Legal Notices for 5/14/14, page 1

 

 NOTICE OF BOND RELEASE

 

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase II and Phase III Bond Release on Increments No. 1, 2, 3, 4, 5, 6, 8, and 9 of permit number 918-0445 which was last issued on April 02, 2012. The application covers an area of approximately 340.1 acres located 2.26 miles south of the junction of Gatliff Road with KY 904 near the head of Patterson Creek south of Nevisdale in Whitley County, KY. The latitude is 36°39’32”. The longitude is 84°02’37”.

The bonds now in effect are as follows: Increment One (1) is a Surety Bond in the amount of $15,600.00. Approximately 40% of the original bond amount of $45,900.00 is included in this application for release. Increment Two (2) is a Surety Bond in the amount of $18,500.00. Approximately 40% of the original bond amount of $50,500.00 is included in this application for release.  Increment Three (3) is a Surety Bond in the amount of $15,400.00. Approximately 40% of the original bond amount of $39,000.00 is included in this application for release. Increment Four (4) is a Surety Bond in the amount of $10,600.00. Approximately 40% of the original bond amount of $26,400.00 is included in this application for release.  Increment Five (5) is a Surety Bond in the amount of $16,200.00. Approximately 40% of the original bond amount of $50,600.00 is included in this application for release. Increment Six (6) is a Surety Bond in the amount of $10,200.00. Approximately 40% of the original bond amount of $17,500.00 is included in this application for release. Increment Eight (8) is a Surety Bond in the amount of $14,900.00. Approximately 40% of the original bond amount of $56,100.00 is included in this application for release. Increment Nine (9) is a Surety Bond in the amount of $10,300.00. Approximately 40% of the original bond amount of $28,100.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed September 2011. Trees were planted in the appropriate areas on March 12, 2013.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by July 5, 2014.

A public hearing on the application has been scheduled for July 8th  at 9:00 am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by July 5, 2014.

 

City of Williamsburg Public Notice

Notice is hereby given that the City of Williamsburg has filed an application with the Energy and Environment Cabinet to construct water and sewer lines adjacent to Briar Creek at the Kentucky Splash Water Park site. Any comments or objections concerning this application shall be directed to: The Kentucky Division of Water Permit Branch, Floodplain Management Section at 200 Fair Oaks Drive, Frankfort, KY 40601. Phone: (502) 564-3410.

 

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-743

Deutsche Bank National Trust Company fka Bankers Trust Company of California, National Association as Trustee for the Certificateholders Vendee Mortgage Trust 2001-1 United States Veteran Affairs, guaranteed Remic Pass-Through Certificates, Plaintiff, VS. R.L. McCullah; Edna McCullah; Commonwealth of Kentucky – Finance and Administration Cabinet; Central Financial Services, Inc.; Unknown Defendant, Spouse of R.L. McCullah; and Unknown Defendant, Spouse of Edna McCullah, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2014, and a subsequent Order entered April 30, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 2, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, R.L. McCullah and Edna McCullah, plus costs, is as follows:

(1) The principal sum in the amount of $114,107.20, plus interest from 01/01/10  in the amount of $35,617.90, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $11,686.26, plus late charges in the amount of $144.34, for a total in the amount of $161,555.70, together with interest at the rate of 8.000 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 $1,100.00, 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:   2640 North Highway 25 W, Williamsburg, KY 40769

Beginning at an iron pipe on the west line of James David Thornhill Tract and being approximately 7.1 feet from the intersection of the Smith property; thence S 23 degrees 14 minutes W 108.7 feet; thence for two calls S 58 degrees 35 minutes W 90 feet and S 60 degrees 41 minutes W 75 feet to a point; thence N 2 degrees 45 minutes W 201.2 feet to a point; thence N 78 degrees 27 minutes E 80.59 feet to an iron pin; thence S 78 degrees 38 minutes 114.9 feet to a point; thence 7.1 feet to the point of beginning, and containing approximately .60 acres.

Together with the rights if ingress and egress by way of a 12’ driveway extending from US 25 across other lands of Charles C. Smith.

