Legal Notices for 2/12/14, page 1

 

 Invitation to Bid

The City of Corbin, Kentucky is accepting sealed bids for surplus property adjacent to the Corbin Center for Technology and Community Activities Building, located on Corbin Center Drive, Corbin, KY 40701. The property contains 4.941 acres and is zoned C-1 for Commercial use. The deadline for submission of bids shall be, Tuesday, February 18, 2014 at 4:00 pm. The bids will be opened at a special meeting of the Board of Commissioners on Tuesday, February 18, 2014 at 5:00 p.m. A property description and plat may be obtained in the office of the City Clerk, 805 South Main Street, Corbin, KY 40701 or at erin.blount@corbin
ky.gov.  The City of Corbin reserves the right to accept/reject any/all bids.

 

CITY OF WILLIAMSBURG, KENTUCKY, BOARD OF ZONING ADJUSTMENT, NOTICE OF PUBLIC HEARING

Notice is given that the Planning & Zoning Commission and the Board of Zoning Adjustment of the City of Williamsburg, Kentucky will hold a public hearing on March 3rd, 2014 at 5:30 p.m. at Williamsburg City Hall Council Chambers, located at 423 Main Street, Williamsburg, Kentucky, to consider the application filed by Richard Foley to begin building a house in an R1 zone, located on Pelham St, Williamsburg, Kentucky.

The public is invited to attend the meeting and make comments to the Commission regarding the proposed apartment building.

HON. GRETA S. PRICE, WILLIAMSBURG CITY ATTORNEY

PO BOX 848, WILLIAMSBURG KY 40769; 606-546-2780

 

NOTICE OF BOND SALE

The Whitley County School District Finance Corporation, will until 11:00 A.M., E.S.T., on February 25, 2014, receive in the office of the Kentucky School Facilities Construction Commission, Suite 102, 229 W. Main Street, Frankfort, Kentucky 40601, competitive bids for its $8,680,000 School Building Revenue Bonds, Series of 2014, dated March 13, 2014; maturing March 1, 2015 through 2034. Specific information and required Official Bid Form available in POS at pos.hilliard.com from J.J.B. Hilliard, W.L. Lyons, LLC. BQ. Legal Opinion: Steptoe & Johnson PLLC, Louisville, KY.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. II

CIVIL ACTION NO. 10-CI-00646

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK,        PLAINTIFF, VS. CARL BENNETT and his wife, GAIL BENNETT; CHASITY FELTS, A/K/A CHASITY BENNETT; 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 13, 2011, and subsequent Orders entered June 17, 2012 and November 21, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Summary Judgment against the defendants, Carl Bennett and Chasity Felts a/k/a Chasity Bennett, plus costs is as follows:

(1) The principal sum in the amount of $23,968.69 as of May 31, 2011, plus interest at the rate of 8.5% per annum until paid in full.

(2) There is also included herein a 2009 Mans 14 X 70 Mobile Home, Vin No. M-O-354461, Serial No. 031681180006.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

BEGINNING on an iron pipe on the bank of the Craig Road; thence S 7.45’ W 200 feet to an iron pipe; thence N 82.15’ W 210 feet to an iron pipe; thence N 7.45’ E 308.67 feet to an iron pipe on bank of the Craig Road; thence with the said road S 50.52’ E 104.01 feet to an iron pipe and continuing with said road S 54.07’ E 83.07 feet; S 64.29’ E 50.32 feet to the BEGINNING.

Being the same property conveyed to Mortgagor by deed from Robert Gibson and his wife, Etta Gibson, dated May 19, 1978, recorded in Deed Book 274, Page 397 of the Whitley County Court Clerk’s Office.

Said property address is: 153 Gibson Lane, Williamsburg, Kentucky 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 (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 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. In the event the Plaintiff or its representative is the purchaser, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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. 11-CI-00191

BRANCH BANKING AND TRUST COMPANY, PLAINTIFF, VS. SCOTT PARTIN; STARLA PARTIN; WHITLEY COUNTY, KENTUCKY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CITY OF CORBIN; JAMOS FUND I, LP; and TAX EASE LIEN SERVICING, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Scott Partin and Starla Partin, plus costs, is as follows:

(1) The Defendants, Scott Partin and Starla Partin, are indebted to the Plaintiff in the sum of $32,647.06 as of January 24, 2013, with interest thereon at the contract rate of 6.50% per annum until the date of entry hereof, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action.

