Legal Notices for 10/30/13, page 1

 

 NOTICE to Unknown heirs, devisees, and personal representatives of the estate of ARTHUR R. ADAMS, deceased, and their assigns; Pamela Matthews f/k/a Pamela Adams Maguet and spouse Layne W. Matthews: On September 24, 2013, Civil Action No. 13-CI-00644 was filed in Whitley Circuit Court, Division I, in Williamsburg, Kentucky by Plaintiff Bank of Corbin Inc., vs. Defendant Unknown Heirs, Devisees, and Personal Representatives of the Estate of Arthur R. Adams, et. al..  Plaintiff seeks foreclosure on real property at 112 Blair Park, Corbin, Whitley County, Kentucky, 40701.  If you do not answer the Complaint, Plaintiff may be entitled to judgment and sale of the property.  You are deemed to have been summoned thirty days after Appointment of Warning Order Attorney dated September 24, 2013. I must report to the Court my efforts to contact you within fifty days of September 24, 2013.  My duties are limited to warning you; seek independent legal counsel in this action immediately.  Hon. Conley D. Chaney, 29 Geary Ave., Ste. A, Whitley City, KY 42653

 

NOTICE PUBLIC SALE

The following motor vehicle stored at 401 South 5th Street will be sold at public auction to recover towing and storage charges on 11/7/13 at 8am. Titles are not warranted, subject to prior liens, all sales are final. Seller reserves the right to bid. Terms of sale – cash only or pre-approved check. 1997 Honda Motorcycle. VIN: JH2RC4301VM301496.

 

CITY OF WILLIAMSBURG, KENTUCKY BOARD OF ZONING ADJUSTMENT NOTICE OF PUBLIC HEARING

The Board of Zoning Adjustment of the City of Williamsburg will hold a public hearing on November 4, 2013 at 5:30 p.m. at Williamsburg City Hall Council Chambers to consider the application filed by Ellison Funeral Home for a conditional use permit to establish a cemetery on the property located on Prindle Street off Cemetery Road. If you require additional information regarding this request, please go to Williamsburg City Hall and make a request.

GAIL BORDES, CHAIRPERSON

 

BID NOTICE:

Whitley County Water District will be accepting sealed bids on a 2003 Dodge Dakota. Deadline to have bids at our office at 19 S Hwy 25 W in Williamsburg, Kentucky will be at 4:00 p.m. local time on November 8, 2013.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-8016, Renewal

In accordance with KRS 350.055, notice is hereby given that ARL Resources, LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for a preparation plant coal processing facility affecting 12.2 acres located 1.0 mile south of Emlyn in Whitley County.

The proposed facility is approximately 0.3 mile south from US 25’s junction with Cane Creek Road and located 0.05 mile west of Clear Creek.

The proposed operation is located on the Williamsburg, KY 7½ minute quadrangle map.  The surface area is owned by Newco Mining KY, LLC.

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

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Corbin, KY 40701, has filed for a Phase II bond release on Increment No. 1, 2, 3, 4, 5, 6, and 7 of permit number 918-5195 which was last issued on March 13, 2012.  The application covers an area of approximately 236.72 acres located 0.8 miles of Mud Creek road and the junction with KY 1595.

The permit area is approximately 1.5 miles northwest of Frakes, KY, and located 0.8 miles northeast of Mud Creek Road with the junction of KY 1595.  The latitude is 36°39’08”.  The longitude is 83°57’16”.

The bond now in effect for increment 1 is a surety in the amount of $10,900.00.  Approximately 25% of the original bond amount of $10,900.00 is included in this application for release.  The bond now in effect for increment 2 is a surety bond in the amount of $99,900.00.  Approximately 25% of the original $99,900.00 is included in this application for release.  The bond now in effect for increment 3 is a surety bond in the amount of $37,400.00.  Approximately 25% of the original $37,400.00 is included in this application for release.  The bond now in effect for increment 4 is a surety bond in the amount of $53,100.00.  Approximately 25% of the original bond amount of $53,100.00 is included in this application for release.  The bond now in effect for increment 5 is a surety bond in the amount of $29,700.00.  Approximately 25% of the original bond amount of $29,700.00 is included in this application for release. The bond now in effect for increment 6 is a surety bond in the amount of $8,800.00.  Approximately 25% of the original bond amount of $8,800.00 is included in this application for release. The bond now in effect for increment 7 is a surety bond in the amount of $21,600.00.  Approximately 25% of the original bond amount of $21,600.00 is included in this application for release.

