Legal Notices for 8/1/12, page 4

 

 

 7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-382

JPMorgan Chase Bank, N.A., Plaintiff,  VS. Deborah Jean Fair aka Deborah Robinson; James Matthew Fair; Forcht Bank, N.A. successor By merger to Williamsburg National Bank, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Deborah Jean Fair aka Deborah Robinson and James Matthew Fair, plus costs, is as follows:

(1) The principal sum in the amount of $61,147.46, plus interest from 06/1/09-3/15/12, in the amount of $11,519.97, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,629.34, plus property inspection fees in the amount of $42.00, plus property preservation in the amount of $2,238.18, plus late charges in the amount of $155.65, for a total in the amount of $77,732.60, together with interest at the rate of 6.750 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: 594 Wofford Cemetery Road, Williamsburg, KY 40769.

Lying on the waters of Watts Creek, at Wofford, Whitley County, Kentucky and being a part of the land conveyed to William H. Reynolds from W.W. Reynolds, a widower, et al by deed dated 6-5-67 in deed book 323, page 140, in the Whitley County Court Clerk’s Office and more particularly described as follows:

Beginning at a survey marker at an old fence, in the southern line of the Mary Lee Turner property (DB 233, pg 514) near the south side of an old haul road bed, said point severs grantor’s property herein; thence with the said Turner line, the said fence and the old haul road bed the following courses and distances:

N 77° 36’ 00” E 362.67 feet to a point;

Thence N 76° 29’ 22” E 330.21 feet to a survey marker;

Thence S 68° 56’ 58” E 36.27 feet to a ½” iron pipe; Thence leaving the said old haul road bed and a partial distance with the said old fence and still with the Turner line S 14° 48’ 52” E 111.30 feet to a 13” white oak at the end of an old fence, said point being the northernmost corner of the Geraldine Lane property (DB 235, pg 61); Thence with the said old fence a partial distance, with the said Lane line a partial distance and with the Delores Hayes line (DB 256, pg 375) a partial distance S 71° 35’ 28” W 555.17 feet to a survey marker on the eastern bank of the said ditch, said point being the northeastern corner of the Ernest Abbott property (DB 233, pg 585); Thence with the said Abbott line N 74° 46’ 50” W 137.77 feet to a survey marker just north of an old outdoor privy; Thence  severing the grantor’s property herein N 27° 38’ 42” W 207.11 feet to the POINT OF BEGINNING, containing 2.7342 acres.

AND:

Lying on the waters of Watts Creek at Wofford, Whitley County, Kentucky and being a part of the land conveyed to William H. Reynolds from W.W. Reynolds, a widower, et al by deed dated 6-5-67 in deed book 323, page 140, in the Whitley County Court Clerk’s Office and more particularly described as follows:

BEGINNING at a P-K nail near the center of asphalt pavement of the access road to subject property, said point lies in the eastern line of the Clyde Harden Johnson property (DB 270, pg 635) and being the Northwestern corner of the Ernest Abbott property (DB 233, pg 585); Thence with the said Johnson line a partial distance and with the Nannie Jones Heirs line (DB 120, pg 135) a partial distance N 12° 17’ 00” W 177.66 feet to a survey marker at the base of a leaning steel rail at the western end of an old fence, said point lies in the southern line of the Mary Lee Turner property (DB 233, pg 514), also said point lies near the south side of an old hail road bed; Thence with the said Turner line, the said old fence and the old haul road bed N 77° 02’ 00” E 103.81 feet to a survey marker; Thence severing the Grantor’s property herein S 27° 38’ 42” E 207.11 feet to a survey marker in the aforementioned Abbott’s northern property line; Thence with the said Abbott’s line N 74° 46’ 50” W 73.66 feet to a survey marker just north of an old outdoor privy; Thence still with the said Abbott’s line S 69° 35’ 19” W 94.06 feet to the POINT OF BEGINNING, containing 0.5158 acres. Also conveyed herein is the right to use the driveway as is.

