Legal Notices for 03/2/11, page 1

 

 NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I Bond Release on Increments No. 1, 2 , 3 , 5, 6, and 7 of permit number 918-5188 which was last issued on August 20, 2010. The application covers an area of approximately 236.72 acres located 1.5 Miles Northwest of Frakes, KY, and 0.8 miles Northeast of Mud Creek Roads junction with 1595 in Whitley County, KY.

The permit area is approximately 0.6 miles Northwest of Henry Bowlin Gap and the junction with KY 1595 near Mud Creek Gap. The latitude is 36°39’08”. The longitude is 83°57’16”.

The bonds now in effect are as follows:

Increment One (1) is a Surety Bond in the amount of $24,900.00. Approximately 60% of the original bond amount of $24,900.00 is included in this application for release. Increment Two (2) is a Surety Bond in the amount of $224,500.00. Approximately 60% of the original bond amount of $224,500.00 is included in this application for release. Increment Three (3) is a Surety Bond in the amount of $88,800.00. Approximately 60% of the original bond amount of $88,800.00 is included in this application for release. Increment Five (5) is a Surety Bond in the amount of $71,800.00. Approximately 60% of the original bond amount of $71,800.00 is included in this application for release. Increment Six (6) is a Surety Bond in the amount of $21,800.00. Approximately 60% of the original bond amount of $21,800.00 is included in this application for release. Increment Seven (7) is a Surety Bond in the amount of $51,700.00. Approximately 60% of the original bond amount of $51,700.00 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 15, 2010.

This is the final advertisement of the application. 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 April 1, 2011.

A public hearing on the application has been scheduled for April 4, 2011 at 9:00 AM 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 April 1, 2011.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application 918-0434

In accordance with the provisions of KRS 350.055, notice is hereby given that American Highwall Mining, LLC, P.O. Box 1539, Chilhowie, VA 24319 has applied for a permit for a surface coal mining operation, located approximately 1.2 miles East of junction of the Jack’s Fork Road and KY Rt. 26 & 1.0 miles SouthEast of Rockholds in Whitley County, Kentucky. The proposed permit area will disturb 75.0 acres and underlie 103.0 acres, for a total area within the permit boundary of 178.0 acres. The proposed operation is located approximately 0.1 South of Helton Hollow.

The proposed operation is located on the Rockholds U.S.G.S. 7 1/2 minute quadrangle map. The permit surface area to be disturbed is owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis. The auger operations will underlie property owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis.

The application has been filed for public inspection at the Department for Natural Resources’s Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, Kentucky 40965.

Written comments, objections or requests for a permit conference must be filed with the Director of the Division of Mine Permits, #2 Hudson Hollow Complex, U.S. 127 South, Frankfort, Kentucky 40601.         

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 913-0432

In accordance with KRS 350.055, notice is hereby given that Fraziernantz, 541 Blakes Fork Road, Williamsburg, KY 40769 has applied for surface coal mining and reclamation operation located 1.0 mile southwest of Yaden in Whitley County.  The proposed operation will disturb 16.45 surface acres and will underlie an additional 45.17 acres with a total area within the permit boundary will be 61.62 acres.

The proposed operation is approximately 1.0 mile southwest from KY 904’s junction with Dal Road and located 0.1 mile west of the Cumberland River. The Latitude is 36-43-23 and the Longitude is 84-06-20.

The proposed operation is located on the Saxton U.S.G.S. 7 ½-minute quadrangle map. The operation will use the surface and auger methods of mining. The surface and auger areas to be disturbed are owned by Perry Lawson.

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.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00066

FIRST STATE FINANCIAL, INC. F/K/A TOWN AND COUNTRY BANK, PLAINTIFF, VS. CHARLES ALLEN, II, a/k/a CHARLES W. ALLEN, II AND HIS WIFE, DONNA ALLEN; CHARLES ALLEN, A/K/A CHARLES E. ALLEN AND HIS WIFE, SANDRA ALLEN; FAMILY FITNESS, INC.; WHITLEY COUNTY, KENTUCKY AND WILLIAMSBURG, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, March 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Charles Allen, II, a/k/a Charles W. Allen, II and Charles Allen, a/k/a Charles E. Allen and Family Fitness, Inc., plus costs, are as follows:

(1) The sum of $437,645.94, plus interest thereon at the rate of 12% per annum from December 31, 2010 paid in full.

