Legal Notices for 4/10/13, page 1

 

 NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Denali Energy Group, LLC 121 Prosperous Place Suite 13-B Lexington KY 40509 has applied for a Phase I Bond Release on Permit Number 918-0431 which was last issued on August 2011.  The application covers an area of approximately 34.4 acres located 1.20 miles north of Louden in Whitley County.

The proposed area is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The Latitude is 36°46’21”and the Longitude is 84°02’49” and is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map.

The bond now in effect for increments 1,2,3,4,5,6,7,8,9,and 10 is a total of $114,600 which is cash bond,  Approximately 60% of the original bond amount of $114,600 is included in the application for release.

Reclamation work performed includes: Backfilling, grading, fertilizing, seeding, and mulching was completed in January of 2009.

This is the final advertisement of the application. Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by    May 17, 2013 @ 9:00am.

A public hearing on the application has been scheduled for May 20, 2013@ 9:00am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, Regional State Office Building, 1804 E Cumberland, Middlesboro, KY 40906.  The hearing will be canceled if no request for a hearing or informal conference is received by May 17, 2013 @ 9:00am.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0460

In accordance with KRS 350.055, notice is hereby given that Blue Gem Inc. 1009 Lark St. Suite 1A, Johnson City, TN. 37604 has applied for a surface coal mining and reclamation operation located 1.20 miles north of Louden in Whitley County.  The permit  will consist of  48.12 acres of surface disturbance and will underlie an additional 22.66 acres making a total area of 70.78 acres within the amended permit boundary.

The proposed permit area is approximately 0.41 miles northeast from KY 92 junction with Whetstone Road and located 0.2 miles west of Whetstone Creek. The Latitude is 36°45’27”and the Longitude is 84°01’50”.

The proposed permit is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map. The surface area to be disturbed by the permittee  is owned by Ada Powers and Danny Bunch. The auger area will underlie land owned by Ada Powers and  Danny Bunch. The operation will use the coutour/area and auger methods of surface mining. 

This is the final advertisement of this application; all comments, objections, or requests for a permit conference must be received within thirty (30) days of today’s date. The amendment application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 E. 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.

 

 

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0453

In accordance with KRS 350.055, notice is hereby given that Blue Gem Inc. 1009 Lark St., Johnson City, TN. 37604 has applied for a permit for a surface and auger coal mining and reclamation operation located in the Corn Creek  Community  in Whitley County. The proposed operation will add 45.48 acres of surface disturbance and will underlie an additional 82 acres making a total area of 127.48 acres within the permit boundary. 

The proposed operation is located approximately 1.43 miles southwest from ky 1064  junction with McNeil-Corn Creek  Road and located 1.06 miles  south of the Corn Creek. The latitude is 36° 51’ 43” and the Longitude is 84° 05’ 36”.

The proposed operation is located on the Rockholds  U.S.G.S. 7 1/2 minute topographical quadrangle maps. The operation will use the   auger methods of surface mining. The surface and underground area is owned by Simon M. Vanderpool.  

The application has been filed for public inspection at the Department for Surface  Mining Reclamation and Enforcement’s 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.

 

Notice of Blasting Schedule

Mountainside Coal Co. 7692 S. Highway 25W, Williamsburg, Kentucky 40769, Phone Number (606) 786-7277 gives notice that blasting operations will be conducted on its coal mine permit 918-0423, located at Hatfield Gap near Pearl, Kentucky. More specifically near Wheeler Creek and Tiny Branch Spur tributaries in Whitley County. Blasting will be done daily. No blasting will be conducted before sunrise or after sunset. At least 10 minutes before the blast, access to the area will be controlled by Company personnel. There will also be state and county roads that will have to be blocked just before, during, and shortly after blasting in some areas. The roads that are affected by this are Rt 1595 south of Wheeler Creek, RT 190 at Tracy Branch, Tiny Branch Spur road just below the end of public maintenance. At those times and locations Mountainside Coal Company or other designated officials will be in place to stop the flow of traffic. The permittee will also use audible signals to notify all persons residing or regularly working within one-half mile of the blasting site. The blasting schedule will be in effect from April 2013 to April 2014.

