Legal Notices for 05/12/10, page 1

 

  

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00374

BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., PLAINTIFF,

VS.

DARRELL HENDRIX, TAYLOR HENDRIX, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Darrell Hendrix and Taylor Hendrix, plus costs, are as follows:

(1) The principal sum in the amount of $103,968.90, plus interest at the rate of 7.8750% per annum from 10/1/08 in the amount of $5,862.17, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,741.92, plus late charges in the amount of $230.40, plus Attorney fees in the amount of $1,100.00, for a total of $112,903.39.

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

A certain tract or parcel of land lying in Clio, Whitley County, Kentucky, on the waters of Youngs Creek of Cumberland River and being a part of the same land conveyed to James McKiddy and Lonnie Ray Bennett by deed from Ray Lanham and wife, Beverly Lanham, dated May 16, 2003 and recorded in Deed Book 443, Page 434, Whitley County Court Clerk’s Office, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “Rebar and cap” is a set ½” diameter rebar, twenty-four inches (24”) in length, with a yellow plastic cap stamped “B.B.A., P.L.S. #3377”.  All bearings stated hereon are referred to the magnetic meridian as taken during a survey on August 18, 1999 near the northeasterly line of the parent tract:

BEGINNNING at a ½” Rebar and cap, said rebar located at the southeast end of Mini Drive and 5.00 feet perpendicular to the centerline of same, corner to Lot #9B, bearing S 30° 28’ 57” W, 13.33 feet to a ½” Rebar and cap (corner to Lot #8); thence leaving said lot and crossing the end of said drive N 30° 28’ 57” E, 26.66 feet to a ½” Rebar and cap, said rebar located at the northeast end of said drive, and in the line of Lot #10; thence leaving said drive and running with said lot the following calls: S 18° 08’ 03” E, crossing a small drain at 11.23 feet and continuing for 31.05 feet for a total distance of 42.28 feet to a ½” Rebar and cap; and S 48° 06’ 45” E, 213.72 feet to a ½” Rebar and cap, said rebar located in the line of Aley Marcum (Lot #11 in the Davenport Subdivision, Map Book 4, page 137, Slide 333, Deed Book 391, Page 83); thence leaving Lot #10 of the MacBennett Subdivision and running with said Marcum lot along a fence S 47° 13’ 02” W, 236.73 feet to a ½” Rebar and cap (Found, G.R. Owens, LS #2681), corner to Lenora and Deborah Harth (Deed Book 257, Page 289), and Richard and Tracey Bryant (Deed book 426, Page 645); thence leaving said Marcum and Harth tracts and running with said Bryant tract along a fence N 24° 16’ 13” W, crossing the centerline of said small drain at 168.59 feet and continuing for 3.98 feet for a total distance of 172.57 feet to a ½” Rebar and cap, said rebar located at the top northwesterly edge of said small drain a corner to Lot #9B; thence leaving said Bryant tract and running with said lot and the top northwesterly edge of said small drain the following calls: N 28° 58’ 22” E, 18.38 feet to a Point; N 15° 50’ 14” E, 19.74 feet to a Point; N 33° 45’ 33” E, 16.08 feet to a Point; N 24° 20’ 25” E, 17.23 feet to a Point; N 28° 54’ 45” E, 39.82 feet to a Point; N 09° 16’ 37” E, 33.53 feet to a Point; and, N 28° 54’ 13” E, 18.39 feet to a ½” Rebar and cap; thence leaving the top edge of said small drain and running N 18° 08’ 03” W, 16.00 feet to the POINT OF BEGINNING and containing a calculated area of 0.896 acres as per a boundary survey by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc., on May 8, 2003.

Being the same property conveyed to Darrell Hendrix and Taylor Hendrix, husband and wife, from James McKiddy and Cora McKiddy, husband and wife, by Deed dated November 6, 2006 and recorded at Deed Book 473, page 285; and by Deed of Correction dated February 26, 2007 and recorded at Deed Book 475, page 299, in the Office of the Whitley County Court Clerk.

Said property address is: 204 Macbennett Drive, 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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-00019

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

ESTALEAH BROWN, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Estaleah Brown, plus costs, are as follows:

(1) The principal sum in the amount of $24,989.46, plus interest from 1/1/09 in the amount of $1,471.61, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,158.60, plus Attorney fees in the amount of $1,100.00, plus suspense balance in the amount of $221.65, for a total of $28,498.02.

