Legal Notices for 7/3/13, page 2

 

 

 SECTION FOUR: This Ordinance shall be published by title and summary within thirty (30) days of its adoption.

SECTION FIVE: This Ordinance becomes effective immediately upon passage and publication as required by law.

Adopted this 14th day of June 2013.

Roddy Harrison, Mayor                First Reading: June 13, 2013

ATTEST: Teresa Black, City Clerk   Second Reading: June 14, 2013

         

Ordinance# 13-006

BUDGET SUMMARY

2013-2014

CITY OF WILLIAMSBURG

General Fund Revenues ……………………. $3,086,300.00

 

 

General Fund Expenditures:

General Fund …………………………………….. $ 1,078,668.00

Police Department …………………………………. $ 943,502.00

Fire Department ……………………………………. $ 354,740.00

Street Department …………………………………. $ 130,500.00

Sanitation Department…………………………….. $ 492,060.00

Recreation Department …………………………….. $ 86,860.00

Total ……………………………………………… $ 3,086,300.00

 

 

Hal Rogers Family Entertainment Center

Revenues

Hal Rogers Family Entertainment Center  ……… $1,155,500.00

Expenditures

Hal Rogers Family Entertainment Center  ……… $1,155,500.00

 

 

Hal Rogers Family Entertainment Sinking Fund

Revenues

H.R.F.E.C. Sinking Fund …………………………. $490,000.00

Expenditures

H.R.F.E.C. Sinking Fund …………………………. $490,000.00

 

 

WATER AND SEWER REVENUE

Revenues

Water Revenue …………………………………… $ 1,163,000.00

Sewer Revenue …………………………………….. $ 871,500.00

Total Revenues ………………………………….. $ 2,034,500.00

Expenditures

Water Expenditures ……………………………… $ 1,060,855.00

Sewer Expenditures ……………………………….. $ 973,645.00

Total Expenditures ……………………………….. $2,034,500.00

 

 

WATER AND SEWER SINKING FUND

Revenues

Water and Sewer Sinking Fund Revenue ………… $ 349,800.00

Expenditures

Water Sinking Fund Expenditures ……………….. $ 130,305.00

Sewer Sinking Fund Expenditures ……………….. $ 219,495.00

Total ………………………………………………… $ 349,800.00

 

 

BRIAR CREEK PUMP STATION

(BALL PARK)

Revenues

Briar Creek Pump Station (Ball Park)

   Revenue Reserve (2012-2013) ……………………… $ 1,488.00

Transfer Water and Sewer Replacements…………… $ 40,032.00

Total………………………………………………….. $ 41,520.00

Expenditures

Briar Creek Pump Station (Ball Park)

   Expenditures (Bond Payment) ………………….. $ 41,520.00

Total  ………………………………………………… $ 41,520.00

 

 

Roddy Harrison, Mayor                First Reading: June 13, 2013

ATTEST: Teresa Black, City Clerk   Second Reading: June 14, 2013

 

 

 

 

 

 

COMMONWEALTH OF KENTUCKY- 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-00138

CitiMortgage, Inc., PLAINTIFF, VS. Misty Justice; Roger Justice; Bank of Corbin nka Hometown Bank of Corbin, Inc., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 20, 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, July 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Misty Justice and In Rem Summary Judgment against Defendant, Roger Justice, plus costs is as follows:

(1) The principal sum in the amount of $117,753.56, plus interest on the principal sum at the rate of 6.49% per annum from July 1, 2011 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: 312 Marsee Trail, Corbin, KY 40701

Parcel Number: 069-00-00-025.01

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

Unless stated otherwise, any monument referred to herein as an “Iron pin and cap” is set ½” iron rebar pin, 24” in length, with a yellow plastic cap stamped “RMF 3051”.  All bearings herein referred to the north meridian in the deed of record.

