Legal Notices for 8/31/2011, page 1

 

 COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00787

WELLS FARGO BANK, N.A., PLAINTIFF, VS. DONNA K. RIDENER a/k/a DONNA KAY RIDENER, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 5, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 12, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Donna K. Ridener a/k/a Donna Kay Ridener, plus costs, is as follows:

(1) As of April 13, 2011, the principal sum of $61,226.31, plus interest from 06/01/10 in the amount of $4,441.68; late charges in the amount of $246.24; taxes in the amount of $560.63; which total $66,474.86 (excluding attorneys fees), together with interest at the rate of ($14.05 per diem) 8.3750 percent per annum from July 5, 2011 until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee in the amount of $1,350.00, and for other fees expended for services performed.

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

A certain tract or parcel of land lying and being in Whitley County, Kentucky, on the Biffalo Road, bound and described as follows:

Being the front half of Lot 2 of the George N. Jackson tracts, and abutting on the Buffalo Road, to-Wit:

BEGINNING at the southeast corner of George N. Jackson Tract 1, also the southwest corner of George N. Jackson Tract 2; thence with their dividing line N 11 degrees 10’ E 245 feet; thence with a dividing line of George N. Jackson Tract 2 in a southeastern direction approximately 120 feet to the east line of George N. Jackson Tract 2; thence S 1 degree 15’ W to a stake in the right of way line of the Buffalo Road; thence with the said right of way line S 83 degrees 10’ W 226.5 feet; thence still with right of way line N 83 degrees 00’ W 96 feet to the beginning.

An easement for roadway purposes along the line N 11 degrees 10’ E, 20 feet wide and 245 feet long, leading from the Buffalo Road to the rear of the George N. Jackson Tract 2, is hereby reserved, has been conveyed to, and inures to the benefit of the titleholders of said rear portion.

Being the same property conveyed to Jerry W. Ridener and Donna K. Ridener, his wife, from George N. Jackson and Eva Jackson, his wife, on September 9, 1975 and recorded on in deed Book 257, Page 47 of the records of the Whitley County Clerk’s Office. Also by Deed of Correction in Deed Book 291, Page 465.

Said property address is: 172 Highway 511, Corbin, Kentucky 40701.

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, no payment shall be required and no bond shall be executed by them, and it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment entered.

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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616; FACSIMILE: (606)528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  I

CIVIL ACTION NO. 10-CI-00873

GMAC MORTGAGE, LLC, PLAINTIFF, VS. MARLENE PENYACK, a/k/a MARLENE D. PENYACK, ET AL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 1, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Marlene Penyack a.k.a Marlene D. Penyack, plus costs, is as follows:

(1) The principal sum of $111,428.08, plus interest on the principal sum at the rate of 6% per annum from May 1, 2010 until paid, plus 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 said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Parcel No.: 137-20-05-001.01

The following described real estate, located at 1020 Fifth Street, Corbin, Kentucky in Whitley County, to wit:

Beginning at a steel stake set at the end of a fence in the North right-of-way line of 5th Street, 15 feet from the street center line, a corner to Danny Davenport (DB 419, PG 439) and the tract described herein; thence with the right-of-way line S 82-04-58 W, 84.13 feet to a point in the center line of a culvert headwall, bearing S 82-04-58 W, 6.07 feet from a steel stake set; thence with the center line of a creek N 22-11-05 W, 120.12 feet to a point in the center line of the creek, bearing S 81-27-38 W, 6.07 feet from a steel stake set, a new corner to Shawn Huddleston (DB 462, PG 031) and the tract described herein; thence severing the Shawn Huddleston property N 81-27-38 E, 112.45 feet to a steel stake set in a fence, a corner to Danny Davenport and the tract described herein thence with the Danny Davenport line and the fence S 08-32-45 E, 117.65 feet back to the point of beginning, containing 0.26 acre, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on April 13, 2007.

Being the same property conveyed to Marlene Penyack, unmarried, by virtue of a deed from Luisa Cima, unmarried, dated May 07, 2008, filed May 09, 2008, recorded in Deed Book 483, Page 439, County Clerk’s Office, Whitley County, Kentucky.

