Legal Notices for 12/31/14, page 1

 

 NOTICE OF BOND RELEASE

In accordance with the provisions of KRS 350.093, notice is hereby given that G & S Coal, Inc., 11016 Highway 92 East, Williamsburg, KY 40769, has applied for a combined Phase II & III bond release of Permit No. 918-5186, which was last issued on 12-1-2014.  This application covers an area of 8.3 acres of surface area and located on Coalstone Branch in Whitley County.

The permit area is approximately 0.8 miles southwest of KY Route 904’s junction with KY 92 at Siler, KY.  The latitude is 36° 41’ 15”.  The longitude is 83° 58’ 42”.

The KY Bonding Pool bond now in effect is $14,900.00, of which 100 percent is requested to be included in this phase of bond release.

Reclamation work performed includes: As of October 15, 2010, the mine site has been backfilled and graded, and seeded and mulched according to the revegetation plan.   The mine site is revegetated. 

This is the final advertisement of the application. Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at:  Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by January 30, 2015.

A public hearing has been scheduled for 9:00 a.m. On February, 2 2015, at  the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY  40965.  This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by January 30, 2015 

 

NOTICE OF BLASTING SCHEDULE

PERMIT NO. 918-0446

In accordance with the provisions of 405 KAR 16:120, Clear Energy Corporation, P.O. Box 1385 Lafollette, TN. 37766, telephone 423-562-6447, proposes the following blast schedule. The blasting site encompasses approximately 33.6 acres located approximately 1.4 miles northeast of Colonel Hollow Road’s junction with Kentucky Route 26 and located on Bald Knob of King Mountain, in Whitley County. The surface area on which blasting operations will be conducted is owned by Donald and Barbara Shupe, Mike and Leslie Nantz, Alva J. Nantz, Carol and John Mize and Gatliff Coal Company.

Detonation of explosives is proposed to occur from sunrise to sunset Monday through Saturday. The blasting schedule is for a period from January 1, 2015 to January 1, 2016. Control of the blasting area will be maintained by posting blast warning signs and blocking access roads to the area prior to the blast. Post detonation access to the blasting area will be allowed only after an inspection and a warning signal will be given, that consists of a one minute series of long blasts of a siren, sounded five (5) minutes prior to the blast signal. The blast signal will consist of a series of short siren blasts given one (1) minute prior to the detonation of the shot. A post-detonation all-clear signal, consisting of a prolonged siren signal, will follow the inspection of the blast site. The signals will be audible within one half mile of the blasting site and will be given with a siren. This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation Enforcement Provisions and KRS 350.220 and the regulations relating thereto. The Kentucky DNR Permit Number is 918-0446.

 

PUBLIC NOTICE

INVITATION TO BID

Whitley County has been awarded a grant from the Energy and Environment Cabinet, Division of Waste Management, for the purpose of cleaning illegal dumpsites within the county.  The dumps will be removed under the direction of the Whitley County Fiscal Court.

Bid proposals and any additional information can be obtained at the Whitley County Judge/Executive’s Office, Whitley County Courthouse, 210 Main Street, Williamsburg, Kentucky, (606) 549-6000, during regular business hours.  The proposals will also be posted on the Whitley County Fiscal Court website:  http://www.whitleycountyfiscalcourt.com/news.asp .

There will be a pre-bid meeting at 11:00 a.m., January 5, 2015, in the Whitley County Judge/Executive’s Office.  ALL BIDDERS ARE REQUIRED TO ATTEND THE PRE-BID MEETING.  Sealed proposals will be accepted until 2:30 p.m., January 16, 2015, at which time the bids will be opened and read aloud.  The contract will be awarded during the Whitley County Fiscal Court meeting at 6:00 p.m., January 20, 2015.  PRINT (Dump Cleanup) on the front of the envelope.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids.  Whitley County reserves the right to award bid based upon availability, service and in the best interest for the public safety for the citizens of the County.  Whitley County is an Equal Opportunity Employer.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 13-CI-181