Before each blast is detonated the following types of audible warning will be given: The warning signal will consist of a series of three long sounds of a siren given five minutes prior to the blast signal. The blast signal will be given one minute prior to detonation, and consist of a series of three short sounds of a siren. The all-clear signal after blasting will be one prolonged blast of a siren following the inspection of the blast area. Blasting will not be conducted at times different from those given above except in emergency situations where rain, lightning, other atmospheric conditions, or operator or public safety requires unscheduled detonation. Prior to these detonations, the following audible warning will be given: five minutes prior to the blast signal a series of three long sounds of a siren; one minute prior to the blast a series of three short sounds of a siren. The all-clear signal after blasting will be one prolonged blast of a siren following the inspection of the blast area. Also prior to detonation in emergency situations the permittee, using audible signals will notify all persons residing or regularly working within one-half mile of the blasting site.

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Ruth Napier, 3141 Hwy. 26, Corbin, KY 40701 was appointed administratrix for the estate of Thomas G. Napier (deceased), on March 4, 2013, no att for said estate; Melanie Carol Burkart, 100 Walden Ave., Corbin, KY 40701, was appointed administratrix for the estate of Tabitha Nicole Muncy (deceased), on March 4, 2013, Christopher Douglas, 1222 1/2 N Main St., London, KY 40741 is att for said estate; James Edward Eaton, 437 Cleft Rock Road, Mount Vernon, KY 40456 has been appointed administrator for the estate of Virginia Anne Eaton (deceased), on March 4, 2013, no att for said estate; Shirley Ann Inman, PO Box 53, Woodbine, KY 40771 was appointed administrator for the estate of John Robert Inman (deceased), on March 25, 2013, Jason Price, 225 Main Street, Suite 1A, Williamsburg, KY 40769 is attorney for said estate.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 29th day of March, 2013.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS – WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Mark Allen Hamilton has filed the final settlement for the estate of Christopher Stephen Hamilton; Ann Day Davis has filed the final settlement for the estate of Lamar Ramsuar Jones.

Exceptions, if any, must be filed prior to May 6th, 2013.

The Hearing will be held at Whitley District Court, 805 South Main Street, Corbin, KY 40701.

Given under my hand this 29th day of March, 2013.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS – WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Randy Hutton, East Bernstadt, KY 40729 and Terri Anderson, 5248 Tom Cat Trail, London, KY 40741 have been appointed Administrator over the estate of James C. Hutton, Jr., deceased.

Danny Ray Sweet, 103 Faye St., Berea, KY 40403 has been appointed Executor over the esatate of Roy Sweet, deceased.

Robert Lambdin, 557 Egnor Hollow, Rockholds, KY 40759 has been appointed Executor over the estate of Arivlee Lambdin, deceased.

John E. Hill, 1759 Croley Bend Rd., Williamsburg, KY 40769 has been appointed Administrator over the estate of Sandra Kay Hill, deceased.

Eldon Wayne Bird, 338 Becks Creek Rd., Williamsburg, KY 40769 and Iris Gwen Harp, 3439 Hwy. 26, Corbin, KY 40701 have been appointed executor over the estate of Mattie Moses Shelley, deceased.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS – WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-00649

Bank of America, N.A.,  PLAINTIFF, VS. Earl Farris aka Earl W. Farris; Shirley Farris; Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., its successor and assigns; KY Lien Holdings, LLC; DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 18, 2013, 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 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Earl Farris aka Earl W. Farris and Shirley Farris, plus costs is as follows:

(1) The principal sum in the amount of $81,829.60, plus interest on the principal sum at the rate of 5.625% per annum from July 1, 2011 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 following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 802 18th Street, Corbin, Kentucky 40701.

Parcel Number:  138-10-13-005.00

The following described real estate in Whitley County, Kentucky, to-wit:

Beginning at a stake, at a culvert running under U.S. Highway and which stake is in the West line of said highway; thence Eastwardly with the West boundary line of U.S. Highway 25 W 171 feet to a stake in the West line of U.S. Highway 25, a utility pole and the South line of Archer Street; thence Northward a straight line with Archer Street 150 feet to a stake in the center of a ditch drain line; thence Westward with William A. and Mabel Hood line and continuing with Florence Johnson line a distance of 150 feet to a stake, Carrie Wallen line, and branch; thence Southward with Carrie Wallen line and branch line 204 feet to a stake at culvert, the Beginning.

Excepting therefrom so much as was conveyed to the Commonwealth of Kentucky in Deed Book 372, Page 213, in the Office of the Clerk of Whitley County, Kentucky. 

