Legal Notices for 3/23/2011, page 2

 

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.