Legal Notices for 12/3/14, page 1

 

 NOTICE OF INTENTION TO MINE

Pursuant to Application No. 918-0450

In accordance with KRS 350.055, notice is hereby given that Mountainside Coal Company, 7692 S. Hwy. 25W, Williamsburg, Kentucky 40769, has applied for a permit for a surface coal mining operation affecting 245.80 acres of surface disturbance and 110.40 acres of auger mining located on Buffalo Creek of Clear Fork.

The proposed operation is approximately 2.5 miles south of Pearl, Kentucky and located approximately 0.8 miles from the intersection of General Lowe Road and Highway 190. The latitude is 36° 35’ 39”. The longitude is 83° 56’ 15”.    

The proposed permit is located on the Eagan USGS 7 ½ minute quadrangle map.  The operation will use the combination of surface and auger mining.  The property owners affected by the surface and auger mining proposed in this permit are Lynn Hamblin, Norma Lowe, Dallas Shackelford, Jackie Hatfield, Ester Partin, Phylliss Nichlos, Pamela K Reynolds, Alesha Nicole Partin Simmerman, Brandon Partin, Mountainside Coal Company Inc. Wayne Hamblin and Mountain River Farms, LLC.

This is the final advertisement of this application; all comments, objections or requests for a permit conference must be received within 30 days of this date. The application has been filed for public inspection at the Department for Natural Resources’ 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, U.S. 127 South Frankfort, Kentucky 40601.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0447

In accordance with KRS 350.070 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for a major revision to an existing surface coal mining and reclamation operation located 0.5 miles north of Perkins in Whitley County.  The major revision will add 4.31 acres of surface disturbance and will underlie an additional 32.79 acres of auger area making a total area of 669.97 acres within the revised permit boundary.

The proposed major revision area is approximately 0.9 miles east from the Maple Creek Road (KY HWY 779) junction with Brown Creek Road and located 600 feet southeast of Phoebe Fork.

The proposed major revision is located on the Rockholds, KY 7½ minute quadrangle map. The surface area affected by the major revision is owned by Roger Griffith, Johnnie Johnson and Charles Paul. The major revision will underlie land owned by Roger Griffith and Johnnie Johnson. The operation will use the contour, area and auger methods of mining. The operation will affect an area within 100 feet of public road KY 779. The operation will involve relocation and closure of the public road for a period of one year. The road will be relocated and closed at approximate mile point 4.4 through mile point 4.7.

This is the final advertisement of the application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date. The major revision application has been filed for public inspection at the Department for Mining Reclamation and Enforcements, 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 Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Corbin, KY 40701, has filed for a Phase III bond release on Increment No. 1, 3, 5, 6, and 7 of permit number 918-5195 which was last issued on March 13, 2012.  The application covers an area of approximately 236.72 acres located 0.8 miles of Mud Creek road and the junction with KY 1595.

The permit area is approximately 1.5 miles northwest of Frakes, KY, and located 0.8 miles northeast of Mud Creek Road with the junction of KY 1595.  The latitude is 36°39’08”.  The longitude is 83°57’16”.

The bond now in effect for increment 1 is a surety in the amount of $5,100.00.  Approximately 15% of the original bond amount of $10,900.00 is included in this application for release.  The bond now in effect for increment 3 is a surety bond in the amount of $15,900.00.  Approximately 15% of the original $37,400.00 is included in this application for release.  The bond now in effect for increment 5 is a surety bond in the amount of $12,100.00.  Approximately 15% of the original bond amount of $29,700.00 is included in this application for release. The bond now in effect for increment 6 is a surety bond in the amount of $3,300.00.  Approximately 15% of the original bond amount of $8,800.00 is included in this application for release. The bond now in effect for increment 7 is a surety bond in the amount of $9,100.00.  Approximately 15% of the original bond amount of $21,600.00 is included in this application for release.

Reclamation work performed includes: Backfilling, regrading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan completed November 15, 2010.

Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by January 16, 2015.

A public hearing on the application has been scheduled for January 20, 2015 at 10:00am. The Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229.  The hearing will be cancelled if no request for a hearing or informal conference is received by January 16, 2015.