Being the same property conveyed to James Matthew Fair and Deborah Jean Fair, husband and wife, from Myra J. Stanley, single, by deed dated July 13, 2007 and recorded on July 16,2007 in Deed Book 478, Page 224, 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-556

JPMorgan Chase Bank, National Association, Plaintiff, VS. Jonathan Joyce; Christina Joyce, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Jonathan Joyce, is as follows:

(1) The principal sum in the amount of $49,603.41, plus pre-accelaration late charges in the amount of $26.25, plus interest from 01/1/11in the amount of $3,255.15, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $516.23, plus Broker’s Price Opinion/Appraisals in the amount of $78.00,  plus property preservation in the amount of $42.00, plus property inspections in the amount of $56.00, for a total in the amount of $53,577.04, together with interest at the rate of 5.2500 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: 5254 Highway 26, Rockholds, KY 40759.

BEGINNING at a stone on U.S. Highway 25 (now Kentucky 26). Everett Bennett’s line (corner); thence Eastward with Bennett’s line about 186 feet to Watts Creek; thence North with Watts Creek and Ernest’s Siler line about 186 feet to a stone; thence leaving the said Watts Creek, Westward about 182 feet to a stone on the east side of the highway (Ky. 26); thence with the said Highway Southward about 200 feet to the BEGINNING, containing about one acre, more or less.

Being the same property conveyed to Jonathan Joyce and wife, Christina Joyce, from Thomas Watson and wife, Bertha Elizabeth Watson, on February 3rd, 2009 and recorded on February 10, 2009 in Deed Book 488, Page 429 of the records 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-681

JPMorgan Chase Bank, National Association, Plaintiff, VS. Jasmin Marez, Defendant.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Jasmin Marez, is as follows:

(1) The principal sum in the amount of $59,700.17, plus interest from 04/1/11in the amount of $3,009.93, plus pre-accelaration late charges in the amount of $42.74, plus escrow advance total in the amount of $1,147.92, plus property inspections in the amount of $70.00, for a total in the amount of $63,970.76, together with interest at the rate of 5.5000 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 $1,350.00, 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: 206 14th Street, Corbin, KY 40701.

A certain tract or parcel of land lying and being in Whitley County, Kentucky, described as follows:

Beginning at the northeast corner of the Poplar and Fourteenth Street; thence northward with the east line of Poplar Street 210 feet to Thirteenth Street; thence with the south line of Thirteenth Street 100 feet to an alley; thence southward with the west line of said alley 210 feet to the north line of Fourteenth Street; thence westward with the north line of Fourteenth Street 100 feet to the beginning.

Being the same property Jasmin Marez, obtained title to by deed dated 03/13th/2009, executed by Cynthia K. Spicer, of record in DB 489, at Pg. 130, in the Whitley County Clerk’s Office.

Being the same property Cynthia K. Spicer, obtained title to by deed dated 11/07/07, executed by Darwin Allen, a single person, of record in DB 480, at Pg. 374, in the Whitley County Clerk’s Office.

Being the same property Darwin Allen; a single person obtained title to by deed dated 06/05/02, executed by Elmer Gray, a single person, of record in DB. 435, at Pg. 489, in 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-932

L&N FEDERAL CREDIT UNION, PLAINTIFF, VS. MARK ANTHONY SUMMERS, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Mark Anthony Summers is as follows:

(1) The sum in the amount of $22,176.99, plus interest on the principal balance of $21,455.23 at the contract rate of 6.375% per annum from November 17, 2011 until paid, together with costs expended including attorney fees.

Property Address: 201 Union Street, Corbin, KY 40701.

Real property located in Whitley County, Kentucky, described as follows:

BEGINNING at a stake at an alley and road, thence with alley 90 feet to a stake at the graveyard fence at the new reservoir; thence about west 60 feet to a stake; thence about south 90 feet to a road; thence with the road 60 feet, more or less, to the beginning.

ALSO:

A certain tract or parcel of land located on reservoir hill in Corbin, being a part of Lot Number 38 in North Addition to Corbin and described as follows:

BEGINNING at a stake, Bowling’s corner, 60 feet from the original corner, at the intersection of streets, running northwardly with the street to corner of Lot No. 38, as plat shows; thence almost north to a tree at corner of said lot; thence eastwardly to the corner of said lot; thence eastwardly to the corner of Bowling’s lot; thence with Bowling’s line to the beginning.

BEING ALL THE SAME LAND acquired by Mark Anthony Summers and Patricia Ann Summers, husband and wife, by deed of conveyance from Gladys Bowling, unmarried, dated August 2, 1991 and recorded in Deed Book 349, at page 351, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

FOR FURTHER SOURCE OF TITLE reference is hereby made to the quitclaim deed from Patricia Summers, unmarried, to Mark Summers, dated November 12, 2003 and recorded in Deed Book 449, at page 535, in the clerk’s office aforesaid.