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

BEGINNING on a railroad spike in the intersection of the centerline of Black Oak Road and Kenny Bug Road and running thence S 66° 25’ 57” W, 88.82 feet to an iron pin at the southeasertly corner of the Charles Allen tract in the northerly right of way line of Black Oak Road; thence with Allen line and the northerly right of way line of Black Oak Road with the following calls: S 54° 29’ 36” W, 29.83 feet to a point; thence S 47° 17’ 07” W, 98.70 feet to a point; thence S 52° 57’ 10” W 30.06 feet to an iron pin at the South West corner of the Doug D. Douglas tract; thence leaving Black Oak Road and running with the Douglas line N 23° 22’ 54” W 308.20 feet to an iron pin at the fence post at the North East corner of the Douglas tract and on the Allonzo Stanfill line; thence leaving the Douglas tract and running with the Stanfill line S 57° 25’ 25” E 53.57 feet to an iron pin; thence S 56° 47’ 33” E 61.63 feet to an iron pin; thence S 71° 23’ 55” E 129.79 feet to an iron pin; thence S 17° 00’ 00” E 80.00 feet to the point of BEGINNING, containing a calculated area of 0.66 acres, more or less, as per survey and plat dated December 16, 1997 by Tony W. Crutchfield, P.L.S., Kentucky Registration Number 3329.

BEING the same property conveyed to Charles E. Allen and Sandra F. Allen, by deed from Scott Lawrence Alloway, unmarried, dated March 16, 2005, recorded in Deed Book 460, Page 88, of the Whitley County Court Clerk’s Office.

Said property address is: 1460 Black Oak Road, Williamsburg, Kentucky 40769.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down 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 February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00218

FIRST STATE FINANCIAL, INC. F/K/A TOWN AND COUNTRY BANK, PLAINTIFF, VS. JOHN & ROBERTA DAVENPORT MARKET, LLC, a/k/a JOHN P. and ROBERTA DAVENPORT  MARKET, LLC; JOHN DAVENPORT and his wife, ROBERTA DAVENPORT; DENNIS YOUNG and his wife, DEBBIE YOUNG; GREEN HILLS ENVIRONMENTAL; THOMAS BROCK and his wife, CAROLYN BROCK; EAGLE SERVICE CORP.; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, March 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, John & Roberta Davenport Market, a/k/a John P. and Roberta Davenport Market, LLC; John Davenport and his wife, Roberta Davenport; Dennis Young and his wife, Debbie Young; Green Hills Environmental; Thomas Brock and his wife, Carolyn Brock; Eagle Service Corp.; and Whitley County, Kentucky, plus costs, are as follows:

(1) Pursuant to Count I of the Complaint, the defendant, John Davenport, a/k/a John P. Davenport, is adjudged liable to the plaintiff, First State Financial, Inc., in the amount of $37,957.69 as of February 10, 2010, plus interest thereon at the rate of 6.89999% per annum ($7.202 per day) from February 10, 2010, until February 14, 2011, and thereafter interest at the judgment rate of 12% per annum until paid in full.

(2) Pursuant to Count IV of the Complaint, the defendants, John Davenport, a/k/a John P. Davenport, and Roberta Davenport, are jointly and severally liable to the plaintiff for the total sum of $342,350.90 as of February 10, 2010, plus interest thereon at the rate of 6% per annum ($56.36 per day) from February 10, 2010 until February 14, 2011, and thereafter interest at the judgment rate of 12% per annum until paid in full.

(3) The above referenced Judgments entered against John P. Davenport are In Rem.  The Judgment against Roberta Davenport is personal.