Being the same property conveyed to Earl Farris and Shirley Farris, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Emma R. Davenport Colgan, and her husband William Colgan, dated April 22, 2004, filed April 22, 2004, recorded in Deed Book 452, Page 138, County Clerk’s Office, 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 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 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 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 26th day of March, 2013.

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. 12-CI-00374

PNC Bank, National Association successor by merger to National City Mortgage a division of National City Bank, Plaintiff, VS. County of Whitley;  Unknown Defendants, who are the Heirs or Devisees or Legatees of Rick A. Helton & their Spouses and any Unknown Person who may have an interest in the Property which is the subject matter of this action; Kayla Helton; Unknown Defendant, Spouse of Kayla Helton, Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 18, 2013, 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 15, 2013, 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 $60,825.43, plus interest from 09/1/11 in the amount of $3,759.76, plus advances in the amount of $2,331.50, plus insurance (negative escrow) in the amount of $1,009.00, plus late charges in the amount of $165.04, for a total in  the amount of $68,090.73, together with interest at the rate of 6.8750 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 $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

(2) There is a manufactured home located on the property, which is to be sold with the land.  The manufactured home is permanently affixed to the land.

Property Address: 175 West Hinkle Street, Corbin, KY 40701.

Being all of the same property conveyed to Mortgagor by Deed dated January 15, 1985 from Virgie Alma Helton, a widow, and recorded in Deed Book 307, Page 205 Office of the Whitley County Court Clerk and being more particularly described as follows:

BEGINNING on a stone on Hinkle Street 24 feet from Perry Steel’s line on opposite side of said street and 337 feet from Letcher Bolton’s S.W. corner; thence N. 40 E. 200 feet to a stone; N. 24-3/4 E. 387 feet to a stone; thence N. 12½ E. about 450 feet to a Sycamore on Lynn Camp Creek, thence down with meanders of said Creek about 350 feet to a bunch of alders at the end of an island, thence S. 823 feet to a stone; thence a westerly direction 230 feet to corner of Lot 21; thence a S.W. direction 535 feet to the S.E. corner of Lot 1; thence 230 feet to the Beginning. Said line is along Hinkle Street and said Street is 24 feet wide.

EXCEPTION I:

There is excepted from the above description that part of said description which was sold to Effilee McHargue and her husband, Cecil McHargue on September 15, 1951, by deed of Virgil Helton and wife, Arah Helton, Deed Book 181, page 409, Whitley County Court Clerk’s Office, said being bounded and described as follows, to-wit:

BEGINNING at a stake in the north line of Hinkle, Lawrence, Prewitt line; thence Northward with Prewitt line 80 feet to a stake; thence Eastward 180 feet to a stake; thence Southward 80 feet to a stake in the line of Hinkle Street; thence Westward with Hinkle Street 150 feet to the Beginning.

EXCEPTION II:

There is excepted from the above description that part of said description which was sold to Clem F. Helton and wife, Jackie Helton by deed of Virgil Helton and wife, Virgie Alma Helton, dated July 2, 1960, Deed Book 200, page 649, Whitley County Court Clerk’s Office, and being bounded and described as follows, to-wit:

BEGINNING at a stake in the north line of Hinkle Street at the southeast corner of the McHargue lot; thence North with the McHargue line 80 feet; thence Eastward, parallel with Hinkle Street 50 feet to a stake; thence Southward 80 feet to a stake in the North line of Hinkle Street; thence Westward along the north line of Hinkle Street 50 feet to the Beginning.

EXCEPTION III:

There is excepted from the above described property that certain tract conveyed by Virgie Alma Helton to Debbie Abrams by deed dated January 15, 1985, recorded in Deed Book 307, page 201, Whitley County Court Clerk’s Office and being more particularly described as follows to-wit:

BEGINNING at a stake at the edge of Hinkle Street (also known as Fairview Street) at the corner of the property owned by City Utilities Commission; thence with Hinkle Street in a Northwesterly direction 150 feet to a stake, a corner of the property this date conveyed by the grantor to Cathy Helton; thence with Cathy Helton’s Line in a Northeasterly direction 210 feet to a stake in the line of the property this date conveyed by grantor to Rick Helton; thence with the Rick Helton line in a Southeasterly direction 150 feet to a stake in the edge of the City Utilities Commission property; thence with the fence line of the City Utilities Commission line in Southwesterly direction 210 feet to the beginning.

