Legal Notices for 3/21/2012, page 3

 

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 19th day of March, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00721

FORCHT BANK, NA, f/k/a WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. DEBORAH JONES a/k/a DEBORAH A. JONES, Single; WORLD FINANCE CORPORATION; TAX EASE LIEN INVESTMENTS 1, LLC; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE, DIVISION OF COLLECTIONS; 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 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 Monday, April 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Deborah A. Jones, plus costs, is as follows:

(1) The principal sum in the amount of $45,322.23, plus interest thereon at the rate of 8.9900% per annum ($11.401497 per day) from August 18, 2011 until December 5, 2011, and thereafter interest 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:

DEED I:

TRACT NO. 2: BEGINNING near a utility pole at the New Bennett Road at Brian Smith Northeast corner, running with the fence approximately 260 feet Southward to a corner; thence running with fence Eastward approximately 181 feet; thence with the fence in a Southward direction approximately 34 feet to a persimmon tree; thence with the fence Eastward approximately 57 feet to New Bennett Branch Road; thence with the New Bennett Branch Road to the BEGINNING.  (this property consists of the house and lot).

BEING THE SAME LAND acquired by Deborah Jones by deed from Robert R. Caudill and his wife, Lottie Lora Caudill, dated March 6, 2003, recorded in Deed Book 441, Page 590 of the Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: 261 Bennett Branch Road, Siler, KY 40763

DEED II:

BEGINNING on a stone at the road at the mouth of a drain; thence up the mountain Southward 70 yards to a stone; thence Eastward 70 yards to a stone; thence Northward 70 yards to a stone at the road; thence down the road to the BEGINNING.

BEING THE SAME LAND acquired by Deborah Jones and her husband, Tony Jones, (now deceased), by survivorship deed from Dorothy Jones, single widow, dated August 1, 1995, recorded in Deed Book 380, Page 164 of the Whitley County Court Clerk’s Office.

PROPERTY ADDRESS: Limestone Road, Siler, KY 40763

TERMS OF SALE

1. The real property above in Deed 1 is indivisible, and shall be sold as a whole, and the real property above in Deed 2, is indivisible, and shall be sold as a whole, each sold separately, 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.  If dependable Auto Sales, LLC, is the highest bidder it shall be entitled to 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. 

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 19th day of March, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00821

DONNIE PATRICK, PLAINTIFF, VS. SAM SUTTON, a/k/s/ SAMMIE SUTTON; UNKNOWN SPOUSE OF SAM SUTTON, a/k/a SAMMIE SUTTON; UNKNOWN HEIRS AND NEXT OF KIN OF SAM SUTTON, a/k/a SAMMIE SUTTON; WILLIAMSBURG INDEPENDENT SCHOOLS; CITY OF WILLIAMSBURG, KENTUCKY; 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 13, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, April 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Sam Sutton, his unknown spouse and his unknown heirs and next of kin, plus costs, is as follows:

1. The principal sum in the amount of $1,042.26 as of September 27, 2011, plus interest at the rate of 12% per annum plus attorney fees of $347.33 pursuant to KRS 134.452 and Court costs, until paid in full.

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

Property Address:  property located on Mount Morgan Road, Williamsburg, KY 40769.

BEGINNING at a post in the fence; thence running East 55 feet to a rock; thence S 33 feet to a fence post; thence West 65 feet to a fence post; thence North 35 feet to the beginning corner also the following which includes the above tract; BEGINNING on a stone in the old line near the road running down the hill from the road to the school house site now owned by Henry Richardson; thence up the hill with the old line of Will Ball sold by A. Parks to Frank Ball July 15, 1914; thence with the Ball line down the hill with the Ball line to the Henry Richardson line, a stone, and with said line to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Sam Sutton, by Deed dated March 27, 1944, from J.S. Lawson and his wife Rachel Lawson, and recorded in Deed book 157, page 171 of 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%.  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 him.  If Donnie Patrick is the highest bidder for a sum less than his Judgment, he shall only be required to pay the costs and expenses and an amount sufficient to pay Whitley County, Kentucky’s pro-rata shares of taxes.   

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 19th day of March, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00852

SPRINGLEAF HOME EQUITY, INC., PLAINTIFF, VS. JEFFERY HURST; SHEILA HURST; 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 13, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, April 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jeffery Hurst and Sheila Hurst, plus costs, is as follows:

(1) The aggregate amount of $54,365.84 through December 3, 2011, consisting of the principal sum in the amount of $46,658.28, plus interest in the amount of $7,313.36, plus late fees in the amount of $394.20, and any and all other amounts due under the Note, plus additional accrued interest upon the principal balance owed at the agreed upon contract rate of 12.33% per annum, plus post judgment interest upon the foregoing principal and interest balance at the maximum legal rate from the date of judgment until paid in full, plus its Court costs and expenses in the amount of $256.00, and its reasonable attorney’s fees in the amount of $1,750.00.

 All that certain property situated in the County of WHITLEY, and State of KENTUCKY, being described as follows:

Property Address is: 116 Shelby Hurst Road, Williamsburg, Kentucky 40769.

TRACT NO. II:

beginning at a post oak on William Bowling and green Bowling line; thence W 136 ft to a sweet gum in the Morgan Adkins and William Bowling line; thence with the road NE 340 ft to the Green bowling line; thence S with said line 250 ft to the beginning.

BEING THE PROPERTY CONVEYED IN Warranty Deed from Jimmy E. Hurst And Wife, Teresa J. Hurst to Jeff Hurst And Wife, Sheila Hurst, dated 04/16/1998, recorded 04/17/1998, in Deed Book 399, Page 694, in the County Clerk’s Office for Whitley County, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in 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 not be required to make down payment 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 19th day of March, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00922

COMMUNITY TRUST BANK, INC., PLAINTIFF,  VS. DONALD ARCHER and SHANNON ARCHER, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 13, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, April 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Donald Archer and Shannon Archer, plus costs, is as follows:

(1) The principal sum of $71,692.64, plus unpaid interest of $1,854.05, plus late charge of $98.48, and an escrow balance of $563.82, for a total payoff of $74,208.99, plus interest and accruing daily at a rate of $13.9402356 (as of November 14, 2011).

Property Address:  2499 Tyes Ferry Road, Rockholds, KY 40759.

The property to be sold is as follows:

That was conveyed on 16 day of August, 2007 by Daniel Stewart and wife Natasha Stewart, to Donald Archer and wife Shannon Archer, by deed recorded in Deed Book 478 Page 763 in the Whitley County Court Clerks Office as described in the attached description which is hereby incorporated by reference as if fully copied at length.

All that parcel of land in Whitley County, Commonwealth of Kentucky, in Deed Book 478, Page 763, ID#158-00-00-006.00, being known and designated as beginning at big pine tree on county road; thence southward 300 feet to post; thence southeast 126 feet to post; thence eastward 179 feet to post; thence northward 483 feet to county road; thence westward 154 feet following county road to the beginning.

By fee simple deed from Natasha Stewart and Daniel Stewart, and wife as set forth in Book 478, Page 763 dated 08/16/2007 and recorded 08/23/2007, Whitley County records, Commonwealth of 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 successful bidder is a party to this action, which has been adjudged to have a lien on the particular tract or parcel of real property bid upon, 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 19th day of March, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606)  528-0616

 

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County.

ALDEN RESOURCES LLC, 9180413, 02/17/2012; MOUNTAINSIDE COAL COMPANY INC, 9180422, 02/06/2012; DENALI ENERGY GROUP LLC, 9180431, 02/29/2012; AMERICAN HIGHWALL MINING LLC, 9180434, 02/23/2012.