Legal Notices for 01/27/10, page 1

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00587

BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P, PLAINTIFF,

VS.             

RONDALL WAYNE ALLEN, DEBRA ALLEN, UNITED STATES OF AMERICA, CAPITAL ONE BANK (USA), N.A., UNKNOWN DEFENDANT, SPOUSE  OF KARON CLARK ON JANUARY 16,1998, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 04, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Rondall Wayne Allen, Debra Allen, United States of America Capital One Bank (USA), N.A. Unknown Defendant, spouse of Karon Clark on January 16, 1998, plus costs, are as follows:

(1) The principal sum in the amount of $55,793.14, plus interest form 12/01/08 in the amount of $3,342.20, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $739.93, plus late charges in the amount of $146.77, plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $61,122.04.

The property to be sold is as follows:

LYING AND BEING IN WHITLEY COUNTY, KENTUCKY, AND DESCRIBED AS FOLLOWS:

Revised Lot no. 219 of Tattersall Trails Estates in Corbin, Whitley County, Kentucky, comprised of a portion of Lot Nos. 218 and 220 as recorded in map Book 3, Page 43, Whitley County Court Clerk’s Office, and as shown on amended plat which has been duly recorded at Map Book 4, Page 76, Whitley County Clerk’s office, and being more particularly described as follows:

Beginning at a pipe in the west line of Forego Trail, said Forego Trail revised to be 40 in width, 40’ westwardly from and parallel to the east line of said Forego Trail, and also being the southeast corner of Lot #220, (as now established); thence S. 7 deg. 45’ W. along the west line of Forego Trail -120.00’ to a pipe, the northeast corner of Lot #218 (as now established); thence N. 81 deg. 21’ W. across Lot #218-220.05’ to a pipe at the northwest corner of Lot #218 (as now established), and in the east line of Tunney Hamlin “Lake” property; thence N. 7 deg. 57’ E. along the east line of said Lake property – 109.20’ to a pipe, the southwest corner of Lot #220 (as established) thence S. 84 deg. 11’ E. along the south line of Lot #220 (as now established) – 220.17’ to the beginning. 

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Book 30, Pages 10-14, Whitley County Court Clerk’s office.

Being the same property conveyed to Rondall Wayne Allen and Debra Allen, husband and wife, by Deed dated August 12, 1998, recorded on August 14, 1998 in Deed Book 402, Page 361 of the Clerk’s Records in Whitley County, Kentucky.

Said property address is:  311 Forego Trail, Corbin, KY 40701.

TERMS OF SALE

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

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) of the purchase price down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00651

BAC HOME LOANS SERVICING, L.P. fka  COUNTRYWIDE HOME LOANS SERVICING, L.P., PLAINTIFF,

VS.              

RONALD J. ERWIN, TABATHA G. ERWIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Ronald J. Erwin and Tabatha G. Erwin, plus costs, are as follows:

(1) The principal sum in the amount of $85,007.69 plus, interest from 03/01/09 in the amount of $3,967.04, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $335.06, plus late charges in the amount of $111.16, plus attorney fees (KRS 411.195) in the amount of $1,150.00 for a total in the amount of $90,570.95.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

A CERTAIN TRACT OF A PARCEL OF LAND LYING IN WHITLEY COUNTY, KENTUCKY, ON CUMBERLAND RIVER, BOUNDED AND DESCRIBED AS FOLLOWS:  BEGINNING AT A X-TIE FENCE POST IN THE R.W. OF RAINS STREET, SAID POST BEING A CORNER BETWEEN ISHAM DAVIS PROPERTY AND THE JOSH RAINS PROPERTY; THENCE WITH THE R.W. OF RAINS STREET N 36 45 E 148.7 FEET TO A POWER POLE; THENCE LEAVING THE R/O/W OF THE SAID RAINS STREET AND N 57 30 W 317 FEET TO A STAKE IN THE ISHAM DAVIS FENCE LINE BEING A 1 FOOT SOUTHWEST OF THE BASE OF A 10” CHERRY TREE; THENCE WITH THE ISHAM DAVIS FENCE LINE S 31 45 E 344.6 FEET TO THE POINT OF BEGINNING.

Property Address:  29 Rains Street, Williamsburg, KY 40769

Said property was conveyed to Ronald J. Erwin and Tabatha G. Erwin, husband and wife, by Denver N. Roberts and Connie Roberts, husband and wife, on August 19, 2008, by a deed recorded on August 25, 2008, in Deed Book 485, Page 458.

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 with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-759

THE BANK OF NEW YORK MELLON,  AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-1,  PLAINTIFF,

VS.

JERRY MAYO aka JERRY G. MAYO aka JERRY GAYLE MAYO, ET AL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jerry Mayo aka Jerry G. Mayo aka Jerry Gayle Mayo, et al, plus costs, are as follows:

(1) The principal sum in the amount of $106,839.16, plus interest on the principal sum at the rate of 8.8% per annum from May 1, 2009 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.

The property to be sold is as follows:

Parcel No.: 138-10-01-080.00

Legal Description:

The Following described Real Estate Situated in Whitley County, Kentucky, and more particularly described as follows:

Being Lot Number Five (5) of the residential development identified as Seven Oaks 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 which has been duly recorded and appears of record in Map Book 4, at page 5 (now Plat File 211), in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

The property identified herein is subject to the terms and provisions of the declaration of restrictions for Seven Oaks Subdivision recorded in Miscellaneous Book 31, at page 385, and said property is also subject to the easements appearing on the plat of Seven Oaks Subdivision referenced above.

Being the same property conveyed to Jerry G. Mayo and Michelle R. Mayo, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Scott Crawford and Linza Crawford, husband and wife, dated July 11, 2000, filed July 19, 2000, recorded in Deed Book 420, Page 112, County Clerk’s Office, Whitley County, Kentucky.

Parcel Number: 138-10-01-080.00

Property Address: 5 Shady Brook Lane, Corbin, KY 40701

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

Commonly known as: 5 Shady Brook Ln, Corbin, KY 40701

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay Ten Percent (10%) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-750

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

LARRY J. BROUGHTON, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Larry J. Broughton, plus costs, are as follows:

(1) The principal sum in the amount of $76,213.81, plus interest from 05/01/09 in the amount of $2,670.86, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,222.22, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $81,206.89.

