Legal Notices for 4/2/14, page 1
NOTICE OF PUBLIC MEETING: Goldbug Vol. Fire Department
A public meeting will take place at 8 pm on 17th of April 2014 at Goldbug FD @ 869 Hwy 26, Williamsburg for the purpose of providing general information to the public regarding the proposed Fire House project. The public is invited to attend and comment on such issues as economic and environmental impacts, service area, alternatives to the project or any other pertinent issues.
BY TABITHA PFOUTZ
BID NOTICE:
The Whitley County Health Department will be taking sealed bids on a 2002 Oldsmobile Intrigue. This vehicle is a 6 cyl, 4D, automatic with approximately 155,000 miles. The vehicle is being sold as is. Sealed bids can be turned into either the Williamsburg or Corbin offices of the Health Department by 12:00 pm on Friday, April 11, 2014. For more information, please contact Bill Freeman at 606-280-3562 or Cindy Rice 606-549-3380.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 918-8015, Renewal
In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for a preparation plant coal processing facility affecting 55.6 acres located 2.0 miles southeast of Nevisdale in Whitley County.
The proposed facility is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY Hwy. 904 and located 0.01 mile south of Bennetts Branch.
The proposed operation is located on the Saxton, KY 7½ minute quadrangle map. The surface area is owned by Penn Virginia Operating Co., LLC.
The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.
Notice of Intention to Mine
Pursuant to Application Number 918-0470
In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for a permit for a surface coal mining and reclamation operation. The proposed operation will disturb 109.8 surface acres and will underlie 114.6 acres, and the total area within the permit boundary will be 224.4 acres.
The proposed operation is located approximately 0.7 mile south of Johnny Hollow Road’s intersection with KY Hwy 26. The operation is further located 1.5 miles north of the community of Rockholds in Whitley County, Kentucky.
The proposed operation is located on the Rockholds U.S.G.S. 7½ minute quadrangle map. The operation will use the Contour and Auger methods of mining. The surface area to be disturbed is owned by Gatliff Coal Company and Gerald & Belva Goins. The operation will underlie land owned by Gatliff Coal Company. The operation will not affect an area within 100 feet of any road. The operation will not involve the relocation or temporary closure of any road.
The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office; 1804 East Cumberland Avenue; Middlesboro, Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director; Division of Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 918-5193, Renewal
In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for an underground coal mining operation located 2.0 miles southeast of Nevisdale in Whitley County. The proposed operation will disturb 173.9 surface acres and will underlie 1,841.0 acres and the total area within the permit boundary will be 2,014.9 acres.
The proposed operation is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY 904 and located at the head of Bennetts Branch.
The proposed operation is located on the Saxton and Frakes, KY 7½ minute quadrangle maps. The surface area to be disturbed is owned by Penn Virginia Operating Co., LLC. The operation will underlie land owned by Penn Virginia Operating Co., LLC.
The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.
NOTICE OF BOND RELEASE
In accordance with KRS 350.093, notice is hereby given that NAV-VET TRUCKING, LLC. P.O. BOX 64 Hillview, Ky. 40129 has applied for a Phase I Bond Release on Permit Number 918-0417 which was last issued on June 5,2012. The application covers an area of approximately 46.18 acres located 0.1 miles east of Corn Creek, near Woodbine in Whitley County.
The proposed operation is approximately 1.7 miles southeast from KY 1064’s junction with KY 6 and located in and un-named tributary of Corn Creek.
The proposed operation is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle maps. The operation will use the contour and auger methods of surface mining. The surface area is owned by Mr. George Hart, Otis Miller & Patricia Nantz Miller and Charles Nantz.
The bond now in effect for increments 1,2,3 and 4 is a total of $77,500, of which 25,700 is cash bond, Approximately 60% of the original bond amount of $77,500 is included in the application for release.
Reclamation work performed includes: Backfilling, grading, fertilizing, seeding, and mulching was completed in June of 2013.
