Legal Notices for 5/23/12, page 1
NOTICE OF BOND RELEASE
In accordance with the provisions of KRS 350.093, notice is hereby given that D & H Coal Company of Laurel County, Inc., P.O. Box 1016, Williamsburg, KY 40769, has applied for a Phase I bond release of Permit No. 918-0415, Increments #1, #2, #3, and #4, which was last issued on 12-22-2010. This application covers an area of 58.4 acres of surface area and located approximately one half mile southwest of the community of Faber in Whitley County, Kentucky.
The permit area is approximately 0.4 mile west of State Route 26’s junction with Faber Corinth Road and located 0.25 mile east of Interstate 75. The latitude is 36°52’ 51”, the longitude is 84° 08’ 01”.
The letter of credit bonds now in effect total $103,300.00, of which approximately 60 percent is requested to be included in this phase of bond release.
Reclamation work performed includes: As of December 24, 2010, the mine site has been backfilled to the approved post mining slope, and seeded and mulched according to the revegetation plan.
Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at: Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by June 29, 2012.
A public hearing has been scheduled for 9:00 a.m. on July 2, 2012, at the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY 40965. This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by June 29, 2012.
NOTICE
Thoroughbred Energy, LLC, mailing address 250 West Main Street, Suite 3030, Lexington, Kentucky 40507 hereby declares its intention to apply for a Retail Beer license no later than June 15, 2012. The business to be licensed will be located at 2540 Cumberland Falls Highway, Corbin, Kentucky 40701, doing business as a Corbin Falls Shell Food Mart. The members are as follows: Traxx Energy Company, 250 West Main Street, Suite 3030, Lexington, Kentucky 40507 with President William J. Hall and Thoroughbred Energy Investors, LLC 250 West Main Street, Suite 3030, Lexington, Kentucky 40507. Any person association corporation or body politic may protest the granting of the license by writing the Department of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, Kentucky 40601-8400 within 30 days of the date of this legal publication.
NOTICE:
Walgreen Co., mailing address 300 Wilmot Rd., MS 3301, Deerfield, IL 60015 hereby declares intention(s) to apply for a Retail Beer license no later than May 23, 2012. The business to be licensed will be located at 1802 S. Main St., Corbin, Kentucky 40701-2446 doing business as Walgreens #12110.
The Principal Officers are as follows: President & CEO, Gregory Wasson of 1274 RFD Holly Court, Long Grove, IL 60047; President, Community Management, Mark A. Wagner of 1127 S. Ridge Rd., Lake Forest, IL 60045; Assistant Secretary, Michael D. Felish of 219 9th St., Wilmette, IL 60091.
Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.
NOTICE:
Walgreen Co., mailing address 300 Wilmot Rd., MS 3301, Deerfield, IL 60015 hereby declares intention(s) to apply for a Retail Beer license no later than May 23, 2012. The business to be licensed will be located at 990 E Cumberland Gap Pkwy., Corbin, Kentucky 40701-2574 doing business as Walgreens #12111.
The Principal Officers are as follows: President & CEO, Gregory Wasson of 1274 RFD Holly Court, Long Grove, IL 60047; President, Community Management, Mark A. Wagner of 1127 S. Ridge Rd., Lake Forest, IL 60045; Assistant Secretary, Michael D. Felish of 219 9th St., Wilmette, IL 60091.
Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.
PUBLIC HEARING
Budget hearing regarding proposed use of County Road Aid, Municipal Road Aid and Local Government Economic Assistance Funds
A public hearing will be held by the Whitley County Fiscal Court at the courthouse on June 4, 2012 at 11:00 AM till 11:30 AM in the Fiscal Court Room on the 2nd Floor for the purpose of obtaining citizens comments regarding the possible uses of the County Road Aid (CRA) and Local Government Economic Assistance (LGEA) Funds. All interested persons in Whitley County are invited to the hearing to submit oral or written comments on possible uses of the CRA and LGEA Funds. Any person(s) who cannot submit comments, should call the Office of the County Judge Executive at (606) 549-6000 by June 4, 2012 so that arrangements can be made to secure their comments.
PUBLIC NOTICE
An emergency ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts from Gen, Road, Jail, LGEA, Ambulance and Occupational Tax in the amount of $241,508.00 and increasing expenditures in the area of Gen, Road, Jail, LGEA, Ambulance and Occupational Tax in the amount of $241,508.00 was passed on its first reading 05/15/12. A copy of the Ordinance with full text is available for public inspection at the office of the County Judge Executive during normal business hours.
PAT WHITE, JR.
COUNTY JUDGE
EXECUTIVE
PUBLIC NOTICE
Akins Excavating Company, Inc., has been the low bidder on a sanitary sewer replacement project located in Williamsburg, KY. At this time we are looking for companies that are DBE, MBE, and or WBE certified to work with us in supplying or procuring materials for this project. Should you or your firm be interested in working with us on this project, please contact us either by Fax at 606-528-9061, email at akinsexc@yahoo.com, or letter at 182 Busy Lane, Corbin, KY 40701. If you choose to respond please provide a current phone number, fax number, and email address to better help us get in touch with you.
Terry Branson, PROJECT MANAGER
NOTICE TO KEVIN LAWSON
To the above individuals, I have been appointed Warning Order Attorney to notify you of Civil Action No. 12-CI-00215, Forcht Bank v. Kevin Lawson, et al., Whitley Circuit Court.
You have fifty days from May 2, 2012 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
606-528-5001
PUBLIC NOTICE:
Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. B&B ENERGY LLC, 9180424, 4/5/2012.
NOTICE:
Whiskey Dicks Spirits, LLC, mailing address 421 Engineer Street, Corbin, KY 40701 hereby declares intention(s) to apply for a Retail Liquor by the Package license and a Retail Beer license no later than May 9, 2012. The business to be licensed will be located at 1019 Cumberland Falls Highway, Corbin, Kentucky 40701 doing business as Whiskey Dicks Spirits, LLC.
The owners are as follows: Owner, Olivier Gaspart of 421 Engineer Street, Corbin, KY 40701; owner, Melanie Rookard of 421 Engineer Street, Corbin, KY 40701.
Any person, association, corporation or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400, within 30 days of the date of this legal publication.
SPECIAL MASTER COMMISSIONER’S SALE
IN ORDER TO COMPLY WITH THE ORDERS OF THE WHITLEY CIRCUIT COURT, I, BRANDON BAIRD, SPECIAL MASTER COMMISSIONER WILL SELL THE PROPERTY DESCRIBED IN THE FOLLOWING ACTION ON TUESDAY, JUNE, 5, 2012, AT OR ABOUT THE HOUR OF 3:30 P.M., AT OR NEAR THE FRONT DOOR OF THE WHITLEY COUNTY JUDICIAL CENTER, WILLIAMSBURG, KENTUCKY.
