Legal Notices for 12/24/13, page 1

 

 Notice of Intention to Mine

Pursuant to Application Number 918-5197

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for a permit for a surface coal and underground coal mining and reclamation operation. The proposed operation will disturb 131.0 surface acres and will underlie 610.9 acres, and the total area within the permit boundary will be 741.9 acres.

The proposed operation is located approximately 1.5 miles Southwest of Lick Fork Road’s intersection with KY Hwy 92, and approximately 0.9 miles west of Poplar Creek in Whitley County, Kentucky. The operation is further located 1.5 miles Southwest of the community of Carpenter, Kentucky.

The proposed operation is located on the Frakes and Saxton U.S.G.S. 7-1/2 minute quadrangle maps. The operation will use the Contour, Auger, and Underground methods of mining. The surface area to be disturbed is owned by Three C Land Company, LLC. The operation will underlie land owned by Three C Land Company LLC., Boone Forest Lands LLC., TKY Acquistions LLC, and Kenneth McKee. The operation will affect an area within 100 feet of Lick Fork Road. The operation will not involve the relocation or temporary closure of Lick Fork Road.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s 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 Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601. 

 

NOTICE:

El Palenque, Inc., mailing address 965 S Hwy 25W, Suite 26, Williamsburg, KY 40769 hereby declares intention(s) to apply for a Wine and Malt Beverages by the Drink and Alcoholic Beverage Limited Restaurant By the Drink license  no later than January 20, 2014. The business to be licensed will be located at 965 S Hwy. 25W, Suite 26, Williamsburg, Kentucky 40769 doing business as El Palenque, Inc.

The principal officers are as follows: President, Frank Childers of 2249 Raccoon Crk Rd, Raccoon, KY 41557; V. President, Debra Lingerfelt of 102 Home St., Beckley, WV 25801; Sec/Treas, Lara Breeding of 5309 Morning Dove Lane, Cross Lakes, WV 25313.

Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days (KRS 243.430) of the date of this legal publication.

 

 

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION II

CIVIL ACTION NO. 12CI-00509

FORCHT BANK, NA, PLAINTIFF VS: SCOTTY POWERS, a/k/a SCOTTY D. POWERS, single; US BANK CUSTODIAN/SASS MUNI V DTR; LIENS SOLUTIONS, LLC; 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 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Scotty Powers, a/k/a Scotty D. Powers, plus costs, is as follows:

(1) The sum in the amount of $38,392.77 as of November 11, 2013, plus interest thereon at the rate of 8.5% per annum ($8.882860 per day) until the date of Judgment and thereafter interest at the judgment rate of 12% per annum until paid in full.

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

Current Property Address: 4710 Louden Road, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, on Big Patterson Creek, and which is bounded and described as follows:

BEGINNING at an oak tree on the ridge, now to be a corner common between Quincy Powers and Tony Powers, and thence S 52 E to a stake and stone at the lower side of a tram road and thence with it S 14 E 113.85 feet; thence S 49.15 W 82.5 feet; thence S 52 W 87.95 feet to a stone; thence S 23.30 W 146.85 feet; thence S. 63.15 W 152.46 feet to an iron pin, a corner or Lot No. 8 and leaving tram road in a northwest direction 543 feet to an iron stake, now to be a corner common Quincy Powers and Tony Powers; thence northwesterdly 350 feet to the BEGINNING.

Also conveyed herein as a right of way 15 feet wide iron this property over and on the property of Quincy Powers, previous grantor herein, as it no exists to the County Road.

RESERVATION: Grantors herein, Tony Powers and Rita Powers, hereby reserve unto themselves a life estate for the use and benefit of the property herein conveyed during their lifetimes, including the right to live on same until the death of the survivor of them.

BEING THE SAME PROPERTY acquired by Scotty Powers, single, by deed from Anthony Powers and his wife, Rebecca Powers and Vernon Payne and his wife, Rita Payne, f/k/a Rita Powers, dated August 1, 2007, recorded in Deed Book 478, Page 605 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 with the balance in 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and 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 16th day of December, 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. II

CIVIL ACTION NO.: 13-CI-00191

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. ROSE MOBILE HOME, INC., a Kentucky Corporation,; SECURED CAPITAL INVESTMENTS, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET; DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

1. Plaintiff is awarded a Default Judgment, in rem, against the Defendant, Rose Mobile Homes, Inc., for the sum of $4,614.72 as of September 30, 2013, which constitutes principal in the amount of $913.98; interest in the amount of $559.90, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $5.59 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $700.00; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $710.84 that have arisen due to prosecuting this collection remedy.

