Legal Notices for 4/15/15

 

 ADVERTISEMENT FOR BIDS

Sealed Proposals for the following equipment will be received by the Williamsburg-Whitley County Airport Board in the manner and on the date hereinafter specified for the proposed Mobile Home.

Specification can be found on the Williamsburg- Whitley County Airport Board Web Site, http://www.wwc
airport.com/homespecs

Agency must submit their mailed bids or submit them to the Williamsburg-Whitley County Airport Board P.O. Box 1223, Williamsburg, KY, 40769 on or before 6:00 p.m. local time on April 23, 2015, at which time bids will be opened and read aloud during the regular meeting of the Airport Board.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

No bidder may withdraw his/her bid for 90 days after the date the bids are opened. Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Williamsburg-Whitley County Airport Board reserves the right to waive any informality and may reject any and all bids in addition reserves the right to award bid based upon availability, service and in the best interest for the Airport. Williamsburg-Whitley County Airport Board is an Equal Opportunity Employer.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0479, Transfer

In accordance with 405 KAR 8:010, notice is hereby given that Blue Gem Mining, INC,  of 100 Enterprise Lane, London, Ky. 40741, intends to transfer permit number 918-0453  to ACPKY1, LLC of  2200 Wintersprings Blvd. #317 Suite 106, Oviedo, Fl. 32765  The new permit number will be 918-0479. The operation disturbs 45.48 surface acres and auger mining underlies 82 acres for permitted total acres of 127.48.  No new acreage is affected by the transfer.

The proposed operation is located approximately 1.43 miles southwest from Ky 1064  junction with McNeil-Corn Creek  Road and located 1.06 miles  south of the Corn Creek. The latitude is 36° 51’ 48” and the Longitude is 84° 05’ 35”.

The proposed operation is located on the Rockholds U.S.G.S. 7 1/2 minute topographical quadrangle maps. The operation will use the Surface Contour and Auger methods of mining. The surface and underground area is owned by Simon M. Vanderpool and Sandra Joan Vanderpool.  

This is the final advertisement of this application; all comments, objections, or requests for a permit conference must be received within thirty (30) days of today’s date. The application has been filed for public inspection at the Department for Mine Reclamation and Enforcement’s Middlesboro’s Regional Office at 1804 East Cumberland Ave. Williamsburg, Ky. 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.

 

 

 

Time Warner Cable’s agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time.  We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations, we must inform you when an agreement is about to expire.  The following agreements are due to expire soon, and we may be required to cease carriage of one or more of these services or stations in the near future: WEVV (SD & HD), WEVV D2 (SD & HD), WLEX (SD & HD), Youtoo, Outdoor Channel (SD & HD), RFD, WPSD D2 Antenna TV, Pivot, Boomerang, Cartoon Network, CNN, CNN Espanol, HLN, TBS (SD & HD), TCM9 TNT (SD & HD), truTV, HBO (SD & HD), HBO West, HBO2 (East & West), HBO Comedy, HBO Family (East & West), HBO Latino, HBO Signature (East & West), HBO Zone, HBO On Demand, Cinemax (SD & HD), Cinemax West, 5StarMax, ActionMAX (East & West), Max Latino, MoreMAX (East & West), MovieMAX, OuterMAX, ThrillerMAX, Cinemax On Demand.

In addition, from time to time we make certain changes in the services that we offer in order to better serve our customers. The following changes are planned:

Time Warner Cable may cease carriage of TWC Movie Pass On Demand on or around April 30, 2015.

On or after May 20th, Pro Sports On Demand channel 1011 will no longer be available as a standalone channel and its programming will move to Sports & Fitness On Demand channel 1009.

