Legal Notices for 12/7/2011, page 2

 

 The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  28 Civil Center Drive, Corbin, KY 40701.

Beginning on a set iron pin and cap in the Eastern edge of Civic Center Drive (20 feet from approximate centerline), and in the southern edge of an un-named street (20 feet from approximate centerline), said pin also being located approximately 200 feet northeast of the intersection of KY Highway 312; Thence leaving Civic Center Drive and with the southern edge of said un-named road S 66-53-54 E 67.02 feet to a set iron pin and  Thence leaving said road and with a new dimension line severing the parent tract S 22-24-51 W 99.01 feet to a set iron pin and cap in a line common to Lloyd Foley (DB 274 PG 298); Thence with line common to said Foley N 66-53-54 W 54.09 feet to a set iron pin and cap in the Eastern edge of Civic Center Drive (20 feet from the approximate centerline); Thence with the eastern edge of said road N 14-59-02 E 100.00 feet to the point of beginning. Containing 0.14 acres by survey conducted on April 25th 2006 by Richard A. Reece, PLS#3358 with H&R Surveying. Unless stated otherwise, any monument referred to herein as a “set iron pin and cap” is a set W’ by 18” iron pin with orange plastic cap stamped H&R PLS#3358. All bearings given herein are referenced to the magnetic meridian as obtained in the field on April 25th, 2006 by taking random sight and turning angles therefrom.

Being the same land acquired by D&D Rental Properties, LLC, by deed recorded in Deed Book 468, Pg 754, 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 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. 

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 22nd day of November, 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. I

CIVIL ACTION NO. 11-CI-00561

FORCHT BANK, NA, formerly known As WILLIAMSBURG, NATIONAL BANK,  PLAINTIFF, VS. CLAY SMITH, Single; CASSIE SMITH, Single; WHITLEY COUNTY, KENTUCKY, and LAUREL COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 3, 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, December 12, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Clay Smith and Cassie Smith, plus costs, is as follows:

1. Pursuant to Count I, the principal sum in the amount of $20,019.35, plus interest thereon at the rate of 9.99% per annum ($5.343464 per day) until October 3, 2011, and thereafter at the judgment rate of 12% per annum until paid in full.

2. Pursuant to Count II, the principal sum in the amount of $12,016.47, plus interest thereon at the rate of 4.25% per annum ($1.393346 per day) until October 3, 2011, and thereafter at the judgment rate of 12% per annum until paid in full.

3. Pursuant to Count III, the principal sum in the amount of $82,750.74, plus interest thereon at the rate of 5.99% per annum ($13.454211 per day) until October 3, 2011, and thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  1674 Highway 26, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, on waters of Watts Creek, KY HWY #26.

BEGINNING at a set stone at edge of right of way of HWY #26 in the line of the Jones heirs and thence East 70 feet with the Jones line to a set stone; thence S 156 feet to a set stone; thence West 70 ft to a set stone in the edge of KY HWY #26; thence with the edge of said right of way North 156 feet to the point of BEGINNING.

BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Jonathan L. Blakley, single, dated February 26, 2008, recorded in Deed Book 482, Page 315 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 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 Forcht Bank, NA, is the highest bidder for a sum less equal to or less than its Judgment, Forcht Bank, NA, shall only be required to pay the costs and expenses of the Commissioner’s sale. 

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 22nd day of November, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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

 

NOTICE:

Marty Wilson, PO Box 308, Emlyn, KY 40730 was appointed Administratrix, November 8, 2011 over the estate of Roy Capps, deceased.

Judy Anderson, 2959 Lot Mudd Creek, Williamsburg, KY 40769 was appointed Administratrix, November 8, 2011 over the estate of Jerry Jones Sr., deceased.

Henry Hatfield, 21448 Hwy. 190, Clairfield, TN 37715, was appointed Executor, November 15, 2011, over the estate of Edward Hatfield, deceased.

Jonathan Lawson, 701 Siler Cemetery Rd., Williamsburg, KY 40769 was appointed Administrator, November 14, 2011, over the estate of David Lawson, deceased.

Stephen Mosley, 945 Becks Creek Rd., Williamsburg, KY 40769, was appointed Administrator, November 14, 2011 over the estate of Pruda Mosley, deceased.

Stephen Mosly, 945 Becks Creek Rd., Williamsburg, KY 40769, was appointed Executor, November 14, 2011 over the estate of Clarence Mosley, deceased.

Mike Baker, 119 Armadale Drive, Kathleen, Georgia 31047 was appointed Executor, November 22, 2011, over the estate of Howard Baker, deceased.

Vickie Lawson, 129 Wofford Church Rd., Williamsburg, KY 40769 was appointed Administratrix, November 29, 2011 over the estate of Thurman Willoughby, deceased.

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 30th day of November, 2011.

GARY W. BARTON, CLERK

WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY  40769

 

COMMONWEALTH OF KENTUCKY

34th JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO:  11-CI-00902

DIVISION NO: II

EDWARD RAY ANGEL, and his wife JOAN PREWITT ANGEL, PLAINTIFFS

VS.

