Legal Notices for 11/2/2011, page 2

 

CIVIL ACTION NO. 11-CI-00030

FIRST STATE FINANCIAL, INC. f/k/a TOWN AND COUNTRY BANK, PLAINTIFF, VS. BILLY S. LAWSON and his wife, SHEA LAWSON, a/k/a DONNA SHEA LAWSON; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS, DEPARTMENT OF REVENUE; DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE; MIDLAND GINDING, LLC; HUDSON & KEYSE, LLC; LIEN SOLUTIONS, LLC; 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 April 4, 2011, and a subsequent Order Dismissing the Chapter 13 Bankruptcy (Case#11-60683) entered on September 9, 2011.  I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Billy S. Lawson and Shea Lawson, Donna Shea Lawson, personally, jointly and severally, plus costs is as follows:

(1) The principal sum in the amount of $125,030.80 as of January 3, 2011, plus interest at the rate of $20.28 per day until April 4, 2011, and interest thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  315 Casey Road, Corbin, KY 40701.

BEGINNING on a survey marker in N line of 30 ft. wide unnamed county road in E corner of Warren Hale (DB 326, Pg 6); thence with Hale line N 30 17 29 W 115.18 ft. to a point in centerline of a drain, mkr (3233, (N 86 15 26 E 13.43 from said marker); thence N 29 17 27 W 54.29 ft. to point in said drain (3233), N 15 15 28 E 49.99 ft from said survey marker; thence with centerline of drain N 67 30 48 W 64.04 ft. to a point ref (3233) bears S 87 12 53, 13.70 ft. from marker; thence N 29 02 11 W 44.26 ft. to a point ref (3233) which bears S 86 15 09 W 8.83 ft. from marker; thence N 18 35 05 E, 8.83 ft. to marker (3233); thence N 18 35 05 E 62.69 ft. to a white oak; thence N 17 03 19 E 64.55 ft. to a 12” forked gum; thence N 27 32 25 E 89.76 to a 10” gum’ thence N 31 08 54 E 128.29 ft. to a 12” white oak; thence N 40 58 09 E 134.11 ft. to a white oak; thence S 50 09 32 E 270.12 ft. to a 16” black oak; thence S 43 39 08 E 308.16 ft. to marker (3233); thence S 54 55 30 W 579.20 ft. to point of BEGINNING.

BEING the same property conveyed to Billy S. Lawson and his wife, Shea Lawson, by deed from Louis W. Long, Jr., recorded January 28, 2004 of record in Deed Book No. 450, Page 52, 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%.  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, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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. 11-CI-00390

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. VELVET A. MYERS,  DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 3, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, November 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Velvet A. Myers, plus costs, is as follows:

(1) The principal sum in the amount of $105,252.03, plus interest from 11/1/09 in the amount of $12,060.18, plus pre-acceleration late charges in the amount of $153.45, plus total escrow in the amount of $1,849.08, plus BPO in the amount of $78.00, plus property preservation in the amount of $70.00, plus property inspections in the amount of $60.00, for a total in the amount of $119,522.74, together with interest at the rate of 6.2500 percent per annum from October 3, 2011 until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee in the amount of $1,350.00.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property address is: 202 Hightop Road, Corbin, Kentucky 40701.

Being Lots 1, 2 and 3 of Black E” In the Jack Reasor Farm Subdivision, as recorded in Map Book” “at page 190, Whitley County Court Clerk’s Office. (Lots 1 and 2 of Block “E” are each 50 feet wide and face upon the County Road and extend between parallel lines a distance of 100 feet and Lot 3 in sand Block “E” lies directly back of and joins Lots 1 and 2 and extend a distance of 200 feet.