Programming is subject to change. Not all services available in all areas. Restrictions may apply.  For up-to-date listings of our packages and channels, visit our website at www.timewarnercable.com

 

Notice of Blasting Schedule

Mountainside Coal Co., Inc. 7692 S. Highway 25W, Williamsburg, Kentucky 40769, Phone Number (606) 786-2121 gives notice that blasting operations will be conducted on its coal mine permit 918-0466, located at Hatfield Gap near Pearl, Kentucky. More specifically near Wheeler Creek and Tiny Branch Spur tributaries in Whitley County.   Blasting will be done daily.  No blasting will be conducted before sunrise or after sunset.  At least 10 minutes before the blast, access to the area will be controlled by Company personnel. There will also be state and county roads that will have to be blocked just before, during, and shortly after blasting in some areas. The roads that are affected by this are Rt 1595 south of Wheeler Creek, RT 190 at Tracy Branch, Tiny Branch Spur road just below the end of public maintenance. At those times and locations Mountainside Coal Company or other designated officials will be in place to stop the flow of traffic. The permittee will also use audible signals to notify all persons residing or regularly working within one-half mile of the blasting site. The blasting schedule will be in effect from April 2015 to April 2016.

Before each blast is detonated the following types of audible warning will be given:  The warning signal will consist of a series of three long sounds of a siren given five minutes prior to the blast signal.  The blast signal will be given one minute prior to detonation, and consist of a series of three short sounds of a siren.  The all-clear signal after blasting will be one prolonged blast of a siren following the inspection of the blast area.  Blasting will not be conducted at times different from those given above except in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety requires unscheduled detonation.  Prior to these detonations, the following audible warning will be given:  five minutes prior to the blast signal a series of three long sounds of a siren; one minute prior to the blast a series of three short sounds of a siren.  The all-clear signal after blasting will be one prolonged blast of a siren following the inspection of the blast area.  Also prior to detonation in emergency situations the permittee, using audible signals will notify all persons residing or regularly working within one-half mile of the blasting site.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00501

AMERICAN FINANCIAL RESOURCES, INC., PLAINTIFF, VS. VERNA L. TARVIN; MILLARD R. TARVIN, AKA MILLARD TARVIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE   

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Verna L. Tarvin and Millard R. Tarvin, AKA Millard Tarvin, plus costs, is as follows:

(1) The principal sum in the amount of $86,196.40, with interest on the principal sum at the rate of 5.125% per annum from March 1, 2014, until paid; plus costs herein; plus reimbursement for attorney’s fees; plus any sums advanced or made pursuant to the terms of the Note and Mortgage, including late fees and any costs, attorney’s fees, or other advances, and in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

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

Parcel No.: 138-30-14-013.00

A certain tract of land lying on the East side of Madison Street, with an address of 1509 Madison Street, Corbin, Whitley County, Kentucky, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a steel stake is a set 1/2 inch diameter rebar stake, Eighteen inches in length, with a yellow plastic cap stamped “EG 3276”. All bearings stated herein are referred to true north as observed on February 11, 2011 on the property described herein

Beginning at a steel stake set in the East right-of-way line of Madison Street, 20 feet from the street center line, bearing N 10-38-16 W, 111.47 feet from a point in the junction of Madison Street and 16th Street, a corner to Ken Trudelle (DB 475, PG 267) and the tract described herein.

thence with the right-of-way line N 20-58-21 W, 59.08 feet to a steel stake set, 20 feet from the street center line, a corner to Freda Alsip (DB 197, PG 423) and the tract described herein;

thence with the Freda Alsip line N 77-28-46 E, 70.82 feet to a steel stake set in a fence corner, a corner to Jamie Davenport (DB 459, PG 253) and the tract herein;

thence with the Jamie Davenport and Cheryl Bowser (DB 399, PG 360) line and the fence the following calls: S 26-43-39 E, 5.01 feet to a steel stake set in a fence corner; N 74-46-44 E, 73.31 feet to a steel stake set in a fence corner, a corner to Ken Trudelle and the tract described herein;

thence with the Ken Trudelle line and the fence the following calls: S 16-43-19 E, 51.82 feet to a steel stake set at a fence corner; S 64-23-49 W, 70.42 feet to a steel stake set at a fence corner; N 13-25-28 W, 11.87 feet to a steel stake set; thence with the Ken Trudelle line S 76-27-01 W, 71.62 feet back to the point of beginning, containing 0.19 acres, more or less.

