Legal Notices for 2/29/2012, page 3

 

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 09-CI-00822

HSBC BANK USA, NATIONAL ASSOCATION AS TRUSTEE FOR THE HOLDERS OF DEUTSCHE ALT-A SECURITIES, INC.  MORTGAGE LOAN TRUST, SERIES 2003-4XS MORTGAGE PASS-THROUGH CERTIFICATES, PLAINTIFF, VS. FIRST STATE FINANCIAL, INC.; WILLIAM WALIGORSKI,        DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE  

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 30, 2012, and a subsequent Order entered January 9, 2012, 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 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, William Waligorski, plus costs, is as follows:

(1) The principal sum in the amount of $178,582.73, plus interest from 06/1/09 in the amount of $7,299.28, plus late charges in the amount of $140.42, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,465.34, plus attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $188,587.77.

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

A certain tract of land being near the community of Gausdale and on the waters of Meadow Creek in Whitley County, Kentucky, and being more particularly described as follows:

Unless stated otherwise, any monument referred to herein as an “iron pin and cap” is a set 1/2” iron rebar pin, 24” in length, with a yellow plastic cap stamped “RMF 3051”.  All bearings herein referred to the magnetic north meridian as observed March 18, 2003.

Beginning at an iron pin and cap on the north side right-of-way of KY. 1530, 20’ feet from the centerline, also being S 56 deg. 22’ 56” W, 51.55’ from the north end of a concrete headwall for KY. 1530, and being S 30 deg. 01’ 09” W, 1032.05’ from north line of the grantors tract; thence with the road right-of-way, S 48 deg. 02’01” W, 325.91’ to an iron pin and cap in a wire fence; thence leaving the right-of-way and up the hill with a wire fence bisecting a portion of the grantors tract, the following three calls (1) N 38 deg. 51’ 59” W 233.88’ to a metal post; thence,  (2) N 42 deg. 41’ 04” W, 70.98’ to an iron pin and cap; thence, (3) N 60 deg. 08’ 28” W, 105.20’ to a metal post; thence leaving the fence and around the hill, the following six calls, (1) N 0 deg. 49’ 04” W, 311.14’ to an iron pin and cap; thence, (2) N 48 deg. 36’ 44” E, 182.19’ to an iron pin and cap; thence down the hill, (3) S 48 deg. 52’53” E, 201.76’ to an iron pin and cap; thence, (4) S 46 deg. 31’ 16” E, 325.85’ to a metal post; thence, (5) S 19 deg. 23’ 36” E, 51.92’ to a metal post; thence, (6) S 5 deg. 44’ 11” W, 94.89’ to the point of the beginning.  Containing 5.25 acres more or less, according to a survey by Richard Frederick, PLS #3051 on March 18, 2003. 

Being the same property conveyed to William E. Waligorsky Jr., Jeremy L. Waligorsky, and William E. Waligorski, Sr., from William Waligorsky and his wife, Lola Waligorsky, by Deed dated February 16, 2007 and recorded in Deed Book 475, Page 467 in the Office of the Whitley County Court Clerk.

Said property address is:  335 Owens Road, Rockholds, Kentucky 40759.

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 with the balance in 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, they it shall be entitled to take a credit of 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. 

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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KENTUCKY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00275

BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF, VS. ARTIS R. KETRON, HTTA ARTIS KETRON; SUE A. KETRON, HTTA SUE KETRON; FARMER’S NATIONAL BANK, NKA COMMUNITY TRUST BANK, INC.; UNITED STATES OF AMERICA SMALL BUSINESS ADMINISTRATION; THE UNITED STATES OF AMERICA, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 23, 2012, 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 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the defendants, Artis R. Ketron, htta Artis Ketron, Sue A. Ketron, htta Sue Ketron, and Farmer’s National Bank, nka Community Trust Bank, Inc., jointly and severally, plus costs, is as follows:

(1) The principal sum in the amount of $38,695.37, plus accrued interest thereon at the current Note rate of 3.5% per annum starting from December 16, 2008, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney’s fees of at least $2,500.00.

(2) There is also included with the property a 1999 Belmont Summit Mobile Home VIN #MSB991680SN38165.

Property Address: 1011 Bee Creek Rd, Corbin, KY 40701

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

Beginning at a walnut tree and gravel Rd. running southwardly 250 feet with a wire cross fence to a cherry tree at edge of Beaver Creek; thence westwardly down edge of beaver creek 300 feet to a cement stone; thence northwardly running with a barb wire fence 50 feet to a cement stone; thence running eastwardly with a wire fence fence 230 feet to a gravel road and locust post.

This gravel road running through this property to Bee Creek Road must be left open and not be blocked at any time.

Being the same property conveyed to Artis Ketron and wife, Sue Ketron, by Deed dated March 29, 1994 and filed of record in Deed Book 370, Page 330, in the Office of the Whitley County 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 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.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative be the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by it.

3. 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00335

CENLAR, FSB, PLAINTIFF, VS. BILLY WALKER, AKA BILLY J. WALKER, AKA BILL WALKER; PNC BANK, NATIONAL ASSOCIATION; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 9, 2012, 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 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Default Judgment against the defendants, Billy Walker, aka Billy J. Walker, aka Bill Walker; PNC Bank, National Association; jointly and severally, plus costs, is as follows:

(1) The present principal sum in the amount of $125,947.60, plus accrued interest thereon at the current Note rate of 5.875% per annum starting from June 1, 2010, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney’s fees of at least $2,500.00.

Property Address: 1011 Corinth Cemetery Rd, Corbin, KY 40701

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

A certain tract or parcel of land located in Whitley County, Kentucky, being a part of the same property conveyed to Connie Walker, from Randall Lee Steely and Theresa Ann Steely, husband and wife, on the 28th day of June, 2000, and recorded in the office of the Whitley County Court Clerk in Deed Book 419 on Page 366, and more particularly described as follows:

Beginning on a 38” red oak, in the west right of way of Corinth Cemetery Road, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying N83°11’40”E 2.45 feet away, said red oak lying S04°49’50”E 257.21 feet from the centers of the intersection of Corinth Cemetery Road and Farmer Trail, thence with the right of way the following courses; S24°32’28”E 24.53 feet, S00°00’00”E 39.86 feet, S04°52’05”W 220.67 feet, S13°15’47”W 35.76 feet to a point in the intersection of the right of way and the center of the drain, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying S75°57’50”W 0.33 feet away, thence leaving the right of way and with the center of the drain the following courses; N54°55’26”W 17.31 feet, N 50°36’35”W 49.12 feet, N66°55’49”W 42.62 feet, N88°58’07”W 47.78 feet, N87°00’04”W 49.89 feet, N87°00’04”W 44.86 feet to a set  1/2” by 18” iron pin with cap: “A&L 3475”, thence leaving the drain N16°11’22”W 41.31 feet to a 17” hickory, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying N41°46’44”E 1.64 feet away, thence N11°25’13”W 68.28 feet to a 14” red oak, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying S 15°08’09”E 2.53 feet away, thence N05°00’15”W 32.44 feet to a 50” red oak, witnessed by a set 1/2” by 18” iron pin with cap: “A&L 3475” lying N69°45’50”E 2.52 feet away, said red oak being the northwest corner of the parent tract, thence N67°40’35”E 300.89 feet to the beginning, containing 1.32 acres by survey conducted by George A. Adams, P.L.S. 3475, from June 12, 2006 through July 20, 2006.

Being the same property conveyed to Bill Walker by deed dated August 22, 2006, recorded August 23, 2006, of record in Deed Book 471, Page 495 of record in the Office of the Clerk 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.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative be the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by it.

3. 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709