Legal Notices for 9/22/10, page 1

 

 REPORT OF UNCLAIMED PARI-MUTUEL TICKETS

Report of Unclaimed Pari-mutuel Tickets, in compliance with KRS 230.361(3)

I, Shana D. Watson, Controller of Kentucky Off-Track Betting located in Corbin, Kentucky, report as of July 1, 2009 that we are holding $9,770.02 in unclaimed winning pari-mutuel tickets one (1) year old or older. COMMONWEALTH OF KENTUCKY, County of Whitley, the affiant being duly sworn or affirmed according to law states that the forgoing report is accurate to the best of his/her knowledge.

Sworn or affirmed to and subscribed before me this 2nd day of August, 2010.

LAURA S. PREWITT, Notary; My commission expires: Sept 2011.

Anyone holding such unclaimed winning tickets may redeem same prior to December 1, 2009 at the office of Kentucky Off-Track Betting, 57 Summit Dr., Corbin, KY 40701.

At which time the remaining balance will be forwarded to:

Kentucky Horse Racing Commission, 4063 Ironworks Pkwy., Lexington, KY 40511.

 

NOTICE OF ADOPTION OF ORDINANCE

The Fiscal Court of the County of Whitley, Kentucky, at a meeting held on September 21, 2010, adopted the following ordinance:

AN ORDINANCE APPROVING A LEASE FOR THE FINANCING OF A PROJECT; PROVIDING FOR THE PAYMENT AND SECURITY OF THE LEASE; CREATING A SINKING FUND; AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASE; AND MAKING CERTAIN DESIGNATIONS REGARDING SUCH LEASE.

It is hereby certified that the foregoing ordinance provides for approval of a lease with Kentucky Association of Counties Leasing Trust, as administrator, and bank or financial institution offering the lowest and best interest rate, as lessor for financing certain public improvements and provides a general obligation pledge to assess sufficient taxes to comply with the obligations to pay lease payments. The full text of the section relating to the pledge to levy and assess a tax to pay the lease obligation is:

Section 2. General Obligation Pledge Pursuant to the Constitution of the Commonwealth and Chapter 66 of the Kentucky Revised Statutes, as amended (the “General Obligation Statutes”), the obligation of the Lessee created by the Lease shall be a full general obligation of the Lessee and, for the prompt payment of the Lease Payments, the full faith, credit and revenue of the Lessee are hereby pledged. During the period the Lease is outstanding, there shall be and there hereby is levied on all the taxable property in the Lessee, in addition to all other taxes, without limitation as to rate, a direct tax annually in an amount sufficient to pay the Lease Payments on the Lease when and as due, it being hereby found and determined that current tax rates are within all applicable limitations. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof, provided, however, that in each year to the extent that the other taxes of the Lessee are available for the payment of the Lease Payments and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the Lessee shall be reduced by the amount of such other taxes so available and appropriated.

There is hereby established, or it is acknowledged that there has heretofore been established, with the Lessee a sinking fund (the “Sinking Fund”). The funds derived from said tax levy hereby required or other available taxes shall be placed in the Sinking Fund and, together with interest collected on the same, are irrevocably pledged for the payment of all obligations issued under the General Obligation Statutes and all Tax Supported Leases, as defined in the General Obligation Statutes, including the Lease herein authorized, when and as the same fall due. Amounts shall be transferred from the Sinking Fund to the Lessor at the times and in the amounts required by the Lease.

A complete copy of the ordinance may be reviewed at the office of the Judge Executive of the County of Whitley, Kentucky.

By /s/ Judge/Executive

CERTIFICATION

The undersigned, an attorney licensed to practice law in the Commonwealth of Kentucky, hereby certifies that the foregoing is a true and accurate summary of a Ordinance that has been prepared by an attorney licensed to practice law in the Commonwealth of Kentucky.

County Attorney

 

AN ORDINANCE ESTABLISHING THE PROPERTY TAX RATE FOR THE YEAR 2010

NO.