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, May 9th 2014 @ 9:00am.
A public hearing on the application has been scheduled for May 12th, 2014 @ 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 9th, 2014 @ 9:00am.
BID NOTICE:
The Whitley County Health Department is soliciting bids for the purchase of a generator for our Williamsburg facility. Please see the following specifications:
Industrial gas engine driven generator, naturally aspirated 6.8L V-10 (or comparable) engine
150 kW rating, synchronous alternator, wired for l20/208 VAC 3 Phase, 60 HE
Permanent magnet excitation
H-100 Control Panel that meets NFPA 99 and 110 requirements with digital microprocessor and a 2 wire start control for any 2-wire transfer switch
Electronic governor frequency regulation, isochronous steady rate regulation +/- 0.25%
600A UL CB, l00% Rated
Sound attenuated, Level 2 Acoustic enclosure
10A Battery Charger-Installed
Solenoid activated starter motor
Block heater l50 OW
2l Light remote annunciator – surface mount
L20 V GFCI & 240V Outlet
8 Position Load Center
5 year extended warranty, l2 month preventative maintenance contract
Please submit sealed bids by 4:30 p.m., Thursday, April 17 to:
Attn: Paul Lawson
Whitley County Health Department
368 Penny Lane
Williamsburg, Kentucky 40769
The health department reserves the right to refuse any and all bids. If you have questions, please contact Paul Lawson or Gail Timperio at (606) 549-3380.
COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION I
CIVIL ACTION NO. 10-CI-00576
DENNIS TEAGUE and PAMELA TEAGUE, PHYLLIS BUNCH, and SHANNON BUNCH and PATSY BUNCH, PLAINTIFFS VS: WILLIE BUNCH, JR., COMMONWEALTH OF KENTUCKY, CAPITAL INVESTORS GROUP, LLC, KATHLEEN SILER, and DENNIS BUNCH, DEFENDANTS
NOTICE OF COMMISSIONER’S SALE
Pursuant to an Judgment and Order of Sale entered by the Whitley Circuit Court on April 29, 2013, and subsequent Orders entered November 21, 2013; and December 13, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Willie Bunch, Jr.; Kathleen Siler; and Dennis Bunch, for partition of land.
(1) The below described real property shall be sold for the purpose of satisfying the interests herein and the proceeds of said sale shall be used and divided between the parties’, Plaintiffs and Defendants, after the costs of the sale according to their interests therein.
(2) The Plaintiffs have been granted their costs incurred in this action including a reasonable attorney’s fee.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 2211 E. Highway 92, Williamsburg, KY 40769.
First Tract: Beginning at a maple and stone on the North side of County Road, thence down said road 28 1/2 poles to a stone; thence N. course up the hill, with rock fence to the top of said cliff, to a sweet gum and ash; thence East with the top of said cliff to a pine, a conditional line between Hutson Lawson and Allen Young; thence S. down the hill with conditional line to the beginning.
Second Tract: Beginning on a black oak standing on top of the ridge, a corner of Isham Lawson and Ancil Wilson, thence S. 29 E 6 poles to a black oak; thence S. 32 E. 6 poles to a Spanish oak; thence S.34 E. 8.48 poles to a black oak; thence with conditional corner between J.L. Powers and Isham Lawson to a black oak; thence with said conditional line S. 35 ½ W. 18.8 poles to a beech; thence S. 51 ½ W. 11.24 poles to a stake near a slanting rock; thence S. 50 W. 8.68 poles to a stake with an ash pointer; thence S. 63 ¼ W. 6.88 poles to a stake; thence N. 47 1/2 E. 15 poles to an elm; thence S. 52 W. 15.88 poles to a sweet gum; thence S. 57 ½ West 11.4 poles to a sweet gum; thence South 57 1/2 W. 15.48 poles crossing the pike to a stone; thence with the pike S. 3/4 E. 43.44 poles to a stone; thence S. 10 ¾ E. 24 ½ poles to a culvert; thence leaving the pike S. 78 W. 17.44 poles to a double sweet gum; thence N. 88 West passing through an elm 16 poles to the mouth of a branch at Cumberland River; thence down the river to an elm at the lower edge of the bottom; thence an east course to the pike; thence up the pike to Hutson Lawson corner; thence with Hutson Lawson’s line with its courses and distances to the beginning.
