Legal Notices for 4/27/2011, page 1

 

 INSPECTION PERIOD FOR THE PROPERTY TAX ASSESSMENT ROLL

The Whitley County real property tax roll will be opened for inspection from May 2, 2011 through May 16, 2011. Under the supervision of the property valuation administrator or one of the deputies, any person may inspect the tax roll.

This is the January 1, 2011 assessment on which state, county, and school taxes for 2011 will be due about September 15, 2011.

The tax roll is in the office of the property valuation administrator in the county courthouse and may be inspected between the hours 8:00 am and 4:30 pm.

Any taxpayer desiring to appeal an assessment on real property made by the PVA must first request a conference with the PVA or a designated deputy. The conference may be held prior to or during the inspection period.

Any taxpayer still aggrieved by an assessment on real property, after the conference with the PVA or designated deputy, may appeal to the county board of assessment appeals.

The taxpayer can appeal his assessment by filing in person or sending a letter or other written petition stating the reasons for appeal, identifying the property and stating the taxpayer’s opinion of the fair cash value of the property.

The appeal must be filed with the county clerk’s office no later than one work day following the conclusion of the inspection period.

A taxpayer failing to appeal to the county board of assessment appeals, or failing to appear before the board, either in person or by designated representative, will not be eligible to appeal directly to the Kentucky Board of Tax Appeals.

Appeals of personal property assessments shall not be made to the county board of assessment appeals. Personal property taxpayers shall be served notice under the provisions of KRS 132.450(4) and shall have the protest and appeal rights granted under the provisions of KRS 131.110.

Ronnie Moses, Property Valuation Administrator – Whitley County

 

PUBLIC NOTICE:

NOTICE TO ROBERT JONES, UNKNOWN SPOUSE OF ROBERT JONES, CHARLES JONES, UNKNOWN SPOUSE OF CHARLES JONES, UNKNOWN SPOUSE OF WILLIAM P. JONES AND UNKNOWN SPOUSE OF GUY JONES

To, Robert Jones, Unknown Spouse of Robert Jones, Charles Jones, Unknown Spouse of Charles Jones, Unknown Spouse of William P. Jones and Unknown Spouse of Guy Jones, I have been appointed Warning Order Attorney to notify you of Civil Action No. 09-CI-00549, Tax Ease Lien Investments 1, LLC vs. Robert Jones, et al., Whitley Circuit Court.

You have fifty days from March 23, 2011 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN, KY 40702

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 08-CI-00725

OCWEN LOAN SERVICING, LLC, PLAINTIFF VS. TAMMY L. HUFF A/K/A TAMMY LYNN HUFF A/K/A TAMMY LYNN HUFF SHAFER A/K/A TAMMY HUFF; HOMETOWN BANK OF CORBIN, INC.; COMMONWEALTH OF KETNUCKY – FINANCE AND ADMISISTRATION CABINET; WADE E. CARR; COUNTY OF WHTILEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 13, 2009, and subsequent Order entered on March 14, 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, Tammy L. Huff a/k/a Tammy Lynn Huff a/k/a Tammy Lynn Huff Shafer a/k/a Tammy Huff, plus costs, are as follows:

(1) The principal sum in the amount of $90,477.17, plus interest from 10/1/08 in the amount of $3,527.23, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $0.00, plus Unapplied Funds Balance in the amount of $450.54, plus attorney fees in the amount of $1,100.00, for a total in the amount of $94,653.86.

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

Beginning at a point in the West right of way line of Todd Street in the line of Lot 107, 60 feet from the point on Todd Street where Lot 105 meets Lot 107; thence running with the East boundaries of Lots 107 and 109 North 37 degrees 29 minutes East 200 feet to a stake; thence leaving Todd Street and running North 49 degrees 26 minutes West 181.50 feet to a point in the East boundary of Lot 210; thence South 37 degrees 29 minutes West 200 feet to a stake in the East boundary of Lot 208; thence leaving the East boundary of Lot 208 and running South 49 degrees 26 minutes East 181.50 feet to the beginning.

Being the same property or a portion of the same property conveyed to Tammy Lynn Huff Shafer and Troy K. Shafer, as joint tenants with rights of survivorship by Quit Claim Deed dated May 21, 2004 from Tammy Lynn Huff, sole owner filed on August 30, 2004 in Book 455 at Page 258 in the Whitley County records.

Commonly known as:  7609 Todd Street, Corbin, Kentucky 40701.