 

NOTICE:

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

Patricia Green, 701 8th St., Corbin, KY 40701 was appointed executrix of the estate of Allie Ray Green, deceased, Hon. Wesley R. Tipton, PO Drawer 1284, Corbin, KY 40702 is the attorney for said estate; William J. Hamblin, 9000 Cumberland Falls Hwy, Corbin, KY 40701 was appointed administrator of the estate of Irene Ballew, deceased; Kellee Edwards, 307 Arbolado Dr., Frankfort, KY 40601 was appointed executrix of the estate of Krista Pate, deceased; Shelby Wayne Asher, Jr., 200 Asher Lane, Corbin, KY 40701, was appointed administrator of the estate of Bernice Asher, deceased; Bradford Black, 219 Cawood Court, Richmond, KY 40475 was appointed executor of the estate of George Robert Crabtree, deceased, Hon. Graham C. Trimble, PO Box 1344, Corbin, KY 40702 is the attorney for said estate.

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

Given under my hand this 26th day of November, 2014.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Final Settlement has been filed in the Estate of Charlena Fields, deceased, by Ruth Geary and Stephen Little, Co-Executor/Executrix. A final hearing will be held January 6, 2015 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, Ky.

Final Settlement has been filed in the Estate of Garrett Gilbert Teague, Jr., deceased, by Marilyn Teague, Executrix. A final hearing will be held January 6, 2015 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, Ky.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Whitley County Sheriff, PO Box 118, Williamsburg, Ky 40769 has been appointed as Administrator over the Estate of Prenty Combs, deceased.

Travis Wilson, 4286 Hwy 511, Corbin, KY 40701 has been appointed as Executor over the Estate of Roger Lee Wilson, deceased.

Sharlene A. Poynter, 175 WT Parker Rd., Corbin, KY 40701 has been appointed as Executrix over the Estate of Jerry Ray Poynter, deceased.

Leslie M. Rose,171 Devils Creek Road, Corbin, KY 40701 has been appointed as Executrix over the estate of Jerry D. Rose, deceased.

Peggy Ivey, 481 Lick Fork Lane, Pioneer, TN 37847 has been appointed as Administrator over the estate of Lonnie W. Rogers, deceased.

Raymond M. Sutton, Jr., 430 Main Street, Williamsburg, KY 40769 has been appointed as Executor over the Estate of Elizabeth West Sutton, deceased.

Donna Kay Guilkey, 495 Mountain View Road, Williamsburg, KY 40769 has been appointed as Executrix over the Estate of Andrew S. Frost, deceased.

Eric H. Hart, 520 Meadowbrook Rd., London, KY 40744 and Gladys Hart Cornn, 1535 Black Diamond Rd., Corbin, KY 40701 have been appointed as Co-Executor/Executrix over the Estate of Kathleen J. Hart, deceased.

Karen S. Zik, 236 Derby Trail, Corbin, KY 40701 has been appointed as Executor over the Estate of Florence Gallivan, deceased.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

Time Warner Cable’s agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time.  We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations, we must inform you when an agreement is about to expire.  The following agreements are due to expire soon, and we may be required to cease carriage of one or more of these services or stations in the near future: Youtoo, Jewelry TV, Outdoor Channel (SD & HD), RFD, Pivot, Weather Channel (SD & HD), WPSD D2 Antenna TV, WFVS (SD & HD), WBIR (SD & HD), WFIE (SD & HD), WMC (SD & HD), WQWQ, WSIL (SD & HD), WTNZ (SD & HD), WBXX, Music Choice channels, Music Choice On Demand.

In addition, from time to time we make certain changes in the services that we offer in order to better serve our customers. The following changes are planned:

WGN America may be repositioned from Starter TV to Standard TV on or around January 1, 2015. 

On or after January 13th, WTWV will be added to Digital Broadcast/Starter TV on a digital channel to be determined in Brownsville, Ripley and Bolivar, TN.

Programming is subject to change. Not all services available in all areas. Restrictions may apply.  For up-to-date listings of our packages and channels, visit our website at www.timewarnercable.com.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2014-2015, to include unanticipated receipts increasing / decreasing from the General, Road, Jail Funds in the amount of $ 81,056.00 and increasing / decreasing expenditures in the General, Road, Jail Funds in the amount of $ 81,056.00 will be held on 12/16/14 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge executive

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00458

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF VS: CHRISTOHER SASKO and His wife, TERRY SASKO; 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 20, 2014, 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, December 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The IN Rem Judgment against the Defendants, Christopher Sasko and his wife, Terry Sasko, is for the sale of the real property and is not a personal Judgment against the Defendants, Christopher Sasko and his wife, Terry Sasko, and is as follows:

(1) The judgment entered October 20, 2014, in the sum in the amount of $30,560.87 as of September 25, 2014, plus interest at the rate of 11% per annum until the date of judgment and thereafter at the maximum rate until paid.