Third Tract Beginning at a stone on State Highway 92, leading from Pineville to Williamsburg, running a southern course along the right of way of said highway 193 feet to a stone in said highway, thence leaving said stone and said highway and running a western direction 82 ½ feet to a stone; thence a Northern direction 191 feet to a stone being a corner between William Croley and Elizabeth Allen; thence running an eastern direction with the line of Elizabeth Allen 81 feet to the beginning corner.
Being the same property conveyed to Willie Bunch Sr. and his wife, Elsie Bunch from Noble Faulkner and his wife, Sarah Faulkner, by deed bearing the date of the 6th day of April, 1959, which is duly recorded in Deed Book 197, Page 52 of the Whitley County Clerk’s Office.
For further source of title see Source of title: Affidavit of Descent of Elsie Bunch, recorded in the Whitley County Clerk’s office at Williamsburg, Kentucky in Deed Book 513, Page 331. See also the Last Will and Testament of Willie Bunch, Sr., recorded at Will Book 16, Page 357, and see the Last Will and Testament of Floyd Jackie Bunch recorded at Will Book 17, Page 429.
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.
1. 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% per annum from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. If any of the plaintiffs or any other party who has been granted a judgment by this Court on a claim filed in this matter prior to the sale is the high bidder for a sum equal to or less than its judgment granted against the defendants, the plaintiffs or said other party shall only be required to pay the cost and expenses of the sale. If the plaintiffs or said other party are the high bidder, the requirement of a 10% deposit shall be waived.
2. 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 31st day of March, 2014.
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 II
CIVIL ACTION NO. 13-CI-00692
FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF VS: STEVE WALKER and his wife, AMY WALKER; LEWIS HELTON and His wife, CAROL BRYANT HELTON; RONNIE SMITH, JR., and his UNKNOWN SPOUSE, IF ANY; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE; 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 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem judgment against the Defendants, Steve Walker and his wife, Amy Walker, plus costs, is as follows:
(1) The sum in the amount of $6,341.21 as of February 8, 2014, plus interest at the rate of 7.99% per annum until the date of judgment and thereafter interest at the maximum judgment rate until paid.
(2) The Plaintiff is also granted the sum of $2,429.00 in attorney fees and $276.12 in costs.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 120 Old Cold Road, Williamsburg, KY 40769.
TRACT 4
A certain tract or parcel of land lying in Whitley County, Kentucky, located North of Hanging Rock Road, on the East side of Old Coal Road, and is more particularly described as follows:
BEGINNING at a survey marker set this survey in the line of Perry hill, Deed book 386, page 458; thence leaving the line of said Hill and with a new division line severing the parent tract N 73° 38’ 14” W, 124.92 feet to a survey marker set this survey on the East side of Old Coal Road; thence with the East side of said Coal Road with the following courses and distances; N 27° 50’ 01” E, 44.85 feet; thence N 24° 53’ 47” E, 80.34 feet; thence N 22° 06’ 32” E, 103.40 feet to a survey marker set this survey on the East side of said Coal Road; thence leaving said Coal Road and with a new division lien severing the parent tract S 76° 18’ 36” E, 75.38 feet to a survey market set this survey in the line of said Hill; thence with the line of said Hill S 11° 46’ 34” W, 230.54 feet to the point of beginning, containing 0.51 acres.
All survey markers in the above description are referenced to a magnetic reading taken in the field along a random baseline. Dated of observation was August 31, 2005.