Reclamation work performed includes:  Backfilling, regrading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan completed November 15, 2010.

This is the final advertisement of the application. Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by November 30, 2013.

A public hearing on the application has been scheduled for December 3, 2013 at 10:00am. The Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229.  The hearing will be cancelled if no request for a hearing or informal conference is received by November 30, 2013.

 

Notice of Blasting Schedule

Alden Resources, LLC, 332 W. Cumberland Parkway, Corbin, KY  40701, phone number (606)523-9760, gives notice that blasting operations will be conducted on its coal mine permit number 918-0447, covering 283.38 acres owned by David Boyd, Dee Woods Heirs, William and Edna Hill, Ray and Geneva Hill, Doris Vanover, Verlon Johnson, Georgie Terell, Samuel McFarland, Charles Paul, Johnnie Johnson, Edwin Webb, Rick Thornsberry, James Martin, Ella Baker Heirs, Jerry Croley, Janice Hamm and Wilma Corbin.

The proposed operation is located approximately 0.5 miles north of Perkins, Kentucky.  The proposed operation is approximately 0.80 miles east of the Maple Creek Road junction with Brown Creek Road and located 3.9 miles north of the mouth of Maple Creek. The latitude is N36°47’21”.  The longitude is W84°03’25”.

Blasting Operations will begin November 2013. Blasting will be conducted each day Monday through Saturday during daylight hours. No blasting will be conducted after official sunset.  This schedule shall be in effect from November 2013, until November 2014.

Unscheduled blasting may occur, if at the discretion of the Mine Foreman or Certified Blaster, an emergency situation arises from rain, lightening, or other atmospheric condition.  Unscheduled blasting may occur if other conditions arise that endanger employee and/or public health and safety.  Any major changes in the blasting schedule will be published. 

Signs or barriers identify entry points to the blast area.  A representative or representatives of the permittee will monitor the access point(s) and prevent entry of unauthorized persons during the blast.

The pre-blast warning signal will be a one (1) minute series of long blasts five (5) minutes prior to the blast signal. The final blast warning signal will be a series of short blasts one (1) minute prior to the detonation. The all clear signal will be a prolonged blast following the inspection of the blast area.

 

Public Notice of Blasting Schedule

Mountainside Coal Co., Inc., 7692 South HWY. 25W, Williamsburg, Kentucky 40769, Telephone Number: (606) 786-3620, shall conduct blasting operations on its 614 acre surface mine permit, located sixteen and one-half (16.5) miles southeast of Williamsburg, Kentucky, on Kentucky Highway 92, near the community of Siler, in Whitley County, Kentucky.

The proposed operation is approximately two (2) miles northeast of Harpes Creek Road’s intersection with Kentucky Highway 92.

The latitude is 36-41-51N; the longitude is: 83-55-53W. The surface area on which blasting operations will be conducted is owned by Corrigan TLP LLC, TKY Acquisition, LLC, and Edd B. Jones.

Blasting Operations will begin November 7, 2013. Blasting will be conducted each day Monday through Saturday during daylight hours.  No blasting will be conducted after official sunset.  This schedule shall be in effect from November 7, 2013, until November 7, 2014.

