Legal Notices for 1/14/15, page 1

 

 BID NOTICE:

The Whitley County Board of Education is now accepting bids on the mowing for the 2015 mowing season.

Bid packets are available at the Whitley County Board of Education, 300 Main Street, Williamsburg, Kentucky. Bids will be opened on February 5, 2015 at 10:00 A.M. The Board reserves the right to accept or reject any or all bids.

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Susan Wilnatt was appointed administrator for the estate of Harry Hopkins Mount, deceased. Hon. Jeff Hill, PO Box 1185, Corbin, Kentucky 40702 is the attorney for said estate and local agent for said estate.

Pamela S. Cornett, 381 Deering Road, Corbin, KY 40701 and Curtis Lawson, 4705 Highway 511, Rockholds, KY 40759 have been appointed co-administrators for the estate of Helen Louise Lawson, deceased, Whitley Co, Ky. Hon. Robert Hammons, PO Box 1388, Corbin, KY 40702 is the attorney for said estate.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 31st day of December, 2014.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY/WILLIAMSBURG, KY 40769

 

NOTICE:

Betty Sue Surmont has filed the final settlement in the estate of Hettie W. Owens, deceased.

Roy Brock has filed the final settlement in the estate of Dorothy Saylor, deceased.

Exceptions, if any, must be filed prior to February 2, 2015.

The hearing will be held at the Whitley District Court, 805 South Main Street, Corbin, KY 40701.

Given under my hand this 31st day of December, 2014.

GARY W. BARTON,

WHITLEY CIRCUIT/DISTRICT COURTS, WILLIAMSBURG, KY 40769

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 13-CI-181

Caliber Home Loans, Inc., Plaintiff, VS. Pamela McClane; James McClane; Capital One Bank USA, N.A. FKA Capital One Bank; Bank of Corbin; Tri-County National Bank; State Farm Bank, FSB; Baptist Healthcare System, Inc DBA Baptist Regional Medical Center; Brenda Helton, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Pamela McClane, plus costs, is as follows:

(1) The principal sum in the amount of $64,446.53, plus interest due from 11/01/12 to 03/01/14 in the amount of $4,942.40, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,246.82, plus late charges in the amount of $148.50, plus property preservation in the amount of $100.00, plus foreclosure fees/costs in the amount of $2,117.00, plus unapplied funds (credit) in the amount of $33.63, for a total in the amount of $72,987.17, together with interest at the rate of 5.75 percent per annum ($1030 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus a reasonable attorney fee in the amount of $1,450.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 124 Forego Trail, Corbin, KY 40701.

PID Number:  102-20-00-141.00

Being Lot No. 190 of Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is duly recorded at Map Book 3, Page 43, 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 lot.

The foregoing property is subject to the Protective and Restrictive Covenants as set forth in Miscellaneous Book 30, Pages 10-14, records of the Whitley County Court Clerk.

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

Being the same property conveyed by Clifton E Querry and Frances Luanne Querry, husband and wife, Christopher L. Querry and Amy Querry, husband and wife, Susan E. Graceson and David Graceson, wife and husband, and John R. Querry, a single man, to Virgil Mailcoat and daughter Pamela Mailcoat, by Survivorship Deed dated April 30, 2004 and recorded on May 3, 2004 in Deed Book 452, Page 294, records of the Whitley County Court Clerk.

Virgil Mailcoat died on June 13, 2010.  Upon his death, all right, title and interest in the subject property became vested in Pamela Mailcoat aka Pamela McClane pursuant to the survivorship clause of their Deed.

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 down (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 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 30th day of December, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 12CI-00509

FORCHT BANK, NA, PLAINTIFF VS: SCOTTY POWERS, a/k/a SCOTTY D. POWERS, single; US BANK CUSTODIAN/SASS MUNI V DTR; LIENS SOLUTIONS, LLC; and WHITLEY COUNTY, KENTUCKY,     DEFENDANTS LIEN SOLUTIONS, LLC, CROSS-PLAINTIFF

VS:

SCOTTY POWERS, a/k/a SCOTTY D. POWERS, single; US BANK CUSTODIAN/SASS MUNI V DTR; 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 September 15, 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Scotty Powers, a/k/a Scotty D. Powers, plus costs, is as follows:

(1) The sum in the amount of $971.91 which includes $28.00 in acquisition and purchase costs and interest of $476.28 as of September 30, 2014 for the Certificate of Delinquency for tax year 2009; and Certificate of Delinquency for tax year 2010 the sum of $973.16 which includes $28.00 in acquisition and purchase costs and interest of $360.01 as of September 30, 2014 with interest thereon at the rate of twelve percent (12%) per annum until paid; and costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee.  A Total award of $5,335.38 for the 2009 and 2010 Certificates of Delinquency includes a reasonable attorney fee in the amount of $1,732.00; and court costs in the amount of $360.75; but does not include costs and/or fees incurred throughout the judicial sale.