All according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on February 11, 2011.

Being the same property conveyed to Verna L. Tarvin and Millard Tarvin, wife and husband, by virtue of a deed from Huddleston Homes, Inc., dated July 13, 2012, filed July 18, 2012, recorded in Deed Book 509, Page 35, County Clerk’s Office, Whitley County, Kentucky.

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

Commonly known as: 1509 Madison 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 ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00465

COMMUNITY TRUST BANK, INC., Individually and Acting as agent for FEDERAL HOME LOAN MORTGAGE CORPORATION, in their own right, PLAINTIFF, VS.VON HENDRIEN; and CAROL HENDRIEN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Von Hendrien and Carol Hendrien, plus costs is as follows:

(1) Count I: The Plaintiff shall have and recover of the Defendant, Von Hendrien,  the principal sum in rem of $54,473.44, plus unpaid interest of $935.44, plus late charges of $117.63, less escrow balance of $150,00 for a total payoff of $55,376.51, plus interest and accruing daily at a rate of $5.2234805 (as of July 28, 2014).

(2) The Plaintiff shall have and recover of the Defendant, Carol Hendrien,  the principal sum of $54,473.44, plus unpaid interest of $935.44, plus late charges of $117.63, less escrow balance of $150,00 for a total payoff of $55,376.51, plus interest and accruing daily at a rate of $5.2234805 (as of July 28, 2014).

(3) Count II:  The Plaintiff shall have and recover of the Defendant, Von Hendrien,  the principal sum in rem of $13,756.55, plus unpaid interest of $41.64, plus late charges of $20.00, plus other fee of $500.00 for a total payoff of $14,318.19, plus interest and accruing daily at a rate of $14,318.19 (as of July 28, 2014).

(4) The Plaintiff shall have and recover of the Defendant, Von Hendrien,  the principal sum of $13,756.55, plus unpaid interest of $41.64, plus late charges of $20.00, plus other fee of $500.00 for a total payoff of $14,318.19, plus interest and accruing daily at a rate of $14,318.19 (as of July 28, 2014).

Property Address: 262 Rockcastle Street, Corbin, Kentucky 40701.

The property examined is referred to as Map # 119-40-02-068.00, and has an assessed value of $50,000.00 as determined by the Whitley County Property Valuation Administrator. Same is found in Deed Book 487, Page 641 and is more particularly described as follows:

Lying and being in Whitley County, Kentucky (Corbin, KY U.S.G.S. Quadrangle) on the waters of Arthur’s Branch and on the North of an Rockcastle Street approximately 0.35 miles Northwest of its intersection with Barton Mill 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 December 13, 2008.

BEGINNING at a 1-1/2” Steel Pipe found along the Northeast side of Rockcastle Street and being a corner common to Robert H. Lawson (Deed Book 183, Page 162) now or formerly.

Thence leaving Lawson and with the North side of said road N 46 degrees 18’ 33” W a distance of 100.50’ to a point.

Thence N 68 degrees 01’ 35” W a distance of 39.88’ to a point, a corner common to Stephen D. & Charlotte R. Smith (Deed Book 432 Page 503 & Map Book 2 Page 060) now or formerly.

Thence leaving the road and with Smith N 38 degrees 51’ 49” E a distance of 24.75’ to a 1 1/2” Steel Pipe found.

Thence N 38 degrees 51’ 49” E passing through a Walnut tree a distance of 112.64’ to a 1 1/2” Steel Pipe found.

Thence N 38 degrees 51’49” E a distance of 84.37’ to the centerline of a 36” Culvert Found in Arthur’s Branch.

Thence with the meanders of Arthur’s Branch S 38 degrees 10’ 24” E a distance of 26.56’ to a point.

