Legal Notices for 9/23/09, page 3

VS.

DANIEL DUANE CARROLL a/k/a  DANIEL D. CARROLL, MELISSA ANN CARROLL a/k/a

MELISSA C. CARROLL a/k/a MELISSA CARROLL, COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY AND CITY OF CORBIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 10, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, October 12, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Daniel Duane Carroll and Melissa Ann Carroll, plus costs, are as follows:

(1) The sum in the amount of $58,880.60, together with accrued interest thereon at the rate of 9.74000% per annum from July 1, 2009, until the amount has been paid in full.

The property to be sold is as follows:

Situate in Whitley County, State of Kentucky, to wit:

Beginning on a iron pin located on the southwest side of Willow-Brook street; thence south 71 degrees 55 west 122.83 feet to an iron pin common to the smith parcel; thence north 30 degrees 09 west 60.32 feet to an iron pin common to the Smith and Rutherford parcel; thence north 63 degrees 42’ east 128.33 feet to a water meter located on the southwest side of Willow-Brook Street common to the Rutherford parcel; thence with Willow-Brook Street south 22 degrees 45 east 77.69 feet to the place of beginning.  Containing 0.20 acres more or less.

BEING the same property conveyed to Daniel D. Carroll, by that Warranty Deed dated August 24, 1994 and recorded on August 27, 1994 in Book 373, at Page 575, of the Whitley County, Kentucky records.

Said property address is: 904 Willowbrook Avenue, 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 10% down with the balance in 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 18th day of September, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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