Legal Notices for 12/24/13, page 3

 

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 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 16th day of December, 2013.

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 NO. I

CIVIL ACTION NO. 13-CI-121

PNC Bank, National Association successor by merger to National City Mortgage a division of National City Bank, Plaintiff,  VS. Michelle Jackson aka Michelle Smith; Jeffrey Jackson, Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 2, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michelle Jackson aka Michelle Smith and Jeffrey Jackson, plus costs, is as follows:

(1) The principal sum in the amount of $47,293.18, plus interest from 08/1/12 in the amount of $3,326.70, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,174.46, plus late charges in the amount of $79.00, plus property inspections in the amount of $99.00, for a total in the amount of $52,972.34, 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.

Property Address:  3011 South Kentucky Avenue, Corbin, KY 40701.

BEGINNING at a stake in the east line of Kentucky Street at Albert Yates northwest corner; thence northward with said east line of Kentucky Street, 89 feet to J.B. Rogers corner; thence eastward with said Rogers line 105 feet to a ten foot alley; thence southward with line of said alley 89 ft to Albert Yates’ line; thence westward with said Yates’ line 105 feet to Kentucky Street and the beginning.

Said property was conveyed to Michelle Smith, from James Carroll and Thelma Carroll, husband and wife, on September 7, 1998, by a deed recorded on April 16, 1999, in Deed Book 408, Page 63, in the Office of the Whitley County 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 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%.  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 16th day of December, 2013.

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 II

CIVIL ACTION NO. 13-CI-00605

L & N FEDERAL CREDIT UNION, PLAINTIFF VS: EDWARD MACKEY and THE UNKNOWN SPOUSE (IF ANY) OF EDWARD MACKEY; KEVIN MACKEY and THE UNKNOWN SPOUSE (IF ANY) OF KEVIN MACKEY; KIRK MACKEY and THE UNKNOWN SPOUSE (IF ANY) OF KIRK MACKEY; THE UNKNOWN HEIRS OR DEVISEES OF CATHERINE MACKEY, DECEASED, AND THEIR UNKNOWN SPOUSES; CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION; and COMMONWEALTH OF KENTUCKY DEPARTMENT OF REVENUE, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

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

The in rem judgment against the Defendants is as follows:

(1) The sum in the amount of $14,534.98, plus interest on the principal balance of $14,231.12 at the contract rate of 9.5% per annum from July 18, 2013 until paid.

(2) The additional sum of $864.72 as costs herein expended, plus attorney fees in the amount of $1,800.00.

Property Address is: 3002 South Kentucky Avenue, Corbin, KY 40701.

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

BEGINNING at a stake being 50’ on Kentucky Avenue from intersection of 20th Street and Kentucky Avenue; thence continuing southward with Kentucky Avenue 50’ to a stake; thence westward 75’ to a stake; thence northward 50’ to a stake in line of Mildred Evans; thence eastward with Mildred Evans line 74’ to point of beginning.

BEING ALL THE SAME LAND acquired by Catherine Mackey by deed of conveyance from Steven Earl Timmons and Shirley H. Timmons, husband and wife, dated December 16, 1994 and recorded in Deed Book 414, at page 136, in the office of the Whitley County Clerk at Williamsburg, 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 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 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 16th day of December, 2013.

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 NO. II

CIVIL ACTION NO. 10-CI-582

U.S. Bank National Association, as Trustee for JPMorgan Mortgage Acquisition Trust 2006-HE2, Asset Backed Pass-Through Certificates, Series 2006-HE2, Plaintiff, VS. Donna Dean; Mortgage Electronic Registration Systems, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, and a subsequent Orders entered January 7, 2013, April 1, 2013 and July 15, 2013 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Donna Dean, plus costs, is as follows:

(1) The principal sum in the amount of $104,482.04, plus pre-acceleration late charges in the amount of $22.41, plus interest from 03/1/10 in the amount of $9,433.49, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $14,438.71, plus property inspection in the amount of $370.00, for a total in the amount of $128,746.65 together with interest at the rate of 4.2500 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 $1,350.00, 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.

Property Address: 334 Kelso Trail, Corbin, KY 40701.

Being Lot No. 238 of the Tattersall Trails Estate 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 for a more full and complete description of said lot.

Being the same property conveyed to Donna Dean by deed dated April 21, 2006 and recorded at Deed Book 468, Page 679, 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 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%.  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 16th day of December, 2013.

