Legal Notices for 10/15/14, page 1
Time Warner Cable’s agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time. We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations, we must inform you when an agreement is about to expire. The following agreements are due to expire soon, and we may be required to cease carriage of one or more of these services or stations in the near future: Youtoo, Jewelry TV, Outdoor Channel (SD & HD), RFD, WPSD D2 Antenna TV, Pivot, Weather Channel (SD & HD).
In addition, from time to time we make certain changes in the services that we offer in order to better serve our customers. The following changes are planned:
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COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION NO. I
CIVIL ACTION NO. 14-CI-00385
VANDERBILT MORTGAGE AND FINANCE, INC, PLAINTIFF. vs. JONATHAN W. TYE A/K/A JONATHAN WAYNE TYE; JENNIFER R. TYE; COMMONWEALTH OF KENTUCKY, DIVISION OF UNEMPLOYMENT INSURANCE; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 2, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Jonathan W. Tye A/K/A Jonathan Wayne Tye and Jennifer R. Tye, jointly and severally, plus costs are as follows:
(1) The principal sum of $47,577.58, together with accrued interest thereon at the Note rate of 7.52% starting from November 1, 2013 until paid, plus accrued interest, for any other charges which have accrued; and for its costs expended, plus its attorney fees which are not included in the judgment, but will be determined at a subsequent hearing.
(2) Also included in the sale is a 2012 Clayton manufactured home VIN: CLM093199TN.
The property is located at 1112 Highway 26, Williamsburg, KY 40769, and more particularly described as follows:
BEGINNING at the new stake on the east side of Highway 26; thence 200 feet northeast to an existing stake (now under pavement) at Wofford Cemetery Road; thence 42 feet southeast to an existing stake (now under pavement) on Wooford Cemetery Road; thence 65 feet south to an existing stake on the west side of Richard Mack Road; thence 140 feet south to an existing stake on the west side of Richard Mack Road; thence 145 feet west to the point of Beginning.
Being the same property conveyed to Jonathan Wayne Tye, by Deed dated April 10, 2012, being of record in Deed Book 507, Page 351, 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 shall only be required to pay costs and expenses of the sale and they may take a credit upon its judgment, 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 30th day of September, 2014.
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 I
CIVIL ACTION NO. 14-CI-00386
L&N FEDERAL CREDIT UNION, PLAINTIFF VS: CHARITY E. WYNN; and COMMONWEALTH CREDIT UNION, INC., DEFENDANTS
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 4, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The personal judgment against the Defendant, Charity E. Wynn, plus costs is as follows:
(1) The sum in the amount of $90,471.17, plus interest on the principal balance of $89,420.43 at the contract rate of 3.125% per annum from June 16, 2014 until paid. The additional sum in the amount of $415.54 as costs herein expended; and attorney fees in the amount of $1,800.00, shall be reimbursed to the Plaintiff from the proceeds of the sale.
Property Address is: 99 Cardinal Heights, Williamsburg, KY 40769.
The following property located in Whitley County, Kentucky, to-wit:
BEING LOT NUMBER FIVE (5) of the residential development identified as Cardinal Hills Estates Subdivision located in Whitley County, Kentucky; and for a more complete and detailed description of said lot, reference is hereby made to the map or plat of said subdivision development dated June 12, 1975 and appearing of record in Plat Cabinet 1, at slide 190, in the office of the Whitley County Clerk at Williamsburg, Kentucky.
BEING ALL THE SAME LAND acquired by Charity E. Wynn and Trent Wynn, wife and husband, by deed of conveyance from First State Financial, Inc., dated February 19, 2009 and recorded in Deed Book 488, at page 666, in the clerk’s office aforesaid.
FOR FURTHER SOURCE OF TITLE reference is hereby made to the quitclaim deed from Trent Wynn, unmarried, to Charity E. Wynn dated August 11, 2011 and recorded in Deed Book 503, at page 646, in the clerk’s office aforesaid.