Thence S 45 degrees 34’ 19” E a distance of 34.25’ to a point.

Thence S 65 degrees 13’ 31” E a distance of 44.15’ to a point.

Thence S 41 degrees 08’ 37” E a distance of 30.53’ to a point.

Thence S 82 degrees 53’ E a distance of 12.43’ to a point, said point being witnessed by a 1 1/2” steel pipe found which bears S 19 degrees 47’ 24” E a distance of 6.08’.

Thence S 40 degrees 11’ 33” W a distance of 221.40’ to the point of beginning and having an area of 29,720.7 square feet or 0.68 acres.

All as shown on attached plat.

Surveyed by Hubbard Land Surveying LLC December 13, 2008.

BEING THE SAME PROPERTY conveyed to Von Hendrien and his wife, Carol Hendrien, by deed dated December 18, 2008 from Lawrence T. Fincher and his wife, Zetta Fincher and recorded in Deed Book 487, Page 641, in the Whitley County Clerk’s Office, Williamsburg, Kentucky.

Subject to Annexation Ordinance No. 1-2007 of the City of Corbin Dated February 12, 2007 and recorded February 26, 2007 in Miscellaneous Book 145, Page 94, in the aforesaid clerk’s office. 

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third 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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the purchaser is a party to his action, and is adjudged to have a lien on the particular tract or parcel of real property, then, and in that event, said party shall not be required to make any cash deposit or bond. In the event said party is a junior lienholder other than the Plaintiff then at the end of the thirty (20) days, said party shall pay the full purchase price.

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 fiscal year 2014 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-00529

VANDERBILT MORTGAGE AND FINANCE, INC., ASSIGNEE OF CLAYTON MOBILE HOMES, INC., PLAINTIFF.vs. ROBERT E. VAUGHT; TERESA M. VAUGHT; UNKNOWN SPOUSE OF ROBERT E. VAUGHT; UNKNOWN SPOUSE OF TERESA M. VAUGHT; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 2, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the Defendants, Robert E. Vaught and Teresa M. Vaught, plus costs is as follows:

(1) The sum of $19,976.83 as of July 23, 2014, with interest thereon at the contract rate of 12.00% per annum until the date of entry hereof, and thereafter at the contract rate, until paid.

(2) Also included in the sale is a 1989 Clayton Mobile Home Serial No.  CLM046989TN.

Property Address:  2042 Bacon Creek Road, Corbin, Kentucky

A certain tract or parcel of land lying in Whitley County, Kentucky, containing 2.02 acres, more or less, and bounded as follows:

Beginning on an iron pipe in the r/w of I-75; thence N 84.32 W 67.10 feet to a concrete Hwy. marker in the r/w of the Bacon Creek Road; thence with same the following calls: S 66.13 W 120.50 feet to a concrete marker; thence S 53.51 W 201.1.30 feet to an iron pipe; thence S 77.27 W 220 feet to an iron pipe; thence N 57.33 W 83 feet to an iron pin; thence leaving the r/w of the Bacon Creek Road and S 61.40 W (reversing) 820 feet to an iron pipe in the I-75 r/w; thence with said r/w S 25 W 273.86 feet to the point of beginning.

Being the same property conveyed to Robert E. Vaught, Jr. and wife, Teresa M. Vaught, from Arvil Liford and wife, Aretta Liford, by Warranty Deed dated April 13, 2001, of record in Deed Book 426, Page 44, in the records for Whitley County, 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. 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 forty-five (45) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they shall only be required to pay costs and expenses of the sale and they may take a credit upon its judgment, and 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 2014 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-00597

COMMERCIAL BANK, INC., SUCCESSOR IN INTEREST TO UNION NATIONAL BANK AND TRUST COMPANY OF BARBOURVILLE, PLAINTIFF, VS. NICHOLAS J. SCOTT, and his wife, AMY P. SCOTT; MID SOUTH CAPITAL PARTNERS, LP; JAMOS FUND I, LP; APEX FUND SERVICES; CITY OF CORBIN, KENTUCKY; 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 February 6, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Nicholas J. Scott and Amy P. Scott, plus costs, is as follows:

(1) The sum in the amount of $42,027.16, together with interest that has accrued thereon from September 15, 2014, accruing at that rate of $5.9462 per diem, until February 6, 2015, and thereafter at the highest rate allowed by law until paid in full, plus applicable late fees.

