Legal Notices for 6/5/13, page 2

 

 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 24th day of May, 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. 12-CI-00685

Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Gerald Cope, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 7, 2013, and a subsequent Order entered May 6, 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, June 17, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

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

(1) The principal sum in the amount of $84,324.31, plus interest from 02/01/11 in the amount of $7,009.38, plus advances in the amount of $2,572.36, for a total in  the amount of $93,906.05, together with interest at the rate of 4.7500 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 $1,150.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1004 Maple Lane, Corbin, KY 40701.

Being lots No. 79 and 80 on Block 3 of the Bruce Hammons Addition to the City of Corbin, Kentucky, 8 map or plot of which is duly recorded in Map Book 1, Page 158, Whitley County Clerk’s Office, and to which map reference is hereby made a more full and complete description of said lots.

Being the same property Gerald Cope, single obtained title to by deed dated 3/30/07, executed by Janet Snyder and Jim Snyder, of record in DB 476, at Pg. 278, 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 24th day of May, 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. 12-CI-00681

BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF, VS. THE ESTATE OF SCOTT J. MILLER; THE ESTATE OF LINDA G. MILLER; AMBER DAWN WOOLUM; SARA BRIANNE MILLER; CHRYSLER FINANCIAL SERVICES AMERICAS LLC DBA CHRYSLER FINANCIAL; UNKNOWN SPOUSE OF AMBER WOOLUM; AND UNKNOWN SPOUSE OF SARA BRIANNE MILLER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 6, 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, June 17, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendants, The Estate of Scott J. Miller, and The Estate of Linda G. Miller, Amber Dawn Woolum, Sara Brianne Miller, and Unknown Spouse of  Amber Dawn Woolum, and Unknown Spouse of Sara Brianne Miller, plus costs, is as follows:

(1) The present principal balance of $43,421.53, together with accrued interest thereon at the current Note rate of 10.5% per annum, plus Plaintiff’s costs expended, plus attorney fees of at least $2,500.00.

PROPERTY ADDRESS: 509 Oak St., Corbin Kentucky 40701

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

Lots No. 17 and 18 in the Hawkins Addition to the City of Corbin, Kentucky, and bounded and described as follows:

Commencing at a stake in Oak Street, corner of Lot No. 19, running thence 120 feet to an alley; thence with said alley 120 feet to the corner of Lot No. 16, thence west with the said line 130 feet to corner of Oak Street, thence with Oak Street 120 feet to the beginning.

Exception:  There is excepted from the foregoing that portion sold and conveyed by the late Maggie Harp to Alex Byble and his wife, by deed bearing date of May 14, 1946, which is of record in Deed Book 163, page 333, Whitley County Court Clerk’s Office and bounded as follows:

Beginning at a point in the east line of said Oak St. and Herb’s Corner; thence eastward with Herb’s line 130 feet to the west line of an alley; thence northward with the west line of said alley 49 feet to a stake; thence westward, running parallel to the first line, 130 feet to the east line of Oak Street; thence southward with the east line of Oak Street 49 feet to the beginning.

Being the same property as conveyed by Bayview Financial Property Trust, a Delaware statutory trust, to Linda G. Miller & Scott J. Miller, by Assignment of Seller’s Interest in Land Contract dated August 26, 2008, filed October 16, 2008, as Miscellaneous Book 154, Page 621 and conveyed by RECA Limited Partnership to Bayview Financial Property Trust, by  Assignment of Contract for Deed, dated November 4, 2005, recorded October 16, 2008, as Miscellaneous Book 154, Page 620 of Office of Whitley County Clerk, 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, 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, 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 24th day of May, 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. 12-CI-00289

Bank of America, N.A., PLAINTIFF, VS. Charles Valiquette, et al, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 7, 2012, and a subsequent Order entered on May 6, 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, June 17, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Charles Valiquette, is as follows:

(1) The principal sum in the amount of $126,290.15, plus interest on the principal sum at the rate of 5.25% per annum from September 1, 2010 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: 3761 Browns Creek Road, Williamsburg, Kentucky 40769

Parcel #: 160-00-00-013.00

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

Beginning on a stone on the gap of the ridge between Maple and Browns Creek at the county road a corner of Nervia Jane Hill; also a corner of J.H. Cupp thence with the Nervia Jane Hill line S. 20 30 E 307 feet to a pine near a spring; thence S 53 30 E 187 feet to a stone on top of the ridge above a spring; thence 6 chains and 21 feet to a stone on the top of the ridge running up from the cemetery; thence going down said ridge 8 chains and 18 feet to a stone on the cemetery ridge; thence with the fence 7 chains and 55 feet to a stone at the county road; thence with the county road 7 chains 23 feet to the Beginning corner between Maple Creek and Browns Creek.