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

BEGINNING at a mark in the west side of the sidewalk at the corner of J.M. Joyner lot on which there is a two story brick building located on the west side of Oak Street in Corbin, Kentucky; thence south with west edge of sidewalk 50 feet to a mark (X) in the sidewalk; thence in a western direction 125 feet to a stake located on an alley 50 feet from the property line on which the brick residence is now constructed; thence north 50 feet with said alley to a stake corner beside the stable on property line of the brick residence of J.M. Joyner; thence with the property line of J. M. Joyner’s brick residence lot 125 feet to the BEGINNING.  Said lot beging 50 x 125 feet in size.

Said property address is: 508 Oak Avenue, Corbin, Kentucky 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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-00018

CHASE HOME FINANCE LLC, PLAINTIFF,

VS.

TIMOTHY WAYNE JONES, II, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Timothy Wayne Jones, II, plus costs, are as follows:

(1) The principal sum in the amount of $85,577.21, plus interest from 07/1/09 in the amount of $3,391.66, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,184.06, plus Attorney fees in the amount of $1,100.00, for a total of $91,252.93.

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

BEGINNING at a point in line of Fourth Street; thence with said street North 74 ½ E. 100 feet to a stake; thence North 14 ½ W. about 115 ½ feet to a stake in Halcomb’s line; thence westwardly with Halcomb’s line; thence westwardly with Halcomb’s line 100 feet to a stake; thence South 14 ½ E. about 117 feet to the point of BEGINNING.

The following language appears of record in deed from Mabel Guttery, et al., to Bessie Tomkins dated August 1, 1964 and recorded September 14, 2964 in Deed Book 213, at pafe 320, in the office of the Whitley County Clerk at Williamsburg, Kentucky:

It is agreed and understoos that there is a partnership driveway on the east side of the above described property and this conveyance is made subject to same.

Being the same property conveyed to Timothy Wayne Jones II, a single man, from Susan M. Jackson, and husband, Jerry Jackson, on January 11, 2008 and recorded on January 15, 2008 in Deed Book 481, Page 286 of the records of the Whitley County Clerk’s Office.

Said property address is: 418 West 4th Street, Corbin, Kentucky 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00108

CITIMORTGAGE, INC., PLAINTIFF,

VS.

BILLY FELTNER, ET AL., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Billy Feltner and Jennifer Feltner, plus costs, are as follows:

(1) The principal sum in the amount of $110,161.11, plus interest at the rate of 8.6% per annum from July 1, 2008 until paid, plus costs and fees, plus attorneys fees, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

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

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

Being Lot 6 of the Chestnut Hills Subdivision and described as follows:

Begin at a point in Cecilia Drive and a corner to Lot 7, thence S 70 deg. 50’ 34” W 116.20 feet to a point; thence S 45 deg. 37’ 32” W 41.20 feet to a point; thence N 11 deg. 51’ 39” W 167.70 feet to a point; thence N 70 deg. 50’ 34” E 151.22 feet to a point and corner to Lot 7 and 10; thence S 11 deg. 51’ 39” E 150.00 feet to the point of beginning.  Containing 0.52 acres per revised plat dated September 16, 1999.

Said Lot No. 6 is subject to those protective covenants attached hereto and incorporated herein.

Being the same property conveyed to Billy Feltner and Jennifer Feltner, husband and wife, by virtue of a deed from Edward Ely, single, dated March 25, 2005, filed April 4, 2005, recorded in Deed Book 460, Page 222, County Clerk’s Office, Whitley County, Kentucky.

Parcel Number: 085-00-00-053.06

Address: 17 Cecelia Drive, Corbin, Kentucky 40701

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

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00560

COMMERCIAL BANK, INC., SUCCESSOR IN INTEREST TO UNION NATIONAL BANK AND TRUST COMPANY, PLAINTIFF,

VS.

