Legal Notices for 4/20/2011, page 2

 

 Thence, leaving the said road and up the hillside, establishing new property boundary lines, the following bearings and distances; North 41 degrees 49 minutes 19 seconds East 186.38 feet to an iron rebar (set), located in a wire fence; North 48 degrees 58 minutes 51 seconds West 262.17 feet, with the wire fence, to a cross tie fence post (found), witnessed by an iron rebar (found), which bears South 04 degrees 32 minutes 08 seconds West 1.00 feet;

Thence, leaving the said wire fence, South 04 degrees 32 minutes 08 seconds West 270.70 feet to the corner of the beginning containing 00.86 acre, more or less, as described by a property boundary survey completed May 07, 2004, by Kentucky Surveys, Inc., Charles J. Felts, LPS #2581.

BEING THE SAME PROPERTY conveyed to Mortgagor from Darrell Ball and his wife, Joann Ball, dated April 13, 2006, and recorded in Deed Book 468, Page 357 of the Whitely County Clerk’s Office.

Property Address:  961 Tyes Ferry Road, Rockholds, KY 40759

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 08-CI-00274

BAYVIEW LOAN SERVICING, LLC, PLAINTIFF, VS. LINDA G. MILLER; SCOTT J. MILLER; CITY OF CORBIN, KENTUCKY; COMMONWEALTH OF KENTUCKY, CABINET FOR HUMAN RESOURCES, EX REL DIVISION OF UNEMPLOYMENT INSURANCE; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS, DEPARTMENT OF TAX COMPLIANCE, REVENUE CABINET; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 11, 2009, and subsequent Order entered April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 9, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Linda G. Miller and Scott J. Miller, plus costs, are as follows:

(1) The principal sum in the amount of $38,514.44, together with accrued interest thereon at the rate of 10.50000% per annum from April 10, 2009, until the amount has been paid in full.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Lots No. 17 and 18 in the Hawkins Addition to the City of Corbin, Kentucky, and bounded and described as follows:

Commencing at a stake in Oak Street, corner of Lot No. 19, running thence 120 feet to an alley; thence with said alley 120 feet to the corner of lot No. 16, thence west with the said line 130 feet to corner of oak Street, thence with oak Street 120 Feet to the beginning.

Exception: there is excepted from the foregoing that portion sold and conveyed by the late Maggie harp to Alex Byble and his wife, by deed bearing date of May 14, 1946, which is of record in Deed Book 163, page 333, Whitley County Court Clerk’s Office and bounded as follows:

Beginning at a point in the east line of said Oak St. and Herb’s corner; thence eastward with Herb’s line 130 feet to the west line of an alley; thence northward with the west line of said alley 49 ft. to a stake; thence westward, running parallel to the first line, 130 feet to the east line of Oak Street; thence southward with the east line of Oak St. 49 Feet to the beginning.

Being the same property conveyed to Bayview Financial Property Trust by deed dated November 4, 2005, recorded on December 29, 2005 in Deed Book 466, Page 226, Whitley County Clerk’s office.

Said property address is: 509 Oak Street, Corbin, Kentucky 40701.

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 (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 sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of 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, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 10-CI-01015

THE BANK OF NEW YORK MELLON, AS TRUSTEE, BY AND THROUGH ITS ATTORNEY-IN-FACT, VANDERBILT MORTAGE AND FINANCE, INC., PLAINTIFF, VS. JAMES ANGEL; JENNIE M. ANGEL;  CREDIT ACCEPTANCE 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 April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, James Angel and Jennie M. Angel, plus costs is as follows:

(1) The principal sum in the amount of $36,347.49 with interest thereon at the contract rate of 14.99% per annum from September 17, 2010 until April 4, 2011, and thereafter at the contract rate, until paid.

(2) The property shall be sold as a whole along with the mobile home currently situated on the real property described as a 2001 Clayton Mobile Home, Serial No. CWP0095666TN. 