The property to be sold is as follows:

Exhibit “A”

BEGINNING at an iron pin at the right of way line of Corn Creek Road and right of way lane to Arvis Lawson property; thence with lane and Lawson line S 59° 00’ W 336’ to an iron pin in fence corner common to Lawson and Barton; thence with fence and Lawson line N 69° 00’ W 118’ to a post in fence corner common to Barton and Woodbine Volunteer Fire Department; thence a line common to Woodbine Volunteer Fire Department and Barton N 54° 21’ E 410’ to a post in the right of way line of the Corn Creek Road; thence with the right of way line of the Corn Creek Road S 31° 45’ E 126’ to the beginning corner containing 1.0 acres more or less.  Description from survey by Mark Sweet, R.L.S. 2806.

Being the same property conveyed to Larry J. Broughton from Martha Lynn Logan, single, on November 16, 2006 and recorded on December 1, 2006 in Deed Book 473, Page 566 of the records of the Whitley County Clerk’s Office.

Property Address: 99 South Highway 1064 Woodbine, KY 40771.

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) of the purchase price down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00312

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

MICHAEL TOLLIVER, TRACY TOLLIVER, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Michael Tolliver and Tracy Tolliver, plus costs, are as follows:

(1) The principal sum in the amount of $139,158.59, plus interest from 10/01/08 in the amount of $5,566.34, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $645.65, plus attorneys fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $146,470.58.

The property to be sold is as follows:

Being Lot No. 62 of the Oaklawn Subdivision in the City of Corbin, Kentucky a map or plat of which is duly recorded in Map Book No. 2 page No. 60-B, Whitley county Court Clerk’s Office, Kentucky, to which reference is hereby made for a more full and complete description of said lot.

This conveyance is made subject to all protective and restrictive covenants as set forth in Miscellaneous Record Book No. 27, Page No. 35 Whitley County Court Clerk’s Office.

Being the same property conveyed to Michael Tolliver and his wife Tracy Tolliver from Michael Calloway as grantor by and through his attorney in fact Randy Kelster and his wife Beverly Calloway as grantor by and through her attorney in fact Randy Kelster and recorded in Deed Book 482, Page 100, in the office of the Whitley County Court Clerk’s Office.

Said property address is: 289 Oaklawn Circle, Corbin, Kentucky 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00057

DEUTSCHE BANK NATIONAL TRUST COMPANY,  AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2,  PLAINTIFF,

VS.              

GROVER LYNCH, KIMBERLY LYNCH, COUNTY OF WHITLEY, TAX EASE LIEN INVESTMENTS 1, LLC,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Grover Lynch, Kimberly Lynch, County of Whitley, and Tax Ease Lien Investments 1, LLC, plus costs, are as follows:

(1) The sum in the amount of $71,837.06, plus interest at the rate of 9.10000 percent per annum from August 1, 2008, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

The property to be sold is as follows:

Lying on the Cumberland Falls Highway (U.S. 25W), in the vicinity of the White Oak Baptist Church, Whitley County, Kentucky and

BEGINNING at a survey marker in the northeast right-of-way line of U.S. 25W, said point being a corner common to the Charles Hamlin property; thence leaving the said Hamlin property and with the said U.S. 25W right-of-way N 32 51’ W, 112.99 feet to a survey marker at the southwest end and center of a twenty foot wide roadway easement, said point being the southwest corner of 1,000 acre survey for Joyce Decker; thence leaving the said U.S.  25W right-of-way and with the said Decker line and the said center of the roadway easement N 53 57’ E, 3783.86 feet to a survey marker, said point being a corner of the James F. Davis Heirs property; thence leaving the said Decker property and with the said Davis Heirs line S 47 12’ E, 329.02 feet to a survey marker on the ridge, said point lying in the aforementioned Hamlin property line; thence leaving the said Davis Heirs property and with the said Hamlin line S 79 02’ W, 495.48 feet to the BEGINNING.

Being the same property conveyed to Grover Lynch and Kimberly Lynch, his wife, from Edward Ash and wife, Sara Ash, by Deed dated 12/12/2003, recorded 12/18/2003, Deed Book 449, page 150, Whitley County Clerk’s Records, and being known as 10605 Cumberland Falls Hwy. Corbin, KY 40701.

Said property address is: 10605 Cumberland Falls Hwy. Corbin, KY 40701.

 

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay Ten Percent (10%) of the purchase price down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00073

FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, PLAINTIFF,

VS.

KRISTEN L. PETREY, CARL PETREY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Kristen L Petrey and Carl Petrey, plus costs, are as follows:

(1) The principal sum in the amount of $59,035.43, plus interest from 09/01/08 in the amount of $4,938.01, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,980.77, plus late charges in the amount of $157.68, plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $67,211.89.

The property to be sold is as follows:

A certain tract or parcel of land lying in Corbin, Whitley County, Kentucky located at the Southwest intersection of 16th street and McKinley Avenue (site address; 401 16th street, Corbin, Kentucky 40701), said tract or parcel of land is ALL of the same land conveyed to Anita Coates, a single person, by Denver Mays and Deirdre Mays, husband and wife, in Deed Book 431, page 457, dated December 13, 2001 and is more particularly described as follows.

Beginning on a survey marker set the survey at the Southwest right of way intersection of 16th street and McKinley Avenue, said survey marker located S 53 degrees 07’ 30” W, 35.72 feet from a fire hydrant; Thence leaving the right of way line of said 16th Street and with the Western right of way line of said McKinley Avenue S 28 degrees 00’ 00” E, 92.50 feet to a survey marker set this survey in the Western right of way line of said McKinley Avenue, said survey marker is also located on the Southeast side of a private driveway (gravel and asphalt surface) leading to subject property, said survey marker is also a property corner common to Julia Hall, Deed Book 272, Page 51, dated January 5, 1978; Thence leaving the right of way line of said McKinley Avenue and with the boundary line of said Hall S 62 degrees 56’ 39” W, 99.05 feet to a survey marker set this survey near the South corner of a garage, said survey marker being located N 29 degrees 03’ 10” W, 53.55 feet from a found set stone located at the base of an iron fence post, said stone being the corner of the parent tract, said survey marker set this survey is property corner common to said Hall and is also a property corner common to Less Jackson and Edna Jackson (hub. And Wf.), Deed Book 225, page 207, dated January 31, 1968; Thence leaving the boundary line of said Hall and with the boundary line of said Jackson N 29 degrees 03’ 10” W, 89.20 feet to a survey marker set this survey in the Southern right of way line of said 16th Street, said survey marker being a property corner common to said Jackson, said survey marker is located S 28 degrees 57’ 30” E. 20.00 feet from the centerline of said 16th Street, said survey marker is also located N 60 degrees 59’ 10” E. 50.69 feet from a found ¾” tall iron rod, said tall iron rod being the Northwest corner of the said Jackson property (deed book 225, page 207); Thence leaving the boundary line of said Jackson and with the Southern right of way line of said 16th Street N 61 degrees 02’ 30” E. 100.69 feet to the beginning property corner, containing 0.21 acres.

