Legal Notices for 3/23/2011, page 1

 

 NOTICE OF INTENTION TO MINE

Pursuant to Application 918-0434

In accordance with the provisions of KRS 350.055, notice is hereby given that American Highwall Mining, LLC, P.O. Box 1539, Chilhowie, VA 24319 has applied for a permit for a surface coal mining operation, located approximately 1.2 miles East of junction of the Jack’s Fork Road and KY Rt. 26 & 1.0 miles SouthEast of Rockholds in Whitley County, Kentucky. The proposed permit area will disturb 75.0 acres and underlie 103.0 acres, for a total area within the permit boundary of 178.0 acres. The proposed operation is located approximately 0.1 South of Helton Hollow.

The proposed operation is located on the Rockholds U.S.G.S. 7 1/2 minute quadrangle map. The permit surface area to be disturbed is owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis. The auger operations will underlie property owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis.

This is the final advertisement of this permit application. All comments, objections, or requests for a permit conference must be received within thirty (30) days of today’s date. The application has been filed for public inspection at the Department for Natural Resources’s Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, Kentucky 40965.

Written comments, objections or requests for a permit conference must be filed with the Director of the Division of Mine Permits, #2 Hudson Hollow Complex, U.S. 127 South, Frankfort, Kentucky 40601.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 10-CI-00527

KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. DAVID L. BRIMM, ET AL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 8, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 4, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, David L. Brimm, plus costs, are as follows:

(1) The principal sum in the amount of $144,080.12, with interest accruing on the principal balance at the current rate of 5.7520% per annum from August 1, 2009 until March 8, 2011, plus accrued late charges in the amount of $601.72, with interest accruing on the entire balance at Note rate until paid, plus its reasonable attorneys fees and costs.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address: 61 Derby Trail, Corbin, Whitley County, Kentucky 40701

Being Lot No. 48 of the Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 14, Whitley County Court Clerk’s Office, and to which may or plat reference is hereby made for a fully complete description.

This conveyance is subject to the protection and restrictive covenants as set forth in Miscellaneous Records Book 27, Page 35, Whitley County Court Clerk’s Office.

Being the same property conveyed to David L. Brimm, unmarried by Deed dated October 10, 2007 and recorded in Deed Book 479, Page 796, 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 (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 ninety (90) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 14th day of March, 2011.

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. 10-CI-00365

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK,  PLAINTIFF, VS. RICKEY LYNN BOWMAN, A/K/A RICK BOWMAN, and his wife, LETA MICHELLE BOWMAN; CHRISTINA BOWMAN, A/K/A CHRISTY BOWMAN, single; 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 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 4, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

For Default Judgment against the defendant, Leta Michelle Bowman, and for Summary Judgment against the defendant, Christina Bowman, a/k/a Christy Bowman, to terminate her interest in the subject real estate, Summary Judgment In Rem against Rickey Lynn Bowman a/k/a Rick Bowman, and Summary Judgment against the defendant, Whitley County, Kentucky, to set lien priorities, plus costs, are as follows:

(1) The principal sum in the amount of $39,707.74 as of January 26, 2011, plus interest at the rate of 8.5% per annum until February 14, 2011, and thereafter at the maximum judgment rate until paid.

(2) The principal sum in the amount of $34,532.12 as of January 26, 2011, plus interest at the rate of 9.5% per annum until February 14, 2011, and thereafter at the maximum judgment rate until paid.

(3) The plaintiff is adjudged to have a security interest in the defendant’s A 1997 Flee, Reflec, Vin No. TNFLV26A47944RL12, 091281180050.

The property to be sold is as follows:

DEED I:

BEGINNING at the old fence of Juanita and John Bowman and running up the fence about 90 deg. East for 302 feet to a corner fence of medal post; thence changing to 200 deg. Southwest for 580 deg. to Clearfork river; thence changing West for 337’ back to the old Beams Farm & line fence and creek; thence changing and running with the creek and line fence back up to the starting corner.

BEING THE SAME PROPERTY conveyed to Mortgagor, Rickey Lynn Bowman, by deed from Juanita Lawson Adkins, single widow, dated January 5, 2000 and recorded in Deed Book 415, Page 100 of the Whitley County Court Clerk’s Office. 

