Legal Notices for 3/12/14, page 1

 

 NOTICE:

I, Robert Baker, will not be responsible for any other debts than my own.

 

NOTICE:

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

Patsy D. Burnett, 362 Cripple Creek Road, Williamsburg, KY 40769 was appointed executrix of the estate of Joseph Sanford Burnett, deceased, 362 Cripple Creek Road, Williamsburg, KY 40769; Martha Copeland, PO Box 1580, Corbin, KY 40702 was appointed executrix of the estate of Beverly Buchanan, deceased, of 904 Phillips Lane, Corbin, KY 40701; Mayme Sue Farris, 3506 Hwy 830, Gray, KY 40734 was appointed executrix of the estate of Naoma White Freeman, deceased, Hon. Elmer Cunnagin, Jr., PO Box 1070, London KY 40743 is the attorney for said estate; Sheryl Waller, 4416 Mansfield Estates Drive, Louisville, KY 40299 was appointed administratrix of the estate of Frances Mary Stuckey, deceased, of 270 Bacon Creek Road, Corbin, KY 40701, Lily Chan Patteson, 312 South Fourth Street, 6th Floor, Louisville, KY 40202 and Mary-Ann Smyth, PO Box 425, Corbin, KY 40702, attorneys for said estate; Bonnie Pfaff, 472 Barton Mill Road, Corbin, KY 40701 was appointed administratrix of the estate of Hartsell Pfaff, 472 Barton Mill Road, Corbin, KY 40701, deceased, Hon. Sandra J. Reeves, PO Box 1341, Corbin KY 40702 is the attorney for the estate; Judith Ann Evans, 501 W 4th Street, Corbin, KY 40701 was appointed executrix of the estate of Ruth Mullins, 501 W 4th Street, Corbin, KY 40701, deceased; Starlin Dixon, 150 Cobb Lane, Corbin, KY 40701 was appointed administrator of the estate of Patricia Tipton, 270 Bacon Creek Road, Corbin, KY 40701, deceased; Ida Melton, 220 Old Crab Orchard Road, Lon, KY 40742, was appointed executrix of the estate of Nona Leevey, 201 Bishop Street, Apt. 10, Corbin, KY 40701, deceased, Hon. Gary Hudson, 134 East Fifth Street, London KY 40741 is the attorney for the estate.

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 dates of appointment.

Given under my hand this 28th day of February, 2014.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY – WILLIAMSBURG, KY 40769

 

NOTICE:

Samuel J. Short has filed the final settlement for the estate of Loretta Combs Davis; Linda Scearse has filed the final settlement for the estate of James K. Scearse; Terry E. Forcht has filed the final settlement for the estate of Evelyn C. Forcht; Joel Barhill has filed the final settlement for the estate of Zora Whitaker.

Exceptions, if any, must be filed prior to April 7, 2014.

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

Given under my hand this 28th day of February, 2014.

GARY W. BARTON, WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

 

 

                     Date of Publication March 6, 2014

ADVERTISEMENT FOR PUBLIC NOTICE FOR ROAD WORK

Kentucky Highlands Investment Corporation (KHIC) and Southern Tier Housing Corporation (STHC) are seeking bids for road work for the Emlyn Phase II project. Whitley County received Community Development Block Grant project (CDBG) funds through the Kentucky Department for Local Government (DLG).

The firm will be responsible for building approximately 1,400 L F of road bed. The firm must provide certificates of insurance for Worker’s Compensation and General Liability as well as applying for licensing in Whitley County. Davis-Bacon wage rates apply.

Bid materials may be obtained from Darrell Kinnett at Southern Tier Housing dkinnett@southerntierhousing.org or 606-307-4753. Bids will be received until 12 p.m. EST Thursday, March 27, 2014. Darrell Kinnett will be out of the office from March 15-23, request for bid materials during this time period shall call 606-864-5175 ask for Leah Norvell, Genia Hoffman, Tom Manning-Beavin or Ken Stegman. Darrell Kinnett will return on March 24, 2014.

Attention is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract, Section 3, Segregated Facilities, Section 109, Title VI, and EO 11246 and other requirements. Minority, female and veteran-owned firms are encouraged to bid.