The property concerned herewith is situated in Whitley County, Kentucky, with an address of 1108 South Kentucky Avenue, Corbin, Kentucky 40701, and is more particularly described as follows:

FIRST TRACT:

BEGINNING on an iron pipe, corner of Dona Lawson at South Kentucky Avenue; thence with said street, North 13 degrees 30 minutes West 76 feet to corner of Willis Smith; thence with the Smith line, South 70 degrees 30 minutes West 110 feet to an iron pipe, A.S. Tipton corner; thence with the Tipton line, South 13 degrees 30 minutes east 66 feet to Dona Lawson corner at an iron pipe; thence with her line, North 75 degrees 00 minutes East 110 feet to the iron pipe at the beginning corner. 

SECOND TRACT:

BEGINNING at a stake at southwest corner of L.E. Parks line; thence 85 feet in line of fence south to a stake; thence 110 feet east; thence 95 feet north to L. E. Parks’ line; thence 110 feet west to the BEGINNING.  This lot lies between L. E. Parks’ lot on north and R. M. Woodward lot on the south, and on east side of street.

The above two tracts being the same property which was conveyed to Borrower Amy Scott by deed from Bonnie Gayle Killers, dated July 21, 2006 and recorded in Deed Book 471 at page 355 in the Whitley County Court Clerk’s Office. 

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (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.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-00012

U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST, PLAINTIFF, VS. CHARLES CRAIN; JEANNIE CRAIN; FARMERS NATIONAL BANK; FIRST RESOLUTION INVESTMENT CORP.; COMMONWEALTH OF KENTUCKY, EX. REL. DIVISION OF UNEMPLOYMENT INSURANCE; AND COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 5, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the Defendants, Charles Crain and Jeannie Crain, plus costs, is as follows:

(1) The principal balance of $69,076.13, together with accrued interest thereon at the current Note rate of 8.64% per annum starting from September 13, 2012, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney fees of at least $2,500.00.

PROPERTY ADDRESS: 261 Childers Road, Williamsburg, KY 40769

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

BEGINNING on an iron pin in the line of the Bennie McCullah property; thence South 79-21’59 West 167.99 feet to the iron pin in the fence South 2-34’50 East a489.80 feet to an iron pin on the hillside; thence North 27-30’31 East 276.11 feet to an iron pin in t he fence on the outside line; thence North 27-30’31 East 567.86 feet to an iron pin near a ten inch poplar; thence North 66-15”36” West 258.18 Feet to the BEGINNING.

Being the same property conveyed to Charles Crain and Jeannie Crain, husband and wife, by deed dated July 14, 2005 and of record in Deed Book 463, Page 267, Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down 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% per annum from the date of sale until paid.  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 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-535

NATIONSTAR MORTGAGE LLC, PLAINTIFF, VS. CHARLES K. VANN; BRENDA VANN AKA BRENDA S. VANN; PORTFOLIO RECOVERY ASSOCIATES, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Charles K. Vann, plus costs, is as follows:

(1) The sum in the amount of $120,890.19, plus interest in at the current rate of 6.50000% from the date referenced in the Account States Affidavit, 09-26-14, until paid, plus additional fees, costs and expenses including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the real property.