SALE NO. 1
Ag/Gro Fertilizer Company, Inc., Plaintiff, v. Everett Bargo, Martha Bargo, Everett Bargo d/b/a Bargo and Son Farm Mart, et al, Defendants, Whitley Circuit Court Civil Action No. 08-CI-988, Division II, to raise the principal amount of $22,607.43 together with interest, charges and costs. Said property is located in Whitley County, Kentucky, and described as follows: Beginning on a white oak a corner of Croley and Lawson and in the edge of Wolf Creek Road; thence with Lawson’s line N. 85 W. 38 poles to a stone; thence with same line N. 54 W. 27 1/2 poles to a stone, a corner in the edge of the road; thence S. 22 E. 68 poles to a double sycamore on the bank of Wolf Creek; thence crossing the creek S. 54 E. 2 poles to a beech; thence N. 57 E. 4 poles to a poplar and hor beam at Sam Beams corner; thence 76-64 W. 4 poles crossing the creek to a double sycamore on the north side of the creek; thence with Sam Beams line N. 40 E. 4 poles; thence same N. 81 E. 16 poles; thence N. 83 E. 6 poles; thence N. 89 E. 12 poles to a stake at the mouth of a ditch on the bank of the creek; thence S. 27 E. 38 poles and 13 links to the state Road; thence with said road to the Wolf Creek road to a white oak the beginning corner. Being the same property conveyed to Everett Bargo by deed from Sidney Bargo, Jr., unmarried, dated February 24, 1973, and recorded in Deed Book 243, Page(s) 463, Whitley County Clerk’s Office, containing 22 acres, more or less. For greater certainty reference is made to the above listed Whitley Circuit Court Action. Terms: Cash or its equivalent at time of sale or 10% of the purchaser price and produce good surety, balance to be paid within 30 days with interest. Plaintiff’s Attorney: Hon. Kim Frost, P.O. Box 72, Williamsburg, KY 40769.
IN ORDER TO ENSURE ACCEPTANCE OF SURETY, EACH BIDDER ANTICIPATING USING CREDIT IS ENCOURAGED TO SEEK PRE-APPROVAL BY THE MATER COMMISSIONER OF SUCH SURETY AT LEAST ONE DAY IN ADVANCE OF THE SALE OR OBTAIN AND FURNISH THE MASTER COMMISSIONER A LETTER OF CREDIT FROM A REPUTABLE AND SOLVENT LENDING INSTITUTION. SAID BOND SHALL BE FOR THE UNPAID PURCHASE PRICE AND BEAR INTEREST AT THE RATE OF TWELVE PERCENT (12%) PER ANNUM FROM THE DATE OF SALE UNTIL PAID. (B) RISK OF LOSS OF IMPROVEMENTS IS IMMEDIATE AND PASSES TO THE PURCHASER AT THE CONCLUSION OF THE SALE AND SHALL BE ON THE PURCHASER FROM DATE OF SALE. (C) 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. (D) THE PROPERTY SHALL OTHERWISE BE SOLD FREE AND CLEAR OF ANY RIGHT, TITLE AND INTEREST OF ALL PARTIES TO THE ACTION AND OF THEIR LIENS AND ENCUMBRANCES THEREON, EXCEPTING EASEMENTS AND RESTRICTIONS OF RECORD IN THE MCCREARY COUNTY COURT CLERK’S OFFICE AND SUCH RIGHT OF REDEMPTION AS MAY EXIST IN FAVOR OF THE UNITED STATES OF AMERICA OR THE DEFENDANT(S).
BRANDON BAIRD, SPECIAL MASTER COMMISSIONER
P.O. Box 97, WHITLEY CITY, KY; Phone: (606) 376-4529; Fax: (606) 376-1860
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 11-CI-00773
FIRST NATIONAL BANK AND TRUST, PLAINTIFF, VS. PAUL L. MASON and wife, CARRIE ENGLE MASON; ANGELINA LAINE LESTER (formerly ANGELINA LAINE MASON) and her husband, JASON RAY LESTER; MIDLAND FUNDNG, LLC; a foreign limited liability company; FIRST FINANCIAL CREDIT, INC., a Kentucky corporation; US BANK CUSTODIAN SASS MUNI V dtr, assumed named of SASS MUNI-V, LLC, a foreign limited liability company; TAX EASE LIEN INVESTMENTS 1, LLC; a Kentucky limited liability company; and WHITLEY COUNTY, KENTUCKY; DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, 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 11, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Paul L. Mason and against the property of Angelina Laine Mason, now Lester, plus costs, is as follows:
(1) The sum of $55,279.80 plus accrued interest of $2,675.51, and late charges of $1,387.30 and fees of $107.00 for a total balance of $59,449.61 as of August 10, 2011, with interest continuing to accrue on the unpaid principal at the current rate of 6.250% per annum, or at a daily rate of $9.4657, until paid in full, plus any late charges, advances for taxes, insurance, and it costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with Defendants’ default and for the purposes of protecting its interest in the property and its rights under the Mortgage instrument.
Property Address: 617 Watts Creek Road, Williamsburg, Kentucky.
LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
TRACT 1: BEGINNING at a survey marker at the western right-of-way of the Old Cumberland Falls Road, said point being the southeast corner of the Gene White property; thence with the said right of way south 14 degrees 27 minutes east 63.71 feet to a point; thence still with the said right of way south 23 degrees 51 minutes east 118.66 feet to a survey marker at a corner of the Robert and Janice Miller farm; thence leaving the said right of way and with the said Robert and Janice Miller line south 62 degrees 39 minutes west 151.12 feet to a fence post; thence still with the Robert and Janice Miller line north 24 degrees 42 minutes west 248.95 feet to a survey marker in the aforementioned White property line; thence with the White line north 85 degrees 35 minutes east 174.90 feet to the beginning, containing 0.7677 acres, according to survey prepared by Robert R. Moses, Registered Land Surveyor #1960, on January 16, 1986, subject to all legal roads or highways, and easements of record or visually apparent from an examination of said premises.
There is excepted from the foregoing that portion consisting of 0.18 acres which was conveyed to Edward Steely Perkins and wife, Theresa M. Perkins from Virginia Bird by deed dated July 22, 1998, of record in Deed Book 402, Page 73.
TRACT 2: A certain tract of land lying and being on the west side of Old Cumberland Falls Road, approximately 0.15 mile north from its junction with Industry Road, in the County of Whitley, State of 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 07/04/97 along the south line of the property described herein.
BEGINNING at an existing steel stake, with a plastic cap stamped “EG 3276”, in the west right of way line of the Old Cumberland Falls Road, 15 feet from the road centerline, a corner to Virginia Bird (DB 359, Page 526) and the tract described herein; thence with the right of way line S 18-29-11 E a distance of 49.86 feet to a steel stake, a new corner to Wayne Perkins (MB 98, PG 593) and the tract described herein; thence severing the Wayne Perkins property S 65-32-23 W a distance of 151.47 feet to a steel stake; thence with same N 20-19-28 W a distance of 51.11 feet to an existing railroad tie corner fence post, a corner to the aforementioned Virginia Bird; thence with the Virginia Bird line and a fence N 66-03-41 E a distance of 152.97 feet back to the point of beginning, containing 0.18 acres, more or less, according to a survey conducted by Grande Engineering, conducted by Edvard Grande, Kentucky Professional Land Surveyor No. 3276, on July 08, 1998.