“EQUAL EMPLOYMENT OPPORTUNITY”

Kentucky Relay Service for the hearing

and speech impaired: 1-800-424-8802.

 

COMMONWEALTH OF KENTUCKY – 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00482

FIRST NATIONAL BANK & TRUST, PLAINTIFF, VS. ROGER DALE HOOVER a/k/a ROGER DALE HOOVER, JR., And wife, JENNIFER S. HOOVER; JANICE KILKER; UNKNOWN SPOUSE OF JANICE KILKER, if any; 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 February 3, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Roger Dale Hoover, his wife, Jennifer S. Hoover, Janice Kilker and Unknown Spouse of Janice Kilker, if any, plus costs, is as follows:

(1) (Against, Defendant, Roger Dale Hoover, on Promissory Note #21350) -The principal sum in the amount of $37,331.37 plus accrued interest of $4,856.29, insurance of $656.71 and payment of 2012 property taxes for a total balance due of $43,439.60 as of December 27, 2013, exclusive of attorney fees and costs, with interest continuing to accrue on the unpaid principal balance at the rate of 6.250% per annum or at a daily rate of $6.3924 until paid in full, plus its costs herein expended, including a reasonable attorney fee and for any other fees expended; and

(2) (Against, Defendant, Roger Dale Hoover, on Promissory Note #65730) -The principal sum in the amount of $6,489.28 plus accrued interest of $913.62 and late charges of $133.20 for a total balance of $7,536.10 as of December 27, 2013, exclusive of attorney fees and costs, with interest continuing to accrue on the unpaid principal balance at the rate of 6.500% per annum or at a daily rate of $1.1556 until paid in full, plus its costs herein expended, including a reasonable attorney fee and for any other fees expended; and

(3) (Against, Defendant, Roger Dale Hoover, on Promissory Note #77160) -The principal sum in the amount of $6,232.86 plus accrued interest of $937.43, late charges of $195.05 and release fee of $4.00 for a total balance due of $7,369.34 as of December 27, 2013, exclusive of attorney fees and costs, with interest continuing to accrue on the unpaid balance at the rate of 6.500% per annum or at a daily rate of $1.1556 until paid in full, plus its costs herein expended, including a reasonable attorney fee and for any other fees expended; and

(4) (Against, Defendant, Janice Kilker, on Promissory Note #30740) -The principal sum in the amount of $18,083.03 plus accrued interest of $829.93, late charges of $30.24,  insurance premiums of $68.27 and a release fee of $13.00 for a total balance due of $19,024.47 as of December 27, 2013, exclusive of attorney fees and costs, with interest continuing to accrue on the unpaid balance at the rate of 7.2500% per annum or at a daily rate of $3.5918 until paid in full, plus its costs herein expended, including a reasonable attorney fee and for any other fees expended.

The real properties, as separate tracts, but together with the mobile home located on each tract, shall be sold.

First property to be sold:

TRACT ONE (ROGER DALE & JENNIFER HOOVER TRACT):

Property located at 1176 Chestnut Road Corbin, Kentucky which is more particularly described as follows:

LYING AND BEING IN WHITLEY COUNTY, KENTUCKY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at a rebar, being the southeast corner of the tract now owned by Janice Kilker, said rebar is also located 147.20 feet southeast from a survey marker at the base of a very old cross-tie fence post, corner of the parent tract; thence with the east line of said Kilker North 40 degrees, 41 minutes, 00 seconds East 172.28 feet to a rebar; thence leaving the line of said Kilker, South 21 degrees 29 minutes 54 seconds East 153.70 feet to a rebar; thence South 40 degrees 41 minutes 00 seconds West 172.28 feet to a rebar on the northeast edge of Chestnut Road; thence with Chestnut Road 25 degrees 02 minutes 04 seconds West 46.12 feet, North 18 degrees 47 minutes 48 seconds West 72.88 feet and North 22 degrees 26 minutes 50 seconds West 37.88 feet to the beginning, containing 0.54 acres.