Parcel Number: 085-00-00-097.08

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 (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, 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 KENTUCKY34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 10-CI-00932

WELLS FARGO BANK, N.A., PLAINTIFF VS. DAVID DELK aka DAVID S. DELK, KRISTI DELK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 25, 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 defendant, David Delk aka David S. Delk, plus costs, is as follows:

(1) As of December 23, 2010, the principle sum in the amount of $133,218.29, plus interest from 07/01/10 in the amount of $5,058.64, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,117.39, plus late charges in the amount of $53.62, plus Attorneys fees (KRS 411.195) in the amount of $1,000.00, for a total amount of $141,447.94.  For which total amount personal judgment rendered against the defendant, David Delk aka David S. Delk, together with interest at the rate of 7.8750 percent per annum ($28.74 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with the defendant’s default and for protecting plaintiff’s interest in the property and its rights under the mortgage instrument.

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

Being a 0.8805 acre tract within the bounds of a 41.2051 acre parent tract owned and developed by All-4-One Development, LLC as recorded in Deed Book 469, Page 316 in the Whitley County Court Clerk’s Office.  This tract is referred to as Lot No. 17 on the Creekstone Subdivision plat recorded on June 21, 2007 in Cabinet 2, Slide 548, office of the Whitley County Clerk, and is more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a pin and cap is a set ½ inch in diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “Ledington PLS 3192”.  All bearings stated herein are referred to in the Creekstone Subdivision survey plat as previously referenced.

BEGINNING at a pin and cap set in the approximate right of way (20’ from center) of Creekstone Drive, a common corner to lot no. 16 thence with the said right of way n 44 deg 09’ 55” w, a distance of 166.52 ft to a pin & cap; thence n 38 deg 35’ 21” e, a distance of 190.42 ft to a pin & cap thence s 58 degrees 28’ 07” e, a distance of 196.64 feet to a pin and cap, a common corner to lot no. 16 thence s 45 degrees 50’ 17” w, a distance of 237.48 feet to the point of beginning, being Creekstone Lot No. 17 and containing 0.8805 acres more or less, according to a survey by John Ledington, LS #3192 ON June 17, 2007.

Being the same property conveyed to David  Delk and wife, Kristi Delk, from Anthony Campbell, by Deed recorded on November 4, 2008 In Book 486, Page 704, In the Whitley County Clerk’s Office.

Said property address is: 200 Creekstone Drive, 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 one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, 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. 11-CI-00030

FIRST STATE FINANCIAL, INC. f/k/a TOWN AND COUNTRY BANK, PLAINTIFF VS. BILLY S. LAWSON and his wife, SHEA LAWSON, a/k/a DONNA SHEA LAWSON; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS, DEPARTMENT OF REVENUE; DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE; MIDLAND GINDING, LLC; HUDSON & KEYSE, LLC; LIEN SOLUTIONS, LLC; 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 judgment against the defendants, Billy S. Lawson and Shea Lawson, Donna Shea Lawson, personally, jointly and severally, plus costs are as follows:

(1) The principal sum in the amount of $125,030.80 as of January 3, 2011, plus interest at the rate of $20.28 per day until April 4, 2011, and interest thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING on a survey marker in N line of 30 ft. wide unnamed county road in E corner of Warren Hale (DB 326, Pg 6); thence with Hale line N 30 17 29 W 115.18 ft. to a point in centerline of a drain, mkr (3233, (N 86 15 26 E 13.43 from said marker); thence N 29 17 27 W 54.29 ft. to point in said drain (3233), N 15 15 28 E 49.99 ft from said survey marker; thence with centerline of drain N 67 30 48 W 64.04 ft. to a point ref (3233) bears S 87 12 53, 13.70 ft. from marker; thence N 29 02 11 W 44.26 ft. to a point ref (3233) which bears S 86 15 09 W 8.83 ft. from marker; thence N 18 35 05 E, 8.83 ft. to marker (3233); thence N 18 35 05 E 62.69 ft. to a white oak; thence N 17 03 19 E 64.55 ft. to a 12” forked gum; thence N 27 32 25 E 89.76 to a 10” gum’ thence N 31 08 54 E 128.29 ft. to a 12” white oak; thence N 40 58 09 E 134.11 ft. to a white oak; thence S 50 09 32 E 270.12 ft. to a 16” black oak; thence S 43 39 08 E 308.16 ft. to marker (3233); thence S 54 55 30 W 579.20 ft. to point of BEGINNING.