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%.  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 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 12-CI-172

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. LONNIE FUSON; UNKNOWN SPOUSE, IF ANY, OF LONNIE FUSON; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Lonnie Fuson, plus costs, is as follows:

(1) The principal sum in the amount of $65,971.94, together with accrued interest thereon at the Note rate of 9.00% starting from September 5, 2011 until paid, plus accrued interest, for any other charges which have accrued; and for its costs expended, plus attorney fees (to be determined).

(2) There is a mobile home a 2006 Clayton House bearing VIN No. CLH030925TNAB currently situated on the real property and shall be included with the real property.

Property Address: 110 Clear View Drive, Corbin, KY 40701.

Being Tracts # 37 and #41, of the Spruce Creek Estates consisting of the 5.57 acres and being recorded in Plat Cabinet 2, Slide 392A, in the office of the Whitley County Clerk.

Being the same property conveyed to Lonnie Fuson, single, by Deed dated October 5, 2005, being of record in Deed Book 464, Page 540, 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 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 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 12-CI-00246

U.S. Bank,  National Association, Successor Trustee To Bank of America, N.A. as successor to Lasalle Bank, N.A. As Trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Assett-Backed Certificates,  Series 2007-2,      PLAINTIFF, VS. Jeremiah P. Johnson aka Jeremiah Johnson; Capital One Bank (USA), N.A. fka Capital One Bank; Tamara Johnson, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Jeremiah P. Johnson aka Jeremiah Johnson and Tamara Johnson, is as follows:

(1) The principal sum in the amount of $83,538.07, plus interest on the principal sum at the rate of 8.9% 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.

The property to be sold is located in Whitley County, Kentucky:

Property Address: 906 West 8th Street, Corbin, KY 40701

Parcel Number: 137-20-09-017.00

Certain lots situated In Block G of the Lee Heights Addition to the City of Corbin, Whitley County, Kentucky, Plat of which is of record in Map Book 1, Page 30, Whitley County Court Clerk’s Office, to-wit:

BEGINNING at a pipe in the north line of 8th Street formerly Union Street, said pipe being 72.5 feet eastwardly from the northeast Intersection of an alley and 8th Street, and also being 2.5 feet westwardly from the southwest corner of Lot #5 in Block G; thence N 1 degree 00’ E, 2.5 feet westwardly from and parallel to the west line of Lot #5, 125.00 feet to a pipe in the south line of an alley; thence S 89 degrees 00’ E along the south line of said alley, 72.50 feet to a pipe; thence S 1 degree 00’ W, 5 feet westwardly from and parallel to the west line of Lot #2m 125.00 feet to a pipe in the north line of 8th Street; thence N 89 degrees 00’ W, along the north line of 8th Street, 72.50 feet to the beginning.

NOTE: This property includes 20 feet to Lot #3, all of Lots #4 and #5, and 2.5 feet of Lot #6 in Block G of Lee Heights Addition.

BEING the same property conveyed to David Lee Reece and Miguelina Reece, husband and wife, as joint tenants with right of survivorship, by Deed dated May 16, 2002 and recorded on May 31, 2002, in Deed Book 435, Page 365; and

FURTHER CONVEYED TO David Reece, married, by Quit-Claim Deed dated May 13, 2005 and recorded on January 13, 2006 in Deed Book 466, Page 436, BOTH in the Office of the Whitney County Court Clerk.

Being the same property conveyed to Jeremiah P. Johnson and Tamara Johnson, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from David Reece, an unmarried man, dated March 16, 2007, filed March 21, 2007, recorded in Deed Book 475, Page 709, 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 12-CI-332

L&N FEDERAL CREDIT UNION, PLAINTIFF, VS. JACOB E. CRUSENBERRY and ANGELA R. CRUSENBERRY, husband and wife, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 2,  2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jacob E. Crusenberry and Angela R. Crusenberry is as follows:

(1) The sum in the amount of $88,193.02, plus interest on the principal balance of $85,553.50 at the contract rate of 5.75% per annum from January 9, 2012 until paid.

(2) The sum of $15,915.21 plus interest on the principal balance of $15,105.74 at the contract rate of 7.50% per annum from February 6, 2012 until paid, plus attorney’s costs in the amount of $1,133.95, plus attorney’s fees in the amount of $1,950.00.