BEING ALL OF THE SAME PROPERTY Roger Dale Hoover, single, acquired from Laurel Land Corporation and Janice Kilker, a single person, by General Warranty Deed dated August 29, 2003 and recorded September 18, 2003 in DEED BOOK 446, PAGE 655 and which was subsequently conveyed from Roger Dale Hoover, Jr., and Jennifer S. Hoover, husband and wife, to Roger Dale Hoover and Jennifer S. Hoover, husband and wife, with right of survivorship by Survivorship Deed dated December 2, 2008 and recorded December 4, 2008 in DEED BOOK 487, PAGE 402, records of the Whitley County Clerk’s Office, Williamsburg, Kentucky.

The 2003 Champion Kenland Mobile Home (Serial Number 20902KN254757AB) is to be sold with it.

Second property to be sold:

TRACT TWO (JANICE KILKER PROPERTY)

Property located at 1180 Chestnut Road Corbin, Kentucky and which is more particularly described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and bounded and described as follows:

Beginning at a monument at the base of a cross-tie corner on the northeast side of Chestnut Road, said cross-tie being an original corner of the parent tract, THENCE with and near an existing fence line, NORTH 40 degrees, 41 minutes, 00 seconds EAST, 220.31 feet to a monument; THENCE leaving fence line SOUTH 34 degrees, 24 minutes, 02 seconds EAST, 148.93 feet to a monument, THENCE SOUTH 40 degrees 41 minutes, 00 seconds WEST, 206.70 feet to a monument on the northeast side of said road; THENCE with said road, the following calls: NORTH 24 degrees, 56 minutes, 47 seconds WEST, 45.58 feet; NORTH 33 degrees, 40 minutes, 23 seconds WEST, 37.42 feet; NORTH 47 degrees, 01 minutes, 10 seconds WEST, 39.36 feet; NORTH 61 degrees, 19 minutes, 02 seconds WEST, 27.64 feet to the beginning containing 0.6736 acres.

The above description is all of Lot #41 plus 0.1636 acres added to the northeast or back side for septic system as shown on the revised drawing dated September 16, 1999, and recorded in Map Book 4, Page 256, Cabinet #2, slide 404.

The seven page restrictions are also attached to said drawing and are made a part of this deed with the exception that one single wide mobile home is permitted on this lot.

Also included is a 1998 Clayton Mobile Home, SN CLA044334TN attached to the property by Affidavit of Conversion to Real Estate dated September 5, 2006 and filed of record on September 6, 2006 in Miscellaneous Book 142, Page 237, Whitley County Clerk’s Office.  

BEING ALL OF THE SAME PROPERTY Janice Kilker, single, acquired from Granville Brock and wife, Cecilia Brock, by Deed dated August 2, 2001 and recorded September 20, 2001 in DEED BOOK 429, PAGE 385, and Deed of Correction from Laurel Land Corporation, by and through its President, Granville S. Brock, to Janice Kilker, executed on September 8, 2006 and recorded September 18, 2006 in DEED BOOK 472, PAGE 152, all records of the Whitley County Clerk’s Office, Williamsburg, Kentucky.

TERMS OF SALE

1. The above properties shall be sold as separate tracts, but together with the mobile home located on each tract 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%) of the purchase price down with the balance in sixty (60) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and 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 25th day of February, 2014.            

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-00697

PHH Mortgage Corporation dba PHH Mortgage Services, Plaintiff, VS. Glenda J. Schiesz aka Glenda Schiesz; Byron L. Schiesz aka Byron Schiesz; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY-Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 15, 2013, and a subsequent Order entered February 17, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Glenda J. Schiesz aka Glenda Schiesz and Byron L. Schiesz aka Byron Schiesz, plus costs, is as follows:

(1) The principal sum in the amount of $86,395.92, plus interest from 05/1/12 in the amount of $4,594.61, plus advances for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,098.12, plus NSF in the amount of $25.00, plus property inspection fees in the amount of $90.00, plus late charges in the amount of $137.94, plus attorney fees in the amount of $1,450.00, for a total in the amount of $94,791.59, together with interest at the rate of 5.7500 percent per annum 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 all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address:  1211 Forest Circle Drive, Corbin, KY 40701

TRACT I:

Being Lot #3 in Forest Hills Subdivision, Corbin, Kentucky, and more particularly described as follows:

BEGINNING at an iron stake in the N.W. line of Forest Circle, thence N. 54 degrees 59’ W. 220.45; to an iron stake; thence N. 35 degrees 15’ E., 116.10’ to an iron stake; thence N. 55 degrees 02’ W. 200.32’ to an iron stake in said Forest Circle; thence along Forest Circle N. 25 degrees 40’ E. 119.98’ to the BEGINNING.