Address: 1020 5th Street, Corbin, Kentucky 40701. Parcel Number: 137-20-05-001.01

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

Commonly known as: 1020 5th Street, Corbin, KY 40701.

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 less than its Judgment, then, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00108

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. STANLEY E. CURETON; TONYA M. CURETON; ASSET ACCEPTANCE, LLC; JPH LIEN SERVICES, LLC; RHONDA TERRY; UNKNOWN OCCUPANTS; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 5, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 12, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Stanley E. Cureton and Tonya M. Cureton, plus costs, is as follows:

(1) The Defendants, Stanley E. Cureton and Tonya Cureton are indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the sum of $64,502.94, with interest thereon at the contract rate of 6.5% per annum from February 2, 2011 until July 5, 2011, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action:

(2) There is a 2006 Clayton Mobile Home, Serial No. CWP016621TNAB included with the real property.

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

Said property address is: 443 McKayla Circle, Williamsburg, Kentucky 40769.

BEING a certain tract or parcel of land lying in Whitley County, Kentucky, on Adams Branch, a tributary to Pigeon Roost Creek, and tributary to the Clear Fork of the Cumberland River, and also being on McKayla Circle, and bounded and described as follows, viz:

LOT 59:  Commencing at an iron pin in the center line of the extension of McKayla Circle where it crosses Adams Branch, a durable physical feature and a point on the parent tract; thence South 5° 20’ 44” West for 472.74 feet to a rebar, the point of beginning of this parcel; thence South 17° 51’ 13” East for 120.32 to a rebar; thence South 69° 36’ 21’ West for 434.21 to an iron pin; thence North 17° 51’ 13” West for 120.32 feet to an iron pin; thence North 69° 36’23” East for 434.21 feet to the point of beginning, and containing 1.20 acres, more or less, based on a random traverse survey performed by Claude Cox, RLS #1971, on October 15, 2003.

NOTE: Unless otherwise noted; all points referred to as iron pins are ½” x18” rebars with caps stamped 1971 and have been set this survey. All points referred to as rebars are ½” rebars with caps stamped 1971 and were found during the survey.

Being the same property conveyed by deed to Stanley Cureton and wife, Tonya Cureton, from R. Scott Bishop and wife, Deidre Bishop, by and through Tracy Davenport, their Attorney in Fact, and Lorhen Martin and wife, Arvella Martin, by and through Tracy Davenport, their Attorney in Fact, dated November 18, 2003, recorded November 3, 2006, recorded in Deed Book 473 page 185, of records in the Office of the Clerk of Whitley County, Williamsburg, KY.

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. Included in the sale is a mobile home currently situated on the real property described as a 2006 Clayton Mobil Home, Serial No. CWPO16621TNAB.

3. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

4. 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.

5. 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.

6. 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.

7. 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.

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

Dated this 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00279

WELLS FARGO BANK, N.A., Successor by merger to Wachovia Bank, N.A., PLAINTIFF, VS. GARRY CAMPBELL; SHARON CAMPBELL; JILL BEGLEY, Administratrix of the Virginia D. Watson Estate; DISCOVER BANK, Issuer of the Discover Card, by its Servicing Agent Discover Financial Svcs., Inc.; CAPITAL ONE BANK; NATIONAL CHECK BUREAU, INC.; CITIBANK SOUTH DAKOTA N.A., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 1, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 12, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Garry Campbell and Sharon Campbell, plus costs, is as follows:

(1) The principal sum of $34,512.29, plus interest on the principal at the rate of 8.1% per annum from September 15, 2010 until paid, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

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

Said property address is: 315 9th Street, Corbin, Kentucky 40701.

Parcel No.: 137-40-06-013.00

Beginning at a point on Van Dorn Street at Ben Saylor’s corner; thence Westwardly with Van Dorn Street 25 feet to C.F. Floyd’s corner; thence Northwardly 122 feet with C.F. Floyd’s line to Ninth Street, formerly known as Madison Street; thence Eastwardly 25 feet with Ninth Street to Ben Saylor’s corner; thence Southwardly 122 feet to the beginning.

