Legal Notices for 03/24/10, page 3

 

 

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

The judgment against the defendants, James A. Sowder, Branch Banking and Trust Company County of Whitley City of Corbin Unknown Defendants, who are the Heirs or Devisees or Legatees of Ethel L. Sowder & their Spouses and any Unknown Person who may have an interest in the Property which is the subject matter of this action, Unknown Defendant Occupant, Unknown Defendant, Spouse of James A. Sowder, and Asset Acceptance LLC, plus costs, are as follows:

(1) The principal sum in the amount of $38,471.94, plus interest from 9/01/08 in the amount of $3,691.20, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,419.98, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $44,683.12.

The property to be sold is as follows:

One (1) Town Lot No. 6, Block 78, in the Hawkins Addition to the City of Corbin, Kentucky, situated on Walnut Street, fronting 72 feet on a city street and running back same width for a distance of 145 feet to an alley.

Being the same property conveyed to Ethel L. Sowder, wife of James A. Sowder, from James A. Sowder, husband of Ethel L. Sowder, by Deed dated June 16, 1988 and recorded in Deed Book 328, page 211, in the Office of the Whitley County Court Clerk.

Said property address is:  502 Walnut 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 this 16th day of March, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00748

FIRST NATIONAL BANK AND TRUST, PLAINTIFF,

VS.

HALEY MANNING, WIDOWER, THE ESTATE OF SHARON MANNING, DECEASED;  LVNV FUNDING, LLC, AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 11, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Haley Manning, widower, The Estate of Sharon Manning, deceased; LVNV Funding, LLC and Whitley County, Kentucky, plus costs, are as follows:

(1) The principal sum in the amount of $131,620.75 as of August 28, 2009, with interest continuing to accrue at an annual rate of 7.250% or at a daily rate of $24.64 until the date of judgment and at the legal rate thereafter; plus any late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with Defendants’ default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the Mortgage instrument.

The property to be sold is as follows:

LOCATED AND BEING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at an iron pin on the W. side of KY. #6 road right of way and said pin being 20 Ft. From center line and said pin being the Southeast corner of Manor Thomas; thence with Thomas line S. 74 Deg. 28 Min. W. 148.4 Ft. to an iron pin; thence with new line S. 19 Deg. 03 Min. E. 76.7 Ft. to an iron pin in Dave Wright’s line fence; thence with Wright’s line fence N. 86 Deg. 00 Min. E. 55.5 Ft. to a post corner of Corrine Carter; thence with Carter’s line N. 65 Deg. 15 Min. E. 126.0 Ft. to an iron pin on the W. side of road right of way; thence leaving Carter’s line with the W. side of road right of way N. 43 Deg. 00 Min. W. 76.0 Ft. to the point of beginning containing .3008 acres more or less.

BEING THE SAME PROPERTY conveyed to Sharon Manning, single, by Deed dated May 23, 2003 and recorded in Deed Book 443, Page 484, records of the Whitley County Clerk’s Office, Williamsburg, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten-percent (10%) down 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 16th day of March, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-846

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK,  PLAINTIFF,

VS.

SUE ANN WALDROUP, SINGLE, 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 March 1, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Sue Ann Waldroup, plus costs, are as follows:

(1) The sum in the amount of $6,531.80 as of January 7, 2010, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows:

TRACT NO. 9:

BEGINNING at a stake in the edge of an unnamed road and running with the road S 44 45’ W 129 feet to a stake in the edge of the road; thence S 22 50’ E 202 feet to a stake; thence N 38 10’ E 148 feet to a stake; thence N 23 30’ W 183 feet to the BEGINNING; being Lot No. 42 of the plat recorded in Map Book 3, page 48, Whitley County Court Clerk’s Office. 