Said property was conveyed to R.L. McCullah and Edna McCullah, husband and wife, by Secretary of Veterans Affairs, on September 28, 2000, by a deed recorded on October 27, 2000, in Deed Book 422, Page 539, in the Office 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 percent (1/3%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 13th day of May, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-406

CitiMortgage, Inc. successor by merger to ABN AMBRO Mortgage Group, Inc., Plaintiff, VS. Pilgrim Energy, Inc.; Vell Rea Chandler AKA Vell Rea Fox; and Ricky Fox, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 2, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The IN REM judgment against the Defendants, Vell Rea Chandler AKA Vell Rea Fox and Ricky Fox, plus costs, is as follows:

(1) The principal sum in the amount of $89,089.46, plus interest from 07/01/11 in the amount of $15,771.54, plus total Escrow in the amount of $5,027.84, plus Broker’s Price Opinion/Appraisal in the amount of $84.00, plus interest on Escrow Advance in the amount of $237.68, plus a returned payment fee in the amount of $15.00, for a total in the amount of $110,441.52, together with interest at the rate of 6.6250 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 $1,450.00, 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: 1815 Whetstone Road, Rockholds, KY 40759

Tax Parcel No.: 174-00-00-011.00

The following property in Whitley County, Kentucky, containing approximately 46 acres and described as follows:

Being Lot #2 and beginning on a stone the southeast corner of Lot #1; thence running with Lot #1 crossing the creek S 71° W 100 feet and with the meanders of the branch S 62-½° W 362 feet; thence S 84-½° W 325 feet; thence N 85° W 300 feet; thence S 88-½° W 334 feet; thence N 75-½° W 352 feet;  thence continuing with Lot #1 and up a small branch as it meanders S 7° W 271 feet; thence S 47-½° W 226 feet; thence S 36° W 309 feet; thence S 50-½° W 241 feet to a large white oak, corner of Frank Lawsons also a corner of Lots #1, 2, and 3; thence with the line of Lot #3 S 42-½° E 252 feet to a hickory; thence due east 439 feet to a beech on the south edge of the branch; thence S 81-½° E 168 feet down the branch to a maple; thence S 70-½° E 303 feet to a mulberry; thence N 86 E 210 feet to a maple; thence N 70 E 338 feet to a forked maple bush; thence N 47-½° E to a maple on the north bank of the branch a distance of 148 feet; thence N 31-½° E 266 feet; thence N 70-½° E 189 feet; thence E 189 feet; thence N 76-½° E 141 feet; thence N 54° E 80 feet; thence N 74° E 48 feet to the mouth of the branch; thence S 56° E with the creek to the black walnut on the south side of the creek a distance of 48 feet; thence crossing the creek N 50-½° E 100 feet to the west property line of the whetstone gravel; thence up the road N 13° W 510 feet; thence N 22-½° W 100 feet; thence N 33° W 260 feet to the Beginning.

LESS AND EXCEPT:

Except the part that was sold to Rosealee J. Gilley in Deed Book 425, Page 35, and described as follows:

Beginning at a ½” rebar and cap, said rebar a new corner to the parent tract of Raymond and Vell Chandler (Deed Book 404, pg. 881) bearing South 61 degrees, 06 minutes, and 19 seconds East, 260.85 feet to the Mouth of the Branch at Whetstone Creek corner to said parent tract; thence severing the parent tract S 14° 06’ 08 E 241.87 feet to a ½” rebar and cap in the center of said branch, said rebar in the line of J. Marie Miller (Deed Book 381, pg. 271); thence leaving said Chandler tract and running with said Miller tract and up the center of said branch the following calls: S 46° 56’ 33” W 6.51 feet to a point; S 89° 11’ 13” W 10.68 feet to a point; S 49° 51’ 21” W 29.46 feet to a point; S 87° 50’ 01” W 9.87 feet to a point ; S 65° 51’ 55” W 51.32 feet to a point; S 30° 34’ 36” W 7.57 feet to a point; S 80° 27’ 14” W 23.06 feet to a point; N 77° 10’ 34” W 42.16 feet to a point; N 58° 43’ 15” W 12.23 feet to a point; S 74° 53’ 32” W 13.95 feet to a point; N 70° 10’ 55’ W 8.75 feet to a ½” rebar and cap, said ½” rebar in center of said branch; thence leaving said Miller tract and severing said parent tract the following calls: N 02° 29’ 02” W 223.00 feet to a 32” White Oak with three hacks, bearing N 70° 17’ 08” E 20.00 feet to a ½” rebar and cap (witness monument); thence N 70° 17’ 08” E 154.28 feet to the point of the Beginning and containing a calculated area of 1.00 acres according to a boundary survey by Bobby B. Anderson PLS #3377 with Appalachian Technical Services on February