TRACT II:

The following is a description of a portion of Lot #4, consisting of 0.08 acres, of the Forest Hills Subdivision.  This tract is located on the north side of Forest Circle Drive and can be more specifically described as beginning at an existing one-half inch metal pipe common with the southwest corner of Lot #3 of the Forest Hills Subdivision, said pipe bears S 75 degrees 32 minutes 04 seconds W. 1.77 feet from a utility pole; thence running tangent with the north right of way of Forest Circle Drive S. 25 degrees 40 minutes 00 seconds W., 16.57 feet to a set iron pin survey marker, said marker bears N 25 degrees 40 minutes 00 seconds E., 103.42 feet from a disturbed one-half inch metal pipe witnessed by a utility pole and being common with the original southeast corner of Lot #5 of the Forest Hills Subdivision, currently owned by Rusty and Jana Cobb (DB 345, P 252); thence leaving the north right of way of Forest Circle Drive while running through Lot #4 N 61 degrees 16 minutes 08 seconds W. 79.43 feet to a set iron pin survey marker; thence continuing through Lot #4 N 45 degrees 07 minutes 15 seconds W. 146.35 feet to a one-half inch metal pipe located on the south line of the Glenn R. Freeman property and common with the northwest corner of Lot #3 and the northeast corner of Lot #4; thence leaving the south line of the Freeman property while running with the dividing line between Lots #3 and #4 S 54 degrees 58 minutes 44 seconds E. 220.47 feet to the point of beginning and containing 0.08 acres as surveyed and described by Harold W. Gibson, RLS #2541.

Note that all set iron pin survey markers consist of a 1 ¾ inch yellow survey cap, labeled Harold W. Gibson, RLS #2541 attached to a ½ inch diameter rebar that is 18 inches in length. Bearings shown in description reflect monuments found at the site and past recorded lot descriptions.

Being the same property conveyed to Byron L. Schlesz and Glenda J. Schiesz, husband and wife, by deed dated January 04, 2002, and recorded in Deed Book 432, Page 166 in the Office of the Whitley County Court 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 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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a 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 25th day of February, 2014.            

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. 11-CI-628

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF vs. DAVID ORICK; UNKNOWN SPOUSE OF DAVID ORICK; BETTY J. ORICK; UNKNOWN SPOUSE OF BETTY J. ORICK; WELLS FARGO BANK, NA; U.S. BANK, NATIONAL ASSOCIATION AS SUCCESSOR IN INTEREST TO WACHOVIA CUSTODIAN FOR SASS MUNI V DTR; JPH LIEN SERVICES, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF FINANCE AND ADMINISTRATION CABINET, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 6, 2014, and a subsequent Order entered January 23, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, David Orick and Betty J. Orick, plus costs, is as follows:

(1) The sum in the amount of $5,433.65 as of November 29, 2013, which constitutes principal in the amount of $1,162.29; interest in the amount of $743.68, which constitutes accrual at 12% twelve percent per annum, with monthly interest accruing at a rate of $11.62 per month until paid; administrative fees in the amount of $100.00 per certificate; pre-litigation attorney’s fees in the amount of $695.50; reasonable attorneys fees in the amount of $1,300.00; reimbursement for the cost of title search on the subject property in the amount of $300.00; PVA research in the amount of $100.00; and costs in the amount of $1,032.18.

PROPERTY ADDRESS:   1031 Foley Bend Road, Map ID 151, Williamsburg, KY 40769.