Property Address:  150 Wt Parker Road, Corbin, KY 40701

BEGINNING at a set iron pin survey marker, common with the southwest corner of the Charles and Vickie McDaniel (DB 383, P 34) property, located on the approximate right of way of Parker Road, said marker bears N 54 Degrees 09’ 14” E 6.43 feet from a PK nail driven in a 10 inch twin maple tree; Thence leaving Parker Road and running with the Charles and Vickie McDaniel south line and a fence N 54 degrees 09’ 14” E, 223.52 feet to a set iron pin survey marker, common with the southeast corner of the Charles and Vickie mcDaniel property, located near a branch, in a fence line, and on the west line of the Beulah and R.J. Cassidy (DB 236, P 567) property; thence leaving the McDaniel property while running nearly parallel with the branch, in a fence line, and along the southwest line of the Beulah and R.J. Cassidy property S 37 degrees 49’ 01” E, 49.71 feet to a found one-half inch rebar, common with the southwest corner of the Rondal Cassidy (DB 317, P 75) property; thence continuing with the branch and the fence, while running with the southwest line of the Rondal Cassidy property, S 37 degrees 49’ 01” 95.63 feet to a set iron pin survey marker, said marker bears N 37 degrees 49’ 01” W, 75.14 feet from a found one half inch rebar and a common corner between Rondal Cassidy and Beulah and R.J. Cassidy (DB 236, P 567); Thence leaving the Rondal Cassidy property, the branch and fence, while dividing the parent tract into two lots, S 54 degrees 09’ 14” W, 249.69 feet to a set iron pin survey marker located on the est right of Parker Road; Thence running approximately tangent with east right of way of Parker N 23 degrees 57’ 59” W, 83.17 feet to a set iron pin survey marker; Thence continuing approximately tangent with the east right of way of Parker Road N 32 degrees 12’ 58” W. 63.99 feet to the point of beginning and containing 0.78 acres as surveyed and described by Harold W. Gibson, RLS #2541.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Roger Caldwell and Karen L. Caldwell, husband and wife to Charles K. Vann and Brenda S. Vann, husband and wife with right of survivorship by virtue of a deed dated 04/22/1998 and recorded on 04/23/1998 at Deed Book 400, Page 100 of the Whitley County, Kentucky real estate records.

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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00554

GREENTREE SERVICING LLC,   PLAINTIFF, VS. PATRICIA A. CARION; UNKNOWN SPOUSE OF PATRICIA A. CARION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR IRWIN UNION BANK AND TRUST COMPANY; UNKNOWN OCCUPANTS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Patricia A. Carion, plus costs is as follows:

(1) The Plaintiff shall recover from the Defendant(s), Patricia A. Carion, in rem, the principal sum of $116,361.88, together with accrued interest thereon at the rate of 2.00% per annum from December 10, 2014, until paid in full.

BEING LOT NO. 373, of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lots.

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Book 30, Pages 445-448, Whitley County Court Clerk’s Office.

BEING ALL THE SAME PROPERTY acquired by the Grantors by deed from Sawyer Bundy and his wife, Phyllis Bundy, dated March 12, 1994, recorded in Deed Book 370, Page 93, Whitley County Court Clerk’s Office.

Being the same property conveyed to James A. Carion and his wife Patricia A. Carrion from Michael E. Wyatt, and his wife, Sharon L. Wyatt by deed dated May 27, 1995 and recorded May 31, 1995, in Deed Book 378, Page 608 in the office of the Whitley County Clerk.

Property Address: 54 Bold Ruler Trail, 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.

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12% per annum from the date of sale until paid.  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 down payment shall be required and no bond shall be executed by them.

2. 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 fiscal year 2015 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION II

CIVIL ACTION NO. 14-CI-00524

FIRST VOLUNTEER BANK, JELLICO BRANCH, PLAINTIFF VS: JOHN E. DAVIS and his wife, CAROLYN DAVIS 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 January 20, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Thursday, April 23, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendants, John E. Davis and Carolyn Davis, plus costs, is as follows:

(1) The sum in the amount of $247,330.37 as of January 13, 2015, plus interest at the rate of 6% per day until the date of judgment and thereafter at the rate of 12% per annum until paid.

