Legal Notices for 10/14/15

 

 NOTICE is hereby given that the following vehicle is for sale: 2003 Nissan Altima, VIN# 1n4al11d53c322158, owned by Zachary Durham, lien holder, J. Webb Auto Sales. The vehicle is located at Gentry’s Auto Repair, 1205 S Main St., Corbin, KY 40701, phone 606/523-5800.

 

BID NOTICE:

The Whitley County Health Department will be accepting sealed bids on the following vehicle: 1990 – 2WD Jeep Cherokee.

The vehicle is located at the Whitley County Health Department, 368 Penny Lane, Williamsburg. This vehicle will be sold as is. Sealed bids are due in the Williamsburg office by noon on Friday, October 23, 2015. The Whitley County Health Department reserves the right to reject any and all bids. For more information, please call Bill Freeman or Cindy Rice at (606) 549-3380.

 

NOTICE OF BOND SALE

The Whitley County School District Finance Corporation, will until 11:00 A.M., E.D.S.T., on October 27, 2015, receive in the office of the Kentucky School Facilities Construction Commission, Suite 102, 229 W. Main Street, Frankfort, Kentucky 40601, competitive bids for its $3,430,000 School Building Refunding Revenue Bonds, Second Series of 2015, dated November 17, 2015; maturing April 1, 2016 and October 1, 2016 through 2026. Specific information and required Official Bid Form available in POS at www.hilliard.com from J.J.B. Hilliard, W.L. Lyons, LLC. BQ

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0476,

In accordance with KRS 350.055 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for a permit for a surface, auger/highwall  coal mining and reclamation operation affecting 161.39 acres located 3.9 miles southeast of Rockholds in Whitley County.

The proposed operation is approximately 0.8 miles northwest of KY 779 junction with KY 3423 and located 2.2 miles northwest of the confluence of an un-named tributary of Meadow Creek with Meadow Creek.

The proposed operation is located on the Rockholds, KY 7½ minute quadrangle map.  The operation will use a combination of contour, area and auger/highwall miner methods of surface mining.  The surface and auger/highwall mining area is owned by Donald Bunch, Loyd Jackson, Don Young, Gary McKeehan, Tommy Freeman, Thomas Neal and Michele Neal.  The operation will affect an area within 100 feet of public road (CR) Springtown Road. The operation will not involve relocation or closure of the public road.

This is the final advertisement of the application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date. The application has been filed for public inspection at the Department for Surface Mining and Reclamation and Enforcement’s, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, 2 Hudson Hollow Road, U.S. 127 South, Frankfort, Kentucky 40601.                   

 

Notice of Bond Release

Permit #918-5197

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 Increment No. 1 of permit number 918-0517 which was last issued on March 12th 2015. The application covers an area of approximately 738.90 acres located approximately 1.5 miles Southwest of Lick Fork  Road’s intersection with KY Hwy 92, and approximately 0.9 miles west of Poplar Creek in Whitley County, Kentucky.  The operation is further located 1.5 miles southwest of the community of Carpenter, Kentucky. 

The bonds now in effect are as follows:

Increment one (1) is a Surety Bond in the amount of $ 491,000.00. Approximately 60% of the original bond amount of $ 491,000.00 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 March 2015.

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 November 20, 2015.

A public hearing on the application has been scheduled for November at 9:00 am 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 November 20, 2015.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. HWY 25W, Williamsburg, KY 40769 has applied for a Phases I Bond Release on Increment 1 of Permit #918-0465, which was last issued on May 13, 2015. The application covers an area of Approximately 150.7 acres of surface area located 2.4 miles northeast of the community of Siler and 1.8 miles north of the confluence of Harpes creek and Puncheon branch in Whitley County. The permit area is approximately 1.16 miles north of the intersection of Puncheon Branch Road and Harpes Creek road.  The latitude is 36° 41’ 51” N and the longitude is 83° 55’ 33”W.

