Legal Notices for 11/18/09, page 2

 

 COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00654

 

CHASE HOME FINANCE LLC, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION            PLAINTIFF,

VS.

JERRY L. ROSE, LORI ANN ROSE, MIDLAND FUNDING LLC, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE   

 Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 2, 2009 I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants Jerry L. Rose and Lori A. Rose, plus costs, are as follows:

(1) The principal sum in the amount of $77,235.13, plus interest from 03/01/09 in the amount of $2,569.99, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $872.11, plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $81,777.23.

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

BEGINNING on an iron pin in the edge of a 40 ft wide county road and running with the edge of said road N 24º 45’ E 185 feet to an iron pin in the corner of Kersey; thence running with the line of Kersey S 84º 30’ E 251 feet to an iron pin;  thence continuing with the line of Kersey N 0º 54’ W 140 feet to an iron pin; thence with the line of Potter N 81º 00’ W 330 feet to the beginning.

BEING ALL THE SAME LAND acquired by Jerry L. Rose and Lori Ann Rose, husband and wife, by deed of conveyance from Wilda J. Carr, single, dated August 13, 2003 and recorded in Deed Book 445, at page 674, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

Said property address is: 236 Mountain View Road, Williamsburg, Kentucky 40769. 

 

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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00087

 

CHASE HOME FINANCE LLC, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF,

VS.

MARK A. STEPHENS, JUNE L. STEPHENS, CITIFINANCIAL SERVICES, INC., DEFENDANTS.

 

  NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 5, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Mark and June Stephens, plus costs, are as follows:

(1) The principal sum in the amount of $67,266.81, plus interest from 08/01/08 in the amount of $2,598.45, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $166.38, plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $71,131.64.

The property to be sold is as follows:

TRACT 1:

BEGINNING on a steel post in the C.T. Gray corner in the edge of Buttermilk Hollow Road; thence North 250 feet with the C.T. Gray line to a set steel post; thence East 158 feet to a set steel post in the edge of an open road;   thence South 290 feet with the open road to a set steel post at the edge of Buttermilk Hollow Road; thence West with the Buttermilk Hollow Road 150 feet to the beginning corner.

TRACT 2:

BEGINNING at the intersection of Buttermilk Hollow Road and an Open Road; thence North 100 feet with the Open Road to a cement post; thence East 165 feet to a cement post; thence Southeast 130 feet to a cement post; thence 120 feet to a cement post at the edge of Buttermilk Hollow Road; thence West 200 feet with the Buttermilk Hollow Road to the beginning.

BEING ALL THE SAME LAND acquired by Mark A. Stephens and June L. Stephens, husband and wife, by deed of conveyance from Clinton Patterson and Clara Patterson, husband and wife, dated 8-30-2004, and recorded in Deed Book 455, at page 238, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

Said property address is: 47 Dodge Road, Williamsburg, Kentucky 40769.

 

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 of the purchase price down, with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00024

 

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE REGISTERED HOLDERS OF AMERIQUEST MORTGAGE SECURITIES IN.,ASSET-BACKED PASS-THROUGH  CERTIFICATES, SERIES 2005-R9, PLAINTIFF,

VS.

JOETTA PETREY, COUNTY OF WHITLEY AKS ENERGY CORPORATION, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 2, 2009 I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant Joetta Petrey plus costs, are as follows:

(1) The principal sum in the amount of $252,909.91, plus interest at the rate of 6.80000 percent per annum from July 1, 2008, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

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

BEGINNING at an iron pipe on the West side of a 30 foot wide road, which is to be an access to this property, also a corner of the Petrey and Lewis property; then with the Petrey and Lewis line S 75 56 W. 310.64 ft. to an iron pipe; then still with the Petrey and Lewis line N 46 25 W 138.23 ft. to an iron pipe; then still with the Petrey and Lewis line N 6 00 E 348.46 ft. to an iron pipe in a hollow; then still with the Petrey and Lewis line and with the hollow N 68 10 E 147.90 ft. to a stake on the West bank of the Big Spruce Creek; then with the creek bank S 52 38 E 64.95 ft. to a stake; then still with the creek bank S 78 37 E 71.46 ft. to a stake; then still with the creek bank N 74 22 E 104.52 ft. to a stake; then still with the creek bank N 61 26 E 123.89 ft. to a stake; then still with the creek bank S 87 13 E 68.08 ft. to a stake; then still with the creek bank 61 45 E 85.33 ft. to a stake; then still with the creek bank S 10 09 W 75.75 ft. to a stake; then still with the creek bank S 20 47 W 93.20 ft. to a stake; then still with the creek bank S 22 06 W 196.67 ft. to a stake, a corner of the aforementioned Petrey and Lewis line; then leaving the creek and with the Petrey and Lewis line S 61 49 W 143.09 ft. to the beginning, containing 5.500 acres.