BEING ALL THE SAME PROPERTY Paul Mason and wife, Angelina Mason, acquired from Virginia Bird, single, by Deed dated June 4, 2003 and recorded June 6, 2003 in DEED BOOK 444, PAGE 14. ALSO, BEING A PART OF THE SAME PROPERTY in which Angelina Laine Mason acquired the interest of Paul L. Mason, married, by Quitclaim Deed dated January 11, 2011 and recorded January 19, 2011 in DEED BOOK 500, PAGE 25-28.
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 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, they may take a credit upon its judgment amount against the purchase price, and shall only be required to pay court costs, and all unpaid county property taxes due and owing, and the fees and costs of the Master Commissioner, 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. I
CIVIL ACTION NO. 11-CI-00465
FORCHT BANK, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFFS VS. CAROLYN BOWMAN, single; CITIFINANCIAL SERVICES, INC.; TAX EASE LIEN INVESTMENTS, LLC; JAMOS FUND I, LP; 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 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Carolyn Bowman, plus costs, is as follows:
(1) The principal sum in the amount of $64,717.16, as of March 15, 2012, plus interest at the rate of 7.99% 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: 6905 Highway 26, Rockholds, KY 40759
BEGINNING at a stone; thence in a northwestwardly direction 410 feet with a ditch to Watts Creek; thence in a Southerly direction 228 feet with Watts Creek to corner of Dennis Terry property; thence in a Southeasterly direction 352 feet with the ditch to the culvert at U.S. Highway 26; thence in a Northwardly direction 273 feet with U.S. Highway 26 to the stone at the beginning.
Being part of Lot 65 and all of Lots 66, 67 and 68 of the Carson Subdivision in Whitley County, Kentucky. (See Map Book 1, Page 106).
BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Jerry Melvin Bartolo, dated May 27, 2004 and recorded in Deed Book 453, Page 186-188 of the Whitley County Court Clerk’s Office. See also Deed of Correction, dated January 4, 2005 and recorded in Deed Book 458, Page 166 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 ten percent (10%) down with the balance in ninety (90) 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 court 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 11-CI-00239
FSGBANK, N.A. and KENESAW LEASING, INC., PLAINTIFF, VS. Charles E. McCullah, Gail McCullah, a/k/a Ina Gail McCullah; Emlyn Coal Processing, Inc; Best Transit, Inc.; Whitley County, Kentucky; City of Williamsburg, Kentucky; Commonwealth of Kentucky Dept of Revenue; Commonwealth of Kentucky Div of Unemployment Ins.; United States of America Internal Revenue Service; Delta Natural Gas Company, Inc; Williamsburg National Bank n/k/a Forcht Bank, N.A., DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, 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 11, 2012 at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Charles E. McCullah and Gail McCullah a/ka Ina Gail McCullah, plus costs, is as follows:
(1) The sum of $1,030,729.98, plus court costs, in the matter styled FSGBank N.A. and Kenesaw Leasing, Inc. v. Charles McCullah and Gail McCullah, Chancery Court for Knox County, Tennessee, Docket #178288-3 (the “Judgment”), plus accrued interest from December 20, 2011 through January 30, 2012 in the amount of Ten Percent (10%) per annum, plus interest which has continued to accrue on the Registered Judgment since January 30, 2012 in the amount of Twelve Percent (12%) per annum, and will continue accruing at Twelve Percent (12%) per annum until paid in full, plus a reasonable attorney’s fee through February 29, 2012 in the sum of $42,504.90, plus the future costs of this action and any supplemental costs.
Property Address: Hwy 25, Williamsburg, KY 40769 (Parcels 1,2)
Property Address: 1529 E. Hwy 904, Williamsburg, KY 40769 (Parcels 3, 4, 5, 6, 7)
LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
PARCEL 1:
Being the same property conveyed to Charles E. McCullah and wife, Ina G. McCullah from Sunshine Valley LLC, a Kentucky Limited Liability Company, by Warranty Deed dated September 25, 2000, and recorded in the Whitley County Clerk’s Office in Deed Book 422, page 99, more particularly described as follows:
BEGINNING at a point in the centerline of the concrete headwall on the easterly end of a concrete box culvert running under US-25W near the intersection of Rains Street and US-25W and running thence N 29 15’ 42” E 53.47 feet in an existing iron pin in the easterly right-of-way line of US-25W, the point of beginning of the boundary herein described; thence leaving said point of beginning and running with the easterly right-of-way of US-25W N 10 49’ 26” E 1133.77 feet to a survey marker; thence continuing with the same N 06 47’ 23” E 117.89 feet to a survey marker in the said right-of-way of the southeasterly corner of the Daniel McCullah tract; thence leaving said right-of-way and running with the southerly line of the McCullah tract the following calls: S 73 18’ 56” E 114.08 feet to a set stone; thence S 56 32’ 46” E 103.46 feet to an existing iron pin; thence S 80 42’ 51” E 412.88 feet to a survey marker near the southerly line of KY-856; thence along the southerly line of KY-856 the following calls: S 70 7’ 36” E 147.74 feet to an existing iron pin; thence S 67 55’ 26” E 136.67 feet to a survey marker at the northwesterly corner of the Joe M. Snyder tract; thence with the Snyder tract the following calls: S 17 12’ 04” E 78.02 feet to a survey marker; thence S 08 34’ 59” W 206.10 feet to a survey marker; thence S 06.49’ 30” E 160.45 feet to an existing iron pin; thence S 21 51’ 02” E 218.29 feet to a survey marker; thence S 38 17’ 17” E 349.34 feet to a survey marker; thence S 06 59’ 36” E 298.04 feet to a survey marker near the westerly line of KY-856; thence S 06 57’ 23” W 170.78 feet to a survey marker; thence S 24 51’ 10” E 299.10 feet to a 14” sweet gum in the westerly line of KY-856 at the northeasterly corner of the Jack Smith tract, with survey marker set as witness corners bearing N 24 51’ 10” W 5.00 feet and N 72 31’ 55” W 5.00 feet from said corner; thence running with the Jack Smith line, the Judith A. Kirk line, the Patrick Conlin line, the Richard K. Brashear line, the Dennis Teague line, the Deborah A. Foley line, and Freddie Powers line, N 72 31’ 55” W 990.00 feet to a survey marker in the Powers line; thence continuing with the Powers line and the Robert R. Moses line N 78 34’ 29” W 300.38 feet to a 36” marked black gum at the New Zion Baptist Church northeasterly corner, with survey markers set as a witness corners bearing S 78 46’ 22” E 4.00 feet and N 43 36’ 04” W 4.00 feet from said corner; thence leaving the Robert Moses line and running with the northerly line of the New Zion Baptist Church line N 43 36’ 04” W 349.58 feet to a 16” Sycamore marked as a corner; thence continuing with said church line N 48 51’ 01” W 20.83 feet to an existing iron pin; thence continuing with the same N 11 02’ 55” E 45.28 feet to an existing iron pin; thence N 79 36’ 26” W 59.97 feet to the point of beginning containing a calculated area of 40.526 acres, more or less, as per survey and plat dated August 14, 1999, by Gary R. Owens, P.L.S., Kentucky Registration Number 2681.
