Legal Notices for 12/1/10, page 2

 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