And:

Being the West Half of Lot#30, and beginning on a stake in the South line of Madison (now Ninth) Street, and running Westwardly 50 feet to Geo. Sharp’s line; thence with said Sharp’s line South 122 feet to Van Dorn Street; thence Eastwardly with Van Dorn Street 50 feet to a stake; thence Northwardly 122 feet to the beginning.

Being the same property conveyed to Garry Campbell and wife, Sharon Campbell who acquired title, with rights of survivorship, by virtue of deed from Virginia D. Watson, an unremarried widow, dated February 3, 1995, filed February 9, 1995, recorded in Deed Book 376, Page 663, County Clerk’s Office, Whitley County, Kentucky.

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

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 may comply with the terms of sale by taking 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 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00370

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. AMANDA L. PRIVETT (in rem); UNKNOWN SPOUSE OF AMANDA L. PRIVETT (in rem); and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 1, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, September 12, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Amanda L. Privett (in rem) and Unknown Spouse of Amanda L. Privett (in rem), plus costs, is as follows:

(1) The Defendant, Amanda L. Privett is indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the principal sum of $48,434.41, plus interest through 06-13-11 in the amount of $4,440.19, plus advancements for protection of the property of $696.66, plus late charges of $30.00, plus escrow of $857.74, plus Attorney’s fees (KRS 41.195) through 06-13-11 of $1,200.00, and Court costs and services fees of $375.85 for a total of $56,034.85, together with interest at the rate of 10.55% per annum from August 1, 2011, and thereafter at the judgment rate of 12.00% per annum, until paid, plus Plaintiff’s costs expended herein and any sums expended by Plaintiff for insurance, ad valorem taxes and for preservation of real estate until date of sale, and attorney’s fees incurred after June 13, 2011.

(2) There is a 2009 Clayton Mobile Home, VIN CWP019302TN included with the real property.

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

Said property address is: 1321 Hamlin Hollow Road, Williamsburg, Kentucky 40769.

Lying and being in Whitley County, Kentucky (Saxton U.S.G.S Quadrangle) on the waters of Mulberry Creek and on the North side of Hamblin Hollow Road approximately 0.30 miles East of its intersection with Upper Mulberry Road and being more particularly described as follows:

Unless stated otherwise, any monument referred to herein as an “iron pin” is a set 5/8” rebar 18” in length with a yellow plastic cap stamped “HUBBARD PLS 3700”. All bearings are referenced to the Magnetic Meridian as Observed on April 20, 2009.

BEGINNING at an iron pin in a fence row approximately 15’ North of the centerline of Hamblin Hollow Road (No Record Found), a corner common to Ernie & Tonya McCullah (Deed Book 382, Page 309) now or formerly.

Thence leaving Hamblin Hollow Road and with McCullah and Fence N 11° 45’ 33” W a distance of 358.22’ to an iron pin.

Thence N 11° 43’ 25” W a distance of 212.44’ to a Point in the Center of Mulberry Creek, said point being witnessed by an iron pin with red plastic cap stamped “WITNESS PLS 3700” which bears S 40° 51’ 00” E a distance of 11.57’.

Thence with Mulberry Creek N 82° 31’ 00” E a distance of 338.01’ to a point, said point being witnessed by an iron pin with red plastic cap stamped “WITNESS PLS 3700” which bears S 00’ 53’ 20” E a distance of 4.14’.

Thence leaving Mulberry Creek and McCullah severing the parent tract S 37° 24’ 29” W a distance of 297.20’ to an iron pin.

Thence S 15° 46’ 30” E a distance of 156.37’ to an iron pin.

Thence S 20° 28’ 22” E a distance of 146.73’ to an iron pin.

Thence S 48° 14’ 34” W a distance of 107.63’ to a Point approximately 15’ North of the centerline of Hamblin Hollow Road.

Thence with the North side of said Road S 82° 17’ 13” W a distance of 52.43’ to the point of beginning and having an area of 91,009.87 Square Feet or 2.09 acres.