The bond now in effect on Increment 1 is a Letter of Credit for $4,000.00, and $6,000.00 by the Kentucky Reclamation Guaranty Fund. The required bond amount for increment 1 is $373,400.00. In accordance with an Agreed Order between The Kentucky Energy and Environmental Cabinet, Department for Natural Resources and Mountainside Coal Co., Inc., the remainder of the bond after Phase 1 bond release (approximately $150,000.00) will be posted by Mountainside Coal Co., Inc.

Reclamation work performed includes: Backfilling, grading, fertilizing, seeding and mulching.

Written comments, objections or requests for a public or informal conference must be filed with the

Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by December 4, 2015

A public hearing on the application has been scheduled for 11:00 a.m. Monday, December 7, 2015 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 hearing or informal Conference is received by: December 4, 2015.  

 

Notice of Bond Release

In accordance with KRS 350.093, notice is hereby given that Clear Energy Corporation, P.O. Box 1385 Lafollette, TN. 37766 has applied for a Phase I Bond Release on increment no.’s 1 and 2 of Permit 918-0446 which was last issued on April 06, 2015.   The application covers an area of approximately 80.8 acres located 1.2 miles Northeast of the community of Rockholds in Whitley County, Kentucky.      

The permit area is approximately 1.1 miles Northeast of Watts Creek and 1.0 miles Northeast of Colonel Hollow Road’s intersection with Highway 26. The latitude is 36 degrees, 50 minutes and 34 seconds. The longitude is 84 degrees, 06 minutes and 17 seconds.

The bonds now in effect are as follows:

Increment one (1) is a Surety Bond in the amount of $75,000.00. Approximately 60% of the original bond amount is included with this application. Increment two (2) is a Surety Bond in the amount of $301,600.00. Approximately 60% of the original surety bond amount is included with this application.

Reclamation work performed includes: Backfilling, grading and re-grading, drainage control including initial seeding and mulching of disturbed and graded areas in accordance with the approved reclamation plan that was completed on July 10, 2015.

Written comments, objections and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601 by December 04, 2015.

A public hearing on the application has been scheduled for December 07, 2015, 9:15 a.m., at the Department for Surface Mining and Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. The hearing will be cancelled if no request for hearing or informal conference is received by December 04, 2015.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION I

CIVIL ACTION NO. 13-CI-00071

FORCHT BANK, NA, f/k/a TRI-COUNTY NATIONAL BANK, PLAINTIFF VS: RICHARD W. EPPERSON and his wife, EDITH EPPERSON; UNKNOWN SPOUSE OF CHRISTINE L. CONCHAS; CITIFINANCIAL SERVICES, INC.; JAMOS FUND I, LP; 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 May 6, 2013 (and a subsequent Order was entered July 27, 2015 granting the Plaintiff, Forcht Bank, NA, Relief from Stay in the Chapter 13 Bankruptcy Case #14-60004 – Doc#56); and a subsequent Order entered August 3, 2015.  I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, October 19, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Richard W. Epperson and Edith Epperson, plus costs, is as follows:

(1) The sum in the amount of $43,514.41, plus interest thereon at the rate of 8% per annum ($9.434663 per day) from January 29, 2013 until date of judgment and thereafter interest at the judgment rate of 12% per annum until pain in full.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   105 5th Street, Corbin, KY 40701.

Current Parcel Number: 137-41-22-002.00

BEGINNING on a sycamore at the south line of Fifth Street; thence eastward with Fifth Street (50) feet to an alley; thence southward with said alley seventy (70) feet to Charley Smith’s line; thence westward with said Smith’s line fifty (50) feet to a stake; thence northward and parallel with aforesaid alley seventy (70) feet to the BEGINNING.

Being the same real property conveyed to Mortgagor by deed from Georgia Luster Peace, single, dated February 2, 2007, recorded in Deed Book 475, Page 30 of the Whitley County Court Clerk’s Office.

