Legal Notices for 3/4/15, page 3

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

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

Being the same property conveyed from Huddleston Homes, Inc., a Kentucky Corporation to Shawn T. Hopkins and Courtney F. Hopkins, husband and wife with right of survivorship by virtue of a deed dated 04/12/2011 and recorded on 04/18/2011 at Deed Book 501, Page 445 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% per annum from the date of sale until paid.  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 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, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.            

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 09-CI-00009

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. THOMAS J. MOORE; KATHLEEN R. MARTIN; UNKNOWN SPOUSE OF THOMAS J. MOORE, IF ANY; UNKNOWN SPOUSE OF KATHLEEN R. MARTIN, IF ANY; RHONDA SUZANNE MOORE; JAMOS FUND I, LP; COMMONWEALTH OF KY, INTERNAL REVENUE SERVICE; COUNTY OF WHITLEY; CITY OF CORBIN, DEFENDANTS.

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 15, 2014, and a subsequent Order entered January 20, 2015, 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, February 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Thomas J. Moore, Kathleen R. Martin and Rhonda Suzanne Moore, plus costs is as follows:

(1) The amount of $705.67 for the tax years 2004 and 2005, plus accrued statutory simple interest thereon at the rate of 12% per annum from the date of assignment of the Certificate of Delinquency to the Tax Ease until paid; and for expenses, costs and attorney fees incurred herein.

The real property that is the subject to this action is known as 1201 South Main Street, Corbin, KY 40701, Parcel/Map ID# 137-40-170-010.00, and is more fully described as follows:

REAL ESTATE SITUATED IN WHITLEY COUNTY, KENTUCKY, TO WIT:

Lot and Building fronting South Main Street about 55 feet being the same more or less and running back 105 feet being the same more or less, being the balance of the lot after deducting what Jeanie Woods has bought heretofore.

BEING the same land conveyed to Thomas J. Moore and Kathleen R. Martin by Warranty Deed dated December 30, 1991 from David Myers and his wife, Vickie Myers, recorded in Deed Book 352 at Page 508 of the Whitley County Court Clerk’s Office

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent (1/3%) 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% per annum from the date of the sale until paid.  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, and should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its judgment, and in that event, no down 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.            

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 11-CI-00473

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. CHARLES HELTON; LINDA HELTON; THE BANK OF NEW YORK MELLON; CAPITAL ONE BANK, NA; WHITLEY COUNTY AND COMMONWEALTH OF KENTUCKY DIVISION OF COLLECTIONS, DEFENDANTS.

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 15, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Charles Helton and Linda Helton, plus costs is as follows:

(1) The sum in the amount $279.16 for acquisition costs of the 2008 tax bill, plus twelve percent (12%) interest per annum from August 26, 2009; plus an administration fee of $100.00; plus pre-litigation fees of $279.16; plus $293.16 in acquisition cost of the 2009 tax bill, plus twelve percent (12%) interest per annum from August 24, 2010; plus an administration fee of $100.00; plus pre-litigation attorney fees of $79.50; plus actual and reasonable attorney’s fees of $1,457.00; plus $327.95 in filing fees, court costs and service costs; plus $300.00 in additional attorney’s fees, and $200.00 in legal expenses, and all other costs herein expended; and compounded judicial interest of twelve percent (12%) per annum from the date herein until paid upon all amounts and sums due herein.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 2385 Highway 26, Williamsburg, KY 40769.

Map ID #: 126-00-00-032.00.

BEGINNING at a stone at the intersection of the Creekmore private road and Hwy#26; thence with said Hwy right of way in a northern direction to a water birch; thence a NW direction to a hickory in the Creekmore private road right of way; thence with said right of way in a northern direction bank of HWY 26 to the point of BEGINNING.

Being the same property conveyed to Charles Helton and Linda Helton, by deed dated June 28, 1999, recorded in Book 428, page 496, Office of 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 one-third percent (1/3%) 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% per annum from the date of the sale until paid.  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, and should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its judgment, and in that event, no down 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.            