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 NO. II

CIVIL ACTION NO. 13-CI-310

U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSMPS Mortgage Loan Trust 2005-RP3, Plaintiff, VS. Karen M. Helton aka Karen Helton; Rema W. Helton aka Remy Helton; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY- Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 16, 2013, and a subsequent Order entered November 21, 2013 Amending the Judgment and Order of Sale, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Karen M. Helton aka Karen Helton and Rema W. Helton aka Remy Helton, plus costs, is as follows:

(1) The principal sum in the amount of $27,451.20, plus interest from 10/1/12 in the amount of $1,328.42, plus late charges in the amount of $301.20, plus property inspection fees in the amount of $385.41, plus escrow balance credit in the amount of $302.49, for a total in the amount of $29,163.74 together with interest at the rate of 7.0000 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 $1,700.00, 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.

Property Address: 1465 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on a stake, at the corner of Cledia Faulkner’s and Gracie Cain’s line; thence at the old country road; thence S 46 W 200 feet; thence S 56 W 200 feet; thence S 76 W 244 feet; thence N 50 W 100 feet; thence N 41 W 280 feet to a sweet gum tree corner; thence S 37 E 300 feet; thence S 63 E 100 feet to a stake; thence N 62 E 100 feet; thence N 65 E 100 feet, N 55 E 100 feet, N 65 E 100 feet to the beginning.

Being the same property conveyed to Karen M. Helton and Rema W. Helton, wife and husband, by deed dated November 30, 2001 and recorded December 01, 2001 in Deed Book 431 Page 281 in the Office 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%.  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 16th day of December, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMBINED NOTICE

Notice to Public of No Significant Effect on the Environment

And Notice to Public of Request for Release of Funds

 

Date of Notice Publication: December 24, 2013

 

Pat White, Judge Executive

Whitley County Courthouse

PO Box 237

Williamsburg, KY 40769

606-549-2973

 

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:

 

On or about January 9, 2014, Whitley County will request a release of funds from the Department for Local Government for the following Project:

 

Project Title:  Whitley County’s HBEER CDBG Housing Project

 

Project Location:   Green Valley Rd., Emlyn, KY 40769                                                      

Emlyn Cemetery Rd. , Emlyn, KY 40769            

           

Purpose of Project:             The purpose of this project is to address the critical need for affordable housing in the area by providing safe, decent, and sanitary affordable housing for 13 homebuyers in Whitley County, KY. 

 

Responsible Entity:             Pat White, Whitley County Judge Executive

 

Applicant/Recipient Agency: Whitley County, PO Box 237, Williamsburg, KY  40769

 

It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of human environment and, accordingly, the above-named county has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL-91-190).

An Environmental Review Record respecting the within project has been made by the above named County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying, upon request, between the hours of 9am and 4pm.  No further environmental review of such project is proposed to be conducted prior to the request for release of federal funds.

All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by the Whitley County Judge Executive. Such written comments should be received at the Whitley County Courthouse, PO Box 237 Williamsburg, KY 40769 on or about January 8, 2014. All such comments so received will be considered and the County will not request the release of Federal funds or take any administrative action on the within project prior to the date specified on the proceeding sentence.

Whitley County will undertake the project described above with proposed funding from the Community Development Block Grant Program funds from the Department for Local Government.

Whitley County is certifying to the state that the Judge Executive Pat White, in his official capacity with Whitley County, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, Whitley County may use the proposed Community Development Block Grant funds and the state and HUD will have satisfied their responsibilities under the National Environmental Policy Act of 1969. The state will accept an objection to its approval only if it is on one of the following bases:

(a) The certification was not in fact executed by the Certifying Officer.

(b) The County has filed to make one of the two findings pursuant to S58.41 or to make the written determination decision required by SS578.57, 58.53 or 58.64 for the project, as applicable.

(c) The County has omitted one or more of the steps set forth at Subparts F and G for the preparation and completion of an EA.

(d) No opportunity was given to the Advisory Council on Historic Preservation or its Executive Director to review the effect of the project on a property listed on the National Register of Historic Places, or found to be eligible for such listing by the Secretary of the Interior, in accordance with 36 CFR Part 800.

(e) The recipient has committed funds or incurred costs not authorized by this part before release of funds and approval of the Environmental Certification by HUD or the State.

(f) Objections have been made by a federal agency.

Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and may be addressed to the Department for Local Government, ATTN Jennifer Peters, 1024 Capital Center Drive, Frankfort, KY 40601.

Objections to the release of funds on bases other than those stated above will not be considered by the state. No objection received after January 24, 2014 will be considered by the state.