Caliber Home Loans, Inc., Plaintiff, VS. Pamela McClane; James McClane; Capital One Bank USA, N.A. FKA Capital One Bank; Bank of Corbin; Tri-County National Bank; State Farm Bank, FSB; Baptist Healthcare System, Inc DBA Baptist Regional Medical Center; Brenda Helton, 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Pamela McClane, plus costs, is as follows:

(1) The principal sum in the amount of $64,446.53, plus interest due from 11/01/12 to 03/01/14 in the amount of $4,942.40, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,246.82, plus late charges in the amount of $148.50, plus property preservation in the amount of $100.00, plus foreclosure fees/costs in the amount of $2,117.00, plus unapplied funds (credit) in the amount of $33.63, for a total in the amount of $72,987.17, together with interest at the rate of 5.75 percent per annum ($1030 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus a reasonable 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.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 124 Forego Trail, Corbin, KY 40701.

PID Number:  102-20-00-141.00

Being Lot No. 190 of Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is duly recorded at 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.

The foregoing property is subject to the Protective and Restrictive Covenants as set forth in Miscellaneous Book 30, Pages 10-14, records of the Whitley County Court Clerk.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed by Clifton E Querry and Frances Luanne Querry, husband and wife, Christopher L. Querry and Amy Querry, husband and wife, Susan E. Graceson and David Graceson, wife and husband, and John R. Querry, a single man, to Virgil Mailcoat and daughter Pamela Mailcoat, by Survivorship Deed dated April 30, 2004 and recorded on May 3, 2004 in Deed Book 452, Page 294, records of the Whitley County Court Clerk.

Virgil Mailcoat died on June 13, 2010.  Upon his death, all right, title and interest in the subject property became vested in Pamela Mailcoat aka Pamela McClane pursuant to the survivorship clause of their Deed.

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 down (1/3%) 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, 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 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 30th day of December, 2014.

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. 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 LIEN SOLUTIONS, LLC, CROSS-PLAINTIFF

VS:

SCOTTY POWERS, a/k/a SCOTTY D. POWERS, single; US BANK CUSTODIAN/SASS MUNI V DTR; 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 September 15, 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 Tuesday, January 20, 2015, 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 $971.91 which includes $28.00 in acquisition and purchase costs and interest of $476.28 as of September 30, 2014 for the Certificate of Delinquency for tax year 2009; and Certificate of Delinquency for tax year 2010 the sum of $973.16 which includes $28.00 in acquisition and purchase costs and interest of $360.01 as of September 30, 2014 with interest thereon at the rate of twelve percent (12%) per annum until paid; and costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee.  A Total award of $5,335.38 for the 2009 and 2010 Certificates of Delinquency includes a reasonable attorney fee in the amount of $1,732.00; and court costs in the amount of $360.75; but does not include costs and/or fees incurred throughout the judicial sale.

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.

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 Cross-Plaintiff or its representative is the purchaser, 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 and shall be entitled to take credit against the purchase price to the full extent of Cross-Plaintiff’s lien 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, Cross- Plaintiff shall be entitled to take a credit against the purchase price in the amount of Cross-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 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 30th day of December, 2014.

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. 11-CI-00477

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. UNKNOWN HEIRS OF FINLEY LAVON LAWSON AND WHITLEY COUNTY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012 and a subsequent Order entered 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Unknown Heirs of Finley Lavon Lawson, plus costs is as follows:

(1) The sum in the amount of $300.00 in additional attorney’s fees, and $200.00 in legal expenses, as well as $335.69 for acquisition costs of the 2008 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 26, 2009; plus an administration fee of $100.00; plus preparing and filing of the Release of Lien and the Clerk’s cost of recordation; plus pre-litigation attorney fees of $318.00; plus $349.69 for acquisition costs of the 2009 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 24, 2010; plus an administration fee of $100.00; plus preparing and filing of the Release of Lien and the Clerk’s cost of recordation; plus pre-litigation attorney fees of $79.50; plus actual attorney’s fees of $1,152.00; plus $400.00 for title search and associated fees; and $425.68 in filing fees, court costs and service costs, and all other costs herein expended; and compounded judicial interest of twelve percent (12%) per annum from the date herein until paid upon all amounts and sums due herein.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 220 Old Commissary Road, Williamsburg, KY 40769.