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 sixty (60) 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, and the purchase price is less than the amount of the Plaintiff’s judgment, then, and in that event, they 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 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 2014 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 30th day of September, 2014.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P. O. BOX 1344, CORBIN, KY 40702; PHONE:606-528-0616
COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION NO. II
CIVIL ACTION NO. 08-CI-550
CitiMortgage, Inc., Plaintiff, VS. Nickey D. Smith; County of Whitley; Hamilton Mortgage Company, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 4, 2013, and a subsequent Order entered February 25, 2013 Amending the Judgment and Order of Sale, and subsequent Orders entered July 21, 2014 and August 18, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Nickey D. Smith, plus costs, is as follows:
(1) The principal sum in the amount of $87,047.85, plus interest from 02/1/09-12/16/11 in the amount of $13,519.51, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $3,770.13, plus property inspection fees in the amount of $858.68, plus speed pay fee in the amount of $20.00, plus interest escrow advance in the amount of $91.30, plus late charges in the amount of $167.20, for a total in the amount of $105,201.67, together with interest at the rate of 5.8750 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,500.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.
Property Address: 7002 East Highway 904, Williamsburg, KY 40769.
BEGINNING ON FOUND CROSS TIE POST IN THE NORTHEAST EDGE OF KY HIGHWAY 904 (30 FEET FROM APPROXIMATE CENTERLINE), SAID POST BEING A CORNER COMMON TO (NOW OR FORMERLY) WESLEY RAINS (DB 157 PG 065), AND THE NORTHWEST CORNER OF THE TRACT DESCRIBED HEREIN, THENCE LEAVING SAID HIGHWAY AND WITH LINE COMMON TO SAID RAINS N 73-45-30 E 248.79 FEET TO A SET IRON PIN AND CAP, THENCE LEAVING LINE COMMON TO SAID RAINS AND WITH LINE COMMON TO AMANDA PERKINS (DB 226 PG 235) S 45-53-28 E 186.95 FEET TO A SET IRON PIN AND CAP, THENCE LEAVING LINE COMMON TO SAID PERKINS AND WITH 3 NEW DIVISION LINES SEVERING THE PARENT TRACT S 65-15-51 W 114.80 FEET TO A SET IRON PIN AND CAP, THENCE S 18-59-38 W 24.33 FEET TO A SET IRON PIN AND CAP, THENCE S 56-02-11 W 148.78 FEET TO A SET IRON PIN AND CAP IN THE NORTHEAST EDGE OF KY HIGHWAY 904 (30 FEET FROM APPROXIMATE CENTERLINE), THENCE ALONG THE NORTHEAST EDGE OF SAID HIGHWAY N 34-21-31 W 47.82 FEET TO A POINT, THENCE N 32-14-32 W 207.16 FEET TO THE POINT OF BEGINNING, CONTAINING 1.26 ACRES BY SURVEY CONDUCTED ON JANUARY 20, 2006 BY RICHARD A REECE, PLS#3358 WITH H&R SURVEYING.
THERE IS EXCEPTED FROM THE ABOVE DESCRIBED TRACT AN EASEMENT 20 FEET IN WIDTH FOR THE PURPOSE OF INGRESS AND EGRESS TO THE REMAINING LANDS OF AMANDA PERKINS AND DESCRIBED ALONG THE CENTERLINE AS FOLLOWS: BEGINNING ON A POINT LOCATED S 32-14-32 E 18.04 FEET FROM THE NORTHWEST CORNER OF THE TRACT DESCRIBED ABOVE (FOUND CROSS THE POST), THENCE N 72-37-57 E 45.36 FEET TO A POINT, THENCE N 80-15-05 E 98.65 FEET TO A POINT, THENCE N 86-22-48 E 47.84 FEET TO A POINT, THENCE N 80-52-29 E 62.90 FEET TO A POINT, THENCE N 67-29-09 E 16.52 FEET TO A POINT IN THE NORTHEAST BOUNDARY AND THENCE TERMINATING.
UNLESS STATED OTHERWISE ANY MONUMENT REFERRED TO HEREIN AS A “SET IRON PIN AND CAP” IS A SET 1/2 “ BY 18” IRON PIN WITH ORANGE OR RED PLASTIC CAP STAMPED H&R PLS#3358. ALL BEARINGS GIVEN HEREIN REFERENCED TO THE MAGNETIC MERIDIAN AS OBTAINED FROM A PREVIOUS SURVEY OF THE PARENT TRACT DATED AUGUST 23, 2002
Being the same property conveyed by Amanda Lovelace and Elmond Lovelace, husband and wife, to Nickey D. Smith, unmarried, by Deed dated March 7, 2006, and filed for record on April 27, 2006 in Deed Book 468, Page 745 in Barren 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 one-third percent down (1/3%) 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 30th day of September, 2014.