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 thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 28th day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00591

Branch Banking and Trust Company, Plaintiff, VS. Joshua K. Meadors; Stacy Dawn Meadors, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on august 17, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on  Monday, October 19, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Joshua K. Meadors and Stacy Dawn Meadors, plus costs, is as follows:

(1) The principal sum in the amount of $67,978.54, plus interest from 4/1/2014 in the amount of $3,397.03, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,597.51, plus property inspection fees in the amount of $68.62, plus suspense in the amount of ($305.00) for a total in the amount of $72,556.70, together with interest at the rate of 4.6250 percent per annum from the date above until paid; plus late charges, advances for taxes and insurance, and its costs herein expended, including attorney’s fees in the amount of $2,250.00, plus any other fees expended for services performed in connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the Mortgage instrument.

The said real property is located at 206 16th Street, Corbin, KY 40701 in Whitley County, Kentucky and is more specifically described as follows:

Block Lots No. 7 and 8 of Block H of said Pershing Park Addition in Corbin, Kentucky, see plat recorded in Deed Book 87, Page 284, Whitley County Clerk’s Office, to which reference is hereby made the same as if set forth and copied at length herein.

The above lot is subject to all the restrictions cited on the Plat of the Pershing Park Addition to Corbin, recorded in Deed Book 87 at Page 284, Whitley County Clerk’s Office.

Being the same property conveyed to Joshua K. Meadors and Stacy Dawn Meadors, husband and wife, from Jerry A. Rickett and Helen Elaine Taylor Rickett, by deed dated August 27, 2010 and recorded on August 31, 2010 in Deed Book 497, Page 695, Whitley County Clerk’s Office.

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 thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 28th day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION II

CIVIL ACTION NO. 15-CI-00227

DAVID L. SCARBOROUGH and his wife, MARGIE SCARBOROUGH; DORIS WHITE and her husband, JIMMIE WHITE; and VICKIE FUSON, single, PLAINTIFFS VS: LINDA TABOR and her husband, HAROLD TABOR; MARYETTA HOBBS,  a/k/a MARY ETTA HOBBS, single; LAURA TAYLOR and her husband, LARRY TAYLOR; JIMMY JOHN SCARBOROUGH, a/k/a JIMMY J. SCARBOROUGH, and his wife, SHANNON SCARBOROUGH; JOHN YOUNG, a/k/a JOHNNY A. YOUNG, single; ROBERT YOUNG,single; DEAN YOUNG, a/k/a JOHN DEAN YOUNG, single; TAMMY McFERRON and her husband, JASON McFERRON; WILLIAM YOUNG and his wife, STEPHANIE YOUNG; WILLIAM SCARBOROUGH and his wife, CHRISTINA SCARBOROUGH; JOEY SCARBOROUGH, single; MICHAEL SCARBOROUGH and his wife, CHRISTINA SCARBOROUGH; ERIC SCARBOROUGH and his wife, JESSICA SCARBOROUGH; PATRICIA SCARBOROUGH, single; CHRISTOPHER SCARBOROUGH, single; CREDIT ACCEPTANCE CORPORATION; CAPITAL ONE BANK (USA) NA; 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 July 20, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, October 19, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment is for land partition and out of the proceeds of the sale a reasonable attorney fee for Plaintiff’s attorney shall be reimbursed along with all costs incurred, and the balance of the sale proceeds shall be distributed as indicated in the judgment herein.

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

BEGINNING on Kentucky Highway 26, formerly U.S. Highway 25W at its junction with a farm road; thence leaving the highway and with the farm road 96 feet to a stone in the edge of the farm road; thence leaving the road and in a northern direction 133 feet to a stone; thence Northeast 338 feet to a stone; thence westward 148 feet to Kentucky State Highway 26; thence with the Highway 230 feet to the point of BEGINNING.

