Legal Notices for 11/27/13, page 1

 

 STATE OF WISCONSIN

CIRCUIT COURT

KENOSHA COUNTY

SUMMONS

Case No. 13-CV-1419

Foreclosure Of Mortgage: 30404

Judge David M. Bastianelli

 

U.S. Bank, National Association, as Trustee for the Holders of the Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-AB1, assignee of Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, Inc., Plaintiff,

vs.      

Bill Tackett

Jane Doe Spouse

29 Pace Lane

Corbin, KY 40701

Defendants.

           

THE STATE OF WISCONSIN,

To each person named above as a defendant:

You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you.

Within 40 days after November 27, 2013 (which is the first day that this Summons was published in the newspaper), you must respond with a written demand for a copy of the Complaint.  The demand must be sent or delivered to the Court, which address is: Kenosha County Courthouse, 912 56th Street, Kenosha, WI 53140, and to Bass & Moglowsky, S.C., plaintiff’s attorneys, whose address is Bass & Moglowsky, S.C., 501 West Northshore Drive, Suite 300, Milwaukee, Wisconsin 53217.  You may have an attorney help or represent you.

If you do not demand a copy of the Complaint within 40 days, the Court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose your right to object to anything that is or may be incorrect in the Complaint.  A judgment may be enforced as provided by law.  A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

DATED:  November 21, 2013.

P. O. Address:         

BASS & MOGLOWSKY, S.C.

Attorneys for Plaintiff

Shawn R. Hillmann

WI State Bar No. 1037005

Bass & Moglowsky, S.C.

Suite 300

501 West Northshore Drive

Milwaukee, WI  53217

Telephone:  (414) 228-6700

Bass & Moglowsky, S.C. is a law firm/debt collector representing a creditor in the collection of a debt that you owe to said creditor. We are attempting to collect such debt and any information obtained from you will be used for that purpose.

 

COUNTY TAXPAYER’S NOTICE

The 2013 Whitley County Oil, Gas and Clay bills will be due and payable beginning December 1, 2013. If you do not receive your bill in the next few days, please contact the Whitley County Sheriff’s Office. When mailing in your payment, please include a copy of the tax bill. If you wish a paid receipt returned to you, please enclose a self-addressed, stamped envelope. The following dates will be the collection dates for Oil, Gas and Clay bills:

2% Discount if paid by December 31, 2013

Face Amount if paid by January 31, 2014

5% Penalty if paid by February 28, 2014

21% Penalty if paid after February 28, 2014

All Oil, Gas, and Clay bills will be turned over as delinquent if not paid by May 15, 2014.

Please make checks payable to:

Whitley County Sheriff

P.O. Box 118, Williamsburg, KY 40769

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION I

CIVIL ACTION NO. 10-CI-00969

FORCHT BANK, NA, Successor-In-Interest to TRI-COUNTY NATIONAL BANK, PLAINTIFF VS: TIMOTHY LYNN BURNETTE, a/k/a TIMOTHY LYNN BURNETT; and BOBBY ANN BURNETTE, a/k/a BOBBY ANN BURNETT; CITY OF CORBIN, KENTUCKY; 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 October 7, 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, December 2, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Timothy Lynn Burnette, a/k/a Timothy Lynn Burnett and Bobby Ann Burnette, a/k/a Bobby Ann Burnett, plus costs, is as follows:

(1) The sum in the amount of $28,248.81 as of September 5, 2013, plus interest at the rate of 7.89% per annum until the date of Judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

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

Current Property Address: 502 Oak Street, Corbin, KY 40701.

TRACT NO. 1:

A certain tract or parcel of land lying in Whitley County and bounded as follows:

BEGINNING at a point in the west line of Oak Street 130 feet south of the south line of Fifth Street, at an alley; thence with the west line of Oak Street N. 14 ½ W. 45 feet to a stake; thence S. 74 ½ W. 55 feet to a stake; thence S. 14 ½ E. 45 feet to a stake in the north line of the alley; thence with said alley N. 74 ½ E. 65 feet to the BEGINNING, being a part of Lot #24 of Block 78, Hawkins Addition to Corbin, Kentucky.