Be it ordained by the City Council of the City of Williamsburg, Kentucky that the 2010 tax rate for Real Property shall be .2500 cents per $100 valuation, Personal Property including automobiles shall be .3586 cents per $100 dollar valuation.

Any City Property Taxes unpaid as of January 1, 2011 shall be assessed a penalty of Ten (10) percent, as well as interest at the rate of six (6) percent until paid.

RODDY HARRISON, Mayor

Attest: Teresa Black, City Clerk

First Reading: August 9, 2010; Second Reading: September 13, 2010

Published: September 22, 2010

 

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. MONTIES RESOURCES LLC, 9180408, 08/06/2010; FRAZIERNANTZ, 9180421, 08/11/2010.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0430, Transfer

In accordance with 405 KAR 8:010, notice is hereby given that Fraziernantz, 541 Blakes Fork Road, Williamsburg, Kentucky 40769 intends to transfer Permit Number 918-0421 to Denali Energy Group LLC, 121 Prosperous Place Suite 13-B, Lexington, KY 40509, the new permit number will be 918-0430. The total acreage included in this transfer is 29.18 acres. No new acreage is affected by the transfer.

The operation is located 1.2 miles north of Louden in Whitley County. The operation is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The operation is located on the Rockholds U.S.G.S. 7 1/2 minute quadrangle map at latitude 36° 46’ 08” and longitude 84° 02’ 20”.

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. Written comments or objections must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601. All comments or objections must be received within fifteen (15) days of today’s date.

 

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky has issued an order on August 13, 2010 scheduling the hearing to be held on October 12, 2010 at 10:00 a.m. (Eastern Daylight time) in Hearing Room 1 of the Commission’s offices located at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of cross-ex- amining witnesses in Case No. 2010-00266 which is An Examination of the Application of the Fuel Adjustment Clause of Kentucky Utilities Company from November 1, 2009 through April 30, 2010.

Kentucky Utilities Company, 220 West Main Street, Louisville, Kentucky 40202

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-00122

WELLS FARGO BANK, N.A., PLAINTIFF VS. LIDA LAWSON; COUNTY OF WHITLEY; RALPH HILL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 12, 2010, and subsequent Order entered on August 9, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 4, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Lida Lawson, plus costs, are as follows:

(1) The principal sum in the amount of $38,747.05, plus interest from 10/01/09 in the amount of $1,421.16, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1.29, plus late charges in the amount of $67.18, plus attorney fees per (KRS 411.195) in the amount of $1,100.00, for a total of $41,336.68.

The property to be sold is as follows:

BEGINNING at a fence post, the NW corner of Green Roberts’ 4.417 acre tract in the Southern line of the Kensee Hollow Road; thence running with the West line of said tract S 01 degrees 23’ 22” W 179.03 feet to a walnut tree; thence with the Jr. Thacker tract, S 01 degrees 23’ 27” W 220 feet to an iron pin; thence S 88 degrees 27’ 48” W 524.148 feet to an iron pin; thence N 10 degrees 33’ 50” E 400 feet to a forked sycamore in the South line of Kensee Hollow Road; thence with the Kensee Hollow Road N 87 degrees 42’ 54” E 281. 272 feet to a point; thence N 87 degrees 17’ 10” E 180 feet to the point of BEGINNING.

Being the same property Lida Lawson, obtained title to by deed dated 7/23/03, executed by Zyndle Lawson, single, of record in DV 445 at Page 135 in the Whitley Co. Clerks Office.

Said property address is:  1195 Kensee Hollow Road, Williamsburg, Kentucky 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 one-third (1/3) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 09-CI-00658

CHASE HOME FINANCE LLC, PLAINTIFF VS. ASHLEY BRYANT FREDERICK ROBERTSON, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 2, 2009, and subsequent Order of Sale entered on August 2, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 4, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants Ashley Bryant and Frederick Robertson, plus costs, are as follows:

(1) The principal sum in the amount of $58,258.41, plus interest from April 1, 2009, in the amount of $4,432.48, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,453.12, plus late charges in the amount of $202.08, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $65,446.10.

