Legal Notices for 3/28/2012, page 2

 

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, they may take a credit upon its judgment, 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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00234

WELLS FARGO BANK, NA, PLAINTIFF, VS. CAROLYN JOHNSON; and TOMOTHY JOHNSON, 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, Carolyn Johnson and Timothy Johnson, plus costs, is as follows:

(1) The principal sum in the amount of $76, 099.32, plus interest on the principal sum at the rate of 6.625% per annum from August 1, 2010 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Property Address: 802 West Gordon Street, Corbin, Kentucky 40701.

Parcel Number: 137-10-05-010.00.

The following described property in Whitley County, Kentucky, to wit:

Being a 0.38 acre tract within the bounds of a tract owned by Mildred Lucille Forsythe and her daughter Dorssie Lee Preston Wagner (now William Clayton & Diane R. Ely D.B. 414, Page 29), being more particularly described as follows:

Beginning at a 1/2 inch diameter steel rebar with yellow plastic cap in the right-of-way of Gordon Street, a corner of the parent tract; thence, leaving said street along a line common to Wylene Earls, N 31 deg. 30’ 00” E 200.00 feet to a 1/2 inch diameter steel rebar with yellow plastic cap, also a corner to the parent tract; thence, with the Lola Mae Farley line, S 56 deg. 13’ 00” E 82.00 feet to a 1/2 inch diameter steel rebar with yellow plastic cap; thence S 31 deg. 30’ 00” W 200.00 feet to a 1/2 inch diameter steel rebar with yellow plastic cap in the right-of-way of Gordon Street; thence with said right of way, 56 deg. 13’ 00” W 82.00 feet to the point of beginning; containing 0.38 acres.

Being the same property conveyed to Carolyn Johnson and Timothy Johnson, wife and husband who acquired title, with rights of survivorship, by virtue of a deed from Stephanie Waggoner n/k/a Stephanie Mullins and John Carson Mullins, wife and husband, dated September 28, 2007, filed October 8, 2007, recorded in Deed Book 479, Page 708, County Clerk’s Office, Whitley County, Kentucky.

Address: 802 West Gordon Street, Corbin, Kentucky 40701.

Parcel Number: 137-10-05-010.00.

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

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, they may take a credit upon its judgment, 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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00670

U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR OWNIT MORTGAGE LOAN TRUST, OWNIT MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-5, PLAINTIFF, VS. GARY JENSEN AKA GARY DEAN JENSEN; WANDA JENSEN; CAPITAL ONE BANK (USA), N.A. FKA CAPITAL ONE BANK, 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, Gary Jensen aka Gary Dean Jensen and Wanda Jensen, plus costs, is as follows:

(1) The principal sum of $77,574.87, plus interest on the principal sum at the rate of 9.50000% from the date referenced in the Account Status Affidavit, 09/15/2001, until paid, plus additional fees, costs and expenses in accordance with the terms of the Note and Mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property.

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

Said property address is:  604 17th Street, Corbin, KY 40701.

Tax ID Number: 138-30-03-009.00

Group:

Prior Instrument: Deed Book 469, Page 346 of the Whitley County Clerk’s Office

Beginning at a stake on the north side of Seventeenth Street at the W.M. Hughes corner; thence northward with the said Hughes line 142 ½ feet to said Hughes corner at an alley; thence westward with said alley 50 feet to a stake; thence southward running parallel to first line; 142 ½ feet to a stake at the edge of Seventeenth Street; thence eastwardly with Seventeenth Street fifty (50) feet to the beginning, and being Lot #3 in Block “C” Lincoln Park Addition to the City of Corbin.

Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.

Being the same property conveyed from Ronald Gary Monhollen and his wife, Ina Monhollen, to Gary Jensen, and his wife, Wanda Jensen, by virtue of a deed dated 05/19/2006 and recorded on 05/23/2006 at Deed Book 469, Page 346 of the Whitley County, Kentucky real estate records.