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 on U.S. Highway 25, also known as the Cumberland Falls Road, at Spruce Creek Road, and being more particularly described as follows: 

BEGIN at a set iron pin of North margin of U.S. Highway 25 and on the Southwest intersection of Spruce Creek Road; thence leaving U.S. 25 and with the Southwest margin of Spruce Creek Road as it meanders reduced to two tangent courses and distances: N 45 degrees W 297.40 feet to an iron pin near a small creek; thence N 46 degrees and 02 minutes W 122.40 feet to an iron pin corner to the remaining land of John Black; thence leaving the Spruce Creek Road and with the remaining Black land S 63 degrees 30 minutes W 207.00 feet to a wood fence post corner to the race track boundary; thence three lines with the race track (1) S 37 degrees 50 minutes E 126.30 feet to a post; (2) S 31 degrees 47 minutes 17 seconds W 262.50 feet to an iron pin; (3) S 39 degrees 02 minutes 43 seconds E 317.70 feet to an iron pin near a large culvert on the North margin of U.S. 25; thence N 43 degrees 12 minutes 25 seconds E 507.0 feet with the North margin of U.S. 25 to the point BEGINNING, containing 4.36 acres, by survey of Toleman (ACE” Hensley, KY, R.L.S. No. 295.

AND ALSO, the following described property:

BEGINNING at an iron pin set on the north margin of highway #25 W at a common corner to Siler Implement Company; thence leaving Highway #U.S. 25 and following two lines with Siler Implement Company, N 51 degrees 30 minutes W., 700.00 feet to a stake; thence S. 45 degrees 0 minutes W. 15 feet to a stake; thence N. 51 degrees 30 minutes W. 162.06 feet with Siler Implement Company to a stake; thence leaving the Siler line and following sixteen new lines with the remaining Black property, N. 36 degrees 35 minutes 17 seconds E., 165.30 feet to an iron post; thence around the guardrail of a racetrack the arc or same reduced to tangents: N. 39 degrees 50 minutes 13 seconds W. 27.11; N. 25 degrees 54 minutes 58 W. 51.55 feet; N. 06 degrees 55 minutes 28 seconds W., 48.80 feet; N. 09 degrees 05 minutes 55 seconds E., 46.90 feet; N. 26 degrees 13 minutes 50 seconds E., 46.03 feet; N. 43 degrees 46 minutes 43 seconds E., 46.03 feet; N. 60 degrees 54 minutes 39 seconds E., 46.90 feet; N. 77 degrees 56 minutes 01 seconds E., 48.80 feet; S 84 degrees 00 minutes 28 seconds E., 51.55 feet; S. 70 degrees 09 minutes 13 seconds E., 27.11 feet to a post; thence leaving the arc of the track N. 34 degrees 35 minutes 17 seconds E., 178.70 feet to a post; thence S. 49 degrees 55 minutes 43 seconds E., 467.40 feet to a post; thence S. 37 degrees 50 minutes 43 seconds E., 126.90 feet to an iron pin; thence S. 31 degrees 47 minutes 17 seconds W., 262.50 feet to an iron pin; thence S. 39 degrees 02 minutes 43 seconds E., 317.70 feet to an iron pin on the north margin of Highway #U.S. 25; thence S. 45 degrees 00 minutes W. 268.75 feet with the north margin of Highway #U.S. 25 to the point of BEGINNING, containing 11.38 acres, the same to be more or less by survey of Ace Hensley.

BEING THE SAME PROPERTY acquired by Mortgagor, John E. Davis,  by deed from American Speedway Corporation, an Illinois Corporation, dated June 24, 2013, recorded in Deed Book 450, page 361 of the Whitley County Court Clerk’s Office.

PROPERTY ADDRESS:  6194 Cumberland Falls Highway, 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 ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  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, they shall only be required to pay costs and expenses of the sale and 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 7th day of April, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUITCOURT

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