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 Whitley County, Kentucky, on Highway 25W, and being bounded and described as follows:

TRACT NO. 1: BEGINNING at a stone at the edge of Highway 25W, which is 18 feet from Gant’s line; thence S 65 W, 157 feet to a stone; thence S 30 E, 166 feet to a stone in Bryant’s line; thence N 65 E 183 feet with Bryant’s line to the highway; thence with the highway, N 40 W, 168 feet to the point of beginning.

There is also granted the right to use the roadway about 16 feet in width which is located between this lot and the Gant property, that is, the said road is to be kept open at all time for the use of this property and the property of grantors that is at the back of this.

TRACT NO. 2: BEGINNING at Bryant’s corner at Highway 25W; thence N 40 W to a steel rod 93 2 feet, a corner; thence S 25 W 84 feet to interstate highway (more or less); thence S 30 E, 78 feet to a stone at Bryant’s line; thence N 65 E with Bryant’s line to the highway, 86 feet to the beginning.

Being the same property conveyed to Ashley Bryant and Frederick Robertson from Julie Chapman, a single person, on January 20, 2006 and recorded on January 25, 2006 in Deed Book 466, Page 576 of the records of the Whitley County Clerk=s Office.

Said property address is: 2259 US Highway 25 West, Williamsburg, Kentucky 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 one-third (1/3) 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. II

CIVIL ACTION NO. 10-CI-00067

KENTUCKY HOUSING CORPORATION, PLAINTIFF VS. BRIAN K. CHADWELL AND RACHEL D. CHADWELL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 18, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Brian K. Chadwell and Rachel D. Chadwell, plus costs, are as follows:

(1) The principal sum in the amount of $75,755.58, plus accrued and unpaid interest in the amount of $682.50, with interest accruing on the principal balance at the current rate of 1.00% per annum from 1/20/10 until date of Judgment herein, plus accrued late charges in the amount of $111.45, plus the sum of $235.00 for expenses incident to preserving and maintaining the property, with interest accruing on the entire balance at the higher of the Note rate or the Judgment rate until paid, plus attorney fees as may be awarded by the Court.

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

Beginning on stake at the Northwest corner of Lot No. 11 in the East line of Pine Street; thence with the East side of Pine Street S. 34 E. 75 feet to a stake at the corner of Lot No. 12; thence Eastwardly 200 feet to a stake; thence N. 41 W. 75.6 feet to a stake at the corner of Lot No. 10; thence Westwardly 191.7 feet to the beginning.

“The following consideration runs with the deed” If is part of this consideration of the conveyance that said second parties are granted the use of a 30 foot roadway traversing the North boundary of the property herein conveyed, and which road intersects with Barton Mill Road at the corner opposite the Old Petrey Homestead, this covenant to run with the deed.

Being the same property conveyed to Brian K. Chadwell and Rackel D. Chadwell, husband and wife, by deed dated August 3, 2004 of record in Deed Book 454, Page 451 in the Office of the Clerk of Whitley County, Kentucky.

Said property address is: 1110 Pine Street, 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 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 90 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00301

E-LOAN, INC., FOR E-LOAN, PLAINTIFF VS. BONNIE FREEMAN; COY FREEMAN; COMMONWEALTH OF KENTUCKY ADMINISTRATIVE OFFICE OF THE COURTS, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 6, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Bonnie Freeman and Coy Freeman, plus costs, are as follows:

(1) The principal sum in the amount of $63,050.30, plus interest from 12/1/07 in the amount of $18,831.51, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $7,458.26, plus late charges in the amount of $650.57, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $91,090.64.

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

THIS BEING LOT NO. 10 ON THE PLAT OF KING MOUNTAIN ADDITION AS SHOWN IN MAP BOOK 3, PAGE 2, OF THE WHITLEY COUNTY CLERK’S OFFICE, WILLIAMSBURG, KENTUCKY.