EXCEPTION: There is excepted from the above described boundary and not contained herein, all of the same land conveyed to the United States Postal Service by deed from Alvin D. Sharpe and wife, JuAnita Sharpe, dated August 24, 1999, and recorded in Deed Book 411, page 545-548, Whitley County Court Clerk’s Office to which deed reference is made for a more complete description of the property.
LESS AND EXCEPT FROM THE PARENT TRACT THE FOLLOWING TRACT OR PARCEL (See Partial Release of Mortgage recorded on October 24, 2005 in the Whitley County Clerk’s Office in Miscellaneous Records Book 138, at page 614), more particularly described as follows:
BEGINNING on a set iron pin and cap in the eastern edge of KY Highway 25W (40 feet from approximate centerline), said pin being located N 10-55-55 E 122.00 feet from the southwest corner of the parent tract (a found ½” iron pin with yellow plastic cap stamped PLS #2753, said pin being the northwest corner of the United States Post Office, DB 411, PG 545), said pin also being located approximately ½ mile southeast of the intersection of KY Highway 25W and KY Highway 26, thence with the eastern edge of KY Highway 25W (40 feet from and parallel to approximate centerline) N 10-55-54 E 125.01 feet to a set iron pin and cap in the southern edge of a 40’ wide proposed road, thence leaving said highway and with a new division line severing the parent tract and running along the southern edge of a 40’ wide proposed road S 79-03-50 E 350.02 feet to a set iron pin and cap, thence leaving said 40’ wide road and continuing with 2 new division lines severing the parent tract S 10-55-54 W 125.00 feet to a set iron pin and cap, thence N 79-03-52 W 350.02 feet to the point of beginning, containing 1.00 acres by survey conducted on February 4, 2004, by Richard A. Reece, PLS #3358 with H&R Surveying.
It is also understood and agreed that the Grantors herein retaining a 20’ wide easement along the Western boundary of the above-described tract for the purpose of ingress and egress to their remaining lands.
Unless stated otherwise 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 obtained from adjoining record source (DB 411 PG 545) and observed between 2 found iron pins along the northern boundary of same.
Being a portion of the property conveyed to Charles E. and Ina G. McCullah by deed dated September 25, 2000, and recorded in Deed Book 422, page 99, records of the Whitley County Court Clerk’s Office.
LESS AND EXCEPT FROM THE PARENT TRACT THE FOLLOWING TRACT OR PARCEL (See Partial Release of Mortgage recorded on January 9, 2006 in the Whitley County Clerk’s Office in Miscellaneous Records Book 139, at page 570), more particularly described as follows:
BEGINNING on a set iron pin and cap in the eastern edge of KY Highway 25W (40 feet from approximate centerline), said pin being located N 10-55-55 E 162.00 feet from the southwest corner of the parent tract (a found ½” iron pin with yellow plastic cap stamped PLS #2753, said pin also being located approximately ½ mile southeast of the intersection of Ky. Highway 25W and Ky. Highway 26, thence with the eastern edge of Ky. Highway 25W (40 feet from and parallel to approximate centerline) N 11-05-31 E 388.94 feet to a found ½” iron pin with yellow plastic cap stamped G. Owens PLS# 2681, thence N 08-09-26 E 117.54 feet to a found 1/2” iron pin with yellow plastic cap stamped G. Owens PLS# 2681, a corner common to (now or formerly) Daniel McCullah (DB 411 Pg. 545), thence with two calls common to said McCullah S 73-10-04 E 111.60 feet to a found stone, thence S 56-23-06 E 103.51 feet to a found 1/2” iron pin with yellow plastic cap stamped G. Owens PLS# 2681, thence leaving line common to said McCullah and with 2 new division lines severing the parent tract S 08-02-00 W 455.54 feet to a set iron pin and cap in the northern edge of a proposed 40’ wide road, thence along northern edge of said road N 79-03-59 W 224.94 feet to the point of beginning, containing 2.38 acres by survey conducted on February 4, 2004 by Richard A. Reece, PLS# 3358 with H&R Surveying.
It is also understood and agreed that the Grantors herein retain a 40’ wide easement near the northern boundary of the above described tract for the purpose of installing and maintaining a gas line.
Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 5/8” by 18” iron pin with orange plastic cap stamped H&R PLS #3358. All bearings given herein are referenced to the magnetic meridian as obtained from adjoining record source (DB 411 PG 545) and observed between 2 found iron pins along the northern boundary of same.
Being a part of the same property conveyed to Charles E. and wife, Ina G. McCullah by deed from Sunshine Valley LLC, a Kentucky limited liability company, dated September 25, 2000, and duly recorded in Deed Book 422, Page 99 of the Whitley County Court Clerk’s Office.
PARCEL 2:
Being the same property conveyed to Charles E. McCullah and wife, Gail McCullah from Louann Philpot, et al, by Warranty Deed dated April 5, 2001, and recorded in the Whitley County Clerk’s Office in Deed Book 452, page 214, more particularly described as follows:
Being a 94.74 acre tract as originally recorded in Deed Book 260, Page 117 in the Whitley County Court Clerks office, and more particularly described as follows:
Unless stated otherwise, any monument referred to herein as a “pin and cap” is a set 1/2” diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “Ledington PLS-3192”. All bearings stated herein are based on record source, D. B. 260, Pg. 117.
