Legal Notices for 10/8/14, page 1

 

 NOTICE:

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

Larine Williams, 807 W Fourth Street, Corbin, KY 40701 was appointed executrix of the estate of Julia Cottongim Williams, deceased; Kimberly Weathers, 1821 Cherry Ridge Dr., Lake Mary, FL 32746, was appointed administratrix of the estate of Robert Meeks, deceased, Adam L. Towe, Esq., PO Box 3199, London, KY 40743, is the attorney for said estate; Tommy Ray Lanham, PO Box 2088, Corbin, KY 40702 was appointed administrator of the estate of Paul A. Lanham, deceased; Tommy Ray Lanham, PO Box 2088, Corbin, KY 40702, was appointed administrator of the estate of Drucilla Lanham, deceased; Peggy Moore, 230 Winners Circle, Corbin, KY 40701 was appointed executrix of the estate of Delores Jane Hart, deceased, Hon. Alison Lobb Emmons, 232 West Main Street, Richmond, KY 40475 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 30th day of September, 2014.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY –  WILLIAMSBURG, KY 40769

 

NOTICE:

Mayme Sue Farris has filed the final settlement in the estate of Elsie Naoma White Freeman, deceased; Mona McQueen has filed the final settlement in the estate of Opal Mooneyham, deceased; Sheila Hensley has filed the final settlement in the estate of Fred Hall, deceased.

Exceptions, if any, must be filed prior to November 1, 2014.

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

Given under my hand this 30th day of September, 2014.

GARY W. BARTON, WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

NOTICE:

William Huffman, 4232 Maple Creek, Williamsburg, KY 40769 has been appointed as Administrator over the estate of Virginia McFarland, deceased.

Wanda Hoskins, 254 Hemlock Lane, London, KY 40744 has been appointed as Executrix over the Estate of Treva Irene Lambdin, deceased.

Dennis R. Faulkner, 570 Blaze Valley Rd, Somerset, KY 42501 has been appointed Executor over the estate of George E. Faulkner, deceased.

GARY W. BARTON, WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

Notice of Blasting Schedule

Alden Resources, LLC, 332 W. Cumberland Parkway, Corbin, KY  40701, phone number (606)523-9760, gives notice that blasting operations will be conducted on its coal mine permit number 918-0447, covering 632.87 acres. Latitude: 36° 47’ 01.68”, Longitude: 84° 03’ 37.63”

The proposed operation is located approximately 0.5 miles north of Perkins, Kentucky, and is approximately 0.80 miles east of the Maple Creek Road junction with Brown Creek Road and located 3.9 miles north of the mouth of Maple Creek.

Blasting operations are projected to commence October 15, 2014.  Blasting will be conducted between sunrise and sunset except in emergency situations.  Emergency situations include, but are not limited to, lightning, the imminent threat of lightning, or other circumstances that require unscheduled detonation for the safety of the public or miners.

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

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.  14-CI-00385

VANDERBILT MORTGAGE AND FINANCE, INC, PLAINTIFF. vs. JONATHAN W. TYE A/K/A JONATHAN WAYNE TYE; JENNIFER R. TYE; COMMONWEALTH OF KENTUCKY, DIVISION OF UNEMPLOYMENT INSURANCE; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 2, 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jonathan W. Tye A/K/A Jonathan Wayne Tye and Jennifer R. Tye, jointly and severally, plus costs are as follows:

(1) The principal sum of $47,577.58, together with accrued interest thereon at the Note rate of 7.52% starting from November 1, 2013 until paid, plus accrued interest, for any other charges which have accrued; and for its costs expended, plus its attorney fees which are not included in the judgment, but will be determined at a subsequent hearing.

(2) Also included in the sale is a 2012 Clayton manufactured home VIN: CLM093199TN.

The property is located at 1112 Highway 26, Williamsburg, KY 40769, and more particularly described as follows:

BEGINNING at the new stake on the east side of Highway 26; thence 200 feet northeast to an existing stake (now under pavement) at Wofford Cemetery Road; thence 42 feet southeast to an existing stake (now under pavement) on Wooford Cemetery Road; thence 65 feet south to an existing stake on the west side of Richard Mack Road; thence 140 feet south to an existing stake on the west side of Richard Mack Road; thence 145 feet west to the point of Beginning.

Being the same property conveyed to Jonathan Wayne Tye, by Deed dated April 10, 2012, being of record in Deed Book 507, Page 351, in the Office of the Clerk of Whitley County, Kentucky.