Beginning at a found iron pin w/ yellow cap “EG 3276” on the south side right-of-way of Marsee Trail (formerly Frog Pond Road), 15’ from the centerline corner of Carl & Garnett Johnson (DB 435, PG 324); thence leaving the Johnson line and with the right-of-way, the following four calls, (1) N 57 degrees 59’ 38” E, 80.14’ to a point; thence, (2) N 53 degrees 54’ 09” E, 44.16’ to a point; thence, (3) N 47 degrees 36’ 28” E, 35.00’ to a point; thence, (4) N 35 degrees 19’ 23” E. 99.09’ to a found metal survey marker in the outside line of the grantor; thence leaving the right-of-way and with the line of the grantor and wire fence, S 50 degrees 02’ 14” E, 248.00’ to an iron pin and cap; thence with a line bisecting a portion of the grantors tract, S 49 degrees 08’ 37” W, 312.98’ to a found iron pin w/ yellow cap “EG 3276”, corner of Johnson; thence with the Johnson line, N 36 degrees 15’ 10” W, 236.97’ to the point of beginning.

Containing 1.50 acres more or less, according to a survey by Richard Frederick, PLS #3051 on October 1, 2003.

Being the same property conveyed to Misty Justice and Roger Justice, Wife and Husband who acquired title, with rights of survivorship, by virtue of a deed from Denver Lee Young (single), dated September 21, 2005, filed September 26, 2005, recorded in Deed Book 464, Page 313, 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%.  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 25th day of June, 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. 12-CI-00413

JPMORGAN CHASE BANK, N.A., PLAINTIFF, VS. DANIEL SMIDDY; KRISTEN SMIDDY; DH CAPITAL MANAGEMEN, INC.;COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 23, 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, July 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Daniel Smiddy, plus costs, is as follows:

(1) The sum of $136,210.83, plus interest at the rate of 5.25000 percent per annum from May 1, 2011, 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: 8546 Hwy 26, Rockholds, KY 40759.

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

A certain tract of parcel of land lying and being in Whitley County, Kentucky, on the waters of Watts Creek, a tributary of Cumberland River (Rockholds Quadrangle), located at the intersection of State Route #26 and Colonel Hollow Road, and more particularly described as follows:

All bearings are referenced from adjoiner Deed Book 311, Page 263, the reference bearing being North 20 Degrees 53 Minutes 00 Seconds, all 1/2 inch x 18 inch iron rebar set this survey are with an aluminum Surv-kap stamped #2581 or a plastic cap stamped witness LPS #2581 and all distances are expressed in feet. This property tract is subject to all rights-of-way, easements, covenants, and restrictions of record and in existence. The Kentucky Department of Highways should approve all future access entrances to State Highways. This survey was completed without a legal title abstract being performed.

BEGINNING at an iron rebar (set), located 25.0 feet east from the approximate centerline of State Route #26 (right-of-way width scaled from Highway Plans dated 1920, Sheet #14), and witnessed by a P&K (set), which is located at intersection of the east right-of-way line of State Route #26 and the approximate centerline of Colonel Hollow Road, which bears South 20 degrees 27 minutes 18 seconds East 663.04 feet, also witnessed by an iron rebar (set), located at base of 12 inch maple, which bears North 21 degrees 06 minutes 04 seconds West 198.92 feet; said witness rebar also being a property boundary corner of Effie Longworth (Deed Book 386, Page 436 -now or formerly);

Thence, leaving the east right-of-way line of State Route #26, severing the parent tract and establishing a new property boundary line, North 70 degrees 32 minutes 47 seconds East 315.86 feet to an iron rebar (set); Said iron rebar also being a property boundary corner of Mark and Viola Powell (deed Book 311, Page 263-now or formerly);

Thence, with the Ball and Powell property boundary line, South 20 degrees 58 minutes 04 seconds East 84.92 feet to an iron rebar (set), witnessed by a 5/8 inch anchor bold (found), which bears North 20 degrees 58 minutes 04 seconds West 25.42 feet, also being a property boundary corner of Mark and Viola Powell (Deed Book 311, Page 263 –now or formerly);

Thence, leaving the Powell property boundary line, severing the parent tract and establishing a new property boundary line, South 67 degrees 48 minutes 40 seconds West 315.97 feet to an iron rebar (set), located 25.0 feet east from the approximate centerline of State Route #26;