Being the same property conveyed to Charles Valiquette, single who acquired title by virtue of a deed from Josh Perry, Sr. and Alice Perry, husband and wife, dated December 20, 2004, filed December 23, 2004, recorded in Deed Book 458, Page 69, 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 24th day of May, 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. 11-CI-00998

PHH Mortgage Corporation, Plaintiff, VS. Christopher Losh a/k/a Christopher D. Losh; Marcella Losh, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 5, 2012, and a subsequent Order entered May 6, 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, June 17, 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 $117,221.76, plus interest from 07/1/11 in the amount of $5,372.64, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $442.11, plus property inspection fees in the amount of $45.00, plus BPO/Appraisals in the amount of $204.00, plus attorney fees in the amount of $1,351.00, plus late charges in the amount of $164.20, for a total in  the amount of $124,799.71, together with interest at the rate of 6.8750 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: 1360 Riva Ridge, Corbin, KY 40701.

Being Lot No. 350 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a full and complete description of said lot.

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Record Book 30, Pages 445-448, Whitley County Court Clerks’ Office.

Being the same property conveyed to Christopher Losh, unknown marital status, from David Wayne Prewitt and Robin Prewitt, husband and wife, by deed dated May 12, 2006 and recorded May 18, 2006, in Deed Book 469 and Page 268, 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 24th day of May, 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. 11-CI-00923

JPMORGAN CHASE BANK, N.A., PLAINTIFF, VS. TOMMY L. JUSTICE JR AKA TOMMY JUSTICE JR; STEPHANIE N. JUSTICE;  CREDIT ACCEPTANCE CORPORATION, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 5, 2012, and a subsequent Order entered May 6, 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, June 17, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Tommy L. Justice Jr. aka Tommy Justice Jr. and Stephanie N. Justice, plus costs, is as follows:

(1) The sum in the amount of $107,991.28, plus interest at the current rate of 6.50000% from 8/15/2012, until paid, plus additional fees, costs and expenses, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property, plus attorney’s fees, title abstract and title update fees paid, or agreed to be paid, to its counsel for the prosecution of this matter.

PROPERTY ADDRESS: 1014 Peach Ln., Williamsburg, KY 40769.

Said property is located in Whitley County, Kentucky, and more particularly described as follows:

Parcel # 1

BEGINNING on a stake on the line of Tract III, Lot 2 of this division; thence S 72 07` 02” E 289 feet to a stake in the Donnie Huddleston line; thence with said Huddleston line N 23 32` 38” W 161.75 feet to a stake; thence N 70 07` 02” E 280 feet to a stake; thence a southeasterly direction approximately 162 feet to the point of BEGINNING. Containing 1.08 acres, more or less. There is also included in this conveyance an easement along the Southern line of Grantor`s property 15 feet in width to an existing gravel or dirt roadway, said easement is approximately 62.4 feet in length.

PARCEL # 2

(Tract III, Lot 2)

BEGINNING on a survey marker in the center of Sanders Creek, in the westerly line of the William E. Meadors tract, and at the southeasterly corner of Tract 1, Lot 1, of this division, said point of beginning bearing S 23° 19` 17” W 1370-95 feet from a P-K nail in the intersection of the centerlines of Craig Road and Wilson Road, and running thence with the meanders of Sanders Creek the following calls: S 37° 42` 16” E 41.60 feet to a point; thence S 10° 18` 16” E 52.92 feet to a point; thence S 60° 48` 33” E 26.40 feet to a point; thence S 00° 41` 23” W 39.26 feet to a point; thence S 06° 34` 48” W 8.46 feet to a point at the northeast corner of tract III, Lot 3; thence leaving Sanders Creek and running with the north line of Tract III, Lot 3 S 70° 07` 02” W 10.00 feet to a survey marker set as a witness corner; thence S 70° 02` 02” W 267.55 feet to a survey marker in the east line of an existing graveled or dirt roadway; thence crossing said road S 70° 07` 02” W 20.50 feet to a survey marker in the westerly line of said roadway; thence continuing with the northerly line of Tract III, Lot 3, S 70° 07` 02” W 294.39 feet to a survey marker at the northwesterly corner of Tract III, Lot 3, and in the easterly line of the Donnie Huddleston tract; thence leaving the Tract III, Lot 2; thence leaving the Huddleston line and running with the southerly line of Tract III, Lot 1, N 70° 07` 02” E 351.40 feet to a survey marker in the westerly line of an existing graveled or dirt roadway; thence crossing said roadway N 70° 07` 02” E 20.75 feet to a survey marker in the easterly line of said roadway; thence continuing with the south line of Tract III, Lot 1, N 70° 07` 02” E 226.62 feet to the point of beginning containing a calculated area of 2.162 acres as per survey and plat dated October 12, 1996 by Gary R. Owens, RLS KY Registration Number 2681.