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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, then, and in that event, they may take a credit upon its judgment, 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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 11-CI-00712

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. EARL INMAN; UNKNOWN SPOUSE OF EARL INMAN; DEBORAH WATERS; UNKNOWN SPOUSE OF DEBORAH WALTERS; JELLICO COMMUNITY HOSPITAL; and WHITLEYCOUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 6, 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, Earl Inman and Deborah Walters, plus costs, is as follows:

(1) The Defendants, Earl Inman and Deborah Walters, are indebted to the Plaintiff, Vanderbilt Mortgage and Finance, Inc., in the sum of $80,035.77, with interest thereon at the contract rate of 11.09% per annum from December 23, 2011 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 2003 Clayton Mobile Home, Serial No. CLH028856TNAB currently situated on the real property and shall be included with the real property.

Said property address is: 440 Jims Lane, Corbin, KY 40701.

The property to be sold is as follows:

The Following described real property situated in Whitley County, Kentucky, and more particularly described as follows:

LOT 1:

Beginning on a stake at the edge of Jim’s Lane; thence Southward with Jim’s Lane 135 feet to a stake at edge of said Lane, a corner of Carolyn Mills; thence Westward with the Mills’ line 300 feet to a stake at the branch; thence with Field’s line 135 feet to a stake, a corner of the Tucker property; thence Tucker’s line about 330 feet to the point of BEGINNING.

LOT2:

BEGINNING on a stake on the bank of Jim’s Lane, (the old County Road), a corner of Meary Jane Harris property line; thence Northward with the said road 125 feet to a stake, a corner of Luther Tucker; thence Westward with the said Tucker line 295 feet to a stake at the branch; thence down said branch 125 feet to a stake, a corner of Meary Jane Harris property line; thence with her line Eastward 295 feet to the point of BEGINNGING.

Being the same property conveyed by Deed to Earl Inman, single, and Deborah Walters, single, from Jeanetta Earls, single, dated August 8, 2008, recorded August 18, 2008, in Deed Book 485 at Page 310, of records in the Office of the Clerk of Whitley County, Williamsburg, 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. Included in the sale is a mobile home currently situated on the real property described as a 2003 Clayton Mobile Home, Serial No. CLH028856TNAB.

3. 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, 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.

4. 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.

5. 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.

6. 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.

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

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 11-CI-00900

21ST MORTGAGE CORPORATION, PLAINTIFF, VS. JOSEPH C. SUTTON, JR.; CHRISTY L. SUTTON; 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, Joseph C. Sutton, Jr. and Christy L. Sutton, plus costs, is as follows:

(1) The Defendants, Joseph C. Sutton, Jr. and Christy L. Sutton, are indebted to the Plaintiff, 21st Mortgage Corporation, in the sum of $103,740.13 as of October 16, 2011, with interest thereon at the contract rate of 7.25% per annum, for all of which 21st Mortgage Corporation shall have judgment in rem, together with interest and the costs of this action:

(2) There is a 2007 Cavalier Mobile Home, Serial No. CV07AL0461121AB currently situated on the real property and shall be included with the real property.

Said property address is: 320 Johnny Miller Road, Williamsburg, Kentucky 40769.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Being on a stone on Highway 92 and road leading to G.G. Teague’s Farm; thence with Teague Road to Luther Russell’s line; thence with Russell’s line N.W. to a stone; thence west up hill to a stone at Old County Road leading from Williamsburg; thence South across and down hill to a stone at Highway 92; thence with said highway to Beginning.

Being the same property conveyed to Joseph Sutton and Christy Sutton, a married Couple, by deed dated October 31, 2007, of record in Deed Book 480, Page 652, in the Office of the Whitley County Clerk.

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. Included in the sale is a mobile home currently situated on the real property described as a 2007 Cavalier Mobile Home, Serial No. CV07AL0461121AB.

3. 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, 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.

4. 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.

5. 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.

6. 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.

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