Legal Notices for 12/1/10, page 1

 

 COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00657

HOUSEHOLD FINANCE CORPORATION II, PLAINTIFF, VS. JOSEPH DAVIS JR; LARONDA DAVIS; COUNTY OF WHITLEY; US BANK-CUSTODIAN/SASS MUNI V DTR; COMMUNITY TRUST BANK, NA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on November 8, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, December 6, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Joseph Davis Jr. and Laronda Davis, plus costs, are as follows:

(1) The principal sum in the amount of $145,456.85, plus interest at the rate of 8.00000 percent per annum from February 22, 2008, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS411.195.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

BEGINNING at a steel post, thence in a southwestwardly direction 210.00 feet with the fence line to a concrete marker; thence in a southwestwardly line 213.00 feet to a concrete marker; thence in a northwestwardly direction 225.00 feet to a concrete marker; thence in a northeastwardly direction 230.00 feet to the steel post at the BEGINNING.

There is also conveyed herein a twenty (20) foot right of way along the fence for the purpose of ingress and egress.

Being the same property conveyed to Joseph Davis, Jr., and wife LaRonda Davis, from Joseph Davis and wife Debra Davis, by Deed dated 08/16/1999, recorded 04/24/2000, Deed Book 417, page 475, Whitley County Clerk’s Records, and being known as 96 Buss Manning Road, Williamsburg, KY 40769.

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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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, 2010.

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. 09-CI-00911

HSBC MORTGAGE SERVICES INC, ASSIGNEE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIDELITY MORTGAGE OF OHIO, INC., PLAINTIFF, VS. DANNY RAY RIGGS; DONNA RIGGS; COMMONWEALTH OF KENTUCKY, EDUCATION CABINET, EX REL. DIVISION OF UNEMPLOYMENT INSURANCE, DEFENDANTS.

 NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 11, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, December 6, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Danny Ray Riggs and Donna Riggs, plus costs, are as follows:

(1) The principal sum in the amount of $102,112.46, together with accrued interest thereon at the current Note rate of 5.25% per annum starting from June 1, 2009, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus Plaintiff’s attorney fees of at least $2,500.00, pursuant to KRS 411.195, as Counsel is not a salaried employee of Plaintiff.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN WHITLEY COUNTY, KENTUCKY, TO-WIT:

A TRACT OF LAND IN NORTHERN WHITLEY COUNTY, LOCATED ON THE SOUTH SIDE OF BAYS-DERRING ROAD, ON THE EAST SIDE OF A PAVED 40’ STREET AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A REBAR IN THE SOUTH R/W LINE OF BAYS-DEERING ROAD, SAID REBAR ALSO BEING IN THE EAST R/W LINE OF A PAVED STREET; THENCE LEAVING THE R/W LINE OF SAID ROAD AND WITH THE R/W LINE OF SAID STREET WITH THE FOLLOWING CALLS: S 3-18-01 E 23.69 FEET TO A POINT, S 6-52-17 E 58.23 FEET TO A POINT, S 11-18-47 W 43.58 FEET TO A POINT, S 17-48-27 W 68.49 FEET TO A REBAR IN THE EAST R/W LINE OF SAID STREET, SAID REBAR BEING A CORNER TO A 12’ X 200’ STRIP OF LAND; THENCE LEAVING THE R/W LINE OF SAID STREET AND WITH THE LINE OF SAID STRIP, S 72-43-51 E 200.00 FEET TO A REBAR, A CORNER TO SAID STRIP AND ALSO IN THE LINE OF LOT #3 OF THE GREEN ACRES SUBDIVISION; THENCE LEAVING THE LINE OF SAID STRIP AND WITH THE LINE OF SAID LOT #3, N 17-16-09 E 188.00 FEET TO A REBAR A CORNER TO SAID LOT #3, SAD REBAR ALSO BEING IN THE SOUTH R/W LINE OF SAID ROAD; THENCE LEAVING THE LINE OF SAID LOT #3 AND WITH HE R/W LINE OF SAID ROAD, N 72-56-21 W 235.92 FEET TO THE BEGINNING, CONTAINING 0.90 ACRES.