TRACT NO. 10:

BEGINNING at a stake in the edge of an unnamed road and running with the road S 77 15’ W 149 feet to a stake in the intersection of two unnamed roads; thence with an unnamed road S 9 15’ W 99 feet to a stake in the edge of the road; thence with the road S 6 45’ E 45 feet to a stake in edge of the road; thence with the road S 45 45’ E 111 feet to a stake in the edge of the road; thence N 65 20’ E 163 feet to a stake; thence N 22 50’ W 202 feet to the BEGINNING, being Lot No. 43 of the plat recorded in Map Book 3, Page 48, Whitley County Court Clerk’s Office.

BEING THE SAME PROPERTY CONVEYED TO the mortgagor by deed from Clayton Waldroup and his wife, Catherine Waldroup, dated September 20, 1996, and recorded in Deed Book 388, Page 223 of the Whitley County Clerk’s Office.

There is also included a 1995 Fleetwood Mobile Home, Vin No. TNFLP26A38213RL.

Said property address is:  100 Reverend 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 20% (Twenty-Percent) of the purchase price down with the balance in 25 days of the sale 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 16th day of March, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00941

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF,

VS.

JOE ALLEN, BECKY ALLEN, UNKNOWN DEFENDANT, SPOUSE OF FRED MIRACLE ON APRIL 12, 2002, UNKNOWN DEFENDANT, SPOUSE OF DOLORES BERTLING F/K/A DOLORES MIRACLE ON APRIL 12, 2002, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Joe Allen, Becky Allen, Unknown Defendant, Spouse of Fred Miracle on April 12, 2002 Unknown Defendant, Spouse of Dolores Bertling f/k/a Dolores Miracle on April 12, 2002, plus costs, are as follows:

(1) The principal sum in the amount of $127,371.95, plus interest from 07/01/09 in the amount of $4,615.92, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $50.89, plus late charges in the amount of $330.72, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $133,469.48.

The property to be sold is as follows:

BEGINNING  on a stone Charlie Smith’s corner, 6-4/16 poles from a plum corner running thence S 33 ½ E 61 poles to a stone at cemetery lot; thence N 56 ½ E 5 poles to a stake at a corner of cemetery lot; thence S 45 E 9-796 poles to a stake in R.R. Right of Way; thence with it to two black oaks, Ed Mitchell corner; thence N 43 W 52 poles to a gum & post oak; thence S 80 W 11 poles to a gum, sourwood, & dogwood; same course 66 poles to a poplar; thence S 27 W 20 poles to a poplar & gum; thence S 47 W 8 poles to the BEGINNING.

There is reserved from the above described property and retained by parties in a previous deed the following parcel together with improvements thereon:

BEGINNING on a concrete marker near a culvert at the edge of right-of-way of KY Highway 26 and running about Northwest 565 feet to a concrete marker at a black gum on the ridge; thence about Northeast 351 feet to a concrete marker in the Mitchell line at an old road bed; thence following the old road bed and Mitchell and Jackson lines to a concrete marker in the edge of right of way of Ky 26. corner with Jackson; thence running South with the highway right of way 157 feet to the BEGINNING.

ALSO EXCEPTED FROM THE ABOVE PROPERTY ARE THE FOLLOWING EXCEPTIONS CONVEYED BY HOMER JACKSON:

1. Kenneth Ray Jackson & wife 1-19-76, DB 260. Page 483.

2. James T. Lewallen & wife 3-19-76, DB 259, Page 401.

3. Howard and Martha Smith 2-27-76, DB 259, Page 235.

4. Howard and Martha Smith 10-26-76, DB 265, Page 27-8.

5. Bradley Smith and wife, Thelma 3-11-77, DB 265, P 505-506

6. Deed from Homer Jackson, et. als. to Olden Jackson 5-20-78, DB 282, P 605-606

7. See deed from H.H. Williams to B.C. Smith 2-6-37, DB 136, P 128.

Being all the same property conveyed to Joe Allen and Becky Allen, husband and wife, from Fred Miracle and Delores Bertling, f/k/a Delores Miracle, by Deed dated April 12th, 2002, recorded May 9th, 2002, in Deed Book 435, Page 59, records of the Whitley County Court Clerk’s Office.

Said property address is:  4751 Highway 26, 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 this 16th day of March, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00725

OCWEN LOAN SERVICING, LLC, PLAINTIFF,

VS.