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. 13-CI-310
U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSMPS Mortgage Loan Trust 2005-RP3, Plaintiff, VS. Karen M. Helton aka Karen Helton; Rema W. Helton aka Remy Helton; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY- Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 16, 2013, and a subsequent Order entered November 21, 2013 Amending the Judgment and Order of Sale, and a subsequent Order entered August 18, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Karen M. Helton aka Karen Helton and Rema W. Helton aka Remy Helton, plus costs, is as follows:
(1) The principal sum in the amount of $27,451.20, plus interest from 10/1/12 in the amount of $1,328.42, plus late charges in the amount of $301.20, plus property inspection fees in the amount of $385.41, plus escrow balance credit in the amount of $302.49, for a total in the amount of $29,163.74 together with interest at the rate of 7.0000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.
Property Address: 1465 Maple Creek Road, Williamsburg, KY 40769.
BEGINNING on a stake, at the corner of Cledia Faulkner’s and Gracie Cain’s line; thence at the old country road; thence S 46 W 200 feet; thence S 56 W 200 feet; thence S 76 W 244 feet; thence N 50 W 100 feet; thence N 41 W 280 feet to a sweet gum tree corner; thence S 37 E 300 feet; thence S 63 E 100 feet to a stake; thence N 62 E 100 feet; thence N 65 E 100 feet, N 55 E 100 feet, N 65 E 100 feet to the beginning.
Being the same property conveyed to Karen M. Helton and Rema W. Helton, wife and husband, by deed dated November 30, 2001 and recorded December 01, 2001 in Deed Book 431 Page 281 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 one-third percent down (1/3%) 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 30th day of September, 2014.
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-00222
COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. JAMES SCOTT SERGENT aka JAMES SCOTT SARGENT; JESSICA SERGENT; CENTRAL FINANCIAL SERVICES, INC; AND DISCOVER BANK, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 31, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The Judgment against the Defendant, James Scott Sergent, aka James Scott Sargent, plus costs is as follows:
(1) The principal sum in the amount of $28,636.63, plus unpaid interest of $475.53, plus late charges of $397.90, plus other fees of $627.37 for a total payoff of $30,181.43, plus interest and accruing daily at a rate of $2.3863858 (as of March 19, 2014).
Property Address: 905 Tyes Ferry Road, Rockholds, KY 40759.
BEGINNING at a stake at the edge of Tye’s Ferry Road (KY 511); thence with said road Eastward 187-1/2 feet to a stake in a fence line at Cotterell’s corner; thence with the Cottrell fence Southward 260 feet to a stake, a corner common to Cottrell and Leland and Joie Wells; thence a conditional line between the parties running West 140 feet to a stake; thence North 150 feet to a stake; thence Northwest including the driveway 140 feet to a stake at edge of said State HWY 511, the beginning.
Ainer Jackson and Irene Jackson have previously reserved the Blue Gem Coal with the right to ingress and egress to remove same in a prior deed dated February 28, 1978, recorded in Deed Book 272, at Page 553-554, Whitley County Court Clerk’s Office.
Being the same real property conveyed to Leland Wells and wife, Joie Wells, by deed from James Carter and wife, Audry Carter, dated December 11, 1998, of record in Deed Book No. 405, Page 158, Whitley County Court Clerk’s Office.
Being the same property conveyed to James Scott Sargent, a single person in deed dated May 6, 2002 from Leland Wells and Wife, Joie Wells and recorded in Deed Book 435, Page 104 in 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 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, 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 30th day of September, 2014.
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. 13-CI-393
Bank of America, N.A., Plaintiff, VS. Crystal Smith, individually and as Executrix of the Estate of Margaret Durham; Unknown Defendant, Spouse of Margaret Durham; Unknown Defendant, Spouse of Crystal Smith; Timothy Durham; Unknown Defendant, Spouse of Timothy Durham, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 21, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, plus costs, is as follows:
(1) The principal sum in the amount of $96,109.78, plus interest from 05/1/12 in the amount of $9,611.04, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,218.91, plus property preservation in the amount of $1,734.48, plus tax lien in the amount of $22.00, for a total in the amount of $109,696.21, together with interest at the rate of 5.0000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,150.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.
