Legal Notices for 11/23/2011, page 2

 

 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 22nd day of November, 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-00471

HOMETOWN BANK OF CORBIN, INC., PLAINTIFF, VS. D&D RENTAL PROPERTIES, LLC; DONNA B. VANCE; KEITHLEY R. DEATON; KENTUCKY HOUSING CORPORATION; CITY OF CORBIN, KENTUCKY; 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 November 7, 2011, 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, December 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, D&D Rental Properties, LLC, Donna B. Vance, and Keithley R. Deaton, both jointly and severally, plus attorney fees and costs, is as follows:

1. The principal sum in the amount of $33,515.77, plus interest in and at the rate of 12% per annum from November 7, 2011, until paid in full.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  28 Civil Center Drive, Corbin, KY 40701.

Beginning on a set iron pin and cap in the Eastern edge of Civic Center Drive (20 feet from approximate centerline), and in the southern edge of an un-named street (20 feet from approximate centerline), said pin also being located approximately 200 feet northeast of the intersection of KY Highway 312; Thence leaving Civic Center Drive and with the southern edge of said un-named road S 66-53-54 E 67.02 feet to a set iron pin and  Thence leaving said road and with a new dimension line severing the parent tract S 22-24-51 W 99.01 feet to a set iron pin and cap in a line common to Lloyd Foley (DB 274 PG 298); Thence with line common to said Foley N 66-53-54 W 54.09 feet to a set iron pin and cap in the Eastern edge of Civic Center Drive (20 feet from the approximate centerline); Thence with the eastern edge of said road N 14-59-02 E 100.00 feet to the point of beginning. Containing 0.14 acres by survey conducted on April 25th 2006 by Richard A. Reece, PLS#3358 with H&R Surveying. Unless stated otherwise, any monument referred to herein as a “set iron pin and cap” is a set W’ by 18” iron pin with orange plastic cap stamped H&R PLS#3358. All bearings given herein are referenced to the magnetic meridian as obtained in the field on April 25th, 2006 by taking random sight and turning angles therefrom.

Being the same land acquired by D&D Rental Properties, LLC, by deed recorded in Deed Book 468, Pg 754, 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 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 22nd day of November, 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-00561

FORCHT BANK, NA, formerly known As WILLIAMSBURG, NATIONAL BANK,  PLAINTIFF, VS. CLAY SMITH, Single; CASSIE SMITH, Single; WHITLEY COUNTY, KENTUCKY, and LAUREL 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 door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, December 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Clay Smith and Cassie Smith, plus costs, is as follows:

1. Pursuant to Count I, the principal sum in the amount of $20,019.35, plus interest thereon at the rate of 9.99% per annum ($5.343464 per day) until October 3, 2011, and thereafter at the judgment rate of 12% per annum until paid in full.

2. Pursuant to Count II, the principal sum in the amount of $12,016.47, plus interest thereon at the rate of 4.25% per annum ($1.393346 per day) until October 3, 2011, and thereafter at the judgment rate of 12% per annum until paid in full.

3. Pursuant to Count III, the principal sum in the amount of $82,750.74, plus interest thereon at the rate of 5.99% per annum ($13.454211 per day) until October 3, 2011, and 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:  1674 Highway 26, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, on waters of Watts Creek, KY HWY #26.

BEGINNING at a set stone at edge of right of way of HWY #26 in the line of the Jones heirs and thence East 70 feet with the Jones line to a set stone; thence S 156 feet to a set stone; thence West 70 ft to a set stone in the edge of KY HWY #26; thence with the edge of said right of way North 156 feet to the point of BEGINNING.

BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Jonathan L. Blakley, single, dated February 26, 2008, recorded in Deed Book 482, Page 315 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, then, and in that event, no payment shall be required and no bond shall be executed by them.  If Forcht Bank, NA, is the highest bidder for a sum less equal to or less than its Judgment, Forcht Bank, NA, shall only be required to pay the costs and expenses of the Commissioner’s sale. 

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 22nd day of November, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616