Said property was conveyed to Velvet A. Myers, by Barbara S. Peterson and Donald R. Peterson, wife and husband, on November 4, 2008, by deed recorded on November 6, 2008, in Deed Book 486, Page 738, in the Office of the Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase, and shall only be required to pay the court costs, the fees and costs of the Master Commissioner, then, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00562

COMMERCIAL BANK, INC., SUCCESSOR IN INTEREST TO UNION NATIONAL BANK AND TRUST COMPANY, PLAINTIFF, VS. JOHNNY LEE; BRENDA LEE; FIRST FINANCIAL CREDIT, INC.;  LVNV FUNDING, LLC; 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 12, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Johnny Lee and Brenda Lee, plus costs, is as follows:

(1) The sum in the amount of $120,317.52 together with interest that has accrued thereon from August 11, 2011, accruing at that rate of $13.3037 per diem, until September 12, 2011, and thereafter at the highest rate allowed by law until paid in full, plus applicable late fees.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address: 130 Trails End, Corbin, Kentucky 40701

Being Lot No. 346 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51, in the Whitley County Court Clerk’s Office and to which map or plat reference is hereby made for a more full and complete description of said lot.

The foregoing property is subject to protective and restrictive covenants as set forth in Miscellaneous Record Book 36, Page 445-449, in the Whitley County Court Clerk’s Office.

Being the same property acquired by Johnny A. Lee and wife, Brenda K. Lee from Ricky D. Harris and wife, Beulah F. Harris by deed of conveyance dated February 12, 2004 and of record in Deed Book 450, Page 414, 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 (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%.  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, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00632

THE UNION BANK OF JELLICO, TENNESSEE,  PLAINTIFF, VS. STEPHANIE LAWSON; and GARY W. LAWSON; COMMUNITY TRUST BANK; 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 12, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Stephanie Lawson and Gary W. Lawson, plus costs, is as follows:

(1) The principal sum in the amount of $11,078.75, plus interest thereon at the rate of 11% per annum ($3.2297 per day) until September 12, 2011, and thereafter interest at the judgment rate of 12% per annum until paid in full, plus its reasonable attorneys fees and costs.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address: 76 Holder Hobbs Road, Williamsburg, Kentucky 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the certain property conveyed to Gary Lawson & wife, Penny Lawson by Herman Wilhoit, a widower, by deed bearing dated January 12, 1982, which is duly recorded in Deed Book 292, Page 345 of the Whitley County Court Clerk’s Office, and bounded and described as follows, viz:

BEGINNING at a set stone in the edge of right of way of Hill Road at a point 175 feet West of the Beginning corner of the Herman Wilhoit line and running thence in a southerly direction 165 feet to a set stone; thence running in a westerly direction 120 feet to a set stone in the edge of the Hill Road; thence running with the curve and right of way of the Hill Road to the BEGINNING,

Being the same property conveyed to Stephanie Lawson by deed from Gary Lawson and his wife, Penny Lawson, recorded in Deed Book 466, Page 135 of the Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (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%.  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, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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-00775

GREEN TREE SERVICING, LLC, ASSIGNEE OF TAMMAC HOUSING CORP., PLAINTIFF, VS. THOMAS GRAY, WENDY GRAY, FIRST FINANCIAL CREDIT, INC., CENTRAL FINANCIAL SERVICES, INC., AND US BANK-CUSTODIAN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 4, 2010, and subsequent orders entered April 4, 2011 and September 6, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Thomas Gray, Wendy Gray, First Financial Credit, Inc., Central Financial Services, Inc. and US Bank-Custodian, plus costs, is as follows:

(1) The sum in the amount of $79,767.38 with interest thereon at the contract rate of 10.04% from October 1, 2009, until January 4, 2010, and thereafter at the contract rate, until paid.

The property to be sold is as follows:

Said property address is: 460 Kensee Hollow Road, Williamsburg, Kentucky 40769.

