Legal Notices for 2/8/2012, page 1

 

 CITATION FOR FREEDOM FROM PARENTAL

CUSTODY AND CONTROL

CASE NUMBER: BN005633

(Abandonment) (Re: ADOPTION)

SUPERIOR COURT OF CALIFORNIA,

COUNTY OF Los Angeles

IN THE MATTER OF KATIE VALENTINE JENKINS, aka BABY SICKINGER, Minors.

A person(s) who should be declared free from the custody and control of his/her (their) parent, or parents.

TO: Paul Branam and to all persons claiming to be the father or mother of said minor person(s) above named.

By order of this Court you are hereby cited and (required to)(may) appear before the Judge Presiding in Department 421 of the above entitled court, located at Children’s Court 201 Centre Plaza Drive, Monterey Park, CA 91754 on February 27, 2012 at 9:00 a.m. of that day, then and there to show cause, if any you have, why said person should not be declared free from the control of his/her (their) parents according to the petition on file herein.

You are hereby notified of the provisions of Family code 7860 which provide the judge shall advise the minor and the parents, if present, of the right to have counsel present. The court may appoint counsel to represent the minor whether or not the minor is able to afford counsel, and if they are unable to afford counsel, shall appoint counsel to represent the parent.

The petition filed herein is for the purpose of freeing the subject child for placement for adoption.

Dated: 12/22/11

JOHN A. CLARKE, Executive Officer/Clerk

By: E. Tamanaha, Deputy

1/18/12, 1/25/12, 2/1/12, 2/8/12

 

NOTICE OF INTENTION TO MINE

Pursuant to Application No 918-5171, Renewal

In accordance with the provisions of KRS 350.055, notice is hereby given that Southfork Coal Co., 80 Terrace Drive, Bristol, VA. 24202, has applied for a renewal of an existing underground coal mining and reclamation operation located 2.8 miles east of Hollyhill in McCreary and Whitley Counties, Kentucky. The operation disturbs 0.0 acres and underlies 1358.5 acres for a total of 1358.5 acres within the permit boundary.

The operation is located approximately 1.5 miles west of the junction of Bucks Branch Road with Ryans Creek Road, and approximately 1.75 miles west of the confluence of Bucks branch and Jellico Creek. The latitude is 36 degrees, 39 minutes, and 32 seconds, and the longitude is 84 degrees, 17 minutes, and 37 seconds.

The operation is located on the Hollyhill USGS 7 1/2 Minute Quadrangle Map. The operation will underlie land owned by the U.S. Forest Service.

The application has been filed for public inspection at the Department of Surface Mining, Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40906. Written comments, objections or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, KY 40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 10-CI-00404

WELLS FARGO BANK, N.A., PLAINTIFF, VS. TIMOTHY J. LEWIS; MORGAN N. LEWIS; JAMOS FUND 1, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on November 14, 2011, and a subsequent Order entered December 12, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Timothy J. Lewis and Morgan N. Lewis, plus costs, is as follows:

(1) As of June 28, 2010, the principal sum of $77,131.51, plus interest from 10/01/09 in the amount of $3,158.11; advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $0.00, late charges in the amount of $0.00; Attorneys Fee (KRS 411.195) in the amount of $1,100.00; which total $81,389.62, together with interest at the rate of 5.5000% per annum ($11.62 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee, and for other fees expended for services performed.

Said property address is: 2690 Bacon Creek Road, Corbin, Kentucky 40701.