The property to be sold is as follows:

A certain tract of land located in Whitley County, Kentucky lying on the south side of the McNeil-Corn Creek Road 1.85 miles west of its junction with Kentucky Route 1034, on the waters of Corn Creek and more particularly described as follows:

Beginning at a point in the center of Corn Creek in the right of way of the McNeil-Corn Creek Road, referenced by an iron pin/cap which bears South 67°59’46” West 9.96 feet, also a corner to Delbert Swafford (D.B. 260, Pg. 115), thence down Corn Creek, in part with Delbert Swafford and in part with the Boyd Swafford reserve tract, South 57°22’52” East 214.05 feet to an iron pin; Thence severing the lands of Boyd Swafford 2 new lines:

1) South 48°51’11” West 221.26 feet to appoint witnessed by an iron pin/cap which bears North 16°47’17” West 93.69 feet;

2) North 16°47’17” West 221.26 feet to a point in the right of way of the McNeil-Corn Creek Road referenced by an iron pin/cap which bears North 16°47’17” West 2.29 feet; Thence with the right of way of Corn Creek Road three lines;

1) North 66°28’45” East 31.71 feet to a point;

2) North 48°55’16” East 55.10 feet to a point;

3) North 35°49’18” East 60.39 feet to the beginning, containing 1.00 acres according to a survey performed by Forrester W. Hamilton, PLS 2736, on October 7, 2001. 

The above-described tract is a part of Deed Book 339, Page 320, Whitley County Clerk’s Office.

Property Address:

1644 McNeil Corn Creek Road, Rockholds, KY 40759

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of 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, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 10-CI-01012

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. THOMAS R. PREWITT and his wife, MARY GRACE PREWITT; 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 April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, Thomas R. Prewitt and his wife, Mary Grace Prewitt, plus costs is as follows:

(1) The principal sum in the amount of $25,621.73 as of March 22, 2011, plus interest at the rate of 9.99%, per Count I of the plaintiff’s Complaint.

(2) And the principal sum in the amount of $14,813.31 as of March 22, 2011, plus interest at the rate of 4.25%, per Count II of the plaintiff’s Complaint.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING on a US Forest Service Corner No. 60 on North bank of Craig Road; thence with US line N 61° 24’ W 650 ft. to a white oak; thence N 35° 30’ E 210 ft to an iron stake; thence S 82° E 540 ft to an iron stake; thence S 56° 45’ E 280 ft to an iron stake on the North bank of Craig Road thence S 44° 45’ W 177 ft with road to iron stake; thence S 54° 45’ W 276.33 ft with road to point of BEGINNING.

BEING THE SALE PROPERTY acquired by Thomas R. Prewitt, single, by deed dated June 6, 2002, from Eva Prewitt, unremarried widow of Lowell Prewitt and Larry Prewitt and his wife, Orene Prewitt, recorded in Deed Book 435, Page 472, of the Whitley County Court Clerk’s Office, See also deed to Thomas R. Prewitt, single, dated July 18, 2002, from Eva Prewitt, unremarried widow of Lowell Prewitt, (deceased) and Larry R. Prewitt and his wife, Orene Prewitt, Marjorie G. Kerr, single, and Lendy B. Prewitt, single, and recorded in Deed Book 436, Page 586 of the Whitley County Court Clerk’s Office. See also Affidavit of Descent of Lowell Prewitt recorded in Deed Book 436, Page 576.

Property Address:  1221 Craig Road, Williamsburg, KY 40769

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER  COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 10-CI-00773

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ABFC 2005-AQ1 TRUST,  ASSET-BACKED CERTIFICATES, SERIES 2005-AQ1, PLAINTIFF, VS. CHARLES D. FELTS; JENNIEFER M. FELTS; COUNTY OF WHITLEY; L&N FEDERAL CREDIT UNION, DEFENDANTS,

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.