Legal Notices for 5/13/09, page 2

COURT

P. O. DRAWER 1344

CORBIN, KY 40702

PHONE:606-528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT 

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00921

FIRST NATIONAL BANK & TRUST, PLAINTIFF,

VS.

JASON WILSON, single; WHITLEY COUNTY, KENTUCKY; and J FEATHERSON EXPLORATION COMPANY, DEFENDANTS.

NOTICE OF 

COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 13, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, June 1, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Jason Wilson, plus costs, are as follows:

(1) The sum of $68,230.21 as of March 23, 2009, with interest continuing to accrue thereon at a variable rate not less than 6.25% per annum and not to exceed 10.25% per annum, or a daily rate of $11.12 as of March 23, 2009, until paid in full; plus the sum of $20,642.88 as of March 23, 2009, with interest continuing to accrue thereon at a variable rate not less than 6.5% per annum and not to exceed 10.50% per annum, or a daily rate of $3.99 as of March 23, 2009, until paid in full; plus attorney fees.

The property to be sold is as follows:

TRACT I:  BEGINNING on a set iron pin and cap in the western edge of Sandy Ridge Road (15 feet from approximate centerline), said pin being a corner common to Hershel Morris (DB 266, PG 131) and located approximately 0.25 miles southeast of the intersection of Sandy Ridge Road and Devil’s Creek Road, thence leaving said road and with 3 lines common to said Morris N 58-03-29 W 70.89 feet to a point, (said point being located S 58-03-29 E, 109.16 feet from a set iron pin and cap on the northwest corner of Tract 2 of this conveyance), thence S 21-57-07 W 100.04 feet to a point, thence S 58-25-36 E 68.12 feet to a point in the western edge of Sandy Ridge Road (15 feet from approximate centerline), (said point being located N 14-03-47 E 71.94 feet from a set iron pin and cap on the southeast corner of Tract 2 of this conveyance), thence with the western edge of said road N 14-03-47 E 15.30 feet to a point, thence N 25-11-16 E 84.10 feet to the point of beginning, containing 0.15 acres by survey conducted on February 6, 2003, by Richard A. Reece, PLS #3358 with H&R Surveying.

Unless stated otherwise by any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with orange plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the magnetic meridian as observed in the field on February 6, 2003, by taking random sight and turning angles therefrom.

TRACT II:  BEGINNING on a point, said point being a corner common to Michael Morris (DB 337, PG 65A) (and located N 58-03-29 W 70.89 feet from a set iron pin and cap in the western edge of Sandy Ridge Road 15 feet from approximate centerline a corner common to Tract 1 of this conveyance), and located approximately 0.25 miles southeast of the intersection of Sandy Ridge Road and Devil’s Creek Road, thence leaving line common to said Morris and with 4 new division lines severing the parent tract N 58-03-29 W 109.16 feet to a set iron pin and cap, thence S 35-24-09 W 167.05 feet to a set iron pin and cap, thence S 58-06-29 E 226.80 feet to a set iron pin and cap in the western edge of Sandy Ridge Road (15 feet from approximate centerline), thence with the western edge of said road, N 14-03-47 E 71.94 feet to a point, said point being a corner common to Michael Morris (DB 337, PG 65A), thence with 2 lines common to said Morris N 58-25-36 W 68.12 feet to a point; thence N 21-57-07 E 100.04 feet to the point of beginning, containing 0.61 acres by survey conducted on February 6, 2003, by Richard A. Reece, PLS #3358 with H&R Surveying.

Unless stated otherwise by any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with orange plastic cap stamped H&R PLS #3358.  All bearings given herein are referenced to the magnetic meridian as observed in the field on February 6, 2003, by taking random sight and turning angles therefrom.

Being all the same property conveyed to Jason Wilson by deed from Michael Morris, et al., of record in Deed Book No. 446, Page 642, Whitley County Court Clerk’s Office.

ALSO:

A certain tract or parcel of land lying and being on Sandy Ridge road, approximately 0.30 miles southeast of its junction with Devils Creek Road, and approximately 1.9 miles Southwest of the junction of Devils Creek Road, and U.S. Highway 25W, in the County of Whitley, State of Kentucky, and bounded and described as follows, to wit:  BEGINNING at a ½” steel rebar found with a orange plastic cap stamped H&R, PLS 3358, 15.00 feet West of centerline Sandy Ridge Road, See D.B. 266, Pg. 131, a corner to Jason Wilson, D.B. 441, Pg. 511, Tract II, thence leaving said Wilson and with said Sandy Ridge Road, S 16-56-59 W, 198.70 feet to a steel rebar set, a corner to Herhsel and Gladys Morris reserve parcel, D.B. 266, Pg. 131, thence leaving said Sandy Ridge Road and serving the land of said Morris with all new lines, N 58-08-55 W, 226.80 feet to a steel rebar set, thence N 16-57-21 E, 198.85 feet to a ½” steel rebar found, with a orange plastic cap stamped H&R PLS #3358, a corner to the aforementioned Jason Wilson, thence leaving said Morris reserve parcel and with a line of said Wilson, S 58-06-29 E, 226.80 feet to the place of beginning and containing one (1.00) acre more or less, with all bearings referred to the 2003 magnetic meridian, according to D.B. 441, Page 511, based on ties found monuments and all steel rebars set being 5/8” x 20” with yellow plastic cap stamped RSP, PLS 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Licensed Professional Land Surveyor, 2776, on August 25, 2003.

The above described parcel of land may be subject to recorded or unrecorded rights of ways or easements which are not shown by this boundary survey.

Being the same real property conveyed to Jason Wilson by deed from Hershel Morris and wife, Gladys Morris, dated 9-17-2003, of record in Deed Book No. 446, Page 642, Whitley County Court Clerk’s Office.

Said property address is:  1765 Sandy Ridge Road, 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.

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 with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 11th day of May, 2009.

HOWARD O. MANN

MASTER 

COMMISSIONER

WHITLEY CIRCUIT 

COURT

P. O. DRAWER 1344

CORBIN, KY 40702

PHONE:606-528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT 

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00691

COMMERCIAL BANK, formerly known as UNION NATIONAL BANK AND TRUST

COMPANY OF BARBOURVILLE, PLAINTIFF,

VS.

GAIL COLLETTE, ET AL., DEFENDANTS.

 

NOTICE OF 

COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 9, 2009, and subsequent Order entered April 13, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, June 1, 2009, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Gail Collette and Norman Collette, plus costs, are as follows:

(1) The sum of $160,030.15 plus interest on $157,096.47 at the rate of 6% per annum from January 22, 2008, until paid, plus the Plaintiff’s legal expenses and a reasonable attorney’s fee to be set by further order of this Court.

There are two tracts of property to be sold herein.  The description for Tract 1 is as follows:

TRACT 1:  

A certain tract of land lying on the north side of Whippoorwill Road, approximately 0.35 mile east of the junction of Whippoorwill Road and KY 1193, in Whitley County, Kentucky, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “steel stake” is a set ½ inch diameter rebar stake, approximately twenty four inches in length, with a yellow plastic cap stamped “EG 3276”.  All bearings stated herein are referred to the magnetic meridian as observed on August 22, 2001, along the south side of the property described herein.

BEGINNING at a steel stake set in the north right-of-way line of Whippoorwill Road, 15 feet from the road center line, bearing N 64-24-47 E, 158.90 feet from a steel stake found in the north right-of-way line, 75.00 feet west of the center line of the KU Transmission Line Easement, a new corner to Mike Hatfield (DB 429, PG 245) and the tract described herein; thence severing the Mike Hatfield property N 51-50-07 W, 592.51 feet to a steel stake set; thence continuing with the Mike Hatfield line N 61-36-07 E, 859.07 feet to a steel stake set; thence with same S 26-39-44 E, 357.43 feet to a steel stake set, a corner to Thomas Begley (DB 274, PG 503) and the tract described herein; thence with the Thomas Begley line S 76-51-30 W, 150.00 feet to a steel stake set; thence with same S 51-48-44 E, 300.81 feet to a steel stake set in the north right-of-way line of Whippoorwill Road, 15 feet from the road center line; thence with the right-of-way line S 69-28-59 W, 143.31 feet to a point; thence with same S 65-31-36 W, 446.59 feet back to the point of Beginning, containing 9.00 acres, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on January 08, 2002.

Being the same property acquired by Norman Collette and wife, Gail Collette, from Mike Hatfield and wife, Melinda Hatfield, by deed of conveyance dated February 1, 2002, and of record in Deed Book 432, Page 700, Whitley County Court Clerk’s Office.  Also see deed from Norman Collette to Gail Collette, dated October 28, 2005, and recorded in Deed Book 465, Page 86. 

A 1997 Kent mobile home, VIN # G517089; a 1995 Legend mobile home, Serial Number HL50881AL; and a 1995 Sunshine mobile home, VIN #ALS36023, are also included with this sale. 

Said property address is: 523 Whippoorwill Road, 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.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 20% down with the balance in 90 days with interest at 6%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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.

