Legal Notices for 5/1/13, page 2

 

 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. 11-CI-00476

TAX EASE LIEN INVESTMENTS 1, LLC,  PLAINTIFF, VS. ROY ENERGY CORPORATION; YOUNG ENERGY CORPORATION; JPH LIEN SERVICES, LLC; AND WHITLEY COUNTY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Roy Energy Corporation, plus costs is as follows:

(1) The sum in the amount of $909.04 for acquisition costs of the 2007 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 11, 2008; plus an administration fee of $100.00; plus a pre-litigation attorney fees of $536.50;

(2) The sum in the amount of $1,267.51 for acquisition costs of the 2008 tax bill, plus twelve percent (12%) interest per annum from the date of the Plaintiff’s acquisition of said bill of August 26, 2009; plus an administration fee of $100.00; plus a pre-litigation attorney fees of $397.50; actual and reasonable attorney’s fees of $1,300.00; and $467.90 in filing fees, court costs and service costs; and other costs herein expended; and compounded judicial interest of twelve percent (12%) per annum.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: Little Patterson Creek, Whitley County, Kentucky.

Map ID#: 148-00-00-009.00

BEGINNING on a stone near a sweet gum; thence N 86 E 7 7/8 poles to a stone; thence N 1.5 W. 20 ½ poles to a stone; thence N 86 W 7 7/8 poles to a black oak at the County Road; Thence N 56 W 7 poles to a small black oak; thence N 20 poles to a double sourwood; thence N 33 W 11 poles to a small hickory; thence N 23 E 11 poles to a sweet gum near the branch; thence N 18 W 70 poles to a black oak and white oak; thence S 63 W 40 poles to a small black oak standing on a bluff; thence down the mountain S 18 E 20 poles to a hickory; thence S 14 W 25 poles to a sassafras S 38½ E 12 poles to a chestnut; thence  S 5 E 6 poles to a black gum near the mountain road on the spur; thence down the spur on ridge S 41 E 52 poles to a stone in the field; thence N 85 E 27 poles to the Beginning.

Being the same property conveyed to Roy Energy Corporation, by deed dated July 23, 1979, recorded in Book 283, page 103, office of Whitley County Clerk’s Office, (“Property”).

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%.  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, and should the bid of Plaintiff be less than its liens herein, then, and in that event, they may take a credit upon its 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 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 23rd day of April, 2013.

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. 11-CI-00803

Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Leonard Bryant, individually and as Administrator of the Estate of Evelyn Bryant; Unknown Defendant, spouse of Leonard Bryant; Timmy Bryant; Unknown Defendant, spouse of Timmy Bryant; Robert Bryant; Unknown Defendant, spouse of Robert Bryant; Patricia Hammack; Unknown Defendant, spouse of Patricia Hammack; Brenda Bryant; Unknown Defendant, spouse of Brenda Bryant; Barbara Shelton; Unknown Defendant, spouse of Barbara Shelton; United Credit Card Bank, N.A.; Delta Petroleum Corporation,  Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, and subsequent Orders entered on December 3, 2012, March 4, 2013 and April 1, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $76,639.91, plus interest from November 1, 2010, in the amount of $7,759.63, plus late charges in the amount of $154.84, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $3,963.61, plus credits in the amount ($131.20), for a total in the amount of $88,386.79, together with interest at the rate of 8.125% per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1615 Highway 1481, Williamsburg, Kentucky 40769.

THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN WHITLEY COUNTY KENTUCKY, AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:

BEGINNING AT A PINE AND STONE SIDE OF STATE ROAD; THENCE SOUTHEAST 200 FEET TO PINE AND STONE; THENCE SOUTHWEST 185 FEET TO MULBERRY AND STONE; THENCE NORTH 380 FEET TO A STONE; THENCE EAST 157 FEET BACK TO THE BEGINNING CORNER.

TAX ID#: 040-00-00-034.00

Being the same property conveyed to Evelyn Bryant, by deed dated July 13, 1979 and recorded in Deed Book 280, Page 277 in the Office 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 (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, 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 23rd day of April, 2013.

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. 12-CI-00191

JPMorgan Chase Bank, National Association, PLAINTIFF, VS Samuel D. Taylor; Kelda D. Taylor; JMorgan Chase Bank, N.A., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 1, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Samuel D. Taylor and Kelda D. Taylor, plus costs is as follows:

(1) The principal sum in the amount of $206,541.97, plus interest on the principal sum at the rate of 5.625% per annum from October 1, 2011 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.