TRACT 5
A certain tract or parcel of land lying in Whitley County, Kentucky, located North of Hanging Rock Road, on the East side of Old Coal Road, and is more particularly described as follows:
BEGINNING at a survey marker set this survey in the line of Perry Hill, Deed book 386, page 458; thence leaving the line of said Hill and with a new division line severing the parent tract N 76° 18’ 36” W, 75.38 feet to a survey marker set this survey on the East side of Old coal Road; thence with the East side of Old Coal Road N 21° 17’ 32” E, 126.61 feet to a survey marker set this survey on the East side of said Coal Road and also on the South side of a gravel road; thence leaving said Coal Road and with the South side of said Gravel Road N 63° 09’ 56” E, 34.88 feet; thence continuing with the South side of said Gravel Road S 82° 59’ 28” E, 27.24 feet to a survey marker set this survey on the South side of said Gravel Road, a corner common to said Hill; thence with the lien of said Hill S 11° 46’ 34” W, 151.41 feet to the point of beginning containing 0.21 acres.
All survey markers in the above description area ½” x 18” iron pin with an orange plastic cap marked “H&R Surveying, P.L.S. 3358.
All bearings in the above description are referenced to a magnetic reading in the field along a random baseline. Dated of observation was August 31, 2005.
BEING THE SAME PROPERTY conveyed Steve Walker and his wife, Amy walker, by Deed dated December 8, 2005, from Williamsburg National Bank, and recorded in Deed Book 466, page 32 of the Whitley County Clerk’s Office.
TERMS OF SALE
1. The above property is to be 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 with the balance in 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 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 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 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 31st day of March, 2014.
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 II
CIVIL ACTION NO. 13-CI-00711
FORCHT BANK, NA, SUCCESSOR-IN- INTEREST TO TRI- COUNTY NATIONAL BANK, PLAINTIFF VS: JENNINGS LEGER and his wife, PAULINE LEGER; WORLD FINANCE CORPORATION; 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 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem judgment against the Defendants, Jennings Leger and his wife, Pauline Leger, plus costs, is as follows:
(1) The sum in the amount of $25,750.79 as of January 13, 2014, plus interest at the rate of 7.99% per annum until the date of judgment and thereafter interest at the maximum judgment rate until paid.
(2) The Plaintiff is also granted the sum of $2,000.00 in attorney fees and $249.12 in costs.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 2205 Highway 26, Woodbine, KY 40771.
BEGINNING at a stone at G. S. Mitchell’s line near the Pike; thence Northeastward 83 feet to a stone; thence Northwest 195 feet to a stone; thence Southwest 83 feet to a stone; thence Southeast 195 feet to the BEGINNING.
BEING THE SAME PROPERTY conveyed to Jennings Leger, single, by deed dated May 10, 1995, from Jimmy Hurst and his wife, Judy Ann Hurst, and recorded in Deed Book 378, Page 364 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% 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 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 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 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 31st day of March, 2014.
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-00803
KENTUCKY HOUSING CORPORATION, PLAINTIFF, VS. BUDDY MOORE; CRYSTAL MOORE; 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 March 4, 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Buddy Moore and Crystal Moore, plus costs, is as follows:
(1) The principal sum in the amount of $66,439.68, plus interest at the rate of 5.625% per annum from June 1, 2013 until paid, and late fees assessed, plus sums advanced in payment of ad valorem taxes, insurance premiums, and property preservation, the costs of this action; and reimbursement for attorney’s fees in this action.
Property Address: 104 Browns Creek Road, Williamsburg, KY 40769.