BEING the same property conveyed to Amanda L. Privett, unmarried, from Roney Morris and Mary F. Morris, married, by Quit-Claim Deed dated September 12, 2009, filed of record on December 10, 2009, in Deed Book 493, Page 477, in the Office of the Whitley County Court Clerk.

Map#189-00-00-006.01

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay Court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00198

REGIONS BANK DBA REGIONS MORTGAGE LOAN SUCCESSOR BY MERGER TO UNION PLANTERS BANK, N.A.,  PLAINTIFF, VS. ROSA PEREZ aka ROSA G. PEREZ; JOSE PEREZ aka JOSE A. PEREZ; COMMONWEALTH OF KENTUCKY – FINANCE AND ADMINISTRATION CABINET; TAX EASE LIEN INVESTMENTS 1, LLC; COUNTY OF WHITLEY; SYSCO/LOUISVILLE FOOD SERVICES COMPANY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 1, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Rosa Perez aka Rosa G. Perez and Jose Perez aka Jose A. Perez, plus costs, is as follows:

(1) The principal sum in the amount of $80,877.88, plus interest from 01/01/10 in the amount of $6,961.42, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,967.77, plus late charges of $1,290.47, plus NSF Fees of $275.00, plus property inspection fees of $65.10, plus property preservation of $420.00, and attorney fees (KRS 411.195) in the amount of 1,350.00 for a total of $94,207.64, together with interest at the rate of 6.2500 percent per annum from August 1, 2011 until paid plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for any other fees expended.

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

Property Address: 46 Bonanza Trail, Corbin, KY 40701.

Being Lot 86 of the Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is dully recorded in Map Book 3, Page 14, Whitley County Court Clerk’s Office and to which reference is hereby made for a more full and complete description of said lot.

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Book 27, Page 35.

Being the same property conveyed to Jose A. Perez and wife, Rosa G. Perez, by Deed dated September 1, 1998, recorded on September 4, 1998 in Deed Book 403, page 20 of the Clerk’s Records in 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 one-third percent (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, 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, no down payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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-00269

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. JEANNE CHAMBERS; CACV OF COLORADO, LLC; COMMONWEALTH OF KENTUCKY DEPARTMENT OF REVENUE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 1, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Jeanne Chambers, plus costs, is as follows:

(1) The principal sum in the amount of $34,475.99, plus interest at the rate of 7.00% per annum from October 1, 2010 until paid, plus its costs herein expended.

(2) Also included with this property is a mobile home, a 1997 Oakwood, Model: Freedom, VIN # HONCO5527396AB.

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

Property Address: 136 Siler Street, Williamsburg, Kentucky 40769.

BEGINNING at a point in the branch, 40 feet North of the first culvert East of the Mt. Morgan Coal Co.’s Tip House location; thence running with a line parallel to and 40 feet distant from the center of the Company’s side tract location 650 feet; thence running in an easterly direction along the sale side of said tract 150 feet to a point 12 feet from the center of said side tract; thence changing to a northerly direction to the Cumberland River; thence down the river to the mouth of the first above-mentioned branch; thence up the said branch to the Beginning. There is excepted out of this boundary the part of said land now owned by W.B. Siler. However, there are some privileges retained by the original owner of said land and this deed is subject to such as are of record in the Whitley County Court Clerk’ Office. This deed is also subject to the oil and gas lease now held by E.C. Disel.

BEING ALL OF THE SAME PROPERTY acquired by Roger Chambers and Jeanne Chambers, husband and wife, by deed of conveyance from Edwin R. McDonald, single, dated October 20, 1997 and recorded in Deed Book 396 at page 402, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (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, and should the bid of Plaintiff be less than its lien herein, Plaintiff may take a credit upon its judgment, 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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-00289

SPRINGLEAF HOME EQUITY, INC., PLAINTIFF, VS. MARY DOUGLAS 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 11, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Mary Douglas, plus costs, is as follows:

(1) The principal sum of $84,555.43 through June 14, 2011, consisting of principal, interest and any and all other amounts due under the Note, plus additional accrued interest upon the principal balance owed at the agreed upon contract rate of 11.04% per annum, plus post judgment interest upon the foregoing principal and interest balance at the agreed upon contract rate of 11.04% from July 11, 2011 until paid in full, plus Court costs and expenses in the amount of $191.00 and its reasonable attorney’s fees in the amount of $1,750.00.