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

Beginning at an iron pin on north side of Mud Creek Rd. right of way and a corner of Robert Davis; thence leaving north side of Mud Creek Rd. with West side of a 12 foot right of way N 43 deg. 52 min. E 50.11 feet; thence N 55 deg. 58 min. E. 105.34 feet; thence N 11 deg. 21 min. E 36.06 to an iron pin; thence leaving right of way with a new line of Robert David S 83 deg. 33 min. W. 164.66 feet to an iron pin; thence with old line S 17 deg. 18 min. E 117.93 feet to point of beginning, containing .2494 acres more or less.

Legal on right of way (easement): Beginning at an iron pin on the north side of Mud Creek Rd. said pin being the southwest corner of said lot; thence leaving Mud Creek Rd. right of way with side of said right of way N 43 deg. 52 min. E 50.11 feet; thence N 55 deg. 30 min. E 105.24 feet; thence N 11 deg. 21 min. E 36.06 feet to an iron pin which is the northeast corner of said lot; thence N 83 deg. 30min. E 12.00 feet; thence S 11 deg. 15 min. W 46.00 feet; thence S 55 deg. 57 min. W 104.20 feet; thence S 43 deg. 52 min. W 41.00 feet to the north side of Mud Creek Rd. N 86 deg. 00 min. W. 16.00 feet to the point of beginning, containing .0529 acres more or less.

Being the same property conveyed to David Orick & Betty J. Orick, husband and wife, by Jim Walter Homes, Inc.  a corporation existing under the laws of the State of Florida, and Mid-State Trust II, a Delaware business trust acting by and through William J. Wade, not in his individual capacity but solely as trustee of Mid-State Trust II, by Deed dated September 4, 1996, recorded in Deed Book 389, Page 527, Whitley County Court 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.

On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, and no bond shall be executed by them and they shall be entitled to take credit against the purchase price to the full extent of their lien(s) and costs and expenses, including attorney’s fees awarded herein.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, the Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

2. 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 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 25th day of February, 2014.            

HOWARD O. MANN, MASTER COMMISSIONER – WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00644 and 13-CI-00661

HOMETOWN BRANCH BANKING AND TRUST COMPANY, PLAINTIFF, vs. UNKNOWN HEIRS, DEVISEES, AND PERSONAL REPRESENTATIVES OF THE ESTATE OF ARTHUR R. ADAMS, DECEASED, AND THEIR ASSIGNS; PAMELA MATTHEWS F/K/A PAMELA ADAMS MAGUET and spouse, LAYNE W. MATTHEWS; PHH MORTGAGE CORPORATION D/B/A PHH M0RTGAGE SERVICES; CITY OF CORBIN, KENTUCKY; and  WHITLEY COUNTY, KENTUCKY, DEFENDANTS,

AND

PHH MORTGAGE CORPORATION, PLAINTIFF, VS: PAMELA A. ADAMS AKA PAMELA A. MAGUET AKA PAMELA A. MATTHEWS AKA PAMELA AVERY MATTHEWS; UNKNOWN DEFENDANT SPOUSE OF PAMELA A. ADAMS AKA PAMELA A. MAGUET AKA PAMELA A. MATTHEWS AKA PAMELA AVERY MATTHEWS; UNKNOWN DEFENDANTS, WHO ARE THE HEIRS OR DEVISEES OR LEGATEES OF ARTHUR ADAMS & THEIR SPOUSES AND ANY UNKNOWN PERSON WHO MAY HAVE AN INTEREST IN THE PROPERTY WHICH IS THE SUBJECT MATTER OF THIS ACTION; HOMETOWN BANK OF CORBIN; LAYNE MATTHEWS; BLAIR PARK CONDOMINIUM ASSOCIATION, INC; and UNKNOWN DEFENDANT OCCUPANT, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 3, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants plus costs, is as follows:

(1) The sum on the amount of $79,724.89 plus interest at the rate of 3.250% per annum from April 5, 2013 to the judgment date, and interest at the rate of 12% per annum thereafter, plus all costs and attorney fees herein expended.

Property Address: 112 Blair Park, Corbin, KY 40701

Being Unit 102, Building 5, Phase 5, a condominium unit of the Blair Park Condominiums, a horizontal regime, together with the common elements thereto as set out in the Master Deed and Declaration of Horizontal Property Regime for Blair Park Condominiums, dated April 1, 2002, and of record in Deed Book 434, Page 8, and the Second Amended Master Deed and Declaration of Horizontal Property Regime for Blair Park Condominiums, Phase 4 and Phase 5, of record in Deed Book 445, Page 322, and as shown by plans of same recorded in Plat Cabinet 2, Slide 461, Whitley County Clerk’s Office.