TERMS OF SALE

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

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

CIVIL ACTION NO. 14-CI-00386

L&N FEDERAL CREDIT UNION, PLAINTIFF VS: CHARITY E. WYNN; and COMMONWEALTH CREDIT UNION, INC., DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 4, 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The personal judgment against the Defendant, Charity E. Wynn, plus costs is as follows:

(1) The sum in the amount of $90,471.17, plus interest on the principal balance of $89,420.43 at the contract rate of 3.125% per annum from June 16, 2014 until paid. The additional sum in the amount of $415.54 as costs herein expended; and attorney fees in the amount of $1,800.00, shall be reimbursed to the Plaintiff from the proceeds of the sale.

Property Address is: 99 Cardinal Heights, Williamsburg, KY 40769.

The following property located in Whitley County, Kentucky, to-wit:

BEING LOT NUMBER FIVE (5) of the residential development identified as Cardinal Hills Estates 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 dated June 12, 1975 and appearing of record in Plat Cabinet 1, at slide 190, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

BEING ALL THE SAME LAND acquired by Charity E. Wynn and Trent Wynn, wife and husband, by deed of conveyance from First State Financial, Inc., dated February 19, 2009 and recorded in Deed Book 488, at page 666, in the clerk’s office aforesaid.

FOR FURTHER SOURCE OF TITLE reference is hereby made to the quitclaim deed from Trent Wynn, unmarried, to Charity E. Wynn dated August 11, 2011 and recorded in Deed Book 503, at page 646, in the clerk’s office aforesaid.

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 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, and the purchase price is less than the amount of the Plaintiff’s judgment, then, and in that event, they 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 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 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 30th day of September, 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. 08-CI-550

CitiMortgage, Inc., Plaintiff, VS. Nickey D. Smith; County of Whitley; Hamilton Mortgage Company, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 4, 2013, and a subsequent Order entered February 25, 2013 Amending the Judgment and Order of Sale, and subsequent Orders entered July 21, 2014 and August 18, 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Nickey D. Smith, plus costs, is as follows:

(1) The principal sum in the amount of $87,047.85, plus interest from 02/1/09-12/16/11 in the amount of $13,519.51, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $3,770.13, plus property inspection fees in the amount of $858.68, plus speed pay fee in the amount of $20.00, plus interest escrow advance in the amount of $91.30, plus late charges in the amount of $167.20, for a total in the amount of $105,201.67, together with interest at the rate of 5.8750 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 $1,500.00, 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.

Property Address: 7002 East Highway 904, Williamsburg, KY 40769.

BEGINNING ON   FOUND CROSS TIE POST IN THE NORTHEAST EDGE OF KY HIGHWAY 904 (30 FEET FROM APPROXIMATE CENTERLINE), SAID POST BEING A CORNER COMMON TO (NOW OR FORMERLY) WESLEY RAINS (DB 157 PG 065), AND THE NORTHWEST CORNER OF THE TRACT DESCRIBED HEREIN, THENCE LEAVING SAID HIGHWAY AND WITH LINE COMMON TO SAID RAINS N 73-45-30 E 248.79 FEET TO A SET IRON PIN AND CAP, THENCE LEAVING LINE COMMON TO SAID RAINS AND WITH LINE COMMON TO AMANDA PERKINS (DB 226 PG 235) S 45-53-28 E 186.95 FEET TO A SET IRON PIN AND CAP, THENCE LEAVING LINE COMMON TO SAID PERKINS AND WITH 3 NEW DIVISION LINES SEVERING THE PARENT TRACT S 65-15-51 W 114.80 FEET TO A SET IRON PIN AND CAP, THENCE S 18-59-38 W 24.33 FEET TO A SET IRON PIN AND CAP, THENCE S 56-02-11 W 148.78 FEET TO A SET IRON PIN AND CAP IN THE NORTHEAST EDGE OF KY HIGHWAY 904 (30 FEET FROM APPROXIMATE CENTERLINE), THENCE ALONG THE NORTHEAST EDGE OF SAID HIGHWAY N 34-21-31 W 47.82 FEET TO A POINT, THENCE N 32-14-32 W 207.16 FEET TO THE POINT OF BEGINNING, CONTAINING 1.26 ACRES BY SURVEY CONDUCTED ON JANUARY 20, 2006 BY RICHARD A REECE, PLS#3358 WITH H&R SURVEYING.

THERE IS EXCEPTED FROM THE ABOVE DESCRIBED TRACT AN EASEMENT 20 FEET IN WIDTH FOR THE PURPOSE OF INGRESS AND EGRESS TO THE REMAINING LANDS OF AMANDA PERKINS AND DESCRIBED ALONG THE CENTERLINE AS FOLLOWS: BEGINNING ON A POINT LOCATED S 32-14-32 E 18.04 FEET FROM THE NORTHWEST CORNER OF THE TRACT DESCRIBED ABOVE (FOUND CROSS THE POST), THENCE N 72-37-57 E 45.36 FEET TO A POINT, THENCE N 80-15-05 E 98.65 FEET TO A POINT, THENCE N 86-22-48 E 47.84 FEET TO A POINT, THENCE N 80-52-29 E 62.90 FEET TO A POINT, THENCE N 67-29-09 E 16.52 FEET TO A POINT IN THE NORTHEAST BOUNDARY AND THENCE TERMINATING.

