Legal Notices for 2/11/15, page 3

 

attorney’s fees; plus sum advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate; plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note and Mortgage.

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

Property Address:  960 East Highway 92, Williamsburg, KY 40769.

Parcel No.: 128-00-00-077.00

A certain tract or parcel of land lying in Whitley County, Kentucky on Cumberland River:

Beginning on a corner of Quillen Hamblin lot; thence running up his line to the old county road on top of cliff; thence running a western direction with Wm. Bull’s line 175 feet to a stone corner; thence SE down the hill about 175 feet, more or less, to the highway right of way line; thence with the upper side of the highway line to the beginning.

Being the same property conveyed to Verna Jones, no marital status shown who acquired title by virtue of a deed from T. E. Monhollen and his wife, Maude Monhollen, dated June 19, 1979, recorded June 28, 1979, at Deed Book 280, Page 83, Whitley County, Kentucky records

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

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 down (10%) 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 27th day of January, 2015.

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. 14-CI-00009

FORCHT BANK, NA, PLAINTIFF VS: RONNIE FRITTS, A/K/A RONNIE D. FRITTS and his wife, HOLLY FRITTS; R&S TOWING SERVICE, LLC; 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 December 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 Monday, February 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem judgment against the Defendants, Ronnie Fritts, a/k/a Ronnie D. Fritts and his wife, Holly Fritts (is not a personal judgment in as much as the Fritts have filed Chapter 7 Bankruptcy), plus costs, is as follows:

(1) Pursuant to Count I of the Judgment: The sum in the amount of $162,617.95 as of November 18, 2014, plus interest at the rate of 6.75% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II of the Judgment: The sum of $26,468.83 as of November 18, 2014, plus interest at the rate of 5.99% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(3) Pursuant to Count III of the Judgment: The sum of $32,233.43 as of November 18, 2014, plus interest at the rate of 6.99% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

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

COUNT ONE:

PROPERTY ONE:

Tract 3

A certain tract or parcel of land located on the West side of Tidal Wave Road in Whitley County, Kentucky approximately 0.2 miles from the junction of Tye Town School Road.

Being all of Tract 3 of a Plat named Steve Purvis Project (Corbin) filed in Plat Cabinet 3, Slide 571, in the Whitley County Clerk’s Office at Williamsburg, Kentucky.

The above described having an area of 8.7120 acres as survey by Bobby Hudson, LPLS 1253 on 02/05/2010.

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 as otherwise noted. All bearings are referenced to the meridian.

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

LESS AND EXCEPT THAT PROPERTY conveyed to Alvin Trosper, single, and Margaret Rains, single, by Deed dated June 13, 2011, from Ronnie D. Fritts and his wife, Holly Fritts, and recorded in Deed book 502, Page 665 of the Whitley County Clerk’s Office, described as follows:

Being Lot #14 in the William H. Grant Subdivision northwest Corbin, a map or plat of which is recorded in Map Book 1, Page 181, Whitley County Court Clerk’s Office to which reference is hereto made for a more complete description of said lot. Lot #14 is 100 feet by 200 feet in size.

BEING PART OF THE SAME PROPERTY conveyed to Ronnie Fritts and his wife, Holly Fritts, by deed dated January 5, 2011, and recorded in Deed Book 500, Page 52 of the Whitley County Clerk’s Office.

Current Property Address: Tract 3 Tidal Wave Road, Corbin, KY 40701

Current Parcel ID No: 086-00-00-090.00

 

PROPERTY TWO:

Tract 2

A certain tract or parcel of land located on the West side of Tidal Wave Road in Whitley County, Kentucky, approximately 0.25 miles from the Junction of Tye Town School Road.

Being all of Tract 2 of a Plat named Steve Purvis Project (Corbin) filed in Plat Cabinet 3, Slide 571, in the Whitley County Clerk’s Office at Williamsburg, Kentucky.

The above described having an area of 16.8493 acres as survey by Bobby Hudson, LPLS 1253 on 02/05/2010.

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 as otherwise noted. All bearing are referenced to the meridian.

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

BEING A PART OF the same property conveyed to Ralph D. Petrey and Mary Linda Petrey, husband and wife, by Deed dated June 10, 2003 and recorded June 10, 2003, of record in Deed Book 444, Page 102, in the Office of the County Clerk of Whitley County, Kentucky; and 

THEREAFTER, BEING A PART OF the same property conveyed to Steve Purvis and Amanda Purvis, husband and wife, by Deed dated March 7, 2010 and recorded March 22, 2010, of record in Deed Book 495, Page 12; and

THEREAFTER, being the same property conveyed to Ronnie Fritts and his wife, Holly Fritts, by Deed dated November 17, 2010 and recorded November 23, 2010, of record in Deed Book 499, Page 123, in the office aforesaid.

