Legal Notices for 11/30/2011, page 1

 

 NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0427

In accordance with the provisions of KRS 350.055 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has filed an application for an amendment to an existing surface coal mining and reclamation operation.  This amendment proposes to add 13.40 acres of surface contour mining area and 22.00 acres of auger area.  The total proposed permit acreage of 193.49 acres is located approximately 2.26 miles south of Nevisdale in Whitley County.

The proposed amendment area is approximately 2.26 miles south from Gatliff Road’s junction with KY 904 and located near the head of Patterson Creek.

The proposed amendment area is located on the Saxton, KY 7½ minute quadrangle map.  The operation will use the contour and auger method of surface mining.  The surface area is owned by Andy Shelton Heirs and the Gibbs & St. Clair Heirs.

The application has been filed for public inspection at the Department for Natural Resources, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00001

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. ALLEN PERRY; UNKNOWN SPOUSE OF ALLEN PERRY; BENEFICIAL KENTUCKY, INC.; ENERGY ASSOCIATES, INC.; 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 Defendant, Allen Perry, plus costs, is as follows:

(1) The Defendant, Allen Perry, is indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the sum of $94,422.88, with interest thereon at the contract rate of 8.85% per annum from September 16, 2011 until November 7, 2011, 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 2006 Clayton Mobile Home, Serial No. CAP020037TNAB currently situated on the real property and shall be included with the real property.

(3) The property shall be sold subject to the oil and gas lease held by Energy Associates, Inc.

Said property address is: 116 Little Wolf Creek Rd., Williamsburg, Kentucky 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded as follows, viz:

BEEGINNING on a water birch at the edge of Wolf Creek and running S 26 W 40 feet to a stake; thence S 7 W 193 feet to a small white oak and stake; thence S 43 E 1370 feet to a sugar maple; thence down the mountain 75 feet to a poplar in hollow; thence down the hollow 1592 feet to a stone at droan at the creek; hence up the creel in a westerly direction 1236 feet to the beginning.

There is also conveyed an easement for a right-of-way for ingress and egress running from Little Wolf Creek Road to the above property fifteen feet in width, where it is presently located.

Being the same property conveyed to Allen Perry, by General Warranty Deed, recorded 01/30/04, in Deed Book 450, Page 86, in the Office of The Whitley County Clerk.

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. Included in the sale is a mobile home currently situated on the real property described as a 2006 Clayton Mobil Home, Serial No. CAP020037TNAB.

3. 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, 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00539

THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1, PLAINTIFF, VS. SONNY HART, JR.; UNKNOWN SPOUSE (IF ANY) OF SONNY HART, JR.; DANA ARLENE HART; DISCOVER BANK; JAMOS FUND 1, LP; 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, Sonny Hart, Jr., and Dana Arlene Hart, plus costs, is as follows:

(1) The principal sum in the amount of $162,556.59, plus interest on the principal sum at the rate of 3% per annum from January 1, 2011 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.

The property to be sold is as follows:

Parcel No.: 138-00-00-015.00

Legal Description:

The Following described Real Estate located in Whitley County, Kentucky, to-wit:

Beginning at a large oak tree near Roy Skinner present line and a small branch; thence westward a straight line to what is now called the New Hart Hollow Road to a stake, which stake is located five (5) feet northward from a present fence line; thence southward with the New Hart Hollow Road to O.L. Hart corner; thence eastward with O.L. Hart line to Roy Skinner present line; thence northward with Roy Skinner line to the large oak tree, the beginning.

Ruth Skinner granted and conveyed to Gary Bruce Rains and wife, Margaret Sue Rains, their heirs, successors and assigns, a private right-of-way and easement thirty (30) feet in width extending from Highway #26 (South Main Street) over, across and through her subject property a distance of approximately 260 yards to the boundary line of the property herein conveyed, and being located at the existing roadway leading to said property.

Being the same property conveyed to Sonny Hart, Jr. who acquired title by virtue of a deed from Sonny Hart and his wife, Wanda Hart, dated March 17, 2004, filed March 17, 2004, recorded in Deed Book 451, Page 211, County Clerk’s Office, Whitley County, Kentucky.

Property Address: 491 23rd Street, Corbin, KY 40701

Parcel Number: 138-00-00-015.00

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

Commonly known as: 491 23rd Street, 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 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, they may take a credit upon its judgment, 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-00467

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG, NATIONAL BANK,  PLAINTIFF, VS. BRENDA RHODES, single; SHERRY RHODES; APPLIED CARD BANK; CITIFINANCIAL; KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY; TAX EASE LIEN INVESTMENTS 1, LLC; TAX EASE LIEN INCVESTMENTS, LLC; JPH LIEN SERVICES, LLC; JAMOS FUND 1; 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 8, 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 Defendant, Brenda Rhodes, single, plus costs, is as follows:

1. Pursuant to Count I, the principal sum in the amount of $69,983.86 as of October 3, 2011, plus interest at the rate of 6.99% per annum until November 8, 2011, and thereafter at the maximum judgment rate until paid.