Any major alterations to the blasting scheduled will be published.  Unscheduled blasting may occur in emergency situations when rain, lightning or other atmospheric conditions or operator or public safety requires unscheduled detonation. The nearby residents will be notified of the unscheduled blast by the most appropriate means and the blast shall then proceed as a regular blast. Entry to blasting area will be regulated by signs or barriers.  An authorized company representative will prohibit access to the blasting areas by unauthorized persons at least five (5) minutes before each detonation and until the all clear signal is sounded.  WARNING SIGNAL: A one (1) minute series of long blasts five (5) minutes prior to the blast signal. BLAST SIGNAL: A series of short blasts one (1) minute prior to the detonation. ALL CLEAR SIGNAL: A prolonged blast following the inspection of the blast area. Events which could necessitate blasting at unscheduled times include, but are not limited to rain, lightning, or other atmospheric conditions, or deteriorated explosives which involve personnel, operational or public safety.    Any major alteration of this blasting schedule will be published.

This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto. The MSHA ID Number is Pending.  The Kentucky DNR Permit Number is 918-0422.

 

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 11-CI-040

Cumberland Valley National Bank and Trust Company, Plaintiff, VS. Linda S. Conlon a/k/a Linda Conlin; Tony B. Conlon a/k/a Tony Conlin; Leon Partin; Carlee Partin; County of Whitley; City of Williamsburg, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, and a subsequent Order entered August 19, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Linda S. Conlon a/k/a Linda Conlin, Tony B. Conlon a/k/a Tony Conlin, plus costs, is as follows:

(1) The principal sum in the amount of $120,220.15 together with interest from 07/1/10 in the amount of $17,342.15, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $6,607.35, plus late charges in the amount of $344.52, plus property inspection fees in the amount of $261.00 for a total amount of $144,775.77, together with at the rate of 6.1250 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 $1,375.00, and for all other fees expended for services performed in connection with the Defendants’ default and for the purposes and its right under the mortgage instrument.

The property to be sold is as follows:

Located in Whitley County, Kentucky:

Property Address: 473 Smith Court, Williamsburg, KY 40769

BEGINNING on a steel pin 80 feet North of the corner of Moses and Jefferies lines and running a westerly direction approximately 171 feet to a steel pin in the line of I-75 (at a point 100 feet North of the existing line of Jefferies); thence running North with the right-of-way of I-75 118 feet to a corner post; thence running with the I-75 right-of-way fence an easterly direction approximately 15 feet 6 inches to a post; thence continuing with the I-75 right-of-way a northerly direction approximately 25 feet to a steel pin, corner of Byrd and Steely; thence running an easterly direction approximately 85 feet to a steel pin; thence running in a southerly direction a straight line approximately 180 feet to the BEGINNING.

Being the same property conveyed to Tony Conlin and Linda Conlin, husband and wife, by deed dated August 22, 1994 and recorded at Deed Book 373, Page 563 of the Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) of the purchase price down with the balance in thirty (30) days with interest at 12%.  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 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 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 7th day of October, 2013.

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-00487

L&N FEDERAL CREDIT UNION, PLAINTIFF, VS. ALAN M. LIPSON and MARIE T. LIPSON, husband and wife, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 5, 2012, and a subsequent Order entered September 3, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Alan M. Lipson and Marie T. Lipson is as follows:

(1) The sum in the amount of $156,688.16, plus interest on the principal balance of $155,454.10 at the contract rate of 4.375% per annum from May 7, 2012 until paid.

(2) The additional sum of $2,557.25 for costs, plus attorney fees in the amount of $2,400.00.

Property Address is: 1207 Seventh Street, Corbin, KY 40701.

The following property located in Whitley County, Kentucky, to-wit:

BEGINNING at a stone corner of this property and line of Jack Skinner property and running thence S 76 ½ E 209 feet to a stone; thence about south line of E. E. Snyder 109 feet to a stone; thence N 76 ½ W 209 feet to a stone at Seventh Street; thence with Seventh Street N 9 E 109 feet to the BEGINNING.

BEING ALL THE SAME LAND acquired by Alan M. Lipson and Marie T. Lipson, husband and wife, by deed of conveyance from Billy Edwin Sanderlin and Marion Virginia Sanderlin, husband and wife, dated November 18, 2005 and recorded in Deed Book 465, at page 423, in the office of the Whitley County Clerk at 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 sixty (60) days with interest at 12%.  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 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 7th day of October, 2013.

