Legal Notices for 10/8/14, page 2

 

 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 30th day of September, 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. 13-CI-310

U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSMPS Mortgage Loan Trust 2005-RP3, Plaintiff, VS. Karen M. Helton aka Karen Helton; Rema W. Helton aka Remy Helton; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY- Eastern); Commonwealth of Kentucky – 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 September 16, 2013, and a subsequent Order entered November 21, 2013 Amending the Judgment and Order of Sale, and a subsequent Order entered August 18, 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, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Karen M. Helton aka Karen Helton and Rema W. Helton aka Remy Helton, plus costs, is as follows:

(1) The principal sum in the amount of $27,451.20, plus interest from 10/1/12 in the amount of $1,328.42, plus late charges in the amount of $301.20, plus property inspection fees in the amount of $385.41, plus escrow balance credit in the amount of $302.49, for a total in the amount of $29,163.74 together with interest at the rate of 7.0000 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.

Property Address: 1465 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on a stake, at the corner of Cledia Faulkner’s and Gracie Cain’s line; thence at the old country road; thence S 46 W 200 feet; thence S 56 W 200 feet; thence S 76 W 244 feet; thence N 50 W 100 feet; thence N 41 W 280 feet to a sweet gum tree corner; thence S 37 E 300 feet; thence S 63 E 100 feet to a stake; thence N 62 E 100 feet; thence N 65 E 100 feet, N 55 E 100 feet, N 65 E 100 feet to the beginning.

Being the same property conveyed to Karen M. Helton and Rema W. Helton, wife and husband, by deed dated November 30, 2001 and recorded December 01, 2001 in Deed Book 431 Page 281 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 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 30th day of September, 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-00222

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. JAMES SCOTT SERGENT aka JAMES SCOTT SARGENT; JESSICA SERGENT; CENTRAL FINANCIAL SERVICES, INC; AND DISCOVER BANK, 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, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, James Scott Sergent, aka James Scott Sargent, plus costs is as follows:

(1) The principal sum in the amount of $28,636.63, plus unpaid interest of $475.53, plus late charges of $397.90, plus other fees of $627.37 for a total payoff of $30,181.43, plus interest and accruing daily at a rate of $2.3863858 (as of March 19, 2014).

Property Address: 905 Tyes Ferry Road, Rockholds, KY 40759.

BEGINNING at a stake at the edge of Tye’s Ferry Road (KY 511); thence with said road Eastward 187-1/2 feet to a stake in a fence line at Cotterell’s corner; thence with the Cottrell fence Southward 260 feet to a stake, a corner common to Cottrell and Leland and Joie Wells; thence a conditional line between the parties running West 140 feet to a stake; thence North 150 feet to a stake; thence Northwest including the driveway 140 feet to a stake at edge of said State HWY 511, the beginning.

Ainer Jackson and Irene Jackson have previously reserved the Blue Gem Coal with the right to ingress and egress to remove same in a prior deed dated February 28, 1978, recorded in Deed Book 272, at Page 553-554, Whitley County Court Clerk’s Office.

Being the same real property conveyed to Leland Wells and wife, Joie Wells, by deed from James Carter and wife, Audry Carter, dated December 11, 1998, of record in Deed Book No. 405, Page 158, Whitley County Court Clerk’s Office.

Being the same property conveyed to James Scott Sargent, a single person in deed dated May 6, 2002 from Leland Wells and Wife, Joie Wells and recorded in Deed Book 435, Page 104 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 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 30th day of September, 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. 13-CI-393

Bank of America, N.A., Plaintiff, VS. Crystal Smith, individually and as Executrix of the Estate of Margaret Durham; Unknown Defendant, Spouse of Margaret Durham; Unknown Defendant, Spouse of Crystal Smith; Timothy Durham; Unknown Defendant, Spouse of Timothy Durham, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 21, 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, October 20, 2014, 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 $96,109.78, plus interest from 05/1/12 in the amount of $9,611.04, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,218.91, plus property preservation in the amount of $1,734.48, plus tax lien in the amount of $22.00, for a total in the amount of $109,696.21, together with interest at the rate of 5.0000 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 $1,150.00, 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: 3278 Highway 511, Corbin, 40701.