All that certain parcel of land in the County of Whitley, State of Kentucky, bounded and described as follows:

Beginning at a rebar in the Northeast R/W line of a County Road, said rebar being a corner to Otis Melton & Dorothy Melton, husband and wife; thence leaving the line of said Melton and with the Northeast R/W line of said road S 52-56-12 E 111.99 feet to a rebar in the Northeast R/W line of said road, said rebar being a corner to Billy W. Thomas & Elaine Thomas, husband and wife, thence leaving the Northeast R/W line of said road and with the line of said Thomas N. 37-47-11 E 166.96 feet to a rebar, said rebar being a corner to said Thomas; thence with the line of said Thomas N 72-33-00 W 139.50 feet to a rebar, a corner to said Thomas and also a corner to said Melton; thence leaving the line of said Thomas and with the line of said Melton S 28-51-43 W 121.36 feet to the beginning containing 0.41 acres.  All rebars referred to in the above description are ½” x 18” with a permamark cap stamped G.S. Brock L.S. 558.  The above tract of land is bounded on the North and East by Billy W. Thomas & Elaine Thomas, DB 312, Page 274, dtd. 12/21/1985 on the South by a Country Road, and on the West by Otis Melton & Dorothy Melton, DB 210, Page 175 &176 dtd. 3/1/1965.  All bearings are magnetic and the reference bearing was taken with a Sipe-Sumner Venier Compass There was no apparent local attraction.

Being the same property conveyed to Timothy J. Lewis and Morgan N. Lewis, husband and wife, from Jackie L. Roaden and Debra K. Roaden, husband and wife, and Gracie M. Roaden, single, by Deed dated September 12, 2002, and filed for record on September 14, 2002 in Deed Book 438, Page 222 in the Office of the Whitley County Court Clerk.

Property Address: 2690 Bacon Creek Road, Corbin, Kentucky 40701.

Tax ID: 103-00-00-089-00

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 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, and it shall be entitled to 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 entered.

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 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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. 10-CI-00509

FLAGSTAR BANK, FSB, PLAINTIFF, VS. ILEAN BRYANT; UNKNOWN SPOUSE OF ILEAN BRYANT;  LARRY C. MCKEEHAN; UNKNOWN SPOUSE OF LARRY C. MCKEEHAN; PORTFOLIO RECOVERY ASSOCIATES, LLC: AND COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on December 12, 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 Friday, February 17, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ilean Bryant and Larry C. McKeehan, plus costs, is as follows:

(1) The principal sum in the amount of $38,058.25, plus accrued interest thereon at the rate of 6.875% per annum from October 1, 2011, until the amount has been paid in full;

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property address is: 1403 Hightop Road, Corbin, Kentucky 40701.

BEING Lot 1 in Block 1 of the J.O. Turner Subdivision, at it appears of record in Map Book #2, at Page 43, Whitley County Court Clerk’s Office.

Being the same property conveyed to Michelle Ellison and her husband, Robert Ellison by deed dated February 25, 1982 and recorded February 27, 1982 in Deed Book 292, Page 637 in the office of the Clerk of the County of Whitley County, Kentucky.

Purported Address: 1403 Hightop Road, Corbin, Kentucky  40701

PIDN: 084-00-00-073.00

Being the same property conveyed to Larry McKeehan, an unmarried person and Ilean Bryant,  an unmarried person, as joint tenants with right of survivorship, as joint tenants with right of survivorship by deed dated 2-21-08 and recorded 3-31-08 in Deed Book 482, page 598 filed in the office of the Clerk of WHITLEY County, KY.

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, it shall be entitled to a credit of its judgment against the purchase, and shall only be required to pay the court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the Judgment, and take credit against their judgment, 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 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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. 10-CI-00891

U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2007EMX1,  PLAINTIFF, VS. PHILLIP LUKE; BETTY LUKE; HOMETOWN BANK OF CORBIN, INC.; BRAD LUKE; AND UNKNOWN SPOUSE (if any) OF BETTY LUKE;,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE  

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 19, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Summary Judgment against the Defendants, Phillip Luke and Betty Luke, and Default Judgment against the Defendants, Brad Luke and Unknown Spouse (if any) of Betty Luke, plus costs, is as follows:

(1) The principal sum in the amount of $276,287.79, plus interest on the principal sum at the rate of 4.75% per annum from June 1, 2010 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.