Beginning at a 20” Poplar (corner to Edwin Jasper, D. B. 223, Pg. 165) found marked with red paint and marked this survey with 3 orange stripes, said tree being the point of curvature of a non-tangent curve, concave to the northwest, having a radius of 679.00 ft. a central angle of 14° 22’ 53”, and a chord of 169.98 ft. bearing N 42° 43’ 54” E; thence northeasterly along said curve and with the fence along Edwin Jasper Road, a distance of 170.43 ft. to a pin & cap; thence with same N 31° 43’ 29” E, a distance of 132.83 ft. to a pin & cap; thence with same N 32° 31’ 51” E, a distance of 67.73 ft. to a pin & cap; thence with same N 34° 04’ 55” E, a distance of 225.86 ft. to a pin & cap; thence with same N 32° 40’ 19” E, a distance of 114.96 ft. to a pin & cap; thence with same N 34° 27’ 40” E, a distance of 123.69 ft. to a pin & cap adjacent to the intersection of said road with Tidal Wave Road; thence with the fence along Tidal Wave Road N 37° 47’ 30” E, a distance of 33.73 ft. to a pin & cap; thence with same N 64° 44’ 39” E, a distance of 134.48 ft. to a pin & cap, the point of curvature of a non-tangent curve, concave to the south, having a radius o 352.00 ft. a central angle of 17° 26’ 58”, and a chord of 106.79 ft. bearing N 73° 07’ 25” E; thence northeasterly with same along said curve, a distance of 107.20 ft. to a pin & cap; thence with same S 89° 16’ 36” E, a distance of 130.76 ft. to a pin & cap, the point of curvature of a non- tangent curve, concave to the south, having a radius of 170.00 ft. a central angle of 32° 13’ 24’’, and a chord of 94.35 ft. bearing S 85° 41’ 53” E; thence easterly with same along said curve, a distance of 95.61 ft. to a pin & cap; thence with same S 64° 09’ 52” E, a distance of 82.68 ft to a pin & cap, the point curvature of a non-tangent curve, concave to the northeast, having a radius of 400.00 ft. a central angle of 18° 04’ 08”, and a chord of 125.62 ft. bearing S 67 ° 08’ 06” E; thence southeasterly with same along said curve, a distance of 126.14 ft. to a pin & cap; thence with same S 74° 37’ 50” E, a distance of 248.53 ft. to a pin & cap; thence with same S 76° 48’ 02” E, a distance of 219.59 ft. to a pin & cap; thence with same S 83° 05’ 59” E, a distance of 294.31 ft to a pin & cap; thence with same N 89° 36’ 50” E, a distance of 94.06 ft. to a pin & cap; thence with same N 79° 45’ 05” E, a distance of 97.55 ft. to a pin & cap, the point of curvature of a non-tangent curve, concave to the south, having a radius of 179.00 ft. a central angle of 37° 08’ 21”, and a chord of 114.01 ft. bearing S 85° 23’ 16” E; thence easterly with same along said curve, a distance of 116.03 ft to a pin & cap; thence with same S 67° 57’ 47” E, a distance of 147.55 ft. to a pin & cap; thence with same S 65° 18’ 19” E, a distance of 91.41 ft. to a pin & cap; thence with same S 61° 40’ 53” E, a distance of 101.96 ft. to a pin & cap; thence with same S 64° 40’ 55” E, a distance of 147.41 ft. to a pin & cap in the line of Bethlehem Church, D. B. 17, Pg. 507; thence leaving said road but still with the fence and said Church line S 16° 56’ 51” W, a distance of 167.86 ft. to a 36” White Oak marked with 3 hacks, corner to said Church; thence with same S 62° 05’ 35” E, a distance of 208.07 ft. to a 12” Wild Cherry marked with 3 hacks; thence with same N 20° 14’ 26” E, a distance of 150.50 ft. to a pin & cap marked “H&R PLS# 3358”; thence leaving said Church property and continuing with the fence along Tidal Wave Road S 52° 57’ 38” E, a distance of 45.14 ft. to a pin & cap; thence with same S 56° 41’ 33” E, a distance of 149.09 ft. to a pin & cap; thence with same S 57° 42’ 39” E, a distance of 181.11 ft. to a pin & cap; thence with same S 57° 18’ 06” E, a distance of 104.49 ft. to a pin & cap, the point of curvature of a non-tangent curve, concave to the north, having a radius of 185.00 ft. a central angle of 29° 20’ 49”, and a chord of 93.72 ft. bearing S 77° 56’ 53” E; thence southeasterly leaving the fence but continuing along said road and along said curve, a distance of 94.76 ft. to a pin & cap; thence leaving said road and along the old Snyder line S 60° 00’ 00” E, a distance of 50.56 ft. to a pin & cap from which a 15” White Oak witness tree marked this survey with 3 orange stripes bears N 37° 19’ 46” E, a distance of 2.36 ft.; thence leaving said Snyder line and along a new agreed line with James W. Head, D. B, 352, Pg. 354 S 37° 19’ 46” W, a distance of 1826.51 ft. to a 22” White Oak found marked with red paint and marked this survey with 3 orange stripes, said tree being a corner to said Jasper; thence with said Jasper N 51° 55’ 16” W, a distance of 248.44 ft. to a 27” Red Oak found marked with red paint and marked this survey with 3 orange stripes; thence with same N 55° 37’ 38” W, a distance of 113.08 ft. to an 18” Black Gum found marked with red paint and marked this survey with 3 orange stripes; thence with same N 62° 32’ 00” W, a distance of 204.22 ft. to a Double Maple found marked with red paint and marked this survey with 3 orange stripes; thence with same N 53° 39’ 34” W, a distance of 348.65 ft. to a 27” White Oak found marked with red paint and marked this survey with 3 orange stripes; thence N 56° 10’ 06” W, a distance of 1802.64 ft. to the point of beginning; said described tract containing 94.74 Acres, more or less, according to a survey by John Ledington, PLS #3192, on May 19. 2000.
PARCEL 3:
Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Edgar E. Marsee and wife, Lois M. Marsee, by Warranty Deed dated June 5, 1982, and recorded in the Whitley County Clerk’s Office in Deed Book 294, page 513-514, more particularly described as follows:
BEGINNING at a concrete maker beside a plastic pipe at the edge of a strip job road which leads to Kentucky Highway 904 at the existing line of McCullah and Marsee and running in a Southeasterly direction 1120 feet to a concrete marker at the gap of the ridge in the line of Hubert Tye; thence running in a Northeasterly direction with the line of Tye 740 feet to a large maple at the side of the old log road; thence running in a Northerly direction with the line of Ray West 446 feet to a concrete marker at the county road at a large oak, corner of West and McCullah; thence running in a Western direction with the existing line of McCullah 150 feet with the road to a large rock and a maple; thus continuing with the existing line of McCullah in a Southwesterly direction 756 feet to a concrete marker; thus continuing with the existing line of McCullah in a Southwesterly direction 520 feet to the beginning.
PARCEL 4:
Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Edgar E. Marsee and wife, Lois M. Marsee, by Warranty Deed dated June 29, 1976, and recorded in the Whitley County Clerk’s Office in Deed Book 261, page 369-370, more particularly described as follows:
BEGINNING on a stone at edge of county road, a corner of Charles Murphy, about 1500 feet east from HWY #904; thence with said road to an oak on top of mountain; thence north with a painted line to an iron stake at spur of ridge; thence westward with the old T.R. Siler line to a corner of Howard Partin and Ray Grillin; thence south with the Partin line to Murphy line, the BEGINNING corner.