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

TRACT I: BEGLEY TRACT: BEGINNING on a stake in the intersection of U.S. Highway with the road leading East, the old King road; thence with the King Road 104 feet to a stake; thence parallel with U.S. Highway 195 feet to a stake; thence parallel with U.S. Highway 195 feet to a stake; thence a straight line to U.S. Highway 104 feet; thence with the highway North 195 feet to the BEGINNING. For full description reference is made to the map of M.C. Hill Subdivision as recorded in Map Book 1, Page 198, Whitley County Court Clerk’s Office. This conveyance covers Lots 1, 2 and 3.

TRACT II: HILL TRACT: On U.S. Highway 25W near Watts Creek and being more particularly described as follows: Being Lots 4 and 5 in Block A of the N.C. Hill Subdivision. For a complete description reference is made to map filed in Map Book 1, Page 198, Whitley County Court Clerk’s Office.

BEING the same property conveyed to John Davenport and wife, Roberta Davenport, by deed from Lloyd E. Davenport, dated March 22, 2001, of recorded in Deed Book No. 425, Page 489, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 2450 N. Highway 25 W.  Williamsburg, KY 40769 (TRACT I & II)

TRACT III: BEGINNING at a survey marker at the Southwest right of way of the Old Cumberland Falls Road, a corner of the Bridgett Mills Parker Farm, said point lies S 23 degrees 51’ E, 480.00 feet from a survey marker at the Southeast corner of Exception I; thence with the said right of way S 24 degrees 06’ E, 150.07 feet to a survey marker, said point being a corner of the said Parker Farm; thence leaving the said right of way and still with said Parker line S 52 degrees 47’ W, 139.36 feet to a fence post; thence still with the said Parker line N 86 degrees 31’ W, 9.97 feet to a fence post; thence still with the said Parker line N 25 degrees 43’ W, 168.65 feet to a fence post; thence still with the said Parker line, N 62 degrees 38’ E, 149.54 feet to the BEGINNING, containing 0.5488 acres. There is reserved a twelve foot roadway easement through the herein described Exception II.

BEING the same property conveyed to John Davenport and wife, Roberta Davenport, by deed from Martha Davenport, single, dated June 7, 1993 of recorded in Deed Book 364, Page 314, Also seed deed from Carl Frazier, single, to John Davenport and wife, Martha Davenport, dated February 3, 1986 of record in Deed Book No. 312, Page 660, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 491 WATTS CREEK ROAD, WILLIAMSBURG, KY 40769 (TRACT III)

TRACT IV: BEGINNING at a stone on the West side of the State Highway; thence North 50 feet with the State Highway; thence West 54 feet to a set stone; thence 50 feet to a set stone; thence East 44 feet to the BEGINNING.

TRACT V: BEGINNING at a corner, said corner being located on the north line of an unrecorded easement previously granted by the Grantor herein and said corner being located 204 feet East of Highway 25-W; thence with the said unrecorded easement 204 feet in a westerly direction to Highway 25-W; thence in a northerly direction with the highway approximately 216 feet to a corner formed by the intersection of the said highway and the property line of Lloyd Davenport’ thence in an easterly direction, with the Davenport line a distance of 204 feet; thence in a straight line in a southerly direction approximately 232 feet to the BEGINNING.

EASEMENTS: First and Second Parties hereby acknowledge that it is not their intent to convey herein, in fee, any portion of the unrecorded easement previously granted by First Party herein for access to  certain property previously conveyed by the First Party. However, it is the intent of the parties that the Second Party acquire the use of the said easement for ingress and egress to the property hereinbefore described. First and Second Parties further agree that it will be necessary to install a culvert at the rear of the property hereinbefore described and First Party hereby grants an easement to the Second Party for the purpose of installing and maintaining the said culvert. It shall be Second Party’s responsibility to install and maintain the culvert and to grade the same so as to blend in with the property retained by First Party. Second Party hereby acknowledges that there are presently existing certain water and gas lines over the property hereinbefore described and First Party hereby retains an easement for maintenance of the said water and gas lines presently in existence. In addition, First Party hereby retains an easement for the purpose of installing electric lines and maintaining the same over or under the property hereinbefore described provided that such electric lines are constructed along the southern edge of the property hereinbefore described in approximately the same location as the water and gas lines previously referred to.