(2) There is a 2000 Clay Spirit 16 x 80 Mobile Home, Vin No. CWP008594TN,

Property Address: 412 Reynolds Hollow Road, Williamsburg, Kentucky 40769.

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

BEGINNING on a stone on the east bank of Patterson Creek, same being Mary Randle’s corner; thence S 64 E 961’ to a stake; thence S 39 E 745’ to a poplar tree in a gap; thence N 27 14” W 112’ to a black oak in the Sam Smith and Foley line; thence N 61 46” E 145.7’ to an ash in the corner of Nan Rose, T.S. Smith and Jack Hamblin; thence N 62 9” W 257.1’ to a dogwood and mulberry; thence N 48 13” 194’ to a dogwood standing on small branch; thence N 73 45 W 337.2’ to a hornbeam near a road; thence N 63 21” 282.7’ to a white oak; thence N 60 54” W 366’ to a sycamore on the bank of Patterson Creek; thence with the meanders thereof to the BEGINNING, containing 9 acres, more or less.

BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Thomas L. Brock and his wife, Carolyn S. Brock, dated February 12, 2005, recorded in Deed Book 459, Page 199 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 (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% 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 less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 25th day of November, 2014.                     

HOWARD O. MANN, MASTER COMMISSIONER

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-00227

FORCHT BANK, NA, PLAINTIFF VS: DANNY SULFRIDGE; RICK SULFRIDGE, single; DONNA MEADORS and her Husband, BILL MEADORS; TAMMY MEADORS and her Husband, RALEIGH MEADORS; MID SOUTH CAPITAL PARTNERS, 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 October 20, 2014, 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, December 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Danny Sulfridge, plus costs, is as follows:

(1) The judgment entered October 20, 2014, in the sum in the amount of $27,477.82 as of September 30, 2014, plus interest at the rate of 7.25% per annum until the date of judgment and thereafter at 12% per annum until paid in full.

Property Address: 2178 White Oak Road, Williamsburg, Kentucky 40769.

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

BEGINNING at a corner where the County road intersects with Archers Creek; thence eastwardly up Archers Creek with its meanders to a double white oak about 700 feet; thence in a southwardly direction 347 feet to a conditional stake; thence in a westwardly direction 660 feet to a conditional stake in the county road; thence in a northwardly direction down the county road 456 feet to the BEGINNING.

Joe Sulfridge joins herein for the purpose of conveying the life estate which he retained in the deed recorded in Deed Book 236, Page 90, Whitley County Court Clerk’s Office.

BEING THE SAME LAND acquired by Mortgagor by deed from the Donald Duty, single widower, and Danny Sulfridge and his wife, Rebecca Sulfridge, dated February 11, 2008, and recorded in Deed Book 482, Page 136 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 (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% 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 less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 25th day of November, 2014.                     

HOWARD O. MANN, MASTER COMMISSIONER

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. 12-CI-00736

U.S. BANK NATIONAL ASSOCIATION, a/k/a U.S. BANK N.A., PLAINTIFF, VS. ALVA BRIAN POTTER A/k/A BRIAN A. POTTER; CHASITY R. POTTER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 22, 2013, and subsequent Orders entered June 18, 2013, October 20, 2014 and October 31, 2014, 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, December 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Alva Brian Potter a/k/a Brian A. Potter and Chasity R. Potter, plus costs, is as follows:  

(1) The sum of $252,289.12, plus accrued interest through December 14, 2012, plus all advances by Plaintiff of real estate taxes, assessments, insurance premiums, maintenance and costs, escrow fees and all other advances which Plaintiff must pay to preserve the real estate involved herein, plus late penalties thereon at the rate of $39.39 per day beginning December 14, 2012, until date of Complaint, plus costs expended herein, including a reasonable attorney fee in the amount of $1,150.00, plus interest on the entire balance at the rate of 6.00% per annum beginning December 14, 2012, until satisfied in full.

Property Address: 5115 Highway 511, Rockholds, KY 40759.