Being the same property conveyed to Carl Petrey and Kristen L. Petrey, husband and wife, from Anitra Coates, a single person, on February 27, 2007 and recorded on March 6, 2007 in Deed Book 475, Page 387 of the records of the Whitley County Clerk’s Office. 

Said property address is:  401 16th Street, Corbin, KY 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00674

GMAC MORTGAGE, LLC, PLAINTIFF,

VS.              

PATRICIA A. CARION, ET AL,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Patricia A. Carion, et al., plus costs, are as follows:

(1) The principal sum in the amount of $90,369.00, plus interest on the principal sum at the rate of 7.5% per annum from March 1, 2009 until paid, plus 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.

The property to be sold is as follows:

EXHIBIT “A”

Parcel No.: 084-40-01-085.00

084-40-01-085.00

Legal Description:

Situated in the City of Corbin, County of Whitley, and State of Kentucky, to wit:

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

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

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

Commonly known as: 54 Bold Ruler Trail, Corbin, KY 40701.

Parcel No. 084-40-01-085.00

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

Commonly known as: 54 Bold Ruler Trail, Corbin, KY 40701.

TERMS OF SALE

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

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%) Ten Percent of the bid amount down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00775

GREEN TREE SERVICING, LLC, ASSIGNEE OF TAMMAC HOUSING CORP., PLAINTIFF,

VS.

THOMAS GRAY, WENDY GRAY, FIRST FINANCIAL CREDIT, INC.,  CENTRAL FINANCIAL SERVICES, INC., AND US BANK-CUSTODIAN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Thomas Gray, Wendy Gray, First Financial Credit, Inc., Central Financial Services, Inc. and US Bank-Custodian, plus costs, are as follows:

(1) The sum in the amount of $79,767.38 with interest thereon at the contract rate of 10.04% from October 1, 2009, until the date of entry hereof, and thereafter at the contract rate, until paid.

The property to be sold is as follows:

Exhibit “A”

A certain tract or parcel of land lying in Whitley County, Kentucky, on Clear Fork River, and being the same land conveyed to Wendell L. Stevens and wife, Sarah Stevens by Luther E. Rowe and wife Fannie Rowe, by deed dated September 25, 1980, which is duly recorded in Deed Book 286, page 389-398, and sec. deed from Sarah Stevens to Wendell L. Stevens, by deed dated April 22, 1992, which is duly recorded in Deed Book 358, page 400-402, Whitley County Court Clerk’s Office, containing 1 acre more or less, and bounded and described as follows, vis:

TRACT NO. III BEGINNING on a set stone at the edge of old railroad right of way; thence running North 426 feet with the meanders of a branch to a rock culvert at edge of old county road; thence West 98 feet to a stone corner, thence running South 240 feet with the meanders of the hill to a stone; thence running further South 160 feet to a set stone at the edge of the old railroad right of way; thence East with said right of way 150 feet to the point of BEGINNING.

Being the same property Thomas Gray and wife Wendy Gray obtained title to by deed dated 3-28-07 executed by Bobby Joe Osborne and wife Ruth Osborne of record in DB 476, at Pg. 188 in the Whitley County Clerk’s Office.

Being the same property Bobby Joe Osborne and wife Ruth Osborne obtained title to by deed dated June 27th 1996, executed by Wendell L. Stevens and wife Margaret Faye Stevens of record in DB386. at pg. 368 in the Whitley County Clerk’s Office.

ALSO included along with the property is a 1997 Champion mobile home Serial No. 54979019543AB.

Said property address is: 3186 Hwy. 1804, 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 Ten Percent (10%) of the purchase price down with the balance in 45 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-00660

KEY BANK NATIONAL ASSOCIATION, PLAINTIFF,

VS.

TAMMY SAYLOR, TERRY SAYLOR A/K/A TERRY DEWAYNE SAYLOR, US BANK CUSTODIAN SASS MUNI V DTR, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Tammy Saylor, Terry Saylor a/k/a Terry Dewayne Saylor, and US Bank Custodian Sass Muni V DTR, plus costs, are as follows:

(1) The sum in the amount of $65,423.81, plus interest at the rate of 7.85000 percent per annum from December 8, 2008, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

The property to be sold is as follows:

BEGINNING at a metal stake on a hill in Hembree property; thence a straight line to willow in the edge of Poplar Creek; thence running with the creek; thence running with the creek to the King line; thence running with Hembree & King line to a maple on the bluff; thence running to a metal stake on the side of a hill; thence to point of Beginning.

Being the same property conveyed to Tammy Saylor and husband, Terry Saylor, from Dean King and wife, Alma King, by Deed dated 07/02/1997, recorded 07/11/1997, Deed Book 393, page 701, Whitley County Clerk’s Records, and being known as 16299 Highway 92 East, Siler, KY 40763.

Said property address is: 16299 Highway 92 East, Siler, KY 40763.

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%) of the purchase price down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-551

 

KENTUCKY HOUSING CORPORATION, PLAINTIFF,

VS.