ALL REBARS IN THE ABOVE DESCRIPTION ARE ½’ X 18” WITH A YELLOW PERMANENT CAP STAMPED G.S. BROCK L.S. 558.

ALL BEARINGS ARE MAGNETIC AND THE REFERENCE BEARING WAS TAKEN WITH A SIPE-SUMNER COMPASS.  THERE WAS NO APPARENT LOCAL ATTRACTION.

THE ABOVE DESCRIPTION IS BOUNDED ON THE NORTH BY BAYS-DEERING ROAD, ON THE EAST BY LOT #3 OF THE GREEN ACRES SUBDIVISION, ON THE SOUTH BY A 12’ X 200” STRIP OF LAND AND ON THE WEST BY A 10’ PAVED STREET.

BEING ALL THE SAME LAND ACQUIRED BY DANNY RAY RIGGS AND DONNA RIGGS, HUSBAND AND WIFE BY DEED FILED 10/7/1998 IN BOOK 403, PAGE 689.

Parcel No. 086-00-00-100.01

Being the same property conveyed to Danny Ray Riggs and Donna Riggs, by DEED dated September 29, 1998, and being filed of record on October 7, 1998 in Book 403, Page 689, in the Office of the Clerk of Whitley County, Kentucky.

Said property address is: 4 Green Acres, Corbin, Kentucky 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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, 2010.

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. 10-CI-00202

L & N FEDERAL CREDIT UNION, PLAINTIFF, VS. RONALD S. SANDERS AND TAMMY L. SANDERS, HUSBAND AND WIFE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on November 1, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, December 6, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The in rem judgment against the defendants, Ronald C. Sanders and Tammy L. Sanders, husband and wife, plus costs, are as follows:

(1) The sum in the amount of $105,294.24 plus interest on the principal balance of $102,881.90 at the contract rate of 7.75% per annum from January 20, 2010 until paid, together with the plaintiff’s costs herein expended including attorney fees in an amount to be determined by the Court in further proceeding herein.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Beginning on an iron pin located on the north side of county road common to the Lawson parcel; thence with the north side of county road, the following calls: N 56 degrees 44’ 10” W, 136.86 feet to a point, N 66 degrees 09’ 00” W, 41.14 feet to an iron pin, located on the north side of county road, common to the Sizemore parcel; thence, leaving road, N 23 degrees 00’ 00” E, 348.65 feet to an iron in common to the Sizemore and Gilreath parcel; thence S 68 degrees 38’ 35” E, 195.00 feet to an iron pin, common to the Gilreath and Lawson parcel; thence S 24 degrees 58’ 27” W. 378.10 feet to the place of beginning, containing 1.54 acres more or less.

BEING ALL THE SAME LAND acquired by Ronald C. Sanders and Tammy L. Sanders, husband and wife, by deed of conveyance from Ruth Brittian and Jerry W. Brittian, wife and husband, dated August 30, 2007 and recorded in Deed Book 479, at page 327, in the office of the Whitley County Clerk at Williamsburg, Kentucky.

Said property address is: 474 Ballard Ford Road East, Williamsburg, Kentucky 40769.

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 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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, 2010.

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. 10-CI-00553

PHH MORTGAGE CORPORATION, PLAINTIFF, VS. BOBBY J. ROSE; COMMONWEALTH OF KENTUCKY – FINANCE AND ADMINISTRATION CABINET; UNKNOWN DEFENDANT, SPOUSE OF BOBBY J. ROSE; MELINDA SILVER ROSE; UNITED STATES OF AMERICA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 11, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, December 6, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Bobby J. Rose, plus costs, are as follows:

(1) The principal sum in the amount of $55,417.30, plus interest from 07/1/09 in the amount of $3,938.05, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $692.64, plus NSF fees in the amount of $25.00, plus late charges in the amount of $682.04, plus Attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $61,855.03.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

A certain tract of land lying on the south side of Taylor Circle Road at Savoy, with an address of 61 Taylor Circle Road, Williamsburg, Whitley County, Kentucky 40769, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “steel stake” is a set ½ inch diameter rebar stake, approximately twenty four inches in length, with a yellow plastic cap stamped “EG 3276”.  All bearings stated herein are referred to the magnetic meridian as observed on April 25, 2002, along the north side of the property described herein.