The property to be sold is as follows:

Property Address: 10 Sweet Briar Lane, Corbin, KY 40701

The following property is located in Whitley County, Kentucky;

Tract 1:

Beginning on a set ½” by 18” iron pin with cap; A&L 2788” in the West right of way of Collins Lane lying North 31 degrees 42’ 29” West 55.37 feet from the intersection of the center of Collins Lane and the north edge of Browning Road,

thence North 72 degrees 02’ 05” West 132.73 feet to a 36” white oak marked with three small blaze type hacks,

thence North 70 degrees 03’ 50” West 146.99 feet to a set ½” by 18” iron pin with cap;  A & L 2788”

thence North 10 degrees 50’ 24” East 1015.38 feet to a set ½” by 18” iron pin with cap; A&L 2788”

thence South 10 degrees 41’ 57” East 766.97 feet to a set ½ by 18” iron pin with cap: A&L 2788” in the West right of way of Collins Lane, thence with the West right of way of Collins Lane the following courses;

South 1 degree 45’ 25’ East 91.97 feet, South 13 degrees 30’ 27” West 19/16 feet to the beginning, containing 4.45 acres by survey conducted by David Altizer, P.L.S. #2788, from January 3, 2000 through November 21, 2000

Excepted out of the above property and not included on the mortgage is as follows:

Beginning at an iron pin and cap in the line of the grantor on the approximate wet side right of way of Collins Lane, 15’ feet from the centerline, also being N. 6 deg. 22’ 29” E, 364.50’ from the centerline of Collins Lane intersection with the north side of Browning Road;

thence leaving the right-of-way and with three lines severing a portion of the grantors tract,

(1) N. 78 deg. 20’ 16” W. 235.97’ to an iron pin and cap; thence,

(2) N. 10 deg. 50’ 24” E, 220.00’ to an iron pin and cap; thence,

(3) S. 81 deg. 03’ 30” E, 149.25’ to an iron pin and cap in the line of Frankie & Nancy Curry (DB. 328, Pg. 565);

thence with the Curry line, S. 10 deg. 41’ 57” E, 224.49’ to an iron pin and cap on the west side right-of-way of Collins Lane;

thence with the right-of-way, S. 1 deg. 45’ 25” E, 20.00’ to the point of beginning.

Containing 1.00 acre more or less, according to survey by Richard Frederick, LS NO. 3051 on September 26, 2006 and being a part of the same property conveyed to Betty Luke by deed from Lawrence Henderlight Estate, et. al. in Deed Book 430, at Pg. 73 in the Whitley County Clerk’s Office, Williamsburg, Kentucky.

Being part of the same property conveyed to Betty Luke, no marital status shown who acquired title by virtue of a deed from Alma Joyce Henderlight Burner, et al,  dated July 4, 2001, filed October 10, 2001, recorded in Deed Book 430, Page 73, County Clerk’s Office, Whitley County, Kentucky

Property Address: 10 Sweet Briar Lane, Corbin, KY 40701

Parcel Number:  Parcel No.  119-00-00-090.00

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

Commonly known as: 10 Sweet Briar Lane, Corbin, KY 40701

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 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 30th day of January 2012.

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. II

CIVIL ACTION NO. 11-CI-00597

LIBERTY SAVINGS BANK, FSB, PLAINTIFF, VS. KIRK BODENWEISER; MELINDA BODENWEISER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on December 12, 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 February 17, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kirk Bodenweiser and Melinda Bodenweiser, plus costs, is as follows:

(1) As of September 30, 2011, the principal sum in the amount of $75,421.48, plus interest from 03/1/11 in the amount of $2,144.80, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $662.44, plus property inspection fees in the amount of $140.00, plus late charges in the amount of $162.66, plus attorney fees in the amount of $1,150.00, for a total in the amount of $79,681.38, together with interest at the rate of 4.8750 percent per annum from December 12, 2011 until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the mortgage instrument.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property address is: 312 Vandorn Street, Kentucky 40701.