The description for Tract 2 is as follows:

TRACT 2:

A certain tract of land lying on the north side of Whippoorwill Road, approximately 0.35 mile east of the junction of Whippoorwill Road and KY 1193, in Whitley County, Kentucky, and bounded and described as follows:

Unless stated otherwise, any monument referred to herein as a “steel stake” is a set ½ inch diameter rebar stake, approximately twenty four inches in length, with a yellow plastic cap stamped “EG 3276”.  All bearings stated herein are referred to the magnetic meridian as observed on August 22, 2001, along the south side of the property described herein.

BEGINNING at a steel stake set, bearing N 51-50-07 W, 592.51 feet from a steel stake set in the north right-of-way line of Whippoorwill Road, 15 feet from the road center line, a new corner to Mike Hatfield (DB 429, PG 245) and the tract described herein; thence severing the Mike Hatfield property along the following calls:  N 49-57-06 W, 172.44 feet to a steel stake set; N 51-48-00 E, 945.97 feet to a steel stake set; S 26-39-43 E, 321.57 feet to a steel stake set; S 61-36-07 W, 859.07 feet back to the point of beginning, containing 5.00 acres, more or less, all according to a survey performed by Grande Engineering, conducted by Edvard Grande, Kentucky Licensed Professional Land Surveyor No. 3276, on January 8, 2002, and January 9, 2003.

Being the same property acquired by Norman Collette and wife, Gail Collette, from Mike Hatfield, a single person, by deed of conveyance dated August 29, 2003, and of record in Deed Book 446, Page 424, Whitley County Court Clerk’s Office.  See also deed from Norman Collette to Gail Collette, dated October 28, 2005, and recorded in Deed Book 465, Page 82.

A 2003 Champion 28 x 52 doublewide mobile home, Serial Number 20903FL54802A/B, is also included with this sale. 

Said property address is: Whippoorwill Road, Corbin, KY 40701.

 

TERMS OF SALE

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

9. On the date of sale, the purchaseither pay cash or, with surety on a bond approved by the Commissioner, may pay 20% down with the balance in 90 days with interest at 6%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

10.  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.

11. 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.

12. 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.

13. 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.

14. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 11th day of May, 2009.

HOWARD O. MANN

MASTER 

COMMISSIONER

WHITLEY CIRCUIT 

COURT

P. O. DRAWER 1344

CORBIN, KY 40702

PHONE:606-528-0616

NOTICE OF INTENTION TO MINE

Pursuant to

Application Number 918-8012, Renewal

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC 

332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for a preparation plant coal processing facility affecting 55.6 acres located 2.0 miles southeast of Nevisdale in Whitley County.

The proposed facility is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY Hwy. 904 and located 0.01 mile south of Bennetts Branch.

The proposed operation is located on the Saxton, KY 7½ minute quadrangle map.  The surface area is owned by Begley Properties, LLC.

The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

NOTICE OF INTENTION TO MINE

Pursuant to 

Application Number 918-5187, Renewal

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC 

332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for an underground coal mining operation located 2.0 miles southeast of Nevisdale in Whitley County.  The proposed operation will disturb 173.9 surface acres and will underlie 1,841.0 acres and the total area within the permit boundary will be 2,014.9 acres.

The proposed operation is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY 904 and located at the head of Bennetts Branch.

The proposed operation is located on the Saxton and Frakes, KY 7½ minute quadrangle maps.  The surface area to be disturbed is owned by Begley Properties, LLC.  The operation will underlie land owned by Begley Properties, LLC.

The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

NOTICE OF INTENTION TO MINE

Pursuant to 

Application Number 918-0404, 

Amendment No. 2

In accordance with KRS 350.070 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for an amendment to an existing surface coal mining and reclamation operation located 3.2 miles southeast of Nevisdale in Whitley County.  The amendment will add 30.02 acres of surface disturbance making a total area of 390.85 acres within the amended permit area.

The proposed amendment area is approximately 2.7 miles southeast from Keswick-Gatliff Road’s junction with KY 904 and located near the head of Cane Creek.

The proposed amendment is located on the Frakes and Saxton, KY 7½ minute quadrangle map.  The operation will use the contour and auger method of surface mining.  The surface area to be disturbed by the amendment is owned by the Gibbs & St. Clair Heirs.  The operation will use the contour, area and auger methods of mining.

The amendment application has been filed for public inspection at the Department for Mining Reclamation and Enforcements, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

INSPECTION PERIOD

FOR THE PROPERTY TAX ASSESSMENT ROLL

The Whitley County real property tax roll will be opened for inspection from May 11 through May 26, 2009. The courthouse will be closed in observance of Memorial Day on May 25, 2009. 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, 2009 assessment on which state, county, and school taxes for 2009 will be due about September 15, 2009.

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