BARBARA WILLIAMS, UNKNOWN DEFENDANTS, HEIRS AND SPOUSES OF HEIRS AT LAW TO THE ESTATE OF LAWRENCE WILLIAMS, UNKNOWN DEFENDANTS, ANY PERSON OR ENTITY WHO MAYBE CLAIMING AN INTEREST THE PROPERTY/WHICH IS THE SUBJECT OF THIS LAWSUIT, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE   

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 7, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Barbara Williams, Unknown Defendants, Heirs and Spouses of Heirs at Law to the Estate of Lawrence Williams, plus costs, are as follows:

(1) The principal sum in the amount of $49,037.25, plus interest on item a at the rate of 4.00% per annum from January 1, 2009 until paid, plus its costs herein expended.  Said property is located in Whitley County, Kentucky, and more particularly described as follows:

EXHIBIT “A”

This is the same document referenced as “Exhibit A” in that certain real estate mortgage dated September 30, 1997 and executed by Lawrence Williams, an unmarried adult individual, as mortgagor, in favor of Tri-County Mortgage Company, Inc., as mortgagee.  The real property identified below is the same property intended to be encumbered by said mortgage and referenced therein as being described in “Exhibit A annexed hereto”.

BEGINNING at the stake in the south edge of Earls Street; thence in a southern direction with the adjoining property owner’s line 130 feet to a stake; thence in an eastern direction 100 feet to a stake; thence with adjoining property owner’s line in a northern direction 130 feet to a stake at the edge of Earls Street; thence with the southern line of Earl Street in a western direction about 100 feet to the point of beginning.

BEING ALL OF THE SAME LAND acquired by Lawrence Williams by deed of conveyance from Ronald L. Bowling and Donna R. Bowling, husband and wife, dated September 30, 1997 and recorded in Deed Book 396, at page 63, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

Said property address is:  122 S. Earls Avenue, Corbin, Kentucky 40701.

 

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay Ten Percent (10%) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this15th day of January, 2010.

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. 09-CI-457

FORCHT BANK, NA, PLAINTIFF,

VS.

RONALD TROXTELL, JR., and his wife, EDNA TROXTELL; WHITLEY COUNTY, KENTUCKY; and PULASKI COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 14, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 15, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Ronald Troxtell, Jr., and Edna Troxtell, plus costs, are as follows:

(1) The principal sum in the amount of $18,032.95, as of December 3, 2009, plus interest at the rate of 14% per annum until paid.

The property to be sold is as follows:

DEED I

BEING  a lot on Little Cane Creek, facing upon the Louis Strunk Road 160 feet and back 250 feet to said Creek, thence with the creek 160 feet; thence 250 feet back to the Strunk Road.

BEING THE SAME LAND acquired by Mortgagor by deed from Gary Brown and his wife, Peggy Brown, dated December 10, 2007 and recorded in Deed Book 482, Page 275 of the Whitley County Court Clerk’s Office.

The parties’ liens shall attach as follows:

WHITLEY COUNTY PROPERTY

1) Whitley County, Kentucky – Property taxes;

2) Forcht Bank, NA – Mortgage lien.

Said property address is:  706 Lewis Strunk 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 Ten Percent (10%) of the purchase price down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 22nd day of January, 2010.

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-00951

CITIMORTGAGE, INC., PLAINTIFF,

VS.   

MICHAEL TODD NORRIS aka MICHAEL T. NORRIS, ET AL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 14, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 15, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Michael Todd Norris aka Michael T. Norris, et al., plus costs, are as follows:

(1) The principal sum in the amount of 127,620.41, plus interest on the principal sum at the rate of 8.62% per annum from September 1, 2008 until paid, plus costs and fees of this action, plus reimbursement for attorney fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

The property to be sold is as follows:

Parcel No.: 038-00-00-004.01

Legal Description:

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

A certain tract or parcel of land lying and being on Kentucky State Highway 90, approximately 1.95 miles Southwest of its junction with U.S. Highway 25 W, in the County of Whitley, State of Kentucky and bounded and described as follows to-wit:

Beginning at a steel rebar set, 35 feet Northwest of centerline Kentucky State Highway 90, a corner to the Cindy and Bruce Tarter reserve parcel, D.B. 431, Pg. 92, and from which a found ½” steel pipe, 35 feet Northwest of centerline said Kentucky State Highway 90, a corner to said Tarter and John McKinley Rains Jr., Margaret Julia Longstreth and Dewey Woodson Rains, D.B. 278, Pg 432, bears, N 64-29-32 E, 290.00 feet, and also from which a found U.S. C.G.S. Bench Mark, a concrete monument with a 3 1/2’ brass cap stamped Z-204, 1950, Elev. 1239.512 bears, S 59-40-28 W, 1.75 feet, thence leaving said Tarter reserve parcel and parallel to the centerline of said Kentucky State Highway 90, S 64-29-32 W, 264.75 feet to a steel rebar set, 20 feet Northeast of centerline drive entrance, a corner to said Cindy and Bruce Tarter reserve parcel, and from which a found ¾”steel pipe, 35 feet Northwest of centerline said Kentucky State Highway 90 bears S 64-29-32 W, 219.00 feet, thence leaving said Kentucky State Highway 90 and severing the land of said Tarter with all new lines, N 25-38-25 W, 116.05 feet to a steel rebar set, thence N 08-54-59 E, 181.65 feet to a steel rebar set, thence S 89-58-02 E, 179.64 feet to a steel rebar set, thence S 08-40-10 E, 44.07 feet to a steel rebar set, thence S 88-59-23 E, 29.38 feet to a steel rebar set, thence S 19-48-43 E, 133.80 feet to the Place of Beginning and containing one and thirty-one hundredths (1.31) acres more or less, with all bearings referred to the 2002 magnetic meridian, as observed on May 23, 2002 by Peters Land Surveying, and all steel rebars set being 5/8” x 20” with yellow plastic caps stamped RSP, PLS 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Licensed Professional Lands Surveyor, 2776, on April 14, 2006.

The above described parcel of land maybe subject to recorded or unrecorded rights of ways or easements which are not shown or described by this Boundary Survey.

Being the same property conveyed to Michael Todd Norris, single, by virtue of a deed from Cindy Tarter and her husband Bruce Tarter, dated May 3, 2006, filed May 5, 2006, recorded in Deed Book 469, Page 41, County Clerk’s Office, Corbin County, Kentucky.

Parcel # 038-00-00-004.01

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

Commonly known as:  2010 Highway 90, Corbin, KY 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may make a cash deposit of the sum of Ten Percent (10%) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 22nd day of January, 2010.

