Legal Notices for 12/28/2011, page 1

 

 NOTICE:

Please take notice that the City of Williamsburg, Williamsburg, Whitley County, Kentucky provides the following statement pursuant to KRS 424.220 and KRS 91A.4046. The City of Williamsburg has completed its annual audit and copies are on file with the City of Williamsburg. For those individuals who wish to view said audit, a copy may be viewed at City Hall, 423 Main Street, Williamsburg, KY.

 

PUBLIC NOTICE OF BLASTING SCHEDULE

Mountainside Coal Co., Inc., 7692 South Highway 25W, Williamsburg, KY 40769; Phone: (606) 786-3620 proposes the following blasting schedule. The blasting site encompasses approximately 86.7 acres of surface mining located on Round Mountain approximately 1.8 miles southeast of Siler, KY and 0.4 mile southwest of Limestone Branch Road’s junction with Kentucky Route 92, in Whitley County. The surface of the area on which blasting operations will be conducted is owned by TKY Acquisition, LLC.

Detonations of explosives are proposed to occur from sunrise to sunset Monday through Saturday. The blasting schedule is for a period from December 2011 to December 2012. Entry to the blasting area will be regulated by signs and barriers. Five minutes prior to any blast, a preliminary warning consisting of one – 60 second (one minute) series of long blasts of a siren shall be sounded. Five minutes prior to the detonation, the area shall be cleared and secured of personnel and equipment. One minute prior to detonation, a series of short blasts of a siren shall be sounded, followed immediately by the detonation of the shot. The “All-Clear Signal” will be one prolonged siren blast following an inspection of the blasting area. When the permittee conducts an unscheduled blast, the permittee, using audible signals, shall notify all persons within one-half mile of the blasting site and document the reason for the unscheduled blast.

This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto. The Kentucky DMRE Permit Number is 918-0412.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00868

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. SANDRA J. COX, BRANDON HERREN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on November 14, 2011, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, January 9, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Sandra J. Cox and Brandon E. Herren, plus costs, is as follows:

(1) The principal sum in the amount of $74,761.30, plus interest from 06/1/10 in the amount of $6,307.95, plus total escrow in the amount of $396.56, plus property preservation in the amount of $584.00, plus property inspections in the amount of $14.00, plus suspense in the amount of ($19.73), for a total in the amount of $82,044.08, together with interest at the rate of 6.7500 percent per annum from November 14, 2011 until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee in the amount of $1,350.00.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property address is: 817 Oak Grove Church Road, Corbin, Kentucky 40701.

BEGINNING on an iron stake at a ditch at the Barton Mill Road; thence in a southwardly direction a distance of 110 feet following the ditch line to a stake at the Everett Martin Road; thence eastwardly following the Everett Marin Road a distance of 300 feet to an iron stake; thence in a northwardly direction a distance of 266 feet following Howard Kelly property line to a stake; thence in a westwardly direction a distance of 173 feet following Barton Mill Road to an iron stake at the Beginning.

EXCEPTION: There is excepted from the foregoing property and not conveyed by this deed that entire tract or parcel of land described in the deed from E.R. Likins et al to Joy Linkins, dated January 11, 2005, and recorded in deed Book 459, at Page 113, in the Office of the Whitley County Clerk at Williamsburg, Kentucky.

Being the same property conveyed to Sandra J. Cox, single and Brandon E. Herren, single, by Deed dated November 2, 2007, recorded on November 7, 2011 in Deed Book 480, Page 261 of the Clerk’s Records in 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 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, it shall be entitled to a credit of its judgment against the purchase, and shall only be required to pay the court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the Judgment, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 20th day of December, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00407

DEPENDABLE AUTO SALES, LLC, PLAINTIFF, VS. SEAN P. AYERS; ANGELA AYERS; WANDA MEADORS; the unknown spouse of Wanda Meadors; the unknown heirs of  Dennis R. Meadors, deceased; 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 October 8, 2011, and a subsequent Order dated December 5, 2011, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, January 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Sean P. Ayers, and his wife Angela Ayers, for Angela Ayers’ ¼ undivided interest in the real property, and Wanda Meadors, In Rem, for her 3/4’s undivided interest in the real property described in paragraph 5 of the Amended Complaint, to wit:

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

Property Address:  See: (Deed Book 389, page 751)

10.734 acres at Archers Creek, Williamsburg, KY 40769.

