Legal Notices for 3/6/13, page 5

following parcels of land lying immediately adjacent to the above-described parcel, on the side, to the width and between the stations shown below:

Parcel: (a) From: 334X45 To: 338×00 Width: 20’ Side: left; Parcel: (b) From: 334×45 To: 341×50 Width: L&N Prop Line Side: right; Parcel: (c) From: 338×00 To: 340×50 Width: 30’ Side: left; Parcel: (d) From: 346×50 To: 348×58; Width: 15’ Side: right

There is also excepted from the above described tract of land all that certain tract or parcel of land heretofore sold and conveyed by the parties to Tom Byrd and wife, Clara Byrd, and their son, Lewis Byrd, by Deed of General Warranty January 31, 1949, and recorded in Deed Book 171, page 83, which is described as follows:

BEGINNING on an iron stake in the line of L&N Railroad Company right of way; thence in a westerly direction 166 feet to a black oak in the line of Eugene Hayes and U.S. Highway 25 W (new survey); thence 250 feet south along U.S. Highway 25W to a black oak, thence easterly direction 95 feet to the line of the L&N right of way; thence 153 feet back to the iron stake at the BEGINNING, with the said L&N right of way.

There is also excepted from the above parcel conveyed to James E. Foley and Kenneth Joe Foley by Audie Partin and wife, Peggy Sue Partin, by deed dated May 31, 1977, recorded in Deed Book 268, Page 141, Whitley County Clerk’s office.

SECOND TRACT:  Also a certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Clear Fork River and being bounded as follows:

BEGINNING on the north corner of Lot No. 1, by old road; thence south course with line of Lot No. 1, to the river and a stone; thence S.W. up said river 240 feet and 8 inches to a stone; thence N.E. course a straight line to a stone and agreed corner on south side of old road; thence with said road a south course 265 feet to a stone the BEGINNING corner.

There is excepted from the above parcel a certain tract or parcel of land conveyed to Gladys Hatmaker, et al., by Audie Partin and wife, Anna Mae Partin by deed dated 2-16-67 and recorded in Deed Book 221, Page 617, Whitley County Court Clerk’s office.

There is also excepted from the above parcel a certain tract conveyed to Frank Bryant and wife, Beulah Bryant, by Audie Partin and wife, Anna Mae Partin, by deed dated 2-16-67 and recorded in Deed Book 221, Page 619, Whitley County Clerk’s office.

Also excepted from the above tract is a parcel conveyed to J.W. Sharp and wife, Nola Sharpe, by Audie Partin and wife, Anna Mae Partin, by deed dated 7-29-67 and recorded in Deed Book 223, Page 348, Whitley County Clerk’s office.

BEING ALL THE SAME LAND acquired by Mortgagor by deed from Eric M. Hatfield, dated April 1, 2008, recorded in Deed Book 482, Page 674 of the Whitley County Court Clerk’s Office.  See also Affidavit of Descent of Virgil Hatfield, recorded April 1, 2008 in Deed Book 482, Page 674 of the Whitley County Court Clerk’s Office.   See also Affidavit of Descent of Virgil Hatfield, recorded April 1, 2008 in Deed Book 482, Page 672 of the Whitley County Court Clerk’s Office.  See Affidavit of Descent of Mark L. Hatfield who died intestate on September 3, 2012, recorded in Deed Book 512, Page 495 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 with the balance in 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and 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 25th day of February, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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