ALSO CONVEYED HEREIN IS A ROADWAY EASEMENT for purposes of ingress and egress from the Ellison Bend Road across the property of Grantors to the property conveyed on January 5, 2000, recorded in Deed Book 415, Page 100 and being fourteen feet in width, for the benefit of the Grantee and his heirs and assigns and others for their use and benefit, together with the right to maintain same as reasonably necessary on the property of Grantor and being on the part of the property acquired by Grantor, John Bowman and his wife, Juanita Bowman,  by Deed dated June 8, 1957, recorded in Deed Book 192, Page 384 and by Will of John Bowman, probated in Will Book 11, Page 478, both in the Whitley County Clerk’s Office.

SAID ROADWAY EASEMENT being conveyed to Rickey Lynn Bowman from Juanita Bowman, now Juanita Lawson Hill and her husband, J.R. Hill, dated October 27, 2000, recorded in Miscellaneous Book 111, Page 40 of the Whitley County Court Clerk’s Office. 

DEED II:

BEGINNING at the Southwest corner of the old fence line of Juanita and John Bowman and the fence line of John Beams; thence running Northeast 35° 178 feet to the Northwest corner marker of Ricky and Christina Bowman; thence changing direction Southeast 120° running with the line of Ricky and Christina Bowman for 140 feet to the end of the Ricky and Christina Bowman tract; thence running Southeast 134 feet to the corner fence and metal post of Ricky Lynn Bowman (Deed Book 415, Page 100); thence Southwest 302 feet back to the old fence corner of Juanita and John Bowman and John Beams to the BEGINNING.

BEING A PART OF THE SAME PROPERTY conveyed to Mortgagor by deed from Juanita Bowman and her husband, J.R. Hill, dated March 9, 2006 and recorded in Deed Book 467, Page 606 of the Whitley County Court Clerk’s Office. 

Property Located at 1152 Ellison Bend Road, Williamsburg, in Whitley County, Kentucky 40769:

DEED III:

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

BEGINNING at the northeast corner of Steve Lawson’s old barn lot fence and running westerly in fence row for 188 feet to Ellen Lawson Faulkner tract; thence turning Southeast for 129 feet with county road and Beam’s farm line fence; thence turning southeast running with old barn lot fence 221 feet to corner; thence turning north running with Evart Rose line fence for 170 feet to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Verenda Sharp, unmarried, dated August 7, 2008, and recorded in Deed Book 485, Page 366 of the Whitley County Court Clerk’s Office.

Property Located at 1064 Ellison Bend Road, Williamsburg, in Whitley County, Kentucky 40769:

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 (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 14th day of March, 2011.

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. 09-CI-00896

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. ROY L. PERKINS AND NADINE PERKINS, HUSBAND AND WIFE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS); JULIE MCCULLAH CHAPMAN, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF WESLEY DISEL CHAPMAN, DECEASED; TOM DAVIS; DONNA DAVIS; LUMBER KING, INC.; TINDELLS, INC.; TAX EASE LIEN SERVICING, LLC; AND HOMETOWN BANK OF CORBIN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 11, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 4, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Roy L. Perkins and Nadine Perkins, plus costs, are as follows:

(1) The principal sum in the amount of $96,101.50 plus $7,114.18 unpaid interest, plus late charges of $621.92, plus other fees of $665.36 for a payoff of $104,502.96, plus interest at 3.75% in excess of the current rate (on October 11, 2010 equals 6.60%) from October 21, 2009 until paid, plus court costs and a reasonable attorney fee.  Interest accrues daily at $17.3516597.

(2) The principal sum of $20,439.98, plus $1,176.82 unpaid interest plus late charges of $100.62 plus other fees of $680.16 for a payoff of $22,397.58 plus interest at 2.0% in excess of the Wall Street Journal Prime Rate plus 2% upon default ((on October 11, 2010 equals 7.0%) from October 21, 2009 until paid. Interest accrues daily at $4.1163849.

(3) The principal sum of $41,292.50 plus $3,257.52 unpaid interest plus late charges of $49.96 plus other fees of $324.58 for a payoff of $44,924.56 plus interest at 2.0% in excess of the Wall Street Journal prime rate ((on October 11, 2010 equals 5.25%) from October 21, 2009 until paid.  Interest accrues daily at $6.0218229.

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

SALE No. 1

The real property or its address is commonly known as 700 River Road, Williamsburg, Kentucky.

