Legal Notices for 4/2/14, page 3

 

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