EXCEPTION IV:

There is excepted from the above described property that certain tract conveyed by Virgie Alma Helton to Cathy Helton by deed dated January 15, 1985, recorded in Deed Book 307, page 203, Whitley County Court Clerk’s Office and being bounded and described as follows, to-wit:

BEGINNING at a stake at the edge of Hinkle Street (also known as Fairview Street) a corner of the property this date conveyed by grantor to Debbie Abrams; thence with Hinkle Street in a Northwesterly direction 105 feet to a stake in the Virgil H. Helton line; thence with the Virgil H. Helton line in a Northwesterly direction 210 feet to a stake in the line of property this date conveyed by grantor to Rick Helton; thence with the Rick Helton line in a Southeasterly direction 105 feet to a stake, corner of Debbie Abrams; thence with Debbie Abrams line in a Southwesterly direction 210 feet to the Beginning.

EXCEPTION V:

There is excepted from the above described property that certain tract conveyed by Virgil Helton and his wife, Virgie Alma Helton, to Virgil H. Helton by deed dated October 26, l964, recorded in Deed Book 217, pages 532-33, Whitley County Court Clerk’s Office and being bounded and described as follows, to-wit:

BEGINNING at a stake in the north line of Hinkle Street, which stake is located 14 feet east on the McHargue lot; thence eastward with the north line of the Hinkle Street 100 feet to a stake; thence northward 130 feet to a stake; thence westward 100 feet to a stake, thence southward 130 feet to a stake; the Beginning.

RIGHT-OF-WAY:

There is also conveyed to the Grantee herein a 14 feet right-of-way between the Virgil H. Helton and the McHargue (now Bill and Dorothy Centers) lots, for purposes of egress and ingress to the property conveyed herein, which right-of-way connects said property with Hinkle or Fairview Street.

Being the same property conveyed by Virgie Alma Helton, unmarried widow, to Rick Helton, by deed dated January 15, 1985 and recorded on January 15, 1985 at Deed Book 307, Page 205 of the Whitley County Clerk’s records.

Being the same property further conveyed by Donna R. Helton, unmarried woman, to Rick Helton, unmarried man, by deed dated October 15, 2008 and recorded on October 21, 2008 at Deed Book 486, Page 481 of the Whitley County Clerk’s 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 one-third (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%.  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 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 26th day of March, 2013.

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. 12-CI-00402

Deutsche Bank Trust Company Americas, as Trustee for RALI 2005-QS7, Plaintiff, VS. Sherry Bowen; Century Lending Company; Darian Bowen; Robert Baker; Trish Baker; Frankie Baker; April Baker; Unknown Defendants, who are the Heirs or Devisees or Legatees of Juanita Hendrickson & their Spouses and any Unknown Person who may have an interest in the Property which is the subject matter of this action, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2013, 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 15, 2013, 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 $49,228.24, plus interest from 01/1/12 in the amount of $1,501.17, plus advances in the amount of $260.99, plus late charges in the amount of $66.96, plus property inspection fees in the amount of $61.75, plus Brokers Price Opinion in the amount of $83.00, plus Escrow/Suspense Credit in the amount of -$237.67, for a total in  the amount of $50,964.44, together with interest at the rate of 6.2500 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 $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1028 Gordon Hill Pike, Corbin, KY 40701.

Beginning at an iron pin set on the N margin of Gordon Hill road 65.0 feet W of the Otis Johnson corner, Deed Book 316, Page 218, thence leaving the road and with Lot One of Tract #1 N 17-16 E 210.16 feet to an iron pin; thence N 80-00’ West 43.00 feet to an iron pin, corner of Lot #1 of Tract #2, thence S 25 – 30’ 04” W 184.74 feet to an iron pin set on the N margin of Gordon Hill Road; thence S 66 – 00’ E 65.00 feet with the N margin of Gordon Hill Road to the point of beginning, containing 0.23 acres.

Being the same property that Juanita Hendrickson, single, obtained title to by deed dated April 28, 2005, of record in Deed Book 461, page 46, in 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 (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%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event GMAC Mortgage, LLC 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 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 26th day of March, 2013.

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. 12-CI-00663

The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-5, Plaintiff, VS. James Sulfridge; Christina Sulfridge; Household Finance Corporation II; Countrywide Home Loans, Inc., Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2013, 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 15, 2013, 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 $75,017.73, plus interest from 09/1/07 in the amount of $28,942.01, plus advances in the amount of $19,315.92, for a total in  the amount of $123,275.66, together with interest at a variable percentage rate 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 $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 484 North 11th Street, Williamsburg, KY 40769.