Property Address:  0 Hemlock Subdivision (Lot 12), Williamsburg, KY 40769.

The property is located in Whitley County, Kentucky, and more particularly described as follows:

Being Lot No. 12 in Section C-1 of the Hemlock Subdivision as recorded in Map Book 4, Page 84, Whitley County Court Clerk’s Office.

Being the same property conveyed to Rose Mobile Homes, Inc., a Kentucky corporation, by Deed dated February 17, 1995, from Bobby Lee Chancellor and Donna Marie Chancellor, husband and wife, recorded in Deed Book 380, Page 23, in the office of the Whitley County Court 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. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 16th day of December, 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. II

CIVIL ACTION NO. 13-CI-00194

 

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. DALLAS VEST; EDNA VEST, ASSOCIATES HOME EQUIRTY SERVICES, INC.; HAZEL ENTERPRISES, LLC; TAX EASE LIEN INVESTMENTS 1, LLC; CITY OF WILLIAMSBURG, KENTUCKY; WILLIAMSBURG INDEPENDENT SCHOOL DISTRICT FINANCE CORPORATION; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET; DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

1. Plaintiff is awarded an in rem and in personam judgment against the Defendant, Dallas Vest and a Default Judgment, in rem, against the Defendant, Edna Vest, for the sum of $3,209.92 as of November 30, 2013, which constitutes principal in the amount of $325.35; interest in the amount of $243.23, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $2.40 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $250.00; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $776.34 that have arisen due to prosecuting this collection remedy.

Property Address:  543 Long Bottom Road, Williamsburg, KY 40769.

The property is located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING at an iron rod on the bank of the Long Bottom Road; thence west 210 feet with Danny Richardson’s line to an iron rod; thence south 210 feet to an iron rod; thence east 210 feet to an iron rod in the bank of the Long Bottom Road; thence north 210 feet with said road to the BEGINNING.

Being the same property conveyed to Dallas Vest and Edna Vest, husband and wife, by Deed dated September 24, 1990, from Edward H. Meadors and Carolyn Meadors, husband and wife, recorded in Deed Book 343, Page 180, in the Office of the Whitley County Court 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. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 16th day of December, 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. II

CIVIL ACTION NO. 13-CI-00362

U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. DAVID T. SEVINSKY; RUTH D. SEVINSKY; ESTERLEEN MILLS; RHUEDOLPH MILLS; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

1. Plaintiff is awarded a Default Judgment, in rem, against the Defendants, David T. Sevinsky; Ruth D. Sevinsky; and Rhuedolph Mills, for the sum of $3,384.40 as of August 31, 2013, which constitutes principal in the amount of $515.14; interest in the amount of $366.16, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $3.66 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $385.00; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $503.10 that have arisen due to prosecuting this collection remedy.

Property Address:  571 Jims Lane, Corbin, KY 40701.

The property is located in Whitley County, Kentucky, and more particularly described as follows:

BEGINNING on a stake and maple at edge of Jim’s Lane; thence Southward with Jim’s lane 165 feet to a metal stake thence East 175 feet to a metal stake; thence Northward 165 feet to a metal stake; thence Eastward 185 feet to the point of BEGINNING.

Being the same property conveyed to David T. Sevinsky and Ruth D. Sevinsky, husband and wife, by Deed from Luther E. Tucker, single, dated July 24, 1996, and recorded in Deed Book 387, Page 338, in the office of the Whitley County Court 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. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 16th day of December, 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 I

CIVIL ACTION NO. 13-CI-00071

FORCHT BANK, NA, f/k/a TRI-COUNTY NATIONAL BANK, PLAINTIFF VS: RICHARD W. EPPERSON and his wife, EDITH EPPERSON; UNKNOWN SPOUSE OF CHRISTINE L. CONCHAS; CITIFINANCIAL SERVICES, INC.; JAMOS FUND I, 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 May 6, 2013 (and a subsequent Order was entered October 22, 2013 granting the Plaintiff, Forcht Bank, NA, Relief from Stay in the Chapter 13 Bankruptcy Case #13-60778 – Doc#47; and a subsequent Order Overruling debtors’ Motion to Alter, Amend or Vacate said Order was entered November 21, 2013 being Doc#61).  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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Richard W. Epperson and Edith Epperson, plus costs, is as follows:

(1) The sum in the amount of $43,514.41, plus interest thereon at the rate of 8% per annum ($9.434663 per day) from January 29, 2013 until date of judgment and thereafter interest at the judgment rate of 12% per annum until pain in full.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   105 5th Street, Corbin, KY 40701.