Property Address: 455 Runway Drive, Williamsburg, KY 40769.

Real property located in Whitley County, Kentucky, described as follows:

BEING LOT NUMBER THIRTY-FIVE (35) of the residential development identified as Landing Subdivision located in Whitley County, Kentucky; and for a more complete and detailed description of said lot, reference is hereby made to the map or plat of said subdivision development which has been duly recorded and appears of record in Map Book 4, at page 202 (nor Plat Cabinet 1, at slide 305), in the office of the Whitley County Clerk at Williamsburg, Kentucky.

BEING ALL THE SAME LAND acquired by Jacob Crusenberry by deed of conveyance from Ray Lanham and Beverly Lanham, husband and wife, dated April 6, 2004 and recorded in Deed Book 451, at page 707, in the clerk’s office aforesaid.

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%.  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 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 12-CI-00109

FORCHT BANK, NA SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. MONICA BARNHILL, single; CAPITAL ONE BANK, (USA),N.A.; MIDLAND FUNDING LLC; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Monica Barnhill, plus costs, is as follows:

(1) The principal sum in the amount of $33,156.24, as of May 8, 2012, plus interest at the rate of 9.85% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) There is a 2005 Fleetwood Mobile Home, 26 x 44, VIN No. TNFL427A829321 currently situated on the real property and shall be included with the real property.

PROPERTY ADDRESS: 166 McKayla Circle, Williamsburg, KY 40769

The property to be sold is as follows:

A certain tract of land in the community of Kensee Hollow, Whitley County, Kentucky, on the waters of Clear Fork River of Cumberland River and more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a “Rebar and Cap” is a set ½” diameter rebar, twenty-four inches (24”) in length, with a yellow plastic cap stamped “B.B.A. P.L.S. #3377”. All bearings stated hereon are referred to the magnetic meridian as observed on May 07, 1997 along the southwesterly line of the parent tract.

Lot No. 37: BEGINNING at a ½” rebar and cap, said rebar located 15.00’ from the centerline of McKayla Circle and a corner to Lot No. 39, thence leaving said Circle and running with said lot N 90 00’ 00” W, 282.18’ to a ½” rebar and cap, said rebar a corner to Lot No. 36, Lot No. 38 and Lot No. 39; thence leaving Lot No. 38 and Lot No. 39 and running with Lot No. 36 S 13 21’ 25” E, 170.67’ to a  ½” rebar and cap, said rebar located at the corner of Lot No. 36 and in the line of Lot No. 35; thence leaving Lot No. 36 and running with the line of Lot No. 35 N 90 00’ 00” W, 254.46’ to a ½” rebar and cap, said rebar located 15.00’ from the centerline of said Circle and a corner of said lot; thence leaving said lot and running with the right of way of said Circle the following calls: N 16 02’ 10” W, 71.53’ to a point; N 20 25’ 31” W, 44.19’ to a point; N 26 05’ 05” W, 43.61’ to a point N 32 51’ 31” W, 19.91’ to the point of beginning and containing a calculated area of 1.000 acres as per boundary survey by Appalachian Technical Services, Inc., on May 07, 1997, and subdivided by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc.

BEING THE SAME PROPERTY conveyed to Monica Barnhill, widow, by deed dated May 25, 2005, from Roscoe Hicks and his wife, Rebecca Hicks, and recorded in Deed Book 461, Page 483 of the 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%.  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 court costs and expenses of the sale 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 12-CI-00251

FORCHT BANK, NA, PLAINTIFF, VS. HAROLD BUNCH, SINGLE; DOROTHY SHUMATE, SINGLE; AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Harold Bunch, single, plus costs, is as follows:

(1) The sum in the amount of $33,718.94, as of May 31, 2012, at a rate of 10.65% per annum or ($9.481798 per day) to the present day, and 12% per annum from the date of the judgment forward.

(2) There is a 1986 Fleetwood Mobile Home, VIN No. TNFL1AF352613325 currently situated on the real property and shall be included with the real property.

