Legal Notices for 4/2/14, page 2

 

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