Being the same land acquired by Arthur R. Adams from Anderson Development Group, Inc., by deed dated April 8, 2004, and of record in Deed Book 452, Page 5, 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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, 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.

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 of ownership.  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 25th day of February, 2014.            

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. 11-CI-00154

JIMMY VANCE, d/b/a VANBAR OUTDOOR ADVERTISING, PLAINTIFF, VS.

MOUNTAIN VIEW LODGE, LLC, WHITAKER BANK; AND COMMONWEALTH OF KENTUCKY, DEFENDANTS.

AND

WHITAKER BANK, INC., PLAINTIFF, VS. THERESA KRANZ; and ALBERT EARL KRANZ: DOUGLAS MILLER; and PATRICIA MILLER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 3, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Mountain View Lodge, LLC, Theresa Kranz and Albert Earl Kranz and Douglas Miller and Patricia Miller, in the sum of $584,566.25 as of January 15, 2014, plus interest at the rate of 6.5% per annum until the date of Judgment and thereafter at the maximum judgment rate until paid, with a per diem of $90.28

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

Property Address: 2615 Cumberland Falls Highway, Corbin, KY 40701.

BEGINNING at concrete right of way monument being 50 feet right (south) from approximate centerline Station 4+04 of U.S. Highway No. 25W (Cross Road No. 6). Said right of way monument  also being a northeast corner or property presently occupied by the McKinley  Restaurant; thence leaving the south right of way U.S. Highway No. 25W, S 11 degrees 28 minutes E in part with an east line of property present occupied by the McKinley Restaurant, 517.60 feet to a point; thence S 78 degrees 32 minutes W 148.00 feet; thence S 05 degrees 45 minutes E, 519.60 feet; thence N 78 degrees 32 minutes E, 323.00 feet; thence N 11 degrees 28 minutes W 120.00 feet; thence N 78 degrees 32 minutes E 98.00 feet; thence S 70 degrees 37 minutes E 226.12 feet to a point in the west Controlled Access right of way of  Interstate 75. Said point being, 227.50 feet left (west) from approximate centerline Station 1320+77 of Interstate 75; thence continuing with the west Controlled Access right of way of Interstate 75, with a fence N 09 degrees 00 minutes E 269.96 feet to a fence post. Said fence post being 110 feet right (west) from approximate centerline Station 8+80.63 the P.C. Station of a curve on Entrance Ramp B., Exit No. 24, of Interstate 75; thence N 04 degrees 10 minutes W 180.91 feet to a fence post being 100 feet right (west) from approximate centerline Station 7+00 of said Entrance Ramp B, Exit No. 24 of Interstate 75; thence N 07 degrees 20 minutes W 100.00 feet to a fence post being 100 feet right (west) from approximate centerline Station 6+00 of said Entrance Ramp B., Exit No. 24 of Interstate 75; thence N 10 degrees 46 minutes W 250.45 feet to a fence post being 115 feet right (west) from approximate centerline Station 3+50 of said Entrance Ramp B., Exit No. 24  of Interstate 75; thence N 05 degrees 25 minutes W 204.38 feet to a fence post being approximately 120 feet left (south) from approximate centerline Station 9+95.50 of U.S. Highway No. 25W (Cross Road No. 6); thence leaving the west Controlled Access Right of way of Entrance Ramp B, Exit No. 24 of Interstate 75, continuing with the south right of way of U.S. Highway No. 25W (Cross Road No. 6) N 76 degrees 56 minutes W with a fence 142.27 feet to a fence post being 70 feet right (south) from approximate centerline Station 8+59.70 of U.S. Highway No. 25W (Cross Road No. 6). Said Station also being the P.T. Station of a curve having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a tangent distance of 388.55 feet with a total arc length of 751.00 feet, thence leaving said right of way fence, continuing with said curve to the right having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a line running 70 feet south from and parallel to the centerline of US 25W along a chord length being 129.03 feet bearing S 80 degrees 27 minutes W to a point being 70 feet right (south) from approximate centerline Station 7+24.06. Said point also being a northeast corner of property present occupied by the Gulf Oil Corporation Service Station; thence leaving the south right of way of U.S. 25W, continuing with the lines of property being present occupied by the Gulf Oil Corporation Service Station, S 15 degrees 03 minutes E 199.40 feet; thence S 74 degrees 57 minutes W 150.00 feet; thence N 15 degrees 03 minutes W 200.00 feet to a point in the south right of way of U.S. Highway No. 25W. Said point being 70 feet right (south) from approximate centerline Station 5+68.00; thence continuing with said curve to the right having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a line running from a point being 70 feet right (south) from approximate centerline Station 6+00 to a point being 50 feet right (south)  from approximate centerline Station 4+04 along a chord length being 156.70 feet bearing S 74 degrees 56 minutes W, said point being 50 feet right (south) from approximate centerline Station 4+04 being the BEGINNING corner.