It is hereby understood that grantees will have a 30 foot right of way for their access to this property from U.S. Highway #25W and for their access to U.S. Highway 25W from this property for as long as they may desire.

Being the same property conveyed to Roy Petrey and wife, Joetta Petrey for their joint lives as tenants in common with the remainder in fee simple to the survivor of them, from Martha Petrey, a widow and Ronald Lewis and wife Brenda Lewis, by Deed dated 09/22/1979, recorded 10/11/1979, Deed Book 281, page 365, Whitley County Clerk’s Records, and being known as 6496 Cumberland Falls Highway, Corbin, KY 40701.  Subsequently, Roy Petrey died on January 24, 2006, thus Joetta Petrey became the sole vested titleholder by right of survivorship.

 

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, make a deposit of 10% 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00532

 

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATE HOLDERS FOR AGENT SECURITIES TRUST 2006-M2, ASSET-BACKED PASS-THROUGH  CERTIFICATES, SERIES 2006-M2, PLAINTIFF,

VS.

CONNIE T. PETTIT a/k/a CONNIE PETTIT, ROBERT PHILIP PETTIT a/k/a ROBERT P.  PETTIT, CAPITAL ONE BANK (USA) N.A. CITY OF WILLIAMSBURG, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 6, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Connie and Robert Pettit, plus costs, are as follows:

(1) The sum in the amount of $87,336.16, plus interest at the rate of 8.50000 percent per  annum from November 1, 2008, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

The property to be sold is as follows:

Being Lots one and two in the Lillian South Tye addition to the City of Williamsburg, KY.  as shown by plat filed in Map Book No. one at page 202 in the Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

Being the same property conveyed to Connie Pettit, from Anne L Pettit, an unremarried widow, by Deed dated 11/24/1997, recorded 11/24/1997, Deed Book 397, page 203, Whitley County Clerk’s Records, and being known as 321 Pine Street, Williamsburg, KY 40769.

 

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 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO.08-CI-00524

 

EVERHOME MORTGAGE COMPANY, PLAINTIFF,

VS.

JERRY THORTON a/k/a JERRY THORTON, MARY ELIZABETH WOODWARD THORTON, WILLIAMSBURG NATIONAL BANK, UNKNOWN DEFENDANT, SPOUSE OF JERRY THORTON a/k/a JERRY THORTON, UNKNOWN DEFENDANT, SPOUSE OF MARY ELIZABETH WOODWARD THORTON, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 5, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jerry Thorton a/k/a Jerry Thorton and Mary Elizabeth Woodward Thorton, plus costs, are as follows:

(1) The principal sum in the amount of $50,765.98, plus interest from 03/01/08 in the amount of $1,920.45, plus advancements for the protection fo the property, including taxes and insurance (negative escrow) in the amount of $44.08, plus late charges in the amount of $76.80, plus attorney fees (KRS 411.195) in the amount of $1,100.00 for a total in the amount of $53,907.31

The property to be sold is as follows:

Less than one acre 155’ north x 200’ east x 126’ south x 200’ west.

Location

BEGINNING at a stake some 670 feet northeast 75 degrees, from Tackett Creek road on the east side approximately 160’ northeast corner of bridge.

BEGINNING at a stake stated above measure 155 feet north 0 degrees.  Thence 200 feet east 90 degrees: Thence 126 feet south 0 degrees: Thence 200 feet Southwest 82 degrees to the beginning Stake.

CONVEYED ALSO is a 15 foot right of way easement along existing driveway from Tackett Creek Road to property being conveyed.

BEING A PART OF THE SAME PROPERTY conveyed to Grantors by deed from James Woodward, widower, dated April 15, 1988 and recorded in Deed Book 326, Page 502 of the Whitley County Court Clerk’s Office.

Being the same property conveyed to Mary Elizabeth Woodward Thorton and her husband, Jerry Thorton, from Billy Joe Woodward and his wife, Joyce Woodward, by Deed dated February 20, 2002 and recorded February 20, 2002 in Deed Book 433, page 69, records of the Whitley County Court Clerk’s Office.