TRACT VI: All of Lots #3, part of Lots 2 and 4, of N.C. Hill Subdivision, Map Book #1, Page 198, BEGINNING at a stake in Lot #4 which is 114’ from U,S, Highway 25W; thence perpendicular to said highway to a point in east side if highway; thence south with said highway 60’ to a corner, the southwest corner of Lot #3; thence in an easterly direction, perpendicular to said highway 110’ to a stake in Lot #4; thence northwesterly to the BEGINNING point.

BEING the same property conveyed to John Davenport and wife, Roberta Davenport, by deed from Lloyd Elbert Davenport, dated February 26, 2002, of record in Deed Book 433, Page 634, Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 2450 NORTH HIGHWAY 25 W, Williamsburg, KY 40769 (TRACTS IV, V & VI)

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  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 assessment 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 February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00489

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. JULIA BLANKENSHIP, CLAYTON BLANENSHIP, WHITLEY COUNTY, KENTUCKY, HUNTINGTON PRODUCTION COMPANY, INC., GORDON BOARD and BERNETT BOARD, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on February 7, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, March 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Julia Blankenship, Clayton Blankenship, Whitley County, Kentucky, Huntington Production Company, Inc., Gordon Board and Bernett Board, plus costs, are as follows:

(1) The Defendants, Julia Blankenship and Clayton Blankenship are indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the sum of $107,462.71 with interest thereon at the contract rate of 8.26% per annum from June 16, 2010, until March 7, 2011, and thereafter at 8.26%, until paid, for all of which Vanderbilt Mortgage and Finance, Inc., shall have judgment In Rem against the Defendants, Julia Blankenship and Clayton Blankenship.  In order to secure the sums above stated, together with interest and the costs of this action:

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

A certain tract of land near the community of Corbin, in Whitley County, Kentucky, being on the southerly side of Eaton Town Road and being Lot #8 of Eaton Town Estates as record in Plat Cabinet 2, Slide 402, and being more particularly described as follows:

A Certain tract of land near the community of Corbin, in Whitley County, Kentucky, being on the southerly side of Eaton Town Road and being Lot #8 of Eaton Town Estate as record in Plat Cabinet 2, Slide 402, and being more particularly described as follows:

Unless stated otherwise, any monument referred to herein as an “iron pin set” is a set 5/8” rebar pin, twenty-four inches (24”) in length, with a orange plastic cap stamped “M. Back, P.L.S. #2178”. All bearings stated herein are referred to the play meridian as observed between existing monuments found along the perimeter of the property boundary of Lot #8 of Eaton Town Estate of record in plat Cabinet 2, Slide 402, on the date of this survey.

LOT#8

Beginning at an iron pin (found ½” rebar with cap stamped “LS #3358”) in the southerly R/W of Eaton Town Road (being 20’ from the center of the road (see Plat Cabinet 2, Slide 402), and being a corner to Lot #7 of Eaton Town Estates (see aforementioned plat for reference); thence leaving the right-of-way and with the boundary line of Lot #7 S 00° 39’ 52” W a distance of 208.28’ to an iron pin (found ½” rebar with cap stamped “LS #3358”), being a point in the property line of that property of the Gordon & Bernett Board property (see DB.408, PG.133); thence leaving Lot #7 and with the Board boundary line N 79° 44’ 46” W a distance of 210.99’ to an iron pin (found ½” rebar with cap stamped “LS #3358”), being the corner to Lot #9 of the aforementioned Eaton Town Estates; thence leaving the Board boundary and with the east boundary line of Lot #9 N 00° 31’ 01” E a distance of 207.99’ to an iron pin (found ½” rebar with cap stamped “LS #3358”) in the southerly right-of-way of Eaton Town Road; thence leaving Lot #9 and with the right-of way of the road S 79° 51’ 09” E a distance of 211.48’ to the TRUE POINT OF BEGINNING and CONTAINING 1.00 Acres more or less, according to a survey by Michael Back, P.L.S. #2178, with Back Surveying, Inc. on April 23, 2010 and being a portion of the same property conveyed to Clayton & Julia Blankenship from Gordon & Bernett Board by deed dated May 5, 2006, which is of record in Deed Book 469, Page 38 in the records of the Whitley County, Kentucky.