BEING the same property conveyed to William Scarborough and his wife, Annie Scarborough, by survivorship deed from Ran Scarborough and Sarah Scarborough, dated July 7, 1960, recorded in Deed Book 201, Page 6 of the Whitley County Court Clerk’s Office.  See also Deed conveyed to Annie Scarborough by deed from John A. Young and his wife, Betty Young, dated May 8, 1970, recorded in Deed Book 232, Page 485 of the Whitley County Court Clerk’s Office.  See Affidavit of Descent of Annie Scarborough, dated February 14, 2014, recorded in Deed Book 520, Page 418 of the Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 1710 Old Corbin Pike 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 ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

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

Dated this 28th day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 14-CI-507

THE BANK OF NEW YPRK MELLON f/K/A THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE FOR JPMORGAN CHANSE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2003-3, PLAINTIFF, VS. GINA R. STEPHENS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; UNKNOWN SPOUSE OF GINA R. STEPHENS; UNKNOWN SPOUSE OF MARTY STEPHENS; MARTY STEPHENS, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 3, 2015; I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, October 19, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendant, Gina R. Stephens, plus costs, is as follows:

(1) The principal sum in the amount of $84,097.32, plus interest at a rate of 8.9900% per annum from June 12, 2015 until paid and its costs.

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

Property Address:  140 Village Circle Drive, Williamsburg, KY 40769.

PIDN: 091-00-00-011.06

BEGINNING AT THE CORNER OF VILLAGE CIRCLE AND CROLEY BEND ROAD, THENCE RUNNING NORTH 77 DEGREES 57 MINUTES 19 SECONDS EAST 655.61 FEET BEING THE CORNER OF LOT #6. LOT #6 BEING CONVEYED IN THIS DESCRIPTION: THENCE RUNNING SOUTH 34 DEGREES 52 MINUTES 06 SECONDS EAST 238.03 FEET; THENCE RUNNING SOUTH 56 DEGREES 01 MINUTES 00 SECONDS WEST 260.00 FEET, THENCE RUNNING SOUTH 57 DEGREES 36 MINUTES 58 SECONDS EAST 394.31 FEET, THENCE RUNNING SOUTH 56 DEGREES 56 MINUTES 49 SECONDS WEST 107.55 FEET, REFERENCE PLAT BOOK 4, PAGE 224, SLIDE 380-A BEING LOT #6,

AND

1999 LEGACY, LEGEND 28 FEET BY 76 FEET MOBILE HOME, SERIAL NUMBER HLS7365ABAL.

BEING THE SAME PROPERTY CONVEYED TO MARTY STEPHENS AND GINA R. STEPHENS, HUSBAND AND WIFE EXECUTED BY CONSECO FINANCE SERVICING CORP. (F.K.A. GREEN TREE FINANCIAL SERVICING CORP.), BY DEED DATED MAY 31, 2001 AND RECORDED IN DEED BOOK 427, PAGE 242 IN THE WHITLEY COUNTY CLERK`S OFFICE

AND FURTHER CONVEYED TO GINA R. STEPHENS FROM MARTY A. STEPHENS AND GINA R. STEPHENS BY QUITCLAIM DEED DATED 03/27/2006 AND OF RECORD IN BOOK 468, PAGE 65 IN THE OFFICE OF THE CLERK OF WHITLEY COUNTY, KENTUCKY.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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 thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 28th day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 27TH JUDICIAL CIRCUIT

KNOX CIRCUIT COURT DIVISION I

CIVIL ACTION NO. 15-CI-00171

WHITAKER BANK, INC.,  PLAINTIFF VS: VANCE RENTAL PROPERTIES, LLC; FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO TRI-COUNTY NATIONAL BANK; SPRING HILL SIGNS, LLC;DAK PROPERTIES OF CORBIN LLC; CITY OF CORBIN, KENTUCKY; WHITLEY COUNTY, KENTUCKY; AND KNOX COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Knox Circuit Court which was tendered on June 30, 2015 and entered of record on August 10, 2015, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, October 19, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Vance Rental Properties, LLC, plus costs, is as follows:

(1) The sum in the amount of $152,155.63 as of June 24, 2015, plus interest at the rate of 6.5% per annum until paid, plus Court costs and reasonable attorney fees.

