Legal Notices for 9/10/14, page 1

 

 NOTICE:

Paula Lowe has filed the final settlement for the estate of Paul Edward Pope, deceased; Thomas Mullins has filed the final settlement for the estate of Irene Mullins, deceased; Frank Baker has filed the final settlement for the estate of Juanita Hendrickson, deceased; Sandra Collett has filed the final settlement for the estate of Otto Trammel, deceased.

Exceptions, if any, must be filed prior to October 6, 2014.

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

Given under my hand this 29th day of August, 2014.

GARY W. BARTON, WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

NOTICE:

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

Janet Yeary Burrows was appointed executrix of the estate of Berneda E. Gallagher, deceased, Hon. Wesley R. Tipton, PO Box 1284, 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 29th day of August, 2014.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE TO RUTH POWERS

To the above individuals, I have been appointed Warning Order Attorney to notify you of Civil Action No. 13-CI-00072, Green Tree Servicing, LLC f/k/a Green Tree Financial Servicing Corp., v. Ruth Powers, Whitley Circuit Court.

You have fifty days from July 18, 2014 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN KY 40702

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00378

JPMorgan Chase Bank, National Association,  Plaintiff, VS. Mozella Martin, Defendant.

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 Order entered 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, September 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem default Judgment against the Defendant, Mozella Martin, plus costs is as follows:

(1) The principal sum in the amount of $81,429.53, plus interest on the principal sum at the rate of 5.5% per annum from April 1, 2013 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 503 West 5th Street, Corbin, KY 40701

Parcel No.: 137-41-05-002.01

A certain tract or parcel of land lying in Whitley County, on the south side 5th street in the city of Corbin, Kentucky and bounded and described as follows:

A portion of one lot no 25, situated in Block No. 78, Hawkins addition to the city of Corbin, Whitley County, Kentucky, bounded as follows, to-wit: Beginning at a stake on 5th street being 6 feet east of Lot No. 25; thence south 130 feet (being 6 feet from the line of said lot no 26) to a stake in an alley; thence east on line of said alley 50 feet to a stake, corner of Lot No. 24; thence north with said line of said lot 50 feet to a stake; thence east on line of said Lot no. 249 feet to a stake at corner of Ralph Reasor and Walter Payne’s property; thence north on line of Walter Payne’s property 80 feet to a stake, corner of 5th street; thence west on line of 5th street 59 feet to the beginning.

Being the same property conveyed to Mozella Martin, no marital status shown who acquired title by virtue of a deed from Jankie Jackson, (single), dated March 13, 2009, recorded March 16, 2009, at Deed Book 489, Page 72, Whitley County, Kentucky records.

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

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 26th day of August, 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. 10-CI-00410

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. AMY LEE SCHNAPF; UNKNOWN HEIRS OF THE ESTATE OF CLEO R. THOMPSON; WHITLEY COUNTY AND CITY OF CORBIN, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 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, September 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Summary Judgment against the Defendant, Amy Lee Schnapf, plus costs is as follows:

(1) The sum in the amount of $206.45 for acquisition costs of the 2007 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 20, 2008; 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 $206.45; plus the sum of $240.10 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 24, 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 $79.50, plus $1,757.00 for attorney’s fees; plus $400 for the title search etc; and $947.71 in filing fees, court costs and service costs; plus 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: 507 5TH Street, Corbin, KY 40701.

Lot No. 27 in Block No. 78 of the Hawkins Addition to the town of Corbi, Whitley County, Kentucky, and bounded as follows:

BEGINNING at a stake at the southeast corner of Fifth and Sycamore Streets; thence southward with the east line of Sycamore Street 130 feet to an alley; thence with said alley eastwardly 65 feet to a stake at corner of Lot No. 26; thence northwardly with said lot 130 feet to a stake in south line of Fifth Street and corner of Lot No. 26; thence with said Street westwardly 65 feet to the BEGINNING.

Being the same property conveyed to George Thompson and Cleo Thompson, by deed dated July 1, 1955, recorded in Deed Book 188, page 331, Office of 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 (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 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 26th day of August, 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-00485

CORBIN NURSING HOME, INC., PLAINTIFF, VS. PEGGY MACKEY and her husband, JOHN MACKEY; 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 July 7, 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, September 15, 2014, at 12:00 p.m., or thereabouPt, the real property described in this Notice.

The Judgment against the Defendant, Peggy Mackey and In Rem judgment against the Defendant, John Mackey, plus costs is as follows:

(1) The principal sum in the amount of $36,920.12 as of July 24, 2013, plus interest at the rate of 12% plus Court costs, until paid in full.