All that certain parcel of land lying and being situated to the County of WHITLEY, State of KY, to-wit:

BEGINNING ON A BLACK WALNUT, A CORNER OF OLD DEED, AND WITH SAID DEED S 10 E TO THE NORTH EDGE OF THE RIGHT-OF-WAY FOR NEW HIGHWAY; THENCE WITH THE LINE OF SAID HIGHWAY RIGHT-OF-WAY TO A STAKE IN THE PETE HINKLE AND EVERETT FAULKNER LINE; THENCE WITH THE LINE N 30 W TO A DOGWOOD THEIR CORNER THENCE S 62 W 44 POLES TO A WHITE OAK; THENCE S 7 W 10 POLES TO A SMALL BLACK OAK; THENCE 45 W 13 POLES TO 3 SMALL BLACK OAKES S 81/4 E 90 POLES TO THE BEGINNING

Tax Map Reference 057-00.00-013.00

BEING THE SAME PROPERTY conveyed to Roy L. Perkins and Nadine Perkins From Rosa Butte, Widower And Admin. Of The Estate Of Miley Smith, Deceased, Archer & Berneice Smith, Audie and S. R. Wright, Allie S. Ross, Widower, Una and Herbert Moses, Hester and R. L. Cobb, Susan Medlin, Marie and Elmer Cox, Geneva Stinson, Leora and Willard Prewitt, Loranda and William V. Sampson, Neva and Carl Cravens, Mrs. Leonard Richardson, Geneva Hayes, Vankirik Funeral Home, Corbin Quality Shop, R.K. Campbell, Gover Floral Co., Laurel Heights Nursing Home, Della M. Hayes an Infant, Louise Hayes an Infant, Teresa Hayes an Infant By Walter Brown Master Comm. by deed dated December 7, 1969 and recorded in Deed book 231, at Page 483, in the Whitley County Clerk’s Office.

THERE IS EXCLUDED FROM THE ABOVE DESCRIPTION a tract of land conveyed to Gorman Huddleston and Shirley Huddleston by Deed dated August 31, 1984, and recorded in Deed Book 305, Page 438 more particularly described as follows:

BEGINNING at a 36” culvert near State Road and following up a stream N 44 W 360 feet to a 20” Maple; thence N 65 E 296 feet to a fence in property line; thence S 30 E with old fence to State Highway; thence turning S 85 116’ back to the BEGINNING.

THERE IS FURTHER EXCLUDED FROM THE ABOVE DESCRIPTION a tract of land conveyed to Gorman Huddleston and Shirley Huddleston by Deed dated June 13, 1978, and recorded in Deed Book 275, Page 275 more particularly described as follows:

BEGINNING at a 36” culvert near State Road and following road S 85 W 234 feet to an iron rod; thence N 17 W 265 feet to another iron rod; thence turning N 65 E 74 feet to a 20” maple near a stream; thence turning S 44 E 360 feet to the BEGINNING.

THERE IS ALSO EXCLUDED FROM THE ABOVE DESCRIPTION a tract of land conveyed to Timothy C. Smith and Michelle Smith by Deed dated February 12, 1988, recorded in Deed Book 328, Page 441 more particularly described as follows:

BEGINNING on a steel pin in the right-of-way of the river road; thence with the right-of-way of the river road, S 88 degrees E 100 feet to a steel pin at the intersection of the right-of-way of the river road and the west side of gravel driveway; thence with the edge of the gravel driveway N 2 degrees E 70 feet to a steel pin; thence with the edge of said gravel driveway N 30 degrees W 50 feet to a steel pin; thence departing the gravel driveway N 88 degrees W 90 feet to a 12-inch Poplar tree in an old fence line; existing property line between Roy and Nadine Perkins, and Mrs. Millard Perkins; thence with said property line S 10 degrees E 114 feet to the beginning.

SALE No. 2

The real property or its address is commonly known as 668 and 736 River Road, Williamsburg, Kentucky.