BEING the same property conveyed to Billy S. Lawson and his wife, Shea Lawson, by deed from Louis W. Long, Jr., recorded January 28, 2004 of record in Deed Book No. 450, Page 52, Whitley County Court Clerk’s Office.

Property Address:  315 Casey 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.: 11-CI-00029

FORCHT BANK, NA SUCCESSOR IN INTEREST TO TRI-COUNTY NATIONAL BANK,  PLAINTIFF, VS. NICHOLAS HORVATH and his wife, KELLY HORVATH; 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, Nicholas Horvath and his wife, Kelly Horvath, plus costs is as follows:

(1) The principal sum in the amount of $74,737.37 as of March 7, 2011, plus interest at the rate of 5.99%.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

A certain tract or parcel of land lying and being located in Whitley County, Kentucky, on the waters of Watts Creek, located approximately 01.00 mile east from the intersection of State Route #26 and State Route #3423, (formerly State Route #511 and also known as Tyes Ferry Road and/or Meadow Creek Road ) and more particularly described as follows:

All bearings are referenced to the source Deed Book 367, Page 157 (South 05 degrees 07 minutes 17 seconds East –closing call on deed), all iron rebar set or found this survey are with an aluminum surv-kap stamped #2581, and all distances are expressed in feet. This survey was completed without a legal abstract being performed.

BEGINNING at an iron rebar (found), located on the north side of State Route #3423 (formerly State Route #511, no record right of way found, source deed referenced State Route #511 as having a 35.0 feet right of way left and right of the centerline);

Thence, following the north side of State Route #3423 and with the property boundary lines as described within the source deed, the following bearings and distances; South 69 degrees 50 minutes 36 seconds East 48.86 feet to an iron rebar (set);

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.

The judgment against the defendants, Charles D. Felts and Jennifer M. Felts, plus costs, is as follows:

(1) The principal sum in the amount of $126,669.19, plus interest at the rate of 6.99000 percent per annum from April 1, 2010, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a Pine and Black Oak being Harts Corner, N.3. E. 300, to a 3 inch Cedar; thence North 173 feet to a stake; thence West 300 feet to a stake cornering on Canoe Branch; thence South 173 feet to the point of beginning, containing 1 acre more or less.

Following Black Diamond Road from the corner of Leland Sharp and Emit Hart’s line 20 feet west; thence South, .15 miles to the beginning of William and Karen Bray’s line. Thus being the right of way granted to Williams and Karen Bray from Leland and Gloria Sharp.

Being the same property conveyed to Charles D. Felts and Jennifer M. Felts, from Tri-County National Bank, by Deed dated 08/20/1999, recorded 08/27/1999, Deed Book 411, Page 587, Whitley County Clerk’s Records, and being known as 1365 Black Diamond Rd, Corbin, KY 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.

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.

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.

3. 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.

4. 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.

5. 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.

6. 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. II

CIVIL ACTION NO. 09-CI-00553

21ST MORTGAGE CORPORATION, PLAINTIFF, VS. JEWELL PHILPOT; JAMES OTIS HARP;  SAMANTHA HARP; SAVANNAH N. MINTON; CENTRAL FINANCIAL SERVICES, INC.; COMMONWEALTH OF KENTUCKY, COURT OF JUSTICE; NORTHSIDE SUPPLY AND TRUSSES, INC.; UNKNOWN OCCUPANTS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; ALL UNKNOWN CREDITORS, IF ANY, WITH INTEREST IN PROPERTY LOCATED AT: 930 HWY 6, WOODBINE, KY.; UNKNOWN HEIRS, DEVISEES AND LEGATEES OF THE ESTATE, IF ANY, OF DONNA K. MINTON; UNKNOWN SPOUSE OF DONNA K. MINTON; UNKNOWN SPOUSE OF SAVANNAH N. MINTON; AND UNKNOWN SPOUSES OF UNKNOWN HEIRS, DEVISEES AND LEGATEES OF THE ESTATE, IF ANY, OF DONNA K. MINTON, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 14, 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 judgment against the defendants, Jewell Philpot; James Otis Harp; Samantha Harp; Savannah N. Minton; Unknown Occupants; All Unknown Creditors, if any, with interest in Property located at: 930 Hwy 6, Woodbine, KY.; Unknown Heirs, Devisees and Legatees of the Estate, if any, of Donna K. Minton; Unknown Spouse of Donna K. Minton; Unknown Spouse of Savannah N. Minton; and Unknown Spouses of Unknown Heirs, Devisees and Legatees of the Estate, if any, of Donna K. Minton, plus costs, are as follows:

(1) The principal sum in the amount of $72,300.01 plus, accrued interest thereon at the rate of 10.80000% per annum from February 11, 2011, until the amount has been paid in full.