BEGINNING at an iron pipe in the North line of Vandorn Street. Said iron pipe also being a southwest corner of property belonging to Edward Neal Mullins (Deed Book 268, Page 007); thence leaving the lines of Edward Neal Mullins, S. 79 degrees 00 minutes 00 seconds W., with the North line of Vandorn Street, 75.00 feet to an iron pipe. Said iron pipe also being a southeast corner of Gary Campbell (Deed Book 331, Page 220); thence leaving the North line of Vandorn Street N 11 degrees 00 minutes 00 seconds W., with an East line of Gary Campbell, 122.00 feet to an iron pipe in the South line of Ninth Street; thence leaving the lines of Gary Campbell, N. 79 degrees 00 minutes 00 seconds E., with the South line of Ninth Street, 75.00 feet to an iron pipe. Said iron pipe also being a Northeast corner of Edward Neal Mullins; thence leaving the South line of Ninth Street S. 11 degrees 00 minutes 00 seconds E., with the West line of Edward Neal Mullins, 122.00 feet to the BEGINNING CORNER, containing 0.2101 acres.

Being the same property conveyed to Melina Bodenweiser and husband Kirk Bodenwesier by Deed of Conveyance dated December 11, 2007 and recorded in Deed Book 480, Page 779 on December 14, 2007.

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 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, it shall be entitled to a credit of its judgment against the purchase, and shall only be required to pay the court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the Judgment, 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 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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-00631

VANDERBILT MORTGAGE AND FINANCE, INC., ASSIGNEE OF CMH HOMES OF KENTUCKY, INC., LOT#61, PLAINTIFF, VS. LOLA C. McVEY; CORA PETREY McVEY; UNKNOWN SPOUSE OF CORA PETREY McVEY; JOE W. PETREY; JEAN PETREY 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 12, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Lola C. McVey, plus costs, is as follows:

(1) The Defendant, Lola C. McVey, is indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., assignee of CMH Homes of Kentucky, Inc., Lot #61 (“Vanderbilt Mortgage and Finance, Inc.”) in the sum of $47,961.41, with interest thereon at the contract rate of 8.9% per annum from June 16, 2011 until December 12, 2011, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action:

(2) There is a 2002 Clayton Mobile Home, Serial No. CAP013111TNAB currently situated on the real property and shall be included with the real property.

Said property address is: 145 Ronnie Petrey Road, Williamsburg, Kentucky 40769.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a stake, a corner to Ronnie Elmer and Cora of the Petrey family; thence with Elmer Petrey’s line North 420 feet to a stake; thence West 85 feet to a stake; thence South 433 ft. to a stake; thence SW 90 ft. to a stake, a corner of Darrell Petrey Cora and Ronnie Petrey road; thence with said road East 200 feet to the point of beginning.

Deed to Cora Petrey McVey, dated 4-29-99, executed by Joe W. Petrey, and wife, Jean Petrey, through her power of attorney, as recorded in DB 408, Page 381 of record 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. Included in the sale is a mobile home currently situated on the real property described as a 2002 Clayton Mobile Home, Serial No. CAP013111TNAB.

3. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (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, it shall be entitled to 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 entered, and no payment shall be required and no bond shall be executed by them.

4. 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.

5. 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.

6. 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.

7. 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.

8. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

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. I

CIVIL ACTION NO. 10-CI-00297

THOMAS WADE LAWLESS, PLAINTIFF, VS. KYLE DOUGLAS LAWLESS, EXECUTOR OF THE ESTATE OF KENNETH SHANE LAWLESS; KLYE DOUGLAS LAWLESS, INDIVIDUALLY; HOMETOWN BANK OF CORBIN, INC.;  JAMES KENNETH LAWLESS; and SHARON LAWLESS, DEFENDANTS,

AND              

DARRELL L. SAUNDERS; and LAWYERS MUTUAL INSURANCE COMPANY OF KENTUCKY, INTERVENING PLAINTIFFS,

VS.