Being the same property conveyed to Coy Freeman from Bonnie Freeman, wife of Coy Freeman, by Deed dated December 18, 2007, recorded on December 18, 2007 in Deed Book 481, page 17 of the Clerk’s Records in Whitley County, Kentucky.

Said property address is: 197 King Mountain Spur Road, Williamsburg, Kentucky 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00212

BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING, L.P., PLAINTIFF VS. MELISSA L. PETREY; MARTY W. PETREY; UNKNOWN DEFENDANT, SPOUSE OF VERONICA RAINS ON AUGUST 4, 2006; UNKNOWN DEFENDANT, SPOUSE OF GARY CARR ON AUGUST 4, 2006, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 2, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Melissa L. Petrey and Marty W. Petrey, plus costs, are as follows:

(1) The principal sum in the amount of $156,582.69, plus interest from 06/1/09, in the amount of $8,432.60, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,190.04, plus late fees in the amount of $238.75, plus property preservation fees in the amount of $$9.00, plus credit in the amount of $917.77, plus Attorney fees (KRS 411.195) in the amount of $1,150.00, for a total in the amount of $167,685.31.

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 Whitley County, Kentucky, on Forest Road in Williamsburg, and being the land conveyed to the Raymond L. Brown and wife, by Carl Nicholson and wife, by deed bearing date Feb. 3, 1950, which is duly recorded in Deed Book 171, Page 161, County Court Clerk’s Office; and being the land conveyed to Floyd Carr and wife, by Raymond L. Brown and his wife, by deed bearing date of December 10, 1951, which is duly recorded in Deed Book 181, Page 398, County Court Clerk’s Office, containing ______ acres, more or less.  And bounded as follow, viz.

BEGINNING at the southwest corner of lot No. 50 and northwest corner of lot No. 49 at a stake on Forest Road, and running thence with the northwest line of lot No. 49 north 49 ½ degrees east 200 feet to the northeast corner of lot No. 50 and northwest corner of lot No. 49. thence north 40 ½ degrees west 250 feet to the northwest corner of lot No. 54 and northeast corner of lot No. 55; thence with the northwest line of Lot No. 54 south 49 ½ degrees west 200 feet to the north line of Forest road; thence with said Forest Road south 40 ½ degrees east 250 feet to the beginning, containing lots No. 50, 51, 52, 53 and 54 in Block E. of Highland Park Addition to the City of Williamsburg, map of which is of record in Map Book 1 at Page 98 in the office of the Clerk of Whitley County Court.

Being the same property conveyed to Marty Petrey and wife, Melissa Petrey, to the survivor of them, by Warranty Deed dated August 4, 2006 and recorded on August 10, 2006, in Deed Book 471, Page 285, in the Office aforesaid.

Said property address is: 370 Forest Avenue, Williamsburg, Kentucky 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00309

PNC BANK, NATIONAL ASSOCIATION SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES LLC SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, INC., FKA NATIONAL CITY MORTGAGE CO, PLAINTIFF VS. TONYA JONES DAVIS AKA TONYA DAVIS; CLEAMON DAVIS AKA CLEAMON E. DAVIS JR. AKA GLEAMEN E. DAVIS, JR.; CONSECO FINANCE SERVICING CORP., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 2, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Tonya Jones Davis aka Tonya Davis, Cleamon Davis aka Cleamon E. Davis Jr. aka Gleamen E. Davis, Jr., and Conseco Finance Servicing Corp., plus costs, are as follows:

(1) The principal sum in the amount of $68,616.62, plus interest from 11/1/09 in the amount of $2,917.02, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $0.00, plus late charges in the amount of $108.28, plus Attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $72,741.92.

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

A certain tract of land in the community of Browns Creek, Whitley County, Kentucky on the waters of Browns Creek of Watts Creek 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 February 08, 1999 along the northeasterly line of the Tonya Davis tract.

