Legal Notices for 2/6/13, page 3

 

 parcel, thence severing the land of said Mays with all now line and running parallel to the centerline of said easement road N 26-38-11 E, 150.65 feet to a 1/2” steel rod, thence leaving said easement road and continuing S 63-21-51 E, 150.00 feet to a 1/2” steel rod, thence S 26-38-08 W, 150.65 to a 1/2” steel rod, thence N 63-21-42 W, 150.01 feet to the place of Beginning and containing Fifty-two Hundreds (0.52) acres more or less.

There is also, a permanent and non-exclusive access easement to the above described parcel of land, for the purpose of ingress and egress described as follows:

Beginning at a 1/2” steel rod the Beginning corner of the above described parcel of land, thence running with said easement S 26-48-34 W, 702.10 feet to a 1/2” steel rod set 16 feet Northeast of the centerline of Kentucky State Highway 3422 (Becks Creek road) thence running parallel to the centerline of said road N 68-06-50 W, 20.26 feet to a 1/2” steel rod, thence leaving said Kentucky State Highway 3422 and running N 26-48-34 E, at 195.92 feet crossing a 1/2” steel rod, in all 702.10 feet to a point, thence N 26-38-11 E, 152.33 feet to a point, thence S 63-21-51 E, 20.19 feet to a 1/2” steel rod, the 2nd corner to the above described parcel of land, thence running with said above described parcel of land S 26-38-11 W, 150.65 feet to the Beginning, with all bearing referred to the 1993 magnetic meridian, and all abovementioned 1/2” steel rods having plastic caps stamped RSP, 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on April 28, 1894.

Included is a 1995 28×64 Doublewide Mobile Home, VIN #FK46583

Being the same property conveyed to Floyd A. Holmes and wife, Teresa R. Holmes who acquired title, with rights of survivorship, by virtue of a deed from Shelby Mays and wife, Brenda Mays, dated May 20, 1994, filed May 20, 1994, recorded in  Deed Book 371, Page 422,  County Clerk’s Office, Whitley County, Kentucky.

Address: 200 Shelby Street, Williamsburg, Kentucky 40769.

Parcel Number: 093-00-00-027.02.

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 (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, they may take a credit upon its 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 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 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 29th day of January, 2013.

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. 12-CI-00425

JOAN ANGEL and her husband, EDWARD ANGEL, PLAINTIFF, VS. JOY BROCK and her husband, ROBERT BROCK; SANDRA KAY PREWITT, single; and VINLAND ENERGY, LLC, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on December 3, 2012, and a subsequent Order entered December 4, 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, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Plaintiff, Joan Angel, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Edward Angle, has a spousal dower interest in said real property.

That Joy Brock, is adjudged to have a one-third (1/3) undivided interest in the below described real property.  Her husband, Robert Brock, has a spousal dower interest in said real property.

That Sandra Kay Prewitt, single, is adjudged to have a one-third (1/3) undivided interest in the below described real property.

That the Defendant, Vinland Energy, LLC, assignee from Huntington Energy Corporation, has a Right-of-Way Easement across the subject real estate dated May 23, 1990, which Right-Of-Way easement shall be recognized and shall have its due priority in regards to any sell of the property and any purchaser of the real estate shall be subordinate to the Right-Of-Way Easement.

PROPERTY ADDRESS:   175 Incline Road, Corbin, KY 40701

TRACT I:

BEGINNING on a black gum and maple, a corner in S. R. Lawson land; thence with said Lawson’s line near a south course to a dogwood; thence S. 67 W. with Ab Trivillian’s line to four dogwoods and a pine; thence S. 5 ½ W. 82 poles to a pine in the South line of the H. B. Barton land; thence N. 77 E with said line 74 poles to a pine and black oak; thence N. 62 E 34 poles to the BEGINNING.

There is excepted out of the above boundary about 5 A. more or less to Earl Mobley, and also a tract to Ollie Mobley about 2 A. more or less.

There is excepted from the above description that certain tract conveyed to Buford Watson and wife, Jennifer Watson, by Deed dated December 22, 1977, recorded in Deed Book 272, page 333 of the Whitley County Court Clerk’s Office.

AND:

TRACT II:

BEGINNING at a gate on public road; thence with said road a S.W. course 500 ft. to a stone in edge of said road; thence a southern direction 105 ft. to a stone; thence a N.E. direction 500 ft. to a stone; thence a Northern course 105 ft. to the BEGINNING.