The Estate of Gary Lee Veach, deceased, by and through the Administratrix, Cindy Duff, The Unknown heirs at law, next of kin, and devisees of GARY LEE VEACH, deceased, WILMA ANGEL PARTIN, and her husband, BILL PARTIN, The Unknown heirs at law, next of kin, and devisees of EVAN ANGEL, deceased, PAMELA FAYE ANGEL BERGERON, and her unknown spouse, if any, EVAN MICHAEL ANGEL, and his unknown spouse, if any, ALEXANDER BERGERON, and his unknown spouse, if any, FAITH LYNN BERGERON, and her unknown spouse, if any, CASSANDRA ANN BERGERON, and her unknown spouse, if any, JOYCE LYNN ANGEL ROGERS, and her unknown spouse, if any, KEVIN MICHAEL DI GIOVANNI, and his unknown spouse, if any, The Unknown heirs at law, next of kin, and devisees of JOSEPHINE ANGEL ELLISON, deceased, The Unknown heirs at law, next of kin, and devisees of MARVIN ELLISON, deceased, The Unknown heirs at law, next of kin, and devisees of MARVIN SCOTT ELLISON, deceased, MARLENE ANGEL ELLISON, a/k/a MARLENE ELLISON FUSON, and her unknown spouse, if any, SARA ANGEL HART, a/k/a SARAH HART and her husband ARTMAN FLOYD HART, The Unknown heirs at law, next of kin, and devisees of MARIE ANGEL SETSER, deceased, RONALD SETSER, and his wife, DIANE SETSER, JEFFREY SETSER, and his wife JENNIFER SETSER, VICKI SETSER MORITZ, and her husband, ROBERT MORITZ, The Unknown heirs at law, next of kin, and devisees of GRANT ANGEL, deceased, The Unknown heirs at law, next of kin, and devisees of JAMES ARTHUR ANGEL, deceased, NANCIE ANGEL, and her unknown spouse, if any, JAMES ARTHUR ANGEL, JR., and his unknown spouse, if any, COYT ANGEL, and his unknown spouse, if any, KELLY ANGEL, a/k/a JEB ANGEL and his wife, ELIZABETH ANGEL, The Unknown heirs at law, next of kin, and devisees of JANIE ANGEL ELLISON, deceased, The Unknown heirs at law, next of kin, devisees, and siblings of GRACIE VEACH, deceased, The Unknown heirs at law, next of kin, and devisees of JEREMY CLAUDE VEACH, now believed to be deceased, WAYNE VEACH, and his wife, BONNIE VEACH, JAMES C. VEACH, and his wife, FRANCES VEACH, SHERRY VOLPE, and her husband, JOHN VOLPE, RAY (“K.D.”) VEACH, and his wife, KATHY VEACH, JOE LARRY VEACH, and his wife, LINDA VEACH, The Unknown heirs at law, next of kin, and devisees of EVERETT VEACH, deceased, The Unknown heirs at law, next of kin, and devisees of EFFIE CROLEY, deceased, The Unknown heirs at law, next of kin, and devisees of HUBERT VEACH, a/k/a HERBERT VEACH, deceased, The Unknown heirs at law, next of kin, devisees and siblings of BUTHEL VEACH, deceased, NAMI RESOURCES COMPANY, LLC, andWHITLEY COUNTY, KENTUCKY, DEFENDANTS

WARNING ORDER ATTORNEY NOTICE

December 7, 2011

To Whom It May Concern (or any persons listed in the above-referenced caption): I have been appointed by Order of the Whitley Circuit Court, located in Williamsburg, Kentucky dated November 8, 2011, to notify you of a Complaint which has been filed against you in the Court.  The name of the case is Edward Ray Angel, and his wife, Joan Prewitt Angel vs. The Estate of Gary Lee Veach, et al., Whitley Circuit Court, Civil Action No. 11-CI-00902, Division II. 

This letter and notice is written pursuant to my authority as Warning Order Attorney, is granted from my appointment, as well as Rules 4.05, 4.06 and 4.07 of the Kentucky Rules of Civil Procedure.  The sole purpose of this Notice is to warn you and to notify you that this action has been filed, is pending, and that you are named as a Defendant in the lawsuit and that you may need to take action to protect your rights. This is an action to Sell Real Property, and the real property that Plaintiffs request to be sold is described in 2 deeds, to lands located on Cumberland Falls Highway, near Corbin, Whitley County, Kentucky.  By appointment as Warning Order Attorney, I am not your attorney.  If you want to have an attorney assist you, you must make arrangements to hire one of your choice to represent you. My appointment is for notification purposes and reporting to the Court only.

I will be required to submit a report to the Court within fifty (50) days of my appointment which occurred on November 8, 2011.  My report to the Court will identify the attempt(s) I have made to notify you and also to advise the Court whether or not you have contacted me.  Please advise if you are serving in active duty with any branch of the United States Armed Services, are married, or are under a legal or physical disability.

In that regard, please let me hear from you immediately upon receipt of this notice.

Sincerely,

Luke Vance, Esq.

lukevancelaw@gmail.com

274 Spring Cut Cir, Corbin, KY 40701