Said property address is: 4610 Tackett Creek Road, Williamsburg, Kentucky 40769.

 

 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 of the purchase price down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00462

 

FIRST FRANKLIN FINANCIAL CORPORATION, PLAINTIFF,

VS.

LINDA B. SAWYERS, ET AL, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 5, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Linda B. Sawyers, plus costs, are as follows:

(1) The sum in the amount of $25,689.79, plus interest on the principal sum at the rate of 9.125% per annum from February 1, 2009 until paid, plus costs and fees, plus reimbursement for attorney’s fees, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate.

The property to be sold is as follows:

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

Tract No. 16 in Kenneth Goff Subdivision No. 1:  Beginning at a stake at the right of way of the 40 ft. subdivision road, a corner of Tract No. 17; thence with line of Tract No. 17 N. 77 W. 243 feet to a stake; thence N 29 E. 76 feet to a wild cherry; thence N. 49 E 197 feet to a stake; thence N. 10 W. 63 feet to a stake, corner of Tract No. 15; thence with line of Tract No. 15, S. 66 W. 119 feet to a stake in the right of way of 40 ft. subdivision road; thence with said road, S. 2 E. 200 feet to a stake; thence S. 22 W. 175 feet to a stake, the beginning corner, containing one acre, more or less.

Being the same property conveyed to Randolph B. Sawyers and his wife, Linda Sawyers, by virtue of a deed from Kathryn S. Carroll, unmarried, dated December 30, 1992,  filed  January 5, 1993, recorded in Deed Book 361, Page 12, County Clerk’s Office, Whitley County, Kentucky.

Parcel Number: 175-00-00-016.00

Property Address: 88 South Maple Creek Sub Road, Williamsburg, KY 40769

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

Commonly known as: 88 South Maple Creek Sub Road, Williamsburg, KY 40769

 

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 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00399

 

OTIS MEADORS AND HIS WIFE, BARBARA MEADORS; KENNETH MEADORS AND HIS WIFE, SHIRLEY R. MEADORS, JOYCE HEWELL AND HER HUSBAND, ROBERT HEWELL; BARBARA PETERSON AND HER HUSBAND, DONALD PETERSON; BARRY HOBBS AND HIS WIFE, VICKIE HOBBS; PAULINE HAGEWOOD, A/K/A PAULINE ODOM, A/K/A PAULINE ODUM, SINGLE; WILLIAM BOLES, SINGLE; AND HATTIE LAY, SINGLE, PLAINTIFF,

VS.

PAMELA LLOYD AND HER HUSBAND, DAVE LLOYD LAY, JR. AND HIS WIFE, DIANNA LAY; ROBERT LAY AND HIS WIFE, CINDY LAY; BARBARA PARKER DAWSON AND HER HUSBAND, DAVE DAWSON; BEATRICE PRICHARD, SINGLE; AND NORMA JEFFERS AND HER HUSBAND, JAMES C. JEFFERS; AND WHITLEY COUNTY, KENTUCKY, DEFENDANT.

 

NOTICE OF

COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 5, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The property shall be sold as a whole and the proceeds obtained from the sale of said real estate shall be divided between the parties hereto as their respective interest may appear after payment of all costs of sale and after payment of all expenses incurred by the plaintiffs in the prosecution of this action, including a reasonable attorney’s fee.

The property to be sold is as follows

TRACT NO. 1:

Being all the same land conveyed to Travis Lay, by James Lay and wife, Susan Lay, by deed bearing date January 21, 1914, which is duly recorded in Deed Book 121, Page 272, Whitley County Court Clerk’s Office, containing 12 acres, more or less, and bounded and described as follows:

BEGINNING at a white oak and hickory on the bank of Jellico Creek and in a line of Nathaniel Walkers; thence S 63 E 32 poles to a white oak and pine same course continued 3.12 poles to a stake at the county road with said road 32.60 poles to a small poplar and sourwood and pine; thence leaving said road N 59 ½ W 15.24 poles to a maple on top of a ridge; thence N 75 W 40 poles to a stake on the bank of Jellico Creek with water birch and elm marked as pointers; thence up the creek with its meanders to the BEGINNING.