Map ID #: 190-00-00-034.00.

TRACT I

BEGINNING on a stake on the bank of the creek, a corner conditional line made by and between Samuel Paul and Charles Rose: thence with said conditional line N. 28 E. about 55 feet to a stake in the line of Dr. A. Gatliff: thence with said line in a southeastern direction about 59 feet to a stake in the line of George Ellison; thence with said Ellison line in a northwestern direction about 55 feet to the creek; thence down the creek about 63 feet to the point of beginning.  This tract does not include the old road in creek.

TRACT II

BEGINNING at a stake corner on the creek bank in a conditional line made by and between Samuel Paul and Mance Hamby; thence with said conditional line N. 34 e. about 50 feet to a line of A. Gatliff; thence with said Gatliff line in a southeast direction about 59 feet to a stake on the creek bank; thence down the creek about 73 feet to the beginning.  This boundary does not include the old road bed which in the creek.

Being the same property conveyed to Finley Lavon Lawson, by deed dated November 27, 1990, recorded in Book 351, page 63, Office of Whitley County Clerk’s Office (“Property”).

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 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 the 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 should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its judgment, and in that event, 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 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 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 30th day of December, 2014.

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-764

U.S. Bank National Association, as trustee of the OWS REMIC Trust 2013-1, Plaintiff,  VS. Carl Neal; Crystal Neal; CitiFinancial fka Commercial Credit Corp fka Security Pacific Fin. Service; Unknown Defendant, Spouse of Carl Neal;

Unknown Defendant, Spouse of Crystal Neal,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 17, 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Crystal Neal, plus costs, is as follows:

(1) The principal sum in the amount of $184,809.31, plus interest from 05/1/09 in the amount of $45,746.53, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $13,940.33, plus inspections in the amount of $93.00, plus BPO in the amount of $90.00, plus late charges in the amount of $250.35, for a total in the amount of $244,929.17, together with interest at the rate of 5.00 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus a reasonable attorney fee in the amount of $1,150.00, 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.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 4353 Bee Creek Road, Corbin, KY 40701.

TRACT I

BEGINNING AT AN IRON STAKE ALONG HWY 1193, THENCE 170.45 FEET SOUTH ALONG HWY 1193 TO AN IRON STAKE; THENCE FEET TO AN IRON STAKE IN THE GOVERNMENT LINE; THENCE 149 FEET WITH THE GOVERNMENT LINE TO AN IRON STAKE; THENCE 337 FEET EAST TO THE POINT OF BEGINNING.

TRACT II

BEGINNING AT AN IRON STAKE ALONG HWY 1193; THENCE 170.45 FEET SOUTH ALONG HWY 1193 TO AN IRON STAKE; THENCE 337 FEET WEST TO AN IRON STAKE IN THE GOVERNMENT LINE; THENCE 149 FEET WITH GOVERNMENT LINE TO AN IRON STAKE; THENCE 337 FEET EAST TO THE POINT OF BEGINNING SAID PROPERTY LIES ADJACENT TO REAL PROPERTY OWNED BY GRANTEE BY DEED FROM GRANTOR DATED MARCH 24, 1998 AND RECORDED IN DEED BOOK 399, PAGE 371 OF THE WHITLEY COUNTY CLERK’S OFFICE.

Being the same property conveyed to Carl Neal and Crystal Neal, husband and wife, by deed dated February 10, 2006 and recorded on February 15, 2006 in Deed Book 467, Page 64 in 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 percent down (1/3%) 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, 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 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 30th day of December, 2014.