Thence, with the east right-of-way line of State Route #26, North 20 degrees 53 minutes 51 seconds West 100.00 feet to the corner of the beginning containing 0.670 acre, more or less, and described by a property boundary survey completed, March 14, 2006, by Kentucky Surveys, Inc., Charles J. Felts, LPS #2581,and being a part of the same tracts of land conveyed by deeds to Darrell Ball and Jo Ann Ball, husband and wife, from Elmer Cox and Lois Cox, husband and wife, duly recorded n Deed Book 457, Page 491 and Deed Book 448, Page 280 of records in the Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

Being the same property conveyed to Daniel Smiddy and his wife Kristen Smiddy, from Darrell Ball and Jo Ann Ball, by Deed dated 04/03/2009, recorded 04/13/2009, Deed Book 489, page 366, Whitley County Clerk`s Records, and being known as 8546 Hwy 26, Rockholds, KY 40759.

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%.  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 25th day of June, 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. 12-CI-00446

ROY HENDRICKSON, PLAINTIFF, VS. ASSET ACCEPTANCE, LLC; GLENNA SMITH, AND HER HUSBAND, GRAYSON SMITH; PHILLIP HENDRICKSON, SINGLE; BRENDA FERGUSON, WIDOW; JUDITH FOX, SINGLE; VALERIE FARMER, AND HER HUSBAND, JOHNNY FARMER; BARBARA TAYLOR, AND HER HUSBAND, TERRY TAYLOR; CITY OF CORBIN; AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Order of Sale entered by the Whitley Circuit Court on February 18, 2013, and subsequent Orders entered March 12, 2013 and May 29, 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, July 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Order of Sale, plus costs, is as follows:

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:     289 Fairview Street, Corbin, KY 40701.

Tract I:

Beginning at a stone at the Martin and Payne line and running in a northern direction about four hundred feet with the Teague line; thence about two hundred feet, more or less, with the Love and Teague line to a post in the Muncy line; thence with the Pridemore line about 150 feet to a stone, Pridemore’s corner; thence a straight line to the beginning.

Being the same real estate conveyed to Paul Hendrickson and his wife, Mildred Hendrickson, by Caleb Messer, et. ux. on November 1, 1956, Deed Book 187, Page 595, Office of the Whitley County Court Clerk with joint survivorship. For further source of title see Deed Book 179, Page 53, Office of the Whitley County Court Clerk. Said deed is attached hereto as Exhibit B. This property is subject to the Last Will and Testament of Paul Hendrickson, deceased.

Beginning at a stone, W. L. Muncy’s corner, thence northward with lines of said Muncy and Rebecca Petrey to Marsh Petrey’s corner; thence westward to a black gum and stone; thence southward a straight line to Hugh Martin’s line at a stone; thence eastward with Hugh Martin’s line to the Beginning.

Tract II:

Being the same real estate conveyed to Paul Hendrickson and his wife, Mildred Hendrickson, by George Farmer, et. ux. on March 22, 1960, Deed Book 200, Page 267, Office of the Whitley County Court Clerk. Said deed is attached hereto as Exhibit C. This property is subject to the Last Will and Testament of Paul Hendrickson, deceased.

Less the off conveyance beginning at a stake at the end of a private road  (Which private road commences at the end of Mitchell Street and runs between the line of Paul Hendrickson and Melvin Rogers), and being a corner of Hendrickson and Rogers; thence with the Rogers line and an old fence row in a northwardly direction a distance of approximately 135’ to a stake in the line of Rogers; thence in an eastwardly direction a straight line a distance of approximately 220’ to a stake; thence in a southwardly direction a straight line a distance of approximately 200’ to a stake; thence in a westwardly direction a straight line a distance of approximately 250’ to a stake; thence in a northwardly direction a straight line a distance of approximately 250’ to a stake; thence in a northwardly direction a straight line a distance of approximately 65’ to a stake in the right-of-way line of the said private road a distance of approximately 30’ back to the point of beginning.         