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

604 Fifth Street, Corbin, Whitley County, Kentucky 40701

Certain tracts or parcels of land lying in Whitley County, Kentucky, and bounded and described as follows:

Tract I: BEGINNING on a stake in the north line of Fifth Street at the S.W. corner of Lot #1; thence N 11-45 E 115 feet to a stake in line of alley; thence with line of alley S 78-15 W 50 feet to a stake at the N. E. corner of Lot #5; thence with the line of Lot #5, S 11 45 E 115 feet to a stake in line of Fifth Street; thence with line of said Street N 78-15 E 50 feet to the BEGINNING. This tract is Lot #3 of Block #89 as shown in plat of West End Land Company’s Addition to the town of Corbin, and which is of record at Whitley County Court Clerk’s Office.

          And

Tract II: A tract of land in Corbin, Whitley County, Kentucky, located on the Northwest corner of 5th Street and Sycamore Street, and is more particularly described as follows:

BEGINNING at a point on the West edge of the sidewalk, said point being 79.30 feet North of the intersection of the North edge of the sidewalk on 5th Street and said West edge of the sidewalk on Sycamore Street and also being in line with existing chain link fence; thence S 78-15-00 W. 50.00 feet to a point in the line of Lot #3; thence with the line of said Lot #3 N 11-45-00 W 35.70 feet to a stake in the line of an alley; thence with said alley N 78-15-00 E 50.00 feet to the line of Sycamore Street; thence with said Street S 11-45-00 E 35.70 feet to the point of beginning, containing 1785.00 sq. ft.

BEING THE SAME PROPERTY acquired by Vance Rental Properties, LLC, by deed dated September 30, 2010, from D & D Rental Properties, LLC, and recorded October 11, 2010 in Deed Book 498, at page 446, of the Whitley County Clerk’s Office.

 202 Padgett Street, Corbin, Whitley County, Kentucky 40701

BEGINNING at a stake in the west line of said Padgett Street at the S.E. corner of the Charles Ayers lot; thence with the west line of Padgett Street S 1 ½ E 42 feet to a stake; thence westward 141 ½ feet to Hill or Doody Street; thence with the East line of said Street 42 feet to the Charles Ayers S.W. corner; thence eastward with the Ayers line 141 ½ feet to the BEGINNING.

BEING ALL THE SAME LAND conveyed to Vance Rental Properties, LLC, by Deed dated September 30, 2010 from D & D Rental Properties, LLC, and recorded October 11, 2010 in Deed Book 498, at page 440 of the Whitley County Clerk’s Office. (This property has been conveyed by Deed dated February 14, 2013 to DAK Properties of Corbin LLC, and recorded in Deed Book 513, Page 396 of the Whitley County Clerk’s Office.)

162 & 164 Short Street, Rockholds, Whitley County, Kentucky 40759

TRACT ONE:

BEGINNING at a stone at the old road (Imperial Railroad bed and right of way); thence eastwardly following the right of way a distance of 135 feet to a stone; thence northwardly a distance of 35 feet to  stone; thence westwardly a distance of 135 feet to a stone at the old road; thence southwardly a distance of 35 feet to the BEGINNING.

Located on the real estate is a 1981 Clayton 14×70 mobile home, Vin No. TEN07113.

TRACT TWO:

BEGINNING on a stone in the corner of Ike Rapier’s lot and the old road (Imperial Railroad Bed); thence with the east line of Rapier’s lot extending 133 feet to a set stone; thence about South 133 feet to a stone; thence West 135 feet to the old road; thence about north with the road right of way 126 ½ feet to the BEGINNING corner.

There is an oil reservation in the former Deed (see Deed Book 201, Page 274).

There is excepted herefrom that certain portion of land conveyed to Donald R. Mullis, Sr. from Marie Mullis Parks by Deed of conveyance dated June 28, 1982, and recorded July 7, 1982 in Deed Book 294, at page 405, Whitley County Court Clerk’s Office.

BEING ALL THE SAME LAND conveyed to Vance Rental Properties, LLC, by Deed dated September 30, 2010, from D & D Rental Properties, LLC, and recorded October 11, 2010 in Deed Book 498, at page 437, in the office of the Whitley County Court Clerk.

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 thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 28th day of September, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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