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-00663

The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-5,  Plaintiff, VS. James Sulfridge; Christina Sulfridge; Household Finance Corporation II; Countrywide Home Loans, Inc.,   Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2013, and a subsequent Order entered September 3, 2013, 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 4, 2013, 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 $75,017.73, plus interest from 09/1/07 in the amount of $28,942.01, plus advances in the amount of $19,315.92, for a total in the amount of $123,275.66, together with interest at a variable percentage rate 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 $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 484 North 11th Street, Williamsburg, KY 40769.

BEGINNING at a utility pole stump in the east right-of-way line of Old Croley Bend Road; thence N 53 degree W along east right-of-way line of said Old Croley Bend Road (17’ from center line of paving) – 142.0’ to an iron pipe; thence along Bertha Richardson south and east property line N 49 degree 15’ E-100.0’ to a stone; thence S 41 degree E to the Bill Childress line at a branch; thence in a 2 southwesterly direction with the branch to a utility pole stump, the beginning.

EXCEPTION: Excepted from the above property and not conveyed herein are all easements heretofore granted by the party of the first part and all previous owners of the above-described property, including, but no limited to the Right-of-way Easement conveyed to Martha Garland to Henry and Ota Pennington on September 10, 1970.

Being the same property conveyed to James Sulfridge and Christina Sulfridge, husband and wife, from C. Ray Martin and Pamela Martin, husband and wife, by deed dated May 16, 2005 and recorded May 18, 2005, in Deed Book 461 and Page 240, 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 one-third percent (1/3%) of the purchase price down with the balance in thirty (30) days with interest at 12%.  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 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 7th day of October, 2013.

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. 12-CI-764

Wells Fargo Bank, N.A., Plaintiff, VS. Michael Allen, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 19, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Michael Allen, plus costs, is as follows:

(1) The principal sum in the amount of $65,865.95 together with interest from 07/1/12 in the amount of $3,675.82, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,240.93, plus late charges in the amount of $29.66, plus property inspection/preservation fees in the amount of $30.00 for a total amount of $70,842.36, together with at the rate of 5.2500 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 Defendants’ default and for the purposes and its right under the mortgage instrument.

The property to be sold is as follows:

Located in Whitley County, Kentucky.

Property Address: 1011 South Poplar Avenue, Corbin, KY 40701.

Parcel 1:

BEGINNING on a set stone on the East side of Poplar Street; thence Southward with Poplar Street 31 feet more or less to the George McKeehan corner; thence Eastward with the George McKeehan line 100 feet to a set stone at an alley; thence Northward with an alley 31 feet to a set stone; a corner of Effie Stevens-Lee J. Ford lot;  thence with said Stevens-Ford line and parallel to the McKeehan line 100 feet to the beginning corner.

Parcel 2:

BEGINNING at W.L. Moore’s corner now owned by William Knight, said corner being at an alley; thence running Northwardly with alley 70 feet to a stone; thence  Westwardly with Laura E. Prewitt’s line 100 feet to Poplar Street; thence with Poplar Street 70 feet to W.L. Moore’s line, now Knight’s line; thence with same 100 feet to the beginning.

Being the same property conveyed to Michael Allen, single, by deed dated May 22, 2011 and recorded in Deed Book 502, page 203 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 (1/3%) of the purchase price down with the balance in thirty (30) days with interest at 12%.  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 pursuant to this order, and in that event, 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 7th day of October, 2013.

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-780

JPMorgan Chase Bank, National Association, Plaintiff, VS. Tracy Baze aka Tracy Weston Baze; Commonwealth of Kentucky, Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 1, 2013 and a subsequent Orders entered July 1, 2013 and August 19, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Tracy Baze aka Tracy Weston Baze, plus costs, is as follows:

(1) The principal sum in the amount of $70,042.03, plus interest from 10/1/11 – 12/31/12 in the amount of $5,690.85, plus pre-acceleration late charges in the amount of $110.89, plus total escrow in the amount of $3,520.52, for a total in the amount of $79,364.29, together with interest at the rate of 6.5000 percent per annum from the above ate 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: 325 16th Street, Corbin, KY 40701.