PARCEL 5:
Being the same property conveyed to Charles McCullah and wife, Ina Gayle McCullah from Raymond L. Marsee and wife, Sheryl Marsee, by Warranty Deed dated January 23, 1982, and recorded in the Whitley County Clerk’s Office in Deed Book 292, page 408-409, more particularly described as follows:
BEGINNING on a set concrete marker on the bank of a branch; thence northeasterly 110 ft. to a concrete marker at the edge of the county road; thence with the old county road easterly 983 feet to a large painted stone; thence southwesterly 750 feet along the branch to a set concrete marker; thence northwest 705 feet back to the BEGINNING.
PARCEL 6:
Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Howard Partin and wife, Faye Partin, by Warranty Deed dated April 19, 1977, and recorded in the Whitley County Clerk’s Office in Deed Book 266, page 433-434, and bounded and described as follows:
BEGINNING at a stake at the edge of right of way for Hwy. No. 9 and being southwest corner of J. R. Siler’s farm; thence with his line S 34.5 E 484 feet to a small sweet gum, Oda Richardson corner; thence leaving J.R. Siler line and with Oda Richardson line S 42 ¾ W 216 ½ feet to a stone; thence S 30 W 442 feet to an iron stake in Oda Richardson line; thence leaving the Richardson line with a conditional line N 60 ½ W 214 feet to a black oak; thence N 54 W 191 feet to a beech thence N 51 W 89 feet to an elm; thence N 74 W 188 feet to a maple; thence N 53 ½ W 138 feet to a sycamore; thence N 43 W 149 feet to a beech; thence N 22 W 56 feet to a small sycamore; thence N 22 W 10 ½ feet to a stake at highway No. 9; thence with highway right of way 1047 feet to the BEGINNING, when reduced to a straight line N 69 E.
EXCEPTION: Excepted herefrom is a tract heretofore sold to the same parties by these grantors, by deed dated July 12 1976, Deed Book 262, page 207-208.
EXCEPTION: There is excepted herefrom a tract heretofore sold to Charles Murphy consisting of about 1.5 acres, being a strip of land on the west side about 105 feet wide and running the length of the property.
EXCEPTION: There is also excepted from the above described tract of land that portion conveyed from Rose and Speed Hamlin to Kenneth and Mildred Rains by deed dated October 28, 1968, which is recorded in Deed Book 228, at page 39.
PARCEL 7:
Being the same property conveyed to Charles McCullah and wife, Gail McCullah from Howard Partin and wife, Faye Partin, by Warranty Deed dated July 12, 1976, and recorded in the Whitley County Clerk’s Office in Deed Book 262, page 207-208, and bounded and described as follows:
BEGINNING on an iron stake in the Marsee line; thence northeast 350 feet to an iron stake; thence eastward 250 feet with the road to an iron stake in bank of road; thence southeast 365 feet to an iron stake in the Marsee line; thence west with said Marsee line 340 feet to the BEGINNING.
ALSO: Grantors sell and convey with this instrument an easement over their land leading from Gatliff road, (HWY 904), to this property as same is now located, being 30 feet wide.
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 ninety (90) 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 amount against the purchase price, and shall only be required to pay court costs, and all unpaid county property taxes due and owing, and the fees and costs of the Master Commissioner, 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 11-CI-00876
GREEN TREE SERVICING, LLC SUCCESSOR SERVICER TO GREENPOINT CREDIT, CORP, PLAINTIFF VS. EDWARD C. BRAY; LINDA A. BRAY; and W.D. BRYANT AND SON DEFENDANTS
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Edward C. Bray and Linda A. Bray, plus costs, is as follows:
(1) The principal sum of $41,061.72 as of March 7, 2012, with interest pursuant to the contract, plus all secured finance charges, reasonable attorney’s fee of $750.00 and its costs herein expended.
(2) There is included with the real property a 1999 Homes of Legend, 16 x 80 Mobile Home.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 7408 West Highway 92, 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 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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged herein, 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.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 11-CI-00724
FLAGSTAR BANK, FSB, PLAINTIFF, VS. APRIL PENNINGTON; JAMES GREGORY PENNINGTON AKA JAMES G. PENNINGTON AKA JAMES PENNINGTON, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, April Pennington, and James Gregory Pennington aka James G. Pennington aka James Pennington, plus costs, is as follows:
(1) The principal sum of $79,955.53, plus interest on the principal sum at the rate of 7.37500% from the date referenced in the Account Status Affidavit, 02/17/2012, until paid, plus additional fees, costs and expenses in accordance with the terms of the Note and Mortgage, including advances in payment of ad valorem taxes, insurance premiums, assessments, winterization, and preservation of the Real Property.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 2257 Highway 1481, Williamsburg, KY 40769.
A certain tract or parcel of land lying in Whitley County, Kentucky, located on the South side of Kentucky State Highway 1481 – Piney Grove Road (asphalt surface), on the East side of a 40 foot road and on the West side of a 40 foot road, said tract or parcel of land being Parcel No. 1 of The Piney Grove Estates and is a part of the land conveyed to Connie R. Wilson, single, and John Wilson Jr., single, from Donald Brooks and his wife, Sheila Brooks as recorded in Deed Book 477, Page 161, lodged for record May 18, 2007 of which is of record at the Whitley County Court Clerk`s Office, located in Williamsburg, Kentucky and is more particularly described as follows:
Beginning at a (set) survey marker located at the intersection of Kentucky State Highway 1481 – Piney Grove Road (asphalt surface) and a 40 foot roadway; thence leaving the East side of said 40 foot roadway and with the South side of said Kentucky Highway 1481 N 79° 46` 16” E, 166.14 feet to a found survey marker (disturbed) identification cap removed, a corner to the parent tract, said survey marker being on the West side of a 40 foot roadway; thence leaving said Kentucky Highway 1481 and with the West side of said 40 foot roadway S 11° 15` 15” W, 130.87 feet to a (set) survey marker on the West side of a 40 foot road, a corner common Parcel No. 3 of The Piney Grove Estates: thence having said 40 foot roadway severing the parent tract with the line of said Parcel No. 3 S 84° 52` 49” W, 166.96 feet to a (set) survey marker, located on the East side of said 40 foot roadway, a corner common to said Parcel No. 3; thence leaving the line of said Parcel No. 3 and with the East side of said 40 foot roadway N 13° 59` 24” E, 117.23 feet to the beginning, containing 0.4445 acre.
All (set) survey markers are 1/2` x 18” rebars with a plastic cap stamped “H.S. 3301”.
All bearings in the above description were reinforced to a plat and survey by Bobby B. Anderson, P.L.S. 3377 titled “Plat of Survey for Don & Sheila Brooks”, dated April 22, 2005.
Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.
Being the same property conveyed from Connie R. Wilson, a single person, and John Wilson, Jr., a single person, to James Pennington and April Pennington, husband and wife, by virtue of a deed dated 10/10/2007 and recorded 10/15/2007 at Deed Book 479, Page 764 of the Whitley County, Kentucky real estate records.
