Legal Notices for 5/14/14, page 3

 

 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.

The Property to be sold is as follows:

Property Address: 410 Laurel Lake Resort Road, Corbin, KY 40701

The following described property located in Whitley County, Kentucky, to wit:

Being Lot No. 42 and Lot No. 43 in the Laurel River Resort, Inc. subdivision of Whitley County, Kentucky, a map or plat of which duly appears of record in Map Book 4, Page 65, Whitley County Court Clerk’s Office, to which map or plat reference is hereby made for a more complete and full description.

This deed is subject to the restrictions and covenants effecting the proposed lot to be conveyed by the Laurel River Resort, Inc., which the said restrictions and covenants are made a part of this agreement as if copied herein in full and which appears of record in Miscellaneous Record Book 26, Page 339, Whitley County Court Clerk’s Office.

Being the same property conveyed to Randall Miles, and his wife, Bobbie J. Miles who acquired title, with rights of survivorship, as to Lot Number 42, by virtue of a deed from Laurel River Resort, Inc., dated September 16, 1986, recorded December 29, 1986, at Deed Book 318, Page 302, Whitley County, Kentucky records.

Being the same property conveyed to Randall Miles, and his wife, Bobbie J. Miles who acquired title, with rights of survivorship, as to Lot Number 43, by virtue of a deed from Laurel River Resort, Inc., dated June 4, 1990, recorded June 9, 1990, at Deed Book 341, Page 315, Whitley County, Kentucky records.

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

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% 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, 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. 14-CI-00024

FIRST VOLUNTEER BANK, PLAINTIFF, VS. SHIRLEY MOSES; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIOER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 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 Defendant, Shirley Moses, plus costs, is as follows:

(1) The principal sum in the amount of $37,236.88 as of January 15, 2014, plus interest at a rate of 8.9% per annum until the date of judgment and post—judgment interest at the rate of twelve (12%) percent per annum and continuing until the debt is satisfied, plus attorney fees in the amount of $1,500.00, and for all other fees and costs herein expended.

PROPERTY ADDRESS:   142 E. Highway 6, Woodbine, KY 40771

A certain tract or parcel of land lying in Whitley County, Kentucky, in Woodbine, and being bounded as follows:

BEGINNING at Lawson’s corner and running with the County Road, now Highway 6, 60 feet to Sullivan’s Line; thence with Sullivan’s line N 81 E 103 feet to Brittain’s line at a stake; thence with Brittain’s line Southeasterly 97 ½ feet to the county road at the BEGINNING. 

BEING ALL OF THE SAME PROPERTY conveyed to Benny L. Moses and his wife, Shirley Moses, (now divorced) by deed dated August 4, 1986, and recorded in Deed Book 318, Page 80 of the Whitley County Court Clerk’s Office. See also Quit-Claim deed dated February 9, 2001 and recorded February 15, 2001 in Deed Book 424, Page 594 of the Whitley County Clerk’s Office, Williamsburg, 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% 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