Two lots Nos. 23 and 24 in Block “D” in Lincoln Park Addition to Corbin, Kentucky, a map or plat of which is of record in Map Book No. 1 at Page 8, Whitley County Clerk’s Office

Being the same property conveyed to Tracy Baze, a single person, by Deed date February 22, 2008 recorded on February 27, 2008 in Deed Book 482, Page 181 of the Clerk’s Records in 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 (1/3) 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%.  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 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 7th day of October, 2013.

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. 13-CI-00085

FORCHT BANK, NA, PLAINTIFF VS: SHANE WILLIAMSON and his Wife, APRIL WILLIAMSON; CITY OF CORBIN, KENTUCKY; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 6, 2013, and a subsequent Order entered August 19, 2013 (in U.S. Bankruptcy Case #13-60623), 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Shane Williamson, plus costs, is as follows:

(1) Pursuant to Count I of the Plaintiff’s Complaint, the sum in the amount of $141,359.83 as of April 10, 2013, plus interest at the rate of 7.30% per annum until the date of Judgment 26,581.28 and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II of the Plaintiff’s Complaint, the sum in the amount of $30,631.11 as of April 10, 2013, plus interest at the rate of 4.50% per annum until the date of Judgment 26,581.28 and thereafter at the maximum judgment rate until paid.

(3) Pursuant to Count III of the Plaintiff’s Complaint, the sum in the amount of $2,201.20 as of April 10, 2013, plus interest at the rate of 12.20% per annum until the date of Judgment 26,581.28 and thereafter at the maximum judgment rate until paid.

(4) Pursuant to Count IV of the Plaintiff’s Complaint, the sum in the amount of $816.40 as of April 10, 2013, plus interest at the rate of 9.40% per annum until the date of Judgment 26,581.28 and thereafter at the maximum judgment rate until paid.

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

Current Property Address: 328 Sanderlin Drive, Corbin, Kentucky 40701

Current Parcel ID No: 119-40-04-008.01

Being Lot No. 3 and a portion of Lot No. 2 of Twin Oaks Subdivision in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 4, page 8, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lot. Grantee is hereby conveyed all of Lot No. 2 of said Twin Oaks Subdivision excepting the following described property:

Beginning at a stake in the right-of-way line of Sanderlin Drive corner common to Lot No. 1 and Lot No. 2 of the Twin Oaks Subdivision in the City of Corbin, thence with the right-of-way line of Sanderlin Drive 45.5’ to a stake in said right-of-way, thence a new line dividing Lot No. 2 155’ in a northwest direction to a point in the old fence line and said point being the division line of Lot No. 2, thence with the old fence line N 56’ 30’ E 45’ to the original corner common to Lot No. 1 and Lot No. 2, thence a line common to Lot No. 1 and Lot No. 2 153’ to the beginning corner. (The above described tract is for 1/2 of Lot No. 2 adjacent to tract No. 1 of the Twin Oaks Subdivision in the City of Corbin.

Restriction:

The parties hereto hereby covenant and agree that the above described property shall be restricted to use exclusively for a single family private dwelling house. This restriction shall be binding on the grantees and all successors and assigns.

Subject to and together with all easements, restrictions and legal highways, if any, of record;

Being the same property conveyed to Shane Williamson, single by Special Warranty Deed dated August 1, 2006 and recorded on August 31, 2006 in Deed Book 471, Page 651 in the Office of the Clerk of the County Court 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 with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a 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 7th day of October, 2013.

