Legal Notices for 11/9/2011, page 3

 

 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

 

PUBLIC NOTICE 

Due to the upcoming Election – the Whitley County Tourism Board shall hold the November regular scheduled meeting on 11/16/11 at 5:00 pm in the Whitley County Fiscal Court Room, Whitley County Courthouse, 200 Main Street, Williamsburg, KY 40769.

 

NOTICE:

Notice is hereby given by order of the Whitley District Court that the following appointments have been made:

Robert E. Nash, Jr., 329 Fred Nash Lane, Corbin, KY 40701 has been appointed Executor for the estate of Robert Nash, deceased, 415 Fred Nash Lane, Corbin, KY 40701; J.R. Wesley Hoskins, 718 18th St., Corbin, KY 40701 has been appointed Executor for the estate of Francis Earl Barfield, deceased, 110 N. Poplar Ave., Corbin, KY 40701; Edith Carolyn Hopper, 506 Ike Monhollen Rd., Corbin, KY 40701 has been appointed Executrix for the estate of Orville J. Hopper, deceased, Brad Freeman is attorney for said estate, PO Box 1546, Corbin, KY 40702; Tony Sears and Bill Sears of Corbin, KY have been appointed Co-Executors for the estate of Howard Byrd (H.B.) Sears, 2452 Gordon Hill Pike, Corbin, KY 40701, deceased, Larry Conley is attorney for said estate, 714 S. Main St., Corbin, KY 40701; Margaret Worley has been appointed Administratrix for the estate of Dale E. Worley, deceased, 462 Ward Cemetery Rd., Corbin, KY 40701; Bryan Anderson has been appointed Administrator for the estate of Roger Anderson, deceased, B.J. Foley is local agent, 205 Main St., Williamsburg, KY 40769.

All persons having claims against the said estates are requested to present same, verified according to law to the said Appointees, not later than six months from said date of appointment.

Given under my hand this 31st day of October, 2011.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769

 

NOTICE:

Donna Berry has filed the final settlement for the estate of Johnny Sibley.

Exceptions, if any, must be filed prior to December 5, 2011.

The hearing will be held at Whitley District Court, 805 S. Main Street, Corbin, KY 40701.

Given under my hand this 31st day of October, 2011.

GARY W. BARTON

DISTRICT AND CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769

 

NOTICE:

William C. Dizney, 74 Lyric Lane, Corbin, KY 40701 has been appointed Administrator over the estate of Steven G. Dizney, deceased.

Geraldine Taylor, PO Box 11, Williamsburg, KY 40769 has been appointed Executrix over the estate of Jack Taylor, Sr., deceased.

Joann Reynolds, 115 Egnor Hollow Road, Rockholds, KY 40759 has been appointed Administrator over the estate of Linda Miller, deceased.

All persons having claims against the said estates are requested to present same, verified according to law to the said Appointees, not later than six months from said date of appointment.

Given under my hand this 1st day of November, 2011.

GARY W. BARTON, CLERK

WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY 40769