KYLE DOUGLAS LAWLESS, EXECUTOR OF THE ESTATE OF KENNETH SHANE LAWLESS; and JAMES LAWLESS; and SHARON LAWLESS, INTERVENING DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 5, 2011, and subsequent Orders entered August 1, 2011, August 9, 2011, August 10, 2011, and December 5, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

Defendants, Hometown Bank of Corbin, Inc., received an In-Rem Summary Judgment against the Plaintiff, Thomas Wade Lawless, and the Defendants, James Kenneth Lawless and Sharon Lawless, and Summary Judgment against the Defendant, Kyle Douglas, Executor of the Estate of Kenneth Shane Lawless, and Kyle Douglas Lawless, individually, plus attorney fees and costs, is as follows:

1. The principal sum in the amount of $116,399.86, plus interest at the rate of $21.921 per diem from June 15, 2011, until paid in full, plus and all attorney fees and costs herein expended.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  2652 Hightop Road, Corbin, KY 40701.

BEGINNING at a point on the Hightop Road a corner of James Noble; thence with Hightop Road S 03 deg. 39’ W 396.82 feet to the line of Ozene McKeehan; thence with Ozene McKeehan line S 87 deg. 31’ E 223 feet; thence severing the James Kenneth Lawless and Sharon D. Lawless parent tract N 13 deg. 25’ E 466.78 feet to James Noble line; thence with James Noble line S 81 deg. 04’ W 310 feet to the point of beginning.

Being the same land acquired by Kenneth Shane Lawless by deed from James K. Lawless and wife, Sharon D. Lawless, dated May 25, 2001 and recorded in Deed Book 427, Page 28, Whitley County Clerk’s Office. For further source of title, see the Deed of Correction of record in Deed Book 427, Page 195.

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 30th day of January 2012.

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. 10-CI-01043

TAX EASE INVESTMENTS 1, LLC., PLAINTIFF,  VS. ASCENCIO’S GROUP, INC.; PEPSI-COLA BOTTLING CO. of CORBIN, KENTUCKY, INC.; SECURED CAPITAL INVESTMENTS, LLC; CITY OF CORBIN, KENTUCKY; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE 

Pursuant to a Judgment and Order of Sale entered on behalf of the Defendant, City of Corbin, Kentucky, entered by the Whitley Circuit Court on December 5, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ascencio’s Group, Inc., for delinquent taxes owed to the Defendant, City of Corbin, Kentucky, as follows: Tax bills for the years 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, and 2003, as set forth in its Counterclaim and Crossclaim:

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address:  414 3rd Street, Corbin, KY 40701.

Beginning at a stake at the south side of Third Street, Nannie Rains’ corner; thence northward with her line (at one time the Charlie Kidd line) 202 feet to said Rains’ N.W. corner; thence westward with Mrs. Cochran’s line and Lambert’s line and with fence 67 feet to the fence at S.T. Wygal’s N.E. corner; thence southward with Wygal’s line and the Wells line about 104 feet to said Well’s S.E. corner; thence eastward and wife fence about 11 feet to a stone at a point 54 feet west of the said Rains’ line; thence southward and parallel to said Rains’ line about 100 feet to the south side Street; thence with south side of Third Street 54 feet to the beginning.

Being the same property acquired by Ascencio’s Group, Inc., from Daisy Y. Baker, et al, by dated May 18, 2001, and of record in Deed Book 426, Page 697, 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 30th day of January 2012.

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. II

CIVIL ACTION NO. 11-CI-00090

WHITAKER BANK, INC.,  PLAINTIFF, VS. MICHAEL ANDERSON; PEGGY ANDERSON; And WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on November 10, 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 Friday, February 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michael Anderson and Peggy Anderson, plus costs, is as follows:

(1) The principal sum of $36,401.46, plus 9.25% interest as of October 17, 2011 and until date of judgment;

(2) Interest at a rate of 12% per annum from date of judgment and continuing until the debt is satisfied;

(3) Reasonable attorney fees in the amount of $750.00; and its other costs and fees in this action.

Said property address is: 90 Collins Lane, Corbin, Kentucky 40701.