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00681

TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. JAMES SILER; CAPITAL ONE BANK (USA) NA; UNKNOWN SPOUSE OF JAMES SILER, IF ANY; UNKNOWN OCCUPANTS OF 0 BEVERLY ROAD; COMMONWEALTH OF KY, COUNTY OF WHITLEY, DEFENDANTS.

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 3, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, James Siler, plus costs is as follows:

(1) The amount of $313.34 for the tax year 2009, plus accrued statutory simple interest thereon at the rate of 12% per annum from the date of assignment of the Certificate of Delinquency to the Tax Ease until paid; and for expenses, costs and attorney fees incurred herein.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 0 Beverly Road, Corbin, KY 40701.

Map ID #: 084-00-00-026.01.

REAL ESTATE SITUATED IN WHITLEY COUNTY, KENTUCKY, TO-WIT:

Being Tract No. 1, Lot #3: Beginning at a stake at the northeast corner of the intersection of Davis Road and Beverly Road; thence with Beverly Road North 25 degrees 51’ 00” East a distance of 58.45 feet to a stake; thence with same North 23 degrees 39’ 00” East a distance of 149.19 feet to a stake; thence North 78 degrees 08’ 35” East a distance of 333.99 feet to a stake at the west edge of the upper road; thence with the road South 37 degrees 26’ 30” East a distance of 31.98 feet to a stake; thence South 26 degrees 38’ 01” West a distance of 274.60 feet to a stake at the north edge of Davis Road; thence with the road North 87 degrees 35’ 37” West a distance of 308.81 feet back to the point of beginning, containing 1.6494 acre by survey.

Being the same property in which James Siler, acquired an interest by virtue of a General Warranty Deed, dated September 27, 1996, of record in Deed Book 388, Page 377, 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 one-third percent (1/3%) 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% per annum from the date of the sale until paid.  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, and should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its judgment, and in that event, no down 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 all subsequent years after purchase.  All taxes or assessments upon the property for the current year and all 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.            

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-092

Everbank, Plaintiff, VS. Verna Jones (deceased); Charles Jones; Floyd Jones; Unknown Heirs of Verna Jones, Defendants.

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 10, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $14,432.74, plus interest on the principal sum at the rate of 6.875% per annum from September 1, 2013 until paid; plus costs and fees; plus reimbursement for attorney’s fees; plus sum 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 and Mortgage.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address:  960 East Highway 92, Williamsburg, KY 40769.

Parcel No.: 128-00-00-077.00

A certain tract or parcel of land lying in Whitley County, Kentucky on Cumberland River:

Beginning on a corner of Quillen Hamblin lot; thence running up his line to the old county road on top of cliff; thence running a western direction with Wm. Bull’s line 175 feet to a stone corner; thence SE down the hill about 175 feet, more or less, to the highway right of way line; thence with the upper side of the highway line to the beginning.

Being the same property conveyed to Verna Jones, no marital status shown who acquired title by virtue of a deed from T. E. Monhollen and his wife, Maude Monhollen, dated June 19, 1979, recorded June 28, 1979, at Deed Book 280, Page 83, Whitley County, Kentucky records

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 down (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 thirty (30) days with interest at 12% per annum from the date of sale until paid.  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 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, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.            

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 14-CI-00566

FIRST STATE FINANCIAL, INC., PLAINTIFF VS: HARVEY’S CHEVRON, INC., A/K/A HARVEY’S CHEVRON, A/K/A HARVEY’S TOWING SERVICE, INC.; HARVEY J. ALDER, A/K/A HARVEY ALDER, single; CITY OF WILLIAMSBURG KENTUCKY; WILLIAMSBURG INDEPENDENT SCHOOL DISTRICT; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

RE-NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 15, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Harvey’s Chevron, Inc., a/k/a Harvey’s Chevron, a/k/a Harvey’s Towing Service, Inc.; Harvey J. Alder, a/k/a Harvey Alder, plus costs, is as follows:

(1) The sum in the amount of $297,416.05 as of October 2, 2014, plus interest thereon at the rate of 6% per day until date of judgment and thereafter at 12% per annum until paid in full.

