Legal Notices for 10/22/14, page 3

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