Legal Notices for 12/3/14, page 2

 

 ) 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