Property Tax ID No.: 127-00-00-044.00
TRACT I
A 1 acre, more or less, tract of land described as follows: 113 feet with the county road 165 ft. N & S to Oscar Jones line 165 ft. E & W with Oscar Jones line to Kis Shelly’s corner, 160 ft. N & S to the beginning; and
BEING the same property conveyed to Zella Bryant and Oscar Bryant, by Deed dated August 3, 1944 of record in Deed Book 156, Page 294, in the Office of the Clerk of the County Court of Whitley County, Kentucky; and
THEREAFTER being the same property conveyed to Oscar Bryant, by Deed dated December 27, 1945 and recorded on December 27, 1945 in Deed Book 160, Page 306, in the Office of The Clerk of the County Court of Whitley County, Kentucky; and
THEREAFTER Oscar Bryant having died intestate on February 2, 2008 (See Affidavit of Descent recorded March 26, 2008 in Deed Book 482, Page 559) and all of his right, title, and interest in and to the subject property was vested in Betty Prewitt (a ¼ interest), Sherman Bryant (a ¼ interest), Francis Stephens (a ¼ interest), and Patricia Coatney (a ¼ interest), his surviving heirs at law, pursuant to the provisions contained in the aforementioned Affidavit of Descent.
TRACT II
BEGINNING on a stone at the West side of the County Road a corner of Ed Lay and I.N. Jones, thence with the county road East course 107 ½ feet to a stone a corner of Henry Adkins line, thence North course 161 feet to a stone in Adkins line, thence West course with Adkins line 115 feet to a stone corner of Ed Lay lot, thence South course 161 feet to the Beginning; and
BEING the same property conveyed to Oscar Bryant, by Deed dated December 26, 1945 and recorded December 26, 1945 in Deed Book 160, Page 307, in the Office of the Clerk of the County Court of Whitley County, Kentucky; and
THEREAFTER Oscar Bryant having died intestate on February 2, 2008 (See Affidavit of Descent recorded March 26, 2008 in Deed Book 482, Page 559) and all of his right, title, and interest in and to the subject property was vested in Betty Prewitt (a ¼ interest), Sherman Bryant (a ¼ interest), Francis Stephens (a ¼ interest), and Patricia Coatney (a ¼ interest), his surviving heirs at law, pursuant to the provisions contained in the aforementioned Affidavit of Descent.
Being the same property conveyed to Buddy Moore and Crystal Moore, husband and wife by deed dated August 29, 2008 and recorded September 15, 2008 in Deed Book 485, Page 767 filed in the office of the Clerk of 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% per annum from 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 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 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 31st day of March, 2014.
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. 08-CI-00339
HSBC BANK USA, NATIONAL ASSOCIATION FOR THE BENEFIT OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2006-NC3, ASSET BACKED PASS-THROUGH CERTIFICATES, PLAINTIFF, VS. MICHAEL NEWBERRY;ROGER NEWBERRY; LINDA NEWBERRY; COUNTY OF WHITLEY; AND CITY OF CORBIN; DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to an Amended Judgment and Order of Sale entered by the Whitley Circuit Court on March 2, 2009, and subsequent Orders of August 2, 2010; September 24, 2010; February 6, 2012; March 28, 2012; and an Order signed December 2, 2013 but not entered until February 26, 2014, and an additional Order entered February 28, 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem judgment against the Defendants, Michael Newberry, Roger Newberry, and Linda Newberry, plus costs, is as follows:
(1) The sum of $73,237.60 plus interest at the rate of 9.700% per annum through 08/01/08, in the amount of $5,920.00, plus late charges in the amount of $63.14, plus costs incurred in the amount of $2,787.45, plus attorney’s fees in the amount of $1,490.00, for a total of $83,498.19.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Said property address is: 701 West Fifth Street, Corbin, Kentucky 40701.
TAX I.D. #: 137-20-20-008.00
A certain tract or parcel of land lying and being in Whitley County, Kentucky, and being more particularly described as follows, to-wit:
Beginning at an iron stake at the southwest corner of Fifth Street and Maynor Street; thence westward with the south line of Fifth Street 58 feet 11 inches to an iron stake; thence southward 105 feet to a stake in the north line of an alley; thence eastward with the line of said alley 58 feet 11 inches to a stake; thence northward with the west line of Maynor Street 105 feet to an iron stake, the beginning.