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

A certain tract or parcel of land lying in Clio Whitley County, Kentucky, on the waters of Youngs Creek of Cumberland River, and being a part of the same land conveyed to James McKiddy and Lonnie Ray Bennett by deed from Ray Lanham and wife, Beverly Lanham, dated May 16, 2003, and recorded in Deed Book 443, Page 434, Whitley County Court Clerk’s Office, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as “Rebar and cap” is 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 taken during a survey on August 18, 1999 near the northeasterly line of the parent tract;

Beginning at a ½” rebar and cap, said rebar located 15.00” southeast of the centerline of MacBennett Drive, corner to Lot#1; thence leaving said drive and running with said Lot S. 45 deg. 32’ 28” E., 275.93 feet to a ½” Rebar and cap, said rebar located in the line of the Sidney Lambodin tract (Deed Book 415, Page 720); thence leaving said lot and running with said Lambodin tract along a fence S. 37 deg. 56’ 10” W., 170.10 feet to a ½” rebar and cap, said rebar corner to Lot#5; thence leaving said Lambdin tract and running said Lot N. 37 deg. 30’ 54” W., passing the corner of said lot at 152.08 feet and continuing for 127.78 feet for a total distance of 279.86 feet to a ½” Rebar and cap, said rebar located in the right-of-way of said drive at the “PC” of a curve; thence running with said right-of-way along a curve to the right having a radius of 45.00 feet, an arc length of 75.76 feet a chord length of 67.13 feet and a chord bearing  of N. 10 deg. 43’ 02” E. to a ½” Rebar and cap, said rebar located at the “PT” of said curve; thence, continuing with said right-of way N. 58 deg. 56’ 59” E., 76.54 feet to the Point of Beginning and containing a calculated area of 1,000 acres as per boundary survey by Bobby Anderson, PLS #3377, with Appalachian Technical Services, Inc., on May 8, 2003.

BEING THE PROPERTY CONVEYED IN Warranty Deed from Lonnie Ray Bennett And Wife, Marilyn Bennett And James Mckiddy And Wife, Cora Mckiddy to Mary Douglas, dated 10/15/2004, recorded 10/18/2004, in Deed Book 456, Page 388, In the County Clerk’s Office for Whitley County, Kentucky.

Property Address is: 93 Mac Bennett Drive, Williamsburg, KY 40769.

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 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, it shall not be required to make down payment 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 11-CI-00352

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. ROBERTA DAVENPORT and Her husband, JOHN DAVENPORT; TAX EASE LIEN SERVICING, 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 July 11, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, September 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Roberta Davenport and Default Judgment In Rem against John Davenport, plus costs, is as follows:

(1) The principal sum of $39,274.05 as of June 7, 2011, plus interest at the rate of 8.5%. 

(2) The Plaintiff is adjudged to have a security interest in the Defendant’s 1997 Clayton mobile home, Vin No. CAP003223TNAB.

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

BEING all of the New Lot of 217 of the Hemlock Subdivision, Section–B as recorded in Map Book 4, Page 9, Whitley County Court Clerk’s Office, described as follows:

BEGINNING on an iron pin at the corner of Lot 216 and running N 56° 40’ E 150.00 feet to an iron pin corner of Lot 213; thence running N 24° 33’ 13” W 172.69 feet to an iron pin; thence S 76° 15’ W 40.00 feet to an iron pin; thence S 79° 58’ 24” W 99.42 feet to an iron pin; thence S 21° 21’ 51” E 228.39 feet to the BEGINNING.

Party of the first part reserves for himself and his heirs and assigns the oil and gas rights of the within property.

There is a 10 foot easement for utilities along the property lines of the above parcel.