EXCEPTION to Tract III, Lot 2:

There is excepted from the above description a twenty-foot roadway, said roadway being reserved for the purpose of access to all tracts and lots of this division and being only that portion of said roadway which is within the boundaries of Tract III, Lot 2 of this division and being more fully described as follows; to-wit: BEGINNING on a survey marker on the southerly line of Tract III, Lot 1, said survey marker being the northeasterly corner of that portion of said roadway which lies with the boundaries of Tract III, Lot 2, and running thence with the easterly line of said roadway the following calls: S04° 23` 55” E 78.46 feet to a point; thence S 16° 13` 26” E 40.42 feet to a point; thence S 15° 44` 59” E 36.81 feet to a point; thence S 07° 09` 24” E 10.45 feet to a survey marker in the northerly line of Tract III, Lot 3; thence with the northerly line of Tract III, Lot 3, S 70° 07` 02” W 20.50 feet to a survey marker in the westerly line of said roadway; thence with the westerly line of said roadway the following calls N 07° 09` 24” W 19.02 feet to a point; thence N 15° 44` 59” E 35.13 to a point; thence N 16° 13` 26” W 36.76 to a point; thence N 04° 23` 55” W 74.99 feet to a survey marker in the southerly line of Tract III, Lot 1; thence with the southerly line of Tract III, Lot 1, N 70° 07` 02” E 20.75 feet to the point of beginning.

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 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 24th day of May, 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. 11-CI-00239

FSGBANK, N.A. and KENESAW LEASING, INC., PLAINTIFF, VS. Charles E. McCullah, Gail McCullah, a/k/a Ina Gail McCullah; Emlyn Coal Processing, Inc; Best Transit, Inc.; Whitley County, Kentucky; City of Williamsburg, Kentucky; Commonwealth of Kentucky Dept of Revenue; Commonwealth of Kentucky Div of Unemployment Ins.; United States of America Internal Revenue Service; Delta Natural Gas Company, Inc; Williamsburg National Bank n/k/a Forcht Bank, N.A., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 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, June 17, 2013 at 12:00 p.m., or thereabout, the real property described in this Notice.

Defendant, Best Transit, Inc., [hereinafter, “BTI”] has received a judgment against the Defendant, Charles E. McCullah, plus costs, and to any interest by virtue of dower rights of Gail McCullah a/ka Ina Gail McCullah, as follows:

(1) The sum of $2,314,679.17 for principal and interest through February 1, 2013, plus post-judgment interest at 12% until this Judgment is satisfied, through the Laurel Circuit Court, Civil Action No. 05-CI-01205, rendered on March 14, 2008. 

(2) In addition, costs and attorney’s fees of $14.716.28, as of March 14, 2008, and additional attorney’s fees of $3,148.33 is assessed against the property in favor of the Defendant, BTI, as well as the costs of this action.

(3) Interest has continued to accrue on the Judgment by applicable statute in the amount of Twelve Percent (12%) per annum and will continue accruing on the Judgment at Twelve Percent (12%) per annum until paid in full, plus any supplemental costs.

Property Address: 862 Hwy 26, Williamsburg, KY 40769

A certain tract or parcel of land lying in Whitley County, Kentucky containing one lot, and bounded and described as follows:

Beginning at a point in the right of way of KY Highway 26 and Browns Creek, thence downstream with Browns Creek about 100 feet to the center line of old Highway 25, thence with the line of the center of old Highway 25 southward to where it converges with present KY 26 about 500 feet; thence with the right of way of KY 26, northward to the Browns Creek bridge, the beginning corner.

Being the same property conveyed to Charles E. McCullah by deed of conveyance from James R. Hudson, II and Laura Hudson, his wife, dated December 30, 2004 and recorded in Deed Book 475, Pages 318-320, on March 1, 2007, 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 ten percent (10%) down with the balance in 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 amount against the purchase price, and shall only be required to pay court costs, and all unpaid county property taxes due and owing, and the fees and costs of the Master Commissioner, 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 24th day of May, 2013.                     