The property to be sold is as follows:

PROPERTY ADDRESS: 7311 Cumberland Falls Highway, Corbin, Kentucky 40701

Current Parcel ID No: 069-00-00-058.00

A certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Spruce Creek, containing two acres, more or less, is more particularly described as follows:

Beginning on a stone on the edge of U.S. Highway #25W, at the intersection of Mauney’s Chapel Road and Highway #25W; thence Southward with Mauney’s Chapel Road, 226 feet to a white oak, corner of Wards line; thence Northeastward with Ward’s line, 440 feet to a set stone in the fence row; thence Northward with the fence, 240 feet to a stone on the edge of Highway #25W; thence Westward with said Highway, 400 feet to the beginning.

BEING the same property conveyed to Harold Bunch, by Warranty Deed dated April 26, 1991, and recorded on May 2, 1991, of record in Deed Book 347, Page 97, in the Office of the Clerk of Whitley County, Kentucky; and

THEREAFTER being the same property conveyed to Jason P. Price, Trustee, by Special Warranty Deed dated February 4, 2011, and recorded on February 4, 2011, of record in Deed Book 500, Page 266, in the Whitley County Clerk’s Office; and

THEREAFTER being the same property conveyed to Harold Bunch and Dorothy Shumate, by Special Warranty Deed dated February 4, 2011, and recorded on February 4, 2011, of record in Deed Book 500, Page 269, in 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 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 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 court costs and expenses of the sale 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 12-CI-00252

FIRST STATE FINANCIAL, INC. f/k/a TOWN AND COUNTRY BANK, PLAINTIFF VS. BOB ENGLE and his wife,  SHIRLEY ENGLE; 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 July 2, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Bob Engle and Shirley Engle, plus costs, is as follows:

(1) The sum in the amount of $31,307.43, plus interest thereon at the rate of $4.95 per day from April 3, 2012 until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

The property to be sold is located in Whitley County, Kentucky, and more particularly described as follow:

PROPERTY ADDRESS: 235 Marie Circle, Williamsburg, Whitley County Kentucky 40769.

Two Lots, being Lot #27 which contains 1.905 acres, more or less and Lot #26 which contains 1.119 acres, more or less, of Oakwood Estates as shown in Map Book 4, Page 110, Slide 305, Whitley County Court Clerk’s Office and reference is made to the map the same as if copied in full herein.

BEING the same property conveyed to Shirley Engle and husband, Bob Engle, by deed from Geraldine Siler, of record in Deed Book No. 418, Page 56, Whitley County Court Clerk’s Office. Map #072-00-00-025.26

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 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 court costs and expenses of the sale 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 12-CI-00272

FORCHT BANK, NA, PLAINTIFF, VS. MARY A. ROSE-WILSON and her Husband, STANLEY WILSON; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Mary A. Rose-Wilson, plus costs, is as follows:

(1) The sum in the amount of $35,560.30, as of May 31, 2012, plus interest at a rate of 9.59% per annum until the date of Judgment and thereafter at the maximum judgment rate until paid.

(2) There is a 2009 Fleetwood Sandalwood Mobile Home, VIN No. TNFL827A33345SW12 currently situated on the real property and shall be included with the real property.

The property to be sold is as follows:

PROPERTY ADDRESS: 8100 Lot Mud Creek Road, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, and more particularly described as follows: via:

BEGINNING on a rock the corner of the Berry Rose farm, running with Jim Rose line north 21 poles to a buckeye; thence northeast 4 poles to a stone; thence south 17 poles to a stone on the bank of Mud Creek; thence with Mud Creek Southwest 9 ½ poles to the beginning.

 BEING THE SAME PROPERTY acquired by Mary A. Rose-Wilson, by deed dated November 17, 2008, from Vernon Rose and his wife, Charlene Rose, and recorded in Deed book 487, Page 291 of the Whitley County Court Clerk’s Office. See also deed from Clyde Rose, et. al., dated April 15, 2009, and recorded in Deed Book 489, Page 408.  See also Affidavit of Descent of Charlie Rose, deceased, and recorded in Deed Book 489, Page 402 and also Affidavit of Descent of Charlie Rose, Jr., deceased, and recorded in Deed Book 489, Page 405 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 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 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 court costs and expenses of the sale 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.  11-CI-00922

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. DONALD ARCHER and   SHANNON ARCHER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 13, 2012, and the Defendants having filed a Chapter 7 Bankruptcy (being case #12-60360) on or about March 19, 2012, and an Order entered of record on June 5, 2012 in that Bankruptcy proceeding terminating the automatic stay and allowing the Plaintiff to sell the property herein described, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Donald Archer and Shannon Archer, plus costs, is as follows:

(1) The principal sum of $71,692.64, plus unpaid interest of $1,854.05, plus late charge of $98.48, and an escrow balance of $563.82, for a total payoff of $74,208.99, plus interest and accruing daily at a rate of $13.9402356 (as of November 14, 2011).