The above two (2) tracts being re-surveyed by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581 as follows:

DEED DESCRIPTION 26.668 ACRES

A certain tract or parcel of real property lying and being in the County of Whitley, Commonwealth of Kentucky, (Vox Quadrangle), located on the waters of a small unnamed branch of Park’s Branch, all tributaries of Laurel River Lake, 0.20 mile southwest from the approximate intersection of State Route #1259 and Incline Road, CR #1076, at a scaled geodetic coordinate of 36 Degrees 56 Minutes 49 Seconds North Latitude and 84 Degrees 08 Minutes 52 Seconds West Longitude, being Property Valuation Parcel #101-00-00-049.00 and more particularly described as follows:

All bearings are referenced from adjoiner Deed Book 389, Page 333 (reference bearing SOUTH 00 DEGREES 22 MINUTES 44 SECONDS WEST), all ½ inch X 18 inch iron pins set this survey are with an aluminum cap stamped Ky Surveys PLS#2581 and all tree corners are marked with orange paint.  All distances are expressed in feet.  This property tract is subject to all easements, rights-of-way, covenants and restrictions of record and in existence.  This property boundary survey was completed without a legal title abstract being performed.

BEGINNING at a fourteen (14) inch sourwood (found-record), located approximately 1,485 feet southeast from the centerline of Incline Road, CR #1076, referenced by an iron pin (set), bearing SOUTH 53 DEGREES 48 MINUTES 24 SECONDS WEST 1.18 FEET; Said sourwood also being a property boundary corner of Dennis and Debbie Hart (Deed Book 487, Page 549 – now or formerly) and William and Ann Hacker (Deed Book 425, Page 072 – now or formerly);

Thence, leaving the Hart property boundary corner and with the Hacker property boundary line, the following bearings and distances:

NORTH 37 DEGREES 14 MINUTES 59 SECONDS WEST 487.01 FEET to a thirty-four (34) inch black oak (found-newly established), referenced by an iron pin (set), bearing NORTH 34 DEGREES 37 MINUTES 01 SECONDS WEST 2.66 FEET; NORTH 26 DEGREES 18 MINUTES 47 SECONDS WEST 209.58 FEET, crossing a 100.00 feet wide Transmission Line Easement conveyed to East Kentucky Power Cooperative, Inc. (Miscellaneous Book 035, Page 087 – now or formerly) to a ten (10) inch white oak (found – newly established), referenced by an iron pin (set), bearing SOUTH 26 DEGREES 18 MINUTES 47 SECONDS EAST 2.00 FEET;

Thence, continuing with the Hacker property boundary line and in part with the property boundary lines of Carl Barton (Deed Book 271, Page 012 – now or formerly) and Charles Barton (Deed Book 281, Page 141 – now or formerly) the following bearings and distances:

NORTH 18 DEGREES 42 MINUTES 03 SECONDS WEST 489.63 FEET to a twenty-eight (28) inch white oak (found-newly established), referenced by an iron pin (set), bearing NORTH 16 DEGREES 45 MINUTES 21 SECONDS WEST 2.00 FEET;

NORTH 16 DEGREES 45 MINUTES 21 SECONDS WEST 303.77 FEET to an iron pin (set), located fifteen (15.0) feet south from the approximate centerline of Incline Road, CR #1076 (no record right-of-way found), referenced by a one (1) inch metal pipe (found), bearing SOUTH 16 DEGREES 45 MINUTES 21 SECONDS EAST 3.44 FEET;

Thence leaving the Charles Barton property boundary corner and meandering fifteen (15.0) feet south from the approximate centerline of Incline Road, the following bearings and distances:

SOUTH 75 DEGREES 43 MINUTES 07 SECONDS WEST 68.04 FEET; SOUTH 73 DEGREES 10 MINUTES 22 SECONDS WEST 98.98 FEET; SOUTH 72 DEGREES 43 MINUTES 47 SECONDS WEST 100.69 FEET; SOUTH 73 DEGREES 00 MINUTES 20 SECONDS WEST 122.64 FEET; SOUTH 71 DEGREES 17 MINUTES 15 SECONDS WEST 85.52 FEET; SOUTH 66 DEGREES 19 MINUTES 57 SECONDS WEST 151.25 FEET to an iron rebar with plastic cap stamped #1960 (found), located fifteen (15.0) feet south from the approximate centerline of Incline Road; Said iron rebar also being a property boundary corner of Don Moberly (Deed Book 389, Page 333 – now or formerly);