Tract No. 1

BEGINNING on a steel pin in the right-of-way of the river road; thence with the right-of-way of the river road, S 88 degrees E 100 feet to a steel pin at the intersection of the right-of -way of the river road and the west side of gravel driveway; thence with the edge of the gravel driveway N 2 degrees E 70 feet to a steel pin; thence with the edge of said gravel driveway N 30 degrees W 50 feet to a steel pin; thence departing the gravel driveway N 88 degrees W 90 feet to a 12-inch Poplar tree in an old fence line; existing property line between Roy and Nadine Perkins, and Mrs. Millard Perkins; thence with said property line S 10 degrees E 114 feet to the beginning.

BEING THE SAME PROPERTY conveyed to Roy Perkins and wife, Nadine Perkins from First Federal Savings Bank and recorded in Deed Book 356, Page 501 in the Whitley County Clerk’s Office.

Tract No. 2

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the same land conveyed to Roy L. Perkins, Jr., from Cindy Leann Perkins, by deed dated October 28, 1992, and recorded October 29, 1992, in Deed Book 359, Page 434, and being the same land acquired by Roy L. Perkins, Jr. and Cindy Leann Perkins by deed from Gorman Huddleston and Shirley Huddleston, dated August 31, 1984, and recorded in deed Book 341, Page 564, all in the Whitley County Court Clerk’s Office, said land being more particularly described as follows:

BEGINNING at a 36@ culvert near State Road and following up a stream N 44 W 360 feet to a 20@ Maple; thence N 65 E 296 feet to a fence in property line; thence S 30 E with old fence to State Highway; thence turning S 85 116’ back to the BEGINNING.

AND:

BEGINNING at a 36@ culvert near State Road and following road S 85 W 234 feet to an iron rod; thence N 17 W 265 feet to another iron rod; thence turning N 65 E 74 feet to a 20@ maple near a stream; thence turning S 44 E 360 feet to the BEGINNING..

BEING THE SAME PREOPERTY conveyed to Roy L. Perkins and his wife, Nadine Perkins by Deed dated December 15, 1999 from Roy L. Perkins, Jr. and his wife, Denise Perkins and recorded in Deed Book 414, Page 700, in the Whitley County Clerk’s Office.

Property Address:  700 River Road, Williamsburg, KY 40769;

and 668 and 736 River Road, Williamsburg, KY 40769

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 (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative, or a party to this action, which has been adjudged to have a lien on the particular tract or parcel or real property, be the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.  In that event said party is a junior lienholder other than the plaintiff then at the end of thirty (30) days, the said party shall pay full purchase price.

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.

8. The liens herein adjudged shall attach to the proceeds of said sale of the real estate in priority as follows:

(a) Master Commissioner’s fees and expenses.

(b) Tax Ease Lien Investments in the amount of $2,079.48 plus 12% interest, costs and attorney fees (for 2008 tax bills#16387, 16389 and 16390).

(c) Community Trust Bank, Inc., the sum of $96,101.50 plus $7,114.18 unpaid interest, plus late charges of $621.92, plus other fees of $665.36 for a payoff of $104,502.96, plus interest at 3.75% in excess of the current rate (on October 11, 2010 equals 6.60%) from October 21, 2009 until paid, plus court costs and a reasonable attorney fee.  Interest accrues daily at $17.3516597.  (Sale No.1 of property at 700 River Road, Williamsburg, Kentucky).

(d) Community Trust Bank, Inc., the sum of $20,439.98, plus $1,176.82 unpaid interest plus late charges of $100.62 plus other fees of $680.16 for a payoff of $22,397.58 plus interest at 2.0% in excess of the Wall Street Journal Prime Rate plus 2% upon default ((on October 11, 2010 equals 7.0%) from October 21, 2009 until paid. Interest accrues daily at $4.1163849.  (Sale No. 2 of property at 668 & 736 River Road, Williamsburg, Kentucky).

(e) Community Trust Bank, Inc., the sum of $41,292.50 plus $3,257.52 unpaid interest plus late charges of $49.96 plus other fees of $324.58 for a payoff of $44,924.56 plus interest at 2.0% in excess of the Wall Street Journal prime rate ((on October 11, 2010 equals 5.25%) from October 21, 2009 until paid.  Interest accrues daily at $6.0218229.  (Sale No. 2 of property at 668 & 736 River Road, Williamsburg, Kentucky).