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

PUBLIC NOTICE

The second reading and adoption of the Whitley County Fiscal Court proposed budget ordinance #2013-04 for Fiscal Year 2013-2014 is scheduled to be held at the courthouse, in the Fiscal Court Room on June 18, 2013 at 06:00 PM.

BUDGET SUMMARY

An Ordinance relating to the Annual Budget and Appropriations.

BE IT ORDAINED BY THE FISCAL COURT OF WHITLEY COUNTY, KENTUCKY

WHEREAS, the proposed budget was approved by the fiscal court on May 21, 2013 and approved as to form and classification by the State Local Finance Officer.

SECTION ONE. The following budget is for the Fiscal Year 2013-2014 and the amounts stated are appropriated for the purposes indicated:

General Fund

5000           General Government 1,678,665.00

5100           Protection to Persons and Property             159,654.00

5200           General Health and Sanitation 427,870.00

5300           Social Services                    8,500.00

7700           Leases                                                  187,616.00

9100           General Services            232,018.00

9200           Contingent Appropriations 53,678.00

9400           Fringe Benefits                415,800.00

                    Total General Fund     3,163,801.00

 

Road Fund

5000           General Government          7,500.00

6100           Roads                                                    1,983,712.00

7700           Leases                                                  25,848.00

9100           General Services              71,782.00

9200           Contingent Appropriations 45,470.00

9400           Fringe Benefits                351,950.00

9500           Dist. To other Government Agencies          37,000.00

                    Total Road Fund          2,523,262.00

 

Jail Fund

5100           Protection to Persons and Property             1,939,423.00

7200           Debt Service                    392,958.00

9100           General Services            103,709.00

9200           Contingent Appropriations 33,685.00

9400           Fringe Benefits                487,270.00

                    Total Jail Fund             2,957,047.00

 

Local Government Economic Assistance Fund

5000           General Government     199,600.00

5400           Recreation and Culture   60,000.00

6100           Roads                                                    112,500.00

9200           Contingent Appropriations 2,500.00

                    Total L.G.E.A. Fund         374,600.00

 

Federal Grants Fund

8000           Capital Projects           1,387,500.00

                    Total Federal Grants Fund 1,387,500.00

 

Ambulance Fund

5100           Protection to Persons and Property             1,574,345.00

7700           Leases                                                  44,368.00

9100           General Services              90,980.00

9200           Contingent Appropriations 40,000.00

9400           Fringe Benefits                536,025.00

                    Total Ambulance Fund 2,285,718.00

 

Forestry Fund

5100           Protection to Persons and Property             3,500.00

9200           Contingent Appropriations 4,100.00

                    Total Forestry Fund            7,600.00

 

Occupational Tax Fund

5000           General Government     108,200.00

9100           General Services                 4,150.00

9200           Contingent Appropriations 35,350.00

9400           Fringe Benefits                 33,400.00

9500           Dist. To other Gov. Agencies 2,090,000.00

                    Total Occupational Tax Fund 2,271,100.00

 

Tourist Tax Fund

5400           Recreation and Culture   48,000.00

9200           Contingent Appropriations 2,700.00

                    Total Tourist Fund             50,700.00

 

911 Fund

5100           Protection to Persons and Property 421,900.00

9100           General Services                2,750.00

9200           Contingent Appropriations 24,350.00

9400           Fringe Benefits                142,800.00

                    Total 911 Fund                591,800.00

 

TOTAL BUDGETED APPROPRIATIONS

Total General Fund $ 3,163,801.00

Total Road Fund $ 2,523,262.00

Total Jail Fund    $ 2,957,047.00

Total LGEA Fund   $ 374,600.00

Total Federal Grants Fund $ 1,387,500.00

Total Ambulance Fund $ 2,285,718.00

Total Forestry Fund  $ 7,600.00

Total Occupational Tax Fund            $ 2,271,100.00

Total Tourist Fund   $ 50,700.00

Total 911 Fund     $ 591,800.00

Total All Funds $15,613,128.00

 

SECTION TWO. This ordinance shall be published in the local newspaper by title and summary within thirty (30) days following adoption.

SECTION THREE. This ordinance shall become effective upon passage and publication.

NOTICE OF AVAILABILITY

All interested parties and organizations in the County are hereby notified that a copy of the County’s Adopted Budget in full is available for public inspection at the office of the County Judge/Executive during normal business hours.