Thence, leaving Incline Road and with the Moberly property boundary line, the following bearings and distances;

SOUTH 00 DEGREES 22 MINUTES 44 SECONDS WEST 99.89 FEET to an iron rebar with plastic cap stamped #1960 (found – record);

NORTH 66 DEGREES 06 MINUTES 16 SECONDS EAST 106.37 FEET to an iron rebar with plastic cap stamped #1960 (found – record), located at the base of a metal “T” post (found); SOUTH 01 DEGREES 20 MINUTES 30 SECONDS WEST 350.14 FEET to an iron pin (set); SOUTH 42 DEGREES 38 MINUTES 54 SECONDS WEST 230.00 FEET to a car axle (set), located in a maple stump hole (found – record); Said car axle also being a property boundary corner of William and Justine Craft (Deed Book 388, Page 600 – now or formerly);

Thence, leaving the Moberly property boundary corner and with the Craft property boundary line, SOUTH 76 DEGREES 20 MINUTES 08 SECONDS WEST 205.23 FEET to a twenty-four (24) inch white oak (found-record), referenced by an iron pin (set), bearing SOUTH 29 DEGREES 38 MINUTES 37 SECONDS EAST 1.39 FEET; Said white oak also being a property boundary corner of Cathy Curtis (Deed Book 388, Page 571 – now or formerly);

Thence, leaving the Craft property boundary corner and with the Curtis property boundary line, SOUTH 09 DEGREES 01 MINUTES 08 SECONDS WEST 309.75 FEET to a three-fourths (3/4) inch metal pipe (found); Said metal pipe also being a property boundary corner of Marvin and Joyce Hubbard (Deed Book 345, Page 479 – now or formerly);

Thence leaving the Curtis property boundary corner and with the Hubbard property boundary line, SOUTH 02 DEGREES 42 MINUTES 57 SECONDS WEST 35.87 FEET to a five-eights (5/8) inch iron pin with no identification cap (found), located in the approximate centerline of a small unnamed branch; Said iron pin also being a property boundary corner of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly);

Thence leaving the Hubbard property boundary corner and with the Watson property boundary lines, the following bearings and distances;

NORTH 73 DEGREES 31 MINUTES 23 SECONDS EAST 678.88 FEET to an iron pin (set), located on the north side of a twenty (20.0) feet right-of-way, located from the Buford and Jenniffer Watson property tract northwardly to Incline Road;

SOUTH 02 DEGREES 02 MINUTES 12 SECONDS EAST 51.65 FEET, crossing the southern end of the said right-of-way, to a crosstie fence post (found – record), referenced by an iron pin (set), bearing NORTH 01 DEGREES 18 MINUTES 11 SECONDS EAST 0.57 FEET; said crosstie post also being a property boundary corner of Buford and Jenniffer Watson (Deed Book 272, Page 333 – now or formerly);

Thence, with the Watson property boundary line, SOUTH 02 DEGREES 02 MINUTES 12 SECONDS EAST 512.60 FEET to an iron rebar with plastic cap stamped #3301 (found – record), located at the base of a crosstie fence post (found); Said iron rebar also being a property boundary corner of Dennis and Debbie Hart (Deed Book 487, Page 549 – now or formerly;

Thence, leaving the Watson property boundary corner and with the Hart property boundary line, the following bearings and distances:

NORTH 86 DEGREES 06 MINUTES 45 SECONDS EAST 470.16 FEET, crossing a one hundred (100.0) feet wide Transmission Line Easement conveyed to East Kentucky Power Cooperative, Inc. (Miscellaneous Book 035, Page 087 – now or formerly), to an iron rebar with plastic cap stamped #3301 (found – record), located at the base of a ten (10) inch white oak; NORTH 77 DEGREES 17 MINUTES 48 SECONDS EAST 187.80 FEET to an iron rebar with plastic cap stamped #3301 (found – record), located at the base of a twenty (20) inch black oak (found;

NORTH 67 DEGREES 20 MINUTES 46 SECONDS EAST 189.66 FEET to an iron rebar with plastic cap stamped #3301 (found – record);