TRACT NO. 2:

A certain tract or parcel of land lying in the City of Corbin, Whitley County, Kentucky and bounded as follows: to wit;

BEGINNING at a stake in the north line of a 10 foot alley leading from Oak Street to Sycamore Street at a point 65 feet west of the west line of Oak Street at the southwest corner of Floyd Mullinaux’s lot (the south west corner of the above described Tract #1; thence north with said Mullinaux’s line (west line of above described Tract #1) 45 feet to a stake in said line; thence west 8 feet in a parallel line with Fifth Street to a stake; thence south parallel with first named line of Oak Street 45 feet to a stake in the north line of said alley; thence west with the north line of said alley 8 feet to the BEGINNING corner.

Being the same real property conveyed to Timothy Lynn Burnette and Bobby Ann Burnette, by deed from Cumberland Valley National Bank, dated March 8, 2004, recorded in Deed Book 451, Page 507, 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% 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 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 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 12th day of November, 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 I

CIVIL ACTION NO. 13-CI-00428

L & N FEDERAL CREDIT UNION, PLAINTIFF VS: WANDA L. MEADORS, DEFENDANT

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 7, 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, December 2, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The in rem judgment against the Defendant, Wanda L. Meadors is as follows:

(1) The sum in the amount of $115,568.12, plus interest on the principal balance of $113,901.39 at the contract rate of 6.375% per annum from May 17, 2013 until paid.

(2) The additional sum of $407.00 as costs herein expended, plus attorney fees in the amount of $1,600.00.

Property Address is: 302 Goldbug Church Road, Williamsburg, KY 40769.

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

BEGINNING at a 50” white oak (found, placed 3 hacks on), said tree at the intersection of a fence, corner to the parent tract of Ray Bryant et al (Deed Book 386, at Page 656) and Guindal and Charles H. Croley (Deed Book 360, Page 151); thence running with said Croley tract along said fence S 12 degrees 40’ 24” E 82.26 feet to a 1/2” rebar and cap, said rebar in the line of said Croley tract, a corner to Bobby and Brenda Partin (Deed Book 404, at page 771); thence leaving said Croley tract and running with said Partin tract S 56 degrees 44’ 00” W passing the east Kentucky Power Coop, Inc. transmission line 100 foot right of way easement (Miscellaneous Book 26, Page 133) at 16.15 feet and again at 135.00 feet and continuing for 45.96 feet for a total distance of 180.96 feet to a 1/2” rebar and cap, said rebar corner to said Partin tract and located 35.00 feet from the centerline of Goldbug Church Road (formerly State Highway 25W) bearing S 56 degrees 44’ 00” W 5.40 feet to an iron pin (found); thence leaving said Partin tract and running with said right of way long a curve to the right have a radius of 565.25 feet, an arc length of 414.41 feet, a chord length of 405.19 feet and a chord bearing of N 32 degrees 03’ 17” (passing said transmission line of right of way long said arc at distances of 115.46 feet and 293.54 feet respectively) to a 1/2” rebar and cap, said rebar new corner to said parent tract; thence leaving said road and severing said parent tract the following calls:  S 82 degrees 41’ 27” E 85.61 feet to a 1/2” rebar and cap, said rebar located on the westerly bank of small drain; S 59 degrees 15’ 41” E 25.72 feet to a point, said point located in the center of said drain; thence continuing to sever said parent tract and running down said drain the following calls:  S 68 degrees 08’ 10” E 26.54 feet to a point; N 82 degrees 56’ 44” E 18.76 feet to a point; S 86 degrees 04’ 34” E 23.10 feet to a point; N 63 degrees 58’ 59” E 22.26 feet to a point; S 75 degrees 58’ 39” E 74.37 feet to a point; S 89 degrees 13’ 19” E 11.83 to a point; N 70 degrees 38’ 56” E 10.48 feet to a point; thence N 89 degrees 51’ 08” E 4.48 feet to a point; N 55 degrees 36’ 32” E 13.73 feet to a point; N 84 degrees 30’ 31” E 33.94 to a point; S 81 degrees 27’ 39” E 51.78 feet to a point; N 89 degrees 22’ 06” E 41.60 feet to a point; N 70 degrees 45’ 36” E 15.50 feet to a point; N 54 degrees 11’ 59” E 22.69 feet to a point; S 85 degrees 35’ 27” E 22.80 feet to a point; N 59 degrees 34’ 45” E 18.61 feet to a point; and S 35 degrees 11’ 54” E 8.15 feet to a 1/2” rebar and cap, said rebar located in the center of said drain, and in the line of said Croley tract; thence leaving said drain and running with said Croley along a fence S 46 degrees 39’ 22” W 216.98 feet to the point of beginning and containing a calculated area of 2.048 acres as per boundary survey by Bobby B. Anderson, PLS #3377 with Appalachian Technical Services, Inc. on June 14, 2002.