The following real property located in Whitley County, KY, and more particularly bounded and described as follows:

Property Address: 185 Derby Trail, Corbin, Kentucky 40701.

Parcel Number: 102-20-00-088.00.

Parcel I:

Being Lot Nos. 120, 44A and 43A of the Tattersall Trails Estates in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 20, Whitley County Court Clerk’s Office, and to which maps or plats reference is hereby made for a more full and complete description of said lots.

Parcel II:

A certain lot or parcel of land, lying and being in Whitley County, Kentucky, and more particularly described as follows:

Being Lot No. 43 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book No. 3, Page No. 14, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said Lot.

Parcel III:

A certain Lot or parcel of land, lying and being in Whitley County, Kentucky, and more particularly described as follow:

Being Lot No. 44 of the Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book No. 3, Page 14, Whitley County Court Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said Lot.

Being the same property conveyed to Samuel D. Taylor, no marital status shown who acquired title by virtue of a deed from Dennis A. Wood and his wife and Patricia L. Wood, dated March 18, 1999, filed March 20, 1999, recorded in Deed Book 407, Page 210, County Clerk’s Office, Whitley County, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down 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, they may take a credit upon its 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 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 23rd day of April, 2013.

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. 12-CI-00694

 

GREEN TREE SERVICING LLC,  PLAINTIFF, VS. STEVEN L. CRAWFORD; SHERRI L. CRAWFORD; JEFFREY LYNN JONES; and SHARON JONES; FORD MOTOR CREDIT COMPANY; US BANK CUSTODIAN SASS MUNI V DTR; TAX EASE LIEN SERVICING LLC; and WHITLEYCOUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 18, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Steven L. Crawford, plus costs, is as follows:

(1) The Defendant, Steven L. Crawford, is indebted to the Plaintiff, Green Tree Servicing LLC, in the sum of $48,878.53 as of July 31, 2012, with interest thereon at the contract rate of 9.75% per annum until the date of entry hereof, and thereafter at the contract rate, until paid for all of which the Plaintiff shall have judgment in rem, together with interest and the costs of this action.

(2) There is a 2000 Champion Mobile Home, Serial No. 21-01-645-06034 that is permanently affixed and shall be included with the real property.

Said property address is: 931 Highway 204 E., Williamsburg, KY 40769.

The property to be sold is as follows:

Being Lot No. 3 of Landing Subdivision, a map or plat of which is of record in Map Book 4, Page 202, Slide 305, to which map or plat reference is hereby made for a more complete description of said lot.

Building on the above lot is subject to the Deed Restrictions and covenants of Landing Subdivision of record in Miscellaneous Book 95, Page 13, Whitley County Court clerk’s Office, and subject to the Amendment to Restrictions of record in Miscellaneous Book 99, Page 282, Whitley County Court Clerk’s Office.

Being the same property conveyed to Ray Lantham and Beverly Lanham, husband and wife, and Harold and Judy Brown, husband and wife, from Nancy Cole Davis, single by deed dated January 10, 1997, Deed Book 390, Page 242, of record in the Office of the Whitley County 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 (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, 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 pursuant to the judgment entered, and no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for 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 23rd day of April, 2013.

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. 12-CI-780

JPMorgan Chase Bank, National Association, Plaintiff, VS. Tracy Baze aka Tracy Weston Baze; Commonwealth of Kentucky, Defendants

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 1, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Tracy Baze aka Tracy Weston Baze, plus costs, is as follows:

(1) The principal sum in the amount of $70,042.03, plus interest from 10/1/11 – 12/31/12 in the amount of $5,690.85, plus pre-acceleration late charges in the amount of $110.89, plus total escrow in the amount of $3,520.52, for a total in the amount of $79,364.29, together with interest at the rate of 6.5000 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 $1,150.00, 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: 325 16th Street, Corbin, KY 40701.

Two lots Nos. 23 and 24 in Block “D” in Lincoln Park Addition to Corbin, Kentucky, a map or plat of which is of record in Map Book No. 1 at Page 8, Whitley County Clerk’s Office

Being the same property conveyed to Tracy Baze, a single person, by Deed date February 22, 2008 recorded on February 27, 2008 in Deed Book 482, Page 181 of the Clerk’s Records in Whitley County, Kentucky.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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, 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 23rd day of April, 2013.