Being the same property conveyed to Michael Newberry, a single person, from Robert Carl Hampton and Tammy Hampton by deed recorded on May 19, 2004, in Deed Book 452, Page 655, in the Whitley County Clerk’s Office. A quitclaim deed recorded July 5, 2006, in Book 470, Page 286, deed ½ interest to Roger Newberry, a married person.
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 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 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 31st day of March, 2014.
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-448
DANNY JAMES DAVENPORT, PLAINTIFF, VS. NELLIE MAY JONES (aka, NELLIE MAIZE JONES, NELLIE MAISE JONES), DEFENDANT.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 6, 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Nellie Mae Jones, plus costs, is as follows:
(1) The sum in the amount of $28,785.43, plus post judgment interest at the maximum legal rate of 12% until paid.
(2) The sum in the amount of $275.96, for unpaid taxes plus post judgment interest at the maximum legal rate of 12% until paid.
PROPERTY ADDRESS: 514 Stoney Fork Road, Corbin, KY 40701
A certain tract or parcel of land lying and being in Whitley County, Kentucky, and being all of the same land conveyed to Danny James Davenport from Union Planters Bank, et al., by deed bearing date July 3, 2000, and recorded in deed Book 420 at Page 158, Whitley County Court Clerk’s Office, and more particularly described as follows:
BEGINNING at a stake 15 feet from the C/L of Tye Road, the SE corner of the lot; thence leaving the road S 62 degrees 17’ 50” E, 163.47 feet to a 16” pine tree; thence N 05 degrees 42’ 30” E 220.76 feet to a stake in a field; thence N 73 degrees 43’ 10” W, 208.08 feet to a stake 15 feet from the C/L of Tye Road; thence with the R/W of said road, S 00 degrees 54’ 30” E, 108.10 feet to a point 15 feet from the C/L; thence with same, S 18 degrees 27’ 00” E, 99.0 feet to the beginning, containing .09 acres more or less.
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 his 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 him.
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 31st day of March, 2014.
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-516
M&T BANK, PLAINTIFF, VS. DAWN CAUDILL FKA DAWN SPARKS; AND RICHARD CAUDILL, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem judgment against the Defendants, Dawn Caudill fka Dawn Sparks and Richard Caudill, plus costs, is as follows:
(1) The sum in the amount of $149,308.88, plus interest at a rate of 4.50000% from the date referenced in the Account Status Affidavit, 12-01-13 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, plus attorney’s fees, title abstract and title update fees paid, or agreed to be paid, to its counsel for the prosecution of this matter.
PROPERTY ADDRESS: 111 Keeneland Trail, Corbin, KY 40701
Tax Map Number: 102-20-00-022.00
Being Lot No 101 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51 (nka Plat Cabinet 1, Slide 176), Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full description of said lots.
Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.
Being the same property conveyed from Hazem El-Bilbeisi, single, to Richard Caudill, single, and Dawn Sparks, single, by virtue of a deed dated 07/07/2007 and recorded on 08/06/2007 at Deed Book 478, Page 506 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 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 31st day of March, 2014.
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-565
Regions Bank successor by merger to Union Planters Bank, N.A., Plaintiff, VS. Rosa G. Perez; Jose A. Perez; County of Whitley; Sysco Louisville, Inc. FKA Sysco/Louisville Food Services Co.; Commonwealth of Kentucky – Finance and Administration Cabinet; Tax Ease Lien Servicing, LLC; Jamos Fund I, LP; and City of Corbin, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Brenda Alsip, Executrix, plus costs, is as follows:
(1) The principal sum in the amount of $76,816.60, plus interest from 03/01/13 in the amount of $3,745.50, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,497.86, plus late charges in the amount of $157.71, plus NSF balance in the amount of $50.00, plus property inspection fees in the amount of $125.00, plus property preservation in the amount of $260.00, plus suspense balance in the amount of -$(346.62), for a total (excluding attorney fees) in the amount of $83,306.05, together with interest at the rate of 6.2500 percent per annum from the above ate 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: 46 Bonanza Trail, Corbin, Kentucky 40701.