BEING ALL THE SAME LAND acquired by Dennis R. Meadors and Wanda Meadors, husband and wife, as joint tenants with rights of survivorship, by deed of conveyance from Angela Ayers and Sean Ayers, wife and husband, dated November 29, 2005 and recorded in Deed Book 465, at page 575, 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 12th day of November, 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-00307

Fifth Third Mortgage Company, Plaintiff, VS. Donald W. Archer, AKA Donald Archer; Shannon C. Archer, AKA Shannon Archer; Cumberland Valley National Bank & Trust Co.; and KY Lien Holdings, LLC,         Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on October 7, 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, December 2, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendants, Donald W. Archer, AKA Donald Archer and Shannon C. Archer, AKA Shannon Archer, is as follows:

(1) The principal sum in the amount of $36,139.77, plus interest on the principal sum at the rate of 6% per annum from October 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: 1050 Highway 26, Williamsburg, Kentucky, 40769

Parcel No: 127-00-00-037.00

The following property situated in the City of Williamsburg, County of Whitley, State of Kentucky, to-wit:

Beginning at a stone Lee Durham corner and on East bank of State of Highway No. 26; thence with the line of State Highway No. 26 N 29 degrees E, 424 feet to center of driveway; thence S 61 degrees 45’ E, 61 feet to center of wall; thence S 50 degrees 30’ E, 224 feet to stone; thence S 46 degrees W, 490 feet to a stone corner of Durham Bundy; thence with the Durham line N 26 degrees W, 124 feet to the Beginning. One half of the Well is conveyed in this deed.

Exception: There is excepted from this conveyance and not conveyed herein all of the same land conveyed by John Roberts and wife, Bessie Roberts, to Walter Roberts, by deed dated January 4, 1993 and recorded in Deed Book 361, Page 299, to which deed reference is made for a complete description of the property which is excepted from this conveyance.

Being the same property conveyed to Donald W. Archer and Shannon C. Archer, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Charles Archer and Sarah Archer, husband and wife, dated March 14, 2006, recorded March 16, 2006, at Deed Book 467, Page 686, Whitley County, Kentucky 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 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 12th day of November, 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-00417

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. JEFF L. THOMAS; JEANNETTE M. THOMAS; 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 October 7, 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, December 2, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jeff L. Thomas and Jeannette M. Thomas, plus costs, is as follows:

(1) The Defendants, Jeff L. Thomas and Jeannette M. Thomas, are indebted to the Plaintiff in the sum of $75,208.00 as of June 18, 2013, with interest thereon at the contract rate of 10.04% 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.

(2) There is a 2011 Clayton Mobile Home, Serial No. CLH035344TNAB that is situated on the real property and shall be included with the real property.

Said property address is: 3130 Highway 26, Corbin, KY 40701.

The real property to be sold is as follows:

DEED ONE

BEGINNING at a fence post on West side of private road leading from Route #26 and in right of way of L&N Railroad; with right of way of L&N Railroad in a Westerly direction approximately 400’ to corner and line of Chrisley Eaton property, with the old fence and line of Chrisley Eaton in Southerly direction approximately 350’ to a stake on bank of large branch; thence leaving Eatons line and down branch with meanders of same in Easterly direction approximately 326 ft. to stake at Western edge of private road; thence with road in Northerly direction approximately 340’ to fence post the BEGINNING corner.  The grantee is to have use of this road as entrance to his property.

DEED TWO

BEGINNING at a point in east line of L&N railroad right of way at the northwest corner of the Ben Eaton 100 acre tract; thence with the right of way line S 67 W 1072 feet to a stake on the east side of the Butcher-Brown roadway; thence with the East side of said roadway and 15 feet from the centerline thereof S 30 ½ W 74 feet, S 3 E 76 feet, S 16 E 224 feet, S 27 E 142 feet to Brown’s corner; thence with his line N 50 E 1173 feet to a sweet gum in Ben Eaton’s line; thence with the Ben Eaton’s line N 15 W 264 feet to the BEGINNING, including the use of the 30 foot roadway along the west end of this property out to Highway No. Ky. #26.

Being the same property conveyed by Deed to Jeffrey Thomas and his wife, Jeannette Thomas, from James E. Thomas and his wife, Donna F. Thomas, dated July 11, 2008, recorded July 11, 2008 in Deed Book 484 at Page 599, of records in the Office of the Clerk of Whitley County, 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 (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 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 12th day of November, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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