Current Parcel Number: 137-41-22-002.00

BEGINNING on a sycamore at the south line of Fifth Street; thence eastward with Fifth Street (50) feet to an alley; thence southward with said alley seventy (70) feet to Charley Smith’s line; thence westward with said Smith’s line fifty (50) feet to a stake; thence northward and parallel with aforesaid alley seventy (70) feet to the BEGINNING.

Being the same real property conveyed to Mortgagor by deed from Georgia Luster Peace, single, dated February 2, 2007, recorded in Deed Book 475, Page 30 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 with the balance in 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 equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale 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 16th day of December, 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. II

CIVIL ACTION NO. 13-CI-00093

FIRST STATE FINANCIAL, INC., PLAINTIFF VS. ANDERSON DEVELOPMENT GROUP, INC., a Kentucky Corporation; KENNETH R. ANDERSON; UNITED STATES OF AMERICA, By and Through the Internal Revenue Service; COMMONWEALTH OF KENTUCKY, By and Through the Department of Revenue; WHITLEY COUNTY, KENTUCKY; And THE CITY OF CORBIN, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 25, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Anderson Development Group, Inc., plus costs, is as follows:

(1) The sum in the amount of $141,138.01 as of June 30, 2013 on Note “1” together with interest accruing thereon at the rate of $17.60 per day from June 30, 2013, until date of judgment for a total amount of $143,302.81.  The judgment amount shall bear interest at the legal rate of 12% per annum from the date of judgment until paid in full.

(2) The sum of $131,016.73 as of June 30, 2013 on Note “2” together with interest accruing thereon at the rate of $16.37 per day from June 30, 2013, until date of judgment for a total amount of $133,030.24.  The judgment amount shall bear interest at the legal rate of 12% per annum from the date of judgment until paid in full.

(3) The sum of $9,086.03 for its costs and attorney fees incurred in this action.

PROPERTY ADDRESS:   87 Blair Park, Corbin, KY 40701.

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

BEGINNING at a set P/K nail with a brass tag located in concrete driveway adjacent to Hayden Street (unimproved) and Gordon Street; thence N 84° 26 20” E 116.17 feet to a point; thence 87° 05’ 37” E 38.20 feet to a point; thence S 87° 22’ 18” E 25.82 feet to a point; thence 74° 04’ 12” E 67.84 feet to a set ½” by 18” iron pin with red plastic cap stamped H & R PLS #3358; thence S 08° 09’ 23” E 640.56 feet to a found iron “T” fence post; thence along First Street S 80° 58’ 05” W 273.25 feet to a set ½” by 18” iron pin with red plastic cap stamped H & R PLS #3358; thence along Hayden Street (unimproved) N 05° 30’ 00” W 686.75 feet to the point of BEGINNING.

EXCEPTED from this conveyance are the following condominium units previously conveyed away by Grantor:

Unit 104; Unit 101; Unit 102; Unit 103; Unit 102, Building 2, Phase 2; Unit 101, Building 2, Phase 2; Unit 101, Phase 3 Building 3; Unit 102, Phase 3, Building 3; Unit 101, Building 4, Phase 4; Unit 102, Building 4, Phase 4; Unit 101, Building 5, Phase 5; Unit 102, Building 5, Phase 5; Unit 1, Building 6, Phase 6; Unit 102, Building 7, Phase 7, Unit 101, Building 7, Phase 7; Unit 101 Building 8, Phase 8, Unit 102, Building 6, Phase 6.

The property conveyed herein is subject to the terms, conditions and restrictions set forth in Map Book 4, Page 302; Plat Cabinet 2, Slide 449; Master Deed recorded in Deed Book 434, Page 8; Amended Master Deed recorded in Deed Book 440, Page 168; and Second Amended Master Deed recorded in Deed Book 445, Page 322 all of the Whitley County Court Clerk’s Office. 

