Legal Notices for 5/23/12, page 3

 

 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