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-00196

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. KENNETH WOLFF; SANDRA WOLFF; MOUNTAIN OUTREACH PROGRAM, INC.; COMMUNITY TRUST BANK, INC., SUCCESSOR IN INTEREST TO FARMERS NATIONAL BANK; UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE; COMMONWEALTH OF KENTUCKY – DIVISION OF COLLECTIONS, FINANCE AND ADMINISTRATION CABINET  F/K/A REVENUE CABINET; TAX EASE LIEN SERVICING, LLC; TAX EASE LIEN INVESTMENTS 1, LLC; JAMOS FUND I, LP; MID SOUTH CAPITAL PARTNERS, LP; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF 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 June 17, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

1. Plaintiff is awarded a Default Judgment, in rem and in personam, against the Defendants, Kenneth Wolff and Sandra Wolff, for the sum of $3,109.66 as of June 1, 2013, which constitutes principal in the amount of $374.66; plus interest in the amount of $258.65, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $3.74 per month until paid; plus administrative fees in the amount of $100.00 per certificate; plus pre-litigation attorney’s fees in the amount of $290.00; plus reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $567.60 that have arisen due to prosecuting this collection remedy.

Property Address: 45 Rockholds Baptist Church Road, Rockholds, KY 40759.

The property is located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING on a iron stake and a fence post in the Parks line; thence in a northerly direction with the Parks line (a fence) 135 feet to an iron stake at a corner of the old cemetery lot; thence in a easterly direction with the cemetery line (a fence) 40 feet to a stake and fence post a corner of the cemetery lot; thence in a northerly direction and continuing with the cemetery line (a fence) 25 feet to an iron stake; thence leaving the cemetery line (a fence) and in an easterly direction 120 feet to an iron stake; thence in a southerly direction 160 feet to an iron stake in a fence row; thence in a westerly direction and with said fence row 160 feet to the point of the BEGINNING

Being the same property conveyed to Kenneth Wolff and Sandra Wolff, husband and wife, by Deed dated January 15, 1992, from Wadley Arnold Hall and Mary Elizabeth Hall, husband and wife, recorded in Deed Book 353, Page 119, 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. 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 (1/3%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s lien(s) and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

2. 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 7th day of October, 2013.

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-00239

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. REO SOLUTIONS, INC., a Kentucky Corporation; JPH LIEN SERVICES, LLC; MID SOUTH CAPITAL PARTNERS, LP; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF 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 August 19, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, REO Solutions, Inc. is as follows:

(1) The Plaintiff is awarded the sum of $4,581.99 as of July 31, 2013, which constitutes principal in the amount of $1,131.17; interest in the amount of $650.28, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $11.31 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $627.40; reasonable attorneys fees in the amount of $1,500.00 total for prosecuting this foreclosure; and costs in the amount of $443.14.

(2) There is a mobile home and/or manufactured house that is attached to the real property and shall be sold with the real property (VIN NO. CH2AL09140AB).

PROPERTY ADDRESS:   4263 Tackett Creek Road, Williamsburg, KY 40769.

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

BEGINNING at the Sycamore tree at the branch, thence in an Eastwardly direction 149 feet to the rock wall, thence with a northwardly direction with the rock wall 722 feet to the point at the end of the rock wall, thence in a north westwardly direction with the old fence line 50 feet to the apple tree, thence in westwardly direction 165 feet to the old fence line at the evergreen; thence in a southwardly directions 765 feet to the sycamore at the beginning.

Being the same property conveyed to REO Solutions, Inc., a Kentucky Corporation, by Quit Claim Deed from the CIT Group/Consumer Finance Co., Inc., dated March 14, 2007, recorded in Deed Book 476, Page 51, 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 (1/3%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 7th day of October, 2013.

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-00252

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. MICHAEL HUDSON and UNKNOWN SPOUSE OF MICHAEL HUDSON, husband and wife; CORBIN INDEPENDENT SCHOOL DISTRICT FINANCE CORPORATION; JAMOS FUND I, LP; COMMUNITY TRUST BANK, SUCCESSOR IN INTEREST TO FARMERS NATIONAL BANK; COMMONWEALTH OF KENTUCKY –DIVISION OF COLLECTIONS, FINANCE AND ADMINISTRATION CABINET F/K/A REVENUE CABINET; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF 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 August 19, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Michael Hudson is as follows:

(1) The sum of $1,098.81 as of July 31, 2007 (for 2006 taxes) and August 27, 2009 (for 2008 taxes), with interest thereon at the rate of twelve percent (12%) per annum until paid; and (2) costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee.