2. Pursuant to Count III, the principal sum in the amount of $294.01 as of October 3, 2011, plus interest at the rate of 11% per annum until November 8, 2011, and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  5747 S. Highway 25W., Williamsburg, KY 40769.

TRACT NO. I:

A certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Clear Fork River:

BEGINNING at a concrete marker in corner of Claude Foley at edge of right of way of U.S. 25-W and running West 210 feet with the Foley line to a concrete marker in line of Earl Lambdin; thence running a Northeasterly direction with Lambdin line 100 feet to a concrete marker; thence running East about 205 feet to a concrete marker in edge of right of way of U.S. 25-W; thence with right of way of U.S. 25-W, 100 feet to the BEGINNING.

TRACT NO. II:

BEGINNING at an iron pin on the West right of way of Kentucky Highway 25-W, and being the Southeast corner of the Lonnie Bowman tract and bearing South 15 degrees 44 minutes 16 seconds West, 100.49 feet from a power pole on the West right of way of Kentucky Highway 25-W and also bearing North 18 degrees 55 minutes 32 seconds East, 219.68 feet from a 36 inch beech tree located in the front of the Gary Foley residence; thence running with the right of way of Kentucky Highway 25-W, South 14 degrees 53 minutes 07 seconds West, 20.00 feet to a point bearing South 14 degrees 53 minutes 07 seconds West, 100.00 feet from an iron pin and the Southeast corner of the Bobby Ray Foley tract and the Northeast corner of the Gary Foley tract; thence leaving the right of way and running with the original North line of Bobby Ray Foley, North 73 degrees 59 minutes 15 seconds West, 173.11 feet to a point in a fence line; thence running with the fence, North 38 degrees 35 minutes 45 seconds East, 21.65 feet to an iron pin and the Southwest corner of the Lonnie Bowman tract; thence running with Lonnie Bowman’s South line, South 73 degrees 59 minutes 15 seconds East, 164.40 feet to the point of BEGINNING, and containing 0.077 acres, more or less.

THE AFORESAID 2 TRACTS HAVE BEEN RE-SURVEYED IN 1 BOUNDARY AS FOLLOWS:

BEGINNING at an iron pin on the West right of way of Kentucky Highway 25-W and being the Southeast corner of the Lonnie Bowman tract and bearing South 15 degrees 44 minutes 16 seconds West, 100.49 feet from a power pole on the West right of way of Kentucky Highway 25-W and also bearing North 18 degrees 55 minutes 32 seconds East, 219.68 feet from a 36 inch Beech tree located in the front of the Gary Foley residence; thence running with the right of way of Kentucky Highway 25-W, South 14 degrees 53 minutes 07 seconds West, 120.00 feet to an iron pin bearing North 23 degrees 45 minutes 33 seconds East, 100.34 feet from a 36 inch Beech tree in the front of the Gary Foley residence and being the Northeast corner of the Gary Foley tract; thence leaving the right of way and running with the original North line of Bobby Ray Foley, North 73 degrees 59 minutes 15 seconds West, 170.12 feet to a 36 inch Beech tree; thence running North 73 degrees 59 minutes 15 seconds West, 46.54 feet to an iron pin in a fence line; thence running with the fence, North 38 degrees 35 minutes 45 seconds East, 129.94 feet to an iron pin and the Southwest corner of the Lonnie Bowman tract; thence running with Lonnie Bowman’s South line, South 73 degrees 59 minutes 15 seconds East, 164.40 feet to the point of BEGINNING, and containing 0.52 acres more or less.

BEING THE SAME PROPERTY conveyed to Brenda Rhodes, single, by deed dated March 8, 2004, from Jason A. Gambrell, a/k/a Jason A. Gambrel and his wife, Chasity Jo Gambrell, a/k/a Chasity Jo Gambrel, and recorded in Deed Book 451, page 75 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 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

 

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

 

COUNTY TAXPAYER’S NOTICE

The 2011 Whitley County oil & gas bills will be due and payable Dec. 1, 2011. If you do not receive your bill in the next few days, please contact the Whitley County Sheriff’s Office or visit our website at whitley.startaxing.com.  When mailing in your payment, please include your copy of the tax bill or put the bill number on your check. If you wish a paid receipt returned to you, please enclose a self-addressed, stamped envelope. The following are the collection dates:

2% Discount:             12-1-11 thru 12-31-11

Face Amount:             1-1-12 thru 1-31-12

5% Penalty:             2-1-12 thru 2-29-12

21% Penalty:             beginning 3-1-12

Please make checks payable to:  Whitley County Sheriff Department at P.O. Box 118, Williamsburg, KY 40769