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-625

Wells Fargo Bank, N.A., Plaintiff, VS. Albert Thornberry; April Thornberry; PNC Bank, National Association; Conseco Finance Service Corp., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 2014, and subsequent Orders entered on August 4, 2014 and November 3, 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 Tuesday, January 20, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Albert Thornberry and April Thornberry, plus costs, is as follows:

(1) The principal sum in the amount of $73,498.64, plus interest from 11/1/12 in the amount of $4,999.95, plus hazard insurance in the amount of $469.43, plus taxes in the amount of $322.70, for a total in the amount of $79,290.72, 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.

(2) There is a manufactured home described as being a Make: 2000 HOME, Model Legacy, Color Unknown with a VIN: HL58781ABAL and Title #: 123191180058, that is located on the property and is permanently affixed to the land and will be sold together with the land.

Property Address: 260 Casey Road, Corbin, KY 40701.

PIDN: 069-00-00-023.04

A certain tract or parcel of land located on the South side of an unnamed county road in Whitley County, Kentucky, approximately 0.3 miles from the junction of the unnamed county road and Stoney Fork Road.

Beginning at an iron pin set on the South right-of-way of an unnamed county road, said pin being North 73 degrees 41 minutes 08 seconds for a  distance of 547.14 feet from the corner of Mack Withrow (Deed Book 403, Page 612) and Larry Wilson (Deed Book not on record) and said pin being a new corner with Warren Hale (Deed Book 394, Page 089); thence with the right-of-way of an unnamed county road 82 degrees 25 minutes 58 seconds East for a distance of 232.72 feet to an iron pin found; thence with the right-of-way North 83 degrees 14 minutes 40 seconds East for a distance of 129.48 feet to an iron pin found; said pin being a corner with Warren Hale (Deed Book 394, page 069) ; thence leaving the right-of-way with a new division line of Hale, South 05 degrees 18 minutes 03 seconds East for a distance of 142.11 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, South 53 degrees 45 minutes 28 seconds West for a distance of 118.18 feet to an iron pin set being a new corner with Hale; thence with the new division line of Hale, South 48 degrees 17 minutes 31 seconds West for a distance of 107.21 feet to an iron pin set, said pin being a new corner with Hale; thence with the new division line of Hale, North 79 degrees 21 minutes 38 seconds West for a distance of 94.06 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 74 degrees 43 minutes 18 seconds West for a distance of 209.24 feet to an iron pin set, said pin being a new corner with Hale; thence with a new division line of Hale, North 29 degrees 53 minutes 24 seconds East for a distance of 185.43 feet to an iron pin set, which is the point of beginning.

The above described having an area of 2.0000 acres as surveyed by Bobby Hudson, LPLS 1263 on August 29, 2000, and being a portion of the property conveyed to Warren Hale, by Deed recorded in Deed Book 326, Page 069, records of the Whitley County Court Clerk’s Office at Williamsburg, Kentucky.

All corners or witness monuments referred to herein as iron pins set are one-half inch rebar 18 inches long and capped with an orange cap marked LS 1253, except otherwise noted. All bearings are referenced to the magnetic meridian.

This property is subject to any and all rights-of-way and/or easements of record and/or in existence at this time and regulations that may apply through planning and zoning.

Being the same property conveyed to Albert Thornberry and April Thornberry, husband and wife, from Warren C. Hale and Oreita Hale, husband and wife, by Deed dated August 8, 2000 and recorded August 17, 2000 in Deed Book 420, Page 653, records 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% 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, 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 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 30th day of December, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

ADVERTISEMENT FOR BIDS

Sealed Bids for the following surplus vehicle property will be received by the Whitley County Fiscal Court.  This BID is for this single vehicle. 

