Legal Notices for 10/22/14, page 4

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