Current Property Address: Tract 2 Tidal Wave Road, Corbin, KY 40701

Current Parcel ID No: 086-00-00-090.00

 

COUNT TWO:

A certain tract or parcel of land located on the West side of Tidal Wave Road in Whitley County, Kentucky approximately 0.3 miles from the junctions of Tye Town School Road.

BEING ALL OF Tract 1 of plat named Steve Purvis Project (Corbin) filed in Plat Cabinet 3, Slide 571 in the Whitley County Clerk’s Office at Williamsburg, Kentucky.

The above described having an area of 11.6103 acres as surveyed by Bobby Hudson, LPLS 1253 on 02/05/2010 and being a portion of the property conveyed to Steve Purvis by Deed Book 495 Page 012 in the records of the Whitley County 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 as otherwise noted. All bearings are referenced to the meridian.

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

BEING THE SAME PROPERTY conveyed to Ronnie Fritts and his wife, Holly Fritts, by deed dated March 25, 2011, and recorded in Deed book 501, Page 468, of the Whitley County Clerk’s Office.

Current Property Address: Tract 1 Tidal Wave Rd, Corbin, KY 40701

Current Parcel ID No: 086-00-00-090.00

 

COUNT THREE:

TRACT I:

A certain tract of land lying on the west side of Rockholds-Deering Road, approximately 0.55 mile south from the junction of Rockholds-Deering Road and Tye Town School Road, in Whitley County, Kentucky, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “steel stake” is a set 1/2 inch diameter rebar stake, eighteen inches in length, with a yellow plastic cap stamped “EG 3276”. All bearings stated herein are referred to true north as observed on June 15, 2011 on the property described herein.

Beginning at a point in the west right-of-way line of the Rockholds-Deering Road, bearing S 63-58-17 W, 15.00 feet from the road center line at a point in the center of the low gap at the top of a ridge, bearing N 73-57-34 E, 34.38 feet from a steel stake set at the base of a black oak stump on top of the highwall by the road, a corner to H.H. Tye (DB 191, PG 561) and the tract described herein; thence with the west right-of-way line the following calls: S 26-48-03 E, 502.66 feet to a steel stake set; S 35-42-49 E, 53.82 feet to a steel stake set, 15 feet from the road center line, a new corner to Paul Wilburn (DB 408, PG 425) and the tract described herein; thence severing the Paul Wilburn property S 45-31-14 W, 779.20 feet to a steel stake set at the base of a 12 inch maple, a corner to H.H. Tye and the tract described herein; thence with the H.H. Tye line the following calls: N 00-52-35 W, 395.44 feet to a steel stake set at the base of a 12 inch poplar, N 22-08-08 E, 345.63 feet to a steel stake set; N 24-10-58 E, 343.39 feet to a steel stake set at the base of a black oak stump; N 73-57-34 E, 34.38 feet back to the point of beginning, containing 6.39 acres, more or less.

All according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on October 25, 1999 and July 10, 2012.

 

TRACT II:

A certain tract of land lying on the west side of Rockholds-Deering Road, approximately 0.55 mile south from the junction of Rockholds-Deering Road and Tye Town School Road, in Whitley County, Kentucky, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “steel stake” is a set 1/2 inch diameter rebar stake, eighteen inches in length, with a yellow plastic cap stamped “EG 3276”. All bearings stated herein are referred to true north as observed on June 15, 2011 on the property described herein.

Beginning at a steel stake set at the base of a 12 inch maple, bearing S 16-35-38 W, 1090.30 feet from the center line of the Rockholds-Deering Road, at a point in the center of the low gap at the top of a ridge, a corner to H.H. Tye (DB 191, PG 561) and a corner to Paul Wilburn (DB 408, PG 425) and the tract described herein; thence severing the Paul Wilburn property S 61-11-54 W, 1743.98 feet to a steel stake set on top on a highway, a corner to H.H. Tye and the tract described herein; thence with the H.H. Tye line the following calls: N 51-39-07 E, 266.12 feet to a steel stake set; N 51-38-45 E, 76.28 feet to a steel stake set; N 11-49-38 E, 266.80 feet to a steel stake set; N 63-53-18 E, 228.09 feet to a steel stake set; N 65-36-47 E, 92.83 feet to a steel stake set; N 65-36-44 E, 82.74 feet to a steel stake set; N 41-49-31 E, 198.40 feet to a steel stake set; N 86-17-22 E, 709.50 feet back to the point of beginning, containing 6.52 acres, more or less.

All according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on October 25, 1999; and

BEING the same property conveyed to Ronnie Fritts, by Deed dated July 30, 2012 and recorded August 7, 2012, of record in Deed Book 509, Page 327, in the Office of the County Clerk of Whitley County, Kentucky.

Current Property Address: 176 Fritts Lane, Corbin, KY 40701

Current Parcel ID No: 086-00-00-090.01        

The plaintiff is adjudged to have a security interest in the defendant’s 1999 Clayton Dream Mobile Home, Vin No. CAP006958TNAB, and the mobile home will be sold with the above described real estate.

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 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.

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 27th day of January, 2015.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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