NORTH 36 DEGREES 24 MINUTES 45 SECONDS EAST 75.20 FEET to the corner of the beginning containing 26.668 ACRES, more or less, as described by a property boundary survey completed April 11, 2011, by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581, being the same tract or real property conveyed by deed to Joan Angel, Joy Brock and Jeffery Prewitt from Earnie B. Prewitt and Edith Prewitt, husband and wife, duly recorded in Deed Book 379, Page 258, of record in the Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

There is herein RESERVED, a twenty (20.0) feet wide right-of-way, originally conveyed by deed to Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly), beginning at the east property boundary line of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly), northwardly through and upon the heretofore described 26.668 acre tract to the approximate centerline of Incline Road, CR #1076, being located ten (10.0) feet left and ten (10) feet right from the following described centerline:

BEGINNING at a right-of-way corner located at the intersection of the centerline of an existing twelve (12) feet wide gravel access road and the property boundary line of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly), referenced by an iron pin (set), bearing NORTH 02 DEGREES 02 MINUTES 12 SECONDS WEST 28.75 FEET and also referenced by a crosstie fence post (found), bearing SOUTH 02 DEGREES 02 MINUTES 12 SECONDS EAST 22.90 FEET; Said referenced iron pin being the northeast corner of Buford and Jenniffer Watson (Deed Book 378, Page 703 – now or formerly) and the reference crosstie post also being a property boundary corner of the heretofore described 26.668 acre tract;

Thence, leaving the Watson property boundary line, through and upon the heretofore described 26.667 acre tract with the existing gravel access road, the following bearings and distances:

NORTH 44 DEGREES 29 MINUTES 07 SECONDS EAST 154.86 FEET; NORTH 33 DEGREES 02 MINUTES 39 SECONDS EAST 46.45 FEET; NORTH 00 DEGREES 37 MINUTES 17 SECONDS EAST 51.12 FEET; NORTH 03 DEGREES 48 MINUTES 56 SECONDS WEST 168.69 FEET; NORTH 21 DEGREES 48 MINUTES 57 SECONDS WEST 64.61 FEET; NORTH 03 DEGREES 48 MINUTES 56 SECONDS WEST 54.75 FEET; NORTH 35 DEGREES 41 MINUTES 15 SECONDS EAST 61.46 FEET; NORTH 32 DEGREES 36 MINUTES 28 SECONDS EAST 67.00 FEET; NORTH 13 DEGREES 54 MINUTES 27 SECONDS EAST 134.10 FEET to a right-of-way corner, located in the approximate centerline of the existing gravel access road;

Thence, leaving the centerline of the existing gravel access road, NORTH 09 DEGREES 15 MINUTES 56 SECONDS WEST 270.22 FEET to a right-of-way corner located in the centerline of Incline Road, CR #1076, referenced by an iron pin (set), bearing NORTH 81 DEGREES 38 MINUTES 10 SECONDS WEST 103.63 FEET, being the END of the twenty (20) feet wide right-of-way centerline as described by a right-of-way survey completed April 8, 2011, by Kentucky Surveys, Inc., Charles J. Felts, Licensed Professional Surveyor #2581, being the same right-of-way originally conveyed by deed to Jenniffer Watson and her husband, Buford Watson from Earnie B. Prewitt and Edith Prewitt, husband and wife, duly recorded in Deed Book 378, Page 703, records of the Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

BEING THE SAME PROPERTY CONVEYED to Joan Angel, Joy Brock, and Jeffery Prewitt, by Deed of Conveyance dated May 30, 1995, from Earnie B. Prewitt and his wife, Edith Prewitt, and recorded in Deed Book 379, Page 258 of the Whitley County Clerk’s Office.

HUNTINGTON ENERGY CORPORATION RIGHT-OF-WAY EASEMENT:

There is a Right-of-Way Easement dated May 23, 1990, between Huntington Energy Corporation and Ernie and Edith Prewitt of Route 2, Box 151A, Corbin, Kentucky 40701, for a consideration of Two Thousand Dollars, ($2,000.00) which states as follows:

The purpose of this right of way is to connect the R.L. Owens well to the Molly Phelps well.  This right of way is to be fifteen feet (15’) in width and will contain a three inch (3”) plastic natural gas line and one metal drip.  Mr. Prewitt, at his discretion, may lay a water line in this ditch.  This easement will be in effect for as long as gas is transported through this line.  At any time this line is inactive for six consecutive months, it will revert to Mr. Prewitt.