The subject property is more particularly described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the same land conveyed to Arnold Jones and wife, Mary Margie Jones, by deed from John A. Harp and wife, Theresa L. Harp, dated April 22, 1996 and recorded in Deed Book 385, Pages 89-91, Whitley County Court Clerk’s Office, and obtained by Margie Jones by survivorship of Arnold Jones who is now deceased, and bounded and described as follows:

BEGINNING at a survey marker at KY 511 and corner common to John A. Harp and Margie Jones; thence running S 08° 37’ 59” W, 159.06 feet to a post thence running N 87° 37’ 16” W, 132.48 feet to a post thence in a southeast direction 47.69 feet to a survey marker; thence running in a southeast direction 110.48 feet to a survey marker; thence S 19° 24’ 51” E, 125.22 feet to a survey marker; thence S 01° 15’ 20” W, 180.28 feet to a survey marker at the existing fence; thence with the fence S 04° 24’ 40” W, 349.51 feet to a survey marker; thence S 15° 55’ 59” W, 163.33 feet to a survey marker; thence S 23° 05’ 14” E, 217.87 feet to a survey marker at the old county road; thence running in a northeast direction with the old county road and fence to KY 836; thence running in a northeast direction with KY 836 and fence to a fence post at KY 511 to a survey marker at the beginning; and

Being the same property conveyed to Brian A. Potter and wife, Chasity R. Potter, in Survivorship, by Warranty Deed dated March 29, 2004 and recorded on March 31, 2004 in Deed Book 451, Page 525 in the Office of the Clerk of the County Court 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 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 25th day of November, 2014.                     

HOWARD O. MANN, MASTER COMMISSIONER

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-00337

DOLORES MACKEY, A/K/A DOLORIS MACKEY, AND HER HUSBAND, ROBERT MACKEY, PLAINTIFFS VS: JOE N. BROWN; UNKNOWN SPOUSE OF JOE N. BROWN; FLORENCE BOWLIN WEBB; UNKNOWN SPOUSE OF FLORENCE BOWLIN WEBB; MARION BROWN; UNKNOWN SPOUSE OF MARION BROWN; JULIANNE BROWN; UNKNOWN SPOUSE OF JULIANNE BROWN; STAFFORD C. BROWN; UNKNOWN SPOUSE OF STAFFORD C. BROWN; ALEXANDRIA BROWN; UNKNOWN SPOUSE OF ALEXANDRIA BROWN; RANDOLPH PARTIN, AND HIS WIFE, SANDRA PARTIN; PHYLLIS PARTIN A/K/A PHYLLIS PARTIN AYERS; UNKNOWN SPOUSE OF PHYLLIS PARTIN A/K/A PHYLLIS PARTIN AYERS; DEANNA WILLIAMS, AND HER HUSBAND, LEO WILLIAMS; BARBARA HAFNER, AND HER HUSBAND, MARVIN HAFNER; RANDALL BARRY BOWLIN A/K/A RANDALL BOWLIN, AND HIS WIFE, SANDRA LEE BOWLIN; TERRY RONALD BOWLIN, AND HIS WIFE, PAMELA BOWLIN; NANCY JEAN BOWLIN AYERS A/K/A NANCY AMEY, AND HER HUSBAND, ROBERT W. AYERS; JAMES PERRY BOWLIN, AND HIS WIFE, SAMI LUCINDA BOWLIN; JACQUELINE BOWLIN CAPONE, AND HER HUSBAND, PETER A. CAPONE; CYNTHIA BOWLIN; UNKNOWN SPOUSE OF CYNTHIA BOWLIN; ANGELA BOWLIN MALIK, AND HER HUSBAND, JOHN EDWARD MALIK; JOSEPH WEBB; UNKNOWN SPOUSE OF JOSEPH WEBB; THE UNKNOWN HEIRS OF JAMES HENRY BOWLIN; THE UNKNOWN HEIRS AT LAW OF ELSIE JONES BOWLIN, DECEASED, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 2, 2014 and a subsequent Order entered July 24, 2014, 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, December 15, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment is for land partition and out of the proceeds of the sale a reasonable attorney fee for Plaintiff’s attorney shall be reimbursed along with all costs incurred, all city and county (Whitley County and/or Bell County, Kentucky) ad valorem property taxes have been deducted in this action, and the balance of the sale proceeds shall be distributed as indicated in the judgment herein.

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

TRACT NO. 1:

A certain tract of land lying and being in Whitley County, and Bell County, Kentucky, on the waters of Poplar Creek of Cumberland River and bounded as follows to-wit:  Beginning a Black Oak on the top of Pine Mountain; thence with the Meanders of the top S 31 W 16 poles to a stake; thence S 40 W 14 poles, S 42.30 W 20 poles; S 38 W 10 poles to a black oak; S 17 W 20 poles to a hickory at the end of a rock; thence S 5 W 33 poles to a chestnut; thence S 50 W 24 poles to two pines and hickory; thence N 10 E 20 poles to a stake & oak; S 54 W 24 poles to a stake; N 25.30 W 15 poles to a hickory; thence N 10 E 8 poles to a chestnut oak and cliff, N 12.30 W 18 poles to a sourwood & dogwood on top of a rock N 53 E 15 poles to a locust and rock; thence N 59 E 31 ½ poles to a stake; thence  N 42 E 58 poles to a chestnut oak; thence S 42 E 14 poles to the point of Beginning, a black oak containing 22 twenty acres, be the more or less.