Property Address: 3278 Highway 511, Corbin, 40701.
The land referred to in this commitment is described as follows:
A certain tract or parcel of land lying in Whitley County, Kentucky, and being the same land conveyed to the first parties by Jack Ford and wife, Pamela Ford, by deed dated April 30, 1993, and of record in Deed Book 363, Page 317, Whitley Court Clerk’s Office, and bounded and described as follows:
Beginning at a set stone in the Buffalo Road at Sexton’s corner, thence with the Buffalo Road in an eastern direction 200 feet to a set stone; thence about north 297 feet to an oak tree in Sexton’s line; thence with Sexton’s line 358 feet to the beginning corner. This lot is in the form of a triangle.
Being the same property conveyed to Margaret Durham from Ramona Duncan, a single person, and David Tucker, a single person, in 7/15/99 and recorded on 7/20/99 in Deed Book 410 Page 503 of the records of the Whitley County Clerk’s Office. Margaret M. Durham died 2/23/12.
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 percent down (1/3%) 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 30th day of September, 2014.
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. 13-CI-00654
U.S. BANK, N.A., AS TRUSTEE ON BEHALF OF MID-STATE TRUST VI, BY GREEN TREE SERVICING LLC, AS SERVICER WITH DELEGATED AUTHORITY, PLAINTIFF, VS. BARBARA PHIPPS; WAYNE SUPPLY a/k/a WHAYNE SUPPLY COMPANY p/k/a WAYNE SUPPLY, INC.; JOHN O. RATLIFF; KELVIN HART; WENDY HART; EDGAR A. BEASLEY; JANICE SUE BEASLEY; DELORES JUNE DELPH; JAMES D. DURHAM; FIRST NATIONAL BANK & TRUST CO of CORBIN NOW KNOWN AS WHITAKER BANK; LEWIS HELTON; HARCE MCDARIES; SYLVIA MCDARIES; OTIS SMITH, JR.; SHIRLEY SMITH; FRED J. WARWICK; AND WHITLEY COUNTY, KENTUCKY; AND UNKNOWN SPOUSE OF BARBARA PHIPPS; UNKNOWN SPOUSE OF DELORES JUNE DELPH; UNKNOWN SPOUSE OF FRED J. WARWICK-(CAROLYN WARWICK); UNKNOWN SPOUSE OF HARCE MCDARIES; UNKNOWN SPOUSE OF JAMES D. DURHAM; UNKNOWN SPOUSE OF JOHN O. RATLIFF; UNKNOWN SPOUSE OF LEWIS HELTON; AND UNKNOWN SPOUSE OF SYLVIA MCDARIES, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 16, 2014, and subsequent Order entered June 20, 2014, 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 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The IN REM Judgment against the Defendant, Barbara Phipps, plus costs is as follows:
(1) The sum in the amount of $21,478.66 as of September 15, 2013, with interest thereon at the contract rate of 10.00% per annum until the date of entry hereof, and thereafter at the contract rate, until paid.
Property Address: 264 Rock Castle Street, Corbin, Kentucky 40701
Beginning on an iron pin of right of way intersection of Rockcastle Road and I-75; Thence North 17 degrees 07 minutes 01 seconds East for a distance of 276.74 feet with the right of way of I-75 to an iron pin on north bank of a branch; thence South 52 degrees 07 minutes 11 seconds East for a distance of 134.15 feet leaving right of way to an iron pin in said branch; thence South 31 degrees 50 minutes 07 seconds West for a distance of 218.09 feet to an iron pin on right of way of Rockcastle Road; thence North 82 degrees 40 minutes 50 seconds West for a distance of 31.31 feet with said road right of way to an iron pin; thence South 88 degrees 52 minutes 02 seconds West for a distance of 41.25 feet with said road right of way to the point of beginning.
Together with and subject to covenants, easements, and restrictions of record. Said property contains 0.5542 acres more or less.