BEING A PART OF THE SAME PROPERTY conveyed to Mortgagor, Anderson Development Group, Inc., by deed from John L. Ladenburger and  his wife, Jeanette B. Ladenburger, and W. Fred Vongruenigen and his wife, Joyce B. Vongruenigen, dated May 30, 2001 and recorded in Deed Book 428, Page 237 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 one-third percent (1/3%) down with the balance in 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 shall only be required to pay court costs and expenses of the sale 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 16th day of December, 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-00426

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. DAVID PARKER; UNKNOWN SPOUSE OF DAVID PARKER; WHITLEY COUNTY, KENTUCKY and COMMONWEALTH OF KENTUCKY, EDUCATION CABINET, DIVISION OF UNEMPLOYMENT INSURANCE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 2, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The in rem judgment against the Defendants, plus costs, is as follows:

(1) On Count I: The principal sum in the amount of $69,613.79, plus interest at the rate of 5.375% per annum from February 1, 2013 until paid, and late fees assessed, plus sums advanced in payment of ad valorem taxes, insurance premiums, and property preservation, the costs of this action; and reimbursement for attorney’s fees in this action.  

(2)     On Count II: The principal sum in the amount of $11,517.12, plus interest at the rate of 5.00% per annum from February 1, 2013 through the date of judgment and until fully paid.  

Property Address:  192 Tennessee Avenue, Corbin, KY.

PIDN: 119-30-10-018.00

BEGINNING at a point in North Line of the aforesaid road at H.A. Bolton’s Corner, thence northwardly with Bolton’s line 320 feet to the Georfe Thompkins line, thence westwardly with Tompkins line 75 feet to a stake, thence Southwardly 320 feet to the North line of the first named road, thence Eastwardly with the north line of said road 100 feet to the beginning; and

Being the same property conveyed to David Parker, an unmarried man by deed dated October 3, 2008 and recorded October 7, 2008 in Deed Book 486, page 316 filed in the office of the Clerk of Whitley County, 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 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 16th day of December, 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. II

CIVIL ACTION NO. 13-CI-00620

JPMorgan Chase Bank, National Association, Plaintiff, VS. Christy Reynolds, Defendant

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Christy Reynolds, is as follows:

(1) The principal sum in the amount of $57,741.04, plus interest on the principal sum at the rate of 5.25% per annum from May 1, 2013 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: 321 North Third Street, Williamsburg, Kentucky 40769.

The following described property located in Whitley County, Kentucky, to wit:

Beginning at a stake in Main Street on said Watkins Addition, same being Third Street and running thence with said street 75 1/2 W 75 feet; thence S 19 W 120 feet to the line between land of party of 1st part and the Dr. Gatliff lot; thence with said line S 74 E 75 ft to the corner of Lot No. 3 of said Addition; thence N 19 east 120 feet to the beginning.

Being the same property conveyed to Christy Reynolds, (single) who acquired title by virtue of a deed from Donald Wayne Haun and his wife Darla Sue Haun, dated April 3, 2009, recorded April 13, 2009, at Deed Book 489, Page 362, 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%.  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 16th day of December, 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. 12-CI-00487

L&N FEDERAL CREDIT UNION,  PLAINTIFF, VS. ALAN M. LIPSON and MARIE T. LIPSON, husband and wife, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 5, 2012, and subsequent Orders entered September 3, 2013 and December 2, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Alan M. Lipson and Marie T. Lipson is as follows:

(1) The sum in the amount of $156,688.16, plus interest on the principal balance of $155,454.10 at the contract rate of 4.375% per annum from May 7, 2012 until paid.

(2) The additional sum of $2,557.25 for costs, plus attorney fees in the amount of $2,400.00.

Property Address is: 1207 Seventh Street, Corbin, KY 40701.

The following property located in Whitley County, Kentucky, to-wit:

BEGINNING at a stone corner of this property and line of Jack Skinner property and running thence S 76 ½ E 209 feet to a stone; thence about south line of E. E. Snyder 109 feet to a stone; thence N 76 ½ W 209 feet to a stone at Seventh Street; thence with Seventh Street N 9 E 109 feet to the BEGINNING.

BEING ALL THE SAME LAND acquired by Alan M. Lipson and Marie T. Lipson, husband and wife, by deed of conveyance from Billy Edwin Sanderlin and Marion Virginia Sanderlin, husband and wife, dated November 18, 2005 and recorded in Deed Book 465, at page 423, in the office of the Whitley County Clerk at 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 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 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, and the purchase price is less than the amount of the Plaintiff’s judgment, then, and in that event, they 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, 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 16th day of December, 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-121

PNC Bank, National Association successor by merger to National City Mortgage a division of National City Bank, Plaintiff,  VS. Michelle Jackson aka Michelle Smith; Jeffrey Jackson, Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 2, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michelle Jackson aka Michelle Smith and Jeffrey Jackson, plus costs, is as follows:

(1) The principal sum in the amount of $47,293.18, plus interest from 08/1/12 in the amount of $3,326.70, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,174.46, plus late charges in the amount of $79.00, plus property inspections in the amount of $99.00, for a total in the amount of $52,972.34, together with interest at the rate of 6.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,450.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address:  3011 South Kentucky Avenue, Corbin, KY 40701.