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. 09-CI-00764

BENEFICIAL KENTUCKY, INC, PLAINTIFF,

VS.

BRUCE TARTER AKA BRUCE ERIC TARTER; CINDY TARTER AKA CINDY GAYLE TARTER; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 14, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 15, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Bruce Tarter aka Bruce Eric Tarter, Cindy Tarter aka Cindy Gale Tarter, Commonwealth of Kentucky, County of Whitley, plus costs, are as follows:

(1) The principal sum in the amount of $342,985.10, together with accrued interest thereon at the current note rate of 10.29% per annum starting from October 27, 2008, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus Plaintiff’s attorney fees of at least $2,500.00, pursuant to KRS 411.195. 

The property to be sold is as follows:

Beginning on US Government Corner #11, TR 1404; thence along Government line North 56 degrees 15’ East, a distance of 45.51 feet to a line between Cecie Rose property and McKinley Rains and T.E. Rains property; thence along said line North 28 degrees 28’ 22” East, a distance of 52.21 feet to an iron pin, T.E. Rains line; thence along T.E. Rains’ line North 87 degrees 06’ 40” East, a distance of 166.28 feet to an iron pin along R/W of Ky. 90; thence North 74 degrees 47’ 11” East, a distance of 95.04 feet to an iron pin; thence North 64 degrees 44’ 41” East, a distance of 774.83 feet to an iron pin, the true point of beginning.

Beginning at an iron pin 35 feet off the centerline of Ky. 90 and the southwest corner of the McKinley Rains property; thence running with the R/W of Ky. 90 South 64 degrees 44’ 41” West, a distance of 774.83 feet to an iron pin in the R/W of Ky. 90; thence South 74 degrees 47’ 11” West, a distance of 95.44 feet to an iron pin in the R/W of Ky. 90; thence South 87 degrees 06’ 40” West, a distance of 166.28 feet to an iron in the R/W of Ky. 90; thence leaving the R/W of Ky. 90 North 28 degrees 28’ 22” East, a distance of 942.12 feet to an iron pin in the McKinley Rains line South 67 degrees, 57’ 52” East a distance of 372.81 feet to an existing fence post; thence South 26 degrees 46’ 39” East, a distance of 363.41 feet to the Point of beginning.

Containing 9.01 acres, Plat No. 349. Field Book No. 10, April 1980.

Less and Except from:

A certain tract or parcel of land lying and being on Kentucky State Highway 90, approximately 1.95 miles Southwest of its junction with U.S. Highway 25W, in the County of Whitley, State of Kentucky and bounded and described as follows to-wit:

Beginning at a steel rebar set, 35 feet Northwest of centerline Kentucky State Highway 90, a corner to the Cindy and Bruce Tarter reserve parcel, D.B. 431, Pg.92, and from which a found ½” steel pipe, 35 feet Northwest of centerline said Kentucky State Highway 90, a corner to said Tarter and John McKinley Rains Jr., Margaret Julia Longstreth and Dewey Woodson Rains, D.B. 278, Pg 432, bears, N 64-29-32 E, 290.00 feet, and also from which a found U.S.C. &  G.S. Bench Mark, a concrete monument with a 3 1/2’ brass cap stamped Z-204, 1950, Elev. 1239.512 bears, S 59-40-28 W, 1.75 feet, thence leaving said Tarter reserve parcel and parallel to the centerline of said Kentucky State Highway 90, S 64-29-32 W, 264.75 feet to a steel rebar set, 20 feet Northeast of centerline drive entrance, a corner to said Cindy and Bruce tartar reserve parcel, and from which a found 3/4” steel pipe, 35 feet Northwest of centerline said Kentucky State Highway 90 bears S 64-29-32 W, 219.00 feet, thence leaving said Kentucky State Highway 90 and severing the land of said Tartar with all new lines, N 25-38-25 W, 116.05 feet to a steel rebar set, thence N 08-54-59 E, 181.65 feet to a steel rebar set, thence S 89-58-02 e, 179.64 feet to a steel rebar set, thence S 08-40-10 E, 44.07 feet to a steel rebar set, thence S 88-59-23 E, 29.38 feet to a steel rebar set, thence S. 19-48-43 E, 133.80 feet to the Place of Beginning and containing one and thirty-one hundredths (1.31) acres more or less, with all bearings referred to the 2002 magnetic meridian, as observed on May 23, 2002 by Peters Land Surveying, and all steel rebars set being 5/8” x 20”  with yellow plastic caps stamped RSP, PLS 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Licensed Professional Land Surveyor, 2776, on April 14, 2006.

The above described parcel of land maybe subject to recorded or unrecorded rights of ways or easements which are not shown or described by this Boundary Survey.

This being the same property conveyed to Michael Todd Norris, a single person, by deed dated May 3, 2006, of record in Deed Book 469, at Page 41, in the Office of the Whitley County Clerk.

Less and Except from:

A certain tract or parcel of land, lying and being on Kentucky State Highway 90, approximately 2.0 miles Southwest of its junction with U.S. Highway 25W, in the County of Whitley, State of Kentucky and bounded and described as follows to wit:

Beginning at a steel rebar found, 35 feet Northwest of centerline Kentucky State Highway 90, 20 feet Northeast of centerline drive entrance, a corner to Michael Todd Norris, D.B. 469, Pg. 41, thence leaving said Norris and parallel to the centerline of said Kentucky State Highway 90, S 64-29-34W, 219.00 feet to a ¾” steel pipe found, thence S 74-44-58 W, 95.05 feet to a 3/4” steel pipe found, thence 87-40-46 W, 166.94 feet to a steel rebar set, a corner to Cecie Rose, D.B. 165, g. 527, now or formerly, and from which a 1 ¾” Alum. Pipe found with a 3” Alum. Cap stamped Cor, 11, Tr. 1404, LS 1857, 1978, the same being Corner 11 of U.S.A. Tract 1404, bears S 09-38-19 E, 72.35 feet, thence leaving said Kentucky State Highway 90 and with said Rose, N 28-19-10 E, 189.87 feet to a ½” steel rebar found, (no cap) 11 feet Southeast of barbed wire fence, thence N 28-07-39 E, 200.24 feet to a ½” steel rebar found, (no cap) 12 feet Southeast of aid barbed wire fence, thence N 28-24-12 E, 99.98 feet to a ½” steel rebar found, (no cap) a corner to the Cindy and Bruce Tarter reserve parcel, D.B. 431, Pg. 92, thence leaving said Rose and severing the land of said Tarter a new line, S 83-54-50 E, 203.27 feet to a steel rebar found, a corner to the aforementioned Norris, thence leaving said Tarter reserve parcel and with lines of said Norris, S 08-54-59 W, 181.65 feet to a steel rebar found, thence S 25-38-25 E, 116.05 feet to the Place of Beginning and containing two and sixty-nine hundredths (2.69) acres more or less, with all bearings referred to the 2002 magnetic meridian, as observed on My 23, 2002, by Peters Land Surveying, and all steel rebars set and found being 5/8” x 20” with yellow plastic cap stamped RSP, PLS 2776, unless otherwise noted, all according to a survey by Peters Land Surveying, Ralph S. Peters, Licensed Professional Land Surveyor, 2776, on June 12, 2006 and September 2, 2007.