BEGINNING at a utility pole stump in the east right-of-way line of Old Croley Bend Road; thence N 53 degree W along east right-of-way line of said Old Croley Bend Road (17’ from center line of paving) – 142.0’ to an iron pipe; thence along Bertha Richardson south and east property line N 49 degree 15’ E-100.0’ to a stone; thence S 41 degree E to the Bill Childress line at a branch; thence in a southwesterly direction with the branch to a utility pole stump, the beginning.

EXCEPTION: Excepted from the above property and not conveyed herein are all easements heretofore granted by the party of the first part and all previous owners of the above-described property, including, but no limited to the Right-of-way Easement conveyed to Martha Garland to Henry and Ota Pennington on September 10, 1970.

Being the same property conveyed to James Sulfridge and Christina Sulfridge, husband and wife, from C. Ray Martin and Pamela Martin, husband and wife, by deed dated May 16, 2005 and recorded May 18, 2005, in Deed Book 461 and Page 240, in 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 (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%.  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 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 26th day of March, 2013.

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-189

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC,  Plaintiff, VS. Kory J. Donlon; Karen S. Donlon, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, and a subsequent Order entered March 18, 2013, 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 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kory J. Donlon and Karen S. Donlon, plus costs, is as follows:

(1) The principal sum in the amount of $68,313.14, plus interest from 07/1/10 in the amount of $6,708.02, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,533.59, plus property inspection fees in the amount of $70.00, plus BPO in the amount of $78.00, plus property preservation in the amount of $14.00, plus late charges in the amount of $150.24, for a total in the amount of $77,866.99, together with interest at the rate of 5.7500 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 $1,100.00, 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: 1016 West 5th Street, Corbin, KY 40701.

Beginning at a stone on south side of Fourth Street and running west about 60 feet more or less to a stone at Staniford’s line; thence with said Staniford’s line or fence south 19 1/2 poles more or less to a stone, thence east 62 feet more or less to an alley; thence north 19 1/2 poles more or less with said alley to the beginning.

BUT THERE IS EXCEPTED FROM THE FOREGOING that portion sold to Paul Green and Mae Green by deed dated March 31, 1956, and bounded and described as follows:

Beginning at a stone in Gibbs and Standifer line going north 84 feet to Fourth Street; then with Fourth Street east 65 feet more or less to alley; thence south with alley 76 feet to a stone; thence west 65 feet more or less to the beginning.

Being the same land conveyed to Kory J. Donlon and wife, Karen S. Donlon by Angela Siler f/k/a Angela Wade and husband Larry Siler by deed dated the 27 day of July, 2005, and of record in Deed Book 463, Page 174, 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 (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%.  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 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 26th day of March, 2013.

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. 12-CI-00272

FORCHT BANK, NA, PLAINTIFF, VS. MARY A. ROSE-WILSON and her Husband, STANLEY WILSON; 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 June 11, 2012, and a subsequent Order entered February 18, 2013, 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 15, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Mary A. Rose-Wilson, plus costs, is as follows:

(1) The sum in the amount of $35,560.30, as of May 31, 2012, plus interest at a rate of 9.59% per annum until the date of Judgment and thereafter at the maximum judgment rate until paid.

(2) There is a 2009 Fleetwood Sandalwood Mobile Home, VIN No. TNFL827A33345SW12 currently situated on the real property and shall be included with the real property.

The property to be sold is as follows:

PROPERTY ADDRESS:   8100 Lot Mud Creek Road, Williamsburg, KY 40769.

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

BEGINNING on a rock the corner of the Berry Rose farm, running with Jim Rose line north 21 poles to a buckeye; thence northeast 4 poles to a stone; thence south 17 poles to a stone on the bank of Mud Creek; thence with Mud Creek Southwest 9 ½ poles to the beginning.

BEING THE SAME PROPERTY acquired by Mary A. Rose-Wilson, by deed dated November 17, 2008, from Vernon Rose and his wife, Charlene Rose, and recorded in Deed book 487, Page 291 of the Whitley County Court Clerk’s Office. See also deed from Clyde Rose, et. al., dated April 15, 2009, and recorded in Deed Book 489, Page 408.  See also Affidavit of Descent of Charlie Rose, deceased, and recorded in Deed Book 489, Page 402 and also Affidavit of Descent of Charlie Rose, Jr., deceased, and recorded in Deed Book 489, Page 405 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 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 court 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 26th day of March, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

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