HOWARD T. CREASY AND HIS WIFE, DIANA CREASY; HOWARD T. CREASY D/B/A/ MOUNTAIN SERVICE COMPANY; TAX EASE LIEN INVESTMENTS, LLC; MASTERS SUPPLY, INC.; INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY; AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to 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 action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgments against the defendants, Howard T. Creasy, Diana Creasy, and Howard T. Creasy d/b/a Mountain Service Company, plus costs, are as follows:

(1) The principle sum of Judgment on Note 1 in the amount of $76,689.64, together with interest that has accrued thereon as of June 17, 2009, accruing at the rate of $15.11 per diem, until the date of judgment, and thereafter at the maximum legal rate until full paid, plus applicable late fees.

The principle sum of Judgment on Note 2 in the amount of $6,671.97, together with interest that has accrued thereon as of June 5, 2009, accruing at the rate of $1.73 per diem, until the date of judgment, and thereafter at the maximum legal rate until fully paid plus applicable late fees.

The principle sum of Judgment on Note 3 in the amount of $5,390.00, together with interest that has accrued thereon as of June 17, 2009, accruing at the rate of $1.41 per diem, until the date of judgment, and thereafter at the maximum legal rate until fully paid, plus applicable late fees.

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

Being all of Lots 20, 21, 22, 23, 24 and 25 of the Bar Hill Subdivision a plat of which is of record in Plat Book 3 Page 48 (now slide 204) in the Whitley County Clerk’s Office.

Being the same property conveyed to Howard T. Creasy and his wife, Diana S. Creasy, by deed dated the 4th of January, 1996 from Aden Morgan, Jr., and his wife, Frances Morgan, of record in Deed Book 383, Page 105 in the Whitley County Clerk’s Office.

Said property address is: 159 Upper Bar Hill 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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-00051

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ACCREDITED MORTGAGE LOAN TRUST 2004-3 ASSET BACKED NOTES, PLAINTIFF,

VS.

MARVIN GRUBB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ACCREDITED HOME LENDERS, INC., COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET, DEPARTMENT OF REVENUE, DIVISION OF COLLECTIONS, ROWINA GRUBB, COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Marvin Grubb, plus costs, are as follows:

(1) The principal sum in the amount of $78,106.60, together with accrued interest thereon at the rate of 7.55% per annum from January 16, 2010, until amount has been paid in full.

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

Tract #1:

Beginning at a survey marker in the center of the old county road, a corner of the Daryl Jones property, said point lies N 77-32’-12” W, 415.73 feet from a post oak near the state road; thence with the said Jones line S 53-00’-00” W, 364.51 feet to a small white pine, a corner of the Farmers National Bank and the Daryl Jones Prpoerties; thence with the sid Farmers National Bank line N 37-27’ 12” W, 125.00 feet to a point, a common corner of the Farmers National Bank and the Daryl Jones property; thence N 53-00’-00” E, 285.97 fet to a point in the center of the old county road bed; thence still with the said Jones line and the center of the old county road bed S 60-01’ 39” E, 79.52 feet to a point; thence still with the said Jones line and the center of the old county road bed S 80-03’ 41” E, 70.91 feet to the beginning, containing 0.9111 acres.

Tract Two:

Beginning at a survey marker in the center of the old county road bed, a corner of the Daryl Jones property; thence with the center of the said county road bed and the said Jones line S 60-01’-39” E, 55.40 feet to the point, a corner of the Farmers National Bank property, thence with the said Farmers National Bank line S 53-00’ 00” W, 285.97 feet to a point, a corner of the aforementioned Farmers National Bank and the Daryl Jones properties; thence with the said Jones line N 37-27’ 12” W, 42.01 feet to a pine, a corner of the aforementioned Daryl Jones property; thence still with the said Jones line N 51-03’ 26” E, 264.79 feet to the beginning, containing 0.2950 acres.

Tract Three:

Beginning at a 30” post oak next to the State Road and going down the center of an old road nine courses: N 77 W, 153’; N 85 W, 147; N 78 W, 202’; N 69 W, 204’; N 59 W, 166’; N 55W, 139’; N 34 W, 196’; N 22 W, 182’; N 29 W, 75’; to a 5” maple; thence turning S 63 W, 29’; S 63 W, 65’; S 09 W, 49’ to a gum; S 02 E, 38’ to a leaning maple; S 06 W, 152’ to two white oak; S 19 W, 79’ to a 20” black oak; S 28 E, 180-1/2’ to a 7” beech; S 26 W, 138’ to a 12” white oak in an old wire fence which is the Vinney Patrick line; thence turning in a south easterly direction to an iron pin and stone on State Road; thence with said State Road S 45 W, 818 feet to point of beginning.