Beginning at a steel stake set at the end of a fence in the south right-of-way line of Taylor Circle Road, 25 feet from the road center line, a corner to the Frank Taylor Heirs (DB367, Pg 213, DB 402, Pg 637, DB 422, pg 416) and the tract described herein; thence with the right-of-way line N 64-00-27 E, 105.41 feet to a steel stake set  as the end of a fence, a corner to Oscar Satterfield (DB 343, Pg 053) and the tract described herein; thence with the Oscar Satterfield line and the fence S 28-25-27 E, 154.72 feet to a steel stake set in a fence corner, a corner to Andrew J. Barton (DB 381, Pg 613, DB 388, Pg 545) and the tract described herein; thence with the Andrew J. Barton line and the fence S 60-05-45 W, 95.86 feet to a steel stake set at a fence corner, a corner to the Frank Taylor Heirs and the tract described herein; thence with the Frank Taylor Heirs line and the fence N 31-46-49 W. 161.94 feet back to the point of beginning, containing 0.37 acre, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on April 25, 2002.

Being the same property conveyed to Bobby J. Rose, from Stephanie Ramsey, on September 19, 2002 and recorded on September 20, 2002 in Deed Book 438, Page 385 of the records of the Whitley County Clerk’s Office.

Said property address is: 61 Taylor Circle Road, Williamsburg, Kentucky 40769.

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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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, 2010.

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. 10-CI-00667

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. DANIEL J. ESSEK, A/K/A DANIEL JOHN ESSEK (IN REM); DONNA ESSEK, A/K/A DONNA G. ESSEK, A/K/A DONNA GAIL ESSEK (IN REM); AND COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on October 11, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, December 6, 2010 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Daniel J. Essek a/k/a Daniel John Essek, and Donna Essek a/k/a Donna G. Essek a/k/a Donna Gail Essek, plus costs, are as follows:

(1) The principal sum in the amount of $49,276.23, plus interest through 09-17-10 in the amount of $5,689.99, plus escrow in the amount of $484.99, plus advancements for protection of the property in the amount of $363.41, plus late charges in the amount of $15.00, plus unapplied credit in the amount of -$228.90, for a total in the amount of $55,600.72.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

TRACT III

BEGINNING on a stone on the East side of the County Road; thence a Southeast course with said road 466 feet to a stone, a corner of Ida Leach’s roadway; thence a North course with said roadway 423 feet to a stone; thence a Northwest course 137 feet to a stone at the edge of a private passway; thence with the said passway in its meanders 350 feet to the Beginning (Said first parties agree to build and maintain fence between them and said first parties.)

BEING the same property conveyed to Daniel J. Essek and wife, Donna G. Essek, from Jerry L. Reynolds and wife, Patricia F. Reynolds, by Deed dated April 15, 2006, filed of record on April  19, 2006, in Deed Book 468, Page 473, in the Office of the Whitley County Court Clerk.

Map #169-00-00-112.03

Also included is a 1999 Clayton Mobile Home, VIN CLM072798TN.

Said property address is: 74 Arlie Leach Lane, Williamsburg, Kentucky 40769.

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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

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

 

NOTICE OF AVAILABILITY OF ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT

The Federal Aviation Administration (FAA) has prepared an Environmental Assessment (EA) and issued a Finding of No Significant Impact (FONSI) for the proposed construction of a new localizer and distance-measuring equipment at Williamsburg-Whitley County Airport in Williasmburg, Kentucky.  Requests for copies of the FONSI and associated EA must be submitted by December 29, 2010, to: FAA/ATO/ES Group, ATTN: Terrell Rooks, AJW-E14F, P.O. Box 20636, Atlanta, Georgia, 30320