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-00048

 

U.S. Bank National Association, as Trustee for the Specialty underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates Series 2006-BC2, Plaintiff, VS. Anngeleda M. Cornet; Joseph V. Cornett, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 1, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Anngeleda M. Cornett and Joseph V. Cornett, plus costs, is as follows:

(1) The principal sum in the amount of $110,591.40, plus interest from 06/1/08 in the amount of $49,333.56, plus advances total in the amount of $13,863.81, plus credits in the amount of ($396.22), for a total in the amount of $173,392.55 together with interest at the rate of 11.750 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, 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: 1915 South Lake Avenue, Corbin, KY 40701.

All those certain lots in Mountain Lake Park Addition to the City of Corbin, map of which is on record in the office of Whitley County Clerk in Map Book #1, Page 116, and which lots are numbered 15, 16, 17, 18, and so much if Lot #4 as lies North of Bacon Creek which lots front from Lake Avenue for a distance of 50 feet each and extend back East approximately 162 feet.  To said map reference is made further description.  Said lots are in Block K and Block L in said addition.

AND

Said property being known on the Mountain Park Addition, as it lies between Block “J” and Block “K”, recorded in Map Book No. 1, Page 116, records of the Whitley Court Clerk’s Office, Williamsburg, Kentucky.  Said property being located in Corbin, Whitley County, Kentucky.

Beginning at a survey marker [2130] being a northwest corner of property belonging to the Corbin Board of Education [recently purchased from the GF Jones Estate, (DB 162, Pg 270)].  Said survey marker also being a northeast corner of William A. Bird and Selma J. Bird [DB 245, Pg 041]; thence leaving the lines of the Corbin Board of Education, N 87 degrees 38 minutes 15 seconds W., with a north line of William A. Bird and Selma J. Bird, 162.00 feet to the east right of way of South Lake Avenue; thence leaving the lines of William A. Bird and Selma J. Bird, continuing with the east right of way of South Lake Avenue; thence N 03 degrees 19 minutes 33 seconds W., 15.075 feet to a survey marker [set]; thence leaving the east right of way of South Lake Avenue, S 87 degrees 38 minutes 15 seconds E., passing a survey marker [set] at 151.25 feet, in all total distance of 161.35 feet to a survey marker [set]; thence S 05 degrees 46 minutes 58 seconds E., 15.15 feet to the BEGINNING CORNER; containing 0.0557 acres.

The north datum utilized for this description is based on magnetic north as observed on the Stonington of Bacon Creek Subdivision.

All survey markers [set] are ½” rebars approximately 24 inches in length with a plastic cap stamped PLS No. 2130.

Survey and description by J.O. Cannon & Associated, Inc., while under the direct supervision of Bill Ed Cannon, KY PLS No. 2130.

Being the same property conveyed to Joseph V. Cornett and Anngeleda M. Cornett, husband and wife, on January 26, 2004 and recorded on January 30, 2004 in Deed Book 450, Page 79 of the records of the Whitley County Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 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, 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 23rd day of April, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE:606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION II

CIVIL ACTION NO. 13-CI-00014

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF VS: BEN BRYANT, single;  ANITA KELLY, single; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 18, 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, May 20, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Ben Bryant, plus costs, is as follows:

(1) The sum in the amount of $26,581.28, as of February 28, 2013, plus interest at the rate of 7.75% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   805 Rosetown Church Road, Corbin, KY 40701.

BEGINNING at a railroad spike on the East side of a black top county road near Bark Camp creek; thence leaving road and running N 77 degrees 00 minutes E 135.00 feet to a stake in a pasture field; thence N 02 degrees 30 minutes W 135.00 to a stake; thence N 82 degrees 30 minutes W 123.00 feet to a stake on the East side of said county black top road; thence with said road S 01 degrees 30 minutes W 179.50 feet to the point of BEGINNING containing 0.465 acres more or less.

BEING THE SAME PROPERTY ACQUIRED by Ben Bryant, single, by deed dated April 8, 2002, from Donald Bryant, single, and recorded in Deed book 434, Page 342 of the Whitley County Court Clerk’s Office.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no 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 23rd day of April, 2013.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE:606-528-0616

 

INSPECTION PERIOD

FOR THE PROPERTY TAX ASSESSMENT ROLL

The Whitley County real property tax roll will be opened for Inspection from May 6, 2013 through May 20, 2013. 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, 2013 assessment on which state, county, and school taxes for 2013 will be due about September 15, 2013.

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