BEGINNING at a ½” Rebar with cap in the southwesterly right-of-way of King Mountain Spur Road, in the center of an existing gravel driveway and in the edge of a 30’ right-of-way, corner to George Humfleet and Dexter McCowan (DB 280; PG 419), thence running with said 30’ right-of-way S 69° 08’ 23” W, 69.40’ to a ½” Rebar with cap, corner to John E. Jones (unrecorded); Thence leaving said right-of-way and running with said Jones tract the following calls: N 58° 08’ 05” E, 69.37 to a ½” Rebar with cap at the intersection of two driveways; Thence N 83° 20’ 57” W, 200.71’ to a ½” Rebar with cap in the line of the Lee Price tract (DB 327; Pg 527); Thence leaving said Jones tract and running with said Price tract N 08° 56’ 51” E, 107.02’ to a 1 ½” Iron Pipe (found); Thence leaving said Price tract and running the following calls: N 83° 13’ 26” E, 80.06’ to a 1 ½” Iron Pipe (found) in the edge of an old road; Thence S 50° 05’ 41” E, 207.62’ to a ½” Rebar with cap; Thence S 86° 42’ 26” E, 41.69’ to a ½” Rebar with cap in the southwesterly right-of-way of King Mountain Spur Road; Thence running with right-of-way of said road S 60° 32’ 34” E, 29.97’ to the POINT OF BEGINNING and containing a calculated area of 0.5445 ACRES as per a boundary survey by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc., on May 04, 1999 and being a part of the same property conveyed to Tonya R. Jones and John E. Jones by Imogene Jones by deed dated February 02, 1990 which is of record in Deed Book 338, Page 268 in the records of Whitley County, Kentucky.

Being the same property Lonnie Jones, as Trustee for the benefit of Tony R. Jones and John Everett Jones, marital status unspecified, obtained an undivided one-half interest each by deed dated February 2, 1990 from Imogene Jones, a single person, of record in Deed Book 338, Page 268.  Tonya Jones Davis, marital status unspecified, obtained all of the interest of John Jones, a single man, by deed dated June 19, 2000, of record in Deed Book 419, Page 424 all in the office of the Whitley County Court Clerk.

Also included in a 2000, 28’ x 52’ manufactured home, VIN FS209554, Title #002621180070.

Said property address is: 400 King Mountain Spur Road, Williamsburg, Kentucky 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00444

L & N FEDERAL CREDIT UNION, PLAINTIFF VS. BRADLEY FOSTER TIREY AND DAWN MICHELLE TIREY, HUSBAND AND WIFE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 2, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Bradley Foster Tirey and Dawn Michelle Tirey, plus costs, are as follows:

(1) The sum in the amount of $106,882.76 plus interest on the principal balance of $105,255.67 at the contract rate of 6.125% per annum form March 16, 2010 until paid, together with the plaintiff’s costs herein expended including attorney fees in an amount to be determined by the Court in further proceedings herein.  To the extent that the plaintiff has made advancements to pay property taxes, casualty insurance premiums and other charges for the preservation of the property or the protection of the lien of the plaintiff’s mortgage during the pendency of this action.

(2) An additional sum in the amount of $65,604.74 plus interest on the principal balance of $64,560.52 at the contract rate of 7.75% per annum from March 16, 2010, until paid.

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

BEING LOT NUMBER FIFTY-SIX (56) AND LOT NUMBER FIFTY-SEVEN (57) of the residential development identified as Browning Acres 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 3, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

BEING ALL THE SAME LAND acquired by Bradley Foster Tirey and Dawn Michelle Tirey, husband and wife, by deed of conveyance from L & N Federal Credit Union dated July 27, 2000 and recorded in Deed Book 420, at page 387, in the clerk’s office aforesaid.