(2) There is a 1984 Mansion 13×66 VIN-MG13241 that will be sold with the real property.

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

DEED I:       

ADDRESS:  1531 CRIPPLE CREEK ROAD, WILLIAMSBURG, KY 40769

15 acres, more or less and bounded as follows, viz:  BEGINNING at Highway I-75 on the Cripple Creek road, going in an easterly direction to the corner of the Sam Sutton property; thence N.W. to Highway I-75; thence South with Highway I-75 to the BEGINNING.

BEING THE SAME PROPERTY conveyed to Harvey Alder by deed from Harry J. Alder and wife, Sharon S. Alder, dated October 23, 2003, recorded in Deed Book 447, Page 611 of the Whitley County Court Clerk’s Office.

DEED II:      

ADDRESS:  677 S. HIGHWAY 25 W, WILLIAMSBURG, KY    40769

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

BEGINNING at a corner fence post on the north side of G.G. Teague’s driveway; thence S 57° 57’ E about 61.2 feet to the right of way of U.S. Highway 25W; thence with said right of way N 15° 15’ E, 228 feet to a fence post where the land of G.G. Teague corners on said right of way; thence S 57° 24’ W, 103.7 feet to a stake thence S 16° 28’ W, 60 feet to a  fence post in G.G. Teague’s division fence; thence with said division fence, S 69° 4’ E, 15.9 feet to a corner fence post; thence with a fence line S 18° 8’ W, 72 feet to the BEGINNING.

Grantors further grant and give to the Grantee, its successors and assigns, the right and privilege of locating a septic tank on property to the west of the above lot, and of running a drain line or lines therefrom westward to Cumberland River, together with the perpetual right of ingress and egress to and from said tank and lines for the purpose of keeping them in good order.  The location of the tank and lines to be selected by the Grantee.

BEING THE SAME PROPERTY conveyed to Harvey J. Alder by deed from Disel Buhl, unmarried, dated December 4, 2006, recorded in Deed Book 473, Page 617 of the Whitley County Court Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down 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% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.            

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 13-CI-310

U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSMPS Mortgage Loan Trust 2005-RP3, Plaintiff, VS. Karen M. Helton aka Karen Helton; Rema W. Helton aka Remy Helton; United States of America – c/o Attorney General; United States of America – c/o U.S. Attorney (KY- Eastern); Commonwealth of Kentucky – Finance and Administration Cabinet, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 16, 2013, and a subsequent Order entered November 21, 2013 Amending the Judgment and Order of Sale, and a subsequent Orders entered August 18, 2014 and November 17, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 16, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Karen M. Helton aka Karen Helton and Rema W. Helton aka Remy Helton, plus costs, is as follows:

(1) The principal sum in the amount of $27,451.20, plus interest from 10/1/12 in the amount of $1,328.42, plus late charges in the amount of $301.20, plus property inspection fees in the amount of $385.41, plus escrow balance credit in the amount of $302.49, for a total in the amount of $29,163.74 together with interest at the rate of 7.0000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,700.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1465 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on a stake, at the corner of Cledia Faulkner’s and Gracie Cain’s line; thence at the old country road; thence S 46 W 200 feet; thence S 56 W 200 feet; thence S 76 W 244 feet; thence N 50 W 100 feet; thence N 41 W 280 feet to a sweet gum tree corner; thence S 37 E 300 feet; thence S 63 E 100 feet to a stake; thence N 62 E 100 feet; thence N 65 E 100 feet, N 55 E 100 feet, N 65 E 100 feet to the beginning.

Being the same property conveyed to Karen M. Helton and Rema W. Helton, wife and husband, by deed dated November 30, 2001 and recorded December 01, 2001 in Deed Book 431 Page 281 in the Office of the Whitley County Court 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. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third percent down (1/3%) 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% per annum from the date of sale until paid.  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 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, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 24th day of February, 2015.              

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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