Exhibit “A”

A certain tract or parcel of land lying in Whitley County, Kentucky, on Clear Fork River, and being the same land conveyed to Wendell L. Stevens and wife, Sarah Stevens by Luther E. Rowe and wife Fannie Rowe, by deed dated September 25, 1980, which is duly recorded in Deed Book 286, page 389-398, and sec. deed from Sarah Stevens to Wendell L. Stevens, by deed dated April 22, 1992, which is duly recorded in Deed Book 358, page 400-402, Whitley County Court Clerk’s Office, containing 1 acre more or less, and bounded and described as follows, vis:

TRACT NO. III BEGINNING on a set stone at the edge of old railroad right of way; thence running North 426 feet with the meanders of a branch to a rock culvert at edge of old county road; thence West 98 feet to a stone corner, thence running South 240 feet with the meanders of the hill to a stone; thence running further South 160 feet to a set stone at the edge of the old railroad right of way; thence East with said right of way 150 feet to the point of BEGINNING.

Being the same property Thomas Gray and wife Wendy Gray obtained title to by deed dated 3-28-07 executed by Bobby Joe Osborne and wife Ruth Osborne of record in DB 476, at Pg. 188 in the Whitley County Clerk’s Office.

Being the same property Bobby Joe Osborne and wife Ruth Osborne obtained title to by deed dated June 27th 1996, executed by Wendell L. Stevens and wife Margaret Faye Stevens of record in DB386. at pg. 368 in the Whitley County Clerk’s Office.

ALSO included along with the property is a 1997 Champion mobile home Serial No. 54979019543AB.

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 forty-five (45) 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, its shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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. 10-CI-00827

FORCHT BANK, NA, PLAINTIFF, VS. CAROL SUTHERLAND, single; 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 October 3, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Carol Sutherland, plus costs, is as follows:

(1) The principal sum in the amount of $3,741.80 as of September 20, 2011, plus interest at the rate of 12.5 % per annum until paid.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  Lot 5, Deep Hole Subdivision, Williamsburg, KY 40769.

BEING Lot Number 5 in the Deep Hole Subdivision in Whitely County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 47, Whitley County Clerk’s Office, to which reference is made for a complete description.

A 16 foot right of way, where now located, goes with the above lot and continues on to lot #6.

Being the same real property conveyed to Mortgagor, by deed from James Sutherland, dated December 5, 2008, recorded in Deed Book 487, Page 420; See also deed to James Sutherland from Billy Ray Hammons, single, dated August 11, 2004, recorded in Deed Book 454, Page 66 of 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%.  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 less than its Judgment, the Plaintiff shall only be required to pay the costs and expenses of the Commissioner’s Sale, then, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-01036

FORCHT BANK, NA, PLAINTIFF, VS. JACQUELYNE BAKER, a/k/a JACQUELYN BAKER, single; SHARON KNUCKLES, single; 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 March 14, 2011, and a subsequent Order for Master Commissioner to Schedule Sale entered September 12, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jacquelyne Baker a/k/a Jacquelyn Baker; Sharon Knuckles, plus costs, is as follows:

(1) The principal sum in the amount of $17,613.14 as of December 8, 2010, plus interest at the rate of 7.5% per annum ($3.575960 per day) until March 14, 2011, and interest thereafter at the judgment rate of 12% per annum until paid.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  149 New Bennett Branch Road, Siler, KY 40763.

BEGINNING at the New Bennett Branch Road on Arthur Lee line, following Arthur Lee line about 350 feet northwest to a stone; thence Northeast about 120 feet to the New Bennett Branch Road; thence southeast along New Bennett Branch Road about 350 feet to the beginning, containing ½ acre, more or less, and being triangular in shape.

BEING THE SAME PROPERTY conveyed to Jacquelyne Baker, single, and Sharon Knuckles, single, by deed dated March 15, 2008, from Larry Baker and his wife, Debbie Baker, Herman Lee and his wife, Rene Lee, Elden Lee and his wife, Linda Lee and Shelly Scarborough and her husband, Sam Scarborough, and recorded in Deed Book 483, Page 790 of the Whitley County Court Clerk’s Office. See also Deed dated November 13, 1981, and recorded in Deed Book 292, Page 113. See Last Will and Testament of Leander Lee, deceased, recorded in Will Book 25, Page 747. See also, Affidavit of Descent for Leander Lee, recorded in Deed Book 483, Page 787.

