Legal Notices for 11/27/13, page 2

(1) The principal sum in the amount of $36,139.77, plus interest on the principal sum at the rate of 6% per annum from October 1, 2012 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

Property Address: 1050 Highway 26, Williamsburg, Kentucky, 40769

Parcel No: 127-00-00-037.00

The following property situated in the City of Williamsburg, County of Whitley, State of Kentucky, to-wit:

Beginning at a stone Lee Durham corner and on East bank of State of Highway No. 26; thence with the line of State Highway No. 26 N 29 degrees E, 424 feet to center of driveway; thence S 61 degrees 45’ E, 61 feet to center of wall; thence S 50 degrees 30’ E, 224 feet to stone; thence S 46 degrees W, 490 feet to a stone corner of Durham Bundy; thence with the Durham line N 26 degrees W, 124 feet to the Beginning. One half of the Well is conveyed in this deed.

Exception: There is excepted from this conveyance and not conveyed herein all of the same land conveyed by John Roberts and wife, Bessie Roberts, to Walter Roberts, by deed dated January 4, 1993 and recorded in Deed Book 361, Page 299, to which deed reference is made for a complete description of the property which is excepted from this conveyance.

Being the same property conveyed to Donald W. Archer and Shannon C. Archer, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Charles Archer and Sarah Archer, husband and wife, dated March 14, 2006, recorded March 16, 2006, at Deed Book 467, Page 686, Whitley County, Kentucky records

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment, and in that event, no down 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 12th day of November, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 13-CI-00417

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. JEFF L. THOMAS; JEANNETTE M. THOMAS; 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 7, 2013, 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 2, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Jeff L. Thomas and Jeannette M. Thomas, plus costs, is as follows:

(1) The Defendants, Jeff L. Thomas and Jeannette M. Thomas, are indebted to the Plaintiff in the sum of $75,208.00 as of June 18, 2013, with interest thereon at the contract rate of 10.04% per annum until the date of entry hereof, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action.

(2) There is a 2011 Clayton Mobile Home, Serial No. CLH035344TNAB that is situated on the real property and shall be included with the real property.

Said property address is: 3130 Highway 26, Corbin, KY 40701.

The real property to be sold is as follows:

DEED ONE

BEGINNING at a fence post on West side of private road leading from Route #26 and in right of way of L&N Railroad; with right of way of L&N Railroad in a Westerly direction approximately 400’ to corner and line of Chrisley Eaton property, with the old fence and line of Chrisley Eaton in Southerly direction approximately 350’ to a stake on bank of large branch; thence leaving Eatons line and down branch with meanders of same in Easterly direction approximately 326 ft. to stake at Western edge of private road; thence with road in Northerly direction approximately 340’ to fence post the BEGINNING corner.  The grantee is to have use of this road as entrance to his property.

DEED TWO

BEGINNING at a point in east line of L&N railroad right of way at the northwest corner of the Ben Eaton 100 acre tract; thence with the right of way line S 67 W 1072 feet to a stake on the east side of the Butcher-Brown roadway; thence with the East side of said roadway and 15 feet from the centerline thereof S 30 ½ W 74 feet, S 3 E 76 feet, S 16 E 224 feet, S 27 E 142 feet to Brown’s corner; thence with his line N 50 E 1173 feet to a sweet gum in Ben Eaton’s line; thence with the Ben Eaton’s line N 15 W 264 feet to the BEGINNING, including the use of the 30 foot roadway along the west end of this property out to Highway No. Ky. #26.

Being the same property conveyed by Deed to Jeffrey Thomas and his wife, Jeannette Thomas, from James E. Thomas and his wife, Donna F. Thomas, dated July 11, 2008, recorded July 11, 2008 in Deed Book 484 at Page 599, of records in the Office of the Clerk of Whitley County, Williamsburg, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, it 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 12th day of November, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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