The land referred to in this commitment is described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being the same land conveyed to the first parties by Jack Ford and wife, Pamela Ford, by deed dated April 30, 1993, and of record in Deed Book 363, Page 317, Whitley Court Clerk’s Office, and bounded and described as follows:

Beginning at a set stone in the Buffalo Road at Sexton’s corner, thence with the Buffalo Road in an eastern direction 200 feet to a set stone; thence about north 297 feet to an oak tree in Sexton’s line; thence with Sexton’s line 358 feet to the beginning corner. This lot is in the form of a triangle.

Being the same property conveyed to Margaret Durham from Ramona Duncan, a single person, and David Tucker, a single person, in 7/15/99 and recorded on 7/20/99 in Deed Book 410 Page 503 of the records of the Whitley County Clerk’s Office. Margaret M. Durham died 2/23/12.

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 30th day of September, 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. 13-CI-00654

U.S. BANK, N.A., AS TRUSTEE ON BEHALF OF MID-STATE TRUST VI, BY GREEN TREE SERVICING LLC, AS SERVICER WITH DELEGATED AUTHORITY, PLAINTIFF, VS. BARBARA PHIPPS; WAYNE SUPPLY a/k/a WHAYNE SUPPLY COMPANY p/k/a WAYNE SUPPLY, INC.; JOHN O. RATLIFF; KELVIN HART; WENDY HART; EDGAR A. BEASLEY; JANICE SUE BEASLEY; DELORES JUNE DELPH; JAMES D. DURHAM; FIRST NATIONAL BANK & TRUST CO of CORBIN NOW KNOWN AS WHITAKER BANK; LEWIS HELTON; HARCE MCDARIES; SYLVIA MCDARIES; OTIS SMITH, JR.; SHIRLEY SMITH; FRED J. WARWICK; AND WHITLEY COUNTY, KENTUCKY; AND UNKNOWN SPOUSE OF BARBARA PHIPPS; UNKNOWN SPOUSE OF DELORES JUNE DELPH; UNKNOWN SPOUSE OF FRED J. WARWICK-(CAROLYN WARWICK); UNKNOWN SPOUSE OF HARCE MCDARIES; UNKNOWN SPOUSE OF JAMES D. DURHAM; UNKNOWN SPOUSE OF JOHN O. RATLIFF; UNKNOWN SPOUSE OF LEWIS HELTON; AND UNKNOWN SPOUSE OF SYLVIA MCDARIES, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 16, 2014, and subsequent Order entered June 20, 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, October 20, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The IN REM Judgment against the Defendant, Barbara Phipps, plus costs is as follows:

(1) The sum in the amount of $21,478.66 as of September 15, 2013, with interest thereon at the contract rate of 10.00% per annum until the date of entry hereof, and thereafter at the contract rate, until paid.

Property Address: 264 Rock Castle Street, Corbin, Kentucky 40701

Beginning on an iron pin of right of way intersection of Rockcastle Road and I-75; Thence North 17 degrees 07 minutes 01 seconds East for a distance of 276.74 feet with the right of way of I-75 to an iron pin on north bank of a branch; thence South 52 degrees 07 minutes 11 seconds East for a distance of 134.15 feet leaving right of way to an iron pin in said branch; thence South 31 degrees 50 minutes 07 seconds West for a distance of 218.09 feet to an iron pin on right of way of Rockcastle Road; thence North 82 degrees 40 minutes 50 seconds West for a distance of 31.31 feet with said road right of way to an iron pin; thence South 88 degrees 52 minutes 02 seconds West for a distance of 41.25 feet with said road right of way to the point of beginning.

Together with and subject to covenants, easements, and restrictions of record.  Said property contains 0.5542 acres more or less.

The conveyance to Fred J. Warwick recorded in Deed Book 375, Page 424 in the Whitley County Clerk’s Office is excepted from this description.  The conveyance to Otis Smith, Jr. and Shirley Smith recorded in Deed Book 375, Page 409 in the Whitley County Clerk’s Office is also excepted from this description.  The conveyance to Edgar A. Beasley and Janice Sue Beasley is also excepted from this description.

This being a part of the same property conveyed to Orville Phipps and Barbara Phipps, his wife, by deed dated November 7th 1994, by Gerald N. Hart and Marjorie L. Hart, his wife, and recorded in Deed Book 375 Page 200-202, County of Whitley, State of 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 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 30th day of September, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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