Legal Notices for 2/25/15, page 1

 

 PUBLIC NOTICE

 

An Ordinance pertaining to “Right to Work” in Whitley County was passed on 2/17/15. A copy of the Ordinance is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge EXECUTIVE

 

PUBLIC NOTICE

An Ordinance pertaining to Flood Damage Prevention in Whitley County was passed on 2/17/15. A copy of the Ordinance is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge EXECUTIVE

 

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. ALDEN RESOURCES LLC, 9180447, 1/29/2015. 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-743

Deutsche Bank National Trust Company fka Bankers Trust Company of California, National Association as Trustee for the Certificateholders Vendee Mortgage Trust 2001-1 United States Veteran Affairs, guaranteed Remic Pass-Through Certificates, Plaintiff, VS. R.L. McCullah; Edna McCullah; Commonwealth of Kentucky – Finance and Administration Cabinet; Central Financial Services, Inc.; Unknown Defendant, Spouse of R.L. McCullah; and Unknown Defendant, Spouse of Edna McCullah, Defendants.

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2014, and a subsequent Orders entered April 30, 2014 and 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 Monday, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, R.L. McCullah and Edna McCullah, plus costs, is as follows:

(1) The principal sum in the amount of $114,107.20, plus interest from 01/01/10  in the amount of $35,617.90, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $11,686.26, plus late charges in the amount of $144.34, for a total in the amount of $161,555.70, together with interest at the rate of 8.000 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 $1,100.00, 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.

Property Address: 2640 North Highway 25 West, Williamsburg, KY 40769.

Beginning at an iron pipe on the west line of James David Thornhill Tract and being approximately 7.1 feet from the intersection of the Smith property; thence S 23 degrees 14 minutes W 108.7 feet; thence for two calls S 58 degrees 35 minutes W 90 feet and S 60 degrees 41 minutes W 75 feet to a point; thence N 2 degrees 45 minutes W 201.2 feet to a point; thence N 78 degrees 27 minutes E 80.59 feet to an iron pin; thence S 78 degrees 38 minutes 114.9 feet to a point; thence 7.1 feet to the point of beginning, and containing approximately .60 acres.

Together with the rights if ingress and egress by way of a 12’ driveway extending from US 25 across other lands of Charles C. Smith.

Said property was conveyed to R.L. McCullah and Edna McCullah, husband and wife, by Secretary of Veterans Affairs, on September 28, 2000, by a deed recorded on October 27, 2000, in Deed Book 422, Page 539, in the Office of 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 (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 24th day of February, 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 NO. I

CIVIL ACTION NO. 13-CI-00291

NATIONSTAR MORTGAGE, LLC, PLAINTIFF, VS. JOSHUA WOODS A/K/A JOSHUA LEE WOODS; SAMANTHA WOODS A/K/A SAMANTHA NICOLE WOODS; COUNTY OF WHITLEY; ASSET ACCEPTANCE, L.L.C.; GRANGE MUTUAL CASUALTY COMPANY; and COMMONWEALTH OF KENTUCKY – DIVISION OF UNEMPLOYMENT INSURANCE, DEFENDANTS.

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2014 and a subsequent Order entered January 5, 2015, 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, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Joshua Woods, a/k/a Joshua Lee Woods and Samantha Woods a/k/a Samantha Nicole Woods, plus costs, is as follows:

(1) The principal sum in the amount of $98,201.83, plus Attorney fees in the amount of $1,700.00, for a total sum of $99,901.83, together with interest at the rate of 2.00% per annum from May 1, 2012, until paid, plus costs herein and any sums expended by Plaintiff for insurance, ad valorem taxes or for preservation of the real estate until date of sale.

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

Property Address: 5190 Phoebe Fork Road, Rockholds, KY 40759.