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 of the Real Property and if the Plaintiff’s bid is less than its lien adjudged 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 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 11-CI-00655
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. SEAN WILSON; KIM WILSON, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Sean Wilson and Kim Wilson, plus costs, is as follows:
(1) The principal sum in the amount of $94,681.94, plus interest from March 1, 2011, in the amount of $4,760.53, plus pre-acceleration late charges in the amount of $67.80, total escrow in the amount of $1,220.60, property preservation in the amount of $14.00, and property inspections in the amount of $130.00, for a total in the amount of $100,874.87, together with interest at the rate of 5.7500 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 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: 408 West Gordon Street, Corbin, Kentucky 40701.
A certain tract or parcel of land lying in Whitley County, Kentucky, and being bounded and described as follows:
Beginning at a tack set in sidewalk on the north side of Gordon Street common to the Jones parcels; thence N. 02 degrees 43 E. 171.12 feet to a concrete monument common to the Jones and Elliot parcel; thence N. 79 degrees 00’ E. 66.50 feet to an iron pin common to the Elliot Bundy Parcel; thence S 07 degrees 50 E. 137.11 feet to a stake located on the North side of Gordon Street common to the Bundy parcel; thence with Gordon Street S. 63 degrees 15’ W. 103.00 feet to the place of beginning containing 0.288 acres more or less.
The above described property is a re-surveyed description by Ten Hensley, Land Surveyor.
Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.
Being the same property conveyed to Sean Wilson, a married man, from Josh Vigeant and Beth Vigeant, husband and wife, on July 2, 2009 and recorded on July 7, 2009 in Deed Book 490, Page 697 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 09-CI-00593
TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. UNKNOWN HEIARS OF KEVIN SMITH; JAMOS FUND I, LP; US BANK AS CUSTODIAN FOR SASS MUNI V DTR; 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 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The Judgment against the Defendant, Kevin Smith, plus costs, is as follows:
(1) The principal sum in the amount of $949.54, plus accrued interest in the amount of $128.32 through April 2012, plus accrued interest from April 2012 until paid, actual and reasonable attorney fees expended herein in the amount of $1,700.00, court costs and filing fees expended in the amount of $727.84, and the costs of sale to be expended herein.
The property to be sold is as follows:
Property Address: 940 Barton Mill Cutoff Road, Corbin, Kentucky 40701;
Map ID Number 101-00-00-090.00;
LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
Beginning on a stone at the county road, running west with the old mill 236 feet to a wild cherry; thence southward 55 feet to a stone; thence up Parks Branch as it meanders 161 feet to a stone at the mouth of little branch; thence with the meanders of little branch 131 feet to the Beginning.
Being the same property conveyed to Kevin Smith, single, by deed dated July 17, 2003, of record in Deed Book 450, page 706, in 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.
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 year 2011 and 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 11-CI-00974
TAMMAC HOLDINGS CORPORATION, PLAINTIFF, VS. LONNIE R. SMITH a/k/a LONNIE SMITH; THE UNKNOWN SPOUSE, IF ANY, OF LONNIE R. SMITH a/k/a LONNIE SMITH; DEBRA SUE POORE a/k/a DEBRA S. POORE a/k/a DEBORAH S. POORE a/k/a DEBORAH POORE; THE UNKNOWN SPOUSE, IF ANY, OF DEBRA SUE POORE a/k/a DEBRA S. POORE a/k/a DEBORAH S. POORE a/k/a DEBORAH POORE; CREDITONE, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, BY AND ON BEHALF OF SECRETARY OF REVENUE, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 19, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Lonnie R. Smith a/k/a Lonnie Smith and Debra Sue Poore a/k/a Debra S. Poore a/k/a Deborah S. Poore a/k/a Deborah Poore, plus costs, is as follows:
(1) The principal sum in the amount of $72,588.30, together with accrued interest thereon at the Note rate of 7.50% starting from January 26, 2011 until fully paid; for forced placed insurance charges currently in the amount of $1,713.81; for any accrued interest; for any late charges currently totaling $371.00; for any other charges which have accrued, and for its costs herein expended, including its attorney fees presently of $1,100.00.
(2) There is a 2007 Kabco 58’ x 28’ mobile home/manufactured home VIN: KB011973AB07 included with the real property
The property to be sold is as follows: Located in Whitley County, Kentucky:
Property Address is: 817 Rosetown Church Road, Corbin, Kentucky 40701.
Beginning on a point in the center of Bark Camp Creek said point being witnessed by a set iron pin and cap bearing N 31-46-06 W 12.91 feet away, said point also being located S 47-15-29 W 72.92 feet from a found X chiseled in solid rock in the center of Bark Camp Creek (the northeast corner of the parent tract), said point also being located approximately 0.20 miles northeast of the intersection of Rosetown Church Road and Devil’s Creek Road, thence with the centerline of Bark Camp Creek S 50-52-22 W 106.13 feet to a point in the center of said creek witnessed by a set iron pin and cap bearing N 44-20-39 W 9.59 feet away, thence leaving said creek and with 4 new division lines severing the parent tract N 44-20-39 W 117.54 feet to a set iron pin and cap a corner common to Donald Bryant (DB 382, Pg 372) thence with line common to said Donald Bryant N 02-30-29 W 45.93 feet to a set iron pin and cap, thence leaving line common to said Donald Bryant and continuing with said division lines N 75-18-16 E 113.39 feet to a set iron pin and cap, thence S 31-46-06 E. 107.90 feet to the point of Beginning, containing 0.36 acre by survey conducted on February 5, 1999 by Richard A. Reece, PLS #3358 with H&R Surveying, Rt. 1, Box 240, Gray, Kentucky 40734.
Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set ½” by 18” iron pin with red plastic cap stamped H&R PLS #3358. All bearing given herein are referenced to the magnetic meridian as obtained from adjoining deed source (Donald Bryant, DB 382, PG 373) and observed along the Western Boundary of said tract.
Being the same property conveyed to Debra Sue Poore, a single person, and Lonnie R. Smith, a single person, by Deed dated December 8, 2006, being of record in Deed Book 474, Page 36, in the Office of the Clerk of 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 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, it shall not be required to make down payment 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 09-CI-00379
TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. WARREN BOWERY; TAMMY BOWERY; MORTGAGE LENDES NETWORK USA, INC; HSBC BANK USA, NA; US BANK CUSTODIAN SASS MUNI V DTR; 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 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The Judgment against the Defendants, Warren Bowery and Tammy Bowery, plus costs, is as follows:
(1) The principal sum in the amount of $2,119.47, plus accrued interest in the amount of $351.05 through April 2012, plus accrued interest from April 2012 until paid, actual and reasonable attorney fees expended herein in the amount of $1,700.00, court costs and filing fees expended in the amount of $870.72, and the costs of sale to be expended herein.