Said property address is: 104 Ballad Drive, 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 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 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. II

CIVIL ACTION NO. 10-CI-00204

FIRST STATE FINANCIAL, INC. F/KA TOWN AND COUNTRY BANK, PLAINTIFF, VS. CHARLES WILLIAM ALLEN, II, AND HIS WIFE, DONNA ALLEN; CAPITOL ONE BANK (USA), NA; COMMUNITY TRUST BANK, INC; WHITLEY COUNTY, KENTUCKY; WILLIAMSBURG, KENTUCKY AND WILLIAMSBURG INDEPENDENT SCHOOL DISTRICT, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 9, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Charles William Allen, II and Donna Allen, n/k/a Donna Karen Garner-Hall, plus costs, are as follows:

(1) The principal sum in the amount of $54,917.20 as of March 8, 2010 plus interest thereon at the rate of 6.49999% per annum ($9.75045986 per day) until date of judgment and thereafter at interest at the judgment rate of 12% per annum until paid in full.

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 the Highland Park Addition to the City of Williamsburg, Whitley County, Kentucky, and being bounded and described as follows:

BEGINNING at a set iron pin in the north right of way of Estes Street, which is 151.23 feet east of the intersection of Estes and Rice Streets also a corner to Tract I; thence with Tract I, N 05° 00’ 29” E, 40.94 feet to a set iron pin; thence N 14° 08’ 49’ W, 28.45 to a set iron pin; thence N 00° 07’ 09” E 92.74 feet to a set iron pin in the branch; thence leaving the Tract I, up the branch S 77° 51’ 00” E, 59.73 feet to a set iron pin in the branch; thence N 74° 50’ 43” E 67.80 feet to a set iron pin at the intersection of a drain and the branch, a corner to Paul Estes; thence up a drain with the Estes line S 12° 00’ 00” E 151.91 feet to a set iron pin in the north right of way of Estes Street; thence leaving the Estes line and with the right of way S 56 14’ 15” W 10.64 feet S 75° 37’ 21” W 28.23 feet; S 83° 47’ 13” W 46.46 feet; S 88° 45’ W, 35.82 feet; S 88° 11’ 58” W 34.04 to the BEGINNING, containing 0.495 acres, more or less.

Being the same property conveyed to Charles William Allen, II and wife, Donna Allen, by deed from Larry Grant West and wife, Virginia N. West, dated September 8, 2003, recorded in Deed Book 446, page 601, Whitley County Court Clerk’s Office.

Said property address is: 26 Estes Street, Williamsburg, Kentucky 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. II

CIVIL ACTION NO. 09-CI-00342

JPMORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO BANK ONE, KENTUCY, N.A., PLAINTIFF, VS. JESSIE J. BRYANT, ET AL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 12, 2009 and subsequent Order entered August 23, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jessie J. Bryant and Rose Marie Bryant, plus costs, are as follows:

(1) The principal sum in the amount of $72,229.35, plus accrued interest to 05/01/2009 in the amount of $5,427.54, plus late charges in the amount of $0.00, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $0.00, plus Attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $78,756.89.

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

Beginning at a 24 inch white oak on the North side of Bob Fork of Spruce Creek Road right of way; thence leaving said road with a new division line of Simpson North 15° 50’ West 200.0 feet to a 6 inch maple; thence South 64° 30’ West 105.0 feet to an iron pin; thence South 15° 50’ East 200.0 feet to an iron pin, on the North side of said road right of way; thence with the North side of said road right of way North 64° 30’ East 105.0 feet to the point of beginning, containing .4821 acres more or less.

Less and except any road right of ways of record.

Being the same property conveyed to Jessie J. Bryant and Rose Marie Bryant, who acquired title by Deed from Mid-State Trust II dated May 20, 1994, recorded June 11, 1994 at 10:55 a.m. in Deed Book 371, Page 683 of the Whitley County Clerk’s Records.

