Legal Notices for 3/12/14, page 2

 

 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