Legal Notices for 3/13/13, page 4

 

Two tracts or parcels of land in Whitley County, Kentucky:

TRACT 1:

Beginning at Old County Road and stone corner and running South with Cox line to a stone corner at Durham’s line; thence running West  with  the Durham line to a stone corner, thence running with  the Huff line Northeast  to a stone corner at old County Road, the Beginning.

TRACT 2:

Beginning at a metal marker joining Jerry Carr’s line; thence 40 feet to a metal marker; thence North 210 feet to metal marker at driveway; thence East 88 feet to Jerry Carr’s line; thence South 217 feet running with Jerry Carr’s line to metal marker the Beginning.

There is also granted an eight foot right of way adjoining Grantor’s property for the purpose of ingress and egress by the Grantees, their heirs and assigns forever.

Being the same property conveyed to David DeBerry and wife, Alma DeBerry from Delphine Huff, by Deed dated August 16, 2001 of record in Deed Book 428 at Page 538, 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.

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

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

4. The purchaser shall be required to assume and pay all 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, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT – WHITLEY CIRCUIT COURT – DIVISION I

CIVIL ACTION NO. 12-CI-653

UNION BANK, a/k/a THE UNION BANK OF JELLICO, TENNESSEE, PLAINTIFF VS: DONALD HOLLIS, a/k/a DONALD R. HOLLIS And his wife, JENNIFER HOLLIS, a/k/a JENNIFER L. HOLLIS; CHARLES R. HOLLIS, JR.; 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 4, 2013, 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 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Donald Hollis and Jennifer Hollis, plus costs, is as follows:

(1) The sum in the amount of $22,174.99 as of September 11, 2012, plus interest thereon at the rate of 6.2440 per day until date of judgment and thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   925 Airport Road, Williamsburg, Kentucky 40769

MAP NO.: 089-00-00-004.04

Being a 1.00 acre tract within the bounds of a 55.37 acre tract owned by Edythe Bowen as recorded in Deed Book 245, Page 381 in the Whitley Court Clerk’s Office. For further reference see the James H. & Edythe Bowen Plat recorded in Map Book No. 4, Page 231, Slide 389-B, Plat Cabinet No. 2 in said Clerk’s Office and more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a “pin and cap” is a set l/2” diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “KYLS-3192”.  All bearings stated herein are referred to the James H. and Edythe Bowen Plat previously referenced.

Beginning at a pin and cap in the right-of-way (15’ from centerline) of Airport Road, a common corner to the parent tract; thence with said road, S 88° 55’ 00” E, a distance of 126.09 feet to a pin and cap in the point of curvature of a non-tangent curve, concave to the south, having a radius of 976.07 feet a central angle of 7° 01’ 41”, and a chord of 119.65 feet bearing S 86° 16’ 50” E; thence easterly along said curve, a distance of 119.73 feet to a pin and cap in the right-of-way of Airport Road; a common corner to the parent tract and J.B. & Lois Strunk, Deed Book 371, Page 152; thence leaving said road and with said Strunk line S 24° 19’ 29” W, a distance 208 feet to a pin and cap; thence leaving said Strunk line and severing the parent boundary N. 85° 44’ 50” W, a distance of 206.19 feet to a pin and cap; thence N 13° 57’ 26” a distance of 190.00 feet to the point of beginning; and containing 1.00 acres, more or less, according to a survey by John Ledington, PLS #3192, on March 28, 1999. Said tract being the fourth lot (Lot No.4) parted off from the parent boundary.

THERE IS ALSO conveyed herein a 1999 Fleetwood 16×80 mobile home, VIN #INFLX55A740508013.

BEING THE SAME PROPERTY conveyed to Donald R. Hollis and his wife, Jennifer L. Hollis, by deed from Burley McFarland and his wife, Teresa McFarland, dated August 2, 2005, recorded in Deed Book 463, Page 765 of the 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.

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

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

4. The purchaser shall be required to assume and pay all 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, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT – WHITLEY CIRCUIT COURT – DIVISION II

CIVIL ACTION NO. 12-CI-779

UNION BANK a/k/a THE UNION BANK OF JELLICO, TENNESSEE, PLAINTIFF VS. JACOB HATFIELD, HEIR AND NEXT OF KIN OF MARK L. HATFIELD, Deceased; 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 January 22, 2013, 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 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem Judgment against the Defendant, Jacob Hatfield, plus costs, is as follows:

(1) The sum in the amount of $12,980.99 as of November 15, 2012, plus interest thereon at the rate of 8% per annum until date of judgment and interest thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS: 5818 S. Highway 25 W, Williamsburg, Kentucky 40769.