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

Current Property Address: 4710 Louden Road, Williamsburg, KY 40769.

BEGINNING at an oak tree on the ridge, now to be a corner common between Quincy Powers and Tony Powers, and thence S 52 E to a stake and stone at the lower side of a tram road and thence with it S 14 E 113.85 feet; thence S 49.15 W 82.5 feet; thence S 52 W 87.95 feet to a stone; thence S 23.30 W 146.85 feet; thence S. 63.15 W 152.46 feet to an iron pin, a corner or Lot No. 8 and leaving tram road in a northwest direction 543 feet to an iron stake, now to be a corner common Quincy Powers and Tony Powers; thence northwesterdly 350 feet to the BEGINNING.

Also conveyed herein as a right of way 15 feet wide iron this property over and on the property of Quincy Powers, previous grantor herein, as it no exists to the County Road.

RESERVATION: Grantors herein, Tony Powers and Rita Powers, hereby reserve unto themselves a life estate for the use and benefit of the property herein conveyed during their lifetimes, including the right to live on same until the death of the survivor of them.

BEING THE SAME PROPERTY acquired by Scotty Powers, single, by deed from Anthony Powers and his wife, Rebecca Powers and Vernon Payne and his wife, Rita Payne, f/k/a Rita Powers, dated August 1, 2007, recorded in Deed Book 478, Page 605 of 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 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 Cross-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 and shall be entitled to take credit against the purchase price to the full extent of Cross-Plaintiff’s lien and costs and expenses, including attorney’s fees awarded herein, should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Cross- Plaintiff shall be entitled to take a credit against the purchase price in the amount of Cross-Plaintiff’s pro rata  share of the sale proceeds.

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 30th day of December, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00477

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. UNKNOWN HEIRS OF FINLEY LAVON LAWSON AND WHITLEY COUNTY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012 and a subsequent Order entered October 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Unknown Heirs of Finley Lavon Lawson, plus costs is as follows:

(1) The sum in the amount of $300.00 in additional attorney’s fees, and $200.00 in legal expenses, as well as $335.69 for acquisition costs of the 2008 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 26, 2009; plus an administration fee of $100.00; plus preparing and filing of the Release of Lien and the Clerk’s cost of recordation; plus pre-litigation attorney fees of $318.00; plus $349.69 for acquisition costs of the 2009 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 24, 2010; plus an administration fee of $100.00; plus preparing and filing of the Release of Lien and the Clerk’s cost of recordation; plus pre-litigation attorney fees of $79.50; plus actual attorney’s fees of $1,152.00; plus $400.00 for title search and associated fees; and $425.68 in filing fees, court costs and service costs, and all other costs herein expended; and compounded judicial interest of twelve percent (12%) per annum from the date herein until paid upon all amounts and sums due herein.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 220 Old Commissary Road, Williamsburg, KY 40769.

Map ID #: 190-00-00-034.00.

TRACT I

BEGINNING on a stake on the bank of the creek, a corner conditional line made by and between Samuel Paul and Charles Rose: thence with said conditional line N. 28 E. about 55 feet to a stake in the line of Dr. A. Gatliff: thence with said line in a southeastern direction about 59 feet to a stake in the line of George Ellison; thence with said Ellison line in a northwestern direction about 55 feet to the creek; thence down the creek about 63 feet to the point of beginning.  This tract does not include the old road in creek.

TRACT II

BEGINNING at a stake corner on the creek bank in a conditional line made by and between Samuel Paul and Mance Hamby; thence with said conditional line N. 34 e. about 50 feet to a line of A. Gatliff; thence with said Gatliff line in a southeast direction about 59 feet to a stake on the creek bank; thence down the creek about 73 feet to the beginning.  This boundary does not include the old road bed which in the creek.

Being the same property conveyed to Finley Lavon Lawson, by deed dated November 27, 1990, recorded in Book 351, page 63, Office of Whitley County Clerk’s Office (“Property”).

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 the 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, and should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its judgment, 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 30th day of December, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 10-CI-764

U.S. Bank National Association, as trustee of the OWS REMIC Trust 2013-1, Plaintiff,  VS. Carl Neal; Crystal Neal; CitiFinancial fka Commercial Credit Corp fka Security Pacific Fin. Service; Unknown Defendant, Spouse of Carl Neal;

Unknown Defendant, Spouse of Crystal Neal,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 17, 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Crystal Neal, plus costs, is as follows:

(1) The principal sum in the amount of $184,809.31, plus interest from 05/1/09 in the amount of $45,746.53, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $13,940.33, plus inspections in the amount of $93.00, plus BPO in the amount of $90.00, plus late charges in the amount of $250.35, for a total in the amount of $244,929.17, together with interest at the rate of 5.00 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus a reasonable attorney fee in the amount of $1,150.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 4353 Bee Creek Road, Corbin, KY 40701.