Property Address of First Piece of Real Property: 56 FAIRVIEW STREET, CORBIN, KENTUCKY

BEING LOTS NOS. 641, 642, and 643 in the Johnson-Moore Addition to Corbin, Kentucky, a map of said addition being recorded in Map Book #1, at page 88, Whitley County Court Clerk’s Office. The erection of any outside toilet on the land herein conveyed is restricted to the west corner, and none shall be constructed on the east side.

Being the same property conveyed to Scott Partin and Starla Partin, husband and wife, from Randy Frasure and Haley Frasure, husband and wife, by deed dated November 13, 2003, and recorded at Deed Book 448 at Page 361. Being further the same property conveyed from Scott Partin, married, to his wife Starla Partin, married, by deed dated August 12, 2004, and recorded at Deed Book 454 at Page 600.

Property Address of Second Piece of Real Property: 902 WILLOWBROOK AVENUE, CORBIN

BEGINNING on a stone, the northeast corner of J.M. Skeen; thence N. 29 W. 72 feet to a stone; thence S. 71 W. 228 feet to a stone in J.D. Meadors’ line; thence Southward 83 feet with said Meadors’ line to J.M. Skeen’s northwest corner; thence N. 73 E. 250 feet to the BEGINNING.

There is a 20-foot roadway leading from Fourth Street to the above described property to be kept open at all times.

THERE IS ALSO EXCEPTED and not conveyed herein that portion previously conveyed by Melissa S. Chumley, single, to David O. Smith and wife, Marcia A. Smith, by Deed dated November 5, 1988, and of record in Deed Book 330, Page 563, Whitley County Court Clerk’s Office.

Being all the same property conveyed to Scott Partin and Starla Partin, husband and wife, from Carl Ellison and Cindy Ellison, husband and wife, by deed dated November 13, 2003, and recorded at Deed Book 448 at Page 364. Being further the same property conveyed from Scott Partin, married, to his wife Starla Partin, married, by deed dated August 12, 2004, and recorded at Deed Book 454 at Page 597. This deed contained a defective property description, as part of the real property description was omitted. Being further same property conveyed from Starla Partin, married, to Scott Partin and Starla Partin, husband and wife, by deed dated August 9, 2005, and recorded at Deed Book 463 at Page 378. This deed contained a defective property description, as part of the real property description was omitted.

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 (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 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. In the event the Plaintiff or its representative is the purchaser, then, and in that event, it shall be entitled to a credit of 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 entered, 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 year 2013 and all subsequent years of ownership. 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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-00518

HSBC Bank USA, National Association, as Trustee for ACE Securities Corp, Home Equity Loan Trust, Series 2005-HE4 Asset-Backed Pass-Through Certificates, Series 2005-HE4, PLAINTIFF, VS. Benny Dinsmore; AmeriFirst Home Improvement Fiance Company; Administrative Office of the Courts, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 19, 2013 and subsequent Order entered December 16, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem default Judgment against the Defendant, Benny Dinsmore, plus costs is as follows:

(1) The principal sum in the amount of $123,168.37, plus interest on the principal sum at the rate of 5.075% per annum from March 1, 2012 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 181 Forego Trail, Corbin, KY 40701

Parcel: 102-20-00-150.00

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

Being Lot No. 250 of the Tattersall Trail Estates in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made of a more full and complete description of said lot.

Being the same property conveyed to Benny Dinsmore, single who acquired title by virtue of a deed from George Ferrell Morris and Sharon Morris, husband and wife, dated October 7, 2002, filed October 17, 2002, recorded in Deed Book 439, Page 167, County Clerk’s Office, 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 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. In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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. 13-CI-00378

JPMorgan Chase Bank, National Association, Plaintiff, VS. Mozella Martin, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem default Judgment against the Defendant, Mozella Martin, plus costs is as follows:

(1) The principal sum in the amount of $81,429.53, plus interest on the principal sum at the rate of 5.5% per annum from April 1, 2013 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 503 West 5th Street, Corbin, KY 40701