BEGINNING at a stake in the east line of Kentucky Street at Albert Yates northwest corner; thence northward with said east line of Kentucky Street, 89 feet to J.B. Rogers corner; thence eastward with said Rogers line 105 feet to a ten foot alley; thence southward with line of said alley 89 ft to Albert Yates’ line; thence westward with said Yates’ line 105 feet to Kentucky Street and the beginning.

Said property was conveyed to Michelle Smith, from James Carroll and Thelma Carroll, husband and wife, on September 7, 1998, by a deed recorded on April 16, 1999, in Deed Book 408, Page 63, in the Office of the 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 one-third (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 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 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, 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 16th day of December, 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 II

CIVIL ACTION NO. 13-CI-00605

L & N FEDERAL CREDIT UNION, PLAINTIFF VS: EDWARD MACKEY and THE UNKNOWN SPOUSE (IF ANY) OF EDWARD MACKEY; KEVIN MACKEY and THE UNKNOWN SPOUSE (IF ANY) OF KEVIN MACKEY; KIRK MACKEY and THE UNKNOWN SPOUSE (IF ANY) OF KIRK MACKEY; THE UNKNOWN HEIRS OR DEVISEES OF CATHERINE MACKEY, DECEASED, AND THEIR UNKNOWN SPOUSES; CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION; and COMMONWEALTH OF KENTUCKY DEPARTMENT OF REVENUE, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The in rem judgment against the Defendants is as follows:

(1) The sum in the amount of $14,534.98, plus interest on the principal balance of $14,231.12 at the contract rate of 9.5% per annum from July 18, 2013 until paid.

(2) The additional sum of $864.72 as costs herein expended, plus attorney fees in the amount of $1,800.00.

Property Address is: 3002 South Kentucky Avenue, Corbin, KY 40701.

The following property located in Whitley County, Kentucky, to-wit:

BEGINNING at a stake being 50’ on Kentucky Avenue from intersection of 20th Street and Kentucky Avenue; thence continuing southward with Kentucky Avenue 50’ to a stake; thence westward 75’ to a stake; thence northward 50’ to a stake in line of Mildred Evans; thence eastward with Mildred Evans line 74’ to point of beginning.

BEING ALL THE SAME LAND acquired by Catherine Mackey by deed of conveyance from Steven Earl Timmons and Shirley H. Timmons, husband and wife, dated December 16, 1994 and recorded in Deed Book 414, at page 136, in the office of the Whitley County Clerk at 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 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 sixty (60) 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, and the purchase price is less than the amount of the Plaintiff’s judgment, then, and in that event, they 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, and 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 16th day of December, 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. II

CIVIL ACTION NO. 10-CI-582

U.S. Bank National Association, as Trustee for JPMorgan Mortgage Acquisition Trust 2006-HE2, Asset Backed Pass-Through Certificates, Series 2006-HE2, Plaintiff, VS. Donna Dean; Mortgage Electronic Registration Systems, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 2012, and a subsequent Orders entered January 7, 2013, April 1, 2013 and July 15, 2013 and November 21, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Donna Dean, plus costs, is as follows:

(1) The principal sum in the amount of $104,482.04, plus pre-acceleration late charges in the amount of $22.41, plus interest from 03/1/10 in the amount of $9,433.49, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $14,438.71, plus property inspection in the amount of $370.00, for a total in the amount of $128,746.65 together with interest at the rate of 4.2500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 334 Kelso Trail, Corbin, KY 40701.

Being Lot No. 238 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 43, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lot.