The above described parcel of land maybe subject to recorded or unrecorded rights of ways or easements which are not shown or described by this Boundary Survey.

This being the same property conveyed to Michael Tucker and Lisa Tucker, husband and wife, by deed dated September 19, 2007, of record in Deed Book 479, at Page 438, in the Office of the Whitley County Clerk.

Less and Except from:

A certain tract or parcel of land, lying and being approximately 300 feet Northwest of Kentucky State Highway 90, and approximately 2.0 miles Southwest of the junction of Kentucky State Highway 90 and U S Highway 25W, in the County of Whitley, State of Kentucky and bounded and described as follows to-wit:

Beginning at a 5/8” steel rebar found, with a yellow plastic cap stamped RSP, PLS 2776, a corner to Michael and Lisa Tucker, D.B. 479, Pg. 438, and Michael Todd Norris, D.B. 469, Pg. 41, and the Cindy and Bruce Tartar reserve parcel, D.B. 431, Pg. 92, thence leaving the Cindy and Bruce Tartar reserve parcel and Michael Todd Norris, and with a line of said Michael and Lisa Tucker, N 83-54-50 W, 203.27 feet to a ½” steel rebar found, (no cap) a corner to Cecie Rose, D.B. 165, Pg. 527, now or formerly, thence leaving said Michael and Lisa Tucker and with lines of said Cecie Rose, N 28-25-30 E, 105.92 feet to a ½” steel rebar found, with orange plastic cap stamped, H.S., 3301, thence N 28-24-47 E, 61.91 feet to a steel rebar set, a corner to the Cindy and Bruce Tartar reserve parcel, thence leaving said Cesie Rose and severing the land of said Cindy and Bruce Tartar a new line, S 35-51-18 E, 208.68 feet to the Place of Beginning and containing thirty-six hundredths (0.36) acres more or less, with all bearings referred to the 2002 magnetic meridian as observed on May 23, 2002, by Peters Land Surveying, and all steel rebars set being 5/8” x 20” with yellow plastic caps stamped RSP, PLS 2776, all according to a survey by Peters Land Surveying,. Ralph S. Peters, Licensed Professional Land Surveyor, 2776, on June 12, 2006, September 4, 2007, and June 6, 2008.

The above described parcel of land maybe subject to recorded or unrecorded rights of ways or easements which are not shown or described by this Boundary Survey.

This being the same property conveyed to Michael Tucker and Lisa Tucker, husband and wife, by deed dated June 26, 2008, of record in Deed Book 485, at Page 518, in the Office of the Whitley County Clerk.

This being part of the same property conveyed to Cindy Tarter and Bruce Tarter, wife and husband, by deed dated November 9, 2001, of record in Deed Book 431, at Page 92, in the Office of the Whitley County Clerk.

Said property address is: 1992 Highway 90, Corbin, Kentucky 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay Ten Percent (10%) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 22nd day of January, 2010.

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. 07-CI-00269

ANNIE G. LAWSON, PLAINTIFF,

VS.

RICKY CROLEY, et al, DEFENDANT.  

NOTICE OF COMMISSIONER’S SALE

(1) Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 4, 2009, and subsequent Amended Judgment and Order of Sale entered September 14, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 15, 2010, at 12:00 p.m., or thereabout, the real property described as follows:

TRACT ONE: All points that are identified as an iron pin are a ½” rebar with cap stamped 2681 and were found during the course of the survey conducted by Claude Cox in 2006.  All points referred to as rebars are ½” x 18” rebars with cap stamped 1971 and were set during the survey conducted by Claude Cox in 2006.