(2) Plaintiff is awarded the sum of $4,810.36 as of August 18, 2013, which constitutes principal in the amount of $1,098.81, interest in the amount of $657.09, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $10.99 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $550.00; reasonable attorneys fees in the amount of $1,500.00 total for prosecuting this foreclosure; and costs in the amount of $774.46.

PROPERTY ADDRESS:   306 Collins Lane, Williamsburg, KY 40769.

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

BEGINNING at a stone near the barn in Homer Collins’ line; thence ease down a drain to its mouth to a stone marked R.C. 3; thence with Elie’s Branch 56 north to a large stone on the falls of the branch marked O.C.; thence west up or near a drain to a black oak; thence with the road 33 poles S. and 5 links to the Beginning.

AND

Beginning on a black gum, J.S. Bowcock line, as the B.B. corner; thence due south 35 poles to a stone marked FHC at the road; thence with the road north 46 poles to a little oak marked FJC; thence 13 poles west to a pipe in Bowcocks’ line; thence south 46 poles to the Beginning.

EXCEPTION: There is excepted from the foregoing any portions therefore sold or conveyed including the portion sold to Ed Hash, et. als., be deed dated October 30, 1978, and the portion sold to the United States of America by deed dated April 8, 1974, which is duly recorded in Deed Book 248, Page 267, Whitley County Court Clerk’s Office.

Being the same property conveyed to Michael Hudson and Donna Hudson, husband and wife, by Deed dated April 06, 1995, from Lynn J. Mills and Debra Mills, husband and wife, recorded in Deed Book 377, Page 602, in the Office of the Whitley County Court Clerk, and also being the same property conveyed to Michael Hudson, single, by Deed dated July 12, 2012, from Donna Hudson, single, recorded in Deed Book 508, Page 776, in the 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 one-third percent (1/3%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 7th day of October, 2013.

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-00396

FIRST NATIONAL BANK & TRUST, PLAINTIFF, VS. ELIZABETH GRAF, a single person; UNKNOWN SPOUSE OF ELIZABETH GRAF, IF ANY; UNKNOWN OCCUPANT OF 15 VILLAGE CIRCLE DRIVE, WILLIAMSBURG, KENTUCKY, IF ANY; LVNV FUNDING, LLC; HAZEL ENTERPRISES, LLC; MID SOUTH CAPITAL PARTNERS, LP; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 5, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment in rem against the Defendants, Elizabeth Graf, unknown spouse of Elizabeth Graf, if any; and unknown occupant of 15 Village Circle Drive, Williamsburg, Kentucky, if any, plus costs, is as follows:

(1) The principal sum in the amount of $ $53,940.21 plus interest of $1,794.93, late charges of $195.51 and payment of 2009 Real Estate Taxes in the amount of $1,875.20 for a total balance due of $57,805.85 as of August 19, 2013 with interest continuing to accrue on the unpaid principal at the rate of 6.500% per annum until paid in full, plus attorney fees.

(2) There is a 2004 Fleetwood Stoneridge Mobile Home (Serial Number TNFL327AB58995SR13) to be included with the real property.

Property Address:  15 Village Circle Drive, Williamsburg, Kentucky (a/k/a known as Lot 14 and Lot 19 of Edgewood Village).

LYING AND BEING IN WHITLEY COUNTY, KENTUCKY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at the Northeast Corner of Lot #14 in Edgewood Village Subdivision; thence running S. 77 degrees 57’ 19” W 233.00 feet; thence running N 12 degrees 02’ 41” W 150.00 feet; thence running S 77 degrees 57’ 19” W 202.59 feet; thence running S 00 degrees 35’ 00’ E 153.05 feet to the BEGINNING.