Parcel No.: 137-41-05-002.01

A certain tract or parcel of land lying in Whitley County, on the south side 5th street in the city of Corbin, Kentucky and bounded and described as follows:

A portion of one lot no 25, situated in Block No. 78, Hawkins addition to the city of Corbin, Whitley County, Kentucky, bounded as follows, to-wit: Beginning at a stake on 5th street being 6 feet east of Lot No. 25; thence south 130 feet (being 6 feet from the line of said lot no 26) to a stake in an alley; thence east on line of said alley 50 feet to a stake, corner of Lot No. 24; thence north with said line of said lot 50 feet to a stake; thence east on line of said Lot no. 249 feet to a stake at corner of Ralph Reasor and Walter Payne’s property; thence north on line of Walter Payne’s property 80 feet to a stake, corner of 5th street; thence west on line of 5th street 59 feet to the beginning.

Being the same property conveyed to Mozella Martin, no marital status shown who acquired title by virtue of a deed from Jankie Jackson, (single), dated March 13, 2009, recorded March 16, 2009, at Deed Book 489, Page 72, Whitley County, Kentucky records.

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

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 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. In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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. 13-CI-00384

JAMOS FUND I, LP, PLAINTIFF, VS. ROBERT H. SILER; URSULA A. SILER; AMERICAN EXPRESS BANK, F.S.B.; WHITLEY COUNTY BROADCASTING COMPANY, INC; UNKNOWN OCCUPANT, TENANT, OR LESSEE; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; HOMETOWN BANK OF CORBIN, INC; and CITY OF CORBIN, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 16, 2013 and a subsequent Order entered January 2, 2014 along with a Notice of Filing (Amending Legal Description) entered of record January 9, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Robert H. Siler and Ursula A. Siler, plus costs is as follows:

(1) The sum in the amount of $8,285.91, which consists of the following sums: principal 2009 in the amount of $1,371.93, plus interest through Nov. 2013 in the amount of $548.79; principal 2010 in the amount of $1,375.75, plus interest through Nov. 2013 in the amount of $385.27, plus litigation costs and expenses in the amount of $1,376.67, plus attorney fees in the amount of $1,977.50, plus pre-litigation attorney fees in the amount of $1,050.00, plus an administrative fee in the amount of $200.00.

Property Address: 718 18th Street, Corbin, KY 40701.

BEGINNING at a point at the intersection of the northerly line of 18th Street and the easterly line of Archer Avenue; thence with the northerly line of 18th Street N 44 degrees 20 minutes East 94 feet to a point corner of property owned by Denham; thence with the Denham line N 19 degrees 30 minutes W 139 feet to a point; thence S 67 degrees W 93.7 feet to a point in the easterly line of Archer Avenue; thence with the easterly line of Archer Avenue S 22 degrees 30 minutes East 175 feet to the point of beginning, said property being Lots 1, 2 and 3 and a part of Lot 4 in Block A of Southern Heights Addition to the city of Corbin, Kentucky, as shown by plat of record in Plat Book One at page 45 in the Whitley County Court Clerk’s Office.

BEGINNING on a stone on the East side of Archer Street; thence S 22 E 44 ½ feet to Adams line; thence with Adams’ line 93 7/10 feet to Denham’s line; thence with Denham’s line N W 43 ½ feet to Walker’s line; thence with Walker’s line 100.4 feet to the beginning, being all the land now owned by the grantors in this tract.

There is excepted from the foregoing that portion previously conveyed to the Commonwealth of Kentucky, for the use and benefit of the Transportation Cabinet, Department of Highways, from Larry E. Conley, Master Commissioner, by deed dated July 20, 1985, and of record in Deed Book 380, Page 135, Whitley County Court Clerk’s Office.

Being the same property conveyed to Robert H. Siler and Ursula A. Siler, by Deed dated March 27, 2008, of record in Deed Book 482, Page 601, in the Office of the Clerk of 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 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. In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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. 13-CI-00385

REVERSE MORTGAGE SOLUTIONS, INC., PLAINTIFF, VS. UNKNOWN HEIR OF SAMUEL EDWARD VANOVER AKA SAMUEL E VANOVER; UNKNOWN OCCUPANT; UNITED STATES OF AMERICA; COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The IN REM Judgment against the Defendants, Unknown Heir of Samuel Edward Vanover aka Samuel E Vanover and unknown Occupant, plus costs, is as follows:

(1) The sum of $63,502.95, plus interest of $5.62 per day from October 24, 2013, together with amounts for late fees and assessments, advancements for the protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees.