Map #: 132-00-00-076.00

BEGINNING at the RR fence, near the overhead bridge; thence a north course 265 feet to a stone or stake on the south side of the old road; thence a straight line a south course approximately 1400 feet to a stake or stone at the river; thence a southeast course down the river 240 feet and eighteen inches (18”) to the L&N Railroad bridge; thence a northeast course with L&N Right of way line approximately 1300 feet to the BEGINNING, being Lot No. One of the said E.M. Jones Estate.

There is excepted from this tract of land a tract or parcel of land heretofore conveyed to Commonwealth of Kentucky for highway purposes, said parcel being described as follows:  Parcel No. 49.  All that part of said tract which lies within a distance of 50 feet on each side of the center line of said public road, between approximate Stations 334×45 and 248×58.

Also, the following parcels of land lying immediately adjacent to the above-described parcel, on the side, to the width and between the stations shown below:

Parcel: (a) From: 334X45 To: 338×00 Width: 20’ Side: left; Parcel: (b) From: 334×45 To: 341×50 Width: L&N Prop Line Side: right; Parcel: (c) From: 338×00 To: 340×50 Width: 30’ Side: left; Parcel: (d) From: 346×50 To: 348×58; Width: 15’ Side: right

There is also excepted from the above described tract of land all that certain tract or parcel of land heretofore sold and conveyed by the parties to Tom Byrd and wife, Clara Byrd, and their son, Lewis Byrd, by Deed of General Warranty January 31, 1949, and recorded in Deed Book 171, page 83, which is described as follows:

BEGINNING on an iron stake in the line of L&N Railroad Company right of way; thence in a westerly direction 166 feet to a black oak in the line of Eugene Hayes and U.S. Highway 25 W (new survey); thence 250 feet south along U.S. Highway 25W to a black oak, thence easterly direction 95 feet to the line of the L&N right of way; thence 153 feet back to the iron stake at the BEGINNING, with the said L&N right of way.

There is also excepted from the above parcel conveyed to James E. Foley and Kenneth Joe Foley by Audie Partin and wife, Peggy Sue Partin, by deed dated May 31, 1977, recorded in Deed Book 268, Page 141, Whitley County Clerk’s office.

SECOND TRACT:  Also a certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Clear Fork River and being bounded as follows:

BEGINNING on the north corner of Lot No. 1, by old road; thence south course with line of Lot No. 1, to the river and a stone; thence S.W. up said river 240 feet and 8 inches to a stone; thence N.E. course a straight line to a stone and agreed corner on south side of old road; thence with said road a south course 265 feet to a stone the BEGINNING corner.

There is excepted from the above parcel a certain tract or parcel of land conveyed to Gladys Hatmaker, et al., by Audie Partin and wife, Anna Mae Partin by deed dated 2-16-67 and recorded in Deed Book 221, Page 617, Whitley County Court Clerk’s office.

There is also excepted from the above parcel a certain tract conveyed to Frank Bryant and wife, Beulah Bryant, by Audie Partin and wife, Anna Mae Partin, by deed dated 2-16-67 and recorded in Deed Book 221, Page 619, Whitley County Clerk’s office.

Also excepted from the above tract is a parcel conveyed to J.W. Sharp and wife, Nola Sharpe, by Audie Partin and wife, Anna Mae Partin, by deed dated 7-29-67 and recorded in Deed Book 223, Page 348, Whitley County Clerk’s office.

BEING ALL THE SAME LAND acquired by Mortgagor by deed from Eric M. Hatfield, dated April 1, 2008, recorded in Deed Book 482, Page 674 of the Whitley County Court Clerk’s Office.  See also Affidavit of Descent of Virgil Hatfield, recorded April 1, 2008 in Deed Book 482, Page 674 of the Whitley County Court Clerk’s Office.   See also Affidavit of Descent of Virgil Hatfield, recorded April 1, 2008 in Deed Book 482, Page 672 of the Whitley County Court Clerk’s Office.  See Affidavit of Descent of Mark L. Hatfield who died intestate on September 3, 2012, recorded in Deed Book 512, Page 495 of the 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.

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

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

4. The purchaser shall be required to assume and pay all 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, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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