Subject to an easement for right of way for ingress and egress to the above described property being located at its existing location.

AND

Except the part that was sold to George R. Chamberlin and Margaret Lynn Chamberlin, husband and wife, in Deed Book 426, Page 378, and described as follows:

Beginning at a ½” rebar and cap said rebar a new corner to the parent tract of Raymond and Vell Chandler (Deed Book 404, pg. 881) bearing South 74 degrees, 19 minutes, and 57 seconds East, 745.64 feet to the Mouth of the Branch at Whetstone Creek corner to said parent tract the following calls: South 03 degrees, 02 minutes, 23 seconds East 300.00 feet to a ½ rebar cap; thence North 86 degrees, 57 minutes, 37 seconds East 435.67 feet to the point of the beginning and containing a calculated area of 3.00 acres according to a boundary survey by Bobby B. Anderson PLS #3377 with Appalachian Technical Services on February 21, 2001.

Subject to an easement for right of way for ingress and egress to the above described property being located at its existing location.

LESS AND EXCEPT any interest in the oil and natural gas estate now owned by Pilgrim Energy, Inc., more specifically described in the Deed recorded in Deed Book 491, Page 698, in the Whitley County Clerk’s Office.

Being a part of the same property conveyed by Albert Chandler and Marjorie Chandler, husband and wife, to Raymond C. Chandler and Darlene Chandler, husband and wife, by Deed dated July 16, 1966, executed on August 16, 1966, and recorded on September 23, 1966 in Deed Book 220, Page 325 of the records of the Whitley County Clerk’s Office. 

Being a part of the same property further conveyed by Darlene Chandler, single, to Raymond C. Chandler, single, by Quitclaim Deed dated October 20, 1976 and recorded on November 2, 1976 in Deed Book 263, Page 585 of the records of the Whitley County Court Clerk’s Office. 

Being the same property further conveyed by Raymond C. Chandler and Vell Rea Chandler, husband and wife, to Kyra Walker, single, by Deed dated November 20, 1998, and recorded on November 20, 1998 in Deed Book 404, Page 878 of the records of the Whitley County Court Clerk’s Office. 

Being the same property further conveyed by Kyra Walker, single, to Raymond C. Chandler and Vell Rea Chandler, husband and wife, by Survivorship Deed dated November 20, 1998, and recorded on November 20, 1998 in Deed Book 404, Page 881 of the records of the Whitley County Clerk’s Office. 

Raymond Chandler died on 03/23/03, and pursuant to the survivorship clause of their Deed, all right, title and interest in the property became vested in his wife, Vell Rea Chandler.

Being the same property further conveyed by Vell Rea Fox fka Vell Rea Chandler and Ricky Fox, husband and wife, to Vell Rea Fox fka Vell Rea Chandler and Ricky Fox, husband and wife, by Deed dated November 26, 2007 and recorded on November 27, 2007 in Deed Book 480, Page 543 of the records 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 one-third percent (1/3%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12% per annum from the date of sale until paid.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

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

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

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

Dated this 13th day of May, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 13-CI-00805

CitiFinancial Servicing, LLC, PLAINTIFF, VS. Randall Miles; Bobbie Miles, AKA Bobbie J. Miles; Capital One Bank (USA), N.A. fka Capital One Bank, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 5, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, June 2, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The In Rem default judgment against the Defendants, Randall Miles and Bobbie Miles, AKA Bobbie J. Miles, plus costs is as follows:

(1) The principal sum in the amount of $82,794.25, plus interest on the principal sum at the rate of 11.88% per annum from November 20, 2012 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. <