The property to be sold is as follows:
Property Address: 846 Bear Hollow Rd., Rockholds, KY 40759;
Map ID Number 124-00-00-022.00;
LOCATED AND LYING IN WHITLEY COUNTY, KENTUCKY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING on an iron pin in the edge of right-of-way of the Bear Hollow Road at the corner common to Oscar and Lisa Messer and running with the line of Oscar and Lisa Messer N 47 41’28” W, 190.96 feet to an iron pin; thence running N 36 39’14” E, 213.57 feet to an iron pin; thence running S 36 05’ 42” E, 67.88 feet to an iron pin; thence S 66 06’ 04” E, 144.16 feet to an iron pin in the edge of right-of way of the Bear Hollow Road; thence S 57 00’ 44” W, 218.07 feet to the beginning.
Being the same property conveyed to Warren Bowery and Tammy Bowery, by deed dated October 9, 1996, of record in deed Book 388, page 559, in 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.
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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
DIVISION NO. II
CIVIL ACTION NO. 12-CI-00173
WHITAKER BANK CORP, PLAINTIFFS VS. V-B, L.L.C.; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVNUE; CITY OF CORBIN, KENTUCKY; 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 9, 2012, 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 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, V-B, L.L.C., plus costs, is as follows:
(1) Pursuant to Count I of the Plaintiff’s Complaint, principal sum in the amount of $1,864,200.24 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.
(2) Pursuant to Count II of the Plaintiff’s Complaint, principal sum in the amount of $153,779.42 as of March 29, 2012, plus interest at the rate of 6% 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: 1891 Cumberland Falls Highway, Corbin, Kentucky 40701.
A certain tract or parcel of land lying and being approximately 360 feet south of U.S. Highway 25W, and approximately 600 feet east of the junction of U.S. Highway 25W and Interstate Highway 75, on the waters of Bacon Creek of Lynn Camp Creek, in the County of Whitley, State of Kentucky, and bounded and described as follows, to-wit:
BEGINNING at a ½” rebar set in the line of Impac Management, Inc., Deed Book 357, Page 364, Tract B, now or formerly, a corner to Mildred Buckner, Deed book 389, page 107, and from which a Kentucky concrete right of way monument bears N 13-52-46 E, 384.09 feet, thence leaving said Impac Management, Inc., and running with the line of said Mildred Buckner, N 73-14-28 E, at 20.97 feet crossing a 5/8” rebar (found) in all 342.50 feet to a railroad spike (found) in asphalt, a corner to Jimmy Vance, Deed book 373, page 617, thence continuing with the line of said Jimmy Vance S 80-45-42 E, 131.97 feet to a 5/8” rebar, set a new corner, thence severing the land of Mildred Vance Buckner, Deed Book 376, page 56, a new line S 08-25-12 E, 217.08 feet to a 5/8” rebar, set 3 feet north of a ditch, thence continuing with all new lines S 77-27-25 W, 247.74 feet to a 5/8” rebar set, thence S 71-45-25 W, at 213.17 feet crossing a 5/8” rebar, reference monument, set in all 338.37 feet to a point, in the line of the aforementioned Impac Management, Inc., and from which a 5/8” rebar (found) at fence corner, a corner to said Impac Management and Mildred Vance Buckner bears S 13-51-14 W, 166.07 feet, thence running with the line of said Impac Management, Inc., N 13-51-14 E, 305.78 feet to the place of BEGINNING and containing (3.0746) acres more or less, with all bearings referred to the 1994 magnetic meridian, and all rebars having plastic caps stamped RSP, LS 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on October 28, 1994, and June 12, 1998.
There is also a permanent and non-exclusive access easement to the above described parcel of land for the purpose of ingress and egress described as follows, to-wit:
BEGINNING at a railroad spike, the second corner to the above-described parcel of land, thence running with a line of same, S 73-14-28 W, 22.88 feet to a point, thence N 00-34-50 W, 78.54 feet to a point, the southwest corner of another easement to the above-described parcel of land, which was reserved in Deed book 332, Page 190, thence running with the south line of above-described easement previously reserved N 89-05-22 E, 69.93 feet to a point, thence S 28-41-35 E, 101.02 feet to a point, on the line of the above-described parcel of land, thence running with said line N 80-45-42 W, 96.98 feet to the BEGINNING with all bearings referred to the 1994 magnetic meridian, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on October 28, 1994.
There is also another permanent easement for the purpose of ingress and egress to the above-described parcel of land, which runs from U.S. 25W, to the above-described easement and is fully described in Deed Book 332, page 190 in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.
There is however, reserved from the above-described parcel of land, a permanent and non-exclusive access easement for the purpose of ingress and egress, described as follows, to-wit:
BEGINNING at a railroad spike, the second corner to the above-described parcel of land, thence running with a line of same, S 80-45-42 E, 131.97 feet to a 5/8” rebar, the third corner to the above-described parcel of land, thence S 08-25-12 E, 37.06 feet to a point, on the line of the above-described parcel of land, thence leaving same and running N 71-30-58 W, 52.50 feet to a point, thence N 83-50-52 W, 54.13 feet to a point, thence S 54-23-13 W, 61.32 feet to a point, thence S 72-50-58 W, 248.56 feet to a point, thence S 44-45-35 W, 36.59 feet to a point, thence S 22-00-55 W, 54.47 feet to a point, thence S 15-23-42 W, 161.88 feet to a point, on the line of the above described parcel of land, from which a 5/8” rebar reference monument to the sixth corner of the above-described parcel of land bears N 71-45-25 E, 65.46 feet, thence running with a line of the above-described parcel of land, S 71-45-25 W, 31.22 feet to a point, from which the sixth corner to the above-described parcel of land bears S 71-45-25 W, 28.52 feet, thence running N 15-23-42 E, 163.20 feet to a point, thence N 22-00-55 E, 83.37 feet to a point, thence N 44-45-35 E, 40.25 feet to a point, thence N 72-50-58 E, 249.34 feet to a point, thence N 54-23-13 E, 13.98 feet to a point, thence N 00-34-50 W, 35.24 feet to a point, on the line of the above-described parcel of land, from which the BEGINNING corner of same bears S 73-14-28 W, 319.62 feet, thence running with the line of said above-described parcel of land, N 73-14-28 E, 22.88 feet to the BEGINNING with all bearings referred to the 1998 magnetic meridian, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on June 12, 1998.
BEING ALL THE SAME PROPERTY conveyed to V-B, L.L.C., by Deed from Mildred Vance Buckner and husband, Paul Kenneth Buckner, dated July 1, 1998, and recorded January 11, 1999, in Deed Book 405, page 576 of the Whitley County Clerk’s Office.
ALSO:
An easement for the use of a “high rise sign” together with access thereto as conveyed to V-B, LLC, by instrument from Jimmy L. Vance dated October 20, 2005, and recorded October 27, 2005 in Miscellaneous Book 138, at page 655, 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 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 court 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 22nd day of May, 2012.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
104 N. KY AVE., CORBIN, KY 40701
TELEPHONE: (606) 528-0616