UNLESS STATED OTHERWISE ANY MONUMENT REFERRED TO HEREIN AS A “SET IRON PIN AND CAP” IS A SET 1/2 “ BY 18” IRON PIN WITH ORANGE OR RED PLASTIC CAP STAMPED H&R PLS#3358.  ALL BEARINGS GIVEN HEREIN REFERENCED TO THE MAGNETIC MERIDIAN AS OBTAINED FROM A PREVIOUS SURVEY OF THE PARENT TRACT DATED AUGUST 23, 2002

Being the same property conveyed by Amanda Lovelace and Elmond Lovelace, husband and wife, to Nickey D. Smith, unmarried, by Deed dated March 7, 2006, and filed for record on April 27, 2006 in Deed Book 468, Page 745 in Barren 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 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 September, 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. 13-CI-310

U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSMPS Mortgage Loan Trust 2005-RP3, Plaintiff, VS. Karen M. Helton aka Karen Helton; Rema W. Helton aka Remy Helton; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY- Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 16, 2013, and a subsequent Order entered November 21, 2013 Amending the Judgment and Order of Sale, and a subsequent Order entered August 18, 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Karen M. Helton aka Karen Helton and Rema W. Helton aka Remy Helton, plus costs, is as follows:

(1) The principal sum in the amount of $27,451.20, plus interest from 10/1/12 in the amount of $1,328.42, plus late charges in the amount of $301.20, plus property inspection fees in the amount of $385.41, plus escrow balance credit in the amount of $302.49, for a total in the amount of $29,163.74 together with interest at the rate of 7.0000 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 $1,700.00, 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.

Property Address: 1465 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on a stake, at the corner of Cledia Faulkner’s and Gracie Cain’s line; thence at the old country road; thence S 46 W 200 feet; thence S 56 W 200 feet; thence S 76 W 244 feet; thence N 50 W 100 feet; thence N 41 W 280 feet to a sweet gum tree corner; thence S 37 E 300 feet; thence S 63 E 100 feet to a stake; thence N 62 E 100 feet; thence N 65 E 100 feet, N 55 E 100 feet, N 65 E 100 feet to the beginning.

Being the same property conveyed to Karen M. Helton and Rema W. Helton, wife and husband, by deed dated November 30, 2001 and recorded December 01, 2001 in Deed Book 431 Page 281 in the Office 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 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 September, 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. 14-CI-00222

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. JAMES SCOTT SERGENT aka JAMES SCOTT SARGENT; JESSICA SERGENT; CENTRAL FINANCIAL SERVICES, INC; AND DISCOVER BANK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 31, 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, James Scott Sergent, aka James Scott Sargent, plus costs is as follows:

(1) The principal sum in the amount of $28,636.63, plus unpaid interest of $475.53, plus late charges of $397.90, plus other fees of $627.37 for a total payoff of $30,181.43, plus interest and accruing daily at a rate of $2.3863858 (as of March 19, 2014).

Property Address: 905 Tyes Ferry Road, Rockholds, KY 40759.

BEGINNING at a stake at the edge of Tye’s Ferry Road (KY 511); thence with said road Eastward 187-1/2 feet to a stake in a fence line at Cotterell’s corner; thence with the Cottrell fence Southward 260 feet to a stake, a corner common to Cottrell and Leland and Joie Wells; thence a conditional line between the parties running West 140 feet to a stake; thence North 150 feet to a stake; thence Northwest including the driveway 140 feet to a stake at edge of said State HWY 511, the beginning.

Ainer Jackson and Irene Jackson have previously reserved the Blue Gem Coal with the right to ingress and egress to remove same in a prior deed dated February 28, 1978, recorded in Deed Book 272, at Page 553-554, Whitley County Court Clerk’s Office.

Being the same real property conveyed to Leland Wells and wife, Joie Wells, by deed from James Carter and wife, Audry Carter, dated December 11, 1998, of record in Deed Book No. 405, Page 158, Whitley County Court Clerk’s Office.

Being the same property conveyed to James Scott Sargent, a single person in deed dated May 6, 2002 from Leland Wells and Wife, Joie Wells and recorded in Deed Book 435, Page 104 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 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, 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 September, 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. 13-CI-393

Bank of America, N.A., Plaintiff, VS. Crystal Smith, individually and as Executrix of the Estate of Margaret Durham; Unknown Defendant, Spouse of Margaret Durham; Unknown Defendant, Spouse of Crystal Smith; Timothy Durham; Unknown Defendant, Spouse of Timothy Durham, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 21, 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $96,109.78, plus interest from 05/1/12 in the amount of $9,611.04, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,218.91, plus property preservation in the amount of $1,734.48, plus tax lien in the amount of $22.00, for a total in the amount of $109,696.21, together with interest at the rate of 5.0000 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 $1,150.00, 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.