TRACT NO. 2:

Being a parcel of land in Whitley County, Kentucky on the waters of Jellico Creek, known as a part of the Nathaniel Walker survey, containing 40 acres, more or less and being all the same property conveyed to Travis Lay by deed of A.J. Ball and wife, Hattie Ball, dated September 24, 1924, recorded in Deed Book 108, Page 134, Whitley County Court Clerk’s Office, containing 12 acres, more or less, and bounded and described as follows:

BEGINNING on a white oak and pine Jones and Lay’s corner, A.N. Walker and J.B. Walker corner; thence running with the big road leading to the Walker mill South 7 West 28 poles; thence South 32 West 16 poles; thence South 41 West 22 poles to a black oak stump with a sprout on it; thence South 87 ½ East 38 poles to a black oak in Jones’ line; thence North 2 West 23 poles to a black oak and white oak, Jones & Lay’s corner; thence with Lay’s line to a white oak, the BEGINNING corner.

TRACT NO. 3:

Being a parcel of land located on the waters of Jellico Creek in Whitley County, Kentucky, and being all the same property conveyed to Travis Lay and wife, Mary Lay, by deed from John S. Jones and wife, Emma Jones, dated March 3, 1930, recorded in Deed Book 225, Page 173, Whitley County Court Clerk’s Office, containing 200 acres, more or less, and bounded and described as follows:

BEGINNING at the upper end of the farm at the county road running down the hill with the old line to deep hollow to a beech found-3 ribbons on tree on the bank of a branch, a corner; then leaving the old line running down the branch to an oak on down the hollow to a pine, a corner; thence a straight line to a poplar on the bank of the County Road, a corner; thence up the road to a pine on the bank of the county road, a corner; thence a straight line up the hill to a black oak near the old fence; thence out the hill to a stake, a corner; thence up the hill to the top of the hill to a white oak; thence a straight line to an elm on the bank of Jellico Creek, Travis Lay’s corner; thence back with his line to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Dorothy Lay by deed from Beatrice Prichard, et al., dated May 6, 2000, recorded in Deed Book 418, Page 499 of the Whitley County Clerk’s Office.  See also Last Will of Dorothy Ellen Lay, recorded in Will Book 26, Page 188, of the Whitley County Court Clerk’s Office.

 

TERMS OF SALE

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

2. 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.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 07-CI-00760

 

PHH MORTGAGE CORPORATION, PLAINTIFF,

VS.

LEE SANDERS aka LEE Z. SANDERS, FLORI SANDERS aka FLORI A. SANDERS, USAA FEDERAL SAVINGS BANK, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 5, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Lee Sanders aka Lee Z. Sanders and Flori Sanders aka Flori A. Sanders, plus costs, are as follows:

(1) The sum in the amount of $95,484.34, as set forth in and supported by the Account

Status Affidavit filed with Plaintiff’s Motion for Judgment, plus interest on said judgment at the rate of 6.00000% from the date of the Account Status Affidavit until paid, plus additional fees, costs and expenses in accordance with the terms of the note and mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the real estate.

The property to be sold is as follows:

The following described real estate in Whitley County, Corbin, Kentucky:

Lying on the north side of the Cumberland Falls Highway (U.S. 25W), near Corinth, Whitley County, Kentucky, and more particularly described as follows:

Being Lot No. 9 of the Ridge Point Subdivision developed by Irvin Akins surveyed by R.R. Moses, 10-31-96 (plat recorded in Map Book 4, Page 196, Slide 369) and described in metes and bounds as follows:

Beginning at a survey marker at the western right of way of Ridge Point Lane, said point being the northeastern corner of Lot No. 8; thence leaving the western right of way of the said Ridge Point Lane and with the northeastern line of Lot No. 8 N 52° 32’ 56” W, 126.89 feet to a survey marker at the easterly line of the Ralph Cornelius et al property (Deed Book 319, Page 398); thence with the said Cornelius line N 41° 02’ 35” E, 90.18 feet to a survey marker, said point being the southwestern corner of Lot No. 10; thence with the said southwestern line of Lot No. 10 S 52° 32’ 56” E, 121.24 feet to a survey marker at the western right of the aforementioned Ridge Point Lane; thence with said western right of way of Ridge Point Lane S 37° 27’ 04” W, 90.00 feet to the point of Beginning, containing 0.2563 acres.

Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Deutsche Bank Company Americas, aka Deutsche Bank Trust company Americans, to Lee Z. Sanders and Flori A. Sanders, husband and wife, by virtue of a deed dated 11/03/2005 and recorded on 11/14/2005 at Deed Book 465, Page 307 of the Whitley County, Kentucky real estate records.