TAMMY L. HUFF; HOMETOWN BANK OF CORBIN, COMMONWEALTH OF KENTUCKY, – FINANCE AND ADMINISTRATION CABINET; WADE E. CARR;  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 13, 2009 and subsequent Order on February 8, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 12, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant Tammy L. Huff, plus costs, are as follows:

(1) The sum of $90,477.17, plus interest from 10/1/08 in the amount of $3,527.23, plus attorney fees in the amount of $1,100.00, plus unapplied funds balance in the amount of $(450.54) for a total in the amount of $94,653.86.

The property to be sold is as follows:

Beginning at a point in the West right of way line of Todd Street in the line of Lot 107, 60 feet from the point on Todd Street where Lot 105 meets Lot 107; thence running with the East boundaries of Lots 107 and 109 North 37 degrees 29 minutes East 200 feet to a stake; thence leaving Todd Street and running North 49 degrees 26 minutes West 181.50 feet to a point in the East boundary of Lot 210; thence South 37 degrees 29 minutes West 200 feet to a stake in the East boundary of Lot 208; thence leaving the East boundary of Lot 208 and running South 49 degrees 26 minutes East 181.50 feet to the beginning.

Being the same property or a portion of the same property conveyed to Tammy Lynn Huff Shafer and Troy K. Shafer, as joint tenants with rights of survivorship by Quit Claim Deed dated May 21, 2004 from Tammy Lynn Huff, sole owner filed on August 30, 2004 in Book 455 at Page 258 in the Whitley County records. 

Commonly known as:  7609 Todd Street, Corbin, KY 40701.

Parcel Number: 085-00-00-097.08

Said property address is:  7609 Todd 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 this 16th day of March, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00735

WACHOVIA BANK, NA, PLAINTIFF,

VS.

CITY OF WILLIAMSBURG, JASON SNELL A/K/A JASON ERIC SNELL, KAREN ANN SNELL, UNKNOWN DEFENDANT, OCCUPANT, CITY OF WILLIAMSBURG, COMMONWEALTH OF KENTUCKY, CABINET FOR HUMAN RESOURCES, EX REL, DIVISION OF UNEMPLOYMENT INSURANCE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

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

The judgment against the defendants, Jason Snell a/k/a Jason Eric Snell, Karen Ann Snell and Unknown Defendant, Occupant, plus costs, are as follows:

(1) The sum in the amount of $52,243.23, plus interest at the rate of 10.99000 percent per annum from May 1, 2009, 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 (KRS 411.195)

The property to be sold is as follows:

BEGINNING at an elm tree on the upper or eastern side of the Cliff End Road, also a corner of the Snell tract; thence S 76 degrees 00’ E 154.00 feet to a stone on the lower or western side of an unimproved road; thence with the line W 49.00 feet to a stone; thence S 2 degrees 00’ E 41.50 feet to a stone; thence S 21 degrees 00’ E 27.00 feet to a stone beside a small elm on the lower or western side of the unimproved road; thence leaving the unimproved road, S 71 degrees 00’ W 168.00 feet to an X on a cliff; thence N 85 degrees 00’ W 21.50 feet to an X on a cliff thence N 41 degrees 00’ W 77.00 feet to a X on a cliff; thence N 39 degrees 00’ W 50.00 feet to an X on a cliff at the end of a stone wall; thence N 38 degrees 30’ E 133.00 feet to a point; thence S 76 degrees 00 E 29.00 feet to the beginning and containing 0.93 acres, more or less.

Being the same property conveyed to Jason Snell, from Sarah Elizabeth Jeffries, an unmarried adult individual; and Ritter Faulkner and Gerald Faulkner, wife and husband, by Deed dated 03/15/1996, recorded 03/21/1996, Deed Book 384, page 364, Whitley County Clerk’s Records, and being known as 325 Cliff End Road, Williamsburg, KY 40769.

Said property address is: 325 Cliff End Road, Williamsburg, KY 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%) Ten-Percent 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 16th day of March, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616