PIDN 160-00-00-027.00

Situate in the County of Whitley and the Commonwealth of Kentucky, to-wit:

A certain tract or parcel of land lying and being on the South Side of Woods Hollow Road approximately 900 feet West of its junction with Kentucky State Highway 779 and being located on the Rockholds U.8.C. & G.8. Quagrangle with a latitude of 36° 48’ 18” and a longitude of 84° 04’ 04”, in the County of Whitley, State of Kentucky and being part of the same land conveyed to Joshua Lee Woods and Samuel Woods by deed from Brenda F. Woods, unmarried, and Sharon L. Woods, unmarried, dated March 12, 1999 and recorded in Deed Book 407, Pages 76-81, and being a part of the same land conveyed to Joshua Lee Woods and Samuel P. Woods by deed from Richard Cummings, unmarried, dated 03-0l-2004 and recorded in Deed Book 450, Pages 679, Whitley County Clerk’s Office, and bounded and described as follows, to-wit:

Unless stated otherwise, any monument referred to herein as “rod and cap” is a set 1/2” x 20” steel rod with a red plastic cap stamped “JGM 1387”, all corner trees are marked with three hacks on two sides and all bearings are referred to the 2004 magnetic meridian as observed along the centerline of Woods Hollow Road on February 10, 2004.

Beginning at a point in the center of Woods Hollow from which a rod and cap reference monument bears S 46-25-09 W, 10.00 feet, a corner to the Joshua and Samuel Woods parcel (Deed Book 450, Pages 679); thence running down the center of said Hollow as it meanders N 85-21-26 E, 13.34 feet; thence S 72-07-33 E, 10.89 feet to a point in the center of a 20.00 feet wide access easement to this parcel; thence S 66-47-34 E, 36.58 feet; thence N 57-20-46 E, 17.88 feet; thence S 58-34-52 E, 24.03 feet; thence N 89-32-10 E, 15.35 feet; thence N 75-26-28 E, 19.39 feet; thence S 67-03-24 E, 12.26 feet; thence S 03-17-44 W, 24.71 feet; thence S 50-21-14 E, 24.10 feet; thence S 34-29-06 E, 19.98 feet; thence S 57-08-45 E, 18.29 feet to a point in the center of said hollow, a center to Elmer Croley (Deed Book 246, Page 519); thence running with the line of said Croley and continuing down the center of said hollow as it meanders S 15-07-32 W, 16.31 feet; thence S 10-30-16 W, 16.56 feet to a rod and cap in the center of said hollow at the end of a fence; thence leaving said hollow and running with said fence S 05-01-07 W, 104.47 feet to an existing rod and cap stamped “COX 1971” (a corner of the parent tract) and also a corner to the aforementioned Joshua and Samuel Woods tract; thence running with said Woods line S 40-39-38 W, 207.81 feet to a rod and cap; thence N 59-16-09 W, 258.46 to a 12” pine; thence N 32-55-28 E, 203.69 feet to a 10” sweet gum near a well house; thence N 46-25-09 E, at 101.39 feet crossing a rod and cap reference monument, in all, 111.39 feet to the Place of Beginning and containing two (2.00) acres, more of less.

There is also conveyed a permanent and perpetual 20.00 foot wide access easement for ingress, egress and utilities, running from Woods Hollow Road to the above described parcel and being 10.00 feet on either side of the following described centerline:

Beginning at a point in the centerline of Woods Hollow from which a rod and cap, the beginning corner of the above described tract bears N 84-32-15 W, 23.78 feet; thence running with said centerline N 37-46-45 E, 39.10 feet to a point in the southerly right-of-way line of Woods Creek Road (10.00 feet from the centerline of same), the ending point of said easement.

Being the same property conveyed to Joshua Woods and Samantha Woods by Deed dated March 8, 2004 of record in Deed Book 450, Page 740 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 twenty percent (20%) 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, 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 24th day of February, 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

RE-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, March 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 Pur

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 24th day of February, 2015.              

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

PUBLIC NOTICE

The meeting times for the Budget Committee is changed to the following starting in the month of March, 2015 the committee will meet on the second Wednesday of each month beginning at 4:00 PM.