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

PROPERTY ADDRESS: 2113 S. Main Street, Corbin, Kentucky 40701.

BEGINNING at a stake Rhoda Gregory N.W. corner; thence with East line of road 250 feet to a stake, thence Eastwardly about 210 feet to L & N R.R. right of way; thence with same Southwardly 250 feet to Rhoda Gregory N.E. corner; thence with her line about 210 feet to the BEGINNING.

 There is excepted from this conveyance a parcel or tract of land which was conveyed to Alex Engle, P. Fuson, Rhoda Gregory and Willie Fisher.

The remaining tract which is conveyed by this Deed is a lot fronting Main Street about a hundred feet and running back from Main Street to the L&N Railroad right of way.

 BEING THE SAME PROPERTY conveyed to Peggy Mackey and her husband, John Mackey, by Strawman Deed dated July 9, 2009, and recorded in Deed Book 491, Page 21 of the Whitley County Clerk’s Office. For further source see Deed Book 426, Page 508, and Deed Book 426, 505, and Deed Book 426, Page 502 of 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 (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, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 26th day of August, 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-00792

FIRST STATE FINANCIAL, INC., PLAINTIFF VS: THOMAS A. MEADORS, a/k/a THOMAS MEADORS, a/k/a TOMMY MEADORS and his wife, DONNA MEADORS; ANDY MEADORS and his wife, RAE MEADORS;  JOSEPH L. MEADORS and his wife, CONNIE MEADORS; APEX FUND SERVICES CUSTODIAN FOR C; CITIBANK SOUTH DAKOTA, NA; TAX EASE LIEN SERVICING, LLC; W.D. BRYANT & SON, INC.; TAXCO, LLC; 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 July 8,  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, September 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Thomas A. Meadors and Donna Meadors, plus costs, is as follows:

(1) The sum in the amount of $97,300.14 as of November 22, 2013 plus interest thereon at the rate of $18.202 per day until date of judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

PROPERTY ADDRESS: 3434 East Highway 92, Williamsburg, Kentucky 40769.

MAP #129-00-00-018.00

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

BEGINNING at a stake in the right of way of Highway 92; thence in a northerly direction with a dirt road 225 feet to an iron stake in ditch; thence in an easterly direction 120 feet to an iron stake in a ditch; thence in a southerly direction 225 feet to an iron stake in at the right of way of Highway 92; thence in a westerly direction and with the right of way of Highway 92 back to the BEGINNING, an iron stake.

BEING the same property conveyed to Thomas A. Meadors and wife, Donna Meadors, by deed from Andy Meadors and wife, Rae Meadors, and Joseph L. Meadors and wife, Connie Meadors, dated May 24, 1989 and recorded in Deed Book 335, Page 448 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 Plaintiff or its representative is the purchaser, then, and in that event, they shall only be required to pay court costs and expenses of the sale and 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 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 26th day of August, 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 a subsequent Order entered 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, September 15, 2014, 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 26th day of August, 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-00012

FORCHT BANK, NA, PLAINTIFF, VS. CHARLES WILSON, JR., and his wife, PAMELA WILSON; CHARLES WILSON and his wife, SHARON WILSON; AMERICREDIT FINANCIAL SERVICES; COMMONWEALTH OF KENTUCKY, DIVISION OF UNEMPLOYMENT INSURANCE; 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 June 30, 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, September 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The IN Rem Judgment against the Defendants, Charles Wilson and Sharon Wilson, is for the sale of the real property and is not a personal Judgment against the Defendants, Charles Wilson and Sharon Wilson, and is as follows:

(1) The judgment entered July 1, 2013, in the sum in the amount of $49,168.71 plus costs of sale.

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

BEGINNING on a pin at the North West corner of Siler Cemetery and Pittman corner; thence N-23-W 427 ft. with Pittman line to a pin at a gate at Siler Lane; thence leaving Pittman line and running with Siler Lane S-60-W 558 ft. to a pin at Siler Lane and Cemetery Road; thence leaving Siler Lane and running with Cemetery Road S-88-E 100 ft.; thence S-77-E 100 ft.; thence S-50-E 100 ft.; thence S 37-E-100 ft.; thence S-75-E 75 ft.; thence N 70-E 130 ft. to a stake; thence N-22-W 45 ft. to a stake; thence N-65-E 113 ft. to the BEGINNING.

BEING THE SAME LAND acquired by Mortgagor from Jackie Stonecipher, single, dated November 30, 1998, recorded in Deed Book 405, Page 130 of the Whitley County Court Clerk’s Office. 

Said property address is: 200 Siler Cemetery Road, Williamsburg, Kentucky 40769.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (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, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 26th day of August, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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