PIDN 104-00-00-005.00

Said property address is: 480 Little Spruce Creek Road, 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 20% 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00399

ANN ARBOR FINANCIAL SERVICES, PLAINTIFF VS. JAMES R. CANADA AND HIS WIFE, PATRICIA A. CANADA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 2, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, James R. Canada and wife, Patricia A. Canada, plus costs, are as follows:

(1) The principal sum in the amount of Twenty-Seven Thousand Three Hundred Thirty-Three Dollars and 75/100 ($27,333.75) as of April 28, 2010, plus interest at the rate of 12% per annum until paid, plus costs and a reasonable attorney’s fee.

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

BEGINNING on a survey marker in the northerly line of Walnut Lane, said survey marker being the southeasterly corner of Lot No. 25, and running thence with the northerly line of Walnut Lane S 69 18’ 01” E 213.91 feet to a point; thence with the northerly line of Walnut Lane S 48 55’ 53” E 61.90 feet to a survey marker in the westerly line of Lot No. 23; thence with the westerly line of Lot No. 23 N 34 25’ 48” E 633.53 feet to a survey marker in the southerly line of the Ralph E. Williams tract; thence with the southerly line of Ralph E. Williams N 63 25’ 37” W 55.00 feet to a white oak; thence with the southerly line of Ralph E. Williams N 60 09’ 59” W 230.47 feet to a survey marker at the northeasterly corner of Lot No. 25; thence with the easterly line of Lot No. 25 S 33 06’ 57” W 651.33 feet to the point of beginning, containing a calculated area of 4.026 acres as per survey and plat dated September 26, 1992, by Gary R. Owens, RLS.

BEING THE SAME LAND acquired by James R. Canada and wife, Patricia A. Canada by Land Contract from Ann Arbor Financial Services, dated June 9, 2003, which instrument is unrecorded.

Also included is a three bedroom trailer with improvements.

Said property address is: 1368 Ralph Lane, Williamsburg, Kentucky 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 1st day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. II

CIVIL ACTION NO. 10-CI-00450

FIRST NATIONAL BANK AND TRUST, PLAINTIFF, VS. JERRY WAYNE HART; SONNY HART AND WIFE, WANDA HART; TAX EASE LIEN INVESTMENTS, LLC; TAX EASE LIEN INVESTMENTS 1, LLC; KENTUCKY TAX COMPANY, LLC; THE HOSE HOUSE, INCORPORATED, A/K/A THE HOSE HOUSE; DISCOVER BANK, ISSUER OF DISCOVERY CARD, BY ITS SERVICING AGENT, DFS SERVICES, LLC; CITY OF CORBIN, KENTUCKY AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on August 9, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, October 4, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jerry Wayne Hart, plus costs, are as follows:

(1) The principal sum in the amount of $46,426.72 with interest continuing to accrue at the rate of 6.250% from and after July 26, 2010, until paid in full; plus any late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for other fees expended for services performed in connection with Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the Mortgage instrument.

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

LOCATED AND BEING IN WHITLEY COUNTY, KENTUCKY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at the point where the north edge of a driveway belonging to Sonny Hart, Sr. intersects the right of way of 23rd Street; thence with 23rd Street in a northerly direction a distance of 300 feet, thence in an easterly direction parallel with the Sonny Hart, Sr. driveway a distance of 240 feet; thence in a southerly direction parallel with 23rd Street a distance of 300 feet; thence in a westerly direction a distance of 240 feet to the point of beginning.

Being the same real property conveyed to Sonny Hart and wife, Wanda Hart, by deed from Kenneth Robert Hart et al, dated June 27, 1997, of record in Deed Book No. 393, Page 505.  Also see deed from Marie Hart to Sonny Hart and wife, Wanda Hart, dated March 27, 1997, of record in Deed Book No. 391, Page 457.  For further source of title, see Affidavit of Descent of Kenneth Hart of record in Deed Book No. 370, Page 634, Whitley County Court Clerk’s Office.

Also included is a 1996 Oakwood Mobile Home, Identification Number HONC02231084AB.

Said property address is: 359 23rd Street, 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 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 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 10th day of September, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616 • FACSIMILE: (606) 528-0709