Huntington Energy Corporation will provide two taps for Mr. Prewitt and J.R. and Jennnifer Watson of Route 2 Box 151D-1, Corbin, Kentucky 40701.  The above mentioned property owners will be responsible for all hookups, meters and connections.

Huntington Energy Corporation agrees to sell Mr. Prewitt and Mr. Watson natural gas, as long as it is available, for one-half the residential price per mcf for natural gas that Delta Natural Gas sells in Corbin. Any additional homes on to the Prewitt property can be tapped to one of the original taps.  If for some reason the R.L. Owens well is dry, the Prewitt’s and Watson’s may substitute the Owens gas by using the Molly Phelps gas.

This easement is for a pipeline and drip only and does not have provisions for any dehydrators, compressors or any other mechanical devices.

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%.  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 court costs and expenses of the sale and 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 Kentucky ad valorem taxes for the year 2012, and 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 29th day of January, 2013.

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. 12-CI-00622

JPMorgan Chase Bank, National Association, PLAINTIFF, VS. Herbert Waybe Shelton; and Sally June Shelton, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 17, 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, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Herbert Waybe Shelton and Sally June Shelton, plus costs is as follows:

(1) The principal sum in the amount of $78,493.26, plus interest on the principal sum at the rate of 5.5% per annum from April 1, 2012 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums 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.

Property Address: 7618 Cumberland Falls Highway, Corbin, KY 40701.

Parcel Number: 069-00-00-069.00

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

Being on a black pine sprout at the edge of the right of way of Cumberland Pike, about 35 feet N. E. of drain tile, under said pike; thence 16 poles with said pike a S.W. course to Bob Brown’s corner, a stone; thence with Bob Brown’s line about a West course 206 feet to stone at Bob Brown’s corner; thence with straight line about 22 poles the Beginning.

Being the same property conveyed to Herbert Wayne Shelton and Sally June Shelton, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Thomas Winder and Sandra Winder, husband and wife, dated September 23, 2009, filed October 6, 2009, recorded in Deed Book 492, Page 450,  County Clerk’s Office, 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 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, they may take a credit upon its 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 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 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 29th day of January, 2013.

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. 12-CI-508

L&N FEDERAL CREDIT UNION, PLAINTIFF, VS. LOIS A. CARR, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 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, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the Defendant, Lois A. Carr is as follows:

(1) The sum in the amount of $89,175.67, plus interest on the principal balance of $88,186.43 at the contract rate of 5.50% per annum from July 28, 2012 until paid, representing the amount due pursuant to the terms and conditions of said note #1.

(2) The Defendant is indebted for the principal, interest and late charges in the additional amount of $9,574.61, plus interest on the principal balance of $9,478.27 at the contract rate of 7.00% per annum from July 28, 2012 until paid, representing the amount due pursuant to the terms and conditions of said note #2; plus costs expended in the amount of $404.00, and attorney fees in the amount of $2,070.00.

Property Address is: 208 Old Hightop Road, Corbin, Whitley County, Kentucky, and more particularly described as follows:

Being Lot #C-1 in Woodlawn Estates of Corbin, Whitley County, Kentucky, a map or plat of which is recorded in Map Book #2, Page #4, Whitley County Court Clerk’s Office, to which reference is now made for complete description.

Also:  A portion of Lot #C-2 of Woodlawn Estates of Corbin, Whitley County, Kentucky and being more particularly described as follows:

BEGINNING at the southwest corner of Lot C-1 located on the east right of way of Catalina Drive; thence running with the south line of Lot C-1 100 feet to a point on the Daniel line; thence running with the Daniel line south 60 feet; thence leaving the Daniel line and running through Lot C-2 100 feet to the east right of way line of Catalina Drive; thence running north with Catalina Drive 60 feet to the point of beginning and containing approximately 0.14 acre more or less, by survey of Harold W. Gibson, Ky. RLS No. 2541.

BEING ALL THE SAME LAND acquired by Teddy W. Carr (deceased August 28, 2006) and Lois A. Carr, husband and wife, as joint tenants with rights of survivorship, by deed of conveyance from Brian K. Booth and Ramona J. Booth, husband and wife, dated November 8, 1996 and recorded in Deed Book 389, at page 259, in the office of the Whitley County Clerk at Williamsburg, 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 sixty (60) 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, they 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 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 29th day of January, 2013.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT

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