Also included is a permanently affixed Clayton Mobile Home, 32’x 72’; Serial No. N01030218TNAB, successful bidder shall be responsible for moving the subject mobile home so that it no longer encroaches on the property of Gordon and Bernett Board.

Said property address is: 1821 Eaton Town Road, 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 (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within forty-five (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 this 22nd day of February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00578

WELLS FARGO BANK, N.A., PLAINTIFF, VS. SUE ANN WALDROUP; COUNTY OF WHITLEY; UNKNOWN DEFENDANT, SPOUSE OF SUE ANN WALDROUP; UNKNOWN OCCUPANT; FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WIILLIAMSBURG NATIONAL BANK; DAVID WALDROUP; MORTGAGE LENDERS NETWORK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on February 7, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, March 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Sue Ann Waldroup; County of Whitley; Unknown Defendant, Spouse of Sue Ann Waldroup; Unknown Occupant; Forcht Bank, NA, Successor-In-Interest to Williamsburg National Bank; David Waldroup; Mortgage Lenders Network, plus costs, is as follows:

(1) As of September 3, 2010, the sum of $18,541.37 plus interest from 11/01/09 in the amount of $1,653.08, advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $744.86, Attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $22,039.31, for which personal judgment is rendered in favor of the plaintiff against the defendant, Sue Ann Waldroup, together with interest at the rate of 10.600 percent per annum from September 3, 2010 until paid plus late charges, advances for taxes and insurance, and costs expended.

(2) There is a manufactured home located on the property, VIN No. CLH014920TN, which will be sold together with the land.  The manufactured home is permanently affixed to the land, but not in conformance with KRS 186A.294.

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

Lots #35 and 36 of the Bar-Hill Subdivision, recorded in Map Book 3, Page 48, Whitley County, Kentucky.

BEING the same property conveyed to David L. Waldroup and his wife, Sue Ann Waldroup, from Edward Pittman and his wife, Elida Pittman, on March 9, 1994, and recorded on March 11, 1994, In Deed Book 370, Page 66 of the records of the Whitley County Court Clerk’s Office. David Waldroup died on March 15, 2002, as evidenced by the Social Security Death Index Report. Upon his death, all right, title and interest became vested in Sue Ann Waldroup.

Said property address is: 184 Rev. Gene Young 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 one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  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 February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00836

FORCHT BANK, NA SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. PAMELA J. FAULKNER, Wife of JAMES J. FAULKNER, DECEASED; UNKNOWN HEIRS AND NEXT OF KIN AND THEIR SPOUSES, IF ANY, OF JAMES J.  FAULKNER, DECEASED; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on February 7, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, March 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against The defendants, Pamela J. Faulkner, wife of James J.  Faulkner, deceased; unknown heirs and next of kin and their spouses, if any, of James J. Faulkner, deceased; plus costs, are as follows:

(1) Forcht Bank is granted a Default Judgment against the defendant, Pamela Faulkner, single, and Default Judgment In Rem, against unknown heirs and next of kin and their spouses, if any, of James J. Faulkner, deceased, in the sum of $45,027.44 as of January 11, 2011, plus interest at the rate of 14.29% per annum until February 7, 2011, and thereafter at the maximum judgment rate until paid.

(2) The plaintiff is further adjudged to have a security interest in the defendant’s 2003 Fleetwood Entertainer Mobile Home, ID No. TNFL227AB58274CY1.

