Legal Notices for 2/15/2012, page 3

 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00090

WHITAKER BANK, INC.,  PLAINTIFF, VS. MICHAEL ANDERSON; PEGGY ANDERSON; And WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on November 10, 2011,  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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michael Anderson and Peggy Anderson, plus costs, is as follows:

(1) The principal sum of $36,401.46, plus 9.25% interest as of October 17, 2011 and until date of judgment;

(2) Interest at a rate of 12% per annum from date of judgment and continuing until the debt is satisfied;

(3) Reasonable attorney fees in the amount of $750.00; and its other costs and fees in this action.

Said property address is: 90 Collins Lane, Corbin, Kentucky 40701.

BEING LOT NO. 11 in the Western Hills Subdivision to the City of Corbin, Whitley County, Kentucky, a map or plat of which duly appears of record in Map Book 3, Page 5, Whitley County Court Clerk’s Office, to which map or plat reference is hereby made for a  more complete and full description.

BEING ALL OF THE SAME PROPERTY conveyed to MICHAEL L. ANDERSON AND PEGGY ANDERSON, married by Joby Thomas and Betty Thomas, married, dated November 13, 1995, and of record in Deed Book 382, Page 207 of the Whitley County Clerk’s Office, Williamsburg, Kentucky.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within 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, no payment shall be required and no bond shall be executed by them, and if the Plaintiff’s bid is less than its lien adjudged herein, Plaintiff shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment entered.

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 January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616;

FACSIMILE: (606) 528-0709

NOTICE TO JAMES TUTTLE

To the above individuals, I have been appointed Warning Order Attorney to notify you of a Civil Action No. 11-CI-00565, JAMOS FUND I, LP, Whitley Circuit Court.

You have fifty days from January 30, 2012 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN KY 40702