Legal Notices for 5/27/09, page 2

said point being a corner common to Michael Morris (DB 337, PG 65A), thence with 2 lines common to said Morris N 58-25-36 W 68.12 feet to a point; thence N 21-57-07 E 100.04 feet to the point of beginning, containing 0.61 acres by survey conducted on February 6, 2003, by Richard A. Reece, PLS #3358 with H&R Surveying.

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

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

ALSO:

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

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

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

Said property address is:  1765 Sandy Ridge Road, Corbin, KY 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 11th day of May, 2009.

HOWARD O. MANN

MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. DRAWER 1344

CORBIN, KY 40702

PHONE:606-528-0616

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT 

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 08-CI-00691

COMMERCIAL BANK, formerly known as UNION NATIONAL BANK AND TRUST COMPANY OF BARBOURVILLE, PLAINTIFF,

VS.

GAIL COLLETTE, ET AL., DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

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

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

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

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

TRACT 1:  

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

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

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

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

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

Said property address is: 523 Whippoorwill Road, Corbin, KY 40701.

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

The description for Tract 2 is as follows:

TRACT 2:

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

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

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

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

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

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

 

TERMS OF SALE

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

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

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

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

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

a. Easements, restrictions and stipulations of record;

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

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

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

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

Dated this 11th day of May, 2009.

HOWARD O. MANN

MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. DRAWER 1344

CORBIN, KY 40702

PHONE:606-528-0616

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-8012, Renewal

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

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

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

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

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

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-5187, Renewal

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

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

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

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

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

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0404, Amendment No. 2

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

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

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

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

                        

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CASE NO. 08-CI-00775

DIVISION II

INDYMAC FEDERAL BANK, FSB, PLAINTIFF,

VS:

HAROLD DWAYNE COOK a/k/a HAROLD DEWAYNE COOK; HOMETOWN BANK OF CORBIN, INC., DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 8, 2008 and a Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, June 8, 2009, at 12:00 p.m., or thereabout, the real property located in Whitley County, Kentucky, and described in this Notice.

The judgment against the defendants, Harold Dwayne Cook a/k/a Harold Dewayne Cook, plus costs, are as follows:

(1) The principal sum of $121,603.92 as of March 1, 2008, plus interest at the rate of 9.37500% per annum until paid; and

(2) The sum of $17,525.35 as of December 8, 2008, plus interest at the rate of 12% per annum from December 8, 2008, until paid.

The property to be sold is as follows:

TRACT #1: BEGINNING at a point and stake in the west line of Poplar Street in the middle of the driveway leading to a garage, and which point and stake is fifty-seven (57) feet and two (2) inches south of the southeast corner of Harry Feather heirs; thence in a westwardly direction in a straight line with the middle of said driveway one hundred seventy (170) feet and six (6) inches, more or less, to a stake in the east line of M. G. Sigmon’s lot; thence southwardly with the east line of said M. G. Sigmon’s lot and the east line of Christian Church property sixty-five (65) feet 6 to a stake in north line of said Christian lot; thence with the north line of Christian Church Parsonage lot one hundred seventy (170) feet and six (6) inches, more or less, to a stake and point in the northeast corner of Christian Church lot in the west line of Poplar Street; thence north with the west line of Poplar Street forty (40) feet and six (6) inches, more or less, to the BEGINNING. 

TRACT #2: BEGINNING at a point on the west right of way of Poplar Avenue (40 feet wide) and being S 02-48-49 W, 40.50 feet from the center of a shared drive and being a common to the southeast original corner of Virgie Faulkner lot and the original northeast corner of the Gerald and Rosemary Davenport lot; thence running with Poplar Avenue S 02-48-49 W, 2.03 feet to a new corner between Faulkner and Davenport; thence leaving Poplar Avenue and running with a new line which is approximately 6 inches from an existing fence between Faulkner and Davenport S 84-55-47 W, 171.11 feet to a point; thence running N 02-07-32 E, 7.84 feet to a point and the common back corner of the Faulkner and Davenport lots; thence running with the original line between Faulkner and Davenport N 86-52-01 E, 170.50 feet to the point of beginning and containing 0.02 acre, more or less.

THE ABOVE REFERENCED TWO (2) TRACTS HAVE BEEN SURVEYED INTO ONE DESCRIPTION AS FOLLOWS:

BEGINNING at a point and stake in the west line of Poplar Street in the middle of the driveway leading to a garage, and which point and stake is fifty-seven (57) feet and two (2) inches south of the southeast corner of Harry Feather heirs; thence running with Poplar Street, south 02 degrees 48 minutes 49 seconds West, 42.53 feet to a new point between Gerald and Rosemary Davenport and Virgie T. Faulkner; thence leaving Poplar Street and running with a new line which is approximately six (6) inches North from an existing fence between Davenport and Faulkner, south 84 degrees 55 minutes 47 seconds west, 171.11 feet to a point and a new back corner between Davenport and Faulkner; thence leaving the Davenport lot and running North 02 degrees 07 minutes 32 seconds east, 72.84 feet to a point; thence running partly with the center line of a shared drive, South 84 degrees 53 minutes 25 seconds East, 170.50 feet to the point of beginning, containing 0.23 acres.

Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.

Being the same property acquired by Harold Dwayne Cook from Gary Akins and wife, Janie Akins, by deed of conveyance bearing date of March 29, 2007, and of record in Deed Book 476, Page 168, Whitley County Clerk’s Office.

Said property address is: 112 1/2 N. Poplar Street, Corbin, KY 40701.

TERMS OF SALE

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

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 60 days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment.

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

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

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

(a) Easements, restrictions and stipulations of record;

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

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

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

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

Dated the 18th day of May, 2009.

KIMBERLY FROST WILSON

SPECIAL MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

PO BOX 72

WILLIAMSBURG, KY 40769

PHONE:606-539-0881

              

PUBLIC NOTICE:

An emergency ordinance amending the Whitley County Budget for Fiscal Year 2008-2009, to include unanticipated receipts increasing/decreasing from the following funds: Gen, Road and Occupational Tax Funds in the amount of $454,686.00 and increasing/decreasing expenditures from the Gen, Road, and Occupational Tax Funds in the amount of $454,686.00 was passed on 05/19/09. 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:

An ordinance amending the Whitley County Budget for Fiscal Year 2008-2009, to include unanticipated receipts increasing/decreasing from the following funds: Gen, Ambulance, and 911 Funds in the amount of $211,292.00 and increasing/decreasing expenditures from the Gen, Road, Ambulance, and 911 Funds in the amount of $211,292.00 was passed on 05/19/09. 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