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

BEGINNING at concrete pillar at railroad edge of Horseshoe Road; thence running parallel with railroad tracks to a stake; thence 318 feet south along railroad tracks to a stake; thence 195 feet west to a stake; thence 221 feet northwest to double maple tree; thence 188 feet east to concrete pillar at railroad to the beginning; and

Being the same property conveyed to James J. Faulkner by Deed dated June 9, 2009 and recorded March 22, 2010, of record in Deed Book 495, Page 17, in the office of the Whitley County Clerk.

Said property address is: 200 Horseshoe Lane, Williamsburg, Kentucky 40769

Current Parcel ID No: 163-00-00-067.00

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  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 February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00878

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. THOMAS HAMBLIN, single; CATHY SOSTRIA; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on February 7, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, March 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The Summary Judgment against defendant, Thomas Hamblin, single; for money damages, and Whitley County, Kentucky, to set lien priorities and for Default Judgment In Rem against Cathy Sostria; plus costs, are as follows:

(1) Pursuant to Count I of the plaintiff’s Complaint, Forcht Bank, NA, Successor in interest to Williamsburg National Bank, is granted a Summary Judgment against the defendant, Thomas Hamblin in the sum of $16,217.40 as of February 1, 2011, plus interest at the rate of 9.99% per annum until February 7, 2011, and thereafter at the maximum judgment rate until paid in full.

(2) Pursuant to Count II of the plaintiff’s Complaint, Forcht Bank, NA, Successor in interest to Williamsburg National Bank, is granted a Summary Judgment against Thomas Hamblin, in the sum of $9,960.05 as of February 1, 2011, plus interest at the rate of 7.99% per annum until February 7, 2011 , and thereafter at the maximum judgment rate until paid in full.

(3) Pursuant to Count III of the plaintiff’s Complaint, Forcht Bank, NA, Successor in interest to Williamsburg National Bank, is granted a Summary Judgment against the defendant, Thomas Hamblin, in the sum of $3,554.43 as of February 1, 2011, plus interest at the rate of 11.5% per annum until February 7, 2011, and thereafter at the maximum judgment rate until paid in full.

(4) It is further adjudged that the plaintiff, Forcht Bank, NA, Successor in interest to Williamsburg National Bank, is adjudged to have to have a security interest in the defendant’s 2000 Fleetwood 18 x 60 Mobile Home, Vin No. 12892AL. 

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

COUNT I:  BEGINNING on the North side of the L&N right of way, one hundred feet from Mrs. Canada’s line; thence East with L&N right of way line to County Road; thence North with County Road to State Highway; thence West with State Highway to Leander Lawson’s line; thence South with Leander Lawson’s line to the BEGINNING.

EXCEPTION: There is excepted from this conveyance and not conveyed herein all of the same property conveyed to Raymond Hamblin and wife, Lucille Hamblin, by deed from Jerry Hamblin and wife, Rachel Hamblin, dated December 3, 1980, and recorded in Deed Book 287, Page 79-80, Whitley County Court Clerk’s Office.

BEING THE SAME PROPERTY CONVEYED to Thomas Hamblin, single, by deed dated September 23, 1998, from David A. Hamblin and his wife, Nancy Hamblin, et. al., and recorded in Deed Book 403, Page 407 of the Whitley County Court Clerk’s Office.

COUNT II:  BEGINNING on a stake on edge of Ky. Hwy 904 situated some 270 feet north of the Power line; thence East 150 feet with Ruben’s line to a stake; thence North 200 feet to a stake; thence Westward 150 feet to a post at edge of Hwy 904; thence South with the line of Hwy 904 200 feet to the point of BEGINNING.

BEING THE SAME PROPERTY conveyed to Thomas L. Hamblin, single, dated January 18, 2006, from Beverly Rookard and her husband, Scott Vann Rookard, and recorded in Deed Book 466, Page 532 of the Whitley County Court Clerk’s Office.