Being Lot 86 of the Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 14, Whitley County Court Clerk’s Office, and to which reference is hereby made for a more particular and full and complete description of said lot.
Subject to protective and restricted covenants as set forth in Miscellaneous Book 27, Page 35.
Being the same property conveyed to Jose Perez and Rosa Perez, husband and wife, from Robert Stewart and Janice Stewart, husband and wife, by Deed dated September 1, 1998 and recorded September 4, 1998 in Deed Book 403, Page 20, records 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 (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 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 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 31st day of March, 2014.
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-627
Bank of America, N.A., Plaintiff, VS. Brenda Alsip, Executrix; United Guaranty Residential Insurance Company of North Carolina; Asset Acceptance LLC; Cavalry Portfolio Services LLC; Barrister Collections, Inc.; Unknown Defendant, Spouse of Brenda Alsip, Defendants.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 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, April 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The IN REM judgment against the Defendant, Brenda Alsip, Executrix, plus costs, is as follows:
(1) The principal sum in the amount of $16,451.45, plus interest from 08/01/12 in the amount of $1,676.62, plus late charges in the amount of $74.64, plus advance total in the amount of $4,035.03, for a total in the amount of $22,237.74, together with interest at the rate of 7.125 percent per annum from the above ate 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: 303 15th Street, Corbin, KY 40701
Tax Map Number: 138-30-14-001.00
A certain tract or parcel of land lying and being in Whitley County, Kentucky, in the Pershing Park Addition to the City of Corbin, and being:
Lots Nos. 30 and 31 in Block “H” of said addition, as shown by Map or Plat of record in Deed Book 87 at page 284, Whitley County Court Clerk’s Office.
Being the same property conveyed to Freda Bryant Alsip from H.C. Earls and Susie Earls, husband and wife, on November 10, 1955 and recorded on July 17, 1959 in Book 197, Page 423 of the record of the Whitley County Clerk’s Office. Freda Alsip died on August 19, 2012.
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 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 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 31st day of March, 2014.
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-00254
U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. SENIA LAWSON; UNKNOWN SPOUSE OF SENIA LAWSON; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF 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 December 2, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
1. Plaintiff is awarded a Default Judgment, in rem, against the Defendants, Senia Lawson and Unknown Spouse of Senia Lawson, for the sum of $428.27 as of July 31, 2007, with interest thereon at the rate of twelve percent (12%) per annum until paid; and costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee.
2. Plaintiff is awarded the sum of $3,477.38 as of December 31, 2013, which constitutes principal in the amount of $428.27; interest in the amount of $321.31, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $4.28 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $342.62; reasonable attorneys fees in the amount of $1,500.00 for prosecuting this foreclosure; and costs in the amount of $770.18 that have arisen due to prosecuting this collection remedy.
Property Address: 174 Old Mountain Ash Pike, Williamsburg, KY 40769.
The property is located in Whitley County, Kentucky, and more particularly described as follows:
BEGINNING at a point, stone marker, where U.S. Highway crosses the Old State Road, near to South and Concrete bridge over the L and N R.R.; thence with the east line of the said Highway 25W in a south direction to a concrete culvert under said highway at a drain; thence with the drain in an easterly direction a straight line to the mouth of the drain at Clear Fork River; thence down said river in a northeast direction with the meanders of same to the point where the Old State Road crossed the river at the shoals; thence west with the old State Road to the BEGINNING corner.
Being the same property conveyed to Doyle W. Lawson and Senia Lawson, husband and wife, by Deed dated January 10, 1996 from Farmers National Bank, recorded in Deed Book 383, Page 245, in the Office of the Whitley County Court Clerk.