Being the same property conveyed to Henry Bowleb, (sic) a/k/a Henry Bowlin, a/k/a James Henry Bowlin, deed dated April 29, 1913, from Robert Low and his wife, Bell Lowe, et. al., and recorded November 2, 2010, in Deed Book 498, page 665 of the Whitley County clerk’s office and recorded November 2, 2010 in Deed Book 71, page 316 of the Bell County Clerk’s office.

And

TRACT NO. 2:

One parcel or tract of land situated in Whitley County, Kentucky lying and being on the top of the Pine Mountain on the divide between Laurel Fork and Mud Creek and bounded as follows to wit;

Beginning on North side of the Pine Mountain on J.E. Silers line at a double Lynn and Dogwood; thence with said line 60 poles to J.E. Siler’s corner; Thence Northwest with said J.E. Siler’s line to a conditional line made by Jim Shepherd; thence to a hickory tree corner of Sallie Bryant  or a conditional corner of Sallie Bryants; thence on with this said conditional line with the public road to a double lynn and dogwood the Beginning.

Being the Same property conveyed to Andrew Law, by deed dated January 5, 1898 from Wimer Siler and his wife, Rachel Siler, and recorded March 1, 1901, in Deed Book 32, page 427 of the records of the Whitley County Clerk’s office records.

TRACT NO. 3:

A certain tract or parcel of land lying and being in the state of Kentucky, county of Whitley on waters of Big Poplar on head waters of Trace Branch and Mud Creek and Bounded as follows to wit;

Beginning on a double ___ dogwood corner of the J.E. Siler Survey N 16 W. 12 poles to a stake thence S 9 E 3 poles to a stake; thence N 7 W 2 1/2 poles to a white oak stump corner Near where the drean crosses the Big Road thence N 10 E. 11 poles to a hickory and white oak; thence due E. 34 1/2 poles to a ash in J.E. Siler’s line, this call to be a conditional  line between first and second parties in this deed and the second party is to build a partnership fence on this conditional line thence S __ W 24 poles with T. G. Siler line to the beginning.

This being all of the same land conveyed by deed of conveyance from J. W. Karr and wife Lucinda Karr to Andrew Law and wife Malinda Law dated January 27, 1900 and recorded in Deed Book 34, page 588 of the Whitley County Clerk’s office records.

          AND

TRACT NO. 4:

A certain tract or parcel of land lying and being in the community of Whitley and State of Kentucky on the waters of Laurel Fork and Big Poplar Creek and bounded as follows to wit:

Beginning on a double Lynn near the county road that crosses Pine Mountain, N 16 W 14 poles to a stake near the Road, thence N 66 E 82 poles to a Spanish oak and dogwood; thence N 42 thence S 40 W with the meanders of Top of Pine Mountain 60 Poles to a Black Oak; thence S 15 W 16 poles to a hickory, the paint of a Rock; thence S 3 W 34 poles to a chestnut; thence S 47 W 31 poles to a chestnut oak; thence N 40 W up the mountain to J.E. Siler line; thence with J.E. Silers to the Beginning.

This being all of the same land conveyed by deed of conveyance from Beth Fusson and others to Andrew Law dated February 1, 1900 and recorded in Deed Book 34, page 590 of the Whitley County Clerk’s office records.

See also Affidavit of Descent of James Henry Bowlin, deceased, recorded on November 2, 2010, in Deed Book 498, page 669 of the Whitley County Clerk’s office and recoded November 2, 2010 in Deed Book 350, page 474 of the Bell County Clerk’s office records.

See also Affidavit of Descent of Elsie Jones Bowlin, deceased, recorded on November 2, 2010, Deed Book 498, page 667 of the Whitley County Clerk’s office and recorded on November 2, 2010 in Deed book 350, page 472 of the Bell 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 (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% 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 Plaintiffs are the purchaser, the 10% deposit shall be waived.

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

Dated this 25th day of November, 2014.                     

HOWARD O. MANN, MASTER COMMISSIONER

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