Said property address is: 199 Ridgepoint Lane, Corbin, Kentucky 40701.

 

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 10% down with the balance in 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00430

 

STATE FARM BANK, FSB, PLAINTIFF,

VS.

JIMMY WALTERS a/k/a JIMMY D. WALTERS a/k/a JIMMY DEAN WALTERS, TINA WALTERS a/k/a TINA M WALTERS a/k/a TINA MARIE WALTERS, BENEFICIAL KENTUCKY INC. d/b/a BENEFICIAL MORTGAGE COMPANY OF KENTUCKY, TRI-COUNTY NATIONAL BANK, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 2, 2009 I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants Jimmy Walters a/k/a Jimmy D Walters a/k/a Jimmy Dean Walters and Tina Walters a/k/a Tina M Walters a/k/a Tina Marie Walters, plus costs, are as follows:

(1) The sum in the amount of $84,737.02, plus interest at the rate of 6.87500 percent per annum from February 1, 2009, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195. The said real property is located in Whitley County, Kentucky and is more specifically described as follows: 

BEING LOT NUMBER FOURTEEN (14) of the residential development identified as Biltmore Grove Estates located in Whitley County, Kentucky; and for more complete and detailed description of said lot, reference is hereby made to plat of said subdivision development which has been duly recorded and appears of record in Plat File 373 in the office of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

The property identified herein is subject to the terms and provisions of the declaration of Protective Covenants for Biltmore Grove Estates dated July 11, 1997 and appearing of record in Miscellaneous Book 96, at Page 55, in the Clerk’s Office aforesaid.

Being the same property conveyed to Jimmy D Walters and his wife, Tina M Walters, from Tri-County National Bank, by Deed dated 05/19/2000, recorded 05/24/2000, Deed Book 418, page 406, Whitley County Clerk’s Records, and being known as 114 Wells Lane, Corbin, KY 40701.

 

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 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00442

 

U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-5, PLAINTIFF,

VS.

GARY JENSEN a/k/a GARY DEAN JENSON, WANDA JENSEN, DEFENDANTS.

 

  NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 2, 2009 I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants Gary Jensen a/k/a Gary Dean Jenson and Wanda Jensen, plus costs, are as follows:

(1) The principal sum in the amount of $66,538.56, plus interest on said judgment at the rate of 9.50000% from the date of the Account Status Affidavit until paid, plus additional fees, costs and expenses in accordance with the terms of the note and mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the real estate, plus attorney fees, title abstract and title update fees paid, or agreed to be paid, to its counsel for the prosecution of this matter, plus Court costs of this action incurred to date, plus additional costs which may be expended for execution upon this judgment. The said real property is located in Whitley County, Kentucky and is more specifically described as follows: 

PIDN: 138-30-03-009.00

Beginning at a stake on the north side of Seventeenth Street at the W.M. Hughes corner; thence northward with the said Hughes line 142 ½ feet to said Hughes corner at an alley; thence westward with said alley 50 feet to a stake; thence southward running parallel to first line; 142 ½ feet to a stake at the edge of Seventeenth Street; thence eastwardly with Seventeenth Street fifty (50) feet to the beginning, and being Lot #3 in Block “C” Lincoln Park Addition to the City of Corbin.

Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Ronald Gary Monhollen and his wife, Ina Monhollen, to Gary Jensen and his wife, Wanda Jensen, by virtue of a deed dated 05/19/2006 and recorded 05/23/2006 at Deed Book 469, Page 348 of the Whitley County, Kentucky real estate records.

Said property address is: 604 17th Street Corbin, Kentucky 40701.

 

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 10% 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 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 13th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00037

 

CITIMORTGAGE, INC., PLAINTIFF,

VS.

STARLIN DIXON, NATALIE DIXON, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 6, 2009, and subsequent Order entered November 13, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Starlin Dixon and Natalie Dixon, plus costs, are as follows:

(1) The sum of $90,896.85 plus interest from 07/01/08 in the amount of $6,663.61 plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $683.88 plus late charges in the amount of $340.40 plus property inspection fees in the amount of $8.00 plus attorney fees in the amount of $1,100.00, for a total of $99,692.84.

