Legal Notices for 10/20/10, page 3

 

 

 Dated this 18th day of October, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00079

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2008-1, ASSET-BACKED CERTIFICATES, SERIES 2008-1, PLAINTIFF, VS. MICHAEL NANTZ; LESLIE NANTZ; JAMOS FUND 1, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, November 8, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Michael Nantz and Leslie Nantz, plus costs, are as follows:

(1) The principal sum in the amount of $59,913.78, together with accrued interest thereon at the current Note rate of 6.25% per annum starting from September 1, 2009, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus Plaintiff’s attorney fees of at least $2,500.00, pursuant to KRS 411.195, as Counsel is not a salaried employee of Plaintiff.

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

TRACT 1

Description of Floyd Nantz property on the north side of the Corn Creek Road, about 0.7 miles from the Meadow Creek Road, Whitley Co.

Beginning at a survey marker in the north right of way line of the Corn Creek Road about 0.7 miles west of the Meadow Creek Road (state Hwy #1064), said right of way line assumed to be 20” from center of paving, and said marker being of the southeast corner of Elmo Coldiron property (DB 211, Pg 391); thence along the east line of said Coldiron property, N 3 deg 25’ E 235.15’ to a survey marker and N 7 deg 25’ W 79.10’ to a survey marker; thence N 56 deg 35’ E along said Coldiron south property line, partly with a fence, a distance of 509.00’ to a survey marker in a fence line, the north west corner of Delmar Sargent property, (DB 311, Pgs 508, 509, 510); thence leaving the fence and running along the west lines of said Sargent, S 7 deg 07’ E 209.00’ to a survey marker and S 46 deg 00’ W 208.00’ to a point in the center of Burkhart Branch, said point witnessed by a pipe marker on the west bank of said Branch; and S 5 deg 10’ E continuing along said Sargent west line along said Burkhart Branch 291.00’ to a survey marker at the north right of way line of said Corn Creek Road; thence N 81 deg 43’ W along the north right of way line of said road 334.60’ to the point of beginning, containing 3.85 acres.

Being all the same property conveyed to Michael Nantz and Leslie Nantz, husband and wife, from Floyd Tilman Nantz and Martha Lous Nantz, husband and wife, by Deed dated March 4, 1999, recorded March 19, 1999 in Deed Book 407, Page 197, records of the Whitley County Court Clerk’s Office.

See also Deed of Correction to Michael Nantz and Leslie Nantz, husband and wife, dated April 26, 2007, and being of record in Deed Book 476, at Page 708, in the Office of the Clerk of Whitley County, Kentucky.

Said property address is: 2815 Mcneil Corn Creek Road, Rockholds, Kentucky 40759.

TERMS OF SALE

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

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

3. (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

4. 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.

5. 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.

6. 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.

7. 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.

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

Dated this 15th day of October, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00483

FINANCIAL FREEDOM ACQUISTION, LLC, PLAINTIFF, VS. NORMAN RAY HATCHER; JUANITA E. HATCHER (DECEASED); UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on September 7, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, November 8, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Norman Ray Hatcher and Juanita E. Hatcher (deceased), plus costs, are as follows:

(1) The principal sum in the amount of $57,707.64, as set forth in and supported by the Account Status Affidavit filed with Plaintiff’s Motion for Judgment. Plus interest in accordance with the terms of the Note, on said judgment at the current rate of 1.30000% from the date referenced in the Account Status Affidavit, 06/30/2010, until paid.  Plus additional fees, costs and expenses in accordance with the terms of the Note and Mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property, plus Court costs and attorney’s fees.

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

Being Lot No. 3 in the Hash Country Estates in Whitley County, Kentucky, a map or plat of which duly appears of record in Map Book 4, Page 16, records of the Whitley County Court Clerk’s Office, to which map or plat reference is hereby made for a more complete and particular description of said lots.

Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Colin D. Sasser and his wife, Joyce A. Sasser, to Norman Ray Hatcher and his wife, Juanita E. Hatcher, by virtue of a deed dated 07/23/1983 and recorded 07/28/1983 at Deed Book 299, Page 580 of the Whitley County, Kentucky real estate records.

Said property address is: 30 Bambi Court, Corbin, Kentucky 40701.

TERMS OF SALE

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

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

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 15th day of October, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00436

FORCHT BANK, NA, PLAINTIFF, VS. ROBERTA E. KINSEY, SINGLE; AND WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 8, 2009, and subsequent Order entered on September 7, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 8, 2010, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Roberta E. Kinsey, plus costs, are as follows:

(1) The principal sum in the amount of $5,238.46 as of May 15, 2009, plus interest at the rate of 6% per annum until paid.