Property Address: 607 South Second Street, Williamsburg, KY 40769.

The said real property is located in Whitley County, Kentucky, to wit:

One town lot in Williamsburg on east side of Mill Street (now called South 2nd Street) and being lot number 14 of the Denham Addition to the City of Williamsburg, as shown by Map of record in Map Book 1, Pages 236-237.

Being the same property conveyed to Samuel Edward Vanover, from Charles Vanover, Executor of the Estate of Mae Vanover, deceased, by Deed dated 12/03/1986, recorded 02/02/1987, Deed Book 319, page 9, 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 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 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. In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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.13-CI-625

Wells Fargo Bank, N.A., Plaintiff, VS. Albert Thornberry; April Thornberry; PNC Bank, National Association; Conseco Finance Service Corp., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 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, February 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Albert Thornberry and April Thornberry, plus costs, is as follows:

(1) The principal sum in the amount of $73,498.64, plus interest from 11/1/12 in the amount of $4,999.95, plus hazard insurance in the amount of $469.43, plus taxes in the amount of $322.70, for a total in the amount of $79,290.72, together with interest at the rate of 6.5000 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 $1,450.00, 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.

(2) There is a manufactured home described as being a Make: 2000 HOME, Model Legacy, Color Unknown with a VIN: HL58781ABAL and Title #: 123191180058, that is located on the property and is permanently affixed to the land and will be sold together with the land.

Property Address: 260 Casey Road, Corbin, KY 40701.

PIDN: 069-00-00-023.04

A certain tract or parcel of land located on the South side of an unnamed county road in Whitley County, Kentucky, approximately 0.3 miles from the junction of the unnamed county road and Stoney Fork Road.

Beginning at an iron pin set on the South right-of-way of an unnamed county road, said pin being North 73 degrees 41 minutes 08 seconds for a distance of 547.14 feet from the corner of Mack Withrow (Deed Book 403, Page 612) and Larry Wilson (Deed Book not on record) and said pin being a new corner with Warren Hale (Deed Book 394, Page 089); thence with the right-of-way of an unnamed county road 82 degrees 25 minutes 58 seconds East for a distance of 232.72 feet to an iron pin found; thence with the right-of-way North 83 degrees 14 minutes 40 seconds East for a distance of 129.48 feet to an iron pin found; said pin being a corner with Warren Hale (Deed Book 394, page 069) ; thence leaving the right-of-way with a new division line of Hale, South 05 degrees 18 minutes 03 seconds East for a distance of 142.11 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, South 53 degrees 45 minutes 28 seconds West for a distance of 118.18 feet to an iron pin set being a new corner with Hale; thence with the new division line of Hale, South 48 degrees 17 minutes 31 seconds West for a distance of 107.21 feet to an iron pin set, said pin being a new corner with Hale; thence with the new division line of Hale, North 79 degrees 21 minutes 38 seconds West for a distance of 94.06 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 74 degrees 43 minutes 18 seconds West for a distance of 209.24 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 29 degrees 53 minutes 24 seconds East for a distance of 185.43 feet to an iron pin set, which is the point of beginning.

The above described having an area of 2.0000 acres as surveyed by Bobby Hudson, LPLS 1263 on August 29, 2000, and being a portion of the property conveyed to Warren Hale, by Deed recorded in Deed Book 326, Page 069, records of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

All corners or witness monuments referred to herein as iron pins set are one-half inch rebar 18 inches long and capped with an orange cap marked LS 1253, except otherwise noted. All bearings are referenced to the magnetic meridian.

This property is subject to any and all rights-of-way and/or easements of record and/or in existence at this time and regulations that may apply through planning and zoning.

Being the same property conveyed to Albert Thornberry and April Thornberry, husband and wife, from Warren C. Hale and Oreita Hale, husband and wife, by Deed dated August 8, 2000 and recorded August 17, 2000 in Deed Book 420, Page 653, records of the Whitley County Court Clerk.

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% 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, 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 27th day of January, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

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