The conveyance to Fred J. Warwick recorded in Deed Book 375, Page 424 in the Whitley County Clerk’s Office is excepted from this description. The conveyance to Otis Smith, Jr. and Shirley Smith recorded in Deed Book 375, Page 409 in the Whitley County Clerk’s Office is also excepted from this description. The conveyance to Edgar A. Beasley and Janice Sue Beasley is also excepted from this description.
This being a part of the same property conveyed to Orville Phipps and Barbara Phipps, his wife, by deed dated November 7th 1994, by Gerald N. Hart and Marjorie L. Hart, his wife, and recorded in Deed Book 375 Page 200-202, County of Whitley, State of 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, 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 30th day of September, 2014.
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. 12-CI-337
CitiFinancial Services, Inc., Plaintiff, VS. Ralph E. Woods; Glenda S. Woods; County of Whitley; US Bank Custodian SASS Muni V DTR; Jamos Fund I, LP; Capital One Bank USA, N.A., Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 4, 2014, 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, November 3, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Ralph E. Woods, plus costs, is as follows:
(1) The principal sum in the amount of $84,666.29, plus interest due from 8/7/11 in the amount of $16,652.86, for a total in the amount of $101,319.15, together with interest at the rate of 7.27 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus a reasonable attorney fee, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.
Property Address: 365 Runway Drive, Williamsburg, KY 40769.
ALL THAT CERTAIN PARCEL OF LAND IN WHITLEY COUNTY, COMMONWEALTH OF KY, AS MORE FULLY DESCRIBED IN BOOK 415 PAGE 365 ID#21 706, BEING KNOWN AND DESIGNATED AS LOT 37 OF LANDING SUBDIVISION, FILED IN MAP BOOK 4 AT PAGE 202, SLIDE 305.
Being the same property conveyed by fee simple deed from Ray Lanham and Beverly Lanham, husband and eigr, and Harold Brown and Judy Brown, all by Ray Lanham, attorney in fact to Ralph E. Woods and Glenda S. Woods. SDated 1/28/00 recorded on 1/28/00 in Book 415, Page 365 in Whitley County records, Commonwealth of KY.
There is a manufactured home on the subject property which has been properly converted to real estate by virtue of an affidavit of conversion filed for record on 9/27/01 in Book 115 Page 205 of the records of the Whitley County Clerk’s Office.
Make: CLAY
Model: NORRIS
Year: 2000
Serial No: NO1026074TNAB
Title No.: 000491180079
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 percent down (1/3%) 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 14th day of October, 2014.
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. 12-CI-00774
TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS: LAWRENCE S. SULLIVAN and JENNIFER E. SULLIVAN; FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK; KENTUCKY TAX COMPANY, 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 May 19, 2014, and a subsequent Order entered 08/15/14 (Doc 13- U.S. Bankruptcy Court-Eastern District of Kentucky- Case 14-60816-grs), 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, November 3, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment on behalf of the Defendant, Forcht Bank, NA, Successor- In-Interest to Williamsburg National Bank, against the Defendants, Lawrence S. Sullivan and his wife, Jennifer E. Sullivan, jointly and severally, in the sum of $30,463.02 as of April 25, 2014, plus interest at the rate of 8.29% per annum until the date of judgment and thereafter at the maximum judgment rate until paid, plus its costs and a reasonable attorney’s fee, plus the costs associated with the sale herein.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
PROPERTY ADDRESS: 55 Wilson Road, Williamsburg, Kentucky 40769
Being Lots No. 23 and 24 in Block “D” in the Norman Addition at Savoy, Kentucky, as recorded in Map Book No. 1, Page 150, Whitley County Court Clerk’s Office.
BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Larry A. Freeman, et al., dated August 20, 2003 and recorded in Deed Book 446, Page 304 of the Whitley County Court Clerk’s Office. See Affidavit of Descent of Betty Freeman, recorded in Deed Book 445, Page 536. See also the deed dated, August 12, 2003 and recorded in Deed Book 445, Page 558. See also deed to Charles V. Freeman and Betty Jones Freeman, dated April 4, 1978 recorded in Deed Book 273, Page 389.
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 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 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 14th day of October, 2014.