Said property address is: 5259 East Highway 904, Williamsburg, Kentucky 40769 and 3690 East Highway 904, Williamsburg, Kentucky 40769

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  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 February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00970

L & N Federal Credit Union, PLAINTIFF, VS. BRENDA NAILL, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on February 7, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, March 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Brenda Naill, plus costs, is as follows:

(1) The sum of $24,457.24 plus interest on the principal balance of $24,012.59 at the contract rate of 6.875% per annum from October 19, 2010 until paid.

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

BEGINNING at a point on the SE side of Mud Creek Road, the NW corner of Donnie and Deborah Naill property; thence with the SE side of Mud Creek Road N 60 00 00 E, 297.5 ft. to a point, the SW corner the D.W. Siler property; thence with the SW lines of the D.W. Siler property S 50 E 405 ft. to a point; thence S 28 E 335 ft. to a point; thence S 20 E 438 ft. to a point; thence S 12 E 440 ft. to a point; thence S 34 85 ft. to a  point; corner of the Francis Brothers and SE Corner of Donnie and Deborah Naill property; thence with the NE line of the Donnie and Deborah Naill property line N 34 50 51 W 1608.196 ft. to the point of Beginning.

BEING ALL THE SAME LAND acquired by Ronnie Naill and Brenda Naill, husband and wife, by deed of conveyance from Albert Naill and Helen Naill dated February 25, 1987 and recorded in Deed Book 319, at page 263, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

FOR FURTHER SOURCE OF TITLE reference is hereby made to the deed of conveyance from Ronnie Naill, unmarried, to Brenda Naill dated October 17, 2003 and recorded in Deed Book 447, at page 453, in the clerk’s office aforesaid.

Said property address is: 435 Doc Siler Road, Williamsburg, Kentucky 40769.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (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 February, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

NOTICE:

Please take notice that the City of Williamsburg, Whitley County, Kentucky provides the following statement pursuant to KRS 424.220 and KRS 91A.4046. The City of Williamsburg has completed its annual audit and copies are on file with the City of Williamsburg. For those individuals who wish to view said audit, a copy may be viewed at City Hall, 423 Main Street, Williamsburg, KY.

 

NOTICE OF SALE

Notice is hereby given that the undersigned, Johnny Wheels of Corbin, Inc., a corporation engaged in the business of repairing motor vehicles, shall, on the 19th day of March, 2011 at the hour of 10:00 a.m. sell by public auction a Ford F600 truck, S/N F75FVR53067, and all attachments thereon for the purpose of enforcing a mechanic’s lien in the amount of $25,990.66.  The vehicle and attachments are purported to be owned by Prestige Processing, Inc.  The place of sale shall be at the Johnny Wheels Tire and Auto Service Center place of business at 1513 Cumberland Falls Highway, Corbin, Kentucky 40701.  Terms shall be cash on the day of sale.

 

BID NOTICE:

The Whitley County Fiscal Court has declared the former voting machines as surplus property and will be accepting sealed bids for said surplus property up to March 14, 2011 till 2:00 p.m. at which time the sealed bids will be opened and read aloud in the Whitley County Fiscal Courtroom. The bids will be awarded during the regular scheduled meeting of the Whitley County Fiscal Court held on March 15, 2011 at 6:00 p.m. The surplus property is available for view by contacting the Whitley County Clerk at (606) 549-6002 or by asking the Clerk’s office for access to the surplus property. The mailing address to submit the bid is Whitley County Fiscal Court, P0 Box 237, Williamsburg, KY 40769, or the bids may be dropped off the Judge Executive’s office at the Whitley County Courthouse, 200 Main Street, Williamsburg, KY 40769. All bids shall be marked on the front of the envelope “Surplus Property Bid – Voting Machines.”

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2010-2011, to include unanticipated receipts increasing / decreasing from the General, Road, Federal Grants and 911 funds, in the amount of $ 258,552.00 and increasing / decreasing expenditures in the General, Road, Federal Grants and 911 funds in the amount of $ 258,552.00 will be held on 03/15/11 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