The property to be sold is as follows:

Beginning at a point on Poplar Street in the city of Corbin, KY; thence South 70 feet to a point; thence East 104 feet to a point; thence 45 feet South to a point; thence East 106 feet to a point; thence 115 feet North to a point; thence West 210 feet along Poplar Street to the beginning.

Being the same property conveyed by deed to Starling and Natalie Dixon, husband and wife, from William S. Mullins and Debra Mullins, husband and wife, dated October 14, 2005, recorded in Deed Book 464 at page 705, of records in the Whitley County Clerk’s Office, Williamsburg, KY.

Said property address is:  1201 S. Poplar Avenue, Corbin, KY 40701.

 

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 (1/3rd) down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

 Dated this 16th day of November, 2009.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

NOTICE OF INTENTION TO MINE

Pursuant to Application No. 918-0408 Operator Change No. 1

In accordance with 405 KAR 8:010, notice is hereby given that Monties Resources, LLC, 4184 S HWY 25W Williamsburg, KY.  40769 intends to revise permit number 918-0408 to change the operator.  The operator presently approved in the permit is Monties Resources, LLC, 4184 S HWY 25W Williamsburg, KY.  The new operator will be: Corn Creek, LLC, 1295 West Garmon Rd. N.W. Atlanta, GA 30327

The operation is located 0.1 mile south of Corn Creek in Whitley County.   The operation is approximately 0.4 mile southwest of Corn Creek McNeil Hollow Road’s junction with State Route 1064 and located in the waters of Corn Creek.  The operation is located on the Corbin & Rockholds U.S.G.S. 7 1/2 Minute Quadrangle Map.   

The application has been filed for public inspection at the Department for Natural Resources; Middlesboro Regional Office, 1804 E. Cumberland Ave. Middlesboro, KY 40965.  Written comments or objections must be filed with the Director of the Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601. All comments or objections must be received with in fifteen (15) days of today’s date. 

 

ADVERTISEMENT FOR BIDS

The City of Williamsburg, Kentucky is accepting bids for the following “Fire Truck” by the Williamsburg Fire Department until 2:00 pm on Friday, November 30, 2009, at City Hall, 423 Main Street, Williamsburg, KY 40769. The vehicle is located at the Williamsburg Fire Station for inspection. If you need more information please contact James Privett at 606-215-0332 or 606-549-6037.

1. 1987 C70 Chevrolet Fire Truck, 5 Speed Transmission, 1000 Ga. a minute pump plus a 24 Ft. ladder.

The City Reserves the Right to Reject Any or All Bids.

 

Cumberland Valley Regional Housing Authority

Section 8 Rental Assistance Program promotes housing eligible families in private rental housing. CVRHA will be accepting applications for the Section 8 Housing Choice Voucher Program waiting list on December 17, 2009. Applications will be taken at CVRHA in Williamsburg from 9:30am-2:30 pm.

After this date, Applications will close Until Further Notice!!!

If you have any questions regarding the application process please call 1-800-928-5971 or TDD # 1-800-247-2510. Individuals who have a physical impairment, which may prevent them from completing an application in person, may call CVRHA to make special arrangements in order to complete the application. This notice is for Section 8 Rental Assistance only; Public Housing applicants should contact their local Public Housing Office.

 

 

NOTICE OF SALE OF FRANCHISE

By virtue of a resolution heretofore passed by the Council of the city of Williamsburg, Kentucky, directing the advertisement for bids and selling of a franchise to use certain streets, alleys, and public grounds of the city of Williamsburg, Kentucky for the purpose of owning, operating, equipping and maintaining a system for the transmission and distribution of electric energy. The City Clerk of Williamsburg will on December 7, 2009, at or about 4:00 PM sell at public auction to the highest bidder at the City Hall of Williamsburg a franchise for the purpose set out. Said franchise is more particularly described and fully defined in a proposed ordinance granting and creating the same and said proposed ordinance defines the terms and conditions upon which said sale shall be made, the full text of which is available for inspection in the office of the Williamsburg City Clerk, 423 Main Street, Williamsburg, Kentucky. The ordinance by title and summary is as follows: ORDNANCE #09-006. AN ORDINANCE ESTABLISHING A FRANCHISE AGREEMENT RELATED TO THE TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND THE PROVISION OF RETAIL ELECTRIC SERVICE IN AREAS HERETOFORE SERVED BY KENTUCKY UTILITIES COMPANY. Teresa Black, City Clerk, Published November 18, 2009.