Property Address:  2499 Tyes Ferry Road, Rockholds, KY 40759.

The property to be sold is as follows:

 That was conveyed on 16 day of August, 2007 by Daniel Stewart and wife Natasha Stewart. To Donald Archer and wife Shannon Archer. By deed recorded in Deed Book 478 Page 763 in the Whitley County Court Clerks Office as described in the attached description which is hereby incorporated by reference as if fully copied at length.

All that parcel of land in Whitley County, Commonwealth of Kentucky, in Deed Book 478, Page 763, iD#158-00-00-006.00, being known and designated as beginning at big pine tree on county road thence southward 300 feet  to post; thence southeast 126 feet to post, thence eastward 179 feet to post; thence northward 483 feet to county road; thence westward 154 feet following county road to the beginning.

By fee simple deed from Natasha Stewart and Daniel Stewart, and wife as set forth in Book 478 Page 763 dated 08/16/2007 and recorded 08/23/2007, Whitley County records, Commonwealth of 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 successful bidder is a party to this action, which has been adjudged to have a lien on the particular tract or parcel of real property bid upon, then, 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.  12-CI-00220 and 09-CI-00008

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. WANDA HART AND SONNY HART, Husband and Wife; R.C. Miller OIL CO., INC.; DISCOVER BANK, Issuer of  the Discover Card, By Its Servicing Agent, DFS SERVICES, LLC; THE HOSE HOUSE INCORPORATED; CITY OF CORBIN; WHITLEY COUNTY, KENTUCKY; TAX EASE LIEN INVESTMENTS 1, LLC; US BANK CUST SASS MUNI VI dtr; and KENTUCKY TAX COMPANY, LLC, DEFENDANTS.

And

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFFS VS. WANDA HART; SONNY HART; COMMUNITY TRUST  BANK, INC., AKA FARMERS NATIONAL BANK; DFS SERVICES, LLC; COMMONWEALTH OF KENTUCKY And CITY OF CORBIN KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 12, 2012, and a subsequent Order consolidating the above cases entered of record on June 12, 2012, 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, August 20, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment for the Plaintiff Tax Ease against the Defendants, Wanda Hart and Sonny Hart, plus costs, is as follows:

(1) The sum of $1,389.47 for tax years 2003, 2004, 2005 and 2007, plus accrued statutory simple interest thereon at the rate of 12% per annum from the date of assignment of the Certificate of Delinquency to the Plaintiff until; paid; and pursuant to CR 54.04 and KRS Chapter 134, Plaintiff’s expenses, costs and attorney fees incurred herein to the established by subsequent affidavit as the proceedings may warrant.

Property Address:  399 23rd Street, Corbin, KY 40701, Parcel/Map ID# 138-00-00-015.00, and more fully described as follows:

REAL ESTATE SITUATED IN WHITLEY COUNTY, KENTUCKY, TO-WIT:

Beginning at a corner junction of a 20-foot right-of-way and a graveyard road; thence N. 36 degrees 41 minutes E. 146 ft. along the 20-foot road right-of-way to a point; thence N. 39 degrees 30 minutes E. 162 ft/ along the 20-foot right-of-way to a corner; thence N. 84 degrees 55 minutes W. 284 ft. along a fence row to a pointe; thence N. 87 degrees 30 minutes W. 277 ft. along a fence row to a point; thence N. 81 degrees 20 minutes W. 96.5 ft. along the fence row to a point; thence N. 89 degrees 30 minutes W. 270 ft. along the fence row to a corner stake; thence S. 4 degrees E. 211 ft. along a proposed road to a corner; thence S. 82 degrees 50 minutes E. 147 ft. along the graveyard road to a point; thence S. 85 degrees 30 minutes E. 114.5 ft. along the graveyard road to a point; thence S. 82 degrees 55 minutes E. 468 ft. along the graveyard road to the beginning corner.

Being the same property conveyed to Wanda Hart and Sonny Hart, by Deed dated the 29th day of August, 1992, and of record at Deed Book 358, Page 16, 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 30th day of July, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616