For further source of title see Deed Book 341, Page 313, Office of the Whitley County Court Clerk attached hereto as Exhibit D. This net real estate is subject to the intestate interest of Mildred Hendrickson. Deceased and the Last Will and Testament of Paul Hendrickson, deceased.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole.

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 sixty (60) 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 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.

Dated this 25th day of June, 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. 12-CI-00519

JPMorgan Chase Bank, National Association, Plaintiff, VS. Earl Johnson; Rebecca Johnson, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 20, 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, July 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $94,308.91, plus interest from 07/1/11 in the amount of $6,601.56, plus pre-acceleration late charges in the amount of $284.04, plus total escrow in the amount of $1,838.30, plus property preservation in the amount of $590.00, plus property inspections in the amount of $126.00, for a total in the amount of $103,748.81, together with interest at the rate of 6.0000 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 $1,350.00, 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: 505 West 3rd Street, Corbin, KY 40701.

BEGINNING at a stake south side of Third Street 100 feet from the east side of Sycamore Street, point of compass reading, S. 12 E. 84’ 0” to a stake; thence S. 75 W. 50’ 0” to a stake; thence N. 12 W. 84’ 0” to a stake, south side of Third Street; thence N. 75 E. 50’ 0” to the BEGINNING.

There is also conveyed by this deed the following tract or parcel of land lying in Corbin, Whitley County, Kentucky, on the south side of Third Street:

BEGINNING at a stake and large locust post at the NW corner of Thos. Chandler lot in the south line of Third Street in Corbin; thence S. 14-1/2 E. 84 feet to a stake at the NE corner of Bird Salmon’s lot; thence S. 74-1/2 W. 100 feet to a stake at the NW corner of said Salmon’s lot at a street; thence N. 14-1/2 W. with said street 84 feet to Third Street; thence with Third Street S 74-1/2 E. 100 feet to the BEGINNING, being one lot 84 x 100 feet.

Being the same property Earl A. Johnson and wife Rebecca Johnson obtained title to by deed dated 2-12-08, executed by Barbara R. Davenport of record in DB. 481, at Pg. 714 in 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 25th day of June, 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-00079

JPMorgan Chase Bank, National Association, Plaintiff, VS. Jessie J. Bryant; Rose M. Bryant; Mortgage Electronic Registration Systems, Inc.; PNC Bank, National Association successor by merger to National City Bank successor by merger to Provident Bank, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 3, 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, July 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $163,020.28, plus interest from 10/1/12 – 3/31/13 in the amount of $3,769.86, plus late charges in the amount of $112.14, plus advances for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,518.48, plus property inspection fees in the amount of $154.00, for a total in  the amount of $169,574.46, together with interest at the rate of 4.625 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: 118 Ruffian Trail, Corbin, KY 40701.

SITUATED IN THE COMMONWEALTH OF KENTUCKY AND THE COUNTY OF WHITLEY, AND BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:

BEING LOT NUMBER ONE HUNDRED EIGHTY-SEVEN (187) OF THE TATTERSALL TRAILS ESTATES IN WHITLEY COUNTY, KENTUCKY, A MAP OR PLAT OF WHICH IS RECORDED IN MAP BOOK 3, PAGE 48 OF THE WHITLEY COUNTY CLERK’S OFFICE, AND TO WHICH MAP OR PLAT REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION OF SAID LOT.

SUBJECT TO PROTECTIVE AND RESTRICTIVE COVENANTS OF RECORD IN MISCELLANEOUS BOOK 30, PAGE 10 OF THE WHITLEY COUNTY CLERK’S OFFICE.

SUBJECT TO ALL EASEMENTS, CONDITIONS, COVENANTS, RESERVATIONS, AND RESTRICTIONS OF RECORD, IF ANY, AND TO ALL LEGAL HIGHWAYS AND RIGHT-OF-WAYS.

BEING THE SAME PREMISES CONVEYED TO JESSIE J. AND ROSE M. BRYANT, HUSBAND AND WIFE, BY DEED DATED JULY 10, 2001 AND RECORDED IN DEED VOLUME 428, PAGE 45 OF THE WHITLEY COUNTY, KENTUCKY 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 25th day of June, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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