VIN NO.  2G1WF55K419354488 2001  

DESCRIPTION CHEVY IMPALA

Person(s) or Agency must submit their mailed bids or submit them to the Whitley County Judge Executive at the Whitley County Courthouse, P.O. Box 237, Williamsburg, Kentucky, on or before 2:00 p.m. local time on Jan 16, 2015 at which time bids will be opened and read aloud.   Bids will then be presented to the Fiscal Court at the regular scheduled meeting at 6:00 p.m. on Jan 20, 2015.  All bids shall be marked “2001 Chevy Impala” on front of envelope.

The surplus property is available for inspection located at Quality Care Auto Service, 401 South 5th Street, Williamsburg, KY  40769 and can be viewed during 9:00 AM and 3:00 PM, Monday through Friday.   

Payment from the recipient awarded the Bid shall be made with the County Treasurer. 

Removal of the vehicle shall be the responsibility of the recipient of the BID and shall have until 5:00 PM on Jan 23, 2015 to remove all vehicles or daily storage fees shall apply to the recipient of the BID from Quality Care Auto Service.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

No bidder may withdraw his/her bid for 60 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids.  Whitley County is an Equal Opportunity Employer.

 

ADVERTISEMENT FOR BIDS

Sealed Bids for the following surplus vehicle property will be received by the Whitley County Fiscal Court.  This BID is for the lot group for all (9) vehicles, no individual vehicle bids will be accepted.

             VIN NO.                     DESCRIPTION

2FAFP71W53X167452          2003 FORD CROWN VIC

2FAFP71WXYX188367         2000 FORD CROWN VIC

2FAFP71W8WX143148        1998 FORD CROWN VIC

2FAFP71WX4X141401         2004 FORD CROWN VIC

2FAFP71W0XX156221        1999 FORD CROWN VIC

2FAFP71W4YX113244        2000 FORD CROWN VIC

2FAFP71WX4X141978        2004 FORD CROWN VIC

1FAFP56U67A195223         2007 FORD TAURUS

2G1WF52E839442316        2003 CHEVROLET IMPALA

Person(s) or Agency must submit their mailed bids or submit them to the Whitley County Judge Executive at the Whitley County Courthouse, P.O. Box 237, Williamsburg, Kentucky, on or before 2:00 p.m. local time on Jan 16, 2015 at which time bids will be opened and read aloud.   Bids will then be presented to the Fiscal Court at the regular scheduled meeting at 6:00 p.m. on Jan 20, 2015.  All bids shall be marked “VEHICLES” on front of envelope.

The surplus property is available for inspection located at Quality Care Auto Service, 401 South 5th Street, Williamsburg, KY  40769 and can be viewed during 9:00 AM and 3:00 PM, Monday through Friday.   

Payment from the recipient awarded the Bid shall be made with the County Treasurer. 

Removal of the vehicles shall be the responsibility of the recipient of the BID and shall have until 5:00 PM on Jan 23, 2015 to remove all vehicles or daily storage fees shall apply to the recipient of the BID from Quality Care Auto Service.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

No bidder may withdraw his/her bid for 60 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids.  Whitley County is an Equal Opportunity Employer.

 

COUNTY TAXPAYER’S NOTICE

The 2014 Whitley County Oil, Gas and Clay bills will be due and payable beginning January 1, 2015. If you do not receive your bill in the next few days, please contact the Whitley County Sheriff’s Office. When mailing in your payment, please include a copy of the tax bill. If you wish a paid receipt returned to you, please enclose a self-addressed, stamped envelope. The following dates will be the collection dates for Oil, Gas and Clay bills:

2% Discount- If paid by January 31, 2015

Face Amount- If paid by February 28, 2015

5% Penalty- If paid by March 31 2015

21% Penalty- If paid after March 31 2015

All Oil, Gas, and Clay bills will be turned over as delinquent if not paid by June 15, 2015.

Please make checks payable to: Whitley County Sheriff, P.O. Box 118, Williamsburg, KY 40769