TRACT I

BEGINNING AT AN IRON STAKE ALONG HWY 1193, THENCE 170.45 FEET SOUTH ALONG HWY 1193 TO AN IRON STAKE; THENCE FEET TO AN IRON STAKE IN THE GOVERNMENT LINE; THENCE 149 FEET WITH THE GOVERNMENT LINE TO AN IRON STAKE; THENCE 337 FEET EAST TO THE POINT OF BEGINNING.

TRACT II

BEGINNING AT AN IRON STAKE ALONG HWY 1193; THENCE 170.45 FEET SOUTH ALONG HWY 1193 TO AN IRON STAKE; THENCE 337 FEET WEST TO AN IRON STAKE IN THE GOVERNMENT LINE; THENCE 149 FEET WITH GOVERNMENT LINE TO AN IRON STAKE; THENCE 337 FEET EAST TO THE POINT OF BEGINNING SAID PROPERTY LIES ADJACENT TO REAL PROPERTY OWNED BY GRANTEE BY DEED FROM GRANTOR DATED MARCH 24, 1998 AND RECORDED IN DEED BOOK 399, PAGE 371 OF THE WHITLEY COUNTY CLERK’S OFFICE.

Being the same property conveyed to Carl Neal and Crystal Neal, husband and wife, by deed dated February 10, 2006 and recorded on February 15, 2006 in Deed Book 467, Page 64 in the 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 one-third percent down (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 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 30th day of December, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 13-CI-625

Wells Fargo Bank, N.A., Plaintiff, VS. Albert Thornberry; April Thornberry; PNC Bank, National Association; Conseco Finance Service Corp., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 2014, and subsequent Orders entered on August 4, 2014 and November 3, 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Albert Thornberry and April Thornberry, plus costs, is as follows:

(1) The principal sum in the amount of $73,498.64, plus interest from 11/1/12 in the amount of $4,999.95, plus hazard insurance in the amount of $469.43, plus taxes in the amount of $322.70, for a total in the amount of $79,290.72, together with interest at the rate of 6.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,450.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

(2) There is a manufactured home described as being a Make: 2000 HOME, Model Legacy, Color Unknown with a VIN: HL58781ABAL and Title #: 123191180058, that is located on the property and is permanently affixed to the land and will be sold together with the land.

Property Address: 260 Casey Road, Corbin, KY 40701.

PIDN: 069-00-00-023.04

A certain tract or parcel of land located on the South side of an unnamed county road in Whitley County, Kentucky, approximately 0.3 miles from the junction of the unnamed county road and Stoney Fork Road.

Beginning at an iron pin set on the South right-of-way of an unnamed county road, said pin being North 73 degrees 41 minutes 08 seconds for a  distance of 547.14 feet from the corner of Mack Withrow (Deed Book 403, Page 612) and Larry Wilson (Deed Book not on record) and said pin being a new corner with Warren Hale (Deed Book 394, Page 089); thence with the right-of-way of an unnamed county road 82 degrees 25 minutes 58 seconds East for a distance of 232.72 feet to an iron pin found; thence with the right-of-way North 83 degrees 14 minutes 40 seconds East for a distance of 129.48 feet to an iron pin found; said pin being a corner with Warren Hale (Deed Book 394, page 069) ; thence leaving the right-of-way with a new division line of Hale, South 05 degrees 18 minutes 03 seconds East for a distance of 142.11 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, South 53 degrees 45 minutes 28 seconds West for a distance of 118.18 feet to an iron pin set being a new corner with Hale; thence with the new division line of Hale, South 48 degrees 17 minutes 31 seconds West for a distance of 107.21 feet to an iron pin set, said pin being a new corner with Hale; thence with the new division line of Hale, North 79 degrees 21 minutes 38 seconds West for a distance of 94.06 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 74 degrees 43 minutes 18 seconds West for a distance of 209.24 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 29 degrees 53 minutes 24 seconds East for a distance of 185.43 feet to an iron pin set, which is the point of beginning.

The above described having an area of 2.0000 acres as surveyed by Bobby Hudson, LPLS 1263 on August 29, 2000, and being a portion of the property conveyed to Warren Hale, by Deed recorded in Deed Book 326, Page 069, records of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

All corners or witness monuments referred to herein as iron pins set are one-half inch rebar 18 inches long and capped with an orange cap marked LS 1253, except otherwise noted. All bearings are referenced to the magnetic meridian.

This property is subject to any and all rights-of-way and/or easements of record and/or in existence at this time and regulations that may apply through planning and zoning.

Being the same property conveyed to Albert Thornberry and April Thornberry, husband and wife, from Warren C. Hale and Oreita Hale, husband and wife, by Deed dated August 8, 2000 and recorded August 17, 2000 in Deed Book 420, Page 653, records of the Whitley County Court Clerk.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% 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 30th day of December, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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