Legal Notices for 10/30/13, page 3

 

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