SOURCE OF TITLE: Being the same property conveyed to Doyle W. Lawson and Senia Lawson, husband and wife from Farmers National Bank by survivorship Deed dated January 10, 1996, and recorded in Deed Book 383, Page 245, in the Office of the Whitley County Court Clerk. Said Doyle W. Lawson died on December 3, 2005 and said property interest having passed by right of survivorship to Senia Lawson, his surviving spouse.
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 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein. Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.
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 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 31st day of March, 2014.
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-00252
U.S. BANK AS CUSTODIAN FOR SASS MUNI V DTR ASSUMED NAME FOR SASS MUNI V DTR, LLC, PLAINTIFF, vs. MICHAEL HUDSON and UNKNOWN SPOUSE OF MICHAEL HUDSON, husband and wife; CORBIN INDEPENDENT SCHOOL DISTRICT FINANCE CORPORATION; JAMOS FUND I, LP; COMMUNITY TRUST BANK, SUCCESSOR IN INTEREST TO FARMERS NATIONAL BANK; COMMONWEALTH OF KENTUCKY – DIVISION OF COLLECTIONS, FINANCE AND ADMINISTRATION CABINET F/K/A REVENUE CABINET; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON RELATION OF LORI HUDSON FLANERY, SECRETARY OF 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 August 19, 2013 and subsequent Order entered November 21, 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 21, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Michael Hudson is as follows:
(1) The sum of $1,098.81 as of July 31, 2007 (for 2006 taxes) and August 27, 2009 (for 2008 taxes), with interest thereon at the rate of twelve percent (12%) per annum until paid; and (2) costs and expenses herein expended, including any fees, penalties, and a reasonable attorney’s fee.
(2) Plaintiff is awarded the sum of $4,810.36 as of August 18, 2013, which constitutes principal in the amount of $1,098.81, interest in the amount of $657.09, which constitutes accrual at 12% twelve percent per annum, with the monthly interest accruing at a rate of $10.99 per month until paid; administrative fees in the amount of $115.00 per certificate; pre-litigation attorney’s fees in the amount of $550.00; reasonable attorneys fees in the amount of $1,500.00 total for prosecuting this foreclosure; and costs in the amount of $774.46.
PROPERTY ADDRESS: 360 Collins Lane, Corbin, KY 40701.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
BEGINNING at a stone near the barn in Homer Collins’ line; thence ease down a drain to its mouth to a stone marked R.C. 3; thence with Elie’s Branch 56 north to a large stone on the falls of the branch marked O.C.; thence west up or near a drain to a black oak; thence with the road 33 poles S. and 5 links to the Beginning.
AND
Beginning on a black gum, J.S. Bowcock line, as the B.B. corner; thence due south 35 poles to a stone marked FHC at the road; thence with the road north 46 poles to a little oak marked FJC; thence 13 poles west to a pipe in Bowcocks’ line; thence south 46 poles to the Beginning.
EXCEPTION: There is excepted from the foregoing any portions therefore sold or conveyed including the portion sold to Ed Hash, et. als., be deed dated October 30, 1978, and the portion sold to the United States of America by deed dated April 8, 1974, which is duly recorded in Deed Book 248, Page 267, Whitley County Court Clerk’s Office.
Being the same property conveyed to Michael Hudson and Donna Hudson, husband and wife, by Deed dated April 06, 1995, from Lynn J. Mills and Debra Mills, husband and wife, recorded in Deed Book 377, Page 602, in the Office of the Whitley County Court Clerk, and also being the same property conveyed to Michael Hudson, single, by Deed dated July 12, 2012, from Donna Hudson, single, recorded in Deed Book 508, Page 776, in the office aforesaid.
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 with the balance in 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 Plaintiff is the purchaser of the property, Plaintiff shall be entitled to take credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded herein. Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.
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 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 31st day of March, 2014.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P. O. BOX 1344, CORBIN, KY 40702; PHONE:606-528-0616