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-00285
VANDERBILT MORTGAGE AND FINANCE, INC, PLAINTIFF. vs. ESTATE OF DONALD WOOD; MERANDIA LOUISE WOOD; TRAVIS AUSTIN WOOD; NATHAN RYAN WOOD; LASHA RENEE WOOD; UNKNOWN SPOUSE OF DONALD WOOD; UNITED STATES OF AMERICA; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 4, 2014, 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, November 3, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem Judgment against the Defendant, Estate of Donald Wood, plus costs is as follows:
(1) The sum of $38,437.61 as of April 16, 2014, with interest thereon at the contract rate of 8.84% per annum until the date of entry hereof, and thereafter at the contract rate, until paid.
(2) Also included in the sale is a 2009 Clayton Mobile Home VIN: CLM089785TN.
The property is located at 480 Highway 1804, Williamsburg, KY 40769.
BEING a certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:
BEGINNING at Marie Shepard’s line and running 135 feet down the County Road to a sharp corner; thence 118 feet up the State Highway to the Shepard line; thence with the Shepard line 85 feet to the BEGINNING.
Being the same property conveyed by Deed to Donald W. Wood, from Glenna Wood, unmarried, dated March 20, 2008, recorded March 20, 2008 in Deed Book 482 at Page 506, of records in the Office of the Clerk of Whitley County, 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 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 shall only be required to pay costs and expenses of the sale and they may take a credit upon its judgment, 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 14th day of October, 2014.
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. 13-CI-00564
WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2005-HE2 TRUST ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-HE2, PLAINTIFF, VS. BRYCE BOLAY; CENTRAL KENTUCKY MANAGEMENT SERVICES, INC.; KY LIEN HOLDINGS, LLC, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 2, 2014, 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, November 3, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem Default Judgment against the Defendant, Bryce Bolay, plus costs, is as follows:
(1) The present principal balance of $50,791.53, together with accrued interest thereon at the current Note rate of 6.875% per annum starting from March 1, 2011, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney fees of at least $2,500.00.
PROPERTY ADDRESS: 406 4th Street, Corbin, KY 40701
Parcel ID: 137-41-03-024.00
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Beginning at a stake in the north line of Fourth Street, Prichard’s Corner; thence westward with the north line of Fourth Street 50 feet to B. H. Hall’s corner; thence northward with Hall’s Line 105 Feet to a stake in the Hoble Peace line; thence eastward with Hoble Peace line 50 feet to Prichard’s line; thence southward with Prichard’s line 105 feet to the beginning.
Being the same property conveyed to Kenneth G. Sweet and his wife, Carla J. Sweet, from Thomas R. Thurston, be his Power of Attorney, Shirley Ann Thurston Seargeant, and his wife, Ena Thurston, by deed dated November 8, 1997 and recorded November 18, 1997 in Deed Book 397, Page 98 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 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, it shall be entitled to a credit of 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, 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 14th day of October, 2014.
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-003
JPMorgan Chase Bank, National Association, Plaintiff, VS. Stephanie Hughes, Defendant.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 2, 2014, 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, November 3, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Stephanie Hughes, plus costs, is as follows:
(1) The principal sum in the amount of $66,160.22, plus interest from 08/1/13 in the amount of $1,350.79, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $974.38, plus property inspections in the amount of $328.19, plus restricted escrow in the amount of ($1,703.32), for a total in the amount of $67,108.84, together with interest at the rate of 3.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.
The property is located at: 136 Catholic Avenue, Williamsburg, KY 40769, and more particularly described as follows:
Beginning on a stake, said stake being in the north line of Sycamore Avenue and also being the southwest corner of tract of land now or formerly belonging to James R. Cummins and being approximately 2’ north of the existing curb; thence N 88 deg. 37’ W 19.26 feet with the north line of Sycamore Avenue to a stake; thence continuing with said street S 83 deg. 58’ W 65.83 feet to a point; thence with the arc of a circle of radius 15’ 25.26 feet to a point; thence in the east line of Haywood Street (“11” Street); thence in the east line of said street, N 0 deg. 26’ E 82.75 feet to a stake in the east line of said street at the southwest corner of a certain tract of land now or formerly belonging to Jonny Silcox; thence leaving Haywood Street (“11” Street) and running N 88 deg. 47 min. W 103.75 feet with the Silcox line to a stake at the southeast corner of said Silcox tract; the southwest corner of the Perry Smith heirs tract, and the northwest corner of a certain tract of land now or formerly belonging to James R. Cummins; thence with the Cummins line S 1 deg. 52’ W 93.58 feet to the point of beginning, containing a calculated area of 9,790 square feet, more or less.