Commencing, for reference, at the railroad spike in the intersection of Fate Lane and Keswick Road, a durable physical feature, thence N 18 degrees 54’ 56” W, 75.71’ to a ½” x 18” rebar with cap stamped 1971, set this survey, the point of beginning of this parcel.  Thence along the railroad right of way N. 46 degrees 59’ 31” W. for 769.80’ to an iron pin, corner of cemetery and the railroad right of way and this parcel; thence S. 49 degrees 10’ 41” W. for 894.49’ to a 1” x 36” solid round bar set in the center of the ford of Cane Creek on this line; thence S. 58 degrees 58’ 02” W. for 563.15’ to an iron pin, which is set next to a tree in a fence row on the left, or easterly, side of the branch; thence, with the branch, as evidenced by a pinned fence row, S. 47 degrees 38’ 55” W. for 427.94’ to an iron pin; thence S. 44 degrees 36’ 49” W. for 115.01 feet to an iron pin; thence S. 53 degrees 34’ 40” W. for 88.61’ to an iron pin; thence leaving the branch, and up the hill with the fenced line, N. 86 degrees 34’ 22” W. for 83.15’ to an iron pin; thence N. 69 degrees 28’ 24” W. for 194.61’ to an iron pin; thence N. 75 degrees 48’ 13” W. for 162.85’ to an iron pin on top of the sand rock (which from this pint bears N. 62 degrees 25’ 21” W. for 287.65’); thence N. 26 degrees 40’ 15” East for 389.03’ to an iron pin; thence N. 12 degrees 25’ 39” W. for 74.85’ to an Oak tree; thence N. 10 degrees 58’ 55” W. for 68.25’ to a 15” Beech; thence N. 07 degrees 04’ 36” E. for 113.88’ to an iron pin; thence N. 11 degrees 43’ 51” E. for 69.93’ to a 9” Maple; thence M. 15 degrees 56’ 39” E. for 89.36 feet to an iron pin; thence N. 18 degrees 36’ 38” E. for 142.64’ to a 24” Hickory; thence N. 12 degrees 27’ 45” E. for 81.28’ to an iron pin; thence N. 22 degrees 40’ 51” E. for 128.02’ to an iron pin; thence N. 18 degrees 05’ 29” E. for 151.42’ to an iron pin; thence S. 47 degrees 27’ 01” W. for 171.75’ to a rebar (hereafter all points referred to as rebars are ½” x 18” rebar with cap stamped 1971, set during the course of the survey); thence S. 40 degrees 57’ 40” W. for 157.82’ to a rebar; thence S. 49 degrees 24’ 40” W. for 118.04’ to a rebar; thence S. 58 degrees 43’ 40” W. for 107.71; to a rebar; thence S. 66 degrees 56’ W. for 119.21’ to a rebar; thence S. 22 degrees 11’ 20” W. for 311.75’ to a rebar; thence S. 12 degrees 17’ 40” E. for 162.14’ to a rebar; thence S. 07 degrees 44’ 20” E. for 100.98’ to a rebar; thence S. 09 degrees 02’ 28” W. for 138.37’ to a rebar on top of the sand rock (said point referred to above); thence S. 20 degrees 46’ 09” W. for 425.82’ to a point on the ridge; thence S. 22 degrees 27’ 50” W. for 303.17’ to a ½” open top iron pipe found (hereinafter all trees used as points on the ridge top are identified by size and species, and are marked with two hacks per tree); thence S. 61 degrees 15’ 02” E. for 300.61’ to a 21” Hickory; thence S. 77 degrees 12’ 29” E. For 344.29’ to a 30” White Oak; thence N. 73 degrees 18’ 01” E. for 177.33’ to a ½” open top iron pipe found; thence N. 77 degrees 46’ 46” E. for 460.71’ to an iron pipe stamped 1971; thence S. 86 degrees 18’ 33” E. for 102.35’ to a 15” Hickory; thence S. 67 degrees 03’ 01” E. for 138.85’ to a 12” Hickory; thence S. 79 degrees 22’ 54” E. for 327.24’ to a 30” Maple; thence N. 75 degrees 20’ 37” E. for 290.37’ to a rebar set beside a found field stone, corner with Anderson; thence with line of Anderson, N. 27 degrees 33’ 57” E. for 178.65’ to a 30” 3 hacked Black Oak; thence N. 14 degrees 56’ 58” E. for 394.56’ to a fence post; thence N. 17 degrees 33’ 35” E. for 378.96 to a rebar at fence post, corner with Anderson, at the foot of the hill; thence with Anderson’s fence, S. 76 degrees 11’ 56” E. for 299.83 to a point at the end of fence; thence S. 40 degrees 24’ 55” E. for 285.54 to a 36” Sycamore; thence with the southerly line of the Anderson Drive, around and with the foot of the hill, N. 75 degrees 27’ 25” E. for 36.01’; thence N. 75 degrees 17’ 41” E. for 47.54’; thence N. 83 degrees 19’ 49” E. for 49.57’; thence S. 77 degrees 14’ 08” E. for 52.60’; thence S. 58 degrees 28’ 18” E. for 52.98’; thence S. 47 degrees 26’ 10” E. for 44.50 feet; thence S. 44 degrees 11’ 12” E. for 55.42’; thence S. 48 degrees 11’ 31” East for 59.13’; thence S. 78 degrees 45’ 56” E. to intersection with Fate Lane; thence N. 04 degrees 24’ 24” W. for 823.37’ to point of beginning; containing 71.72 acres more or less based on random Traverse survey performed under the supervision of Claude Cox, PLS # 1971, in 2006.

Being the same property conveyed to Mary Jane (Lawson) Chambers from Linza Lawson and wife, Minnie Lawson, by deed dated March 22, 1938, and recorded in Deed Book 138, Page 452 in the Office of the Whitley County Court Clerk.

TERMS OF SALE

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have effect of a Judgment.

2. 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 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.

(2). Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 4, 2009, and subsequent Amended Judgment and Order of Sale entered September 14, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 8, 2009, at 12:00 p.m., or thereabout, the real property described as follows:

TRACT TWO: All points referred to as rebars are ½” x 18” rebars with cap stamped 1971 and have been set this survey.

Commencing for reference at the railroad spike in the intersection of Fate Lane and Keswick Road, a durable physical feature, also a corner on the parent tract, thence N. 18 degrees 54’ 56 W. 75.71’ to a ½” x 18” rebar with cap stamped 1971, set this survey, the point of beginning of this parcel; thence N. 00 degrees 44’ 58” E. for 412.11’ to a rebar; thence N. 78 degrees 57’ 45” W. for 114.52’ to a tri-12” Sweet Gum with rebar driven in its roots; thence S. 22 degrees 05’ 44” W. for 365.28’ to a rebar set in the line of the railroad right of way which is now access to the Mary J. Lawson-Chambers Cemetery; thence S. 69 degrees 42’ 09” E. for 291.99’ to the point of beginning; containing 1.90 acres more or less based upon a survey by Claude Cox, PLS # 1971 dated November 2, 2006.

Being a part of the same property conveyed to George W. Lawson and his wife, Mary Jane Lawson, from H.L. Lawson and wife, Ellen Lawson, by deed dated November 20, 1919, and recorded in Deed Book 92, Page 504 in the Office of the Whitley County Court Clerk.

TERMS OF SALE

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have effect of a Judgment.

2. 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 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.

Parties shall take notice that the Court has valid costs, totaling $6,959.15, incurred by the Petitioner in bringing this action and one-half is to be paid out of the proceeds of each tract.  The costs are as follows: Warning Order Attorney fees in the amount of $749.21, filing costs & fees for service of process in the amount of $457.94, survey costs in the amount of $4,175.00, and attorney retainer fees in the amount of $1,577.00.

Dated this 22nd day of January, 2010.

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. 09-CI-00292

L&N FEDERAL CREDIT UNION, PLAINTIFF,

VS.