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

A certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Skags Branch at Rockholds and bounded and described as follows:

BEGINNING on a stone where a large white oak stood on east side of road; thence with said road to a stone in original line; thence with said line S 75-30 to a white oak in John Snyder line; thence with it when reduced to a straight line S 17 W 77-75 P to a sourwood and gum, a corner of Charles Rockhold survey, also a corner of the John Snyder land; thence N 45 W 33 P to the BEGINNING corner.

EXCEPTION:  There is excepted from the above and not conveyed herein that tract previously conveyed by Irene Grubb, a widow to Grubb and Grubb, by deed dated April 20, 1987, recorded in Deed book 320, Pages 265-266, Whitley County Court Clerk=s Office, and reference is made to the deed for description the same as if copied in full herein.

BEING THE SAME PROPERTY conveyed to Roberta E. Kinsey, by Deed of Correction Life Estate Retained, dated February 7, 2006, from Sena Cusson, unmarried, and recorded in Deed Book 466, Page 776 of the Whitley County Court Clerk=s Office.  See also Deed Book 466, Page 361.

Said Property is located at: 746 Colonel Hollow Road, Rockholds, Kentucky 40759 .

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 15th day of October, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00606

HOMETOWN BANK OF CORBIN, INC., PLAINTIFF, VS. REBECCA GALLAGHER, ET AL., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 11, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, November 8, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Rebecca Gallagher, plus costs, are as follows:

(1) The principal sum in the amount of $49,127.22, plus interest at 7.75% per annum from June 17, 2010; until paid in full, and in-rem judgment for all costs and expenses herein incurred.

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

TRACT NO. 1:  BEGINNING at a stake on the south side of Union Street at Robert Wolfe’s northeast corner; thence South with line 100 feet to a stake; thence east 50 feet to a stake; thence north 100 feet to the south line of Union Street; thence west with said Street, 50 feet to the BEGINNING.

TRACT NO. 2:  BEGINNING at the northwest corner of Mrs. Goldie Nichols’ present lot; thence running with the south line of Union Street west 25 feet to a stake in the south line of Union Street; thence in parallel line with the west line of said Mrs. Goldie Nichols’ line 100 feet south to a set stone in said W. R. Spangler’s line; thence east 25 feet with said Spangler’s line to the southwest corner of said Goldie Nichols’ present corner, being one lot 25 by 100 feet lying to the west of and adjoining the present property of said Goldie Nichols.

TRACT NO. 3:  BEGINNING at the northwest corner of the Joe Nichols lot and Union Street; thence Southward 100 feet to a stake; thence Westward 94 feet to a stake; thence Northward 128 feet to Union Street and John M. Jervis lot; thence Eastward 90 feet with Union Street to the Beginning.

Being the same land acquired by Rebecca Gallagher in Deed Book 400, Page 477, Whitley County Clerk’s Office.

Said property address is:  905 8th Street, Corbin, Kentucky 40701.

TERMS OF SALE

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

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

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 15th day of October, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00375

HSBC BANK USA, N.A. AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2005-SN1, ASSET BACKED PASS THROUGH CERTIFICATES, PLAINTIFF, VS. KLARA MULLIS; TERRY W. MULLIS; COMMONWEALTH OF KENTUCKY, COUNTY OF KNOX; THE MONEY STORE HOME EQUITY CORP.; CREDIGY RECEIVABLES, INC.; JAMOS FUND I, LP; AND COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on September 7, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, November 8, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Klara Mullis and Terry W. Mulls, plus costs, are as follows:

(1) The principal sum in the amount of $76,485.49, together with accrued interest thereon at the rate of 7.87500% per annum from July 22, 2010, until the amount has been paid in full.

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

The following described property, to-wit:  A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:

BEING on Lynn Camp Creek.  Beginning on a stone at the County Road; thence eastward 7 ½ poles to a stone; thence northward five (5) pole to sassafras on the bank of Lynn Camp Creek: thence with the meanders of the creek to the bridge across Lynn Camp Creek; thence with the county road to the beginning.

Also:

BEGINNING on a stone at the county road, thence eastward 7 ½ poles to a stone; thence northward 6 feet to a stone; thence 7 ½ poles westward to a stone by county road; thence back to the beginning corner.

BEING the same property conveyed to Klara Mullis and husband Terry Wayne Mullis, for their joint lives as tenants in common with the remainder in fee simple to the survivor of them by that Deed dated January 7, 2010 and recorded on February 8, 2010, in Book 494 at Page 323, in the Whitley County Court Clerk’s Office.

Said property address is: 356 Back Street, Woodbine, Kentucky 40771.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 15th day of October, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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