Being the same property conveyed to Donna Dean by deed dated April 21, 2006 and recorded at Deed Book 468, Page 679, Whitley County Clerk’s 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 one-third (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 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 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, 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 16th day of December, 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. II

CIVIL ACTION NO. 13-CI-310

U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSMPS Mortgage Loan Trust 2005-RP3, Plaintiff, VS. Karen M. Helton aka Karen Helton; Rema W. Helton aka Remy Helton; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY- Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 16, 2013, and a subsequent Order entered November 21, 2013 Amending the Judgment and Order of Sale, 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, January 6, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Karen M. Helton aka Karen Helton and Rema W. Helton aka Remy Helton, plus costs, is as follows:

(1) The principal sum in the amount of $27,451.20, plus interest from 10/1/12 in the amount of $1,328.42, plus late charges in the amount of $301.20, plus property inspection fees in the amount of $385.41, plus escrow balance credit in the amount of $302.49, for a total in the amount of $29,163.74 together with interest at the rate of 7.0000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1465 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on a stake, at the corner of Cledia Faulkner’s and Gracie Cain’s line; thence at the old country road; thence S 46 W 200 feet; thence S 56 W 200 feet; thence S 76 W 244 feet; thence N 50 W 100 feet; thence N 41 W 280 feet to a sweet gum tree corner; thence S 37 E 300 feet; thence S 63 E 100 feet to a stake; thence N 62 E 100 feet; thence N 65 E 100 feet, N 55 E 100 feet, N 65 E 100 feet to the beginning.

Being the same property conveyed to Karen M. Helton and Rema W. Helton, wife and husband, by deed dated November 30, 2001 and recorded December 01, 2001 in Deed Book 431 Page 281 in the Office of the Whitley County Court 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. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (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 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 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, 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 16th day of December, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMBINED NOTICE

Notice to Public of No Significant Effect on the Environment

And Notice to Public of Request for Release of Funds

 

Date of Notice Publication: December 24, 2013

 

Pat White, Judge Executive

Whitley County Courthouse

PO Box 237

Williamsburg, KY 40769

606-549-2973

 

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS:

 

On or about January 9, 2014, Whitley County will request a release of funds from the Department for Local Government for the following Project:

 

Project Title:  Whitley County’s HBEER CDBG Housing Project

 

Project Location:   Green Valley Rd., Emlyn, KY 40769                                                      

Emlyn Cemetery Rd. , Emlyn, KY 40769            

           

Purpose of Project:             The purpose of this project is to address the critical need for affordable housing in the area by providing safe, decent, and sanitary affordable housing for 13 homebuyers in Whitley County, KY. 

 

Responsible Entity:             Pat White, Whitley County Judge Executive

 

Applicant/Recipient Agency: Whitley County, PO Box 237, Williamsburg, KY  40769

 

It has been determined that such request for release of funds will not constitute an action significantly affecting the quality of human environment and, accordingly, the above-named county has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL-91-190).

An Environmental Review Record respecting the within project has been made by the above named County which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Review Record is on file at the above address and is available for public examination and copying, upon request, between the hours of 9am and 4pm.  No further environmental review of such project is proposed to be conducted prior to the request for release of federal funds.

All interested agencies, groups, and persons disagreeing with this decision are invited to submit written comments for consideration by the Whitley County Judge Executive. Such written comments should be received at the Whitley County Courthouse, PO Box 237 Williamsburg, KY 40769 on or about January 8, 2014. All such comments so received will be considered and the County will not request the release of Federal funds or take any administrative action on the within project prior to the date specified on the proceeding sentence.

Whitley County will undertake the project described above with proposed funding from the Community Development Block Grant Program funds from the Department for Local Government.

Whitley County is certifying to the state that the Judge Executive Pat White, in his official capacity with Whitley County, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, Whitley County may use the proposed Community Development Block Grant funds and the state and HUD will have satisfied their responsibilities under the National Environmental Policy Act of 1969. The state will accept an objection to its approval only if it is on one of the following bases:

(a) The certification was not in fact executed by the Certifying Officer.

(b) The County has filed to make one of the two findings pursuant to S58.41 or to make the written determination decision required by SS578.57, 58.53 or 58.64 for the project, as applicable.

(c) The County has omitted one or more of the steps set forth at Subparts F and G for the preparation and completion of an EA.

(d) No opportunity was given to the Advisory Council on Historic Preservation or its Executive Director to review the effect of the project on a property listed on the National Register of Historic Places, or found to be eligible for such listing by the Secretary of the Interior, in accordance with 36 CFR Part 800.

(e) The recipient has committed funds or incurred costs not authorized by this part before release of funds and approval of the Environmental Certification by HUD or the State.

(f) Objections have been made by a federal agency.

Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and may be addressed to the Department for Local Government, ATTN Jennifer Peters, 1024 Capital Center Drive, Frankfort, KY 40601.

Objections to the release of funds on bases other than those stated above will not be considered by the state. No objection received after January 24, 2014 will be considered by the state.