DEED ONE:

BEGINNING at a iron stake on west side of Oak Ridge Church Road; then due West 207.00 ft. with Erma Maness Sublet line to a stake directly under R.E.C.C. power line; thence N 13 degrees 27’ W 232.00 ft. with power line to a power pole being a corner, thence N 25 degrees 33’ W. 300.00 ft. with power line to a stake directly under power line; thence N 51 degrees 27’ E 707.00 ft. to a stake on west side of road; thence S 51 degrees 03’ E 95.78 ft. with road; thence S 47 degrees 30’ E. 320.12 ft. with road to a stake; thence S 2 degrees 15’ W 147.60 ft. with road to stake; thence S 43 degrees 29’ W 159.15 ft. with road to stake; thence S 42 degrees 10’ W 537.54 ft. to BEGINNING.

BEING THE SAME PROPERTY conveyed to Dennis Meadors and Wanda Meadors, by deed dated December 26, 1996, from David Paul Sulfridge and Cathy Sulfridge, and recorded in Deed Book 389, page 751 of the Whitley County Clerk’s Office;

AND           

Property Address:  See: (Deed Book 393, page 267) 10.551 acres at Archers Creek, Williamsburg, KY 40769.

DEED TWO:

BEGINNING at an iron stake on West side of Oak Ridge Church Road, then North 57 degrees 50’ West 1006 .45 ft. with road to a iron stake, thence South 84 degrees West 232.42 ft. to a iron stake directly under power line, then South 28 degrees 55’ East 1119.35 ft. with power line to a iron stake, thence North 51 degrees 27’ East 707.00 ft to beginning.

BEING THE SAME PROPERTY conveyed to Dennis Meadors and Wanda Meadors, by deed dated June 16, 1997, from James A. Marse and his wife, Victoria A. Marse and recorded in Deed Book 393, page 267 of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The real property above in Deed 1 is indivisible, and shall be sold as a whole, and the real property above in Deed 2, is indivisible, and shall be sold as a whole, each sold separately, to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.  If dependable Auto Sales, LLC, is the highest bidder it shall be entitled to credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the Judgment. 

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 20th day of December, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00637

National City Mortgage a division of National City Bank of Indiana, PLAINTIFF, VS. Joseph Nigro; Lucinda Nigro; L&N Federal Credit Union Financial Services, Inc., successor by merger to L&N Federal Credit Union; County of Whitley; Tax Ease Lien Investments 1, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 10, 2008, and a subsequent Order entered November 14, 2011, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, January 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Joseph Nigro and Lucinda Nigro, plus costs, are as follows:

(1) The principal sum of $129,005.15 plus interest from 03/01/10 in the amount of $11,680.09, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $12,746.24, plus late charges in the amount of $533.65, for a total of $153,965.13 (exclusive atty fees).

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  310 Caleb Sulfridge Road, Corbin, KY 40701.

The property is located approximately 1280 feet West of Kentucky Highway #1193 also known as the Bee Creek Road and can be more specifically described as:

BEGINNING at an iron pin, common with the Southwest corner of the Roger and Sheila Reeves (DB 391, P 601) Tract #4, approximately 20 feet South of a creek and common with the South line of the Barbara Ann Akins (DB 342, P 352) (DB 312, P 209) property, said point bears S 47-47-34 W, 513.69 feet from a pipe and Southwest corner of the Granville and Rhonda Petrey (DB 315, P 4) property and S 83-59-01 W, 5.00 feet from a PK nail driven in an 18 inch black oak tree; thence running with the West line of the Reeves property S 39-59-45 E, 340.80 feet to an iron pin at a 20 feet road; thence leaving the Reeves property and running tangent with the 20 feet road the following:  S 39-20-14 W, 35.18 feet to an iron pin; S 28-49-38 W, 152.10 feet to an iron pin; S 37-03-57 W, 27.21 feet to an iron pin; S 47-35-55 W, 38.02 feet to an iron pin; S 42-26-35 W, 134.81 feet to an iron pin; and S 52-56-42 W, 29.61 feet to an iron pin located near the corner of Tract #2, currently owned by Caleb Sulfridge (DB 285, P 525); thence leaving the 20 feet road and running with the East line of the Sulfridge property N 36-20-43 W, 329.28 feet to a point near the creek and the South line of the Akins property; thence running approximately tangent with the creek and the South line of the Akins property; thence running approximately tangent with the creek and the Akins property the following:  N 65-07-21 E, 58.19 feet to an iron pin; N 26-11-51 E, 148.76 feet to an iron pin; and N 34-34-15 E, 198.00 feet to the point of BEGINNING and containing 3.04 acres.

It is acknowledged herein that Roger Reeves and his wife, Sheila Reeves, have heretofore granted a water line easement through their property on Caleb Sulfridge Road off from Bee Creek Road.

Being the same property conveyed to Joseph Nigro and Lucinda Nigro, husband and wife, from Donald H. Morris and Nancy L. Morris, husband and wife, by deed dated June 20, 2005, and recorded on July 5, 2005, in Deed Book 462, Page 328, 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 (1/3rd) 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.

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 20th day of December, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO.  11-CI-00349

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. REGINA HAMBLIN and LARRY HAMBLIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 14, 2011, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, January 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Regina Hamblin and Larry Hamblin, plus costs, is as follows:

(1) The principal sum of $5,759.55, plus unpaid interest of $221.18, plus other fees of  $858.50, for a total payoff of $6,839.23, plus interest and accruing daily at a rate of $1.3998906 per diem (as of April 13, 2011).

Property Address:  Lot 7 Wassano Drive, Williamsburg, KY 40769.

The property to be sold is as follows:

 A certain tract or parcel of land lying in Whitley County, Kentucky, more particularly known as Lot 7 of Oakwood Gardens Subdivision, lying and being on Wasano Drive, 0.03 miles northeast of its junction with Kentucky State Highway 4322 (Becks Creek Road) on the waters of Briar Creek, in the county of Whitley, State of Kentucky and bounded and described as follows:

BEGINNING at a steel rod set in the southeasterly right-of-way line of Wasano Drive (15 feet from the centerline of same) a corner to Lot 8; thence leaving said Lot 8 and running with the right-of-way line of Wasano Drive N 25-21-59 E, 150.01 feet to a steel rod, a corner to Lot 6; thence leaving said Wasano Drive and running with the line of Lot 6, S 63-13-20 E, 213.82 feet to a steel rod set in the line of Anna Jones and Jean Hickey; thence leaving said Lot 6 and running with the line of Jones and Hickey S 11-56-57 W, 149.19 feet to a steel rod, a corner to Lot 9; thence leaving said Jones and Hickey and running with the line of Lot 9 N 64-32-04 W, 124.16 feet to a steel rod, a corner to the aforementioned Lot 8; thence leaving Lot 9 and running with the line of Lot 8, N 64-33-24 W 124.21 feet to the Place of Beginning and containing seventy-eight hundredths (0.78) acres more or less, with all bearings referred to the magnetic meridian, all according to a survey by Cumberland Land Surveying, Ralph S. Peters Kentucky Registered Land Surveyor, 2776, on April 7, 1993.

Tax Map Reference: 093-00-00-020.07

Being that parcel of land conveyed to LARRY HAMBLIN AND WIFE, REGINA HAMBLIN WITH RIGHTS OF SURVIVORSHIP from CHRISTY L. WIDENER, UNMARRIED by that deed dated 04/02/2004 and recorded 04/16/2004 in deed book 452, at page 66 of the WHITLEY County, KY Public Registry.

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 successful bidder is a party to this action, which has been adjudged to have a lien on the particular tract or parcel of real property bid upon, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 20th day of December, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616