THERE IS RESERVED UNTO OTTO CROLEY AND WIFE, FLOSSIE CROLEY, ALL MINERAL RIGHTS, IN AND UNDER SAID ABOVE DESCRIBED PROPERTY AND ALL ROYALTIES THEREFROM.

BEING ALL OF THE SAME PROPERTY Elizabeth Graf acquired from Joe Foley and wife, Shirley Foley, and Shelby Mays and wife, Brenda Mays, by General Warranty Deed dated November 13, 2003 and recorded December 10, 2003 in DEED BOOK 449, PAGE 51 and by Deed of Correction dated February 11, 2004 and recorded February 19, 2004 in DEED BOOK 450, PAGE 430, all records of the Whitley County Clerk’s Office at Williamsburg, Kentucky.

ALSO:

BEGINNING at the Northeast corner of Lot #19 in Edgewood Village Subdivision; thence running N 77 degrees 57’ 19” E 95.41 feet; thence running S 12 degrees 02’ 41” E  25.00 feet; thence running N 77 degrees 57’ 19” E 182.94 feet; thence running N 12 degrees 02’ 41” W 150.00 feet; thence running S 77 degrees 57’ 19” W 233.00 feet; thence running S 00 degrees 35’ 00” E 127.54 feet to the BEGINNING.

THERE IS RESERVED UNTO OTTO CROLEY AND WIFE, FLOSSIE CROLEY, ALL MINERAL RIGHTS, IN AND UNDER SAID ABOVE DESCRIBED PROPERTY AND ALL ROYALTIES THEREFROM.

BEING ALL OF THE SAME PROPERTY Elizabeth Graf acquired from Joe Foley and wife, Shirley Foley, and Shelby Mays and wife, Brenda Mays, by General Warranty Deed dated November 13, 2003 and recorded December 10, 2003 in DEED BOOK 449, PAGE 48 and by Deed of Correction dated February 11, 2004 and recorded February 19, 2004 in DEED BOOK 450, PAGE 433, all records of the Whitley County Clerk’s Office at 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 one-third percent (1/3%) of the purchase price down with the balance in sixty (60) days with interest at 12%.  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 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 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.

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. 13-CI-00427

L&N FEDERAL CREDIT UNION, PLAINTIFF VS: JAMES R. LACEFIELD and PAULA P. LACEFIELD, husband and wife; and HOMETOWN BANK OF CORBIN, INC., DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on August 19, 2013, 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 4, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The in rem judgment against the Defendants, James R. Lacefield and Paula P. Lacefield is as follows:

(1) The sum in the amount of $126,516.23, plus interest on the principal balance of $126,831.54 at the contract rate of 3.75% per annum from April 19, 2013 until paid.

(2) The additional sum of $16,630.64, plus interest on the principal balance of $16,232.86 at the contract rate of 5.00% per annum from April 19, 2013 until paid, plus costs in the amount of $444.00, plus attorney fees in the amount of $2,070.00.

Property Address is: 299 Citation Trail, Corbin, KY 40701.

The following property located in Whitley County, Kentucky, to-wit:

BEING LOT NUMBER ONE HUNDRED SEVENTY-ONE (171) of the residential development identified as Tattersall Trails Estates 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 which has been duly recorded and appears of record in Map Book 3, at page 20 (now Plat Cabinet 1, at Slide 181), in the office of the Whitley County Clerk at Williamsburg, Kentucky.

The property identified herein is subject to the terms and provisions of the declaration of Protective Covenants dated June 11, 1974 and recorded on June 11, 1974 in Miscellaneous Records Book 27, at page 425, in the clerk’s office aforesaid.

TOGETHER with all buildings, structures and other improvements now or hereafter located on the premises or any part and parcel thereof and the tenements, hereditaments, easements and appurtenances thereunto belonging.

BEING ALL THE SAME LAND acquired by James R. Lacefield and Paula P. Lacefield, husband and wife, by deed of conveyance from Christopher Brock, unmarried, and Jolene McKeehan, unmarried, dated October 13, 2008 and recorded in Deed Book 486, at page 434, 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%.  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 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.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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