence S 29 degrees 30’ E 100 feet to a stake;  thence S 13 degrees E 494 feet to an 18” white oak;  thence N 75 degrees W 332 feet to a 10” maple;  thence N 8 degrees W 300 feet to a stake;  thence N 11 degrees 30’ W 96 feet to a stake;  thence N 18 degrees 15’ W 78 feet to an 8” pine;  thence N 53 degrees 15’ W 435 feet to a 7” poplar;  thence N 7 degrees 30’    E 725 feet to the Beginning.

(A copy of said deed is attached as Exhibit “G’ to the Complaint.)

PROPERTY ADDRESS:   5881 Highway 204 W, Williamsburg, KY 40769

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 percent (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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  The prospective purchaser(s) of the property shall verify their ability to pay or secure the purchase price prior to bidding on said property.

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 1st day of July, 2014.

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. 14-CI-00166

L & N FEDERAL CREDIT UNION, PLAINTIFF VS: MICHELLE SMITH and SWADE SMITH, wife and husband, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 2014, 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, July 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The personal judgment against the Defendant, Michelle Smith and an in rem judgment against the Defendant, Swade Smith, plus costs is as follows:

(1) The sum in the amount of $87,175.01, plus interest on the principal balance of $84,525.95 at the contract rate of 5.99% per annum from March 6, 2014 until paid. The additional sum of $4,401.61 plus interest on the principal balance of $4,208.94 at the contract rate of 6.875% per annum from March 6, 2014 until paid.

(2) The sum in the amount of 444.00 as costs herein expended; and attorney fees in the amount of $2,070.00, shall be reimbursed to the Plaintiff from the proceeds of the sale.

Property Address is: 205 Reasor Street, Corbin, KY 40701.

The following property located in Whitley County, Kentucky, to-wit:

Lot #3, Block “H” and part of Lot #1, Block “H” of the Ralph F. Reasor Subdivision to the City of Corbin, Whitley County, Kentucky.  The part of Lot #1, Block “H”, is more particularly described as follows: BEGINNING at a point in the right of way of Melody Lane NW. Said point being a corner between Lot #1 and Lot #3 in Block “H” of said subdivision; thence leaving the right of way of said Melody Lane NW and with the Lot #1 and Lot #3 property line, southwestwardly 125 feet to the back property line of Rains and Johnson; thence with the Rains and Johnson property line 30 feet to a point; thence northeastwardly 125 feet to a point in the right of way of said Melody Lane NW; thence with the right of way of said Melody Lane NW 30 feet to the point of beginning.  The above description being a rectangular tract of property 30 feet wide by 125 feet deep adjacent to Lot #3. 

The foregoing boundary included Lot #3, Block “H”, and a part of Lot #1, Block “H”, of the Ralph F. Reasor Subdivision to the City of Corbin, Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 1, page 266, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

BEING ALL THE SAME LAND acquired by Michelle Smith by deed of conveyance from Ruby Delph, unmarried, dated February 28, 2005 and recorded in Deed Book 459, page 407, in the clerk’s office aforesaid.

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 sixty (60) days with interest at 12% per annum 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, and the purchase price is less than the amount of the Plaintiff’s judgment, then, and in that event, they 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 no down 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 2014 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 1st day of July, 2014.

HOWARD O. MANN, MASTER COMMISSIONER          

WHITLEY CIRCUIT COURT

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