Being the same property Marvin Grubb and Rowina Grubb, husband and wife, obtained title to by deed dated the 18 day of June, 2004, executed by Irvin W. Looney, single, of record in Deedf Book 453 at Page 566 in the Office of the Whitley County Clerk.

Being the same property Irvin W. Looney, single, obtained title to by deed dated June 11, 1999, executed by Larry Ray Robbins and Ginger Robbins, his wife, of record in Deed Book 409 at Page 411 in the Office of the Whitley County Clerk.

Said property address is: 1552 Rocky Point School 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00933

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

VS.

CHRISTY CARR, F/K/A CHRISTY COX AND HER HUSBAND, JOHN CARR; US BANK-CUSTODIAN/ SASS MUNI V DTR; GEORGE E. DAMRON; COMMONWEALTH OF KENTUCKY, COURT OF JUSTICE; AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Christy Carr, f/k/a Christy Cox and John Carr, plus costs, are as follows:

(1) The principal sum in the amount of $62,497.58 as of March 1, 2010, plus interest at the rate of 10.50% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

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

DEED I:

BEGINNING on a white oak and stone a corner of Grantee’s old property and in the old Cycle Meadors boundary line; thence southeast 3 poles to a dogwood and maple, the Gerald Canada corner stone; thence up the drain in a northerly direction about 19 poles to a corner of Mary and Willard Cox and Gerald Canada corner, which is a white oak and stone; thence about 11 poles westerly to a stump in the Shelby Canada line being the Mary and Willard Cox corner, a stone; thence about 20 poles southerly to the BEGINNING.  Conveyed herein also is a right to use a sulphur spring nearby, and a fifteen feet wide right of way from this property to the County Road.

BEING THE SAME PROPERTY conveyed to Mortgagor, Christy Cox, n/k/a Christy Carr, by deed from Willard Cox, dated May 17, 2005, recorded in Deed Book 461, Page 182 of the Whitley County Court Clerk’s Office.

DEED II:

Unless stated otherwise, any monument referred to herein as a “Rebar and cap” is a set ½” diameter rebar, twenty-four inches (24”) in length, with a yellow plastic cap stamped “B.B.A., P.L.S. #3377”.  All bearings stated hereon are referred to the magnetic meridian as of October 10, 2006 taken along the northeasterly line of the herein described tract.

BEGINNING at a ½” Rebar and cap, said rebar located approximately 80 feet north of the intersection of State Highway 26 and Blackhawk Road and 24.45 feet northwest of the centerline of said highway, corner to the parent tract of Francis and Carol Blackhawk (Deed Book 395, Page 295) and Larry H. Brooks (Deed Book 415, Page 121), bearing S 05° 26’ 38” W, 58.87 feet to the center of the inlet end of a 3’x3’ stone box culvert; thence leaving said Brooks tract and running with said right-of-way S 15° 24’ 30” W, passing the northeasterly edge of a 20 foot right-of-way at 67.59 feet, the centerline of said Blackhawk Road at 77.85 feet, the southwesterly edge of said right-of-way at 88.03 feet and continuing for 0.25 feet for a total distance of 88.28 feet to a ½” Rebar and cap, corner to Roy L. Brooks (Deed Book 279, Page 437), bearing S 14° 58’ 42” E, 14.84 feet to the inlet end of a 24” CMP; thence leaving said highway and running with said Brooks tract S 67° 22’ 53” W, passing the end of a fence at 13.29 feet and continuing for 119.30 feet for a total distance of 132.59 to a Point, said point located in said fence with this existing fence being an agreed property line by said Roy L. Brooks and said Francis and Carol Blackhawk; thence continuing with said Brooks tract and said agreed fence the following calls: S 68° 45’ 46” W, 87.26 feet to a crosstie fence post, bearing N 68° 45’ 46” E, 20.00 feet to a ½” Rebar and cap (Witness Monument); N 74° 27’ 13” W, 19.81 feet to a Point; N 73° 35’ 20” W, 72.47 feet to a Point; N 74° 09’ 02” W, 49.41 feet to a Point; N 76° 20’ 13” W, 85.56 feet to a Point; and, N 78° 10’ 00” W, 35.10 feet to a ½” Rebar and cap, said rebar a new corner to said parent tract; thence leaving said Brooks tract and said agreed fence and severing said parent tract N 01° 14’ 56” E, passing the centerline of said road at 85.67 feet and continuing for 703.68 feet for a total distance of 789.35 feet to a ½” Rebar and cap, said rebar located in a fence line, corner to said Larry H. Brooks, bearing N 11° 20’ 29” W, 3.96 feet to a 30” white oak located in said fence line; thence running with said Brooks tract and said fence the following calls: S 31° 48’ 24” E, 95.50 feet to a Point; S 39° 39’ 01” E, 45.50 feet to a Point; S 32° 50’ 53” E, 115.00 feet to a Point; S 31° 36’ 40” E, 133.50 feet to a Point; S 30° 46’ 40” E, 145.00 feet to a Point; S 32° 12’ 29” E, 168.00 feet to a Point; S 33° 15’ 27” E, 32.32 feet to a Point; S 40° 53’ 16” E, 20.32 feet to a. Point; and, S 47° 43’ 08” E, passing the end of said fence at 22.40 feet and continuing for 55.80 feet for a. total distance of 78.20 feet to the POINT OF BEGINNING and containing a calculated area of 5.000 acres as per a boundary survey by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc., on October 10, 2006.

BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Arlie Reynolds and his wife, Lois Reynolds, dated July 14, 2007, recorded in Deed Book 478, Page 321 of the Whitley County Court Clerk’s Office.

Also included, a 1997 28×72 Dutch Mobile Home, Vin No. 10808G07-2011180011.

Said property address is: 150 Black Hawk 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 08-CI-00941

UNION BANK OF JELLICO, TENNESSEE, PLAINTIFF

VS.

ESTATE OF VERLIN RAY ROGERS; UNKNOWN SPOUSE OF VERLIN RAY ROGERS; KIM ROGERS, SHERRY GILLEY; JEFF ROGERS; JOHNNY ROGERS; DEBRA DAUGHERTY; ANY UNKNOWN HEIRS AND, WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 5, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 17, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Estate of Verlin Ray Rogers, Kim Rogers, Debra Daugherty, Jeff Rogers, Sherry Gilley, and Pat White, plus costs, are as follows:

(1) The principle sum in the amount of $12,170.60 as of October 2, 2008, plus interest on the Judgment at the rate of 12% per annum from the date of this Judgment until paid, plus court costs in the amount of $176.00, plus attorney fees in the amount of $1,000.00.

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

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the same land conveyed to Verlin Ray Rogers by deed from Wilma Sue Rogers dated May 15, 1995 and recorded in Deed Book 378, Page 396, Whitley County Clerk’s Office, and bounded and described as follows:

BEGINNING at a culvert on east side of U.S. Highway 25W at Pidgeon Roost Creek and running a southward course for a distance of six hundred and ninety four (694) feet; thence running an eastwardly course for two hundred and thirty two (232) feet to Clear Fork River; thence following a north easterly direction for six hundred and forty eight (648) feet to the mouth of Pidgeon Roost Creek; thence running a northwesterly direction for three hundred and eighty nine (389) feet back to the Beginning culvert at Pidgeon Roost Creek.

Earnest Perkins or his assigns shall have a sixteen (16) foot right-of-way across this property.

Said property address is: 10792 South Highway 25W, 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%) 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 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 April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-825

FLAGSTAR BANK, FSB,  PLAINTIFF,

VS.

LESLIE B. MABE, AND LAKESHIA M. MABE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 12, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 17, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Leslie B. Mabe and Lakeshia M. Mabe, plus costs, are as follows:

(1) The principal sum in the amount of $144,903.93, plus accrued interest to 10/29/2009 in the amount of $8,639.48, plus attorney fees (KRS 411.195) in the amount of $900.00, for a total in the amount of $154,443.41. 