Property Address: 3278 Highway 511, Corbin, 40701.

The land referred to in this commitment is described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being the same land conveyed to the first parties by Jack Ford and wife, Pamela Ford, by deed dated April 30, 1993, and of record in Deed Book 363, Page 317, Whitley Court Clerk’s Office, and bounded and described as follows:

Beginning at a set stone in the Buffalo Road at Sexton’s corner, thence with the Buffalo Road in an eastern direction 200 feet to a set stone; thence about north 297 feet to an oak tree in Sexton’s line; thence with Sexton’s line 358 feet to the beginning corner. This lot is in the form of a triangle.

Being the same property conveyed to Margaret Durham from Ramona Duncan, a single person, and David Tucker, a single person, in 7/15/99 and recorded on 7/20/99 in Deed Book 410 Page 503 of the records of the Whitley County Clerk’s Office. Margaret M. Durham died 2/23/12.

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 September, 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. 13-CI-00654

U.S. BANK, N.A., AS TRUSTEE ON BEHALF OF MID-STATE TRUST VI, BY GREEN TREE SERVICING LLC, AS SERVICER WITH DELEGATED AUTHORITY, PLAINTIFF, VS. BARBARA PHIPPS; WAYNE SUPPLY a/k/a WHAYNE SUPPLY COMPANY p/k/a WAYNE SUPPLY, INC.; JOHN O. RATLIFF; KELVIN HART; WENDY HART; EDGAR A. BEASLEY; JANICE SUE BEASLEY; DELORES JUNE DELPH; JAMES D. DURHAM; FIRST NATIONAL BANK & TRUST CO of CORBIN NOW KNOWN AS WHITAKER BANK; LEWIS HELTON; HARCE MCDARIES; SYLVIA MCDARIES; OTIS SMITH, JR.; SHIRLEY SMITH; FRED J. WARWICK; AND WHITLEY COUNTY, KENTUCKY; AND UNKNOWN SPOUSE OF BARBARA PHIPPS; UNKNOWN SPOUSE OF DELORES JUNE DELPH; UNKNOWN SPOUSE OF FRED J. WARWICK-(CAROLYN WARWICK); UNKNOWN SPOUSE OF HARCE MCDARIES; UNKNOWN SPOUSE OF JAMES D. DURHAM; UNKNOWN SPOUSE OF JOHN O. RATLIFF; UNKNOWN SPOUSE OF LEWIS HELTON; AND UNKNOWN SPOUSE OF SYLVIA MCDARIES, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 16, 2014, and subsequent Order entered June 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 Monday, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The IN REM Judgment against the Defendant, Barbara Phipps, plus costs is as follows:

(1) The sum in the amount of $21,478.66 as of September 15, 2013, with interest thereon at the contract rate of 10.00% per annum until the date of entry hereof, and thereafter at the contract rate, until paid.

Property Address: 264 Rock Castle Street, Corbin, Kentucky 40701

Beginning on an iron pin of right of way intersection of Rockcastle Road and I-75; Thence North 17 degrees 07 minutes 01 seconds East for a distance of 276.74 feet with the right of way of I-75 to an iron pin on north bank of a branch; thence South 52 degrees 07 minutes 11 seconds East for a distance of 134.15 feet leaving right of way to an iron pin in said branch; thence South 31 degrees 50 minutes 07 seconds West for a distance of 218.09 feet to an iron pin on right of way of Rockcastle Road; thence North 82 degrees 40 minutes 50 seconds West for a distance of 31.31 feet with said road right of way to an iron pin; thence South 88 degrees 52 minutes 02 seconds West for a distance of 41.25 feet with said road right of way to the point of beginning.

Together with and subject to covenants, easements, and restrictions of record.  Said property contains 0.5542 acres more or less.

The conveyance to Fred J. Warwick recorded in Deed Book 375, Page 424 in the Whitley County Clerk’s Office is excepted from this description.  The conveyance to Otis Smith, Jr. and Shirley Smith recorded in Deed Book 375, Page 409 in the Whitley County Clerk’s Office is also excepted from this description.  The conveyance to Edgar A. Beasley and Janice Sue Beasley is also excepted from this description.

This being a part of the same property conveyed to Orville Phipps and Barbara Phipps, his wife, by deed dated November 7th 1994, by Gerald N. Hart and Marjorie L. Hart, his wife, and recorded in Deed Book 375 Page 200-202, County of Whitley, State of Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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, 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 September, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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