There is excepted and not conveyed herein that certain tract or parcel of land conveyed to Pine Mountain Realty, Inc. from Allan V. Rose and Christina Rose, his wife, by deed dated September 22, 1995, as appears of record in Deed Book 381, at page 548, Whitley County Clerk’s Office, Williamsburg, Kentucky.

The party of the first part does hereby convey unto the party of the second part all its rights to certain easements reserved and granted unto it, as follows:

1. The water service main which crosses the real property conveyed herein, as well as the water pump station located on Tract 1 of the Exception listed in the preceding paragraph.

2. The South Central Bell overhead telephone lines and the South Central Bell easement which is known to exist, but is not of record in the Whitley County Court Clerk’s Office.

3. The City of Corbin sanitary sewer pump station easement which is known to exist, but is not of record in the Whitley County Court Clerk’s Office.

4. The Cumberland Valley RECC easement which is known to exist, but is not of record in the Whitley County Clerk’s Office.

5. Overhead electric lines which cross the real properties herein conveyed.

6. American Telephone and Telegraph right of way and easement for a communications system, which easement is more particularly described in Miscellaneous Book 66, Page 219, Whitley County Court Clerk’s Office.

7. Any and all overhead utility services, electric and telephone lines.

BEING ALL OF THE SAME PROPERTY acquired by Mountain View Lodge, LLC by deed from Corbin Hospitality Group, Inc., dated May 31, 2007 and recorded July 23, 2007 in Deed Book 478, at page 310.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no down payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a 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 25th day of February, 2014.            

HOWARD O. MANN, MASTER COMMISSIONER

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00691

VANDERBILT MORTGAGE AND FINANCE, INC., ASSIGNEE OF CMH OF KENTUCKY, INC. D/B/A CLAYTON MOBILE HOMES OF CORBIN, PLAINTIFF, VS. BILLY R. RICHARDSON a/k/a BILLY RAY RICHARDSON; TABATHA L. RICHARDSON; JPH LIEN SERVICES, LLC; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 3, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 17, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Billy R. Richardson a/k/a Billy Ray Richardson and Tabetha L. Richardson, plus costs, is as follows:

(1) The sum of $40,562.87 as of October 1, 2013, with interest thereon at the contract rate of 11.74% per annum until the date of entry hereof, 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 2004 Clayton Mobile Home, Serial No. CAP015424TNAB, situated on the real property that will be included with the real property.

Property Address: 3081 Prewitt Bend Road, Williamsburg, KY 40769.

A certain tract or parcel of land lying in Whitley County, Kentucky, and being described as follows:

BEGINNING at an iron post, 208 feet south to a post, 208 feet west to post; 208 feet north to an iron post; thence back to starting point.  Approximately 200 feet by 12 feet right-of-way from Prewitt Bend Road.

Being the same property conveyed to Billy Ray Richardson and Tabatha Richardson, Husband and Wife, by Deed dated July 15, 2002, from Cassie Prewitt, Et Al, and recorded in Deed Book 437, Page 703, in the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, 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.

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 of ownership.  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 25th day of February, 2014.            

HOWARD O. MANN, MASTER COMMISSIONER

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