Being the same property conveyed to Stephanie Hughes, a single woman, by Warranty Deed dated May 5, 2009 and filed for record May 29, 2009, in Book 490, Page 225, in the Office of the Court 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 one-third percent down (1/3%) 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 14th day of October, 2014.
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-00197
Fifth Third Mortgage Company, Plaintiff, VS. Kenneth Fox; Kimberly Fox, AKA Kimberly Renee Fox, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 31, 2014, 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, November 3, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem default Judgment against the Defendants, Kenneth Fox and Kimberly Fox AKA Kimberly Renee Fox, plus costs is as follows:
(1) The principal sum in the amount of $97,591.63, plus interest on the principal sum at the rate of 4.25% per annum from September 1, 2013 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.
Property Address: 505 Walnut Avenue, Corbin, KY 40701
Parcel No.: 137-41-10-017.00
The following described real estate situated in the City of Corbin, Whitley County, Kentucky, to-wit:
Being Lot No. 4 in Block 78 in the Hawkins Addition to the Town of Corbin, Kentucky. Said Lot fronts on Walnut Street 72 feet and runs back 145 feet to an alley.
Being the same property conveyed to Kenneth Fox and Kimberly Fox, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Cendant Mobility Financial Corporation, a Delaware Corporation, dated April 8, 2002, recorded April 19, 2002, at Deed Book 434, Page 397, Whitley County, Kentucky records
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 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, 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 14th day of October, 2014.
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.14-CI-00299
JANROSE Ball, Personally, and as Executrix of the ESTATE OF DONALD BALL, PLAINTIFF, VS. ARNOLD BALL, single, widower; RAYMOND BALL, single; CARL BALL and his wife, NAN BALL; BETTY FRITZ, single; DONA ANN BALL, single widow of Jesse Ball; BRAD BALL, single; RONALD BALL, single; LORI COOK and her husband, JOE COOK; TONY BALL and his wife, LISA BALL; CARLA COSS; 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 September 15, 2014, 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, November 3, 2014, 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 in this action, 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:
PROPERTY ADDRESS: 239 and 486 Ted Ball Road, Williamsburg, KY 40769.
TRACT I
A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:
BEGINNING at a corner rock of Donald Ball property E 132 feet; thence N 228 feet to a steel stake; thence W 122 feet to a steel stake; thence S 238 feet back to the BEGINNING.
THE FOREGOING PROPERTY IS SUBJECT TO THE RESTRICTIONS SET FORTH IN Deed Book 468, Page 287 of the Whitley County Court Clerk’s Office.
Being the parties’ entire undivided interest in the real property more particularly described in the deed to Theodore Ball, Jr., dated March 31, 2006, recorded in Deed Book 468, Page 287 of the Whitley County Court Clerk’s Office. See also Last Will of Theodore Ball, Jr., recorded in Will Book 29, Page 491 of the Whitley County Court Clerk’s Office.
TRACT II
BEGINNING on a marked oak in the edge of right of way of the old Craig Road and running thence in a Westerly direction 114 feet to a set stone; thence running in a Northerly direction 109 feet to a stone; thence East 114 feet to a marked apple tree, thence North 200 feet to a set stone; thence running in a Southerly direction with the fence 222 feet to a set stone; thence running in a Southeasterly direction 282 feet to a marked black oak; thence running in a Westerly direction with the old fence 308 feet to a marked white oak; thence running a Northern direction across the road 155 feet to the BEGINNING.
Being the parties’ entire undivided interest in the real property more particularly described in the deed to Theodore Ball, Jr., dated August 2, 2006, recorded in Deed Book 472, Page 419 of the Whitley County Court Clerk’s Office. See also Last Will of Theodore Ball, Jr., recorded in Will Book 29, Page 491 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.
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 14th day of October, 2014.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616