(f) Mortgage Electronic Registration Systems, Inc. (MERS); Julie McCullah Chapman, Individually, and as Administratrix of the Estate of Wesley Disel Chapman, Deceased; Tom Davis; Donna Davis; Lumber King, Inc.; Tindells, Inc.; Tax Ease Lien Servicing, LLC; and Hometown Bank of Corbin, as their interest may appear. 9. In the event that the proceeds of said sale exceed the amount necessary to satisfy the liens of the plaintiff, the proceeds shall be paid into the court pending further proceedings.

10. Upon filing of the Master Commissioner’s deed, the defendants and all persons claiming under or against them since the filing of the Notice of Lis Pendens herein shall be let into possession of the property.  The Master Commissioner is authorized to file releases for any liens of the parties that were discharged by the foreclosure sale.

Dated this 14th day of March, 2011.

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. I

CIVIL ACTION NO. 09-CI-00775

GREEN TREE SERVICING, LLC, ASSIGNEE OF TAMMAC HOUSING CORP. PLAINTIFF, VS.   THOMAS GRAY, WENDY GRAY, FIRST FINANCIAL CREDIT, INC., CENTRAL FINANCIAL SERVICES, INC., AND US BANK-CUSTODIAN, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 4, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, April 4, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Thomas Gray, Wendy Gray, First Financial Credit, Inc., Central Financial Services, Inc. and US Bank-Custodian, plus costs, are as follows:

(1) The sum in the amount of $79,767.38 with interest thereon at the contract rate of 10.04% from October 1, 2009, until the date of entry hereof, and thereafter at the contract rate, until paid.

The property to be sold is as follows:

Exhibit “A”

A certain tract or parcel of land lying in Whitley County, Kentucky, on Clear Fork River, and being the same land conveyed to Wendell L. Stevens and wife, Sarah Stevens by Luther E. Rowe and wife Fannie Rowe, by deed dated September 25, 1980, which is duly recorded in Deed Book 286, page 389-398, and sec. deed from Sarah Stevens to Wendell L. Stevens, by deed dated April 22, 1992, which is duly recorded in Deed Book 358, page 400-402, Whitley County Court Clerk’s Office, containing 1 acre more or less, and bounded and described as follows, vis:

TRACT NO. III BEGINNING on a set stone at the edge of old railroad right of way; thence running North 426 feet with the meanders of a branch to a rock culvert at edge of old county road; thence West 98 feet to a stone corner, thence running South 240 feet with the meanders of the hill to a stone; thence running further South 160 feet to a set stone at the edge of the old railroad right of way; thence East with said right of way 150 feet to the point of BEGINNING.

Being the same property Thomas Gray and wife Wendy Gray obtained title to by deed dated 3-28-07 executed by Bobby Joe Osborne and wife Ruth Osborne of record in DB 476, at Pg. 188 in the Whitley County Clerk’s Office.

Being the same property Bobby Joe Osborne and wife Ruth Osborne obtained title to by deed dated June 27th 1996, executed by Wendell L. Stevens and wife Margaret Faye Stevens of record in DB386. at pg. 368 in the Whitley County Clerk’s Office.

ALSO included along with the property is a 1997 Champion mobile home Serial No. 54979019543AB.

Said property address is: 3186 Hwy. 1804, Williamsburg, Kentucky 40769.

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%) 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 forty-five (45) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 14th day of March, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

NOTICE OF INTENTION TO MINE

 Pursuant to Application Number 918-0417AM#1

In accordance with KRS 350.055, notice is hereby given that NAV-VET TRUCKING LLC, 448 Wilton Lake Rd., Woodbine, KY 40771 has applied for a permit for a surface coal mining and reclamation operation located 0.1 miles east of Meadow Creek, near Woodbine in Whitley County. The proposed operation will disturb 11.45 surface acres and will underlie additional 3.1 acres with a total area within the permit boundary will be 59.79acres.

The proposed operation is approximately 1.7 miles southeast from KY 1064’s junction with KY 6 and located in and un-named tributary of Meadow Creek. The latitude is 36-52-16.178 and the longitude is 84-04-16.258

The proposed operation is located on the Rockholds U.S.G.S. 7 1/2-minute quadrangle maps. The operation will use the contour and auger methods of surface mining. The surface area is owned by Mr. George Hart.

The application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 East Cumberland Ave, Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

 

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. NALLY & HAMILTON ENTERPRISES, INC., 9180403, 02/23/2011; ALDEN RESOURCES LLC, 9180427. 02/03/2011.