Legal Notices for 11/14/12, page 3

spousal dower interest in said real property.

That Joy Brock, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Robert Brock, has a spousal dower interest in said real property.

That Sandra Kay Prewitt, single, is adjudged to have a one-third (1/3) undivided interest in the below described real property.

That the Defendant, Vinland Energy, LLC, assignee from Huntington Energy Corporation, has a Right-of-Way Easement across the subject real estate dated May 23, 1990, which Right-Of-Way easement shall be recognized and shall have its due priority in regards to any sell of the property and any purchaser of the real estate shall be subordinate to the Right-Of-Way Easement.

PROPERTY ADDRESS: 175 Incline Road, Corbin, KY 40701

BEGINNING on a black gum and maple, a corner in S. R. Lawson land; thence with said Lawson’s line near a south course to a dogwood; thence S. 67 W. with Ab Trivillian’s line to four dogwoods and a pine; thence S. 5½ W. 82 poles to a pine in the South line of the H. B. Barton land; thence N. 77 E with said line 74 poles to a pine and black oak; thence N. 62 E 34 poles to the BEGINNING.

There is excepted out of the above boundary about 5 A. more or less to Earl Mobley, and also a tract to Ollie Mobley about 2 A. more or less.

There is excepted from the above description certain tract conveyed to Buford Watson and Jennifer Watson, by Deed dated December 22, 1977, recorded in Deed Book 272, page 333 of the Whitley County Court Clerk’s Office.

BEING THE SAME PROPERTY CONVEYED to Joan Angel, Joy Brock, and Jeffery Prewitt, by Deed of Correction dated May 30, 1995, from Earnie B. Prewitt and his wife, Edith Prewitt, and recorded in Deed Book 379, Page 258 of the Whitley County Clerk’s Office.

There is a Right-of-Way Easement dated May 23, 1990, between Huntington Energy Corporation and Ernie and Edith Prewitt of Route 2, Box l5lA, Corbin, Kentucky 40701, for a consideration of Two Thousand Dollars, ($2,000.0Q) which states as follows:

The purpose of this right of way is to connect the R. L. Owens well to the Molly Phelps well. This right of way is to be fifteen feet (15’) in width and will contain a three inch (3”) plastic natural gas line and one metal drip. Mr. Prewitt, at his discretion, may lay a water line in this ditch. This easement will be in effect for as long as gas is transported through this line. At any time this line is inactive for six consecutive months, it will revert to Mr. Prewitt. 

Huntington Energy Corporation will provide two taps for Mr. Prewitt and J. R. and Jennifer Watson of Route 2, Box 151D-l, Corbin, Kentucky 40701. The above mentioned property owners will be responsible for all hookups, meters and connections.

Huntington Energy Corporation agrees to sell Mr. Prewitt and Mr. Watson natural gas, as long as it is available, for one-half the residential price per mcf for natural gas that Delta Natural Gas sells in Corbin. Any additional homes on to the Prewitt property can be tapped to one of the original taps. If for some reason the R. L. Owens well is dry, the Prewitt’s and Watson’s may substitute the Owens gas by using the Molly Phelps gas.

This easement is for a pipeline and drip only and does not have provisions for any dehydrators, compressors, or any other mechanical devices.

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 court 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 Kentucky ad valorem taxes for the year 2012, and 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 30th day of October, 2012.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT

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