BEING LOT NO. 11 in the Western Hills Subdivision to the City of Corbin, Whitley County, Kentucky, a map or plat of which duly appears of record in Map Book 3, Page 5, Whitley County Court Clerk’s Office, to which map or plat reference is hereby made for a  more complete and full description.

BEING ALL OF THE SAME PROPERTY conveyed to MICHAEL L. ANDERSON AND PEGGY ANDERSON, married by Joby Thomas and Betty Thomas, married, dated November 13, 1995, and of record in Deed Book 382, Page 207 of the Whitley County Clerk’s Office, 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 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, and if the Plaintiff’s bid is less than its lien adjudged herein, Plaintiff shall be entitled to 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 entered.

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 30th day of January 2012.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616;

FACSIMILE: (606) 528-0709

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts increasing/decreasing from the General, Road, Jail and Ambulance and 911 funds, in the amount of $ 195,783.00 and increasing/decreasing expenditures in the General, Road, Jail and Ambulance and 911 funds in the amount of $195,783.00 will be held on 02/21/12 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting.  A copy of the proposed Ordinance with full text 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

Second Reading of a proposed Ordinance relating to the Prohibition of Possession or Selling of Synthetic Marijuana will be held on 2/16/12 at 10:00 AM in the Whitley County Fiscal Court Room during a Special Called Meeting.  A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

PAT WHITE, JR., COUNTY JUDGE EXECUTIVE

 

NOTICE:

Lois Cross, 976 Hwy. 90, Corbin, KY 40701 and William Richmond, 76066 Atkins Road, Rainer, OR 97048 have been appointed co-executors, January 9, 2012 over the estate of Alfred Richmond, deceased.

Allison Dunn, 3233 Holly Mill Run, Marietta, GA 30062 was appointed Administratrix January 17, 2012 over the estate of Linda Baldwin, deceased.

Colleen Bowen, 629 Airport Rd., Williamsburg, KY 40769 was appointed Executrix January 17, 2012 over the estate of Edythe Bowen, deceased.

Jeff Gray, PO Box 2146, Williamsburg, KY 40769 was appointed Executor January 23, 2012 over the estate of Jessie Gray, 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 31st day of January, 2012.

GARY W. BARTON

WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY 40769

 

NOTICE:

Final settlement has been filed in the estate of Timothy Jeffries, deceased, by Deborah Nicholson, Executrix. A final hearing will be held on March 3, 2012 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, KY.

Exceptions, if any, must be filed prior to March 3, 2012. The Hearing will be held at 1:00 PM in the Whitley District Court, Williamsburg, KY.

Given under my hand this 31st day of January 2012.

GARY W. BARTON

WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY 40769

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following Appointments have been made:

Scottie Paul, PO Box 512, Woodbine, KY 40771, has been appointed Executor for the estate of Dollie Paul (deceased); Mary Scott, 305 Gordon St., Corbin, KY 40701 has been appointed Executrix for the estate of Jasper Scott (deceased), Thor H. Bahrman is attorney for said estate, PO Box 724, Corbin, KY 40702; Ruby Miracle, 230 Woodspoint, Corbin, KY 40701 has been appointed Executrix for the estate of Ray G. Miracle (deceased), Robert P. Hammons, PO Box 1388, Corbin, KY 40702, is attorney for said estate; Wilma Grosser, 1608 Roosevelt St., Corbin, KY 40701 has been appointed Executrix for the estate of Thomas Moore Jr. (deceased), Jeffery Tipton is attorney for said estate, PO Box 1284, Corbin, KY 40702; Brandon Sergent and Bobbie Jean Elkin have been appointed Co-administrators for the estate of Nancy Yvonne Sergent (deceased), Martha Copeland is attorney for said estate, PO Box 1580, Corbin, KY 40702.

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 31st day of January 2012.

GARY W. BARTON, CLERK

WHITLEY COUNTY DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769

 

NOTICE:

Eva Rice has filed the final settlement for the estate of David Colyer.