MELISSA A. HELTON, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 9, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, February 15, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Melissa A. Helton , plus costs, are as follows:

(1) The sum in the amount of $49,527.64 plus interest on the principal balance of $47,798.64 at the contract rate of 6.325% per annum from February 18, 2009 until paid, together with the plaintiff’s costs herein expended including attorney fees in an amount to be determined by the Court in further proceedings herein.

(2) The sum in the amount of $10,195.42 plus interest on the principal balance of $9,722.29 at the contract rate of 12.25% per annum from February 18, 2009 until paid.

The property to be sold is as follows:

DEED ONE:

BEGINNING at John Westerfield corner on Bishop Street, running with Bishop Street 100 feet West to a stake; northwest 55 feet with Bishop Street to McCall’s corner, running 81 feet East with McCalls line to John Westerfield line, thence 81 feet south with John Westerfield line to the BEGINNING at Bishop Street.

DEED TWO:

BEGINNING on a set stone, Nathan Shore’s and Gillis Goff’s corner; thence northward 80 feet to a stone corner; thence westward 77 ½ feet to an oak; Jake Turner’s corner; thence Southward 79 feet to a stone at the street; thence Eastward with the street 77 ½ feet to the BEGINNING.

Second Tract:

BEGINNING on a black gum, W.E. Morgan’s corner; thence S 3 E 21.9 feet to Morgan’s and Goff’s corner; thence E about 3 poles to Adkin’s line; thence N 3 E with the Corner Town Company’s line to a corner of William McDaniel’s; thence west with conditional line of William McDaniels to the BEGINNING.

But there is excepted from the foregoing the portions thereof conveyed to James Goff by deed dated October 26, 1955 and which is duly recorded in Deed Book 189, at page 137, Whitley County Clerk’s office, and to James Goff by deed bearing dated April 17, 1948, which is duly recoded in Deed Book 172, at page 534, in the clerk’s office aforesaid.

The foregoing property was resurveyed on December 30, 1986 by Bill Ed Cannon, KY. L.S. # 2130, as follows:

BEGINNING at a car axle in the north line of Bishop Street.  Said axle being a southeast corner of property belonging to the Doctors Park being presently occupied with a parking lot; thence leaving the north line of Bishop Street, N 01 degrees 44 minutes 19 seconds E, with the East line of the Doctors Park and others, 171.33 feet to an iron pipe at the location of an old fence post corner; thence N 23 degrees 17 minutes 55 seconds E 51.21 feet to an iron pipe in a south line of the Robinson property; thence leaving the lines of Doctors Park and others, S 80 degrees 08 minutes 54 seconds E, with a south line of the Robinson property, 64.00 feet to an iron pipe in the west line of a 30 feet road; thence continuing with the West line of said 30 foot road; S 05 degrees 22 minutes 46 seconds W, 215.30 feet to the north line of Bishop Street; thence leaving the West line of a 30 foot Road, N 84 degrees 08 minutes 11 seconds W, with the North line of Bishop Street, 68.68 feet to the BEGINNING CORNER.

BEING ALL THE SAME LAND acquired by Melissa A. Helton by deed of conveyance from Vernon Earls and Brenda Earls, husband and wife, dated June 23, 2003 and recorded in Deed Book 444, at page 584, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

Said property address is:  202 Bishop Street, Corbin, 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 10% (ten-percent) down with the balance in 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 22nd day of January, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

 

INVITATION TO BID

Whitley County has been awarded a grant from the Energy and Environment Cabinet, Division of Waste Management, for the purpose of cleaning illegal dumpsites within the county. The dumps will be removed under the direction of the Whitley County Fiscal Court.

Bid proposals and any additional information can be obtained at the Whitley County Judge/Executive’s Office, Whitley County Courthouse, 210 Main Street, Williamsburg, Kentucky, (606) 549-6000, during regular business hours. The proposals will also be posted on the Whitley County Fiscal Court website: http://www.whitleycountyfiscalcourt.com/news.asp

There will be a pre-bid meeting at 9:00 a.m., Tuesday, February 9, 2010, in the Whitley County Fiscal Courtroom. All bidders are required to attend the pre-bid meeting. Sealed proposals will be accepted until 2:00 p.m., February 15, 2010, at which time the bids will be opened and read aloud. The contract will be awarded during the Whitley County Fiscal Court meeting at 6:00 p.m., February 16, 2010. PRINT (Dump Cleanup) on the front of the envelope.

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

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

Whitley County reserves the right to waive any informality and may reject any and all bids. Whitley County reserves the right to award bids based upon availability, service and in the best interest for the public safety for the citizens of the County. Whitley County is an Equal Opportunity Employer

 

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2009-2010, to include unanticipated receipts increasing/decreasing from the following fund, General Fund in the amount of $327,387.00 and increasing/decreasing expenditures in the General Fund in the amount of $327,387.00 will be held on 02/16/10 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge executive

 

 

INVITATION TO BID

The Whitley County E-911 is currently seeking bids on a Computer Aided Dispatch (CAD) & GIS Map Viewing system to be installed at the Whitley County E-911 dispatch center and the City of Corbin dispatch center. Bid specifications and any additional information can be obtained at the Whitley County Judge/Executive’s Office, Whitley County Courthouse, 210 Main Street, Williamsburg, KY, (606) 549-6000, during regular business hours. The bid specifications will also be posted on the Whitley County Fiscal Court website: http://www.whitley
countyfiscalcourt.com/news.asp.

Sealed bids will be accepted until 1:00 p.m., February 15, 2010, at which time the bids will be opened and read aloud. The contract will be awarded during the Whitley County Fiscal Court meeting at 6:00 p.m., February 16, 2010. Print (E-911 CAD bids) on the front of the envelope.

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

No bidder may withdraw his/her bid for 30 days after the date the bids are opened. Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids. Whitley County reserves the right to award bid based upon availability, service and in the best interest for the public safety for the citizens of the County. Whitley County is an Equal Opportunity Employer.

 

 

BID NOTICE

The Whitley County Board of Education is now accepting sealed bids on metal roofing.

Bid packets are available at the Whitley County Board of Education, 300 Main Street, Williamsburg, Kentucky. Bids will be opened on Wednesday, February 10, 2010 at 10:00 AM. The Board reserves the right to accept or reject any or all bids.