(2) Including a 1997 Oakwood Mobile Home Serial Number HONCO2231590AB 28’ X 60’, including accessories.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a maple tree (the point of beginning) thence in an easterly direction with the right of way of Kentucky Highway 6 a distance of 90 feet to a concrete marker located on said right-of-way; thence north a distance of 470 feet to a dogwood located on the banks of Lynn Camp Creek; thence along said creek a distance of 75 feet to a maple (grantors former corner); thence with the creek to a big maple near the edge of Lynn Camp Creek where said creek meanders in western direction; thence from said big maple to the point of BEGINNING.

Being the same property Donna K. Minton obtained title to by deed dated 06-26-92 of record in MB 364 at Page 110 in the Office of the Whitley Co. Clerk.

Property Address:  930 Hwy 6, Woodbine, KY 40771.

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 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, 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. 09-CI-00026

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. NANCY PAYTON, EARL MILLS, AMERICAN GENERAL FINANCE, INC., RESIDENTIAL FUNDING REAL ESTATE HOLDINGS, LLC (SUBSTITUTE FOR BANK ONE, NA), JAMES PRIDEMORE, WHITLEY COUNTY, KENTUCKY AND US BANK CUSTODIAN SASS MUNI V DTR,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 14, 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 defendant, Nancy Payton, Default Judgment against defendant, Earl Mills, and Summary Judgment against the defendant, Whitley County, Kentucky, plus costs, are as follows:

(1) The principal sum in the amount of $2,594.82, plus accrued interest in the amount of $298.32 through November 30, 2010, plus accrued interest in the per diem amount of $0.45 from November 30, 2010 until paid, actual and reasonable attorney fees expended herein in the amount of $1,400.00, court costs and filing fees expended in the amount of $576.84, and the costs of sale to be expended herein.

(2) Default Judgment, in rem, against the defendants, American General Finance, Inc. and James Pridemore, to the extent that said defendants’ interests, if any exist, in and to the property described below are hereby extinguished.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING at a post in the south end of the upper (Jackson’s) culvert at the right of way of Kentucky Highway 26; thence in an east southeast direction 80 feet to a post; thence in an eastern direction with the ditch 423 feet a steel post; thence in a southern direction 200 feet to a steel post; thence in a western direction 390 feet with the McNeal Hollow Road to Kentucky 26; thence in a northern direction 278 feet with the highway to the BEGINNING.

Being the same property conveyed to Nancy Payton and Earl Mills by deed dated September 25, 2000, of record in Deed Book 423, Page 427, in the Whitley County Clerk’s Office.

Property Address:  6608 Hwy 26, 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.

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 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.

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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

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

 

NOTICE OF BLASTING SCHEDULE PERMIT NO. 918-0414

In accordance with the provisions of 405 KAR 16:120, Gatliff Coal Company, 200 Allison Blvd. Corbin, KY 40701-7964, telephone 606-523-4444, proposes the following blasting schedule.  The blasting site encompasses approximately 33.6 acres located approximately 1.4 miles northeast of Colonel Hollow Road’s junction with Kentucky Route 26 and located on Bald Knob of King Mountain, in Whitley County.  The surface area on which blasting operations will be conducted is owned by Donald and Barbara Shupe, Mike and Leslie Nantz, Alva J. Nantz, Carol and John Mize, and Gatliff Coal Company.

Detonations of explosives are proposed to occur from sunrise to sunset Monday through Saturday.  The blasting schedule is for a period from May 7, 2011 to May 7, 2012.  Control of the blasting area will be maintained by posting blast warning signs and blocking access roads to the area prior to the blast.  Post-detonation access to the blasting area will be allowed only after an inspection and a warning signal will be given, that consists of a one minute series of long blasts of a siren, sounded five (5) minutes prior to the blast signal.  The blast signal will consist of a series of short siren blasts given one (1) minute prior to the detonation of the shot.  A post-detonation all-clear signal, consisting of a prolonged siren signal, will follow the inspection of the blast site.  These signals will be audible within one half mile of the blasting site and will be given with a siren.  This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto.  The Kentucky DNR Permit Number is 918-0414.