Exceptions, if any, must be filed prior to March 5, 2012.

The Hearing will be held at Whitley District Court, 805 South Main Street, Corbin, KY 40701.

Given under my hand this 31st day of January, 2012.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

NOTICE TO JAMES TUTTLE

To the above individuals, I have been appointed Warning Order Attorney to notify you of a Civil Action No. 11-CI-00565, JAMOS FUND I, LP, Whitley Circuit Court.

You have fifty days from January 30, 2012 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN KY 40702

 

SECTION 00010 – ADVERTISEMENT FOR BIDS

Sealed Bids for “Ball Park Pump Station/Sewer Replacement,” for the City of Williamsburg, Kentucky, will be received by the City Clerk at City Hall, 428 Main Street, Williamsburg, Kentucky 40769 on February 29, 2012, until 2:00 p.m. (local time), and then publicly opened and read aloud.

The scope of work includes replacement of sanitary sewer pumping station, gravity sewers and force main in Williamsburg, Kentucky.

The Instructions to Bidders, Bid Form, Agreement Forms, Performance and Payment Bonds, Plans, Specifications, and other associated documents may be examined at the following locations:

 

HDR Engineering, Inc.           

2517 Sir Barton Way           

Lexington, Kentucky 40509           

(859) 223-3755           

 

Builder’s Exchange of Kentucky, Inc.

2300 Meadow Drive, Suite 100

Louisville, Kentucky 40218-1372

(502) 459-9800

 

City of Williamsburg

Attn: City Clerk

423 Main Street

Williamsburg, Kentucky 40769

(606) 549-6033

 

Bidding Documents may also be viewed, but may not be printed, at the internet site www.qcrepro.com by entering the “Public Plan Room” for public projects.

Plans, Specifications and Contract documents shall be obtained from the issuing office, ARC Central at 2456 Fortune Drive, Suite 120, Lexington, Kentucky 40509, phone number (859) 699-5105, website www.qcrepro.com, upon payment of a nonrefundable price of $140.00 for each set (including shipping and handling).

Copies of reports of explorations and tests of subsurface conditions at or contiguous to the Site that the ENGINEER has reviewed or used in preparing the Contract Documents can also be purchased from the issuing office, ARC Central at 2456 Fortune Drive, Suite 120, Lexington, Kentucky 40509, phone number (859) 699-5105, website www.qcrepro.com, upon payment of a non-refundable price of $20.00 for each copy (including shipping and handling). These reports are not a part of the Contract Documents, and are made available to BIDDER solely for BIDDER’S review. Statements of limitation concerning the information in these reports and tests are contained in the Contract Documents,

The OWNER reserves the right to waive any informalities or to reject any or all bids.

Each BIDDER must deposit with his Bid, security in the amount, form and subject to the conditions provided in the Instructions to Bidders.

No BIDDER may withdraw his Bid within ninety (90) consecutive calendar days after the actual date of the opening thereof.

This procurement will be subject to DOW Procurement Guidance including the Davis Bacon Act.

BIDDERS must comply with Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act, and the Contract Work Hours Standard Act and 40 CFR 31.36 L(3, 4 & 6).

BIDDERS must comply with the President’s Executive Order No. 11246 as amended, which prohibits discrimination in employment regarding race, creed, color, sex or national origin.

The Contractor/Subcontractor must comply with 41 CFR 60-4, in regard to affirmative action, to insure equal opportunity to females and minorities and will apply the time tables and goal set forth in 41 CFR 60-4 if applicable to the area of the project.

BIDDER must make positive efforts to use small, minority, women owned and disadvantaged businesses.

If the Contract is to be awarded, Owner will award Contract to the lowest responsive, responsible BIDDER.

A non-mandatory pre-Bid conference will be held at 10:00 a.m. local time on February 15, 2012 at Williamsburg City Hall, 423 Main Street, Williamsburg, Kentucky 40769.

The Honorable Roddy Harrison, Mayor