The property to be sold is as follows:

Situate in the County of Whitley and Commonwealth of Kentucky, to-wit:

Lot 2 Skyview Estates:  Beginning on a set iron pin and cap in the northern edge of Skyview Lane (20 feet from centerline), said pin being a corner common to Lot 1, and located approximately 167 feet northwest of the intersection of Skyview Lane and KY Highway 25W, thence leaving line common to Lot 1 and with the northern edge of Skyview Lane (20 feet from approximate centerline) North 89° 37’ 35” West 174.79 feet to a set iron pin and cap, a corner common to Lot 3, thence leaving said road and with line common to Lot 3, North 09° 01’ 04” West 142.01 feet to a set iron pin and cap in a line common to (now or formerly) Verldon Smith (Deed Book 298, Page 519), thence with line common to said Smith South 89° 37’ 28” East 213.44 feet to a set iron pine and cap, a corner common to Lot 2, thence with line common to Lot 1 South 06° 40’ 36” West 140.96 feet to the point of beginning, containing 0.62 acres by survey conducted on November 26, 2003 by Richard A. Reece, PLS #3358 with H&R Surveying. 

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set ½ inch by 18 inch iron pin with orange plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the magnetic meridian as observed in the field on May 22, 2003.

Being the same property conveyed to Lakeshia S. Mabe and Leslie B. Mabe, husband and wife, by General Warranty Deed from Nealy M. Jenkins and Sherry L. Jenkins, husband and wife, dated June 17, 2005, recorded June 23, 2005 at 11:25 a.m. in Deed Book 462, Page 149 of the Whitley County Clerk’s Records.

PIDN 085-00-00-087.02

Said property address is:  56 Kendrah Lane, 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 (20%) twenty-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 22nd day of April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 09-CI-00395

CHASE HOME FINANCE, LLC,  PLAINTIFF,

VS.

WILLIAM S. SMITH a/k/a WILLIAM SMITH

VICKI SMITH, TAX EASE LIEN INVESTMENTS 1, LLC, US BANK CUSTODIAN SASS MUNI V DTR,      DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 12, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 17, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, William S. Smith a/k/a William Smith, Vicki Smith, Tax Ease Lien Investments 1, LLC, US Bank Custodian Sass Muni V DTR, plus costs, are as follows:

(1) The principal sum in the amount of $26,525.76, plus interest from 12/1/08 in the amount of $803.13, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $214.15, plus attorney fees (KRS 411.195) in the amount of  $1,100.0, for a total in the amount of $28,643.04.

The property to be sold is as follows:

BEGINNING on a stone at the north corner of the school property; thence with Highway No. 26 to the Johnny Hollow Road, a distance of 200 feet; thence east with the Johnny Hollow Road 880 feet to a stone at the LeForce corner; thence with said LeForce line south about 400 feet to a stone; thence west 762 feet to the corner of Lot No. 23 (the school property land); thence north 200 feet to a stone; thence west 300 feet with the school property line to the Beginning corner.  This covers Lots 27, 28, 29, 30, 31 and 32 as outlined on the map in Map Book 1, Page 106, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

Being the same land acquired by William S. Smith by deed from Jean Logan, Executrix of the Estate of Mary Carman, deceased, et al, dated October 13,1994, and of record in Deed Book 374, Page 725, Whitley County Clerk’s Office.

Said property address is:  6848 Highway 26, Rockholds, KY 40759.

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 22nd day of April, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

NOTICE OF INTENTION TO MINE Pursuant to Application 918-0415, Renewal

In accordance with the provisions of KRS 350.055, notice is hereby given that D & H Coal Company of Laurel County, Inc., P. O. Box 1016, Williamsburg, Kentucky 40769 has applied for renewal of a permit for a surface coal mining and reclamation operation affecting 58.4 surface acres located 1.0 mile west of the community of Faber in Whitley County.

The proposed operation is approximately 0.1 mile northwest from the junction of KY Route 26 and Faber Corinth Road and located 0.3 miles west of Watts Creek. The proposed operation is located on the Wofford and Vox U.S.G.S. 7 ½ minute quadrangle maps. The operation will use the area, remining and auger methods of surface mining. The surface area is owned by Cumberland College and Carl & Virginia Smith.

The application has been filed for public inspection at the Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, Kentucky 40965. Written comments or objections must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow Complex, U.S. 127 South, Frankfort, Kentucky 40601.