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%.  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, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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. 11-CI-00144

FIRST NATIONAL BANK AND TRUST, PLAINTIFF, VS. D&D RENTAL PROPERTIES, LLC, A Kentucky limited liability company; DONNA HUTSON (a/k/a DONNA B. HUTSON and DONNA B. VANCE and DONNA HUTSON VANCE), individually; and KEITHLEY R. DEATON (a/k/a K.R. DEATON), individually; CHARTER GROUP, LLC, a foreign limited liability company, CITY OF LONDON, KENTUCKY; LAUREL COUNTY, 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 12, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, November 14, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

There are two (2) tracts of real property located in Whitley County, Kentucky (each tract to be sold separately).

The judgment against the Defendants, D&D Rental Properties, LLC, and Keithley R. Deaton (a/k/a K.R. Deaton), and Donna Hutson (a/k/a Donna B. Hutson and Donna B. Vance and Donna Hutson Vance), plus costs, is as follows:

(1) The sum of $91,263.69 as of February 9, 2011, with interest continuing to accrue on the unpaid balance of $89,061.53 at an annual rate of 6.25% or at a daily rate of $15.2503, until September 12, 2011, and at the legal rate thereafter; plus any late charges, advances for taxes, insurance, and it costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with Defendants’ default and for the purposes of protecting its interest in the property and its rights under the Mortgage instrument. 

PARCEL ONE:

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

Property Address: 312 9th Street, Corbin, Whitley County, Kentucky.

BEGINNING at a stake in line Madison Street, at corner of Lot 69 running South 80 west with Madison Street, 75 feet to a stake at corner of Lot 69 in the line “E” of Lot No. 67 N about 185 feet more or less; thence N to stake 75 feet to Petrey’s line; thence with Petrey’s line 185 feet, more or less; thence to the BEGINNING this same lot to be part of Lot No. 67, 68 and 69 as shown on plat of Moore’s Addition to the town of Corbin, Kentucky, on record in County Court Clerk’s office of Whitley County, same lot being 75 feet of the west side of Lots 67, 68 and 69 all of the above being transferred except that part previously transferred to G. B. Skinner which was a small back lot on Moore’s Branch.

BEING ALL THE SAME PROPERTY D&D Rental Properties, LLC, acquired from Cumberland Valley National Bank and Trust Company by Deed dated July 16, 2004 and recorded August 2, 2004 in Deed Book 454, Page 365, Whitley County Clerk’s records, Williamsburg, Kentucky.

(2) And the judgment against the Defendants, D&D Rental Properties, LLC, and Keithley R. Deaton (a/k/a K.R. Deaton), and Donna Hutson (a/k/a Donna B. Hutson and Donna B. Vance and Donna Hutson Vance), plus costs, is as follows:

(3) The sum of $36,320.10 as of February 9, 2011, with interest continuing to accrue on the unpaid balance of $35,431.99 at an annual rate of 6.25% or at a daily rate of $6.0671, until September 12, 2011, and at the legal rate thereafter; plus any late charges, advances for taxes, insurance, and it costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with Defendants’ default and for the purposes of protecting its interest in the property and its rights under the Mortgage instrument. 

PARCEL TWO:

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

Property Address:  608 3rd Street, Corbin, Whitley County, Kentucky.

Two certain lots, to wit, Lots 9 and 11 in Block 92 of the West End Land Company’s Addition to the City of Corbin on the corner of Third and Steele streets being 50 by 102 feet each including house an other improvements on same, reference being hereby made to said Company’s map for more accurate description.

BEING ALL THE SAME PROPERTY D&D Rental Properties, LLC acquired from David B. Hudson, single, by Warranty Deed dated February 8, 2005 and recorded February 14, 2005 in Deed Book 459, Page 79, Whitley County Clerk’s records, Williamsburg, Kentucky.

TERMS OF SALE

1. The above real property located in Whitley County, Kentucky (each tract to be sold separately) 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 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, and shall only be required to pay court costs, and all unpaid county property taxes due and owing, and the fees and costs of the Master Commissioner, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 24th day of October, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616