BEING THE SAME PROPERTY conveyed to Roberta Davenport and her husband John Davenport, by deed from Juanita Rose, single, dated September 23, 2003 and recorded in Deed Book 447, Page 93 of the Whitley County Clerk’s Office.

Property Address is: 475 Hemlock Drive, Williamsburg, KY 40769.

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 less than its Judgment, then, and in that event, they shall only be required to pay the costs and expenses of the Commissioner’s sale, 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 22nd day of August, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

Notice of Intention to Mine

Pursuant to Application Number 918-0413

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for a permit for a surface coal mining and reclamation operation. The proposed operation will disturb 100.8 surface acres and will underlie 18.5 acres, and the total area within the permit boundary will be 119.3 acres. The proposed operation is located approximately 2-1/2 miles north of Rock Spring Road’s intersection with KY Hwy 904, and approximately 3 miles northeast of the community of Nevisdale, in Whitley County, Kentucky.

The proposed operation is located on the Saxton U.S.G.S. 7-1/2 minute quadrangle map. The operation will use the Contour and Auger methods of mining. The surface area is owned by Michael Powers, Ernie McCullah, Terry Lowe, Doris Fay Fletcher, Jeff Fear and Tim Fear. The operation will not affect an area within 100 feet of a public road. The operation will not involve relocation and/or closure of a public road.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro; Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

The Williamsburg Independent Board of Education will hold a public hearing in the Auditorium on September 13, 2011 at 5:30 P.M. to hear public comments regarding a proposed general fund tax levy of 41.7 cents on real property and 42.6 cents on personal property.

The General Fund tax levied in fiscal year 2011 was 40.3 cents on real property and 43.4 cents on personal property and produced revenue of $590,713.58.  The proposed General Fund tax rate of 41.7 cents on real property and 42.6 cents on personal property is expected to produce $621,721.82.  Of this amount $67,570.35 is from new and personal property.  The compensating tax for 2012 is 40.1 cents on real property and 41 cents on personal property and is expected to produce $597,931.12.

The general areas to which revenue of $31,008.24 above 2011 revenue is to be allocated are as follows:  Cost of collections, $0; building fund, $0; instruction $31,008.24; transportation, $0; and maintenance of plant, $0.

The General Assembly has required publication of this advertisement and information contained herein.

 

PUBLIC NOTICE:

The Williamsburg Police Department has recovered a White 5th wheel camper trailer brand name Wildcat by Forest River. Camper has been abandoned at the WalMart parking lot for approximately one year. Anyone having claims to the property should contact the Williamsburg Police Department at 606-549-6087 and provide proof of ownership or the property will be sold by the Williamsburg Police Department.

 

Notice of Blasting Schedule

Alden Resources LLC, 332 W. Cumberland Gap Parkway, Suite 100,  Corbin, KY  40701, phone (606)523-9760, gives notice that blasting operations will be conducted on its coal mine permit number 918-0433, covering 98.15acres owned by David Boyd, Dee Woods Heirs, William and Edna Hill, Ray and Geneva Hill and Doris Vanover.

The proposed operation is located approximately 0.5 miles north of Perkins, Kentucky.  The proposed operation is approximately 0.80 miles east of the Maple Creek Road junction with Brown Creek Road and located 3.9 miles north of the mouth of Maple Creek.  The latitude is N36°47’21”.  The longitude is W84°03’25”.

Blasting operations are projected to commence September 2011.  Blasting will be conducted between sunrise and sunset except in emergency situations.  Emergency situations include, but are not limited to, lightning, the imminent threat of lightning, or other circumstances that require unscheduled detonation for the safety of the public or miners.

Signs or barriers identify entry points to the blast area.  A representative or representatives of the permittee will monitor the access point(s) and prevent entry of unauthorized persons during the blast.

The pre-blast warning signal will be a one (1) minute series of long blasts five (5) minutes prior to the blast signal.  The final blast warning signal will be a series of short blasts one (1) minute prior to the detonation.  The all clear signal will be a prolonged blast following the inspection of the blast area.