Legal Notices for 02/10/10, page 1

 

  

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

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0417

In accordance with KRS 350.055, notice is hereby given that NAV-VET TRUCKING LLC, 448 Wilton Lake Rd., Woodbine , KY 40771 has applied for a permit for a surface coal mining and reclamation operation located 0.1 miles east of Meadow Creek, near Woodbine in Whitley County. The proposed operation will disturb 22.80 surface acres and will underlie additional 21.8 acres with a total area within the permit boundary will be 44.6 acres.

The proposed operation is approximately 1.72 miles southeast from KY 1064’s junction with KY 6 and located in and un-named tributary of Meadow Creek. The latitude is 36-52-21.4 and the longitude is 84-04-20.9.

The proposed operation is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle maps. The operation will use the contour and auger methods of surface mining. The surface area is owned by Mr. Charles Nantz, George Hart & Mr.Otis C. Miller Jr. and Patricia Nantz Miller.

The application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 East Cumberland Ave, Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Davenport Coal Co., LLC, P.O. Box 856, Jellico, TN 37762, has filed for a Phase I Bond Release on permit number 918-0400 which was last issued on August 18, 2009. The application covers an area of approximately 24.9 acres located 1.3 Miles South of the community of Louden in Whitley County, Kentucky.

The permit area is approximately 1.18 miles Southwest of the intersection of Hwy. 92 and Louden Road and 1.5 miles Northeast of the intersection of Mulberry Creek and the Cumberland River. The latitude is 36°44’16”. The longitude is 84°02’10”.

The bond now in effect is as follows:

The permit is a Certificate of Deposit in the amount of $95,200.00. Approximately 60% of the original bond amount of $95,200.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed November 25, 2009.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by March 26, 2010.

A public hearing on the application has been scheduled for March 29, 2010, at 9:00am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by March 26, 2010.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0421

In accordance with KRS 350.055, notice is hereby given that Fraziernanatz, 541 Blakes Fork Road, Williamsburg, KY 40769  has applied for surface coal mining and reclamation operation located 1.20 miles north of Louden in Whitley County.  The proposed operation will disturb 10.36 surface acres and will underlie and additional 18.82 acres with a total area within the permit boundary will be 29.18 acres.

The proposed operation is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The Latitude is 36-46-08 and the Longitude is 84-02-20.

The proposed operation is located on the Rockhold U.S.G.S. 7 ½-minute quadrangle map. The operation will use the surface and underground method of mining. The surface and underground areas to be disturbed are owned by Ada Powers.

This is the final advertisement of this application; all comments, objections, or requests for a permit conference must be received within thirty (30) days of today’s date.  The application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 E. Cumberland Ave, Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

COMBINED NOTICE

Notice to Public of No Significant Effect on the Environment And Notice to Public of Request for Release of Funds

Date of Notice Publication: February 10, 2010

Pat White, Judge Executive,

Whitley County Courthouse

PO Box 237, Williamsburg, KY 40769; 606-549-2973

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:

On or about March 1, 2010, Whitley County will request a release of funds from the Department for Local Government for the following Project:

Project Title: Whitley County’s Zero Energy Homes Project

Project Location: Scattered Sites within the southern parts of Whitley County

Purpose of Project: In accordance with the purposes outlined in the Community Development Block Grant Recovery Program pursuant to the Housing and Community Development Act of 1974 as amended and those regulations set forth in 24 CFR Part 570, Subpart I, and the American Recovery Reinvestment Act of February, 2009, the purpose of this development is to provide benefits to low and moderate income persons and to address the critical need for affordable housing in the area by providing safe, decent, sanitary, and energy efficient affordable housing to improve the affordable housing stock in Whitley County, KY.  This project meets the Recovery Act objectives of maximizing job creation and economic benefit by preserving an estimated 10 full-time and 6 part-time construction jobs.  This project also meets the Recovery Act objective by maximizing energy conservation through the construction of three zero energy homes in a rural area.

Responsible Entity: Pat White, Whitley County Judge Executive

Applicant/Recipient Agency: Whitley County, PO Box 237, Williamsburg, KY  40769

It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of human environment and, accordingly, the above-named county has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL-91-190).

An Environmental Review Record respecting the within project has been made by the above named County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying, upon request, between the hours of 9am and 4pm.  No further environmental review of such project is proposed to be conducted prior to the request for release of federal funds.

All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by the Whitley County Judge Executive. Such written comments should be received at the Whitley County Courthouse, PO Box 237 Williamsburg, KY 40769 on or before March 1, 2010.  All such comments so received will be considered and the County will not request the release of Federal funds or take any administrative action on the within project prior to the date specified on the proceeding sentence.

Whitley County will undertake the project described above with proposed funding from the Community Development Block Grant Recovery Program funds from the Department for Local Government funded under the American Recovery Reinvestment Act of February, 2009

Whitley County is certifying to the state that the Judge Executive Pat White, in his official capacity with Whitley County, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, Whitley County may use the proposed Community Development Block Grant Recovery funds and the state and HUD will have satisfied their responsibilities under the National Environmental Policy Act of 1969. The state will accept an objection to its approval only if it is on one of the following bases:

(a) The certification was not in fact executed by the Certifying Officer.

(b) The County has filed to make one of the two findings pursuant to S58.41 or to make the written determination decision required by SS578.57, 58.53 or 58.64 for the project, as applicable.

(c) The County has omitted one or more of the steps set forth at Subparts F and G for the preparation and completion of an EA.

(d) No opportunity was given to the Advisory Council on Historic Preservation or its Executive Director to review the effect of the project on a property listed on the National Register of Historic Places, or found to be eligible for such listing by the Secretary of the Interior, in accordance with 36 CFR Part 800.

(e) The recipient has committed funds or incurred costs not authorized by this part before release of funds and approval of the Environmental Certification by HUD or the State.

(f) Objections have been made by a federal agency.

Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and may be addressed to the Department for Local Government, ATTN Jennifer Peters, 1024 Capital Center Drive, Frankfort, KY 40601.

Objections to the release of funds on bases other than those stated above will not be considered by the state. No objection received after March 16, 2010 will be considered by the state.

 

 

Williamsburg Nursing Home, Williamsburg, Kentucky

is licensed by the state of Kentucky as a Nursing Facility, and is certified for participation in the Medicare and Medicaid programs. Residents are admitted and served equally without regard to race, color, or national origin. Williamsburg Nursing Home is an Equal Opportunity Employer